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Agenda 05/22/2012 Item #16K 25/22/2012 Item 16.K.2. EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise and bring back an Ordinance to repeal an unnumbered ordinance codified as Sec. 2 -26 (Franchises generally) 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 -26 (Franchises generally) 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 1961 (Laws of Fla. Ch. 61- 557, Sec. 1) created the following local law in Collier County: 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. The act codified in the above section was repealed as a state act and assumed ordinance status pursuant to Laws of Fla.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 51 -year old piece of legislation as a County ordinance. Collier County may now exercise its right to grant franchises in furtherance of its home rule powers. FISCAL IMPACT: The cost of advertising the Ordinance is approximately $300.00 and will be paid from the County Attorney's budget. Packet Page -1916- 5/22/2012 Item 16.K.2. 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. 2 -26 (Franchises generally) in the Code of Laws and Ordinances of Collier County. PREPARED BY: Jeffrey A. Klatzkow, County Attorney 2 Packet Page -1917- 5/22/2012 Item 16.K.2. COLLIER COUNTY Board of County Commissioners Item Number: 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. 2 -26 (Franchises generally) in the Code of Laws and Ordinances of Collier County. Meeting Date: 5/22/2012 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 5/15/2012 9:50:08 AM Approved By Name: KlatzkowJeff Title: County Attorney Date: 5/15/2012 10:20:46 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/15/2012 3:38:28 PM Name: OchsLeo Title: County Manager Date: 5/15/2012 4:31:29 PM Packet Page -1918- 5/22/2012 Item 16.K.2. ORDINANCE NO. 2012 - AN ORDINANCE REPEALING SEC. 2 -26 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY (FRANCHISES GENERALLY); PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ch. 61 -557, Sec. 1, Laws of Florida, created a local law in Collier County 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. 1 of 2 Packet Page -1919- 5/22/2012 Item 16.K.2. 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 day of ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN 2 of 2 Packet Page -1920- 5/22/2012 Item 16.K.2. LAWS OF FLORIDA CHAPTER 61 -557 ation of ten thou- Section 4. The county judge of Escambia county longest in contin- 10- 11,000) appears uous service and able to act, shall be the administrative officer of the )ulation classifica- �' court and of the county judges' office, and shall be responsible for hundred (10,000 - the dispatch of business, and shall control and direct the operation of the office of county judge, and the distribution and assignment of all judicial suits, causes, and matters to be tried, heard, decid- ed, ordered or adjudged; provided that if the county judge longest in continuous service is unable to act by reason of sickness, absence or other.causes, then such duty shall devolve upon and be exer- cised by the next judge of the court longest in continuous service, _ but not otherwise. Section 5. All laws or parts of laws in conflict herewith are re- pealed. Section 6. If any part of this act is declared unconstitutional or dge in addition to inoperative, or should the application of this act to any official be ty; relating to the declared unconstitutional or inoperative, it shall not affect any other pensation of such part of this act nor the applicability of the remainder thereof. )n of the office of a referendum, Section 7. This act shall become effective only upon its approval by a majority of the electors voting in a referendum election to be Florida: held on November 7,1961. J county judge in In the event such election is not held as authorized and provided abia County. this act is void. unty judge herein Became a law without the Governor's approval. lection to be held the elected addi- Filed in Office Secretary of State June 22, 1961. or hereafter pro - for the office of CHAPTER 61 -557 and all party pri- Lty, candidates for HOUSE BILL NO. 3001 roups. Each group AN ACT giving authority to all counties in the State of Florida Df separate groups having a population of not-less than fifteen thousand seven hun- :ounty judge to be dred (15,700) and not more than sixteen thousand four hundred (16,400) to grant franchises; defining the terms thereof and county judge shall providing an effective date. r law for the com- Be It Enacted by the Legislature of the State of Florida: i and shall be paid s now provided by Section 1. In addition to all other powers granted by law to such counties; all counties within the State of Florida having a popu- 21 Packet Page -1921- 512212012 Item 16.K.2. 61 -558 LAWS OF FLORIDA cation of not less than fifteen thousand seven hundred (15,700) and not more than sixteen thousand four hundred (16,400) by the last federal census acting through its board of county commissioners may exercise its power of government for county purposes by grant- ing exclusive or non - exclusive franchises to persons, firms, corpor- ations, and municipal and quasi - municipal bodies for the perform- ance of any proprietary function, authority or power, or part thereof; and limit, condition, regulate and otherwise control the use and performance of such franchise. Provided, however, that no such franchise shall extend into nor conflict with any incorporated mu- nicipality within such county; provided, further, that 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 Florida Railroad and Public Utilities Commission, or cooper- atives organized and existing under the rural electrification cooper- ative law of this state. Section 2. It is declared to be the legislative intent, that if any section, clause or provision of this act is held invalid, the remainder of this act shall not be affected. Section 3. This act shall become effective immediately upon be- coming a law. Became a law without the Governor's approval. Filed in Office Secretary of State June 22, 1961. CHAPTER 61 -558 HOUSE BILL NO. 3004 AN ACT relating to Broward County, Florida, exempting, except- ing and excluding Broward County from the provisions of Chapter 6421, Acts of 1913; Chapter 6841, Acts of 1915; Chapters 7312 and 7333, Acts of 1917; Chapters 7877, 7879, 7880 and Acts of 1939; Chapters 8493, 8495, 8498, 8521, 8535, 8541 and 8581, Acts of 1921; Chapters 9140, 9181, 9261, 9274, 9292, 9295, 9314 and 9316, Acts of 1923; Chapters 10051, 10059, 10060, 10063, 10135, 10138, 10139, 10140, 10141, 10145, 10219, 10292, 10298, 10300, 11357, 11379, 11380 and 11382, Acts of 1925; Chapters 11911,11913, 11917, 11920, 11975, 12034, 12207, 12208, 12209, 12276 and 12420, Acts of 1927; Chap- ters 13591, 13665, 13714, 13871 and 14570, Acts of 1929; Chapters 22 Packet Page -1922-