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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-079Introduced by: Temp # '7Y7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 8 9 20 21 22 23 24 25 26 27 28 29 30 1 32 33 34 35 36 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0- Y ' 7 AN ORDINANCE ADOPTING A SUPPLEMENTAL REVISION AND CODIFICATION TO THE CODE OF THE CITY OF TAMARAC, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOTINCLUDED THEREIN WITH CERTAIN EXCEPTIONS AND FOR OTHER PURPOSES HEREINAFTER SET OUT; PROVIDING FOR SEVERABILITY OF CERTAIN INVALID PROVISIONS; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: There is hereby adopted by the City Council that certain Supplement No. July 6, 1980, to "The Code of the City of Tamarac, Florida," as previously consolidated, codified and in- dexed in Chapters 1 to 28, as amended by Supplement Nos. 1 through 5. Not less than three copies of the Code have been and are now filed in the office of the City Clerk. SECTION 2: The provisions of the pages of Supplement No.6 enforced on and after the effective date of this Ordinance, and all Ordinances of a general and permanent nature adopted on final reading and passage on or before February 27, 1980 and not contained in such Code are hereby repealed from and after the effective date of this Ordinance except as hereinafter provided. Provisions of this Ordinance shall not affect in any way any Ordinance which has been enacted subsequent to February 27, 1980, and any Ordinance repealed subsequent to that date shall not be considered re --enacted merely by inclusion of this supplement. SECTION 3: The repeal provided for in the preceding section of this Ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred on any contract or right established or accruing before the effective date of this Ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this Ordinance; nor shall such repeal affect any Ordinance or Resolution promising or guaranteeing the payment of money for the City or authorizing the issue of any bonds of the City or any 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 L9 20 21 22 23 24 25 26 27 28 29 130 31 32 33 34 35 36 evidence of the City's indebtedness or any contract or obligation assumed by the City; nor shall it affect any budget or any annual tax levy; nor shall it affect any right or franchise conferred by Ordinance or Resolution of the City Council on any person or corporation; nor shall it affect any Ordinance adopted for purposes which have been consummated; nor shall it affect any Ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any Ordinance re- lating to the salaries of the City Officers or employees; or shall it affect any Ordinance annexing territory to the City; nor shall it affect any Ordinance naming, re -naming, opening, accepting or vacating streets or alleys in the City; nor shall it affect any Ordinance relating to the zoning map; nor shall it affect any Ordinance adopted on final reading and passage after- July 11, 1979; nor shall it affect Article 2, Section 41 of Ordinance Number 72-29; nor shall it affect the following: Ordinances 75-4, 75-39, 76-4, 76-33, 76-34, 76-49,76-50, 76-88, 78-39, 79-19 and in Section 28-21E paragraph 6 - the word "determination" should be substituted with "termination" as set forth in Ordinance 77-12 paragraph F. Not codified and not repealed are the words "firm or corporation" included in Sections 14-80 and 14-81 of Ordinance 79-27 but Iomitted from Section 141-80, paragraph (b), third line, after the word "person" and from Section 14-81, line 1, after the word "person", of the Code as codified. Not codified and not repealed in Section 4 of Ordinance No. 79-1, and Section 4 of Ordinance No. 79-34. In Section.18-6(1)(a) the words "or industrial establishment" were inadvertently added during codification and are not adopted by this ordinance. Not codified are the words "Tamarac Utilities" in Section 7-8(a)(7) and substituted therefor should be the words "City's Utility Division" as reflected in Ordinance No. 79-61. In Section 20-19.1(d) of supplement No. 6, the word "only" was inadvertently omitted and said word should be added between the words "section" and "applies". In Section 9-37(2)(3rd line) the word "agent" should be "officer" and in Section 9-40(1)(4th line) the word "agent" should be "officer". Not repealed is Ordinance No. 80-30 which should have been included in Supplement No. 6. :WX 1 2 3 4 5 6, 7 9 10 11 12 13 14 15 16 17 8 9 20 21 22 23 24 25 26 27 28 29 30 1 )2 33 34 35 36 SECTION 4: The enactment of this Ordinance shall have no effect on the Ordinances applicable in:�Land Section 4,5, and 6 of Township 49 South, Range 41 East of Broward County, Florida, as set forth in the various Orders in the case styled Simon Zunamon, Trustee, and Leadership Housing, Inc., v. City of Tamarac, case No. 72-11731. SECTION 5: Whenever in the Code adopted by this Ordinance or in any other Ordinance or Resolution of the City, or in any rule, regulation or order promulgated by any officer or agency of the City under authority duly vested in'him, or if any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor; where no specific penalty is provided thereof, the violation of any such provision of such Code or any other Ordinance or Resolution of the City or such rule, regulation or order shall be punished by a fine not to exceed Five Hundred ($500.00) Dollars or imprisonment for a term not exceeding Sixty (60) Days, or by both such fine and imprisonment. Except where otherwise provided, every day any violation of such Code or any other Ordinance or Resolution of the City or such rule, regulation or order shell constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance and the Code hereby adopted are severable, except those Ordinances specifically made nonseverable when enacted, and if any phrase, clause, sentence, paragrpah or section of this Ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance or the Code hereby adopted, except those Ordinances specifically made nonseverable when enacted which shall become null and void in their entirety. -3- .8 9 20 21 22 23 24 25 26 27 28 29 30 J2 33 34 35 36 SECTION 7: This Ordinance shall become effective immediatley upon its final passage. PASSED FIRST READING this day of , 1980. PASSED SECOND READING this ,�day of , 1980. 10/ ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE. MAYOR: DISTRICT CITY ATTORNEY DISTRICT DISTRICT DISTRICT 4- OR RECORD OF COUNCIL VOTE