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A I I AcFIMENT 2 <br /> City of Vero Beach <br /> 1053 -20th PLACE-P.O. BOX 1389 <br /> VERO BEACH, FLORIDA - 32961-1389 <br /> Telephone: (772)978-4730 0 Fax: (772)978-4733 <br /> OFFICE OF THE _ <br /> CITY ATTORNEY <br /> MEMORANDUM <br /> TO: - Amelia Graves, City of Vero Beach City Council representative to the Indian <br /> River County Beach and Shores Advisory Committee <br /> FROM: Margaret S.Lyon,Assistant City Attorney l) <br /> VIA: <br /> Wayne R. Convent, City Attorney" <br /> RE: Indian River County Beach and Shores Advisory Committee;proposed Army <br /> Corps of Engineers Beach Restoration Study/Project <br /> DATE: October 7,2014 <br /> Per your request and per the request of Deputy County Attorney, Bill DeBraal, this office was <br /> asked to opine on whether a proposed Army Corps of Engineers study of the Sector 5 beach <br /> coast line, lying within the city limits of the City of Vero Beach, for a possible future beach <br /> restoration project would trigger the referendum requirement of Section 2.09 of the City Charter. <br /> The subject City Charter provision reads as follows: <br /> Section 2.09. -Referendum required. <br /> Unless specifically authorized to do so by one or more local binding referendum <br /> elections, the City of Vero Beach shall not on beaches owned by or within the <br /> municipal limits of the City of Vero Beach, directly or indirectly, expend tax <br /> dollars from whatever source (local, state or federal) on beach restoration that <br /> involves the direct or indirect placement of sand on the beach except in the <br /> amount necessary to protect life or property during storms or other natural <br /> disaster. (Emphasis added.) <br /> As background, in 1997, the City passed Ordinance No. 97-07, repealing Articles I and H of <br /> Chapter 75, Beach and Shore Preservation, City Code, to comply with Florida Beach and Shore <br /> Preservations Districts statutes that grant authority to the boards of county commissions of the <br /> various counties "...to carry out the beach and shore preservation program...for their county." <br /> Fla. Stat. section 161.25. In Fla. Stat. section 161.33(2), the Florida legislature expressly <br /> authorizes the statewide boards of county commissioners and the Department of Environmental <br /> Protection to "...receive and accept from any federal agency, <br /> and shore preservation program contemplated bythis � y' grants for or in aid of any beach <br /> P P and further charges each board of <br /> county commissioners in section 161.34 to "....coordinate the work and activity of all districts <br /> established hereunder within the county and to further ensure harmony and consistency with the <br /> overall county beach and shore preservation plan..." <br /> 220 <br />