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Ordinance 2015-47 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 Ordinance No. 2013-70, codified as Article LXXII of the Collier County Code of Laws and Ordinances, is hereby repealed in its entirety and all stipulations pertaining to the La Peninsula Seawall Municipal Service Benefit Unit are hereby rescinded.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 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 l--1 day of x cxY41,,e),-;2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA \ -- / e",,a By: OJLLL d' (O OC • By: MI ` Deputy Clerk TIM NANCE, CHAIRMAN Attest as to . . sign. ure .111 Appro le' • . • legality: Li1i► Jeffrey ' . 4T atzkow County 9 ` ey This ordinance filed with the dory of �cAis �Qf ce the day of� 1 �"�-"fq t "lb and acknow'edc men Qt that fill+. r�cei e th's '1 doy By a ' !.. II I , DAD 4 2 ,i,. pia,—.41,:::: R MLA. ...Lot!s Al� ,,,,tll 1i- FLORIDA DEPARTMENT Of STATE 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