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Backup Documents 09/08/2015 Item #17D 1713 _,_N, , .. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS sf To: Clerk to the Board: Please place the following as a: r , iil •N XXX Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div County Attorney Person: Jeffrey A Klatzkow Date: August 3,2015 Petition No.(If none,give brief description): Ordinance—Repealing Ordinance No.2013-70 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.) September 8,2015(ad to run no later than WEDNESDAY,August 26,2015) 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 THE BOARD OF COUNTY COMMISSI I NERS I F COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 2013-70 IN ITS ENTIRE ' H1CH CREATED THE LA PENINSULA SEAWALL MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;PROVIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any&proposed hearing date: N/A Does Peti ion F-e include advertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs: PO#4500153762 Review-, b , Division - rs. • or or Designee Da e List Attac 1 Proposed Ordinance 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 OLY ),11 f' I Date Received: I_� Date of Public hearing: (_L Date Advertised: S /iL' 6 17 ® ORDINANCE NO.2015- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 2013-70 IN ITS ENTIRETY WHICH CREATED THE LA PENINSULA SEAWALL MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2013, the Board of County Commissioners (Board) received requests from certain property owners in the geographic area known locally as "La Peninsula," to coordinate the construction and funding of seawalls and other waterway improvements to benefit the property owners in such area;and WHEREAS, the Board determined that the creation of a municipal service benefit unit was the best method for implementing and funding seawalls and other waterway improvements located therein, and on December 10, 2013, adopted Ordinance No. 2013-70 creating the La Peninsula Seawall Municipal Service Benefit Unit(MSBU); and WHEREAS, The Club of La Peninsula, Inc., has since secured the financing necessary to proceed with the seawall and waterway improvements and has formally requested that the Board rescind the MSBU and repeal Ordinance No. 2013-70. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA: SECTION ONE: REPEAL OF ORDINANCE NO.2013-70. Ordinance No. 2013-70, codified as Article LXXII of the Collier County Code of Laws and Ordinances, is hereby repealed in its entirety and all stipulations pertaining to the La Peninsula Seawall Municipal Service Benefit Unit are hereby rescinded. SECTION TWO: 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 THREE: 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 1 170 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 FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a vote of a majority of the Board of County Commissioners of Collier County,Florida,this day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk TIM NANCE,CHAIRMAN Appro e ,. . • legality: It.('�i�4tj { t.,. Jeffrey ( . ,1 atzkow County • • ., ey 2 1713 Acct. #027354 August 4, 2015 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 RE: Ord. Repealing Ord. 2013-70, La Peninsula Seawall MSBU Dear Legals: Please advertise the above referenced notice on Wednesday, August 26, 2015, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500153762 170 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, September 8, 2015, in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, will consider the enactment of a County Ordinance . The meeting will commence at 9 : 00 A.M. The title of the proposed Ordinance is as follows : AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 2013-70 IN ITS ENTIRETY WHICH CREATED THE LA PENINSULA SEAWALL MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A Copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 materials 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 to ensure that 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 . 1713 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17D Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, August 04, 2015 3:24 PM To: Naples Daily News Legals Subject: Ord. Repealing Ord. 2013-70 La Peninsula Seawall MSBU Attachments: Ord. Repealing Ord. 2013-70 (9-8-15).doc; Ord. Repealing Ord. 2013-70 (9-8-15).doc Legals, Please advertise the following attached ad Wednesday, August 26, 2015. Please forward an ok when received, if you have any questions feel free to call me. Thanks, 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.vergaraa,collierclerk.com 1713 Martha S. Vergara From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Tuesday, August 04, 2015 4:00 PM To: Martha S. Vergara Subject: RE: Ord. Repealing Ord. 2013-70 La Peninsula Seawall MSBU ok Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.goriNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 t54ttu ' l Naples News;;° rn From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com] Sent:Tuesday, August 04, 2015 3:24 PM To: Legals NDN <legals @JMG.onmicrosoft.com> Subject: Ord. Repealing Ord. 2013-70 La Peninsula Seawall MSBU Legals, Please advertise the following attached ad Wednesday, August 26, 2015. Please forward an ok when received, if you have any questions feel free to call me. Thanks, 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.vergaraa,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(acollierclerk.