Agenda 09/11/2012 Item #17B9/11/2012 Item 17.13.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance repealing 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The act codified in the above section was repealed as a state act and assumed ordinance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.
At its July 24, 2012 regular meeting, the Board authorized the County Attorney to advertise
the proposed Ordinance for future consideration.
FISCAL IMPACT: The cost of advertising the Ordinance was approximately $54.00 and was paid
from the County Attorney's budget.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County Attorney, is
legally sufficient, and requires majority vote for Board approval. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached 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
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9/11/2012 Item 17.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.13.
Item Summary: Recommendation to adopt an Ordinance repealing an unnumbered
ordinance codified as Sec. 98 -1 (Expenditures for lighting) in the Code of Laws and Ordinances
of Collier County.
Meeting Date: 9/11/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
8/15/2012 12:21:21 PM
Approved By
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 8/15/2012 3:27:00 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2012 10:49:47 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 8/31/2012 8:59:23 AM
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9/11/2012 Item 17.8.
ORDINANCE NO. 2012 -
AN ORDINANCE REPEALING SEC. 98 -1 OF THE CODE
OF LAWS AND ORDINANCES OF COLLIER COUNTY
(EXPENDITURES FOR LIGHTING); 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 lighting of public parks and playgrounds are validated,
Such expenditures are declared to have been for a valid county purpose;" 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. 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
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9/11/2012 Item 17.13.
*-- 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
, Deputy Clerk
Approved as to form
and legs, sufficiency:
Jeffrey A FJa ow
County orney
By:
FRED W. COYLE, CHAIRMAN
2 of 2
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9/11/2012 Item 17.13.
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68 -714 LAWS OF FLORIDA
ilIj
CHAPTER 63 -713
HOUSE BILL NO, 1757
AN ACT relating to certain expenditures during by county commissioners
$ 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
n
census; vali-
dating expenditures for lighting certain public parks and play_
i
grounds; declaring same a county purpose; providing effective
date.
�`•
Be It Enacted by the Legislature of the State of Florida:
I '
"
�s.
Section 1. Expenditures made during the
g preceding biennium
by the board of coup co
county mmissioners
in any county in the state
having a population of not less than fifteen thousand seven hun-
oft
dred (15,700) and not more than sixteen thousand four hundred
(16,400), according to the latest
official decennial census, for the
purpose of lighting public parks and playgrounds, are validated.
Such expenditures are declared to have
been for a valid county
purpose.
�u
V ..
Section 2, This act shall take effect immediately upon becoming
law.
Became a law without the Governor's approval.
_
Filed in Office Secretary of State June 3, 1963.
�Y
CHAPTER 63 -714
HOUSE BILL NO. 1812
AN ACT relating to a resurvey and reappraisement of all taxable
Property in any
county in the state having a population of not
less than seventeen thousand (17,000)
' 1
and not more than nine-
teen thousand (191000) according to the latest official decennial
'
a
census, for taxation purposes; providing for the financing of such
reappraisement; providing effective date.
I
Be It Enacted by the Legislature of the State of Florida,
Section 1. The board of county commissioners of any count
having y"
g population of not less than
E
{f
seventeen thousand (17,000)
258
ant
i
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::
9/11/2012 Item 17.13.
24D D. Wednesday, August 29, 2012 )) N A P L E S D A I LY NEWS
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on September 11, 2012 in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of the following County Ordinances. The meeting will commence at
9:00 A.M. The titles of the proposed Ordinances are as follows: ;
AN ORDINANCE REPEALING SEC. 46 -5 OF THE -CODE. OF LAWS AND ORDINANCES
OF COLLIER COUNTY (FEE FOR ALIMONY � PAYMENTS AND COLLECTION);
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
AN .ORDINANCE REPEALING SEC. 78 -28 OF THE CODE Of LAWS AND ORDINANCES
OF 'COLLIER COUNTY (SALE OF CANNED GOODS); PROVIDING FOR INCLUSION IN
THE CODE OF . LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE REPEALING SEC. 98 -1 OF THE CODE OF LAWS AND ORDINANCES
OF COLLIER COUNTY (EXPENDITURES FOR LIGHTING); PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
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.
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.
Copies of the proposed Ordinances are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item. must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. In any case, written
materials intended to be considered . by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public, hearing.
If you are a person with a disability, who needs any accommodation in order to
participate in this proceeding; .you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the , Collier County Facilities Management
Department, located at 3335.Tamiami Trail East, Building W. Naples, Florida 34112,
(239) 252 -8380. Assisted listening devices for the hearing impaired are .available in
the County Commissioners' Office,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
_August 29. 2012 No 11959271
e
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