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Backup Documents 03/11/2014 Item #17E 1 7 E COLLIER COUNTY FLORIDA i• ��� REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS • y To: Clerk to the Board: Please place the following as a: -f)t , °v‘� ! ' XXX Normal legal Advertisement ❑ Other: (Display Adv., location,etc.) Originating Dept/Div County Attorney Person:Jeffrey A.Klatzkow,County Attorney Date: February 24,2014 Petition No.(If none,give brief description): EMMct=Ordinances Petitioner: (Name&Address): N/A 0 Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) March 11,2014,(ad to run no later than FRIDAY,February 28,2014)NOTE: Use plural"Ordinances"throughout the ad. Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News ❑ Other XXX Legally Required Proposed Text: (Include legal description&common location&Size: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO BE KNOWN AS THE NATURAL GAS FRANCHISE ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR NATURAL GAS FRANCHISE REQUIREMENTS TO CONSTRUCT, OPERATE AND MAINTAIN NATURAL GAS FACILITIES OVER, UNDER OR UPON THE PUBLIC RIGHTS-OF-WAY OF COLLIER COUNTY; CREATING A NATURAL GAS FRANCHISE AGREEMENT; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY,CODIFICATION AND AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS," IN ORDER TO MODIFY PROVISIONS RELATING TO THE PRESENTATION OF MATTERS PLACED ON THE OFFICIAL AGENDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any&proposed hearing date: N/A Does Petition Fee include advertis.•: ost?❑Yes XXX No If Yes,what account should be charged for advertising costs: PO#4500146839 Revie zd . ' ' 4dat 1 » pi Divisio I• • Ix,or or Designee D. e List Atta• me s. Proposed Ordinances �, DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: , ' . �11 Date Received: c 1 Li Date of Public hearing: I` - -I-- ,} Date Advertised: a L-I i 4- i 17E ORDINANCE NO.2014- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO BE KNOWN AS THE NATURAL GAS FRANCHISE ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR NATURAL GAS FRANCHISE REQUIREMENTS TO CONSTRUCT, OPERATE AND MAINTAIN NATURAL GAS FACILITIES OVER, UNDER OR UPON THE PUBLIC RIGHTS-OF-WAY OF COLLIER COUNTY; CREATING A NATURAL GAS FRANCHISE AGREEMENT; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the County is a political subdivision of the State of Florida, with all powers necessary to carry on county government, as set forth generally in Article VIII, section 1 of the Florida Constitution and Chapter 125 of the Florida Statutes, and specifically in Chapter 59-1380, Laws of Florida,and has all requisite authority to enact and enforce this Ordinance;and WHEREAS, the County finds that the development of a natural gas system in the unincorporated County has the potential of having great benefit and impact upon the residents of the County and further finds that the public health, safety and welfare can best be served by exercising regulatory powers which are vested in the County with respect to such system;and WHEREAS, the County finds it in the public interest to retain control over the use of public rights-of-way by providers of natural gas to promote planned and efficient use of limited right-of- way space, to protect the public investment in right-of-way property, to prevent interference with the public's use of such rights-of-way, and to promote aesthetic considerations important to the residents of Collier County,and WHEREAS, these rights-of-way are valuable public properties acquired and maintained by the County at great expense to the County's taxpayers, and the right to use the rights-of-way is a valuable property right without which a natural gas utility company would be required to invest substantial capital in property and acquisition costs;and WHEREAS, the County desires to ensure that the County rights-of-way will be used and promptly restored to a safe and secure condition in such manner as to always protect the health, safety and welfare of the citizens and residents of the County;and WHEREAS, the requirement that natural gas utilities obtain a franchise and pay a reasonable, negotiated for franchise fee which is related to the value of the benefits received by natural gas utilities and the expenses incurred by the County in, among other things, maintaining and regulating the use of the public rights-of-way, is fair and equitable to both parties and is duly authorized by the laws of the State of Florida. 