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. 1 Martha S. Vergara 17 0 From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Wednesday, August 05, 2015 9:46 AM To: Martha S. Vergara Subject: 2063246 Ad Confirmation Attachments: UAS1541.jpg Please find attached a proof for your review and approval, for Publication on August 26th, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 08/05/15 Publication NDN Account Number 503641 Ad Number 2063246 Total Ad Cost $340.26 1 NOTICE OF INTENT TO CONSIDER ORDINANCE 1 7fj Notice is hereby given that on Tuesday, September 8, 2015, in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples. Florida, the Board of County Commissioners, will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. REPEALING ORDINANCE NO. 2013-70 IN ITS ENTIRETY WHICH CREATED THE LA PENINSULA SEAWALL MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. A Copy of the proposed Ordinance is on file with the Clerk to the Board and Is 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 materials 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 to ensure that 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 i 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 4.101, 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 TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) August 26, 2015 No. 2063246 1713 Martha S. Vergara From: Martha S.Vergara Sent: Wednesday, August 05, 2015 9:48 AM To: Neet, Virginia Subject: Ad proof - Ord Repealing Ord 2013-70 La Peninsula Seawall MSBU Attachments: UAS1541jpg Morning Dinny, Attached is the ad proof for La Peninsula, please review and let me know of any changes needed. Thanks, Martha 1 17j3 Martha S. Vergara From: Neet, Virginia Sent: Wednesday, August 05, 2015 10:30 AM To: Martha S. Vergara Subject: RE: Ad proof - Ord Repealing Ord 2013-70 La Peninsula Seawall MSBU Approved. Thank you!!! Dinny Original Message From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.comj Sent: Wednesday, August 05, 2015 9:48 AM To: NeetVirginia Subject: Ad proof-Ord Repealing Ord 2013-70 La Peninsula Seawall MSBU Morning Dinny, Attached is the ad proof for La Peninsula, please review and let me know of any changes needed. Thanks, Martha 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. 1 Martha S. Vergara 1 70 From: Martha S. Vergara Sent: Wednesday, August 05, 2015 10:40 AM To: 'Gori, Ivonne' Subject: RE: 2063246 Ad Confirmation Ivonne, This ad has been reviewed and approved by the legal department, please proceed with publishing as requested. Thanks, Martha Original Message From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Wednesday, August 05, 2015 9:46 AM To: Martha S. Vergara Subject: 2063246 Ad Confirmation Please find attached a proof for your review and approval, for Publication on August 26th, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(JNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 08/05/15 Publication NDN Account Number 503641 Ad Number 2063246 Total Ad Cost $340.26 1 17 ® Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Wednesday, August 05, 2015 10:43 AM To: Martha S. Vergara Subject: RE: 2063246 Ad Confirmation Thanks! Released. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Original Message From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Wednesday, August 05, 2015 10:40 AM To: Gori, Ivonne<ivonne.gori @naplesnews.com> Subject: RE: 2063246 Ad Confirmation Ivonne, This ad has been reviewed and approved by the legal department, please proceed with publishing as requested. Thanks, Martha Original Message From: Gori, Ivonne [mailto:ivonne.gori @naplesnews.com] Sent: Wednesday,August 05, 2015 9:46 AM To: Martha S.Vergara Subject: 2063246 Ad Confirmation Please find attached a proof for your review and approval, for Publication on August 26th, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 08/05/15 Publication NDN 1 1 7 0 Naples Daily News 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 REFERENCE : 027354 NOTICE OF INTENT TO CONSIDER ORDINANCE 59776297 NOTICE OF INTENT TC Notice is hereby given that on Tuesday, September 8, 2015, in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. State of Florida The title of the proposed Ordinance is as follows: Counties of Collier and Lee AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER Before the undersigned authority, persc COUNTY,FLORIDA,REPEALING ORDINANCE NO.2013-70 IN ITS ENTIRETY WHICH _ CREATED THE LA PENINSULA SEAWALL MUNICIPAL' _SERVIC�E BENEFIT tUNI�..,.. appeared Dan IYicDermott says that he sere PROVIDINGFORINCLUSION NTHECODEOf1AV1i3At1DOR�TNA7iCE5;PROVIDING PP Y FORCONFLiCT AND SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. Inside Sales Supervisor, of the Naples Dc A Copy of the proposed Ordinance is on file with the Clerk to the Board and is a daily newspaper published at Naples, l I available for inspection. All interested parties are invited to attend and be heard. County, Florida ' distributed in Collier 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. and