HomeMy WebLinkAboutDocumentation_Regular_Tab 12_11/04/2010 "AL !
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
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1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: 13 -10
11/410
Consent Agenda: No Resolution #:
Originating Department: Attorney / Police Chief
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Ordinance 13 -10, First Reading, Amending the Village Code of Ordinances at Chapter 78. Zoning. at Article
IX. Supplemental Regulations. Division 6. Marina Facilities. Sec. 78 -483. Construction of Docks. By Amending
this Section to make Reference to the New Waterway Control Chapter for Regulations Regarding the
Construction of Docks; and at Article XIII. Uniform Waterway Control. By Repealing this Article in its Entirety
and Reserving it for Future Use
3. BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available: Amount Remaining after item:
N/A N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
5. APPROVALS:
Dept. Head: Finance Director: ❑ Reviewed for Financial
Sufficiency
❑ No Financial Impact
Attorney: (for legal sufficiency) Yes ❑ No ❑
Village Manager: �1 ?"
• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM:
• DENY ITEM: ❑
Form amended 08126/08
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MEMORANDUM
Village of Tequesta
Clerk's Office
TO: Mr. Michael R. Couzzo, Jr., Village Manager
Honorable Mayor and Village Council Members
FROM: Attorney Keith Davis
DATE: October 29, 2010
SUBJECT: Ordinance 13 -10
Ordinance 13 amends the zoning code by repealing the old Article XIII that will be
relocated into Chapter 76 by Ordinance 12. Also, it amends Sec. 78-483 which used to
make reference to the code at Art XIII, to now make reference to that same language in
the new Ch. 76.
ORDINANCE NO. 13 -10
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. AT ARTICLE IX.
SUPPLEMENTAL REGULATIONS. DIVISION 6. MARINA FACILITIES.
SEC. 78 -483. CONSTRUCTION OF DOCKS. BY AMENDING THIS
SECTION TO MAKE REFERENCE TO THE NEW WATERWAY
CONTROL CHAPTER FOR REGULATIONS REGARDING THE
CONSTRUCTION OF DOCKS; AND AT ARTICLE XIII. UNIFORM
WATERWAY CONTROL. BY REPEALING THIS ARTICLE IN ITS
ENTIRETY AND RESERVING IT FOR FUTURE USE; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 78. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta has adopted
Ordinance 12 -10, which, among other things, restructures the Village Code of
Ordinances by relocating the "uniform waterway control" code into its own newly created
chapter, being Chapter 76; and
WHEREAS, said relocation requires that the former "uniform waterway control"
code, Article XI II of the zoning code, be repealed and reserved for future use; and
WHEREAS, in order to provide for internal consistency, Sec. 78 -483, which used
to refer to the dock construction criteria in former Article XIII, must be amended to refer
to those same dock construction criteria which have been relocated to Chapter 76; and
WHEREAS, the Village Council believes that these revisions to the Village's
zoning code are in the best interests of the Village of Tequesta, and will promote the
public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 : Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations. Division 6.
Marina facilities. Sec. 78 -483. Construction of docks. by amending this section to make
reference to the new waterway control chapter for regulations regarding the construction
of docks; providing that Sec. 78-483 shall hereafter read as follows:
Sec. 78 -483. Construction of docks.
All docks at marina facilities shall be constructed in conformance with the
requirements set forth in Chapter 76. Waterway Control. of the Code of Ordinances of
nrfinla Y111 of this GhapteF.
the Village of Tequesta
Section 2 : Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article XIII. Uniform Waterway Control. by repealing
this article in its entirety, Sections 78 -831 through 78 -837 inclusive, and reserving same
for future use. The Village Council hereby directs the Village Clerk to ensure that the
text of Article XIII be removed from the Village Code, and to further ensure that the table
of contents for Chapter 78 is properly amended to reflect said repeal.
Section 3: Each and every other section and subsection of Chapter 78.
Zoning. shall remain in full force and effect as previously enacted.
Section 4: All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
Section 5 : Should any Section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a Court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7 : This Ordinance shall become effective immediately upon passage.