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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-105This_ Ordinance was �� q introduced by � CITY OF TAMARAC, FLORIDA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 72-31 TO PROVIDE THAT PRIVATELY OWNED AND MAIN- TAINED RECREATIONAL AREAS WILL BE CREDITED AGAINST THE REQUIREMENTS OF THE CITY ONLY WHERE SUCH PRIVATE OWNERSHIP IS BY FEE SIMPLE ABSOLUTE; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; REPEALING ALL LAWS IN CONFLICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Ordinance No. 72-31 is hereby amended by amending Section 1, paragraph F, Exemption and Credits, subparagraph (1), to read as follows: "(1) Where private open space for park and recre- ational purposes is provided in a proposed subdivision and such space is to be privately owned in fee simple absolute by the future residents of the subdivision, provided that said receational area is not encumbered by a recreation lease or other purchase money encumbrance, and where such recreation areas are to be maintained by the future residents of the subdivision, such areas shall be credited against the requirement of the dedication for park and recreational pur- poses or the payment of fees in lieu thereof, providing the Zoning Commission within its discretion finds and enters said finding in the minutes of the Zoning Commission that the exemption or credit is in the best interest of the public to do so,'and that the following standards are all met;i, SECTION 2: In all other respects the provisions of Ordinance No. 1-64 of the City of Tamarac as heretofore amended shall remain in full force and effect. SECTION 3: In the event any section, subsection, paragraph, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall in no manner affect the validity of the remainder of this Ordinance or any part thereof. LJ 1 SECTION 4: All ordinances or parts of ordinances, or resolutions or parts of resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING THIS "e' DAY OF PASSED SECOND READING THIS, DAY OF PASSED THIRD READING THIS t DAY OF ATTEST: .0 Ty CL RK rim C"LIfl-3 Y t;lat I have approved form and correctness Ordinance �iC CITY ATTORNEY RECORD OF COUNCIL VOTE Mayor Seltman Vice Mayor Lange Councilman Johnson Councilman Shultz Councilman Socker 1973. 1973. 1973.