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Ordinance 2007-02 \"1 ,.... .--....<7 ~ "ro <?..;)'\ ~ ~ '~t? ~ -c" ~ g #~~ ~ %~ ~ /~ '0' , ~ .9 0<<-'/ ' AN ORDINANCE OF THE BOARD OF COLLIER COUNTY '-;.S1>f' G L / \"- / COMMISSIONERS, FLORIDA AMENDING COLLIER COUNTY ORDINANCE NO. 75-16, AS AMENDED, WHICH ESTABLISHES THE TIME, PLACE AND CONDUCT OF THE MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS; ADDING NEW SUBSECTION ONE, I(g) TO PROVIDE FOR SUPER-MAJORITY VOTING ON SPECIFIED MATTERS AS REQUIRED BY GENERAL LAW, SPECIAL LAW, ORDINANCE, OR BY RESOLUTION ADOPTED BY A MAJORITY OF THE FULL MEMBERSHIP OF THE BOARD; RELETTERING FORMER SUBSECTIONS ONE I(g) AND (h); PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07_02 WHEREAS, certain matters that come before the Board of County Commissioners require pursuant to general or special law a four-fifths (4/5) affirmative vote or super;.majority of the Board of County Commissioners for purposes of adoption approval; and WHEREAS, the Board of County Commissioners has further determined that it sho'uld have the flexibility to require a four-fifths (4/5) vote of the full Board or super-majority vote:on other matters deemed to be of significant importance to the public or in order to ensure that the intent of a super-majority requirement imposed by general law, special law, or ordinance is achieved. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADDITION OF NEW SUBSECTION ONE l(g) OF COLLIER COUNTY ORDINANCE NO. 75-16, AS AMENDED (g) Suver-Majority ExceTJtion. Whenever provided by €!enerallaw, special law, ordinance, or as specified by resolution adopted by a maiority of the full membership of the Board, and notwithstanding subsection 1.[, a motion, ordinance, legally binding document or resolution may be required to be adopted by an affirmative vote of four- fifths (4/5) of the full membership of the Board. SECTION TWO: RELETTERING OF SUBSECTION ONE l(g) OF COLLIER COUNTY ORDINANCE NO. 75-16, AS AMENDED to Section ONE l(h) fgj fh2 Rules of debate. The following rules of debate shall be observed by the board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. (1) Motion under consideration. When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These countermotions shall have preference in the order in which they are mentioned, and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the members present. (2) Chairman participation. The presiding chairman may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a commissioner by reason of being the presiding chairman. (3) Form of address. Each member shall address only the presiding officer for recognition, shall confine himself to the question under debate, and shall avoid personalities and indecorous language. (4) Interruption. A member, once recognized, shall not be interrupted except by a call to order or as herein otherwise provided. If a member is called to order, he shall stop speaking until the question is determined by the presiding officer. Any member may appeal the decision of the chair to the board for decision by majority vote. (5) Privilege of closing debate. The commissioner moving for the adoption of an ordinance, resolution or other act shall have the privilege of closing debate unless otherwise directed by the chair. (6) The question. Upon the closing of debate any member may require a roll call vote. Any member may give a brief statement or file a written explanation of his vote. SECTION THREE: RELETTERING OF SUBSECTION ONE l(h) OF COLLIER COUNTY ORDINANCE NO. 75-16, AS AMENDED to Section ONE 1(i) Wi Minutes. The minutes of prior meetings approved by a majority of the members present shall become the official minutes. Each resolution, ordinance and legally binding document shall be signed by the presiding officer at the meeting and by the clerk and entered in the minutes. SECTION FOUR: 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-Iettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FIVE: 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 a 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 SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~'day of \~f'i.~ ,2007. ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO IDA / , LETT A, CHAIRMAN BY~~~~~( It...... .1,., BY: JIM Approved as to form and legal sufficiency: ~l R~,,~~ ~ Mic ael W. Petti Chief Assistant County Attorney $tl}te or FlOi'tfDA .;ounty [;it COLUE'ft I HEREBY CH:T) FY TH/',T this Is a true and C(ur,e:::t c'~ ~. ',' o "T' ,", ~';... I o ~" 0 ...of. l..,~ n nO"'~d ~"",o u ,," I'f"J~," . " ,< ';'~. c u .... \i.l1ITNE":"-' ,_..," , "., :.'>.;l 0 n"", '~'1" 1.. J 1~'",' ~ .'~' __.~~~ ~,\::Jl this ...J1!!:.... cay of ~q,,~t ZE!J__ DWIGHT Eo BROC,K, CLERK CF COURTS ~Q~ r!~ rJ.c. __.v-- This ordinance filed with the Secr:Mary of ~tote/s Office the .~ day o~~ I ~d7 a,n.d ocknowledgemelJt _oL thai fdmg received this ~ doy Of~7 By Deputy ~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2007-02 Which was adopted by the Board of County Commissioners on the 9th day of January 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of January 2007. DWIGHT E. BROCK:~ )')., . .., v'" Clerk of couiti'a~d tlerk Ex-officio to' Board ,of: , Co ty Commi~sioneks ' " ~,' ' " By:Martha Ver -~~~. Deputy Clerk