Loading...
Item U7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 11/18/2009- KL Bulk Item: Yes ~ No Department: County Attorney Staff Contact Person: Christine Limbert-Barrows. #3470 AGENDA ITEM WORDING: Approval to advertise a public hearing to consider approval of an ordinance repealing Ordinance No. 03-1988 to dissolve the Beach and Shore Preservation Authority Districts and Advisory Boards. ITEM BACKGROUND: The intent of this ordinance is to repeal Ordinance No. 03-1988. This ordinance currently provides for four (4) separate and distinct County Beach and Shore Preservation Authority Districts and Advisory Boards within the boundaries of the County. The Beach and Shore Preservation Authority District Advisory Boards have been dormant for several years. The repeal of Ordinance No. 03-1988 will not affect any existing funds designated for Higgs beach maintenance and improvements or any funds allocated for any other County beaches. PREVIOUS RELEVANT BOCC ACTION: On November 17, 1987, the BOCC created the Monroe County Beach and Shore Preservation Authority to carry out the Beach and Shore Preservation Program (See Ordinance No. 051-1987). On January 5, 1988, the BOCC created four (4) separate and distinct County Beach and Shore Preservation Authority Districts within Monroe County (See Ordinance No. 03-1988). An ordinance to amend the composition of the Beach and Shore Preservation Authority Districts was placed on the June 17,2009 BOCC agenda for consideration. The ordinance and agenda item was withdrawn after discussion and the BOCC directed staff to bring back an ordinance to repeal Ordinance No. 03-1988. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to advertise a public hearing to be held on December 16. 2009 @ 3 :00 p.rn. TOTAL COST: INDIRECT COST: N/A BUDGETED: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty~ OMB/Purchasing _ Risk Management ~ Not Required_ DOCUMENTATION: Included X DISPOSITION: AGENDA ITEM # ORDINANCE ~2009 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REPEALING AND RESCINDING ORDINANCE 03~1988 PROVIDING FOR THE DISTRICT ADVISORY BOARDS; PROVIDING FOR MEMBERSHIP OF SAID ADVISORY BOARDS; PROVIDING FOR THE POWERS AND RESPONSIBILITIES OF SAID AUTHORITY DISTRICT ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, On November 17, 1987, the Board of County Commissioners created the Monroe County Beach and Shore Preservation Authority to carry out the Beach and Shore Preservation Program; and WHEREAS, On January 5th, 1988, the Board of County Commissioners created four (4) separate and distinct Beach and Shore Preservation Authority Districts and advisory boards; and WHEREAS, at the June 17, 2009, meeting of the Board of County Commissioners the board gave direction to staff to repeal the ordinance, which created the Beach and Shore Preservation Authority Districts and advisory boards; and WHEREAS, any existing funds designated for Higgs beach maintenance and improvements shall remain so designated and unaffected by repealing Ordinance 03-1988; and WHEREAS, any funds allocated for any other County beaches shall also be unaffected by the repeal of Ordinance 03-1988; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Repealers. Ordinance No. 03-1988 is hereby rescinded and repealed in its entirety. Section 2. Severabilitv. If any section, paragraph, subdivision, clause, sentence or prOVISIon of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 3. Conflictin2 Provisions In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, states, or County law, rule, code, or regulation, the more restrictive shall apply. Section 4. Filin2 This ordinance shall be filed in the Office of the Secretary of the State of Florida as provided in section 125.66(2)(b). Section 5. Effective Date This ordinance shall take effect upon filing with the Department of State pursuant to F.S. 125.66(2)(b). PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _th day of November, 2009 Mayor George Neugent Mayor Pro Tem Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson r'Jl'\( , ~ ~~-~ APPFtOV'::D i\S TO FOF;M: CJ1i~~~ CHRiSTiNE M. LlM8ERT-BARHO\fV$ !