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in conflict herewith be and the same are hereby repealed.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