Loading...
CSC Establishment Ordinance 1990-64 Children ' s Services Council of Collier County Establishment BCC Ordinance 1 A ORDINANCE NO. 90-_/4__ c" - 28� r.r• �4> PROVISIONSOF AN ORDINANCE CONCERNING THE AO CHILDREN'S SUPPORT SERVICES THROUGHOUT COLLIiR NCOUNTY; CREATING A COUNTYWIDE SPECIAL TAXING , q.461, .., w DISTRICT; PROVIDING FOR A GOVERNING BODY TO 41 0 �� aq KNOWN AS THE CHILDREN'S SERVICES COUNCIL OF T y COLLIER COUNTY; PROVIDING FOR THE MEMBERSHIP t c PROVIDING FINANCIAL _ �r4. 4�� AND DUTIES OF THE COUNCIL; PROVIDING"' — "'"-' 019/t:f `NNOti -REQUIREMENTS AND BUDGET PROCEDURES; FOR AUTHORIZATION OF THE LEVY OF AD VALOREM TAXES NOT TO EXCEED ONE-HALF MILL, SUBJECT TO A REFERENDUM; SETTING FORTH A REFERENDUM REQUIREMENT; PROVIDING FOR FILING WITH THE SECRETARY OF SEVERABILITY;SAND EPROVIDING NG FCONFLICTOR ANEFFECTIVEDATE. WHEREAS, Section 125.901, Florida Statutes, authorizes each 'tit county of the State of Florida to create an independent special ,r.; }"N;; district to provide juvenile welfare services throughout the J i! county in accordance with said section; and the Board of CountyCommissioners, acting in its to WHEREAS, ��'� of Collier County, r""' governing body ,�%� capacity and authority as the ' ublic interest to -t"e Florida, has determined that it would serve the p establish said independent special district; and WHEREAS it is the intent of the Board of County Commissioners • to create a Children's Services Council to govern the independent special district to provide a needs assessment to the Board of County Commissioners and to recommend a funding source, if needed. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. INTENT AND APPLICATION It is the intent of the Board of County Commissioners to exercise its capacity and authority to act as the governing body of Collier County for the purpose of creating an independent special district to provide services for children throughout Collier County in accordance with Section 125.901, Florida Statutes. The boundaries of such district shall be coterminous with the geographic boundaries of Collier County, Florida. 6001( 39 Pa' 360 1 111111 NI rFrF."�e, SECTION TWO. TITLE This Ordinance may be cited as the "Children's Services Council Ordinance". t.r. X^,, SECTION THREE. CREATION OF AN INDEPENDENT SPECIAL DISTRICT 14— .r; In accordance with the authority set forth in SectionW. 01;01 + �'^ 129.901, Florida Statutes, there is hereby created an Independent — Special District (District) to provide services for children • ?0; „ throughout Collier County. The governing body of the District f+'.' shall be a board to be known as the Children's Services Council of VV Collier County (Council) . SECTION FOUR. MEMBERSHIP `.?' The Children's Services Council of Collier County shall rtes, consist of ten members, including the Superintendent of Schools, a local School Board member (as selected by the School Board) , the District Administrator from the Florida Department of Health and fryr�'.. Rehabilitative Services or his designee, a member of the Board of P` It:: County Commissioners (as selected by the Chairman of the Board of County Commissioners) , and the judge assigned to juvenile cases 4,,f who shall sit as a voting member of the Council, except that said judge shall not vote or participate in the setting of ad valorem taxes under this Ordinance. In the event there is more than one judge assigned to juvenile cases in Collier County, the chief C judge of the circuit shall designate one of said judges to serve on the Council. The other five members of the Council shall be appointed by the Governor and shall serve for terms of four (4) years each. After soliciting recommendations from the public, the Board of County Commissioners shall submit to the Governor the names of at least three persons for each position among the five members to be appointed by the Governor, and the Governor shall appoint members to the Council from the candidates nominated by the Board of County Commissioners. All members appointed by the Governor shall have been residents of the county for the previous 24-month period. Such members so appointed shall serve for terms of four years each, except that the length of the terms of the initial appointees shall be �J adjA ged AttR,stagger the terms. If any BOU PAS 2 3�J M , ;,, of the members of the Council required to be appointed by the die, Governor under the provisions of this Ordinance shall resign, or be removed from office, the vacancy thereby created shall as the Governor, and such ,,:, . soon as practicable, be filled by _appointment to fill a vacancy