Okaloosa County BOCC — November 1, 2016 — BWB MSBU Ordinance 8.10.16 — reading text

ORDINANCE NO. 2016 ____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA; AMENDING APPENDIX D, ARTICLE LV, SECTION 10, SUBSECTION 5 OF THE OKALOOSA COUNTY CODE OF ORDINANCES ENTITLED “BLUEWATER BAY MUNICIPAL SERVICES BENEFIT UNIT”; AMENDING THE INSURANCE REQUIREMENTS; PROVIDING FOR CODIFICATION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to section 125.01, Florida Statutes, the Board of County Commissioners of Okaloosa County (the “Board”) is authorized to establish a municipal services benefit unit within the unincorporated area of the county; and WHEREAS, the Board previously enacted Ordinance No. 02-16, which created the Bluewater Bay Municipal Services Benefit Unit (the “MSBU”) to provide for certain services and improvements supplemental to those provided by the Okaloosa County or the State of Florida; and WHEREAS, the Board finds it necessary and in the public interest to amend the Ordinance to update and clarify the insurance requirements of the MSBU. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Okaloosa County: SECTION 1. FINDINGS OF FACT. The above recitals are incorporated by reference into this Ordinance and are adopted as Findings of Fact. SECTION 2. AMENDMENT OF APPENDIX D OF THE OKALOOSA COUNTY CODE OF ORDINANCES. Appendix D, Article LV, Section 10, subsection (5) of the Okaloosa County Code of Ordinances is hereby amended as follows: (stricken words indicate deletions, underlined words indicate additions) Section 10 - Use of funds. (5) Insurance requirements. The board of directors, shall purchase and continue in force property, liability, workers compensation (if needed), and other insurance policies to adequately protect against work related injuries, property damage and third party claims. All property and liability policies shall include Okaloosa County, Florida as an additional insured. Certificates of insurance evidencing the type and amount of 1  insurance shall be provided the Board of County Commissioners of Okaloosa County, Florida at least annually. Any claim deductible or other claim cost will be paid from the reserve fund of the MSBU district. To the extent the MSBU district has no property or employees which would be protected from the provision of insurance, then they may seek an waiver from this requirement for those particular types of insurance policies for which there is no need. This waiver request shall be subject to the approval of Risk Management and the County Administrator. SECTION 3. CODIFICATION IN THE CODE OF ORDINANCE. It is the intention of the Board and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Okaloosa County Code of Ordinances and that the sections of this Ordinance may be renumbered to accomplish that intent. SECTION 4. SEVERABILITY. Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid. SECTION 5. EFFECTIVE DATE. This Ordinance, upon adoption, shall be filed with the Secretary of State within ten (10) days and shall become effective upon filing. PASSED AND ADOPTED in Regular Session this ____ day of _____________, 2016. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY ATTEST: J.D. Peacock, II Charles K. Windes, Jr. Clerk and Comptroller Chairman APPROVED AS TO FORM: Gregory T. Stewart County Attorney 2