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Ordinance 2013-68ORDINANCE NO. 2013 - 6 8 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 97 -82, AS AMENDED, WHICH CREATED THE BAYSHORE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT, BY AMENDING SECTION THREE, ENTITLED "PURPOSE AND GOVERNING BODY," TO ALLOW FOR ADDITIONAL RIGHT -OF- WAY IMPROVEMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 16, 1997, the Board of County Commissioners (Board) adopted Ordinance 97 -82, which created the Bayshore Beautification Municipal Service Taxing Unit (MSTU); and WHEREAS, the Board subsequently amended Ordinance No. 97 -82 through its adoption of Ordinance Nos. 98 -15, 98 -29, and 2008 -20; and WHEREAS, the Bayshore Beautification Municipal Service Taxing Unit Advisory Committee has recommended amendments to Section Three in order to allow for additional right -of -way improvements within the MSTU; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO, 97 -82, AS AMENDED. Section Three of Ordinance No. 97 -82, as amended, is hereby amended as follows: SECTION THREE. Purpose and Governing Body. The MSTU is created for the purpose of: 1) providing curbing, watering facilities, plantings and maintenance of the median striff riy,hts -of -way of roadways within the MSTU; and 2) providing traffic calming improvements, street and pedestrian lighting, and sidewalks= Words Underlined are added; Words erruok Through are deleted. Page 1 of 3 driveways and drainage improvements where a health/safety /welfare issue exists or are associated with a beautification project within the MSTU; and identifying the Bayshore community to include directional and way - finding signs, street furniture and associated amenities (benches, trash cans, bicycle racks, informational kiosks, etc.) within the MSTU; and 4) pedestrian and bicycle mobility improvements (multi -modal pathways, boardwalks, scenic pathways, nature walks, enhanced bicycle lanes, enhanced crosswalks and pedestrian bridges associated with such projects; and 3) ) beautification and maintenance of all other public areas within the MSTU as determined by The Bayshore Beautification MSTU Master Plan and by the Advisory Committee. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be come and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Words Underlined are added; Words Stmek Through are deleted. Page 2 of 3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County Florida, this day of�r„���. , 2013. ATTEST: DWIGHT E. BROCK, CLERK By: . ,Q,� Attest a � uty Clerk . . L . Approved s tti A a° FLORIDA DEPARTMENT a STATE RICK SCOTT Governor December 16, 2013 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101 -3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: P) � 0 �: a� KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2013 -68, which was filed in this office on December 16, 2013. Sincerely, Liz Cloud Program Administrator LC /elr Enclosure R. A. Gray Building . 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us