Lee counties of Florida; that the att 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. Copy of advertising was published in sale recognized by the Chairman, a spokesperson for a group or-organization may be allotted 10 minutes to speak on an item. newspaper on dates listed. Persons wishing to hate written or graphic materials included in the Board agenda Affiant further says that the said Nap] packets must submit said material a minimum of 3 weeks prior to the respective Y P public hearing. In any case, written materials intended to be considered by the News is a newspaper published at Naples, Board shall be submittedto 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. Collier County, Florida, and that the sas... has heretofore been continuous_ Any person who decides to appeal a decision of the Board will need a record of the newspaper proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the pproceedings is made, which record includes the testimony and day and has been entered as second class evidenceuponwhichtheappealisbased. matter at the post office in Naples, in : If you are a person with a disability mvho needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to ydu,to the provision Collier County, Florida, for a period of of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, next preceding the first publication of 1 Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. attached copy of advertisement; and affi< BOARD OF COUNTY COMMISSIONERS further says that he has neither paid no: COLLIERCOUNTY,FLORIDA promised any person, firm or corporation TIMNANCE,CHAIRMAN • discount, rebate, commission or refund f DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk • purpose of securing this advertisement ft (SEAL) publication in the said newspaper. Au°u`t'6 'o15 No 2063246 PUBLISHED ON: 08/26 AD SPACE : 106 LINE FILED ON: 08/26/15 �j . �. Signature of Affiant rf f �� Sworn to and Subscribed before me this it) day ofo 20t�j Personally known by me ��j _.{0 i, — �.��� ?O`}RY 9p®� Notary Public State of Florida Susan 0 Flora c ' My Commission FF 040250 ��0P i�Oa Expires 07/28/2017 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA RE 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 9/8/15 4. BCC Office Board of County Commissioners \/s'J clkc IVs 5. Minutes and Records Clerk of Court's Office IQ(1c 3.3op - 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.Klatzkow,County Attorney. 252-8400 Contact/ Department / Agenda Date Item was 9/8/15 / Agenda Item Number 17-D Approved by the BCC Type of Document La Peninsula-Ordinance and Resolution Number of Original One of each Attached OsIct • a-015341- Documents Attached PO number or account n/a 1e-t:5!) tr-1 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 signatu - Stamp OK JAK 2. Does the document need to be sent to another agency for ad.i . : 'gnatures? If yes, JAK'1*" 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 9/8/15 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 e BCC,all changes directed by the BCC have been made,and the document is read for the Chairman's signature. \r0 -e4` N I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 170 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, September 10, 2015 8:17 AM To: 'CountyOrdinances @dos.myflorida.com' Cc: Minutes and Records Subject: CLL20150910_Ordinance2015_0047 Attachments: CLL20150910_Ordinance2015_0047.pdf COUNTY: CLL (COLLIER) ORDINANCE NUMBER: 2015-47 SENT BY: COLLIER COUNTY CLERK OF THE CIRCUIT COURT BOARD MINUTES & RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8406 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 1713 ORDINANCE NO.2015- 4 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 2013-70 IN ITS ENTIRETY WHICH CREATED THE LA PENINSULA SEAWALL MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2013, the Board of County Commissioners (Board) received requests from certain property owners in the geographic area known locally as "La Peninsula," to coordinate the construction and funding of seawalls and other waterway improvements to benefit the property owners in such area; and WHEREAS, the Board determined that the creation of a municipal service benefit unit was the best method for implementing and funding seawalls and other waterway improvements located therein, and on December 10, 2013, adopted Ordinance No. 2013-70 creating the La Peninsula Seawall Municipal Service Benefit Unit(MSBU); and WHEREAS, The Club of La Peninsula, Inc., has since secured the financing necessary to proceed with the seawall and waterway improvements and has formally requested that the Board rescind the MSBU and repeal Ordinance No. 2013-70. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA: SECTION ONE: REPEAL OF ORDINANCE NO.2013-70. Ordinance No. 2013-70, codified as Article LXXII of the Collier County Code of Laws and Ordinances, is hereby repealed in its entirety and all stipulations pertaining to the La Peninsula Seawall Municipal Service Benefit Unit are hereby rescinded. SECTION TWO: 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 THREE: 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 1 170 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 FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a vote of a majority of the Board of County Commissioners of Collier County, Florida,this r -i day of c rr■pe_r;2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: ( 0� B :Y• Y Deputy Clerk TIM NANCE, CHAIRMAN Attest as to •f , Sign. ure ,nl Appro e . s legality: Jeffiey t . ;di atzkow County tts' ey This ordinance filed with the Ss,c ary of Cto e's Office the I U day ofyZa—�S and acknow!edge:nent2�f, that r-cei e t! ' U"I doy o LO 1S By , ! . . .,iii: 14 2 ti Eft 0, 0„ ,,,,,, ..