1 17E NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA: SECTION ONE: DEFINITIONS The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. "Franchise Agreement"shall mean a non-exclusive privilege granted by the Board to authorize a Natural Gas Utility to provide utility service within the boundaries of Collier County pursuant to this Ordinance. "Natural Gas" shall mean either natural gas in a gaseous state unmixed or a mixture of natural and artificial gas. "Natural Gas Facilities" shall mean works and structures necessary for the supply and distribution of natural gas for domestic, commercial or industrial use, and shall include, but not be limited to, distribution mains, transmission mains, pipelines, meters, plants, equipment, machinery and other property necessary for the supply and distribution of natural gas. SECTION TWO: APPLICABILITY The provisions within this article shall be applicable to and effective in all existing or future Natural Gas Utility providers. This article is intended, and shall be construed, as a direct regulatory measure uniform in application throughout all unincorporated areas of the County. Nothing in this Ordinance shall affect any ordinance of any municipality. SECTION THREE: COLLIER COUNTY NATURAL GAS FRANCHISE AGREEMENT Except as provided for below, following the effective date of this Ordinance, it shall be unlawful for any person or entity owning or operating natural gas facilities to utilize the present and future roads, streets, alleys, bridges, easements, rights-of-way and other public places (collectively, "public rights-of-way") of the County to sell,transport,deliver or distribute natural gas to users in the County, unless authorized to do so by a franchise granted by the County. Any agreement granting a natural gas franchise shall be entered into only after a duly noticed public hearing. The agreement shall address, at a minimum, the term of the franchise, the franchise service territory, and the amount of any franchise fee, and shall require that the franchisee (a) prevent the creation of obstructions or conditions dangerous to the traveling public, (b) repair any damage to the public rights-of-way resulting from the exercise of franchise rights, (c) hold the County, and its commissioners, officers, employees and agents, harmless from any claims or damages resulting from the exercise of franchise rights, and(d)remove or relocate any pipelines or other components of the natural gas facilities at no cost to the County in the event of the widening, repair or reconstruction of the public rights-of-way, in addition to such other provisions which are determined to be reasonably necessary for the protection of the County and the public. 2 17E , Any person or entity presently owning or operating natural gas facilities which utilizes any Collier County public right-of-way shall have until October 1,2014 to come into compliance with this Ordinance. SECTION FOUR: INCLUSION OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be numbered or re- lettered to accomplish such, and the word"ordinance"may be changed to"section", "article", or any other appropriate word. SECTION FIVE: 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 this Ordinance is held to be invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed separate,distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this day of ,2014. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: , Deputy Clerk TOM HENNING,CHAIRMAN I Appro I:ii 4' • m and legality: VI Ir �Iui Jeffrey '1 . zkow,County Attorney 3 17E ORDINANCE NO.2014- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS," IN ORDER TO MODIFY PROVISIONS RELATING TO THE PRESENTATION OF MATTERS PLACED ON THE OFFICIAL AGENDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted Ordinance No. 75-16 which established the time,place and conduct of its meetings; and WHEREAS, subsequent amendments to Ordinance No. 75-16 reflect the evolving practices and procedures relating to the meetings of the Board of County Commissioners; and WHEREAS, through its adoption of Ordinance No. 2011-17, the Board established minimum requirements relating to the placement of back-up material to items on the official agenda following the publication of the agenda; and WHEREAS, the Board desires to further amend Ordinance No. 75-16 so as to allow a Commissioner or the County Manager to offer documents, information, and materials related to an agenda item following publication of the agenda. