Ordinance 2011-01
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j~'f< ~ ORDINANCE NO. 201l-~:.
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;', ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF>
"0.,,, ,"",1:~ COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE (d)'OF -=-_
'?~5)S_/ ORDINANCE NO. 75-16, AS AMENDED, "PRESIDING OFFICER,
ELECTION, DUTIES," CLARIFYING THE TIME FRAME FOR
ELECTION OF A CHAIRMAN AND/OR VICE-CHAIRMAN, As
APPLICABLE, AFTER THE GENERAL ELECTION AND:
DESIGNATING THE COMMISSIONER WHO SHALL SERVE AS THE.
"TEMPORARY CHAIRMAN" IN THE ABSENCE OF THE CHAIRMAN
AND VICE CHAIRMAN WITH RESPECT TO ALL MATTERS OUTSIDE
OF MEETINGS; 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, the Board of County Commissioners (Board) adopted
Ordinance No. 75-16 which established the time, place and conduct of its meetings; and
WHEREAS, subsequent amendments to Ordinance No. 75-16 retlect the evolving
practices and procedures relating to the meetings of the Board of County Commissioners; and
WHEREAS, the Board desires to amend Ordinance No. 75-16, as amended, in order to
clarify the time frame for election of a Chairman and/or Vice-Chairman, as applicable, after the
General Election and designate the commissioner who shall serve as the "temporary Chairman"
in the absence of the Chairman and Vice Chairman with respect to all matters outside of
meetings.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 75-16, AS
AMENDED.
Section One is hereby amended to read a follows:
I. Meetings of the Board of County Commissioners:
* * * * * *
(d) Presiding officer, election, duties. The presiding Chairman and Vice-
Chairman shall be elected by a majority of the members of the Board of County
Words Underlined are added; Words Stmek TluBUgll are deleted.
Page 1 00
Commissioners and said election shall occur at the first regularly scheduled Board
meeting in January of each year. In the event that the Chairman and/or the Vice-
Chairman are not reelected as Commissioners in any given year, unless a Special Meeting
is called, the Board of County Commissioners shall elect a Chairman and/or Vice-
Chairman, as applicable, OR the third Tuesday after the first Monday iR NoyelfllJer at the
first regularlv scheduled Board meeting on or after the second Tuesdav after the election
to temporarily serve until the first regularly scheduled Board meeting in January at which
time the scheduled election shall take place. However, the Chairman and the Vice-
Chairman shall serve at the pleasure of the Board. The Vice-Chairman shall preside in
the absence of the Chairman. With respect to all matters outside of meetings (see
subsection e. below), in the absence of both the Chairman and the Vice-Chairman, the
immediate past Chairman shall act as temporarv Chairman, and if there is no immediate
past Chairman, then the longest tenured Commissioner shall so act. The Chairman shall
become the presiding otlicer immediately after his or her election. The Chairman shall
preserve order and decorum at all meetings. He shall state every question and announce
the decision of the commission on each item of business. The majority vote of the
members present shall determine all questions of order not otherwise covered. The
Chairman may vote on any question, his or her name being called last. The Chairman
shall sign all ordinances, resolutions and legally binding documents adopted by the
Commission during his or her presence. In his or her absence, such ordinances,
resolutions and legally binding documents shall be signed by the presiding officer.
(e) Call to Order. At the hour appointed for the meeting, the Chairman shall
immediately call the Commission to order. In the physical absence of the Chairman, and
the Vice Chairman, the Board members present shall elect a temporary Chairman and a
temporary Vice Chairman by majority vote, and the Chairman so elected shall then call
the meeting to order and shall serve until arrival of the Chairman or Vice Chairman.
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SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance contlicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinanee is held
Words Underlined are added; Words Stmek Througll are deleted.
Page 2 of3
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 DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this I '-+May of .:fQ.Y'\\.O.TV. ,2011.
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ATTEST.""",
DWIGI-f1' E. ',BRO~I{:' I\LERK
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Approved as to form
and I gal lciency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By:
FRED W. COYLE, CHAIRMAN
ow
Thi. ordinance filed wi*' ~
Secretory of St~ Office the
-1!i- day of c . , Ol()../l
and acknowledgement of that
fj ling received this 1-0-1-<< day
of ~ 'Z-D It
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Otputy Clert.
Words Underlined are added; Words Struell Through are deleted.
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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 2011-01
Which was adopted by the Board of County Commissioners
on the 11th day of January, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of January, 2011.
DWIGHT E. BROCK
Clerk of Courts and'c1i;\1tk
Ex-officio to BOi;l.rd,:,9~,-,-'
County Commission.E:fS' ,
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y: Teresa Polask:i ," -" ,'. -
Deputy Clerk