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91-O-5 1.,) ',rAP (I--' '. ~ ..... ORDINANCE NO. 91-JL-~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ORDINANCE NO. 89-0-36 IN ITS ENTIRETY WHICH PROHIBITED THE SOUNDING OF RAILROAD TRAIN HORNS AND WHISTLES BETWEEN 10:00 P.M. AND 6:00 A.M. AT ALL PUBLIC AT-GRADE CROSSINGS HAVING TRAIN ACTIVATED AUTOMATIC TRAFFIC CONTROL DEVICES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 20, 1989, Ordinance No. 89-0-36 was en- acted by the city council of the City of Edgewater, Florida, which Ordinance prohibited the sounding of railroad train horns and whistles between 10:00 P.M. and 6:00 A.M., pursuant to Chapter 351, Florida statutes. A copy of said Ordinance is attached hereto as Appendix "A" and made a part hereof by reference. WHEREAS, the City Council of the City of Edgewater has been requested to repeal said Ordinance in its entirety. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That Ordinance No. 89-0-36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CREATING 10-27 (a) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, PROHIBITING THE SOUNDING OF RAILROAD TRAIN HORNS AND WHISTLES BETWEEN 10:00 P.M. AND 6:00 A.M. AT ALL PUBLIC AT-GRADE CROSSINGS HAVING TRAIN ACTIVATED AUTOMATIC TRAFFIC CONTROL DEVICES; AMENDING SECTION 10-28 (10) OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. is hereby repealed in its entirety. SECTION 2. That all ordinances of the City Code, or parts thereof, and all resolutions in conflict herewith, be and the same are hereby repealed in their entirety. Specifically, Section 10- 27 (a) and the amendment to Section 10-28 (10) of the City Code are hereby repealed in their entirety. SECTION 3. If any section, or part thereof, paragraph, clause, phrase or word of this Ordinance is declared to be invalid, the remaining portions hereof shall not be affected and this Ordi- nance shall be construed as if such portion had not been included herein. Ordinance Died June 3, 1991 ..... ..,., SECTION 4. This Ordinance shall take effect immediately upon its adoption by the city council of the City of Edgewater, Florida, and approval as provided by law. This Ordinance was introduced by This Ordinance was read on first reading and passed/failed by a vote of the City council of the City of Edgewater, Florida, and approved/rejected as provided by law, at a meeting of said Council held on the ____ day of , 1991. The second reading of this Ordinance to be at a meeting of the City Council of the City of Edgewater, Florida, to be held on the day of 1991. ROLL CALL VOTE ON ORDINANCE NO. 91- 0 - 5 . Mayor Councilman-Zone One Councilman-Zone Two Councilman-Zone Three Councilman-Zone Four SECOND READING: Mayor Councilman-Zone One Councilman-Zone Two Councilman-Zone Three Councilman-Zone Four - 2 - Ord. 91-0-5 '-' "'-' ATTEST: City Clerk This Ordinance read and adopted/rejected on second reading at a meeting of the City Council of the City of Edgewater, Florida, and authenticated this day of 1991. Mayor This Ordinance prepared by: City Attorney 22967/91001.jgm 05/16/91.1ba - 3 - Ord. 91-0-5