shall be for the unexpired term of ---- the"person'who resigns, dies; or is removed from office. ham;: SECTION FIVE. POWERS AND DUTIES The Children's Services Council of Collier County shall have the following powers and duties: such child 6.4 ',•+^;� (a) To provide and maintain in the County g g psychiatric clinics for children as the guidance, psychological or ublic health, Council determines are needed for the general p safety and welfare of the County. ^04; (b) To provide for the care of dependent children and to provide such other services for all children as the Council P"f' determines are needed for the general public health, safety and welfare of the County. (c) To allocate and provide funds for other agencies in the County which are operated for the benefit of children, provided they are not under the exclusive jurisdiction of the public school system. (d) To collect information and statistical data which will be helpful to the Council in deciding the needs of children in the County. (e) To consult with other agencies dedicated to the welfare of children to the end of that the overlapping of services will be prevented. (f) To lease or buy such real estate, equipment, and personal property and to construct such buildings as are needed to execute the foregoing powers and duties, provided that no such purchases shall be made or building done except for cash with funds on hand. (g) To employ and pay, on a part-time or full-time basis, personnel needed to execute the foregoing powers and duties. ROOK 39 FA`•` GZ ammo IMO 111111 • (h) Books of account shall be kept by the Council or its clerical assistants, and the fiscal affairs of the Council shall be exclusively audited by state auditors as are assigned from time to time to audit the affairs of the County officials, and may be audited from time to time by the internal auditor for the Clerk of r�. the Board of•County Commissioners.. .--::. (i) To levy taxes if approved by a referendum held pursuant to Section 125.901, Florida Statutes. (j) To accept gifts, grants and other sources of funding <<' from public and private entities. t;+t:: Any of the foregoing powers and duties which relate to the expenditure of funds by the District shall not be construed and are not intended to impose any financial or funding responsibility ,t on the Board of County Commissioners or Collier County nor shall same obligate the Board of County Commissioners to submit the issue of a tax levy by referendum to the electors of Collier County. • r`.'. SECTION SIX. FISCAL YEAR AND BUDGET I4 (a) The fiscal year of the District and Children's Services Council shall be the same as that of Collier County. • (b) On or before July 1 of each year, the Children's ti. Services Council shall prepare and adopt an annual written budget +.. of its expected income and expenditures, including a contingency fund. The written budget shall be certified and delivered to the Board of County Commissioners on or before July 1 of each year. Included in each certified budget shall be an estimate of the millage rate necessary to be applied to raise the funds budgeted for expenditure, which millage rate shall not exceed a maximum of 50 cents for each $1,000 of assessed valuation of all properties within the County which are subject to County taxes. (c) As approved by law, the budget of the Children's Services Council, so certified and delivered to the Board of County Commissioners, shall not be subject to change or BOOK 39 Fa, 363 4 fk1:, modification by the Board of County Commissioners or any other -,• authority. •, . Y' SECTION SEVEN. LEVYING OF AD VALOREM TAXES In order to provide funds for the Children's services r. � , Council, the District may levy ad valorem taxes annually on all taxable property in the County in an amount not to exceed one-half = •= `' (1/2) mill, provided that the authority to levy such taxes has L• �•�: been approved by a majority vote of the electors of the District Vii :. • a;. voting in a countywide election to be held in accordance with the k requirements of the Constitution, the laws of Florida and as set forth in this Ordinance. Such referendum shall be called only a }p;'.. ;�{ upon the authority and pursuant to the direction of the Board of a3:.