-,.sSiSTANT COUNTY ATTOliNCY D210 _~.JlI_~/J;l3._~__~~. ~.........u~ . .. . , Commissioner Jerry Hernandez ORDINANCE NO. 003-1988 AN ORDDfARCE OF THE COURTY OF MONROE. FLORIDA, PROVIDING FOR THE CREATION OF COURtY BEACH AND SHORE PRESERVATION AUTHOatTY DISTRICTS; PROVIDING FOR THE CREATION OF C01JN'l'Y BEACH AND SHORE PRESERVATION AUTHORITY DISTRICT ADVISORY BOARDS s PROVIDING FOR MKMBEltSHIP OF SAID ADVISORY BOARDS s PROVIDIIlG FOR THE FUNCTIONS, POWE:aS. AND RESPONSIBIL- ITIES OF SAID AUTROatT! DISTRICT ADVISORY BOARDS s PROVIDING FOR. SEVERABILITY s PROVIDING FOR ALL OBDINANCES OR PARTS OF ORDINANCES 19 CONFLrC'r HEREWITH; PROVIDING FOR IlfCORPO- RATION IN THE MONROE COUNTY CODE r Am) PROVID- ING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes, Section 161.25, gives the Board of County Commissioners of Monroe County. Florida, the power to establish a beach and shore preservation authority, and WHEREAS, the Board of County Commissioners of Monroe County. Florida. on November 17. 1987, created the MOnroe County Beach and Shore Preservation Authority to carry out the Beach and Shore Preservation Program, end WHEREAS. Florida Statutes, Section 161.31. gives the Board of County Coomissioners of Monroe County. Florida, the power to establish, County Beach and Shore Preservaticm AutllOdty Dis- tricts. and WHEREAS, the Board of County COIIllDies1oners of Monroe County, Florida. has determined that there is a need for such County Beach and Shore Preservation Authority Districts. now. therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMlSSIORERS OF MONll.OE COmrrY. FLORIDA. as follows ~ Section 1. Pursuant to Section 161.31, Florida Statutes. there is hereby created four (4) separate and distinct County Beach and Shore Preservation Authority Districts within the boundaries of Monroe County. Florida. Section 2. MOnroe County Beach and Shore Preservation Authority District No. 1 shall COllIpr1se all of the territory within County Commissioners District No. 1 of Monroe County and all of the territory within County Commissioners District No. 3 of Monroe County. Florida. . , . , Section 3. Monroe County Beach and Shore Preservation Authority District No. 2 shall comprise all of the territory within County Commissioners District No. 2 of Monroe County, Florida. Section 4. Monroe County Beach and Shore Preservation Authority District No. 3 shall comprise all of the territory within County Commissioners Dlotrict No. 4 of Monroe County, Florida. Section S. Monroe County Beach and Shore Preservation Authority District No. 4 llball comprise all of the territory within County Commissioners District No. 5 of Monroe County, Florida. Section 6. Districts established under the proviBions of this Ordinance shall constitute public bodies COrporate and politic, exercising public powers and all.other powere and duties incident to such bodie.. Section 7. The Board of County Commissioners shall serve as the governing body of all D1etricts created under the Monroe County Beach and Shore Preservation Authority. Section 8. Each District established under the provisions of thb Ordinance sball have a District Advbory Board whose functions. powers and responsibilities shall be Bet and defined by tbe Board of County COUIIIIia8:Loners. Section 9. Each District Advisory Board shall be composed of five (5) individuals and shalt be appointed as follow.: D1etrlct 1 -- a member appointed by the key West Chamber of Commerce Board of DireetorsJ a member of tbe Monroe County CO!IIlliaaion and 80 designated by the Monroe County C01lIlDiauion* a member of the City COIlIlIli8~ don of the City of Key West and so designated by the City Commie.ion of Key West, a non-public official appointee of tbe Mayor of the City of Key Westl and a non-public official appointee of the Mayor of Monroe County. Appointees to 2 --- - -.....,....- . . . , said Advisory Board shall be residents of District 1. District 3 u A member appointed by the Marathon Chamber of COIlIIIIerce Board of Directors ~ the County Commissioner representing County COllDissioners District No. 4 of Monroe County. Florida; a member of the .City Commission of the City of Key Colony Beach and 80 designated by the City COlIlIDission of Key Colony Beach; a non- 'public official appointee of the Mayor of the City of Key Colony Beach; and a non.publlc. official appointee of the Monroe County C01UllIissioner representing County Colllllliss1oners District No.4. Monroe County, Florida. Appointees to said Advisory Board shall be residents of District 3. Districts 2 and 4 -- Each Advisory Board shall have two members appointed by the Cha1ll.be1:s of Commerce in tbei1: respective dbtricta J the County Commissioner representing the County COIIlIDissioners District of Monroe County, Florida, whieh cOIlI.p1'bes tbe territory of the Authoxity District; a non-public official appointee of tbe County Conmiuioner representing the County C01DIIi88ionera District of Monroe County. Florida. which compriBeB the terr~tory of tbe Authority Distriet. and a non~public official appointee of tbe Mayor of Monroe County. Florida. Appoin- tees to said Advisory Board of District 2 ahall be residents of District 2. and appointees to said Advisory Board of District 4 shall be residents of District i:.. 