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HomeMy WebLinkAbout05-028 Œopv it)'. Eþ(¥1 Ag(\(" . At1(l') FÚ1 \ m112> Flort- ORDINANCE NO. 05-028 AN ORDINANCE CREATING CHAPTER 1-16.75, "TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY", TO ESTABLISH THE TREASURE COAST EDUCATION RESEARCH AND DEVELOPMENT AUTHORITY, AN INDEPENDENT RESEARCH AND EDUCATION DEVELOPMENT AUTHORITY, WITHIN ST. LUCIE COUNTY; CREATING SECTION 1-16.75-1 "DECLARATION AND FINDING OF NEED"; CREATING SECTION 1-16.75-2 "CONSTRUCTION" ; CREATING SECTION 1-16.75- 3 "AUTHORITY CREATED; MEMBERSHIP AND QUALIFICATIONS"; CREATING SECTION 1-16.75-4 "CONDUCT OF BUSINESS; MEETINGS; RULES OF PROCEDURE"; CREATING SECTION 1-16.75-5 "FUNCTIONS"; CREATING SECTION 1-16.75-6 "POWERS AND DUTIES"; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. ;;oOJJcnm m;;or-þC 0gmz:E o .-t- ;;0 N Z º;><;a>r-s: Z N '" c:. 0~~~~ iA"-IUI ,.. "'-coo.=< ~~~g~ ~Ñ~o Ul8-<r- NUl m UI", ;:0 ,:,,;; " ~~ 0 œi::j on 0)::0 -t gs: ffi ~ ~ ~ ;:0 o 0 ;;0 c: o ::¡ Z 0 o c: ~ WHEREAS, Part V of Chapter 159, Florida Statutes, authorizes a county to create an Education Research and Development Authority for the purposes of fostering economic development and broadening the economic base of St. Lucie County and to exercise all powers conferred by that Chapter; and, WHEREAS, the exercise of such powers has been declared by Part V of Chapter 159, Florida Statutes, to constitute an essential public purpose and function; and, " WHEREAS, the economic development of St. Lucie County would be enhanced and the economic base broadened by the creation of a Research and Development Authority for the purposes of developing, operating, managing and financing a research and development park; and, WHEREAS, the State of Florida Board of Governors has issued a resolution approving in concept the creation of a research and development park to be affiliated with the University of Florida; and, Strucl< thr6ugh passages are deleted. Underlined passages are added. WHEREAS, the St. Lucie County Board of County Commissioners has passed Resolution No. 05-080 approving the research and development authority and the membership. WHEREAS, the University of Florida has indicated an intention to affiliate with a research and development park at sites to be located in St. Lucie County, so as to facilitate a cooperative exchange of ideas and resources between research personnel, students and faculty, and citizens of the community; and, WHEREAS, the Board of County Commissioners of St. Lucie County desires to foster the creation of new knowledge, to provide for the educational needs of industry, to increase the economic bases of the community, and to enhance the quality of life for citizens of St. Lucie County; and, WHEREAS, Section 159.703, Florida Statutes, requires that an ordinance be adopted by the governing body of any county proposing to establish a Research and Development Authority. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Creation of Chapter 1-16.75 (Treasure Coast Education. Research and Development Authority). Chapter 2-19 of the Code of Ordinances of St. Lucie County. Florida. is hereby created to read as follows: Section 1-16.75-1. Declaration and finding of need. The Board declares that there is a need for a research and development authority in St. Lucie County for the purposes set forth in F.S. § 159.701 and finds that there exists a need for the development and financing of one or more research and development parks. Section 1-16.75-2. Construction. This chapter shall be liberally construed to affect the purposes for which it was enacted. In addition. this chapter shall be construed so as to permit the full exercise of the powers and performance of the functions granted and authorized by F.S. ch. 159. pts. II and V. except otherwise limited by the provisions of this chapter. Strucl< thr6ugh passages are deleted. 2 Underlined passages are added. Section 1-16.75-3. Authority created; membership and qualifications. (g) There is hereby created and established a public body corporate and politic to be known as the Treasure Coast Education. Research and Development Authority (hereinafter known as the" Authority"), fQ} The membership of the Authority. its qualifications and method of appointment. reappointment and removal shall be as prescribed in F.S. § 159.703 and by resolution approved by St. Lucie County Board of County Commissioners. Section 1-16.75-4. Conduct of business; meetings; rules of procedure. The Authority shall conduct its business and its meetings and shall promulgate such rules and procedures. as necessary. pursuant to the provisions specified in F.S. §§ 159.701-- 159.7095. The Authority shall meet with the St. Lucie County Board of County Commissioners bi-annually to discuss goals. objctives and to resolve any issues. Section 1-16.75-5. Functions. The Authority shall perform all of its functions throughout St. Lucie County as required of a Development and Research Authority pursuant to F.S. §§159.701 -- 159.7095. Section 1-16.75-6. Powers and duties. The Authority shall exercise all of the powers and duties as specified in F.S. § 159.705. sub ject to the limitations contained therein. and the exercise of those powers and duties shall be deemed and held to be the performance of essential public purposes and functions. In the exercise of these public purposes and functions. the Authority shall at all times conduct its business in accordance with requirements of F.S. ch. 159. or as otherwise required by law. PART B. 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 inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Strucl< thr6ugh passages are deleted. 3 Underlined passages are added. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft AYE AYE AYE AYE 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 E shall not be codified. PASSED AND DULY ENACTED this ~3 day of OJL~ 2005.' I . ....,.-.. ; ,"~.",,.¡"--, f¡/ .,.;;-. <~< --., ,- ' ,.. ", Strud< threugh passages are deleted. 4 Underlined passages are added.