• County Commissioners by resolution. The Children's Services r1. Council shall present a needs assessment with a recommendation h`; regarding funding needs, if any, and funding source options prior 3, c;, to submission of the question of tax levy to referendum. The tax ' shall be assessed, levied and collected in the same manner and at the same time as is provided by law for the levy, collection, and enforcement of collection of County taxes. All tax money collected under this Ordinance, as soon after the collection ,; thereof as is reasonably practicable, shall be paid directly to r. '' the Council by the Tax Collector. The moneys so received by the Council shall be deposited in a special bank account, shall be withdrawn only by checks signed by the chair of the Council and countersigned by one other member of the Council, who shall be so • authorized by the Council. The chair and other members of the Council who sign the Council's checks shall each give a surety bond in the amount of one thousand dollars ($1,000.00) , which bond shall be conditioned such that each shall faithfully discharge the duties of their office. No other member of the Council shall be required to give bond or other security. No funds of the Council shall be expended except by check as aforesaid, except expenditures from a petty cash account which shall not at any time BOOK 39 PA'. 364 5 exceed twenty-five dollars ($25.00) . All expenditures from petty • , cash shall be recorded on the books and records of the Council. 1p: ` No funds of the Council, except the expenditure of potty cash, shall be expended without prior approval of the Council, in addition to the budgeting thereof. ' `• SECTION'EIGHT. - FINANCIAL REPORTING AND FUNDING-- (a) UNDING (a) Within ten days after the expiration of each quarter of • k>`:- an annual period, the Council shall cause to be prepared and filed with the Board of County Commissioners a financial report which shall include the following: (1) The total expenditures of the Council for the preceding quarter. xSI; "^' (2) The total receipts of the Council for the preceding f! e� ,pix quarter. ,Y•, (3) A statement of the funds which the Council has on hand or in banks at the end of the preceding quarter. „4*+ (b) 'After the first year of operation of the Council, the Board of County Commissioners may, at its option, fund the budget of the Council from its own funds. SECTION NINE. REFERENDUM REQUIREMENT (a) The authority of the Council to exercise the taxing authority within the District as set forth in Section Seven hereby shall be presented for approval by placing the question on the ^a ballot to the Collier County electorate at a referendum election «s, to be called at the discretion and by resolution of the Board•of County Commissioners. (b) The question on the ballot shall be substantially as follows: AD VALOREM TAX LEVY TO FUND THE CHILDREN'S SERVICES COUNCIL Shall the Children's Services Council created by Ordinance No. 90- 64 to provide improvement of services for children throughout Collier County be granted the authority to levy each tux 39 ea'.t 365 6 IIIIS �'1/y�ry • year an ad valorem tax not to exceed one-half mill to fund such 4:4',1 services for children? YES forapproval) NO (for rejection) SECTION TEN. CONFLICT AND SEVERABILITY ,.,,.,.,yw...-.,,,,..-In41 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 it Ordinance is held invalid or unconstitutional by any court of i1,; competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not "A+r • affect the validity of the remaining portion. ft'; .: rj,, SECTION ELEVEN. EFFECTIVE DATE.t': iThis Ordinance shall become effective upon receipt of notice `Y"' from the Secretary of State that this Ordinance has been filed f q'.',1,, , with the Secretary of State. • fr PASSED AND DULY ADOPTED by the Board of County Commissioners .Jr,',; of Collier County, Florida, this .3/J7 day of , 1990. It: ,1,'" r, 1 Vi, ATTEST': 'r , BOARD OF COUNTY COMMISSIONERS -' JAMES C., GILES, Cler OF COLLIER COUNTY, FLORIDA '•' By: k•• A. HASSE, . , Cha rman Approved;•.as to form and legal.sufficiency: I For Brenda C. son Assistant County Attorney This ordinance filed with the ,Sefretgry of StI q„thoate's Of( /1 day of 11' and acknowledgement of that fllu.. received ..,s day By Vis, •e.wn owe . DOCK 39Pv,t366 arl . : COLLIER COUNTY KENNETH B. CUYLER �'.4� COLLIER COUNTY ATTORNEY 3301 Tamiaml Trail East Dennis P. Cronin Naples, Florida 33962-4976 Mark G. Lawson Telephone: (813) 774-8400 Ramiro Manalich Marjorie M. Student FAX: (813) 774-0225 David C. Weigel Brenda C. Wilson Richard Yovanovich October 8, 1990 Paul Pinson Children's Services Council C/O Naples Alliance For Children P.O. Box 708 Naples, Florida 33939 Re: Amendment to Children's Services Ordinance Dear Paul: Attached, for your information, is a copy of the proposed ordinance amending the Children's Services Ordinance. You will note that the only change proposed is to reserve to the Board the decision of selection of a commissioner as a member of the Children's Services Council. This ordinance has been advertised for public hearing before the Board of Collier County Commissioners on October 23 , 1990. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, 410 )1, LiL :renda C. Wilson Assistant County Attorney bcw/tw/4696 cc: Kenneth B. Cuyler, County Attorney ORDINANCE NO. 90- AN ORDINANCE AMENDING THE CHILDREN'S SERVICES COUNCIL ORDINANCE, COLLIER COUNTY ORDINANCE NO. 90-64, BY REVISING SECTION FOUR TO PROVIDE FOR SELECTION BY BOARD; PROVIDING FOR CON11,1C'l ANI) SEVERABILITY; AND PROVIDING IOU AN 1':I''1''I':c'1'1VE DATE. WHEREAS, it was the Intent of the Board of County Commissioners to make the selection of a commissioner for appointment to the Children's Services Board by majority vole of the Board of County Commissioners; and WHEREAS, the language of the Ordinance 90-64 dons not clearly reflect this intent. NOW, THEREFORE, BE IT ORDAINED BY '1'11E HOARD OF COUN'T'Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Section Four of the Children's Services Council Ordinance, Collier County Ordinance No. 90-64, entitled Membership, shall be amended as follows: SECTION FOUR. MEMBERSHIP The Children's Services Council of Collier County shall consist of ten members, including the Superintendent of Schools, a local School Board member (as selected by the School Board) , the District Administrator from the Florida Department of Health and Rehabilitative Services or his designee, a member of the Board of County Commissioners (as selected by the ehefrean--ef-the Board of County Commissioners) , and the judge assigned to juvenile cases who shall sit as a voting member of the Council, except that said judge shall not vote or participate in the setting of ad valorem taxes under this Ordinance. In the event there is more than one judge assigned to juvenile cases in Collier County, the chief judge of the circuit shall designate one of said judges to serve on the Council. The other five members of the Council shall be appointed by the Governor and shall serve for terms of four (4) years each. After soliciting recommendations from the publics, the Board of County Comminnlonern shell submit to the Governor the names of at least three persons for • each position among the five members to be appointed by the Governor, and the Governor shall appoint members to the Council from the candidates nominated by the Board of County Commissioners. All members appointed by the Governor shall have been residents of the county for the previous 24-month period. Such members so appointed 1 Words underlined are added; words struck-through are deleted. shall serve for terms of four years each, except that the length of the terms of the initial appointees shall be adjusted to stagger the terms. If any of the members of the Council required to be appointed by the Governor under the provisions of this Ordinance shall resign, die, or be removed from office, the vacancy thereby created shall as soon as practicable, be filled by the Governor, and such appointment to fill a vacancy shall be for the unexpired term of the person who resigns, dies, or is removed from office. 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: EFFECTIVE DATE. This Ordinance shall take effect upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1990. ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk COLLIER COUNTY, FLORIDA By: MAX A HASSE, JR. , Chairman Approved as to form and legal sufficiency: nda C. Wilson Assistant County Attorney 2 Words underlined are added; words struek-thret►gh are deleted. 11\1°1 r"5111PrS ORDINANCE NO. 90- lj C b AN ORDINANCE CONCERNING THE PROVISION OF CHILDREN'S SUPPORT SERVICES THROUGHOUT COLLIER COUNTY; CREATING A COUNTYWIDE SPECIAL TAXING DISTRICT; PROVIDING FOR A GOVERNING BODY TO BE KNOWN AS THE CHILDREN'S SERVICES COUNCIL OF COLLIER COUNTY; PROVIDING FOR THE MEMBERSHIP AND DUTIES OF THE COUNCIL; PROVIDING FINANCIAL REQUIREMENTS AND BUDGET PROCEDURES; PROVIDING FOR AUTHORIZATION OF THE LEVY OF AD VALOREM TAXES NOT TO EXCEED ONE-HALF MILL, SUBJECT TO A REFERENDUM; SETTING FORTH A REFERENDUM REQUIREMENT; PROVIDING FOR FILING WITH THE SECRETARY OF STATE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 125 . 901, Florida Statutes, authorizes each county of the State of Florida to create an independent special district to provide juvenile welfare services throughout the county in accordance with said section; and WHEREAS, the Board of County Commissioners, acting in its capacity and authority as the governing body of Collier County, Florida, has determined that it would serve the public interest to establish said independent special district; and WHEREAS it is the intent of the Board of County Commissioners to create a Children's Services Council to govern the independent special district to provide a needs assessment to the Board of County Commissioners and to recommend a funding source, if needed. