Ordinance 2012-35 IHOTF
SEP 2 5 2012 ORDINANCE NO. 2012 - 35 _
By AN ORDINANCE REPEALING SEC. 2-26 OF THE CO E
OF LAWS AND ORDINANCES OF COLLIER COUNTY
(FRANCHISES GENERALLY); PROVIDING FOR c3
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND rr'i
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE cwr'r —
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DATE. °fig
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WHEREAS, Ch. 61-557, Sec. 1, Laws of Florida, created a local law in Col County
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dealing with the granting of exclusive and nonexclusive franchises; and .>>
WHEREAS, this Act, codified as Sec. 2-26 in the Code of Laws and Ordinances of
Collier County by the Municipal Code Corporation, provides as follows:
"Sec. 2-26. - Franchises generally.
In addition to all other powers granted by law, the County acting through
its Board of County Commissioners may exercise its power of government for
County purposes by granting exclusive or nonexclusive franchises to persons and
municipal and quasimunicipal bodies for the performance of any proprietary
function, authority or power, or part thereof; and limit, condition, regulate and
otherwise control the use and performance of such franchise. No such franchise
shall extend into nor conflict with any incorporated municipality within such
County. The Board of County Commissioners may not regulate or control the use
of such franchise granted to any utility subject to the jurisdiction of the public
Service Commission, or cooperatives organized and existing under the rural
electrification cooperative law of this State;" and
WHEREAS, pursuant to Ch. 71-29, Laws of Florida, this provision was repealed as a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. 2-26, Collier County Code of Laws and Ordinances.
Sec. 2-26 of the Code of Laws and Ordinances of Collier County (Franchises generally)
is hereby repealed in its entirety.
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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.
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 t 1+4,day of�� 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E'BROCK, CLERK COLLIER COUNTY, FLORIDA
71-4"
• OA,.. y lerk FRED W. COYLE, CHAI AN
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Approved as to form
and legil sufficiency:
Jeffrey A. Klatz$ow This ordinance filed with the
Count Attorne y Rt*c7o); o - - of fi' the�2
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and acknowle.ge =r . at
f. in. r•eive• •' #1 •ay
By 11242311/
2 of 2
STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2012-35
which was adopted by the Board of County Commissioners
on the 11th day of September, 2012 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of September, 2012 .
DWIGHT E. BROCK -
Clerk of Courts' a 4 Clerk" ..
Ex-officio to Bo4d Hof'
County Commis$.aon rs
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Ann Je
By: ej .hn,
e e� hn,
Deputy Clerk