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 The ordinance and agenda item was withdrawn after discussion and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!