Item S3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 12/1612009- MAR
Department:
County Attorney
Bulk Item: Yes -1L- No
Staff Contact Person: Christine Limbert-Barrows. #3470
AGENDA ITEM WORDING:
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 The ordinance and agenda item was withdrawn after discussion and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.
11/18/09 BOCC approved public hearing to be held on December 16,2009 @3:00 p.m. in Marathon
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
INDIRECT COST: N/ A
BUDGETED: N/A
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
NolL- AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -X- OMB/Purchasing _
Risk Management ~
DOCUMENTATION:
Included X
Not Required_
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 RESPONSffiILITIES 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. Severability.
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. Conflictin1! Provisions
In the case of direct conflict between any provision of this ordinance and a portion
or provision of any appropriate federa~ states, or County law, rule, code, or
regulation, the more restrictive shall apply.
Section 4. Filine
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 Tern 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
MON t:
LJ i'.c~ lC~t 1~~
/l7!;~i~~O FORM:
~ ~ ~~
CHHISTINE M. UMBERT-BAFiRO\NS
f\SS!STANT COUNTY ATTOFU~EY
Date _-L!t ~/JJ9~~~.~~._~~~
--.;-;:" ;- .
. .
Commissioner Jerry Hernandez
ORDINANCE NO.
003-1988
AN OBDDlANCE OF THE COUNTY OF MONROE,
FLORIDA, PROVIDING FOR THE CREATION OF COUNTY
BEACH AND SHOBE PRESERVATION AUTHORITY
DIS'mIC'lS. PROVIDING FOR THE CREATION OF
COmrrY BEACH AND SHORE PRESERVATI.O!I AUTHORITY
DISTRICT ADVISORY BOARDS s PROVIDING FOR
MEMBERSHIP OF SAID ADVISORY BOARDS. PROVIDIIlG
FOR TIlE FUHCUOlfS, POWERS. AND RESPONSIBIL-
ITIES OF SAID AUTHORITY DISTRICT ADVISORY
BOARDS. PROVIDIR'G FOR SEVBIlABILITY. PROVIDING
FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH. PROVIDIRG FOR DfCORPO-
RA'l'ION IN THE MONROE COUNTY CODE I AND PROVID-
ING FOR AN EFFECTIVE DATE.
"WHEREAS, Florida Statutes, Section 161.25. ghes 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 COIIIDissioners of Monroe County.
Florida. on November 17, 1987, created the HoDroe County Beach
and Shore Preservation Authority to carry out the Beach and Shore
Preservation Program, and
WHEREAS. Florida Statutes, Section 161.31, gives the Board
of County Commissioners of Monroe County, Florida. the power to
establish County Beach and Shore Preservation Aut.hority Dis-
tricts, and
WHEREAS. the Board of County CommiulO1lers of Monroe County,
Florida. has determined that there is a need for such County
Beach and Shore Preservation Authority Dbtr1cts. now, therefore,
BE IT ORDAINED BY THE BOARD OJ!' COUHTY COMMISSIONERS OF
MONROE COtJNTY, FLORIDA, as follows:
Section 1. Pursuant to Section 161.31, Florida Statutes,
there 18 hereby created four (4) separate and diatinct County
Beach and Shore Preservation Authority Districts v1thin the
boundaries of Monroe County, Florida.
Section 2..
Monroe County Beach and Shore Preservation
Authority District No. 1 shall cOlllprise all of the territory
wU:hin County CouIlDissioners 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 Beaeh and Shore Preoervation
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 Preuervatlon
Authority District No. 3 shall comprise all of the territory
within County ConmdBBioners District No. 4 of Monroe County.
Florida.
Section S. Monroe County Beach and Shore Preservation
Authority District No. 4 shall c.omp:dae all of the territory
within County C01ID1ss1oners District No. 5 of Monroe County,
Florida.
Section 6. Districts established under the provisions of
this Ordinance uhall constitute public bodies corporate and
politic. exercising public powers and all ,other powers and duties
incident to 8uch bodies.
Section 7. The Board of County Ccmlllisaioners shall serve 4S
the governing body of all Districts created under the Monroe
County Beach and Shore Preservation Authority.
Section 8. Each Distrlct established under the provisions
of this Ordinance shall have a District Advisory Board whose
functions. powers and reuponaibilities ahall be set and defined
by the Board of County Commis.ionera.
Section 9. Each Distriet Advisory Board ahall be composed
of fhe (5) individuals and shall be appointed as follows=
D18trlc.t 1 -~ a member appointed by the Key West
Chamber of Commerce Board of DirectorsJ a
member of the Monroe County Coum1ssion
and 80 designated by the Monroe County
Commiesion. a member of the City Commis-
sion of the City of Key West and BO
deuignated by the City Commi8.1on of Key
West, a non-public official appointee of
the 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 .. A member appointed by the Marathon
Chamber of COlIIDIerce Board of Directors c
the County Commissioner representing
County Commissioners District No. 4 of
Monroe County. Florida c a me1IIber of the
City CODDiss1on of the City of Key Colony
Beach and so designated hy the City
Commission of Key Colony Beach I a non-
'public official appointee of the Mayor of
the City of Key Colony Beach I and a
non-public official appointee of the
Kanroe County Commissioner representing
County Commissioners District No.4,
Monroe County. Flori.da. Appointee. to
said Advisory Board shall be residents of
District 3.
