HomeMy WebLinkAboutDocumentation_Regular_Tab 9A_2/20/1992 rt.
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VILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tcyuesta Drive
r- � � 4 Tcyuesta. Florida 33469-0273 • (407) 575-6200
l• �• c FAX: (407) 575.6201
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MEMO222XNDUM :
TO: Village Council
FROM: Thomas G. Bradford, Village Manager
(
DATE: February 13, 1992
SUBJECT: Ordinance No. 434; Second Reading; Agenda Item
This Ordinance was the same Ordinance adopted according to
emergency procedures at the Special Village Council Meeting held
on January 30. As indicated at that time, the staff recommended
that the Ordinance also be adopted on second reading, using
standard adoption procedures, in order to guarantee the
legitimacy of the Ordinance, particularly from the perspective of
Palm Beach County in their dealings with the St. Jude 's Church
Construction Project.
It is recommended that the Village Council adopt Ordinance No.
434 on second reading.
TGB/krb
Recycled Paper
ORDINANCE NO. 434
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 399 RELATING TO
ENVIRONMENTALLY SENSITIVE LANDS; AMENDING
SECTION 13 THEREOF RELATING TO REPEAL OF LAWS IN
CONFLICT; AMENDING SECTION 14 THEREOF PROVIDING
THAT ORDINANCE 399 SHALL PREVAIL OVER AND
OPERATE TO THE EXCLUSION OF OTHER MUNICIPAL OR
COUNTY ORDINANCES WITHIN THE VILLAGE OF
TEQUESTA, PROVIDING FOR SEVERABILITY; PROVIDING
REPEAL OR ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village of Tequesta adopted its Comprehensive
Plan pursuant to Florida Statute Chapter 163 requiring the
promulgation of ordinances protecting environmentally
sensitive lands; and
WHEREAS, by Ordinance No. 399 the Village of Tequesta
adopted its Environmentally Sensitive Lands Ordinance on May
10, 1990; and
WHEREAS, the Village of Tequesta's Environmentally
Sensitive Lands Ordinance set forth a comprehensive program
for protection of environmentally sensitive lands and the
endangered, threatened and rare plant or animal species that
reside therein; and
WHEREAS, the Village of Tequesta adopted its
Environmentally Sensitive Lands Ordinance for purposes of
exercising exclusive jurisdiction over environmentally
sensitive lands as defined in said ordinance within the
municipal corporate limits of the Village of Tequesta; and
WHEREAS, Palm Beach County has informed the Village that
its ordinance is not a valid opt out of the Palm Beach County
Environmentally Sensitive Lands Ordinance; and
WHEREAS, the Village Council desires to take immediate
steps pursuant to Florida Statute 166.041 to eliminate any
misunderstanding as to jurisdiction for regulating
environmentally sensitive lands within the municipal limits
of the Village of Tequesta; and
WHEREAS, the Village Council has determined that immediate
action is required to prevent or remedy a condition or
situation which is of such nature that to postpone such
action would result in injury or damage to the citizens of
the Village of Tequesta; and -
WHEREAS, the Village Council desires by two-thirds vote to
enact this Emergency Ordinance without complying with the
requirements of the regular enactment procedure.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, as follows:
Section 1. Section 13, Repeal of Laws in Conflict, of
Ordinance 399 is hereby amended to read as follows:
"Section 13. REPEAL OF LAWS IN CONFLICT
13.01 All local laws and ordinances applying to the
incorporated areas of the Village of Tequesta in
conflict with any provisions of this Ordinance are
hereby repealed.
Section 2. A new Section 14 is hereby created to read as
follows:
"Section 14. PREVAILING LAW
14.01 The provisions of this Ordinance shall prevail
over, operate to the exclusion of, and constitute a
valid opt out of all other municipal or county
ordinances in effect or as may be amended related to
the subject of this Ordinance.
Section 3. Sections 14, 15 and 16 of Ordinance No. 399
are renumbered Sections 15, 16 and 17 respectively.
Section 4. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or
applications of this Ordinance which can be given effect
without the invalid provisions or applications, and to this
end, the provisions of this Ordinance are hereby declared
severable.
Section 5. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts
thereof which conflict with this or any part of this
Ordinance are hereby repealed.
Section 6. Codification. This Ordinance shall be
codified and made a part of the official Code of Ordinances
of the Village of Tequesta.
Section 7. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided
by law.
THE FOREGOING ORDINANCE WAS OFFERED by
Councilmember , who moved its
adoption. The motion was seconded by
Councilmember , and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of February, A.D. , 1992.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Joann Manganiello
Village Clerk