HomeMy Public PortalAbout14-08 Moratorium on New Check Cashing, Pay Day Establishments Sponsored by Mayor Taylor
ORDINANCE NO. 14-08
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA
TO IMPOSE A MORATORIUM ON NEW CHECK
CASHING, PAY DAY ESTABLISHMENTS CITYWIDE FOR
UP TO A YEAR; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY AND
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Opa-locka was awarded a community challenge grant FY2011
from the United States Department of Housing and Urban Development to prepare a
comprehensive re-write of the City's Comprehensive Plan, Land Development code, and to
provide a housing and economic development strategy report; and
WHEREAS, the City has been inundated with requests for the establishment of new
check cashing and pay day establishments; and
WHEREAS, applications are permitted by right and are not required to seek approvals
by the City Commission nor review by the Planning Council; and
WHEREAS, there is a need for Planning Council review to determine the impact of
these establishments on the general public for recommendation to the City Commission, and
WHEREAS, the City Land Development Code needs to be updated to provide complete
and comprehensive guidance to address applications, zoning issues and distance requirements;
and
WHEREAS, to protect the planning process and the health, safety and welfare of its
citizens while undertaking the re-write of the city Comprehensive Plan and Land Development
Code, the City Commission desires to impose a moratorium on new check cashing and pay day
establishments citywide for a period up to a year.
ORDINANCE NO. 14-08
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA AS FOLLOWS:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locks hereby adopts a Moratorium
on new check cashing and pay day establishments citywide for up to a year. The Moratorium
shall be in effect for a period of one (1) year or less from the date of this ordinance, or until such
time as the City Commission determines the Moratorium is no longer needed.
Section 3. REPEALER. All Ordinances or parts of ordinances in conflict herein are
hereby repealed.
Sect_ion 4. SEVERABILITY. If any portion, section, phrase or clause of this Ordinance is
held invalid by a court of competent jurisdiction; such ruling shall not affect the validity of the
remainder of this Ordinance.
Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances
when the code is re-codified.
Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTS •'- 23RD DAY OF Luk,2014.'-x\
MOTION FAILED
Y A TAYLOR
AYOR
to t to:
Jo na Flores
Ci y Clerk
ORDINANCE NO. 14-08
Approved as to form and legal sufficiency:
1
Jos er
G ENSP ON MARDER PA
Ci� Attorney
Moved by: COMMISSIONER JOHNSON
Seconded by: COMMISSIONER SANTIAGO
Commission Vote: 2-2
Commissioner Holmes: YES
Commissioner Johnson: NO
Commissioner Santiago: NO
Vice-Mayor Kelley: NOT PRESENT
Mayor Taylor: YES