Districts 2 and 4 -- Each Advisoq Board shall have two
members appointed by the Chambers of
C01IIIIerce in their respective districts;
the County Commissioner representing the
County Commissioners District of Honroe
County. Florida, which comprises the
ter%'itory of the Authority District; a
non-public. official appointee of tbe
County Commissioner representing the
County C0IIIIIi88ionera District of Monroe
County. Floxida. which comprises the
territory of the Authority DiBtr1ct; and
a non-public official appointee of the
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
~
3
" ~ . ..
, .. ~
Section 10. Pursuant to Section 161.31(2), Florida
Statutes. and until such 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 Commissioners.
Section 11.
If any section, subsection, sentence.
clause or provision of this Ordinance is held invalid, tbe
remainder of tbi8~Ordinanee shall not be affected by such
invalidity.
Section 12. All ordinances or parts of ordinancel in
conflict with ebb Ordinance are hereby repealed to the
u:tent of 8ald conflict.
Section 13. · Tbe provisions of this Ordinance sball be
included and incorporated in the Code of Ordinances of the
County of Monroe. Florida, as an add1t;ion or amendment
thereto, and shall be appropriately renumbered to conform to
the uniform numbering system oftha Code.
Section 14. Thill Ordinance ahal1 take effect iall.edi-
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 1i!IoPTED by the Board of County COIIlIld.8ioners
of Monroe County. Florida. at a regulBT m.eeting of aaid
Board held on the S~J, day of J..uuo,\
A.D.. 1988.
BOARD OF COllHTY COMMISSIONERS
OF MONROE COURT!, FLORIDA
By t!2~f
(SEAL)
Attest:DANNY 1.. KOLHAGE. Clerk
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4
ORDINANCE NO. 051 -1981
AN ORDINANCE OF THE COUNTY OF MOmlOE. n.OII-
OA, PROvtDING FOR THE CREATION OF A REACH AND
SHORE PRESERVATION AUTHORITY J PROVIDING FOR
MEHBUSHIP FOR SAID AUTHORt'l'Y ~ PROVIDING FOR
THE HIRING OF PERSONNEL, PROVIDING FOR THE
CREATION OF SPECIAL DISTRICTS, PROVIDING FOR
'tliE FUNC'tIONS, PO\fERS AND BESPONSIBILln'BS OF
SAtD AOTHORt"l'Y, E'ROVlDING FOR SEVERABtLtTY~
PROVIDING FOR REPEAL OF ALL OB.DtNANCES IN
CONFLICT HEREWITH, PROVIDING FOR INCORPORA-
TION INTO THE MONROE COUNTY CODE, AND PROVID-
tNG FOil AN EYFEC'nVE DATE.
WHEREAS. Florida Statutes, Section 161.25 gives the Board of
County COlllniastoners of Monroe County, Florida. the power to
establi.h a beach and aho~e p~e8ervatlon authority,
WHEREAS, the Board of County Commissioners of Mon~oa County,
Florida hae determined chat ~hero is a need for auch au au~hori-
ty, now, therefore.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, 'LORInA as follows s
Section 1.
Pursuant ~o Section 161.25 Florida Statutes,
there 1. hereby created a beach and share preservation authority
to carry out the beach and shere preservation program.
S~ction 2. The beach a.nd shore pre.ervat:f.on authority
shall cond.t of tho Board af C6unty Commiaaionera for Monroe
County, Florida.
Section 3. The beaeh and shore preservation authority
shall have the fOllowing duties and responsibilities:
a.) Hire personnel as n..ded to carry out the beach
and .hore preservation program~
b.l Establi.h beach and .hore districtsl
c. ) To !IUlke contracts and entar into agreUlentsl
d.) To aue and be sued,
e. ) To ac:quh'e and hold lands and properey by any
lawful meaDe S
f. ) To qarcise the power of eminent domaiu ~
8.) '1'0 enter upon pd.vate property for purposes of
making surveys, soundings, drilling. and examinations, and
such entry shall not be dee~ed a tre.passl
h.) '1'0 constxuct. acquire, operate and maintain work.
and facilities ~
t.} To make rules and regulQtionsl and
Section 4. If any section, eubdection, aeutenc., clause
or provialon of thle ~d1nance 1s held invalid, the remainder of
this Ordinance shall not be affected by such invaUQity.
Section 5. All ordinances or parts of ardinaDc.. in
conflict with this Ordinance are bereby .epealed to the extent of
Baid conflict.
Section 6. The provision of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto 0 and
shall be appropdately renumbered to confortll to the \U\ifo'nl
numbering system of the Code.
Section 7. This Ordinance shall take effect imma4iately
upon receipt of official notice from the Office of the S.c~eta~y
of State of the State of Florid4 that this Ordinance has been
filed with said Office.
PASSED AND ADOP'l'ED by I:l1e Boa~d of County Ccmai68ioners of
MOnroe County. Plorida, 4t a regular meeting of sa1d 8o.rd held
on the J.!ltL day of ~"C8fi~"" _ . A.D. 19087.
BOAl\D OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
RY1Z~ ~
.. :run
.:
(SEAL)
Attest .DANNY 1.. X:O!.IlAGE. CIerit
../2.Ji 41,J)/,
APp1f(JVEDAS TtJ rotr1l.
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