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O94-02ORDINANCE NO. O94-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 093-20, SECTION 2, 3 AND 5, PROVIDING FOR RECONSIDERATION OR RECISION OF DECISIONS OF THE CITY COMMISSION OR THE CITY BOARDS WHICH ARE QUASI-JUDICIAL IN NATURE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida by Ordinance No. 093-20, dated August 3, 1993, established procedures for reconsideration or recision of decisions of the City Commission or the City Boards which are quasi-judicial in nature; and WHEREAS, developing case law in the State of Florida has eliminated the necessity of specifying Findings of Fact; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Ordinance No. 093-20, Section 2. is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through, as follows: Section 2. ~o A decision arising from a quasi-judicial proceeding before the City Commission or any other board of the City shall be final until at such time as a -~:rittcn and announced at the public hearing when the proceeding is held. Section 2. Ordinance No. 093-20, Section 3 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: Section 3. 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 hcrcof, provided such written request is made within five (5) business days of the quasi- judicial proceeding. In the event a request for reconsideration is made pursuant to this sub-section the applicant or effected party shall be notified in writing and such notice shall be hand delivered, sent by facsimile, or mailed certified mail return receipt requested. Section 3. Ordinance No. 093-20, Section 5 is hereby amended by deleting Section 5 in its entirety. Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. 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 6. ordinance. Authority is hereby granted to codify said Section 7. This ordinance shall become immediately upon passage. FIRST READING this /~ day of January, 1994. effective SECOND, FINAL READING and PASSAGE this / day of February,1994. ATTEST: i Cit~Clerk .... ~_ (Corporate Seal) AmdQuasi.Bds 1/11/94