> i_ilk, ;... ;,. ,...-,, ,2... ri 170 ti,ii_11 ,.... i ...„.,. , I„„", `µ\ms, FLORIDA DEPARTMENT Of STATE r , RICK SCOTT KEN DETZNER Governor Secretary of State September 10, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Anne P. Jennejohn, 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. 2015-47, which was filed in this office on September 10, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 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 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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'dips and original documents must he received in the County. ttorne%'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 2. 3. County Attorney Office County Attorney Office JAK 9/8/15 4. BCC Office Board of County Commissioners \r .0/ts/ cttciVs 5. Minutes and Records Clerk of Court's Office 1a tc 3`3°Pr 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.Klatzkow,County Attorney. 252-8400 Contact/ Department J Agenda Date Item was 9/8/15 V Agenda Item Number 17-D Approved by the BCC Type of Document La Peninsula—Ordinance and Resolution Number of Original One of each Attached OY'd . (34:49 - Documents Attached PO number or account n/a jtr_l 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) I. Does the document require the chairman's original signatu - Stamp OK JAK 2. Does the document need to be sent to another agency for ad.] atures? If yes, JAM"' 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 9/8/15 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 e #c'.._ BCC,all changes directed by the BCC have been made,and the document is read for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 170 MEMORANDUM Date: September 10, 2015 To: Jeff Klatzkow, County Attorney County Attorney's Office From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Resolution 2015-176/Rescinding Resolution 2013-92 relating to La Peninsula Seawall MSTU Attached for your records is a copy of the amended agreement referenced above, (Item #17D) approved by the Board of County Commissioners September 8, 2015. The original will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 170 MEMORANDUM Date: September 10, 2015 To: Valerie Fleming, Operations Coordinator Office of Management and Budget From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Resolution 2015-176/Rescinding Resolution 2013-92 relating to La Peninsula Seawall MSTU Attached for your records is a copy of each of the referenced above, (Item #17D) adopted by the Board of County Commissioners in Regular Session on Tuesday, September 8, 2015. The original will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. 17Q MEMORANDUM Date: September 10, 2015 To: Goede, Adamczyk & DeBoest, PLLC From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Resolution 2015-176/Rescinding Resolution 2013-92 relating to La Peninsula Seawall MSTU Attached for your records is a copy of each of the referenced above, (Item #17D) adopted by the Board of County Commissioners in Regular Session on Tuesday, September 8, 2015. The original will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. Attachment 171:1 RESOLUTION NO. 2015 - 17 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RESCINDING RESOLUTION NO. 2013-292 IN ITS ENTIRETY RELATING TO NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE LA PENINSULA SEAWALL MUNICIPAL SERVICE BENEFIT UNIT. WHEREAS, on December 10, 2013, the Board of County Commissioner (Board) adopted Ordinance No. 2013-70 creating the La Peninsula Seawall Municipal Service Benefit Unit (MSBU) to coordinate the construction and funding of seawalls and other waterway improvements to benefit the property owners in such area; and WHEREAS, concurrent with the adoption of Ordinance No. 2013-70, and pursuant to Section 197.3632, Florida Statutes, the Board approved Resolution No. 2013-292 relating to the method of collecting non-ad valorem special assessments for the MSTU; and WHEREAS, The Club of La Peninsula, Inc., has since secured the financing necessary to proceed with the seawall and waterway improvements and has formally requested that the Board rescind the MSBU and repeal Ordinance No. 2013-70. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Resolution No. 2013-292, approved on December 10, 2013, is hereby rescinded and of no further force and effect. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the -� day of S __,v\Cc,or,, .,,r , 2015. ATTEST: ; BOARD OF COUNTY COMMISSIONERS DWIGHT'S: BgOCK, Clerk COLLIER COUNTY, FLORIDA II' e5t aSkelt'tf tlmity Clerk By:TIM NANCE, CHAIRMAN signature only, Approv, . . oi orm and legality: 1` Item# 1i ADate genda (} $ 1Ir 1� r � 1 Jeffrey A .',' .: ow County A T orr,y Recd I S I •eputy:"