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Home My WebLink About04-017ORDINANCE NO. 04-017 AN ORDINANCE AMENDING ARTICLE III, HISTORICAL COMMISSION, CHAPTER 1-16, PLANNING, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-16- 42 ("ORGANIZATION") TO REDUCE THE MEMBERSHIP OF THE ST. LUCIE COUNTY HISTORICAL COMMISSION, CLARIFY THE QUORUM REQUIREMENT, AND PROVIDE FOR MEMBERS TO SERVE FOUR (4) YEAR TERMS; AMENDING SECTION 1-16-45 ("COLLECTION OF DATA, ETC.") TO RECOGNIZE THE TRANSFER OF THE RESPONSIBILITY FOR THE COUNTY'S MUSEUMS TO THE CULTURAL AFFAIRS DIRECTOR; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION. WHEREAS, Section 125.01(1)(0, Florida Statutes, authorizes a board of county commissioners to establish a county historical commission; WHEREAS, on May 1, 1984, the Board of County Commissioners adopted Ordinance No. 84-05 which created the St. Lucie County Historical Commission; and, WHEREAS, it is appropriate to amend Section 1-16-42 to reduce the membership of the Historical Commission and provide for a quorum of fifty percent (50%) plus one in order to provide for more efficient and effective operations by the Historical Commission; and, WHEREAS, it is further necessary to amend Section 1-16-45 to recognize the transfer of responsibility for the County's museums to the Cultural Affairs Director. Struck t,hrough words are deleted; underlined words are added. ~ z E::z. z m ,-, ~ .-t- r.-..2 z o t'...2 r'm -1-1 I'..D ~ mc=i; I-o --I Z }-.4 r'r'l Z --,r.: NOW THEREFORE, BE IT ORDAINED bythe Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE III, HISTORICAL COMMISSION, CHAPTER 1-16, PLANNING, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-16-42 ("ORGANIZATION") AS FOLLOWS: Section 1-16-42. Organization. (a) Composition, qualification of board of directors. The board of directors of the historical commission shall be composed of the following members. Five county commissioner shall appoint one member to the board of directors. Additional members shall be the president of the St. Lucie Historical Society or his designee, the president of St. Lucie Village Heritage or his designee, a representative of the White City Improvement Club representing the historical group of White City, a representative from the City of Port St. Lucie Historical Group representing the City of Port St. Lucie, a ~ Southeast Florida ~chaeological Society, a ,~,~.~,~ ~, the large recommended by the other ~ members of the historical commission and appointed by the board of county commissioners. Only one (1) member ~om a hmily may be appointed. Family is defined as husband, wife, ~andparents, parents, stepparents, brothers, stepbrothers, half-brothers, sisters, stepsisters, half-sisters, children and stepchildren. In selecting citizens to se~e on the board of directors of the historical Struck through words are deleted; underlined words are added. commission, the board of county commissioners may consider the recommendations of the historical commission, if any, and the interest and documented knowledge of such citizens in the history, cultural lore and development of the county. (b) Appointment of members of the board of directors; terms; vacancies; failure to attend meetings. The appointments to the board of directors of the historical commission shall be as follows: The te~ of members appointed by individual county commissioners shall coincide with the te~ of the commissioner making the appointment. The remaining members shall be appointed for te~s of four (4) years. With the exception of members appointed to fill vacancies as provided herein, each member's te~ shall begin on December first of the year of his appointment. Members may se~e more than one (1) te~ if reappointed, but no member shall be reappointed for more than two (2) consecutive te~s. Provided, however, when a county commissioner leaves office prior to the end of this te~, his successor may replace the member appointed by him with an individual of his choosing who shall complete the unexpired te~ of the replaced member. Upon reelection to another words are deleted; underlined words are added. term, a county commissioner shall determine whether to reappoint the individual or replace him with another individual of his choosing. Appointments to fill any vacancy on the historical commission shall be for the remainder of the unexpired term of office. If any member fails to attend three (3) successive meetings without cause and without prior approval of the chairman, the historical commission shall declare the member's seat vacant. Any member of the historical commission may be removed by the board of county commissioners at any time provided, however, that before such removal said member shall be provided written charges and given an opportunity to appear in his defense at a public meeting. Upon removal of a member or vacancy created by a member's resignation or declaration of the historical commission, the member's respective appointing body shall immediately replace him with another appointee. k, kJllillll3blkJil IIId.,V ~3LdUlltmll d LI~I[.,[I III~IIIUUI;3111IJ IJikJ~ldlll ~-" [Ii~c~ 1_-'_,____' __1 ........ _' ___' _.. ~ Quorum. The presence of,,v~---- t-,J'~' oi- naoi-e fifty percent (50%) plus one of the members shall constitute a quorum of the Historical Commission. A quorum shall be required for the Historical Commission to conduct any official business. PART B. ARTICLE III, HISTORICAL COMMISSION, CHAPTER 1-16, PLANNING, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-16-45 ("DUTIES - COLLECTION OF DATA, ETC.") AS FOLLOWS: Section 1-16-45. Duties - Collection of data, etc. The historical commission shall encourage the collection, arrangement, recordation, and preservation of historical material and data, including books, pamphlets, maps, charts, manuscripts, family histories, United States Census records, papers, and other objects and material illustrative of and relating to the history of the county and of Florida. The historical commission shall procure and preserve narratives and material of every description relative Struck :l-.rc, ugh words are deleted; underlined words are added. to the history of St. Lucie County and of Florida for deposit at museums owned and/or operated by St. Lucie County. The historical commission shall obtain the approval of the ,~,,,~ o~ w,~,~ ,~m...,,,~L~,~ Cultural Affairs Director or his designee prior to the deposit of any narrative or material at any museum owned and/or operated by the county. PART C. CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, 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 D. SEVERABILITY 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 circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART E. APPLICABILITY OF ORDINANCE This ordinance shall be applicable in the unincorporated areas of St. Lucie County, Florida. PART F. FILING WITH DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. EFFECTIVE DATE This ordinance shall take effect upon filing with the Department of State. PART H. ADOPTION After motion and second, the vote on this ordinance was as follows: o°truck ti-. c, agh words are deleted; underlined words are added. Chairman Paula A. Lewis AYE Vice Chairman John D. Bruhn AYE Commissioner Doug Coward AYE Commissioner Frannie Hutchinson AYE Commissioner CliffBarnes ABSENT PART I. CODIFICATION Provisions of this ordinance shall be incorporated in the County Code 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 C to I shall not be codified. PASSED AND DULY ADOPTED this 16th day of March, :2004. ' '~4?,~,,-,?','-BOARD OF COUNTy. CO~{MISSiONER~ ATTESJ~///~/ g:\atty\ordnance\2004\04-017.wpd words are deleted; underlined words are added.