2009-04ORDINANCE NO. 2009-04
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 6 "EFFECTIVE DATE" FROM
JANUARY 1, 2009 TO APRIL 1, 2009 OF ORDINANCE NO.
2008-08 ADOPTED ON APRIL 8, 2008, WHICH
ORDINANCE ESTABLISHED A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT IN THE CITY OF AVENTURA;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 2008-08 establishing a transportation mitigation impact
fee and schedule for mitigation of transportation impacts by new development in the City
of Aventura was adopted by the City Commission on April 8, 2008 following duly noticed
public hearings; and
WHEREAS, the City Commission directed City staff during the public hearings to
monitor the economic climate prior to the effective date of Ordinance No. 2008-08 and
to recommend adjustment to said effective date based on economic conditions as of
the proposed effective date; and
WHEREAS, staff has determined that there has been no improvement to the
economic conditions since April, 2008; and
WHEREAS, the City Commission, acting in its capacity as the Local Planning
Agency has reviewed the proposed change to the effective date of Ordinance No.
2008-08 from January 1, 2009 to April 1, 2009 during a required public hearing and has
recommended approval of this Ordinance to the City Commission; and
WHEREAS, the City Commission has held duly noticed public hearings on this
Ordinance as recommended by the City Commission, acting in its capacity as the Local
Planning Agency; and
WHEREAS, the City Commission has reviewed this Ordinance and has
determined that the Ordinance is consistent with the Comprehensive Plan.
Ordinance No. 2009-04
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the above recitals are true and correct and are
incorporated herein by this reference.
Section 2. That Section 6, "Effective Date" of Ordinance No. 2008-08 is
hereby amended as follows:
"Section 6. Effective Date. That following adoption on second reading, the
provisions of Section 5 of this Ordinance shall be effective immediately, and the
remaining provisions of this Ordinance shall be effective from and after
the first day of April, 2009."'
Section 3. All other provisions of Ordinance No. 2008-08 adopted by the City
Commission on April 8, 2008 shall remain the same and in full force and effect.
Section 4. Inclusion in the Code. That it is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the City of Aventura Code of Ordinances; that the sections of this Ordinance may
be renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word as needed.
Section 5. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
~ndicates proposed deletions. Underlined text indicates proposed insertions.
Ordinance No. 2009-04
Page 3
Section 6. Effective Date. That following adoption on second reading, the
provisions of this Ordinance shall be effective immediately.
The foregoing Ordinance was offered by Commissioner Auerbach, who moved
its adoption on first reading. This motion was seconded by Commissioner Weinberg,
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Michael Stern yes
Commissioner Teri Holzberg yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Weinberg, who moved
its adoption on second reading. This motion was seconded by Commissioner
Diamond, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Michael Stern yes
Commissioner Teri Holzberg yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
PASSED on first reading on this 13th day of January, 2009.
Ordinance No. 2009-0~
Page 4
PASSED AND ADOPTED on second and final reading this 3~d day of February, 2009.
~~~ ~~
usan Gottlieb, Mayor
ATT,
:SA M. SOR~rF(A~, MM
CLERK ~
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORN