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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-066Temp. Reso. 11413 Page 1 of 3 May 13, 2008 CITY OF TAMARAC, FLORIDA RESOLUTION R-2008- L 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, RATIFYING THE MIXED USE DISTRICT ("MXD") ZONING CHANGE IMPLEMENTED PURSUANT TO ORDINANCE NO. 2005-12, ADOPTED ON AUGUST 13, 2005; DIRECTING THE APPROPRIATE MEMBERS OF CITY STAFF TO TAKE ANY AND ALL ACTION NECESSARY TO EFFECTUATE THE INTENT OF ORDINANCE NO. 2005-12 IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE CITY'S CODE OF ORDINANCES AND THE FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 13, 2005 the City Commission of the City of Tamarac (hereinafter referred to as the "City") lawfully adopted Ordinance No. 2005-12, thereby creating a Mixed Use Zoning District ("MXD") with the intention of developing the City's Main Street project; and WHEREAS, the zoning change, in which the City was the applicant, was also conducted in accordance with Article II, Division 3, entitled "Planning Board", of the City's Code of Ordinances; and WHEREAS, the MXD was further adopted pursuant to and is consistent with Section 166.041(c), F.S., in that the City Commission conducted all necessary public hearings and satisfied all other statutory requirements; and WHEREAS, the City Commission desires to ratify the zoning change effectuated pursuant to Ordinance No. 2005-12, and authorizes and directs the appropriate members of City Staff to take any and all action that may be necessary to ensure that the zoning Temp. Reso. 11413 Page 2 of 3 May 13, 2008 change is implemented in accordance with the applicable provisions of the City's Code of Ordinances and the Florida Statutes; and WHEREAS, the City Commission further reasserts its belief that the zoning change implemented pursuant to Ordinance No. 2005-12 is in the best interests of the health, safety and welfare of the citizens and residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The City Commission of the City of Tamarac, Florida hereby ratifies the zoning change effectuated pursuant to Ordinance No. 2005-12, and directs the appropriate members of City Staff to take any and all action that may be necessary to ensure that the zoning change was implemented in accordance with the applicable provisions of the City's Code of Ordinances and the Florida Statutes Section 3. The appropriate members of City Staff are hereby directed to take any and all steps necessary to effectuate the intent of this resolution. Section 4. All resolutions or parts of resolutions on in conflict herewith be, and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or 1 n 0 Temp. Reso. 11413 Page 3 of 3 May 13, 2008 application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 6. This Resolution shall become effective immediately upon its passage and adoption. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. PASSED AND ADOPTED BY THE COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS 10) DAY OF , 2008. 1 ATTEST: MARION SWENSON, CMC CITY -CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. */J,^" G' SAMUEL S. G AEN CITY ATTO NEY 7 RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCC DIST 1: COMM PORTNER IA DIST 2: COMM ATKINS-GRAD�t DIST 3: V/M SULTANOF p DIST 4: COMM. DRESSLER G!i e-