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. INTENT AND APPLICATION It is the intent of the Board of County Commissioners to exercise its capacity and authority to act as the governing body of Collier County for the purpose of creating an independent special district to provide services for children throughout Collier County in accordance with Section 125.901, Florida Statutes. The boundaries of such district shall be coterminous with the geographic boundaries of Collier County, Florida. 1 SECTION TWO. TITLE This Ordinance may be cited as the "Children' s Services Council Ordinance" . SECTION THREE. CREATION OF AN INDEPENDENT SPECIAL DISTRICT In accordance with the authority set forth in Section 125 . 901, Florida Statutes, there is hereby created an Independent Special District (District) to provide services for children throughout Collier County. The governing body of the District shall be a board to be known as the Children's Services Council of Collier County (Council) . SECTION FOUR. MEMBERSHIP The Children's Services Council of Collier County shall consist of ten members, including the Superintendent of Schools, a local School Board member (as selected by the School Board) , the District Administrator from the Florida Department of Health and Rehabilitative Services or his designee, a member of the Board of County Commissioners (as selected by the Chairman of the Board of County Commissioners) , and the judge assigned to juvenile cases who shall sit as a voting member of the Council, except that said judge shall not vote or participate in the setting of ad valorem taxes under this Ordinance. In the event there is more than one judge assigned to juvenile cases in Collier County, the chief judge of the circuit shall designate one of said judges to serve on the Council. The other five members of the Council shall be appointed by the Governor and shall serve for terms of four (4) years each. After soliciting recommendations from the public, the Board of County Commissioners shall submit to the Governor the names of at least three persons for each position among the five members to be appointed by the Governor, and the Governor shall appoint members to the Council from the candidates nominated by the Board of County Commissioners. All members appointed by the Governor shall have been residents of the county for the previous 24-month period. Such members so appointed shall serve for terms of four years each, except that the length of the terms of the initial appointees shall be adjusted to stagger the terms. If any 2 of the members of the Council required to be appointed by the Governor under the provisions of this Ordinance shall resign, die, or be removed from office, the vacancy thereby created shall as soon as practicable, be filled by the Governor, and such appointment to fill a vacancy shall be for the unexpired term of the person who resigns, dies, or is removed from office. SECTION FIVE. POWERS AND DUTIES The Children's Services Council of Collier County shall have the following powers and duties: (a) To provide and maintain in the County such child guidance, psychological or psychiatric clinics for children as the Council determines are needed for the general public health, safety and welfare of the County. (b) To provide for the care of dependent children and to provide such other services for all children as the Council determines are needed for the general public health, safety and welfare of the County. (c) To allocate and provide funds for other agencies in the County which are operated for the benefit of children, provided they are not under the exclusive jurisdiction of the public school system. (d) To collect information and statistical data which will be helpful to the Council in deciding the needs of children in the County. (e) To consult with other agencies dedicated to the welfare of children to the end of that the overlapping of services will be prevented. (f) To lease or buy such real estate, equipment, and personal property and to construct such buildings as are needed to execute the foregoing powers and duties, provided that no such purchases shall be made or building done except for cash with funds on hand. (g) To employ and pay, on a part-time or full-time basis, personnel needed to execute the foregoing powers and duties. 