Ord 04-09AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS",
SECTION 32.09, "EXPIRATION OF TERMS; COMMENCEMENT OF
TERMS", IN ORDER TO SUBSTITUTE "BOARD OF ADJUSTMENT"
FOR "BOARD OF CONSTRUCTION APPEALS" AND TO UPDATE
THE REFERENCES TO OTHER BOARDS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Dekay Beach, Florida, combined the Board of
Adjustment and the Board of Construction Appeals into one board called the Board of Adjustment on
October 16, 2007 ;and
WHEREAS, the City desires to remove any outdated references to the Board of Construction Appeals
from its Code of Ordinances and to update the references to other boards.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Chapter 32, "Departments, Boards and Commission", Section 32.09, "Expiration
of Terms; Commencement of Terms" of the Code of Ordinances of the City of Dekay Beach, Florida, is
hereby amended to read as follows:
Sec. 32.09. EXPIRATION OF TERMS; COMMENCEMENT OF TERMS.
(A) E.x~iration of Terms. All advisory board, Committee (regular and ad hoc), and task force
appointments shall expire as follows:
(1) Board of Adjustment, ,
Site Plan Review and Appearance Board, Planning and Zoning, and Historic
Preservation Board memberships shall expire at 12:00 midnight on August 31.
(2) All other Board, Committee (regular or ad hoc) and task force memberships
shall expire at 12:00 midnight on July 31, except for the Civil Service Board,
Code Enforcement Board, Community Redevelopment Agency, Downtown
Development Authority, Delray Beach Housing Authority, Police and Fire
Pension Board, and the Public Employees Relations Commission which are
governed by Florida Statutes or Special Act.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on second
and final reading. ~~~
PASSED AND ADOPTED in regular session on second and final reading on this day of
2009.
~~~~
~~
MAYOR
ATTEST:
Ciry Clerk
First Readin ~ Z-~
Second Readin Z
2 ORD. NO. 4-09
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: January 28, 2009
SUBJECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009
ORDINANCE N0.04-09
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading for a City initiated ordinance amending
Chapter 32, "Departments, Boards and Commissions", Section 32.09, "Expiration of Terms;
Commencement of Terms", in order to substitute "Board of Adjustment" for "Board of Construction
Appeals" and to update the references to other Boards.
BACKGROUND
At the first reading on January 20, 2009, the Commission passed Ordinance No. 04-09.
RECOMMENDATION
Recommend approval of Ordinance No. 04-09 on second and final reading.
:a
i
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terrill C. Pyburn, Assistant City Attorney
THROUGH: Susan A. Ruby, City Attorney
DATE: January 6, 2009
SUBJECT: AGENDA ITEM 12 A -REGULAR COMMISSION MEETING OF JANUARY 20, 2009
ORDINANCE N0.04-09
ITEM BEFORE COMMISSION
Ordinance 04-09.
BACKGROUND
The City Commission previously combined the Board of Adjustment and Board of Construction
Appeals into one board titled the Board of Adjustment. The attached Ordinance 04-09 amends Section
32.09(A) of the Code of Ordinances in order to substitute "Board of Adjustment" for "Board of
Construction Appeals". An obsolete reference to the Community Appearance Board is also being
updated to reference the correct title as the Site Plan Review and Appearance Board.
RECOMMENDATION
The City Attorney's Office recommends City Commission discretion.