3 ... ~ . + . '. Section 10. Pursuant to Section 161.31(2). Florida Statutes. and until Buch time AS the Legislature amends the Florida Statutes. members of the District Advisory Boards shall have no definite term of office. but shall serve at the pleasure of the Board of County Cmmniss:l.oners. Section 11. If any section. subsection, sentence. clause or provision of this Ordinance i8 held invalid. the remainder of this>> Ordinance 8hall not be affected by such invalidity. Section 12. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of 8a1d conflict. Section 13. .The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe. Florida, as an addi~lon or amendment: thereto. and shall be appropriately renumbered to conform to the uniform numbering aystem of the Code. Secti.on 14. 'rbb Ordinance shall take effect :lDaedi- ately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this Ordi- nance has been filed with said Office. PASSED AND AtonED by the Board of County COIIlIdsdoners of Mom:oe County. Florida. at a regular meeting of said Board held on the S~J, day of J..~.~,\ A.D.. 1988. BOAIU> OF COUNT!: COMMISSIONERS OF MONROE COURT'f. nORIDA By ~~_t. v a r!IUIn (SEAL) Attest:DANNY L.KOLHAGE. Clerk ~-L ~ ~~~I j:).~ eYer YEASm-- .~ A sumcacv. J nv ~i~' _ (h'al ? Att.W'trW'~OffktJ ':' - . 7 U ' 4 ORDINANCE NO. 051 -1987 AN ORDINANCE OF '!'HE COUNTY OF MONROE. FLORI- DA' PlOvtDING FOR THE CREATION OF A BEACH AND SHORE PRESERVATION AUTHORITY J PROVIDING FOa MEMBERSHIP FOR SAID AUTHORITY, PROVIDING FOR THE HIRING ot PERSONNEL, PROVIDING FOR THE CREATION OF SPECIAL DlSTRtCTSJ PROVIDING FOR '!HE FUNC'nONS t POWERS ANn 1:\ESPONSIBlLtnES OF SAID AUTHORt"l'Yt E'RovtDING FOlt SEVERABILITY, PROVIDING FOR. REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH r PROVIDING FOR INCORPORA- TION INTO THE MONROE COUNTY CODE, AND PROVID- ING FOB. AN 'E?FECT1VE DATE. ,..l.-:'" WHEREAS. Florida Statutes, Section 161.25 g1ves the Board of County Collltlisaioners of Monroe County, Florida. the power eo establi.h a beach and shore p~eservation authority. WHEREAS. the Board of County COlllDliulonera of Mcm:t:oe County, FlDrida has determined that there is a need for such an authori- ty. nowt therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. 'LOR t'DA as fDllows ~ Section 1. Pursuant ;0 S8e~lon 161.25 Florida Statutes. there i8 hereby created a beach and shore pteae~at1on authority to carry out th. b.ach and ahare preservation program. S~etion 2. The beach and shore preuJ:'Vation authority shall condIt of the Board Df C6unty Commissioners for MCJllroe County. Florida. Section 3. The beach and shore preservation authority shall have the following duties and reeponsibilitie81 a.) Hire personnel as needed to carry out the beach and shore preservation programf b.l Eatablish beach and ahore di8tricts, c. ) To make contracts and enter into agreements ~ d.) To Bue and be sued, e.) To acquire and bold lands and property by any lawful mllanB' f.) To Q1Carcise the power of eminent domain; 8.) To enter upon pd.v&tQ prop.~ty for purposes of makins 8~rveys. soundings. dr1l11ngs and eXBmin.~lon.. aud such entry shall nor be deemed a tr.'p.~81 h~) To eonst%uct. acquire, operate and maintain works and facilities J i. } To 1l\llke. rules and regullil.tions I ond Section 4. If any sectlon. subsection. sentenea, clause or p~ovia1on of this Ordinance is held invalid. the rema1nder of this Ordinance shall not be affected by such invalidity. ~etton S. All ordinances or part8 of odinancet. in conflict witb this Ordinance are hereby ~epe.l.d to the e~t.nt of aaid conflict. Section 6. The provtsi.on of this Ox-dtnance shall be included and incorporated in the Code of Ordinances of the County of Monroe. Floria.. all an addition or amendment thereto, and shall be apPl'op'date1y renumbered to conform to the un1fOTm numbering system of the Code. Section 7. This Ordinance .hall take effect immediately upon receipt of official notice from the Office of the S.creta~y of State of the State of Flodds that this Ordinance has been filed with s&id Office. PASSED AND ADOP'fED by the Board of County COlllllll.ulonen of Monroe County. florida. at a regular mee~~ng of eald Bo.rd held on the l!lti day of ~iC.b~'" . A.D. 19-87. BOABD Qr COUNTY COMMtSSIONERS OF MONROE COUNTY, FLORIDA RY1Z~ .t a -rmau .: (SEAL) Attest IDANNY 1.. KO!.IfAGE. CIerit -I2..J. 41,i1L APPROvED AS TtJ ran/!. .. _U""7:-/f J4:::L.~ Oflkt!