2009-08ORDINANCE NO. 2009-08
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 6 "EFFECTIVE DATE" FROM
APRIL 1, 2009 TO SEPTEMBER 30, 2009 OF ORDINANCE
NO. 2008-08 ADOPTED ON APRIL 8, 2008, AS AMENDED
BY ORDINANCE NO. 2009-04 ADOPTED ON FEBRUARY
3, 2009, 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 determined that there had been no improvement to the
economic conditions since April, 2008; and
WHEREAS, the City Commission adopted Ordinance No. 2009-04 on February
3, 2009 amending the effective date of Ordinance No. 2008-08 from January 1, 2009 to
April 1, 2009; and
WHEREAS, the City Commission, acting in its capacity as the Local Planning
Agency has reviewed a further proposed change to the effective date of Ordinance No.
2008-08 as amended by Ordinance No. 2009-04 from April 1, 2009 to September 30,
2009 during a required public hearing and has recommended approval of this
Ordinance to the City Commission; and
Ordinance No. 2009-08
Page 2
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.
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, as
amended by Ordinance No. 2009-04, is hereby further 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
~ f;r~~^{ °=009 the thirtieth day of September,
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
text indicates proposed deletions. Underlined text indicates proposed insertions.
Ordinance No. 2009-08
Page 3
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.
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 Joel, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Holzberg and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commission Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Stern, who moved its
adoption on second reading. This motion was seconded by Commissioner Auerbach
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
Ordinance No. 2009- 08
Page 4
PASSED on first reading on this 14th day of April, 2009.
PASSED AND ADOPTED on this 5th day of May, 2009.
~-~
usan Gottlie ,Mayor
A'
T ESA M. S ROIgA, MMC
CI Y CLERK It
APPROVED AS TO LEGAL SU FICIEI~Y:
CITY ATTORNE 1 ,