Ordinance 2009-52
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t;JC\ tJ! i ORDINANCE NO. 2009- 2l- ~
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~'ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ~';,<
\\:~-COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 1975-16,'-<;\,
.. AS AMENDED, BY REVISING THE PROCEDURE FOR \>
RECONSIDERATION OF MATTERS BY THE BOARD OF COUNTY
COMMISSIONERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
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WHEREAS, on April 22, 1975, Ordinance No. 75-16 was adopted by the Board of
County Commissioners to establish a time, place, and conduct of Board of County
Commissioner meetings, which Ordinance has been amended from time-to-time; and
WHEREAS, the Board of County Commissioners desires to amend Section One,
Paragraph 6 of Ordinance No. 75-16, as amended, entitled "Reconsideration of matters
generall y . "
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
AMENDMENT TO SECTION ONE, PARAGRAPH 6 OF
ORDINANCE NO. 1975-16, AS AMENDED.
Section One, Paragraph 6 is hereby amended to read as follows:
6. Reconsideration of matters generally.
(a) Any matter which has been voted upon by the Board of County Commissioners
may be reconsidered as follows:
(1) By a motion to reconsider made by a member who voted with the majority if such
motion is made prior to the adjournment of the meeting at which the matter was voted upon~
only in aceordanee with subparagraphs (d) and (e) of this subsection. If there were no public
speakers on the item. or if all of the public speakers for the item are still present in the
boardroom following a successful motion to reconsider. the Board may elect to rehear the matter
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Page 1 of3
during that meeting, or direct the County Manager to place the item on the agenda for a future
meeting as set forth in subparagraph (2). If there were public speakers for the item, and not all of
the public speakers are still present in the boardroom following a successful motion to
reconsider, the County Manager will place the item on the agenda for a future meeting as set
forth in subparagraph (2).
(2) By a motion to reconsider made by a member who voted with the majority if such
motion is made at a regular meeting following the meeting at which the matter was voted upon,
but only in accordance with subparagraphs (b) through ( e) of this section. the following:
~ ill. Where a member who voted with the ma10rity wishes the Board to reconsider a
matter after the adjournment of the meeting at which it was voted on, the member shall deliver to
the County Manager a written memorandum stating that the member intends to introduce a
motion to reconsider. The memorandum shall state the date of the regular meeting at which the
member intends to introduce such motion, and shall be delivered to the County Manager at least
six days prior to such meeting. The purpose of this requirement is to allow the staff to advise the
Board of the legal or other ramifications of reconsideration.
te1 @ Upon adoption of a motion to reconsider, the County Manager shall place the item
on the agenda for the second regular meeting following the meeting at which the motion was
adopted.
W (iii)No motion to reconsider shall be made more than 30 days following the Board's
vote on the matter sought to be reconsidered.
(iv) All parties who participated by speaking, submitting registration forms or written
materials at the first hearing, shall be notified by the County Manager of the date of
reconsideration.
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~ ill This section shall apply to any matters which may lawfully be reconsidered
except those matters which are covered by Paragraph 7 below.
SECTION TWO: 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 THREE: 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 Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this \3+\.day of Q::::\-~ ,2009.
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DWIG~t~J3RObKf~ERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
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By:
DONNA IALA, CHAIRMAN
Jeffrey
County
this ordInance filed with the
~t:'etary of Sto!.!js _O~e!;
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filin re eived ~h day
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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 and correct
copy of:
ORDINANCE 2009-52
Which was adopted by the Board of County Commissioners
on the 13th day of October, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of October, 2009.
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