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Home My WebLink AboutOrdinance No. 14-1976MICROFILMED 3 -14-80 6RDINANCE NO. 14 -76 AN ORDINANCE DESIGNATING AND ESTABLISHING THE LOCAL PLANNING AGENCY PURSUANT TO SECTION 163.3174, FLORIDA STATUTES; SETTING OUT THE DUTIES OF LOCAL PLANNING AGENCY, •PROVIDING FOR DESIGNATION OF AGENCY, DEPART- MENT, COMMITTEE OR PERSON TO PREPARE COM- PREHENSIVE PLAN; PROVIDING ORGANIZATION, RULES AND PROCEDURES OF LOCAL PLANNING AGENCY; PROVIDING MEETINGS AND RECORDS SHALL BE PUBLIC; PROVIDING FUNDING; PROVIDING SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND RESOLU- TIQNS; AND PROVIDING FOR AN EFFECTIVE DATE. • WHEREAS, the Legislature of Florida did enact /Fig Sections 163.3161 through 163.3211 of the Florida Statutes, known as the Local Government Comprehensive Planning Act of 1975; and WHEREAS, Section 163.3167 (2)', Florida Statutes requires that each county and each municipality within this State shall prepare and adopt a comprehensive plan of the type set out in such Act on or before July 1, 1979; and WHEREAS, Section 163.3167 (8), Florida Statutes, requires that each unit of local government shall officially inform the state land planning agency and the appropriate regional planning agency of its designation of a local planning agency pursuant to :Section 163.3174, Florida Statutes. ,_ on or before July 1, 1976; and WHEREAS, Section 163.3174 (1), Florida Statutes, states that* the local planning agency may be a local planning commission, the planning department of the local governenint, or other instrumentality; and WHEREAS, Section 163.3174, parts (2), (3), (4) and (5), Florida Statutes, sets out those provisions which should • be included in the ordinance designating the local planning agency, sets out the powers which such local planning agency may be granted and sets out the duties which such local planning agency shall have; and WHEREAS, the City Council of the City of Cape Canaveral, Florida is desirous of complying with the require- ments of the Local Government Comprehensive Planning Act of 1975. MICROFILMED 3 -14 -g0 NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, that: Section 1. A new Ordinance of the Code of the City of Cape Canaveral, Florida, to be designated as Chapter 261 of said Code, is hereby adopted to read as follows: CHAPTER 261 LOCAL PLANNING AGENCY Section 261.01 Designation and Establishment of Local Planning Agency. Pursuant to, and in accordance with the provisions of Section 163.3174, Florida Statutes, the Local Government Comprehensive Planning Act of 1975, the Planning and Zoning Board of the City of Cape Canaveral, Florida is hereby designated and established as the local planning agency for the City of Cape Canaveral, Florida. Hereinafter, the Planning and Zoning Board of the City of Cape Canaveral, Florida shall be referred to as the local planning agency. SECTION 261.02 Duties and Responsibilities of Local Planning Agency. The local planning agency, in accordance with the provisions of Section 163.3161 through 163.3211, Florida Statutes, shall: (a) Assume the general responsibility for the conduct of the comprehensive planning pro- gram and the preparation of the comprehen- sive plan for Cape Canaveral; (b) Coordinate the comprehensive plan of Cape Canaveral or elements or portions thereof with the comprehensive plans of other local governments and the State of Florida; (c) Recommend the comprehensive plan of Cape Canaveral or elements or portions thereof to the City Council of the City of Cape Canaveral, Florida, for adoption; and (d) Monitor and oversee the effectiveness and status of the comprehensive plan of Cape Canaveral and recommend to the City Council of the City of Cape Canaveral, Florida such changes in the comprehensive plan as may from time to time be required. Section 261.03 Designation of Agency, Depart- ment, Committee or Person to Prepare Comprehensive Plan. The City Council of the City of Cape Canaveral, Florida in cooperation with the local planning agency, may desi- nate any agency, department committee or person to ORDINANCE NO. 14 -76 PAC-1R 2 OF 4 MICROFILMED 344-80 prepare the comprehensive plan for the City of Cape Canaveral, Florida, or any element thereof under the supervision and direction of the local planning agency. Section 261.04 Organization; Rules and Pro- cedures of the Agency. The initial and subsequent mem- bers of the local planning agency shall be appointed, shall select their officers and shall follow such rules of procedure as established in Ordinance NO. 53-73, of the City of Cape Canaveral, Florida, and in the Ordinance adopted by the City Council of Cape Canaveral, Florida on January 3, 1974 establishing the policies and rules of procedure for the Planning and Zoning Board, or as established in subsequent resolution or ordinance adopted from time to time by the City Council of Cape Canaveral, Florida. Section 261.05 Public Meetings and Records. All meetings of the local planning agency shall be open to the public and all records of such agency shall be public records. SEction 261.06 Funding.The City of Cape Canaveral shall appropriate funds at its discretion for salaries of staff, fees and expenses necessary in the conduct of the work of the local planning agency and also establish a schedule of fees to be charged by the agency. Section 261.07 Severability The provisions of this ordinance shall be deemed to be separate and independent of all other provisions herein and if any provisions of this ordinance are declared invalid or void for any reason, the invalidity thereof shall not affect the validity of the remaining portion hereof. Section 261.08 Any ordinance or resolution previously adopted by the City of Cape Canaveral which ORDINANCE NO. 14.76 PAGE 3 OF 4 r v p MICROFILMED 3 -14-80 . conflicts with the provisions hereof shall be deemed repealed to the extent of such conflict. Section 2. Effective Date. This ordinance shall become effective upon passage as provided by law. DONE, ORDERED AND ADOPTED in Regular Session this 6th day of July, 1976. C y Attorney Mayor Yes No Mayor Nicholas X F. Hoog X J. Murphy X G. Salvaggio A. Thurm X FIRST READING: 6 -1 -76 POSTED: 6 -2 -76 ADVERTISED: 6 -7 -76 SECOND READING: 7 -6 -76 ORDINANCE NO. 14 -76 PAGE 4 OF 4