06-92 ORDINANCE NO. 6-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 125-88
TO INCLUDE LANGUAGE PREVIOUSLY OMITTED FROM
ORDINANCE 125-88, TO PROVIDE FOR EXTENDED HOURS OF
OPERATION FOR PROPERTY LOCATED IMMEDIATELY NORTH
OF THE L-32 CANAL, AND IMMEDIATELY SOUTH OF LAKE
IDA ROAD, BETWEEN CONGRESS AVENUE AND THE LAKE
WORTH DRAINAGE DISTRICT CANAL #3-1/2; PROVIDING
FURTHER THAT NOTHING IN THIS ACTION SHALL AFFECT
ANY OF THE TERMS, CONDITIONS OR REQUIREMENTS OF
THE ENCLAVE ACT AS TO OTHER REGULATIONS AFFECTING
USES IN THEIR CONTINUATION; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray
Beach unanimously approved Ordinance 125-88 on November 8, 1988,
pursuant to the requirements of the Delray Beach Enclave Act;
and,
WHEREAS, the motion to approve Ordinance 125-88
included language which was inadvertently omitted from Ordinance
125-88; and,
WHEREAS, this Ordinance amends Ordinance 125-88 to
provide for inclusion of the missing language regarding the
continuance of businesses operating under the Palm Beach County
Code requirements pertaining to the hours of operation for uses
in operation on November 8, 1988,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ordinance 125-88 of the City of Delray
Beach, Florida, passed and adopted on November 8, 1988, be, and
the same is hereby amended to add a new Section 10 to read as
follows and renumbering existing Sections 10-12 accordingly:
Those uses, operating within the boundaries of Parcel
"E", in operation in accordance with Palm Beach County Code
requirements as of November 8, 1988, are permitted to continue
operating under Palm Beach County Code requirements concerning
hours of operation for 20 years from the date of adoption of
Ordinance 125-88. Provided, however, that no expansion of
operating hours shall be permitted unless a like expansion is
permitted by the applicable codes of the City of Delray Beach and
in no event shall the hours of operation be reduced beyond that
permitted by the applicable codes of the City of Delray Beach.
In any event, all non-conformities with respect to such codes
shall cease as of November 9, 2008.
Section 2. That nothing in this action shall affect
any of the terms, conditions, or requirements of the Delray Beach
Enclave Act as to other regulations affecting continuing uses.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. 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 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 21st day of January, 1992.
ATTEST:
~ City C~erk
First Reading January 14, 1992
Second Reading January 21, 1992
Ord. No. 6-92
BATON ~ DF. LRAY
BOCA
Published Daily
Monday through Sunday
Boca Baton, Palm Beach County, Florida
De]ray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally m, 0, mmm0.
appeared Nancy Stol.th, Inside Sales Man-
ager of The News, daily newspapers pub- ~ ~uc ~,m~
· e ~l~i~ ~ ~i~(s)
lished in Boca Baton in Palm Beach County, 7:~ P~, (0r ~ ~ ~1~
Florida; that the attached copy of advertise- ~,~ *~Y, J~ ".
1~ i~ t~ ~ C~m~
merit was published in said newspapers in ~ ,. ,.w. ~, ~,
the issues of: ~ ~'' ~ ~ ~'
~ ~dl~s) m~ ~ ~-
Ci~ Hall ~ N.~. I~ AV~, ~lr~
I
~ to ~ ~ ~di~:
AN ORDINAN~ ~ THE CIWY
MlSSI~ OF THE CITY ~ ~LRAY
BEACH, FLORI~ ~ENDI~ OR-
DINANCE 1~ TO INCLUDE
GUAG~ PR~I~SLY ~I~ED
Affiant further says that The News is a v,o, G0~ ~,~N~ ~,s
0~RATIOH ~ PR0~R~ L~
newspaper published in Boca Baton, in said ..~'~[~'~a*~'c~.~ ~N~ ,~0,~.~-"0~'"
Palm Beach County, Florida, Monday ~u~0~,0~
~EEN ~N~E~ AVENUE AND
THE ~KE ~H DRAI~GE Ol~
through Sunday, and has been entered as ,,,c, c~,~ ~,~
FURTHUR T~T ~THtNG IN THiS
second class matter at tho post office in ACTIO~ ~ALL AFFECT ANY
~.E~ ~as, C~mO~S, O~ ~E-
Boca Baton, Palm Beach County, Florida, ~IREMENTS OF THE ENC~VE
~ ~ TO OT~R RE~TIO~S
for a period of one year next preceding the TINUATIoN;AFFECTING PROVIDING~S IN THEIRA GENER-~
first publication of the attached copy of A~ .~A~R ~use ~,~
lNG ~ S~ql~ C~USE; P~V~
advertisement; and affiant further says that ,NGANEFFECTIVEOATE.
he has neither paid nor promised any ~m~.,~
person, firm or corporation any discount, ~,~ ,ny ~ ~ ~ mis
rebate, commission or refund for the pur- ~'
pose of securing this advertisement for pub- ~''~'~ ,~, ~"~.
lication in said newspapers. ~ ~ ~ ~ ~,,,
~BLI~: Ja~ 11,1~
. · THE NE~
~ R~r~ ~
A~
8worn go and subscribed before me
Public
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ 10'/~- - MEETING OF JANUARY 21, 1992
ORDINANCE NO. 6-92
DATE: January 17, 1992
This is a second reading of an ordinance amending Ordinance No.
125-88 to include language previously omitted from Ordinance No.
125-88, to provide for extended hours of operation for property
located immediately north of the L-32 Canal, and immediately south of
Lake Ida Road, between Congress Avenue and the Lake Worth Drainage
District Canal ~3-1/2.
