HomeMy WebLinkAboutDocumentation_Regular_Tab 10_12/09/2010 � � � � VI�L�►GE OF TEQUESTA
, AGENDA iTEM TRANSMITTAL FORM
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1. VIL LAGE COUMCIL MEETING:
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; Meeting Date: ���Meeting Type. Re ular t3rdinance #: 13-1Q
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E�onsent Agenda: No Resolution #; �_ ._
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Qfl�Ifi1�llit,� De!�T't#Yi@ti� Attorney t Pvlice Chief _._ _.__._�___-----..__.......... _ �
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of yaur staff report}
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Ordinance 13-1 Q, Firstt Readins�, Amending the Viliage Cade af Ordinances at Chapter 78. Zoning. at Article ,
IX. Supplemental Regulations. Div'rsion 6, Manina Faeilities. Sec. 78-483. Construction of Docks. By Amending '
#his Section to make Reference to the New Watenrfray Cantral Chapter for Regulations Regarding the ;
� Canstruction of Docks; and at Article XIII. Unifi�arm W�terway Control. By R�peaiir�g tk�is Artic(e in its Entirety
and Reseruing i# far Future Use
3. BUDGET J FINANCIA� IMPACT:
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Current Budgeted Amaunt Available: E Amaunt Remaining after item:
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�� Budget Trans#er Required: No Apprapriat8 Fund Balance: No
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4. EXECUTIVE SUMMARY QF MAJQR ISSUES: (This is a s nap sh ot description of the agenda item}
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�ept Nead: Finance Directo�r: ❑ Reviewed for Financial
Sufficiency
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Attorney: (for legai su�ciency} Yes ❑ No ❑ I
Vil(age Manager; �,•--.`�"" "�"""�
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• SUBiY11T �C3R Ci3UNC1� DlS�USSION: ,� ��
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Form amended �8126t08 ,
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REDISTRIBUTED FROM NOVEMBER '
MEETING
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�.= MEMORANDUM
Village of Tequesta
Clerk's Office
TO: Mr. Michael R. Couzzo, Jr., �Ilage Manager
Honorable Mayor and Village Council Members
FROM: Attomey Keith Davis
DATE: October 29, 2010
SUBJECT: Ordinance 13-10
Ordinance 13 amends the zoning code by repealing the old Ardcle XI11 that will be
relocated into Chapte� 76 by Ordinance 12. Also, it amends Sec. 78�83 which used to
make reference to the code at Art XIII, to now make reference to that same language in
the new Ch. 76.
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ORDINANCE NO. 13-10
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENOING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. 20NING. AT ARTfCLE IX.
SUPPLEMENTAL. REGULATIONS. DIVISION 6. MARINA FACILITIES.
SEC. 78�483. CONSTRUCTION OF DOCKS. BY AMENDING THIS
SECTION TO MAKE REFERENCE TO THE NEW WATERWAY
CONTRO� 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 Viilage Council of the Village of Tequesta has adopted
Ordinanoe 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
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WHEREAS, said relocation requires that the foRner "uniform waterway control"
code, Article XI II of the zoning code, be repealed and reserved for future use; and
WHEREAS, in o►�der to provide for intemal consistency, Sec. 78-483, which used j
to refer to the dock construction criteria in foRner Article XI11, must be amended to refer
to those same dock construction criteria which have been relocated to Chapter 76; and
WHEREAS, the �Ilage Council believes that these revisions to the �Ilage's
zoning code are in the best interests of the Village of Tequesta, and will promote the
public health, safety and wetfare.
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 A�ticle IX. Supplemental Regulations. Division 6.
Marina facilities. Sec. 78-483. Construction of docks. by amending this section to make
reference to the new watervvay 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 shail be constructed in conformance with the
requirements set forth in �hanter 76 Wate►wav Control of the Code of Ordinances of
the Villaae of Teauest.� •
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article XIII. UniForm Watervvay Control. by repealing
this article in its e�tirety, Sections 7&831 through 78-837 inc{usive, and reserving same
for future use. The Village Council hereby directs the Village Clerlc to ensure that the
text of Article XIII be removed from the Village Code, and to further ensure that the tabte
of contents for Chapter 78 is properly amended to reflect said repeat.
Sec„ �on 3: Each and every other section and subsection of Chapter 78.
Zoning. shaN remain in full focce and ef�e�t as previously enacted.
Section 4: All Ordinances or parts of Ordinances in oonflict herewith be and I
the same are hereby repealed. ,
Section 5 : Should an Section o� rovision of this Ordinance or any portion
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thereof, any paragraph, sentence or word be dectared by a Court of competent ,,
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 6: Spec�c authority is hereby granted to codify this Ordinance.
Section 7 : This Ordinance shall become effective immediatety upon passage.