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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 The act codified in the above section was repealed as a state act and assumed ordinance status pursuant to Laws of Fla.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 Packet Page -3214- 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 Packet Page -3215- 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 1 of 2 Packet Page -3216- 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 2 of 2 Packet Page -3217- 7/24/2012 Item 16.K.2. '! 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. "' ` 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) f !'r 258 j F Packet Page -3218- a MM i I e I