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FF -JAN 1 ,2 IA7 <br />BOOK <br />66 <br />ra y. 946 <br />year that could be <br />used for this, and perhaps we could <br />make <br />a <br />contract contingent on that money being available which would <br />give us 6 months or so to fish or cut bait. <br />Commissioner Wheeler wanted to purchase -the property if we <br />can find the money, and Commissioner Bird suggested that Director <br />Thomas be instructed to respond back to them that we do have an <br />interest and request time to look at some funding possibilities. <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Wheeler, the Board unanimously <br />authorized Director Thomas to continue to negotiate <br />the price of this property and check further into <br />funding possibilities. <br />DISCUSSION RE RAILROAD HORN ORDINANCE <br />The Board reviewed the following memo dated 1/7/87: <br />TO: The Board of County Commissioners <br />DATE: January 7, 1987 <br />SUBJECT:_ Road Horn Ordinance <br />FROM:' s an Wilson <br />A istant County Attorney <br />The Cities of Vero Beach and Sebastian have adopted <br />ordinances to exclude themselves from the operation of. the <br />above -referenced County ordinance. Therefore, I am prepared <br />to authorize the Traffic Division to post the appropriate <br />warning signs at the railroad crossings thereby making this <br />ordinance effective. <br />Shortly after hearing that the Cities had adopted their <br />ordinances on this subject, I met with the attorney for the <br />FEC, Paul Ri sner, and with the City Attorneys for the City <br />of Vero Beach and Sebastian. At that meeting, Mr. Risner <br />advised us that the FEC had decided to challenge the statute <br />authorizing our ordinance on constitutional grounds. To set <br />up the case, the FEC will instruct their engineers to <br />deliberately violate our ordinance and force criminal <br />charges to be filed against the engineers. The FEC will <br />then claim that 'the criminal charges are invalid based upon <br />an unconstitutional statute and will attempt to litigate <br />this matter in the appellate courts. Their apparent <br />intention is to do away with all simiIiar ordinances that <br />ha�+e been passed in this state. <br />I will keep you advised on all developments in this matter. <br />If you have any questions or comments, please do not <br />hesitate to contact me. <br />98 <br />