ORDINANCE NO. 4-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
D1=~LRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THI_; CITY OF DELRAY BEACH, BY AMENDING
CHAPTER 32, "DEP.ARTMENTS, BOARDS AND COMMISSIONS",
SECTION 32.09, "EXPIRATION OF TERMS; COMMENCEMENT OF
TERMS", IN ORDER TO SUBSTITUTE "BOARD OF ADJUSTMENT"
FOR "BOARD OF CONSTRUCTION APPEALS" AND TO UPDATE
THE REFERENCES TO OTHER BOARDS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, combined the Board of
Adjustment and the Board of Construction Appeals into one board called the Board of Adjustment on
October 16, 2007 ;and
WHEREAS, the City desires to remove any outdated references to the Board of Construction Appeals
from its Code of Ordinances and to update the references to other boards.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION , OF THE CITY OF
DELRAY BEACI I, FLORIDA:
Section 1. That Chapter 32, "Departments, Boards and Commission", Section 32.09, "Expiration
of Terms; Commencement of Terms" of the Code of Ordinances of the Cit}= of Delray Beach, Florida, is
hereb}= amended to read as follows:
Sec. 32.09. EXPIRATION OF TERMS; COMMENCEMENT OF TERMS.
(A) E.x~iration of Terms. All advisory board, Committee (regular and ad hoc), and task force
appointments shall expire as follows:
(1) Board of Adjustment, ,
Site Plan Review and Appearance Board, Planning and Zoning, and Historic
Preservation Board memberships shall expire at 12:00 midnight on August 31.
(2) All other Board, Committee (regular or ad hoc) and task force memberships
shall expire at 12:00 midnight on July 31, except for the Civil Service Board,
Code Enforcement Board, Community Redevelopment Agency, Downtown
Development Authority, Delray Beach Housing Authority, Police and Fire
Pension Board, and the Public Employees Relations Commission which are
governed by Florida Statutes or Special Act.
ection 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word. be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on second
and. final reading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
2009.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading;
2 ORD. NO. 4-09
G~ = ~~c ~-
12A Boca RatonJDelray Beach News -Friday & Saturday, January 23-24, 2009 • www.bocanews.com
NOTICES
100
ANNOUNCEMENTS
CITY OF DELRAY BEACH,FLOflIDA
NOTICE OF PUBLIC NEARING
A PUBLIC HEARING will be held on
the following proposed ordinances al
7:00 p.m. on TUESDAY, FEBRUARY
3, 2009 (or at any continuation of such
meefing which is set by the
Commission), in the City Commission
Chambers, 10p N.W, 1st Avenue, Del-
ray Beach, Florida, at which Time the
City Commission will consider their
adoption. The proposed ordinances
may be inspected et the Office of the
City Clerk at City Hall, 100 N.W. tst
Avenue, Delray Beach, Florida, be-
tween the hours of B:OD a.m. and 5:00
p.m., Moray Ihrougfi Friday, except
holidays. All interested parties are in-
vAed to attend and be heard wfth re-
spect tothe proposed ordinances.
ORDINANCE N0.04-09
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY
AMENDING CHAPTER 32,'
°DEPARTMENTS, BOARDS AND
COMMISSIONS", SECTION 32.09,
"EXPIRATION OF TERMS; COM-
MENCEMENT OF TERMS°, IN OR-
DER TO SUBSTITUTE 'BOARD OF
ADJUSTMENT" FOR'80ARD OF
CON57RUCTION APPEALS"AND
TO UPDATE THE REFERENCES TO
OTHER BOARDS; PROVIDING A
SAVING CLAUSE, A GENERAL RE-
PEALER CLAUSE, ANO AN EFFEC-
TIVEDATE.
ORDINANCE N0.05-09
AN ORDNANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH. FLORIDA, AMENDING OR-
DINANCE 43-03 IN ORDER TO IN-
CLUDE ANEW STUDY REGARDING
RETAIL-ONLY ADULT ENTERTAIN-
MENT ESTABLISHMENTS IN THE
LEGISLATIVE HISTORY OF THE OR-
DINANCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE
DATE.
'Please be atlvisetl That if a person de-
cldes to appeal any decision made by
the City Commission with respect to
any matter wnsidered at these hear
togs, such person may need to enwm
that a verbatim record includes the
testimony end evidence upon which
the appeal is to be based. The Cily
does not provide nor prepare such
recoN pursuant to ES.260.O105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
I Publish: Friday, January 23, 2009
Boca RatonlDelray Beach News