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HomeMy Public PortalAbout13-09 Establish a Zoning Board Sponsored by: Mayor Taylor ORDINANCE NO. 13-09 AN EMERGENCY ORDINANCE OF THE CITY OF OPA- LOCKA,FLORIDA,TO ESTABLISH A ZONING BOARD OF APPEALS ON AN INTERIM BASIS;PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka, by vote of the citizens, adopted a new Charter on November 6, 2012; and WHEREAS, there exists a need for a Zoning Board of Appeals entity to fulfill certain functions, until the City Commission has the opportunity to fully consider the method of - implementing a permanent entity; and WHEREAS,on an emergency basis,the City Commission wishes to establish the Zoning Board of Appeals,to exist temporarily,until such time as the City Commission passes a permanent ordinance on this subject ;and WHEREAS,the City Commission would like to establish a Zoning Board of Appeals,and designates itself to temporarily act as members of the board. NOW,THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. On an interim basis,the City Commission establishes an entity known as the Zoning Board of Appeals, to have the same duties, responsibilities and rules as the prior Zoning Board of Appeals. On an interim basis, the members of the City Commission shall serve as the members of the Zoning Board of Appeals. This entity shall exist under these terms only until the City Commission enacts a permanent Ordinance dealing with this subject matter, Ordinance No. 13-09 Section 3. If any clause,section,or other part or application of this Ordinance is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Ordinance. Section 4. All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith, are hereby repealed. Section 5. This Ordinance shall upon adoption,become effective immediately. PASSED AND ADOPTED this 24th day of April, 2013. V M ' ' TAYL R MAYOR Attest to: ,1L' � 0 Jo. a Flores Ci Clerk Approved as to orm and legal suffic.-ncy: Ii,Jii Jo-.PI sh . seller G'' 'ENSP•ON MARDER PA e i Attorney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER JOHNSON Commission Vote: 3-2 Commissioner Holmes: YES Commissioner Johnson: NO Commissioner Santiago: YES Vice-Mayor Kelley: NO Mayor Taylor: YES