Ordinance 2015-53 ORDINANCE NO.2015- 5 3
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF
ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD
OF COUNTY COMMISSIONERS," SPECIFICALLY PARAGRAPH 6,
"RECONSIDERATION OF MATTERS GENERALLY," AS IT RELATES
TO RECONSIDERATION OF CONTRACTS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted
Ordinance No. 75-16 which established the time,place and conduct of its meetings; and
WHEREAS, subsequent amendments to Ordinance No. 75-16 reflect the evolving
practices and procedures relating to the meetings of the Board of County Commissioners; and
WHEREAS, the Board desires to further amend Ordinance No. 75-16 as it relates to the
Board's reconsideration of contracts.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION ONE, PARAGRAPH 6, OF
ORDINANCE NO. 75-16,AS AMENDED.
Section One,Paragraph 6, is hereby amended as follows:
6. Reconsideration of matters generally.
(a) Except for contracts, Aany matter which has been voted upon by the Board of
County Commissioners may be reconsidered as follows:
(1) By a motion to reconsider made by a member who voted with the majority if such
motion is made prior to the adjournment of the meeting at which the matter was voted upon. If
there were no public speakers on the item, or if all of the public speakers for the item are still
present in the boardroom following a successful motion to reconsider, the Board may elect to
rehear the matter during that meeting, or direct the County Manager to place the item on the
agenda for a future meeting as set forth in subsection (2). If there were public speakers for the
item, and not all of the public speakers are still present in the boardroom following a successful
motion to reconsider,the County Manager will place the item on the agenda for a future meeting
as set forth in subsection(2).
Words Underlined are added;Words Stmeli-Threugh are deleted.
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(2) By a motion to reconsider made by a member who voted with the majority if such
motion is made at a regular meeting following the meeting at which the matter was voted upon,
but only in accordance with the following:
(i) Where a member who voted with the majority wishes the Board to reconsider a
matter after the adjournment of the meeting at which it was voted on, the member shall
deliver to the County Manager a written memorandum stating that the member intends to
introduce a motion to reconsider. The memorandum shall state the date of the regular
meeting at which the member intends to introduce such motion, and shall be delivered to
the County Manager at least six days prior to such meeting. The purpose of this
requirement is to allow the staff to advise the Board of the legal or other ramifications of
reconsideration.
(ii) No motion to reconsider shall be made any later than the second regular Board
meeting following the Board's vote on the matter sought to be reconsidered.
(iii) Upon adoption of a motion to reconsider,the County Manager shall place the item
on an agenda not later than the second regular Commission meeting following the
meeting at which the motion for reconsideration was adopted.
(iv) All parties who participated by speaking, submitting registration forms or written
materials at the first hearing, shall be notified by the County Manager of the date of
reconsideration.
(v) Contracts may only be reconsidered by motion made prior to the adjournment of
the meeting at which the matter was voted upon. For purposes of this subsection, a contract is
defined as an agreement which is legally binding and enforceable in a court of law.
(b) This section shall apply to any matters which may lawfully be reconsidered
except those matters which are covered by Paragraph 7 below.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
Words Underlined are added;Words Stmek-Thfough are deleted.
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SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this 1341-day ofcxkabcr-- , 2015.
ATTEST;-<;;;;n'' BOARD OF COUNTY COMMISSIONERS
DWIG i •BROK4-cLERK COLLIER COUNTY,FLORIDA
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By: ''f . . ��. By: t0,�l cam.
r =putt'P� M NANCE, CHAIRMAN
Attest-s 4o Chaninai'
signatur oni ,,' '6
Approve, as o o A •. legality:
ipi
Jeffrey AIT: , ow
County A' o0
This ordinance filed with the
Secretary of t te's Office`5e
day of lfp�
,
aid acchlrowledgement of that
*a 4d this 4.1dt day
A ��'�.��i..,ge
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Words Underlined are added;Words Eck Through are deleted.
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THE S
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
October 16, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha S. Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2015-53,which was filed in this office on October 16,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us