87-O-12ORDINANCE NO. 87-0-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AMENDING CHAPTER 14 ARTICLE III, OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY
REESTABLISHING AND DESIGNATING A LOCAL PLANNING AGENCY
IN CONFORMITY WITH FLORIDA STATUTES 163.3174, PROVIDING
FOR AUTHORITY, DUTIES AND RESPONSIBILITIES,
DECLARING THIS ORDINANCE TO BE AN EMERGENCY ORDINANCE
FOR THE PURPOSES OF FLA. STATUTE SECTION 166.041,
DISPENSING WITH THE REQUIREMENT OF TWO SEPARATE
READINGS BY A FOUR -FIFTHS VOTE OF THE CITY
COUNCIL; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. _
WHEREAS, the Local Government Comprehensive Planning
and Land Development Regulation Act of 1975 (LGCPLDRA) has
placed extensive responsibilties on local governments in the
establishment and implementation of Comprehensive Planning
programs to guide and control future development, and
WHEREAS, comprehensive plans pursuant to subsections
163.3177-3178 Florida Statutes must meet new and complex
requirements, and
WHEREAS, the City of Edgewater must comply with an
implementation schedule and deadline required by the new growth
management legislation and the Department of Community Affairs,
and
WHEREAS, an emergency exists in order to meet the previous
requirements and grant applications.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. This Ordinance is hereby declared to be an
emergency ordinance for purposes of Fla. Statutes, Section
166.041 (3) (b) and has been adopted by four -fifths vote of the
City Council of the City of Edgewater, Florida. The nature of
the emergency to be addressed by this Ordinance is that the
LGCPLDRA has placed extensive responsibilities on local
governments in the establishment and implementation of
Comprehensive Planning programs to guide and control future
development and the immediate interfacing with other governmental
entities.
SECTION 2. Sections 14-31 and 14-32 of the Code of
Ordinances of the City of Edgewater, be amended as follows:
A. The City Council of the City of Edgewater pursuant to
Florida Statute 163.3174 hereby designates and establishes a
Local Planning Agency (Agency) as follows:
1. Membership - City Administrator; Superintendent of
Utilities; Superintendent of Public Works; Consulting City
Engineers and Planners -ex officio and City Attorney ex officio.
Staff: Planning Assistants; In-house engineer;
R e c r e a t i o n D i r e c t o r .
2. Duties: The Agency shall prepare the City's new
Comprehensive Plan pursuant to the LGCPLDRA and shall make
recommendations to the City Council regarding the adoption of
such plan or element or portion thereof.
3. The Agency shall have the general responsibilty for the
conduct of the comprehensive planning program. Specifically, the
Agency shall:
(a) Be the agency responsible for the preparation of the
comprehensive plan and shall make recommendations to the
City Council regarding the adoption of such plan or element
orportion thereof. During the preparation of the plan and prior
to any recommendation to the City Council, the Agency shall hold
at least one public hearing, with due public notice, on the
proposed plan or element or portion thereof. The City Council
in cooperation with the Agency may designate any agency,
committee, department, or person to prepare the comprehensive
plan or any element thereof, but final recommendation of the
adoption of such plan to the City Council shall be the
responsibility of the Agency.
(b) Monitor and oversee the effectiveness and status of the
comprehensive plan and recommend to the City Council such changes
in the comprehensive plan as may from time to time be required,
including preparation of the periodic reports required by s.
163.3191.
(c) Review proposed land development regulations, land
development codes, or amendments thereto, and make
recommendations to the City Council as to the consistency of the
proposal with the adopted comprehensive plan, or element or
2 Ord. No. 87-0-12
C' J
portion thereof, when the Agency is serving as the land
development regulation commission or the City Council requires
review by both the Agency and the land development regulations
commission.
(d) Perform any other functions, duties, and
responsibilities assigned to it by the City Council or by general
or special law..
4. The City Council shall appropriate funds for salaries,
fees, and expenses necessary in the conduct of the work of the
Agency and shall also establish a schedule of fees to be charged
by the Agency. To accomplish the purposes and activities
authorized by this act, the Agency, with the approval of the City
Council and in accord with the fiscal practices thereof, may
expend all sums so appropriated and other sums made available for
use from fees, gifts, state or federal grants, state or federal
loans and other sources; however, acceptance of loans must be
approved by the City Council.
5. The Agency shall elect a Chairman; adopt Rules of
Procedure and meet at regular intervals or at such other times as
it deems necessary.
6. All meetings of the Agency shall be public meetings, and
Agency records shall be public records.
SECTION 3. That all ordinances or parts of ordinances and
all resolutions or parts of resolutions in conflict herewith, be
and the same are hereby repealed.
SECTION 4. If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
SECTION 5. This ordinance shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
This Ordinance was introduced by Councilman Asting
The first reading of this Ordinance as well as the second
reading of said Ordinance, was held at a regular meeting of the
City Council, on the 18th day of May, 1987, and was adopted
thereby.
-3- Ord.No.87-0-12
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ROLL CALL VOTE ON ORDINANCE NO. 87-0-12
FIRST ROLL CALL:
Mayor
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City Clerk
Authenticated this 18 day of May ,-1487.
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SECOND ROLL CALL:
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Ord.No. 87-0-12