HomeMy WebLinkAbout4621 Creation of Sanford Marina FundOrdinance No. 2021-4621
An ordinance of the City of Sanford, Florida providing for the creation
and management of the Sanford Marina Fund from which capital and
other improvements and repairs to the Sanford Marina may be funded;
providing for City management of the Sanford Marina; providing for
implementing actions and the adoptions of rules and regulations;
providing for conflicting ordinances and provisions of ordinances;
providing for a savings provision; providing for severability; providing
for codification and providing for an effective date.
Be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts the City staff's
agenda memorandum relating this Ordinance as indicative of its legislative intent.
(b). There are about 2,000 marinas operating in Florida today and hundreds of
thousands of boaters use Florida's natural water resources every day. The Marine
Industries Association of Florida, boating in Florida impacts the State as a water intensive
industry that includes marinas, boatyards and boaters which generates about $10 billion
dollars of economic activity annually. A part of the management of the Sanford Marina, the
City should engage in activities such a clean marina action plan, assessments of Sanford
Marina environmental measures, the development and implementation of best
management practices and an annual self-assessment relative to facility operations and
fiscal matters The City should ensure that the Sanford Marina operates in a way that
benefits the citizens of the City and in accordance with City -established policies, rules,
regulations and guidelines are effectively used in the administration of the program under
which the Sanford Marina is managed in a competent manner in the public interest.
(c). The City of Sanford has complied with all requirements and procedures of
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Florida law in processing and advertising this Ordinance.
Section 2. Creation of Sanford Marina Fund.
(a). There is hereby established and created a Sanford Marina Fund which Fund
shall be utilized and expended only for the purposes of activities and programs associated
with the Sanford Marina, such as, but not limited to, capita and other improvements and
repairs, as determined by the City Commission or the City Manager, or designee, from
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(b). Funds deposited into the Sanford Marina Fund shall initially derive from all
funding sources as may be available as determined by the City Manager from time -to -time.
(c). The City shall actively seek grants from governmental and other agencies
and entities for the benefit of the Sanford Marina.
Section 3. Implementing Administrative Actions; Rules and Regulations.
(a). The City Manager, or designee, is hereby authorized and directed to
implement the provisions of this Ordinance and to take any and all necessary
administrative actions to bring into effect the provisions of this Ordinance including, but not
limited to, the actions of the City's Finance Director relating to auditing and accounting
matters in accordance with sound and generally accepted, or mandated, fiscal and
financial management practices and principles.
(b). Further, in order to effectively manage and utilize the Sanford Marina, the
City Manager shall promulgate rules and regulations that are enforceable as a violation of
this Ordinance which pertain, as a minimum, to adherence to directives issued by the City,
conducting all activities within the Sanford Marina in compliance with the current applicable
Unite,:: 'i States Coast Guard navigation and all State and County requirements, the
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regulation c' commercial operations and business venture (by way of example only
charters, rentals, Airbnb and the like), report of accidents, insurance requirements amounts
of liability are determined upon evaluation by the City risk management personnel, vessel
and non -vessel storage, hours of operation, advertising and displays, signage, boat
owners' and Sanford Marina users responsibilities, maintenance requirements,
environmental pollution and sanitation, animals, lost and found or abandoned property,
rules of conduct, fire and safety, and fueling and fuel dock procedures.
Section 4. Conflicts/Repealer.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 5. Savings.
The prior actions of the City of Sanford relating to the funding and implementation of
Sanford Marina and the activities and programs of the City as well as all related actions
and projects are hereby ratified and affirmed.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined to
be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or
impair the validity, force or effect of any other section, sentence, phrase, word, or portion of
this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional.
Section 7. Codification.
The provisions of Sections 1, 2 and 3 of this Ordinance shall be codified in the City
Code of the City of Sanford. The Code Codifier is granted broad and liberal authority to
change section numbers in the current City Code and take other appropriate actions as set
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forth in Section 1 -10 of the City Code, as well as to correct Scriveners errors that may
occur in processing and publication. The remainder of this Ordinance shall not be codified.
Attest:
Section 8. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 27th day of September, 2021.
City Commission of the City of
For and reliance of�thf(
City Commission only.
Approved as to form and legality.
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CITY COMMISSION MEMORANDUM 21-193
SEPTEMBER 27,2021 AGENDA
To:
PREPARED BY:
SUBMITTED BY:
SUBJECT:
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Item No. 9
Honorable Mayor and Members of the City Commission
Tom George,Deputy (;fx7 NAnnn
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Norton N. Bonaparte, Jr., ICMA-Cl
Ordinance No. 2021-4621; Creation
STRATEGIC PRIORITIES:
Unify Downtown & the Waterfront
Promote the City's Distinct Culture
Update Regulatory Framework
Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Fund
An ordinance establishing the Sanford Marina Fund from which capital repairs and improvements
may be funded has been prepared and approval is requested.
FISCAL/STAFFING STATEMENT:
Funds deposited into the Sanford Marina Fund shall initially derive from all funding sources as
may be available as determined by the City Manager and the City Commission. The City shall also
actively seek grants from governmental and other agencies and entities for the benefit of the
Sanford Marina. All future revenues resulting from the operation of the Marina including all
subleases will be deposited in this account.
BACKGROUND:
Revenues generated by the current lease agreement cannot support overdue maintenance and repair
needs in the Sanford Marina. Additionally, major repairs or replacement of at least two of the six
floating dock structures are necessary. The current lease agreement yields revenues to the City of
approximately $22,000 annually while immediate infrastructure capital needs are estimated to be
between one and $2,000,000. The failing infrastructure renders sections of the Sanford Marina as
unusable resulting in an even greater reduction in revenue available for capital improvements.
A needs and condition assessment is currently underway to enable staff to bring a list of needed
improvements and cost estimates to the City Commission for consideration and approval.
Creation of this fund is the first step in establishing a dedicated fund to deal solely with the needs
of the Sanford Marina. Additional actions are in motion to realize the true potential of this
exceptional asset on the City's lakefront and to generate revenues equal to its value.
The proposed Ordinance also provides for a mechanism to administer the Sanford Marina in
accordance with sound and generally accepted public management practices and principles.
LEGAL RF-vipw:
The City Attorney's office prepared this Ordinance.
The City Commission approved the first reading of Ordinance No. 4621 on September 13, 2021.
The City Clerk published notice of the 2nd Public Hearing on the Sanford Herald on September 26,
2021.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2021-4621.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2021-462 L"
Attachment: Ordinance No. 2021-4621.