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED. Section One is hereby amended as follows: 1. Meetings of the Board of County Commissioners: * * * * * * (c) Agenda. There shall be an official agenda for each meeting of the Board, which shall determine the order of business conducted at the meeting. Words Underlined are added;Words StRielE-Thr-etigh are deleted. Page 1 of 3 1 17E , (1) The Board shall not take action upon any matter, proposal, report or item of business not listed upon the official agenda, unless a majority of the Board present consents. (2) The County Manager shall prepare each agenda in appropriate form approved by the Board. Matters may be placed on the agenda by the County Manager, any County Commissioner, the Clerk, the County Attorney, and the constitutional officers. The agenda shall be prepared and distributed not later than four days preceding the regular meeting. (3) Prior to the publishing of the agenda, matters placed on the agenda should include as much supporting documents, information, and materials as is needed to aid the Board in its preparation and deliberation of the agenda item. Documents, information and materials will not be accepted by the Board following publication of the agenda unless offered by a Commissioner or the County Manager. Should additional documents, information and materials be presented to the Board following publication, the Board may, by a majority vote of those present, elect to either continue the agenda item to a future Board meeting, or waive this requirement and hear the matter if it determines that the agenda item is of significant public importance and should not be postponed. (4) All requests for a continuance of an agenda item, including matters advertised for a public hearing, require Board of County Commission approval. No person shall be entitled to rely for any reason upon any assurances that an agenda item or public hearing will be continued. A continuance shall only be granted by an affirmative vote of the majority of the Board Members present. * * * * * * 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 Words Underlined are added;Words Struck Through are deleted. Page 2 of 3 17E 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 become 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this day of ,2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk TOM HENNING,CHAIRMAN Appr•I ed ii,Al i . d legality: -4114 Jeffrey4?• latzkow Count A 14 rney 1 Words Underlined are added;Words Struslchrough are deleted. Page 3 of 3 l 17E Acct #027354 February 25, 2014 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Notice with Two (2) Ordinance Titles Dear Legals: Please advertise the above referenced notice Friday, February 28, 2014, and send the Duplicate Affidavits of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500146839 17E NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on Tuesday, March 11, 2014, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners will consider the enactment of County Ordinances. The meeting will commence at 9 : 00 A.M. The titles of the proposed Ordinances are as follows : AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO BE KNOWN AS THE NATURAL GAS FRANCHISE ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR NATURAL GAS FRANCHISE REQUIREMENTS TO CONSTRUCT, OPERATE AND MAINTAIN NATURAL GAS FACILITIES OVER, UNDER OR UPON THE PUBLIC RIGHTS- OF-WAY OF COLLIER COUNTY; CREATING A NATURAL GAS FRANCHISE AGREEMENT; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. *** AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, " IN ORDER TO MODIFY PROVISIONS RELATING TO THE PRESENTATION OF MATTERS PLACED ON THE OFFICIAL AGENDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need 17E to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 17E Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, February 25, 2014 2:48 PM To: Naples Daily News Legals Subject: Notice with Two Ordinance Titles Attachments: Notice with Two Ordinance Titles.doc; Notice with Two Ordinance Titles.doc Hi again, Please advertise the attached this Friday, February 28th, 2014. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 17E Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, February 27, 2014 9:32 AM To: Ann P.Jennejohn Subject: Ad Confirmation Attachments: UAS795F jpg Importance: High Hi Ann! Please provide approval ASAP for publication on 02.28.14. I know its a quick turnaround, but since it publishes tomorrow, I'll need the approval by Noon today. Many thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 239-213-6061 cpolidora @naplesnews.com Thank you for placing your ad. Date 02/27/14 Publication NDN Account Number 503641 Ad Number 2018312 Total Ad Cost $410.44 1 17E ORDINANCES CREATING A GAS FRANCHISE AND AMENDING ORDINANCE 75-16 MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on Tuesday, March 11,2014,in the Boardroom, 3rd Floor,Administration Building, Collier County Government Center, 3299 Tarniaml Trail East, Naples, Florida, the Board of County Commissioners will consider the enactment of County Ordinances. The meeting will commence at.9:00 A.M. The titles of the proposed Ordinances are as follows. AN ORDINANCE OF COWER COUNTY, FLORIDA,TO BE KNOWN AS THE NATURAL. GAS FRANCHISE ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR NATURAL GAS FRANCHISE REQUIREMENTS TO CONSTRUCT,OPERATE AND MAINTAIN NATURAL GAS FACILITIES OVER,UNDER OR UPON THE PUBLIC RIGHTS-OF-WAY OF COLLIER COUNTY; CREATING A NATURAL GAS FRANCHISE AGREEMENT; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. irk k AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO 75-16,AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS,' IN ORDER TO MODIFY PROVISIONS RELATING TO THE PRESENTATION OF MATTERS PLACED ON THE OFFICIAL AGENDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record at the proceedings pertaining thereto and therefore, may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East,Suite 8101. Building W.Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA TOM HENNING,CHAIRMAN DWIGHT E. BROCK,CLERK By Ann Jenneiohn,Deputy Clerk (SEAL) February 28,2014 No. 2018312 17E Ann P. Jennejohn From: Neet,Virginia Sent: Thursday, February 27, 2014 10:41 AM To: Ann P. Jennejohn Subject: RE:Ad Confirmation Attachments: Ad Request- signed - Gas Franchise - 75-16.pdf Ad is good - I have attached the signed ad request and Ordinances Thank you!!! Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: Ann P. Jennejohn Imailto:Ann.Jennejohn @collierclerk.com] Sent: Thursday, February 27, 2014 9:59 AM To: NeetVirginia Subject: Ad Confirmation Importance: High Hi Dinny, Attached is the legal ad w/the two ordinance titles that is going to run tomorrow. NDN needs an approval right away,so I sure hope it looks o.k.! Thank you! Ann Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Thursday, February 27, 2014 9:32 AM To: Ann P. Jennejohn Subject: Ad Confirmation Importance: High Hi Ann! 17E Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, February 27, 2014 11:11 AM To: Ann P.Jennejohn Subject: RE:Ad Confirmation Thanks Ann! Ad released for publication... Original Message From: Ann P. Jennejohn (mailto:Ann.Jennejohn @collierclerk.com] Sent: Thursday, February 27, 2014 10:45 AM To: Polidora, Carol Subject: RE: Ad Confirmation Approved. Please publish tomorrow, February 28th. Thank you. Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Thursday, February 27, 2014 9:32 AM To: Ann P. Jennejohn Subject: Ad Confirmation Importance: High Hi Ann! Please provide approval ASAP for publication on 02.28.14. I know it's a quick turnaround, but since it publishes tomorrow, I'll need the approval by Noon today. Many thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 239-213-6061 cpolidora @naplesnews.com Thank you for placing your ad. bate 02/27/14 Publication NDN Account Number 503641 Ad Number 2018312 Total Ad Cost $410.44 Please visit us on the web at www.collierclerk.com 1 N. Naples Daily News 17E Naples, FL 34110 Affidavit of Publication Naples Daily News + OFFICE OF THE COUNTY ATTORNEY JEFFREY KLATZKOW 3299 TAMIAMI TRL E #700 NAPLES FL 34112-5749 NOTICE OF MEETING NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCES REFERENCE• 027354 4 5 0 014 6 8 3 9 Notice is hereby given that on Tuesday, March 11, 2014, in the Boardroom, 3rd • Floor, Administration Building, Collier County Government Center, 3299 Tamiami 59741553 NOTICE OF INTENT T Trail East, Naples, Florida, the Board of County Commissioners will consider the ,I enactment of County Ordinances. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinances are as follows: AN ORDINANCE OF COLLIER COUNTY,FLORIDA,TO BE KNOWN AS THE NATURAL State of Florida GAS FRANCHISE ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR NATURAL GAS FRANCHISE REQUIREMENTS TO County of Collier CONSTRUCT,OPERATE AND MAINTAIN NATURAL GAS FACILITIES OVER,UNDER OR UPON THE PUBLIC RIGHTS-OF-WAY OF COLLIER COUNTY;CREATING A NATURAL Before the undersigned authority, pers GAS FRANCHISE AGREEMENT; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY,CODIFICATION AND AN EFFECTIVE DATE. appeared Robin Calabrese, who on oath sa x she serves as the Advertising Director o ' AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER Naples