HomeMy WebLinkAboutCity of Tamarac Ordinance O-1984-0441
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Introduced by: Temp. Ord. #1127
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CITY OF TAMARAC, FLORIDA
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ORDINANCE NO. --
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4 AN ORDINANCE OF THE CITY OF TAMARAC DELETING
SECTION 12.07, RECREATIONAL LAND USE REFER-
5 ENDUMS, FROM THE CHARTER OF THE CITY OF
TAMARAC PURSUANT TO SECTION 166.031(5) OF
6 FLORIDA STATUTES, REPEALING RESOLUTION R-84-
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8 - WHEREAS, the Circuit Court of Broward County and
g the Fourth District Court of Appeals have determined that
10 rezoning of recreational land by referendum as provided for
in Section 12.07 of the City Charter is illegal and
a unconstitutional; and
13 WHEREAS, Florida Statute Section 166.031(5) pro-
14 vides a procedure for deleting provisions of a municipal
15 charter which have been judicially determined to be unconsti-
16 tutional by unanimous vote of the City Council; and .
17 WHEREAS, it is appropriate to conform the City's
18 Charter to the findings of our Courts.
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
20 OF THE CITY OF TAMARAC, FLORIDA:
21 SECTION 1: That Section 12.07 of the Tamarac City
22 Charter which reads as follows is hereby deleted in its
23 entirety:
24 "Sec. 12.07. Recreational land use referendums
Lands zoned for recreational uses may not be
26 rezoned for other purposes until such zoning
change has been submitted to the qualified
27 electors within the city by referendum held
for the purpose of approving such zoning
28 change. Referendums held pursuant to this
section shall be held at any general or spe-
29 cial election."
`'0 B ION 2: Specific authority is hereby granted to
31 codify this Ordinance.
32 9ECT_IQ.IL3: Should any section or provision of this
33 Ordinance or any portion thereof, or any paragraph, sentence
34 or word be declared by a Court of -competent jurisdiction to
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be invalid, such decision shall not affect the validity of
the remainder hereof as a whole or any part hereof, other
than the part declared to be invalid.
SECTION 4: All Ordinances or parts of Ordinances
in conflict herewith are hereby repealed to the extent of
such conflict. Resolution R--84-157 is also repealed.
That this Ordinance shall take effect
immediately upon its passage by unanimous vote of the City
Council.
PASSED FIRST READING this Z`fday of , 1984.
PASSED SECOND READING thiso:K day of , 1984.
ATTEST:
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this ORDINANCE.
10520071084/t
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MAYOR
RECORD OF COUNCIL VOTE
MAYOR: KRAVITZ-i�
DISTRICT 4: V/M STEINy�
DISTRICT 3: C/M STELZERe��
DISTRICT 2: C/M MUNITZ
DISTRICT 1: _C/M_DUNK
7�•�� ?/ �%�.5�&sue
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