HomeMy WebLinkAboutO-1974-040 M-142
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ORDINANCE NO. 40
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f AN ORDINANCE REPEALING AND RESCINDING EARLIER
ORDINANCE NO. 14 OF CITY OF DANIA, FLORIDA,
j ADOPTED ON THIRD AND FINAL READING ON AUGUST
21, 1972, WHICH PROVIDED THAT EVERY APPLICANT
FOR A BUILDING PERMIT SHOULD PAY, AT THE TIME
OF THE ISSUANCE OF THE BUILDING PERMIT, AN
AMOUNT EQUAL TO 1% OF THE ESTIMATED COST OF
I CONSTRUCTION AND WHICH FURTHER PROVIDED THAT
SUCH AMOUNT BE USED FOR OPEN SPACE ACQUISITION
PURPOSES; AND REPEALING ALL ORDINANCES OR
RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Commission of City of Dania, Florida, adopted
ordinance no. 14 on third and final reading on August 21, 1972; and
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1 WHEREAS, the title of said ordinance was as follows, to wit,
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"AN ORDINANCE PROVIDING THAT EVERY APPLICANT
FOR A BUILDING PERMIT SHALL PAY, AT THE TIME
" OF THE ISSUANCE OF THE BUILDING PERMIT, AN
AMOUNT EQUAL TO 1% OF THE ESTIMATED COST OF
j CONSTRUCTION; AND PROVIDING THAT SUCH AMOUNT
SHALL BE CREDITED TO A SPECIAL ACCOUNT TO BE
CREATED IN THE GENERAL FUND ACCOUNTING SYSTEM
OF THE CITY TO BE KNOWN AS "OPEN SPACE ACQUISI-
TION ACCOUNT" AND PROVIDING GENERALLY THAT
FUNDS EXPENDED FROM SUCH ACCOUNT BE USED SOLELY
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FOR THE PURPOSE OF ACQUISITION BY CITY OF DANIA
OF THE FEE SIMPLE TITLE TO LANDS WITHIN THE
CITY OF DANIA TO BE USED FOR PARK AND RECREA-
TIONAL PURPOSES; AND PROVIDING THAT ALL ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING THAT THIS ORDINANCE
SHALL BECOME EFFECTIVE AS OF AUGUST 7 , 1972, IF j
j THE ORDINANCE IS PASSED ON THIRD AND FINAL READ- j.
ING NOT LATER THAN AUGUST 21, 1972";
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and
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WHEREAS, the City Commission of City of Dania has since been
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furnished with a copy of the final decree entered on July 16, 1973,
1 in the certain cause entitled "Venditti-Siravo, Inc. , et al. , vs.
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City of Hollywood, et al. ", no. 73 767 J Nance, in the Circuit Court
of the Seventeenth Judicial Circuit of the State of Florida, which
said cause pertained to an ordinance of City of Hollywood substantially
similar to ordinance no. 14 of City of Dania; and
WHEREAS, the said cause found the City of Hollywood ordinance
to be unlawful for the reasons set forth in said final decree; and
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WHEREAS, the city attorney has recommended to the City Com-
mission that ordinance no. 14 should be repealed and rescinded be-
cause of the similarity of the ordinance of City of Dania to the
ordinance Of City of Hollywood; and
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WHEREAS, the City Commission desires to accept the recommenda-
tion of the city attorney in the matter,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That ordinance no. 14 Of City of Dania, adopted on
third and final reading on August 21, 1972 , and having the following
title, to wit,
"AN ORDINANCE PROVIDING THAT EVERY APPLICANT
FOR A BUILDING PERMIT SHALL PAY, AT THE TIME
OF THE ISSUANCE OF THE BUILDING PERMIT, AN
j AMOUNT EQUAL TO 1% OF THE ESTIMATED COST OF
CONSTRUCTION; AND PROVIDING THAT SUCH AMOUNT
SHALL BE CREDITED TO A SPECIAL ACCOUNT TO BE
CREATED IN THE GENERAL FUND ACCOUNTING SYSTEM
OF THE CITY TO BE KNOWN AS "OPEN SPACE ACQUISI-
TION ACCOUNT" AND PROVIDING GENERALLY THAT
FUNDS EXPENDED FROM SUCH ACCOUNT BE USED SOLELY
FOR THE PURPOSE OF ACQUISITION BY CITY OF DANIA
OF THE FEE SIMPLE TITLE TO LANDS WITHIN THE
f CITY OF DANIA TO BE USED FOR PARK AND RECREA-
TIONAL PURPOSES; AND PROVIDING THAT ALL ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH ARE HEREBY REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING THAT THIS ORDINANCE
SHALL BECOME EFFECTIVE AS OF AUGUST 7 , 1972, IF
THE ORDINANCE IS PASSED ON THIRD AND FINAL READ-
ING NOT LATER THAN AUGUST 21, 1972" ,
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be and the same is hereby repealed and rescinded in its entirety.
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Section 2. That the city clerk-auditor be and she is hereby
directed to make an accounting of the funds collected under the pro-
visions of said ordinance no. 14 . Thereafter, she is directed to
make a refund of said funds to the persons paying same to City of
Dania, all under whatever reasonable accounting procedures are proper
in the circumstances .
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Section 3. That all ordinances or parts of ordinances in con-
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{ flict herewith be and the same are hereby repealed to the extent of II
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isuch conflict.
Section 4. That this ordinance shall be in force and take
effect immediately upon its passage and adoption.
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PASSED and ADOPTED on First Reading on the 7 day of
JANUARY 1974 .
f PASSED and ADOPTED on Second Reading on the 15 day of
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July 1974 .
Mayor-Commissioner
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Attest:
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7 City Clerk AGditor
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