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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1984-0441 i Introduced by: Temp. Ord. #1127 1 CITY OF TAMARAC, FLORIDA 2 ORDINANCE NO. -- 3 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- 7 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 1 UU Ll 1 2 3 4 5I 71 8 9 10 13 14 15 17 18 19 20 21 22 23 4 M 26 27 28 29 0 31 32 33 34 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 SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Resolution R--84-157 is also repealed.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 K 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 001