PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING SECTION 71.73.A GENERAL ORDINANCES, MARTIN COUNTY CODE, TO AMEND THE LEGAL DESCRIPTIONS OF THE BOUNDARIES OF DISTRICTS ONE, TWO AND THREE MUNICIPAL SERVICE TAXING UNITS (MSTU)
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EXECUTIVE SUMMARY:
executive summary
On January 25, 2022, the Board of County Commissioners (the Board) adopted Ordinance 1174 that amended Section 71.73.A. General Ordinances, Martin County Code, which set forth the Commission Municipal Service Taxing Unit (MSTU) boundaries to make the Commission MSTU boundaries coterminous with the Commission District boundaries amended by Resolution No. 21-12.22. The adopted legal descriptions included in the ordinance should not have included the incorporated municipalities.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Samantha Lovelady, AICP
Title: Principal Planner
REQUESTED BY: Don Donaldson, P.E., CFM, County Administrator
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
None
ISSUES:
Staff requests that the Board conduct a public hearing to consider adoption of the attached ordinance amending Section 71.73.A General Ordinances, Martin County Code to amend the Commission MSTU to remove the incorporated municipalities. Districts Four and Five do not have any municipalities and therefore are not being amended.
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the Ordinance amending Section 71.73.A General Ordinances, Martin County Code which sets forth revised Commission MSTU boundaries, removing the incorporated municipalities.
ALTERNATIVE RECOMMENDATIONS
Provide staff direction.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.