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Home My WebLink About09-028 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3403259 10/21/2009 at 01:40 PM .+1 i OR BOOK 3138 PAGE 1348 - 1352 Doc Type: ORDN RECORDING: $44.D0 ORDINANCE NO. 09-028 AN ORDINANCE AMENDING CHAPTER 1-16-2 (PUBLIC PROPERTY), OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, TO CREATE ARTICLE II (AIRPORT WEST COMMERCE PARK LEASING STANDARDS AND PROCEDURES) TO ESTABLISH STANDARDS AND PROCEDURES FOR LEASING PROPERTY IN THE AIRPORT WEST COMMERCE PARK PURSUANT TO SECTION 125.35, FLORIDA STATUTES (2008); CREATING SECTION 1-16.2-7 (PURPOSE); CREATING SECTION 1-16.2-8 (COMPETITION AND QUALIFICATION STANDARDS); CREATING SECTION 1-16.2-9 (BID/PROPOSAL WAIVER PROCEDURE); CREATING SECTION 1-16.2-10 (INFORMATION ON AVAILABLE COUNTY PROPERTY); CREATING SECTION 1-16.2 -11 (NEGOTIATION PROCEDURES); CREATING SECTION i -16.2-12 (CONSISTENCY WITH COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, Sections 125.35(1) and 125.35(2), Florida Statutes, provide for the lease of County owned real property subject to certain advertising requirements; and, WHEREAS, Section 125.35(3), Florida Statutes (2008) authorizes a county to adopt alternative procedures for the lease of county owned real property; and, WHEREAS, the County owns and operates the Airport West Commerce Park located at the St. Lucie County International Airport; and, WHEREAS, the County desires to adopt an alternative leasing procedure in order to provide for a more efficient and expedient leasing procedure for the Airport West Commerce Park in accordance with the provisions of Section 125.35(3). ««°••wgkr passages are deleted. Underlined passages nre added. -1- a ~1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-16.2 (PUBLIC PROPERTY) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS Chapter 1-16.2 (Public Property) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended by creating Article II (Airport West Commerce Park Leasing Standards and Procedures) to read as follows: ARTICLE II. AIRPORT WEST COMMERCE PARK LEASING STANDARDS AND PROCEDURES Section 1-16.2-7 Purpose. The purpose of developing the Airport West Commerce Park is to generate revenue for the St Lucie County International Airport in accordance with Federal Aviation Administration and Florida Department of Transportation grant assurances by providing economic development opportunities for companies interested in locating in St. Lucie County. Section 1-16.2-8 Competition and Qualification Standards. In order to expand economic development at the Airport West Commerce Park the Board of County Commissioners may either (1) bid and award leases on a competitive sealed bid or proposal basis' or (2) determine to waive the process of obtaining competitive sealed bids or proposals and award a lease to a companx that is a targeted industry meeting the criteria set forth in Section 1-7.55-1(d)(1) or Section 1-7.55-1(d)(2) of the St. Lucie County Code of Ordinances that will in the opinion of the Board, significantly enhance economic activity in St. Lucie County. Section 1-16.2-9 Bid/Proposal Waiver Procedure. In the event the Board determines to consider waiving the competitive bid or proposal process, the Board shall: ~ Publish a notice in a newspaper of general circulation in St. Lucie County at least ten (10) days before the Board's regular meetincLat which the bid or proposal waiver will be considered The notice shall identify the nature of the proposed bid or proposal waiver' and shall identify the County off ice where copies of the draft resolution S*r~#kNeagk+ passages are deleted. Underlined passages are added. -2- A y providing for the bid or proposal waiver may be reviewed or obtained. The notice shall also provide the time and manner for persons making objections in writing or otherwise. Consider the proposed waiver as a regular (non-consent) agenda item at a regularly scheduled Board meeting. Although the item is not a public hearing, interested members of the public may comment on the item during general public comment or at the time the item is presented. t'c Adopt a resolution specifying the basis for the competitive bid waiver in the event the Board determines to grant the waiver. Section 1-16.2-10 Information on Available County Property. Information on property that is available for lease at the Airport West Commerce Park may be obtained from the County's Airport Director. Section 1-16.2-11 Negotiation Procedures. The County Administrator or designee shall negotiate all leases at the Airport West Commerce Park and shall develop appropriate negotiation procedures. Section 1-16.2-12 Consistency with Comprehensive Plnn and Lnnd Development Regulations. The lease of property in the Airport West Commerce Park must be consistent with the County's Comprehensive Plan and land development regulations. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be ~j°••~'--,"„r-~gkt passages are deleted. Underlined passages are added. -3- inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect on the date of adoption. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis Aye Vice Chair Charles Grande Aye Commissioner Doug Coward Aye Commissioner Chris Craft Aye Commissioner Chris Dzadovsky Aye PART G. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. ugh passages are deleted. Underlined passages nre added. -4- p PASSED AND DULY ADOPTED this 6t" day of October, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLQ~RIDA f ~ ~ f. e . BY Chnir r ~ ~ ; Y I ~G yy S' y, R4' ~ iT ~1 C ~~f : ~ ' APPROVED AS TO FORM AND M- ~w ~'"u CORRECTNESS: a i 5~ r ~ ~~J~;~q~~~ BY: ~c~.r ~~-County Attorney s:\atty\ordinance\2009\09-028.doc Rev. 10.05.09 ««°••~gk+ passages are deleted. Underlined passages nre ndded. -5-