Agenda 07/24/2012 Item #16K27/24/2012 Item 16.x.2.
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back an Ordinance
to repeal an unnumbered ordinance codified as Sec. 98 -1 (Expenditures for lighting) in the
Code of Laws and Ordinances of Collier County.
OBJECTIVE: That the Board of County Commissioners (Board) repeals an unnumbered
ordinance codified as Sec. 98 -1 (Expenditures for lighting) in the Code of Laws and Ordinances
of Collier County.
CONSIDERATIONS: As part of the County Attorney's approved Action Plan, the County
Attorney's Office is conducting a complete review of the Collier County Code of Laws and
Ordinances to identify and correct inconsistencies that may have resulted from years of revision
and ensure that the Ordinances are not in conflict with current State or Federal law. This is part
of a series of Executive Summaries that will be coming to the Board.
Prior to the 1968 Florida Constitution Revision, which granted counties home rule power, all
municipal powers were dependent upon a specific delegation of authority by the legislature in a
general law or by special act.
As codified by the Municipal Code Corporation, State legislation in 1963 (Laws of Fla. Ch. 63-
713, Sec. 1) created the following local law in Collier County:
"Sec. 98 -1. - Expenditures for lighting.
Expenditures made during the preceding biennium by the board of county
commissioners for the lighting of public parks and playgrounds are validated.
Such expenditures are declared to have been for a valid county purpose."
The act codified in the above section was repealed as a state act and assumed ordinance
status pursuant to Laws of Fla. Ch. 71 -29.
The County Attorney knows of no purpose to be served by retaining this 49 -year old
piece of legislation as a County ordinance.
FISCAL IMPACT: The cost of advertising the Ordinance is approximately $300.00 and will
be paid from the County Attorney's budget.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County
Attorney's Office and is legally sufficient for Board action. A majority vote is required for
Board approval (JAK)
RECOMMENDATION: That the Board directs the County Attorney to advertise and bring
back an Ordinance repealing in its entirety an unnumbered ordinance codified as Sec. 98 -1
(Expenditures for lighting) in the Code of Laws and Ordinances of Collier County.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
7/24/2012 Item 16 . K.2.
Item Summary: Recommendation to direct the County Attorney to advertise and bring
back an Ordinance to repeal an unnumbered ordinance codified as Sec. 98-1 (Expenditures for
lighting) in the Code of Laws and Ordinances of Collier County.
Meeting Date: 7/24/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
7/5/2012 10:14:21 AM
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 7/5/2012 11:09:47 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/6/2012 8:46:36 AM
Name: OchsLeo
Title: County Manager
Date: 7/10/2012 3:39:22 PM
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7/24/2012 Item 16.K.2.
ORDINANCE NO. 2012 -
AN ORDINANCE REPEALING SEC. 98 -1 OF THE CODE
OF LAWS AND ORDINANCES OF COLLIER COUNTY
(EXPENDITURES FOR LIGHT); PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Ch. 63 -713, Sec. 1, Laws of Florida, created a local law in Collier County
validating certain expenditures authorized by the Board of County Commissioners for the
lighting of public parks and playgrounds; and
WHEREAS, this Act, codified as Sec. 98 -1 in the Code of Laws and Ordinances of
Collier County by the Municipal Code Corporation, provides as follows:
"Sec. 98 -1. - Expenditures for lighting.
Expenditures made during the preceding biennium by the board of county
commissioners for the Iighting of public parks and playgrounds are validated.
Such expenditures are declared to have been for a valid county purpose."
WHEREAS, pursuant to Ch. 71 -29, Laws of Florida, this provision was repealed as a
State of Florida Act and assumed status as a local ordinance; and
WHEREAS, the Board of County Commissioners desires to repeal this ordinance in its
entirety as serving no present public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Repeal of Sec. 98 -1, Collier County Code of Laws and Ordinances.
Sec. 98 -1 of the Code of Laws and Ordinances of Collier County (Expenditures for
lighting) 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
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en
7/24/2012 Item 16.K.2.
re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
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 , 2412.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
By:
FRED W. COYLE, CHAIRMAN
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7/24/2012 Item 16.K.2.
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csAZ'TM 6$-714 LAWS OF FLORIDA
CHAPTER 63 -713
r
HOUSE BILL NO. 1757
"
AN ACT relating to certain expenditures by county commoners
during the past biennium in
any county in the state having a
Population of not less than fifteen thousand seven hundred
(15,700)
and not more than sixteen thousand four hundred
(16,400), according to the latest official decennial census; vali.
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d
dating expenditures for lighting certain public parks and play-
grounds; declaring same a count u
date Y p rpase; providing effective
Be It Enacted by the Legislature of the State of Florida:
}
Section 1. Expenditures made during the preceding biennium
by the board of county commissioners in any county in the state
having a population of not less than fifteen thousand
seven hun-
dred (15,700) and not more than sixteen thousand four
(16,400), according to the latest official decennial census, for the
purpose of lighting public parks and playgrounds, are validated.
Such
h'
expenditures are declared to have been for a valid county
s :
purpose.
Section 2. This act shall take effect immediately upon becoming
g
law.
Became a law without the Governor's approval.
dO
Filed in Office Secretary of State June 3, 1963.
CHAPTER 63 -714
HOUSE BILL NO. 1812
41 `.
AN ACT relating to a resurvey and reappraisement of all taxable
;'
4
property in any county in the state having a population of not
less than seventeen thousand (17,000) and not more than nine_`
teen thousand (19,000) according to the latest official decennial
census, for taxation purposes; providing for the financing of such
reappraisement; providing effective date.
Be It Enacted by the Legislature of the State of Florida:
x,
'
Section 1. The board of county commissioners of any county
having a population of not less than
a
seventeen thousand (17,000)
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