O97-32ORDINANCE NO. 097-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING PART II, CHAPTER 2, ARTICLE I,
SECTION 2-20(c) OF THE CODE OF
ORDINANCES PROVIDING FOR AMENDMENT OF
THE TIME PERIOD IN WHICH MOTIONS TO
RECONSIDER QUASI-JUDICIAL DECISIONS MUST
BE MADE AND INDICATING WHEN A QUASI-
JUDICIAL DECISION IS FINAL; PROVIDING
FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has been informed by City
staff of an apparent conflict between Resolution R95-50 and
Ordinances 094-2 and 093-20, codified into Section 2-20(c)
of the Code of Ordinances, with respect to reconsideration
of a vote on a quasi-judicial matter; and
WHEREAS, City of Boynton Beach has determined that it
is necessary to codify the language of Resolution R95-50
into Section 2-20 of the Code of Ordinances, thereby
revising said Section of the Code; and
WHEREAS, the City Commission desires revise Section 2-
20(C) of the Code of Ordinances to provide that Motions to
reconsider the vote on quasi-judicial decisions of the City
Commission must be made by the Mayor or a Commissioner by
noon on the third day following the Commission's decision;
and
WHEREAS, it has been determined that quasi-judicial
decisions are not to be considered final until the three day
period has expired without a motion to reconsider being.
made, and a written order approved by the City Attorney and
signed by the City Clerk has been entered; and
WHEREAS, the City Commission of the City of Boynton
Beach deems it to be in the best interests and in the
general welfare of the citizens to clarify legislation
regarding motions to reconsider quasi-judicial decisions of
the Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~94ISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
That Part II, Chapter 2,
Article I,
Section 2-20 is hereby amended by adding the words and
figures in underlined type and by deleting the words and
figures in struck-through type, as follows:
(c) The city commission may reconsider its
decision arising from a quasi-judicial proceeding
only upon a motion to reconsider made at the
meeting at which the decision was rendered or upon
written request of the mayor, the vice-mayor, or
any single commissioner filed with the city clerk
provided such written request is made '-'~,,~ ~'~.~
(5) busincss ~ ..... ~
==~ ~= no later than 12:00 noon on
the third day following the Commission's decision
on the quasi-judicial proceeding. No quasi-
judicial decision shall be considered final until
the expiration of the three (3) day time period
without a motion to reconsider being made and the
entry of a written order approved by the City
Attorney and signed by the City Clerk. In the
event a request for reconsideration is made
pursuant to this subsection the applicant or
affected party shall be notified in writing and
such notice shall be hand delivered, sent by
facsimile, or m ................................ ~
....... ~ overnight delivery service.
Section 2.
Ail ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 3.
Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence or word
be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of
this ordinance.
Section 4.
said ordinance.
Authority is hereby granted to codify
f
Section 5. This ordinance shall become effective
immediately upon passage.
FIRST READING this /~W-day of July, 1997.
SECOND, FINAL READING AND PASSAGE this
//w~z~w- , 1997.
day of
ATTEST:
t Ci&fy Clerk
CITY OF BOYNTON BEACH, FLORIDA
Vic~Mayor
mmis~ioner~ / ~/ ~
~i~n"er ~//'//~-~ J
Commissioner %