46-90 EMERGENCY ORDINANCE NO. 46-90
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII,
"LAND USAGE", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 174,
"HISTORIC PRESERVATION", "HISTORIC PRESERVATION
BOARD", BY REPEALING SECTIONS 174.40, "CREATION;
COMPOSITION", 174.41, "TERMS OF OFFICE", AND 174.42,
"ORGANIZATION"; BY ENACTING A NEW SECTION 174.40,
"INTERIM HISTORIC PRESERVATION BOARD", PROVIDING FOR
THE CREATION OF AN INTERIM HISTORIC PRESERVATION
BOARD HAVING ALL THE POWERS AND DUTIES OF THE
HISTORIC PRESERVATION BOARD, PROVIDING FOR THE
APPOINTMENT AND TE~S OF MEMBERS OF THE INTERIM
HISTORIC PRESERVATION BOARD; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVID-
ING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach is in the process of revis-
ing its Land Development Regulations; and,
WHEREAS, it is anticipated that new Land Development Regula-
tions establishing a new Historic Preservation Board with revised duties
and functions will become effective on or about October 1, 1990; and,
WHEREAS, there presently exists a City Historic Preservation
Board on which there are large number of vacancies; and,
WHEREAS, it is necessary for the orderly transaction of
business and processing of land development applications that a Historic
Preservation Board function under the City's Code of Ordinances; and,
WHEREAS, it is the desire of the City Commission to maintain
continuity of the Historic Preservation Board membership during the
transition period between the existing and the new land development
regulations; and,
WHEREAS, it is the intent of this ordinance to deconstitute
the existing Historic Preservation Board and create an Interim Historic
Preservation Board to operate in its stead; and,
WHEREAS, it is necessary to efficiently serve the public the
Interi. m Historic Preservation Board be duly constituted and function in
the month of September; and,
WHEREAS, the City Commission believes this to be an emergency
situation requiring the enactment of this emergency ordinance pursuant
to the procedures set forth in Section 166.0413(b), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 174,
"Historic Preservation", "Historic Preservation Board", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is,
hereby amended by repealing Sections 174.40, "Creation; Composition",
174.41, "Terms of Office"; and 174.42, "Organization".
Section 2. That Title XVII, "Land Usage", Chapter 174,
"Historic Preservation", "Historic Preservation Board", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is,
hereby amended by enacting a new Section 174.40, "Interim Historic
Preservation Board", to read as follows:
Section 174.40. Interim Historic Preservation Board.
(A) Pursuant to the authority of the City Charter and Florida
Statutes Sec. 163.3174 an Interim Historic Preservation Board is hereby
created. Wherever this Code of Ordinances refers to Historic Preserva-
tion Board it shall be deemed to refer to the Interim Historic Preserva-
tion Board.
(1) The members of the Interim Historic Preservation Board shall
be appointed by the Commission and serve at the pleasure of the Commis-
sion. The term of the members shall expire upon the adoption of
Ordinance 25-90 or any ordinance of similar import.
(2) The Interim Historic Preservation Board shall elect its
Chairman from among its members and shall create and fill such other of
its offices as it may determine to be necessary.
(3) The Interim Historic Preservation Board shall meet at the call
of the Chairman at least once a month which meeting shall be open to the
public and shall keep a public record of its resolutions, findings and
determinations. The Board may adopt such rules and regulations deemed
necessary for the transaction of business.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith 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. Pursuant to Section 166.0413(b), Florida Statutes,
if approved by a two-thirds majority of the City Commission, this
ordinance shall take effect upon first and final reading.
PASSED AND ADOPTED in regular session on first and final
reading on this the 17th day of Septe~lber , 1990.
ATTEST:
C
~ity Cler~ j- '
First Reading September 17, 1990
2 ORD. NO. 46-90