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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. Page 1 of 3 (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. Page 2 of 3 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 fi r-, j b ^ ✓ ....N..-- 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 lid awerii'-" 4 Words Underlined are added;Words Eck Through are deleted. Page 3 of 3 THE S 14 40* Goo tco- 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