ORDINANCE NO. 2023-03  AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF JUPITER INLET COLONY, FLORIDA, ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN TO AMEND THE CAPITAL IMPROVEMENTS ELEMENT IN ORDER TO UPDATE THE TOWN'S FIVE YEAR SCHEDULE OF CAPITAL MPROVEMENTS; BY FURTHER AMENDING ITS COMPREHENSIVE PLAN TO ADOPT A NEW PROPERTY RIGHTS ELEMENT IN ORDER TO RESPECT JUDICIALLY ACKNOWLEDGED AND CONSTITUTIONALLY PROTECTED PROPERTY RIGHTS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AND OTHER AGENCIES AS REQUIRED BY LAW; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND  FOR OTHER PURPOSES  WHEREAS, pursuant to Section 163.3177(3), Florida Statutes, the Town is required to review the capital improvements element of its Comprehensive Plan on an annual basis and modify the same in order to maintain an updated five-year schedule of capital improvements; and WHEREAS, the Town has duly performed such function, and attached as Exhibit "A"is WHEREAS, Section 163.3177(3)(b), Florida Statutes, provides that annual updates to the Town's capital improvement schedule may be accomplished by ordinance and may not be  the annual update to the five-year schedule of capital improvements; and  deemed to be amendments to the local Comprehensive Plan; and  WHEREAS, pursuant to Section 163.3177(i), Florida Statutes, each unit of local government is required to amend its Comprehensive Plan in order to adopt a Property Rights Element in order to respect judicially acknowledged and constitutionally protected property  rights; and  WHEREAS, a proposed Property Rights Element, including goals, objectives and WHEREAS, on November 13, 2023, the Town Commission, sitting as its Local Planning Agency, voted to recommend approval of the proposed Comprehensive Plan amendments  policies, is shown on attached Exhibit "B"; and  referenced above; and    WHEREAS, Section 163.3184, Florida Statutes, requires that the Comprehensive Plan be NOW, THEREFORE, BE IT ENACTED BY THE TOWN COMMISSION OF THE SECTION1. The foregoing Recitals are hereby ratified as true and correct and SECTION2. The Town of Jupiter Inlet Colony Comprehensive Plan is hereby amended by adopting a new Table 2 to its Capital Improvements Element in order to adopt an updated five-year schedule of capital improvements as shown on attached Exhibit "A." Table 3 (Long Range 10-year Schedule of Improvements) of the Capital Improvements Element is hereby deleted. Pursuant to Section 163.3177(3)(b), Florida Statutes, future modifications to update the 5-year capital improvements schedule may be made by ordinance and shall not be deemed  adopted by the governing body of the local government by ordinance. TOWN OF JUPITER INLET COLONY,FLORIDA, AS FOLLOWS:  incorporated herein by this reference.  amendments to the Town's Comprehensive Plan.  SECTION3. The Town of. Jupiter Inlet Colony Comprehensive Plan is hereby amended by the adoption of a new Property Rights Element, including goals, objectives and policies,  which amendment is shown on attached Exhibit "B."  SECTION4. Following first reading of this Ordinance, the Town Clerk shall transmit this Ordinance and appropriate supporting data and analysis to the appropriate reviewing agencies and to any other local government or governmental agency that has filed a written  request with the Town.  SECTION5. Following second reading and adoption of this Ordinance, the Town Clerk shall transmit this Ordinance to the state land planning agency and to any other agency or local  government that provided timely comments to the proposed Ordinance.  SECTION6. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions  oft this Ordinance.  SECTION7. That all ordinances or parts or ordinances, resolutions or parts of resolutions in conflict hereby, be and the same are hereby repealed to the extent of such conflict.  2    SECTION8. This Ordinance shall become effective immediately upon passage and as  further provided by Section 163.3184(3), Florida Statutes.  FIRST READING this  day of  2023. day of  SECOND READING and FINAL PASSAGE this  2023.  TOWN OF. JUPITER INLET COLONKFLORIDA  Mayor Milton J. Block Vice Mayor Mark Ciarfella Commissioner Ed Hocevar Commissioner Marie Rosner Commissioner Richard D. Busto  ATTEST:  Town Clerk, Ivelisse Chico Randazzo  3    TOWN OF. JUPITER INLET COLONY FIVE YEAR CAPITAL IMPROVEMENT PLAN  9/22/2023 $60,000 $50,000 $60,000  ITEM  FY2023/24 FY2024/25 FV2025/26 FY2026/27 FY2027/28  103LHOutfall Mods- Check Valve( (No. 2) Beach Club Oufall Mods- Check) Valve (No. 5) 87/88LHOufall Mods- Check Valve (No. 3) 75/76LHOutfall Mods Check Valve (No. 4) North Walkways Stairs Beacon Road/Drainage! Repairs Misc. Conc. Valley Gutter Repairs Exfiltration' Trench Cleaning/Maint. Misc. Roadway Striping Asphalt Mill/Resurface- Phase1 Asphalt Mill/Resurface- -Phase2 Video Drainage Pipe Misc. Drainge Pipe Repairs (inr roadway) Misc. Drainge Pipe Repairs (between! homes) Road Signage Replacement TOTALS  $75,000  $80,000  $85,000 $25,000 $75,000 $65,000  $10,000  $500,000 $100,000  $170,000 $75,000 $90,000 $250,000 $600,000  EXHIBIT A    PROPERTY. RIGHTS ELEMENT  GOAL  "The Town of Jupiter Inlet Colony shall respect judicially acknowledged and constitutionally Objective A: The Town shall ensure that private property rights are considered in local decision  protected private property rights."  making.  Policy 1:  The following rights shall be considered in local decision making. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any of other person, The right ofthe property owner to privacy and to exclude others from the property to protect the owner's possessions and property. The right of a property owner to dispose of his or her property through  subject to state law and local ordinances.  sale or gift.  EXHIBIT B