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4621 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 $10 billion dollars of economic activity annually. A part of the management of the Sanford Marina, the City should engage in activities such a clean marina action plan, assessments of Sanford Marina environmental measures, the development and implementation of best management practices and an annual self-assessment relative to facility operations and fiscal matters The City should ensure that the Sanford Marina operates in a way that benefits the citizens of the City and in accordance with City -established policies, rules, regulations and guidelines are effectively used in the administration of the program under which the Sanford Marina is managed in a competent manner in the public interest. (c). The City of Sanford has complied with all requirements and procedures of 1 11-1 a g e Florida law in processing and advertising this Ordinance. Section 2. Creation of Sanford Marina Fund. (a). There is hereby established and created a Sanford Marina Fund which Fund shall be utilized and expended only for the purposes of activities and programs associated with the Sanford Marina, such as, but not limited to, capita and other improvements and repairs, as determined by the City Commission or the City Manager, or designee, from Rrfll�$ MW (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 2 1 F�:' a 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 3 1 Page 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. IBM &A491 F0 4, 1Z171 "a 7 1 4 1 Fl ,'i g e CITY OF r— I L��J 11'�b 200 ED SkNFORD FLORIDA CS CITY COMMISSION MEMORANDUM 21-193 SEPTEMBER 27,2021 AGENDA To: PREPARED BY: SUBMITTED BY: SUBJECT: WS —RIM X Item No. 9 Honorable Mayor and Members of the City Commission Tom George,Deputy (;fx7 NAnnn F J 5-r 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.