Daily News, a daily newspaper pub COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED,"MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS,"IN ORDER Naples, in Collier County, Florida: tha TO MODIFY PROVISIONS RELATING TO THE PRESENTATION OF MATTERS PLACED ON THE OFFICIAL AGENDA; PROVIDING FOR CONFLICT AND SEVERABILITY; attached copy of advertising was publish PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. , newspaper on dates listed. • Copies of the proposed Ordinances are on file with the Clerk to the Board and are Affiant further says that the said Nap available for inspection. All interested parties are invited to attend and be heard. News is a newspaper published at Naples, NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Collier County, Florida, and that the sa Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If newspaper has heretofore been continuous recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. published in said Collier County, Florid Persons wishing to have written cr graphic materials included in the Board agenda packets must submit said material a minimum of 3'weeks prior to the respective day and has been entered as second class public hearing. In any case, wrtten material intended to be considered by the Y Board shall be submitted to the appropriate County staff a minimum of seven days matter at the post office in Naples, in prior to the public hearing.All rraterial used in presentations before the Board will become a permanent part of the record. Collier County, Florida, for a period of Any person who decides to appeal a decision of the Board will need a record of the next preceding the first publication of proceedings pertaining thereto and therefore, may need to ensure a verbatim record of the proceedings is made, whicR record includes the testimony and attached copy of advertisement • and affi evidence upon whichtheappealisbased. PY If you are a person with a dsability who needs any accommodation in order to further says that he has neither paid nc participate in this proceeding,you are entitled,at no cost to you,to the provision of certain. assistance. Please contact the Collier County Facilities Management promised firm or co Department, located at 3331 Tamiami Trail East, Suite #101, Building W, Naples, P any person,r P Orat1OT Florida 34112, (239) 252-83$0. Assisted listening devices for the hearing impaired discount, rebate, commission or refund f are available in the County Commissioners'Office. of this advertisement f BOARD OF COUNTY COMMSSIONERS purpose securing COLLIER COUNTY,FLORID'P publication in the said newspaper. TOM HENNING,CHAIRMAN DWIGHT E.BROCK,CLERC ' PUBLISHED ON: 02/28 By:Ann Jennejohn,Deputy Clerk (SEAL) February 28 2014 No.2018312 AD SPACE: 124 LINE FILED ON: 02/28/14 j40 ir + Signature of Affiant \ / all , Sworn to and Subscribed .e 'ore mew I day oL Iii '.l 20]/ l Personally known by me A/12 •7, i t1 CAROL POLIDORA �4F,Y t',4;;* �; !w ; MY COMMISSION#EE 851758 �. lea - EXPIRES:November 28,2014 .,; 7 W. `` Bonded Thru Plchard Insurance Agency - o ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 3/11/14 4. BCC Office Board of County -11-k Commissioners \(\r j -*kVA 5. Minutes and Records Clerk of Court's Office —� ^ 3(14(14 -56Q-P\ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jeffrey A. atzkow,County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 3/11/14 Agenda Item Number 17-E Approved by the BCC Type of Document Ordinance amending Ordinance No. 1975- Number of Original One Attached 16 O . 2014- (2 Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3/11/14 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the( JAK BCC,all changes directed by the BCC have been made,and the document is ready forlthe ' N Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ORDINANCE NO. 2014- 1 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS," IN ORDER TO MODIFY PROVISIONS RELATING TO THE PRESENTATION OF MATTERS PLACED ON THE OFFICIAL AGENDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted Ordinance No. 75-16 which established the time, place and conduct of its meetings; and WHEREAS, subsequent amendments to Ordinance No. 75-16 reflect the evolving practices and procedures relating to the meetings of the Board of County Commissioners; and WHEREAS, through its adoption of Ordinance No. 2011-17, the Board established minimum requirements relating to the placement of back-up material to items on the official agenda following the publication of the agenda; and WHEREAS, the Board desires to further amend Ordinance No. 75-16 so as to allow a Commissioner or the County Manager to offer documents, information, and materials related to an agenda item following publication of the agenda. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED. Section One is hereby amended as follows: 1. Meetings of the Board of County Commissioners: * * * * * * (c) Agenda. There shall be an official agenda for each meeting of the Board, which shall determine the order of business conducted at the meeting. Words Underlined are added;Words Struck Through are deleted. Page 1 of 3 17E (1) The Board shall not take action upon any matter, proposal, report or item of business not listed upon the official agenda, unless a majority of the Board present consents. (2) The County Manager shall prepare each agenda in appropriate form approved by the Board. Matters may be placed on the agenda by the County Manager, any County Commissioner, the Clerk, the County Attorney, and the constitutional officers. The agenda shall be prepared and distributed not later than four days preceding the regular meeting. (3) Prior to the publishing of the agenda, matters placed on the agenda should include as much supporting documents, information, and materials as is needed to aid the Board in its preparation and deliberation of the agenda item. Documents, information and materials will not be accepted by the Board following publication of the agenda unless offered by a Commissioner or the County Manager. Should additional documents, information and materials be presented to the Board following publication, the Board may, by a majority vote of those present, elect to either continue the agenda item to a future Board meeting, or waive this requirement and hear the matter if it determines that the agenda item is of significant public importance and should not be postponed. (4) All requests for a continuance of an agenda item, including matters advertised for a public hearing, require Board of County Commission approval. No person shall be entitled to rely for any reason upon any assurances that an agenda item or public hearing will be continued. A continuance shall only be granted by an affirmative vote of the majority of the Board Members present. * * * * * * 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 Words Underlined are added;Words Struck Through are deleted. Page 2 of 3 17E 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 become 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this\A ickAday of Y‘Qs.c).-t' , 2014. ATTEST: , - ?- ,-%r; BOARD OF COUNTY COMMISSIONERS DWIGHT E�;$'ROCK,-C.L *K COLLIER COUNTY, FLORIDA 4 �- AO / *Mita By: ` B . .� 11_ Attest as to Chairman's De ut C er TOM HENNING, • , IRMAN signat re • 1 f3. 'T , Appr•,, ed : 1: • •nd legality: Iti�F ti I�, JeffreyTi . i latzkow Count A o rney i This ordinance filed with the Sgcre,ilry of State's Office the "dayof , and acknowledgement of that filin. received his +h day By 1_ „► Deputy Cl i I. Words Underlined are added;Words Struck Through are deleted. Page 3 of 3 1 7 E Martha S. Vergara From: Martha S. Vergara Sent: Friday, March 14, 2014 3:21 PM To: County Ordinances (CountyOrdinances @dos.myflorida.com) Subject: CLL Ordinance 2014-12 Attachments: CLL20140314_Ordinance 2014_0012.pdf Sent By: COLLIER COUNTY CLERK OF THE CIRCUIT COURT BOARD MINUTES & RECORDS DEPARTMENT Sender's Phone: 239-252-7240 County: COLLIER (CLL) Ordinance Number: 2014-0012 Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara a,collierclerk.com 17E Martha S. Vergara From: County Ordinances <CountyOrdinances @dos.myflorida.com> Sent: Monday, March 17, 2014 8:28 AM To: Martha S. Vergara Cc: County Ordinances Subject: RE: CLL Ordinance 2014-12 Attachments: Collier20140314_Ordinance 2014_12_Ack.pdf From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Friday, March 14, 2014 3:21 PM To: County Ordinances Subject: CLL Ordinance 2014-12 Sent By: COLLIER COUNTY CLERK OF THE CIRCUIT COURT BOARD MINUTES & RECORDS DEPARTMENT Sender's Phone: 239-252-7240 County: COLLIER (CLL) Ordinance Number: 2014-0012 Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara a,collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. @ItsWorkingFL The Department of State is committed to excellence. 1 17E �irxtr uttt�a.,. FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State March 17, 2014 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: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2014-12,which was filed in this office on March 17, 2014. 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