Ordinance No. 125-88 annexed this parcel into the City. Following
second reading and public hearing of Ordinance No. 125-88,
Commissioner Brainerd made a motion to approve the ordinance with a
20 year amortization period for the hours of operation. Also
included in that motion was the requirement that if the County Code
requirements concerning hours of operation change, the
non-conformity shall cease and come into compliance with the City's
code. The Commission approved the ordinance unanimously.
When adopted, however, the additional motion language was never
inserted into Ordinance No. 125-88. The City Attorney's office has
spoken with the former City Attorney and other parties involved and
found that the language was inadvertently omitted. Because this is a
substantial omission, passage of an amending ordinance is required in
order to insert the omitted language into Ordinance No. 125-88.
Recommend approval of Ordinance No. 6-92 on second and final reading.
Section 1 has been amended as agreed by the Commission and the property
owner on January 14, 1992.
ORDINANCE NO. 6-92'
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 125-88 TO
INCLUDE LANGUAGE PREVIOUSLY OMITTED FROM ORDINANCE
125-88, TO PROVIDE FOR EXTENDED HOURS OF OPERATION
FOR PROPERTY LOCATED IMMEDIATELY NORTH OF THE L-32
CANAL, AND IMMEDIATELY SOUTH OF LAKE IDA ROAD,
BETWEEN CONGRESS AVENUE AND THE LAKE WORTH DRAINAGE
DISTRICT CANAL #3-1/2; PROVIDING FURTHER THAT
NOTHING IN THIS ACTION SHALL AFFECT ANY OF THE
TERMS, CONDITIONS, OR REQUIREMENTS OF THE. ENCLAVE
ACT AS TO OTHER REGULATIONS AFFECTING USES IN THEIR
CONTINUATION; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Com~ission of the City of Delray Beach
unanimously approved Ordinance 125-88 on November 8, 1988 pursuant
to the requirements of the Delray Beach Enclave Act; and,
WHEREAS, the motion to approve Ordinance 125-88 included
language which was inadvertently omitted from Ordinance 125-88; and,
WHEREAS, this Ordinance amends Ordinance 125-88 to provide
for inclusion of the missing language regarding the continuance of
businesses operating under the Palm Beach County Code requirements
pertaining to the hours of operation for uses in operation on
November 8, 1988; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ordinance 125-88 of the City of Delra¥
Beach, Florida, passed and adopted on November 8, 1988, be, and the
same is hereby amended to add a new Section 10 to read as follows
and renumbering existing Sections 10-12 accordingly:
Those uses, operating within the boundaries of Parcel "E", in
operation in accordance with Palm Beach County Code requirements as
of November 8, 1988, are permitted to continue operating under Palm
Beach County Code requirements concerning hours of operation for 20
years from the date of adoption of Ordinance 125-88. Provided,
however, that no expansion of operating hours shall be permitted
unless a like expansion is permitted by the applicable codes of the
City of Delray Beach and in no event shall the hours of operation be
reduced beyond that permitted by the applicable codes of the City of
Delray Beach. In any event, all non-conformities with respect to
such codes shall cease as of November 9, 2008.
Section 2. That nothing in this action shall affect any
of the terms, conditions, or requirements of the Delray Beach
Enclave Act as to other regulations affecting continuing uses.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the __ day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2
ORD. NO. 6-92
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /~ F - MEETING OF JANUARY 14, 1992
ORDINANCE NO. 6-92
DATE: January 10, 1992
This is a first reading of an ordinance amending Ordinance No. 125-88
to include language previously omitted from Ordinance No. 125-88, to
provide for extended hours of operation for property located
immediately north of the L-32 Canal, and immediately south of Lake
Ida Road, between Congress Avenue and the Lake Worth Drainage
District Canal ~3-1/2.
Ordinance No. 125-88 annexed this parcel into the City. Following
second reading and public hearing of Ordinance No. 125-88,
Commissioner Brainerd made a motion to approve the ordinance with a
20 year amortization period for the hours of operation. Also
included in that motion was the requirement that if the County ever
brought its code provisions pertaining to hours of operation into
conformity with the City's code, that the hours of operation must
then comply with the City's code. The Commission approved the
ordinance unanimously.
When adopted, however, Ordinance 125-88 was never modified to contain
the additional language included in the motion. The City Attorney's
Office hms spoken with the former City Attorney and other parties
involved and found that the language was inadvertently omitted.
Because this is a substantial omission, passage of an amending
ordinance is required in order to insert the omitted language into
Ordinance No. 125-88.
Recommend approval of Ordinance No. 6-92 on first reading.
OF I)ELIII1V
CITY ATTORNEY'S OFFICE
M~MORANDUM
Date; January 9, 1992
David T. Harden, City ~,lanager
Fro;a: Davld N. To!ce~, Assistant C
SuoJect: Ordlnanc~ 6-92~ Amendln.~,
:'~,llo,,,Ing the pas~ge of t.~e Doir~ He~. f, 5.. ~-. .
,,-- _ v
"~,,',:r,ct 125-58 w,ttt; *ne 20 yea-' a,::oi,jz~ttoa ~ .;
:?!ty ~ code, that the hours ,3~ operation ~;.~t the':
When adopted, however, Ordinance 125-88 never contained the
language included~in the motion. This office has spoken with
Mr. Thiele and the parties involved and find that the language
should have been~ included, and was inadvertently omitted.
Because th~s is a substantial omission, passage of an amending
ordinance is required in order to insert the omitted language
into Ordinance 125-88. The amending language includes the
conditions, contained in the Co~Isslon's motions on October 1~
1988 and November 8, 1988. Your approval of this ordinance
will remedy an omission, and provide the owners of the property
with the provisions they agreed to in 1988.
If you have any ques:lons regarding this matter, please contact
my office.
cymbals.dnt