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Agenda 05/22/2012 Item #16K 15/22/2012 Item 16.K.1. EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise and bring back an Ordinance to repeal an unnumbered ordinance codified as Sec. 2 -1 (Purchases from state division of corrections) 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. 2 -1 (Purchases from state division of corrections) 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 1965 (Laws of Fla. Ch. 65- 845, Sec. 1) created the following local law in Collier County: Sec. 2 -1. - Purchases from state division of corrections. The sheriff, the board of county commissioners, or any school or public institution or agency financed by county or municipal funds, is authorized to purchase and the state division of corrections is authorized to sell any item, including brick, produced, processed or manufactured by the division not required for use therein or for use in any institution under the supervision of the board of commissioners of state institutions. The Act codified in the above section was repealed as a State Act and assumed ordinance status pursuant to Laws of Fla.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 47 -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) I Packet Page -1910- 5/22/2012 Item 16.K.1. 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. 2 -1 (Purchases from state division of corrections) in the Code of Laws and Ordinances of Collier County. PREPARED BY: Jeffrey A. Klatzkow, County Attorney 2 Packet Page -1911- 5/22/2012 Item 16.K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1. Item Summary: Recommendation to direct the County Attorney to advertise and bring back an Ordinance to repeal an unnumbered ordinance codified as Sec. 2 -1 (Purchases from state division of corrections) in the Code of Laws and Ordinances of Collier County. Meeting Date: 5/22/2012 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 5/14/2012 4:14:42 PM Approved By Name: KlatzkowJeff Title: County Attorney Date: 5/15/2012 10:19:11 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/15/2012 3:28:15 PM Name: OchsLeo Title: County Manager Date: 5/15/2012 4:33:08 PM Packet Page -1912- 5/22/2012 Item 16.K.1. ORDINANCE NO. 2012 - AN ORDINANCE REPEALING SEC. 2 -1 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY (PURCHASES FROM STATE DIVISION OF CORRECTIONS); PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ch. 65 -845, Sec. 1, Laws of Florida, created a local law in Collier County dealing with purchases from the State of Florida Division of Corrections; and WHEREAS, this Act, codified as Sec. 2 -1 in the Code of Laws and Ordinances of Collier County by the Municipal Code Corporation, provides as follows: "Sec. 2 -1. - Purchases from state division of corrections. The sheriff, the board of county commissioners, or any school or public institution or agency financed by county or municipal funds, is authorized to purchase and the state division of corrections is authorized to sell any item, including brick, produced, processed or manufactured by the division not required for use therein or for use in any institution under the supervision of the board of commissioners of state institutions;" 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 -1, Collier County Code of Laws and Ordinances. Sec. 2 -1 of the Code of Laws and Ordinances of Collier County (Purchases from state division of corrections) 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 1 of 2 Packet Page -1913- 5/22/2012 Item 16.K.1. 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 , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney By: FRED W. 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