The URL can be used to link to this page

Home My WebLink About02-024ORDINANCE NO. 02-24 AN ORDINANCE AMENDING CHAPTER 1-4.5 (ART) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-4.5-1 (DEFINITIONS) TO DELETE BEACH RESTORATION PROJECTS FROM THE DEFINITION OF "CAPITOL PROJECT" AND EXCLUDE THE ST. LUCIE COUNTY EROSION DISTRICT AND THE ST. LUCIE COUNTY MOSQUITO CONTROL FROM THE DEFINITION OF "COUNTY"; FURTHER AMENDING SECTION 1- 4.5-1 BY AMENDING THE DEFINITION OF "ELIGIBLE PROJECT COSTS" TO EXCLUDE FUNDS CONTRIBUTED BY THE ST. LUCIE COUNTY EROSION DISTRICT AND/OR THE ST. LUCIE COUNTY MOSQUITO CONTROL; 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, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On July 6, 1999, the Board adopted Ordinance No. 99-07 which established an Art in Public Places Program for eligible County capital projects and transportation capital projects. 2. On August 15, 2000, the Board adopted Ordinance No. 00-30 which amended Ordinance No. 99-07 to limit eligible transportation capital improvement projects to those costing more than fifty thousand and 00/100 dollars ($50,000.00). 3. Although the use of their funding sources, including ad valorem taxes, are limited by statute and special act, the St. Lucie County Erosion District and St. Lucie County Mosquito District are dependent taxing districts of the St. Lucie County and the Board sits as their governing bodies. 4. It is necessary to amend Section 1-4.5-1 (Definitions) to clarify that capital projects funded by the St. Lucie County Erosion District and the St. Lucie County Mosquito Control District are not subject to County Art in Public Places Program. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: words are deleted; underlined words are added. PART A. AMENDMENT OF SECTION 1-4.5-1 (DEFINTIONS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS Section 1-4.5-1 (Definitions) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended to read as follows: Sec. 1-4.5-1. Definitions. For the purposes of this article, the following words or terms are defined as follows: Artwork means works in a variety of media produced by professional visual artists. Works may be permanent, temporary, or functional. Board means the Board of County Commissioners for St. Lucie County, Florida. Capitalproject means any county capital improvement project costing more than fifty thousand dollars ($50,000.00) and paid for wholly or in part by funds appropriated by St. Lucie County to construct or renovate any park, beach restoration, above grade utility, and to construct or renovate any building, except a detention facility. County means St. Lucie County, Florida. For the purposes of this article, the St. Lucie County Erosion District and the St. Lucie County Mosquito Control District are specifically excluded from the definition of "County". Council means the St. Lucie County Cultural Affairs Council. Eligible construction costs means the total project appropriation of county funds for an eligible project, including engineering and design, but not including demolition costs, equipment costs except for the cost of custom designed equipment or equipment that creates a new use for a building or facility, real property acquisition costs, impact fees, enterprise funds, funds contributed by the St. Lucie County Erosion District and/or the St. Lucie County Mosquito Control District, and soil remediation costs. Equipment costs means, for the purposes of the public art/design and transportation enhancement project calculation, those costs for the acquisition of mechanical equipment of standard manufacture. Master plan means a manual of criteria for the selection of sites and artwork and transportation enhancement projects for public capital and transportation facilities to be developed by the council with public input and approved by the board prior to its implementation. This manual shall also provide for a comprehensive program for art in public places which shall include the display of loaned art in appropriate public buildings. words are deleted; underlined words are added. Renovation means a capital project or transportation capital project which is a major redesign ora facility or system or a portion of a facility or system which is included in the county's capital budget and which requires a building permit from the appropriate governmental jurisdiction. Renovation shall also include a capital project or transportation capital project which is an expansion or upgrading the capacity of facility or system, enlarging the facility, or creating new use for the facility. It shall not include repairs, maintenance, installation of mechanical equipment, or modifications required solely for ADA compliance. Transportation capitalproject means any county capital transportation improvement project costing more than fifty thousand dollars ($50,000.00) and paid for wholly or in part by funds appropriated by St. Lucie County ton construct or renovate any highway or arterial, bridge or causeway, sidewalk, or bikeway, aviation-related, or any road beautification project. Transportation enhancementproject means one (1) or more of the following projects, prioritized in the following order: (1) (2) (3) (4) (5) (6) Visual enhancement of facilities for pedestrians and bicycles. Scenic or historic highway programs, including the provision of tourist and welcome center facilities. Landscaping and other scenic beautification projects. Historic preservation. Rehabilitation and operation of historic transportation buildings, structures, or facilities, including historic railroad facilities. Preservation of abandoned railway corridors, including the conversion and use thereof for pedestrian or bicycle trails. Trust fund means the art in public places trust fund created pursuant to this article and shall include all gifts and donations deposited in the trust fired. 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 inapplicable to 3 words are deleted; underlined words are added. any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or cimumstance. PART D. FILING WITIt TItE 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. This ordinance shall take effect upon adoption. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward Vice Chairman CliffBames Commissioner Frannie Hutchinson Commissioner Paula A. Lewis Commissioner John D. Bruhn 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 G shall not be codified. PASSED AND DULY ADOPTED this 17th day of September, 2002. ATTEST: BOARD OF COUNTY COMMISSIONER~ ST. LUCIE COUNTY, FLORIDA BY: Chairm~n / , 4 Sm:'c?bzougk words are deleted; underlined words are added. APPROVE~ AS TO FORM.~D BY: g:\atty\ordnance~2002\02-24.doc words are deleted; underlined words are added.