Res 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 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WHEREAS, the City desires to remove any outdated references to the Board of Construction Appeals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 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 Delray Beach, Florida, is
hereby amended to read as follows:
Sec. 32.09. EXPIRATION OF TERMS; COMMENCEMENT OF TERMS.
(A) Expiration of Terms. All advisory board, Committee (regular and ad hoc), and task force
appointments shall expire as follows:
(1) Board of Adjustment, Beard of Gonstmetion Appeals, Gommufiity Appeitritnee,
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hereby repealed.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. p
'J PASSED AND ADOPTED in regular session on second and final reading on this 1 2�, day of
2009.
ATTEST:
City Clerk
First ReadingZ�
Second Readin Z
MAYOR
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 NO. 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.
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 NO. 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
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 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 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 Delray Beach, Florida, is
hereby amended to read as follows:
Sec. 32.09. EXPIRATION OF TERMS; COMMENCEMENT OF TERMS.
(A) Expiration of Terms. All advisory board, Committee (regular and ad hoc), and task force
appointments shall expire as follows:
(1) Board of Adjustment, Baftrd of Gatistruetiatt Appeals, Gaffitntmity Appeitraftee,
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.
ATTEST:
City Clerk
First Reading_
Second Reading
15 AM fo
2 ORD. NO. 4-09
12A Boca Raton/Delray Beach News - Friday & Saturday, January 23-24, 2009 • www.bocanews.com
Np7I�E;
100
ANNOUNCEMENTS
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC NEARING
A PUBLIC HEARING w. be held on
the bibwirg proposed ordinances at
7:00 p.m. on TUESDAY, be
3, 2009 (a al any cxirib atbn of such
meeting which is set by the
Commission, in the City Commission
Chambers, 100 N.W. 1st Avenue, Del-
ray Beach, Florida, at which Bme the
City Commission will consider their
adoption. The proposed ordinances
may be inspected of the Office of the
City Clerk at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, be-
tween the lours of 8:00 a.m. and 5:00
P.M., Monday through Friday, except
holidays. AU interested parties are in-
vited to attend and be heard with re-
spect to fhe proposed ordinances.
ORDINANCE NO. 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 'BOARD OF
CONSTRUCTION APPEALS' AND
TO UPDATE THE REFERENCES TO
OTHER BOARDS; PROVIDING A
SAVING CLAUSE, A GENERAL RE.
PEALER CLAUSE, AND AN EFFEC-
TIVE DATE.
ORDINANCE NO.OS-09
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING OR-
DINANCE 43-03 IN ORDER TO IN-
CLUDE A NEW 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 advised that if a person de-
cides to appeal any decision made by
the City Commission with respect to
any matter considered at these hear-
ings, such person may need to ensure
Thal a verbatim record includes the
testimony and evidence upon which
the appeal is 10 be based. The City
does not provide nor prepare such
record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D Nubm, CMC
City Clerk
Publish: Friday, January 23, 20o9
Bap RataWelray Beach News