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Agenda 01/13/2015 Item #17F 1/13/2015 17.F. EXECUTIVE SUMMARY Recommendation to adopt an ordinance repealing Ordinance No. 87-65, in its entirety, as codified in Section 2-396 of the Code of Laws and Ordinances (Investment,Reimbursement of Surplus Public Funds). OBJECTIVE: To repeal Ordinance No. 87-65, in its entirety. CONSIDERATIONS: On August 25, 1987, and pursuant to then effective Section 125.31, Florida Statutes, the Board of County Commissioners (Board) adopted Ordinance No. 87-65, authorizing the investment and reinvestment of surplus public funds by the Clerk to the Board on behalf of and in the name of the Board of County Commissioners. Additionally, Ordinance No. 87-65 established a policy for the cash management and investment alternatives applicable to said surplus funds. As outlined in the Legal Considerations below, the Florida Legislature's subsequent actions, including the repeal of Section 125.31, made Ordinance No. 87-65 unnecessary and arguably in conflict with current statutes. At its December 9, 2014 regular meeting, the Board adopted a revised Investment Policy (Resolution No. 2014-260) and directed the County Attorney to advertise an ordinance repealing Ordinance No. 87-65 in its entirety. FISCAL IMPACT: The cost to advertise the proposed Ordinance was$192.60. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance 87-65 on its face was adopted pursuant to Florida Statutes Sec. 125.31. That statute concerned the investment of surplus public funds. In 1995 the Florida Legislature adopted Florida Statutes Sec. 218.415, which required a local government investment policy. In 2000 the Legislature substantially amended Florida Statutes Sec. 218.415, making it far more comprehensive than Florida Statutes Sec. 125.31, while simultaneously repealing Florida Statutes Sec. 125.31. With the repeal of the statute underlying Ordinance 87-65, and the expansiveness of Florida Statutes Sec. 218.415, Ordinance 87-65 became unnecessary and arguably both preempted by and in part in conflict with the revised statute. The County's revised investment policy designates the Clerk as the day-to-day administrator of the County's Investment Policy, which was the underlying purpose of Ordinance 87-65. Accordingly, with the new Investment Policy in place, it is recommended that Ordinance 87-65 be repealed. With that noted, this item is approved as to form and legality, and requires majority support for approval. -JAK RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance repealing Ordinance No. 87-65, in its entirety, as codified in Section 2-396 of the Code of Laws and Ordinances(Investment,Reimbursement of Surplus Public Funds). PREPARED BY: Jeffrey A. Klatzkow,County Attorney Packet Page-2505- 1/13/2015 17.F. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.F. Item Summary: Recommendation to adopt an ordinance repealing Ordinance No. 87-65, in its entirety, as codified in Section 2-396 of the Code of Laws and Ordinances (Investment, Reimbursement of Surplus Public Funds). Meeting Date: 1/13/2015 Prepared By Name:NeetVirginia Title:Legal Assistant/Paralegal, CAO Office Administration 12/22/2014 12:44:20 PM Submitted by Title: County Attorney, Name: KlatzkowJeff 12/22/2014 12:44:21 PM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 12/31/2014 11:19:46 AM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 12/31/2014 12:55:40 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/31/2014 2:20:52 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/6/2015 9:29:39 AM Packet Page -2506- 1/13/2015 17.F. ORDINANCE NO. 2015 - AN ORDINANCE REPEALING ORDINANCE NO. 87-65, AS CODIFIED IN SECTION 2-396 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY (INVESTMENT, REIMBURSEMENT OF SURPLUS PUBLIC FUNDS); PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 25, 1987, and pursuant to then effective Section 125.31, Florida Statutes, the Board of County Commissioners (Board) adopted Ordinance No. 87-65, authorizing the investment and reinvestment of surplus public funds by the Clerk to the Board on behalf of, and in the name of, the Board of County Commissioners; and WHEREAS, Ordinance No. 87-65 also established a policy for the cash management and investment alternatives applicable to said surplus funds; and WHEREAS, through subsequent action by the Florida Legislature, including the repeal of Section 125.31, Ordinance No. 87-65 became unnecessary and arguably in conflict with current statutes; and WHEREAS, on December 9, 2014, the Board adopted a revised Investment Policy (Resolution No. 2014-260) and directed that Ordinance No. 87-65 be repealed in its entirety. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that: SECTION ONE: Repeal of Ordinance No. 87-65, as codified in Sec. 2-396, Collier County Code of Laws and Ordinances. Ordinance No. 87-65, as codified in Sec. 2-396 of the Code of Laws and Ordinances of Collier County (Investment, Reimbursement of Surplus Public Funds) is hereby repealed in its entirety. SECTION TWO: 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 Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. 1 of 2 Packet Page-2507- 1/13/2015 17.F. SECTION THREE: 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 FOUR: Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida, this day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , CHAIRMAN Approv 41 as • 'arm and legality: Ili Jeffrey ' 4 117 o , County A o ey , II 1 2of2 Packet Page-2508- j I 1/13/2015 17.F. NAPLES DAILY NEWS K Wednesday, December 31, 2014 a 25D • NOTICE OF MEETING NOTICE OF MEETING NOTICE OF INTENT CONSIDER ORDINANCES Notice is hereby given'that on Tuesday, January 13, 2015, in the"Board of County Commissioners Meeting Room, Third Floor, Collier•Government Center, 3299.East Tamiami Trail, Naples FL, the Board of County Commissioners (BCC) will consider the enactment of two County Ordinances.The meeting will commence at 9:00.A.M. The title of the.proposed Ordinances are as follows:'..{.; AN ORDINANCE CREATING THE COWER COUNTY ANTI-HARASSMENT ORDINANE, MAKING IT A MISDEMEANOR TO HARASS A BICYCUST,PEDESTRIAN,RUNNER,OR PERSON IN A WHEELCHAIR USING-THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES;PROVIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE REPEALING ORDINANCE NO.87-65,AS CODIFIED IN SECTION 2-396 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY (INVESTMENT, REIMBURSEMENT OF SURPLUS PUBLIC FUNDS);PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;PROVIDING FOR CONFLICT AND SEVERABIUTY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file with the Clerk to the Board'and are available for inspection. All interested parties are invited to attend and be heard. t.") NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak:on behalf of an organization or:group is encouraged.,. •If recognized by the Chairman,=a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of.3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the ' Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,—may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with*a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you to the provision of certain assistance.' Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail.East, Suite#101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the •'hearing impaired are available in the Board of-County Commissioners Office.= . BOARD OF COUNTY COMMISSIONERS ' COLLIER COUNTY,FLORIDA TOM HENNING,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon • Deputy Clerk(SEAL) December 31_2014 • Nn 7043247 , . 6 ' Packet Page -2509- .