3 (h) Books of account shall be kept by the Council or its clerical assistants, and the fiscal affairs of the Council shall be exclusively audited by state auditors as are assigned from time to time to audit the affairs of the County officials, and may be audited from time to time by the internal auditor for the Clerk of the Board of County Commissioners. (i) To levy taxes if approved by a referendum held pursuant to Section 125. 901, Florida Statutes. (j ) To accept gifts, grants and other sources of funding from public and private entities. Any of the foregoing powers and duties which relate to the expenditure of funds by the District shall not be construed and are not intended to impose any financial or funding responsibility on the Board of County Commissioners or Collier County nor shall same obligate the Board of County Commissioners to submit the issue of a tax levy by referendum to the electors of Collier County. SECTION SIX. FISCAL YEAR AND BUDGET (a) The fiscal year of the District and Children's Services Council shall be the same as that of Collier County. (b) On or before July 1 of each year, the Children's Services Council shall prepare and adopt an annual written budget of its expected income and expenditures, including a contingency fund. The written budget shall be certified and delivered to the Board of County Commissioners on or before July 1 of each year. Included in each certified budget shall be an estimate of the millage rate necessary to be applied to raise the funds budgeted for expenditure, which millage rate shall not exceed a maximum of 50 cents for each $1, 000 of assessed valuation of all properties within the County which are subject to County taxes. (c) As approved by_;law, the budget of the Children's Services Council, so certified and delivered to the Board of County Commissioners, shall not be subject to change or 4 modification by the Board of County Commissioners or any other authority. SECTION SEVEN. LEVYING OF AD VALOREM TAXES In order to provide funds for the Children's Services Council, the District may levy ad valorem taxes annually on all taxable property in the County in an amount not to exceed one-half (1/2) mill, provided that the authority to levy such taxes has been approved by a majority vote of the electors of the District voting in a countywide election to be held in accordance with the requirements of the Constitution, the laws of Florida and as set forth in this Ordinance. Such referendum shall be called only upon the authority and pursuant to the direction of the Board of County Commissioners by resolution. The Children's Services Council shall present a needs assessment with a recommendation regarding funding needs, if any, and funding source options prior to submission of the question of tax levy to referendum. The tax shall be assessed, levied and collected in the same manner and at the same time as is provided by law for the levy, collection, and enforcement of collection of County taxes. All tax money collected under this. Ordinance, as soon after the collection thereof as is reasonably practicable, shall be paid directly to the Council by the Tax Collector. The moneys so received by the Council shall be deposited in a special bank account, shall be withdrawn only by checks signed by the chair of the Council and countersigned by one other member of the Council, who shall be so authorized by the Council. The chair and other members of the Council who sign the Council's checks shall each give a surety bond in the amount of one thousand dollars ($1, 000 . 00) , which bond shall be conditioned such that each shall faithfully discharge the duties of their office. No other member of the Council shall be required to give bond or-;other security. No funds of the Council shall be expended except by check as aforesaid, except expenditures from a petty cash account which shall not at any time 5 exceed twenty-five dollars ($25 . 00) . All expenditures from petty cash shall be recorded on the books and records of the Council. No funds of the Council, except the expenditure of petty cash, shall be expended without prior approval of the Council, in addition to the budgeting thereof. SECTION EIGHT. FINANCIAL REPORTING AND FUNDING (a) Within ten days after the expiration of each quarter of an annual period, the Council shall cause to be prepared and filed with the Board of County Commissioners a financial report which shall include the following: (1) The total expenditures of the Council for the preceding quarter. (2) The total receipts of the Council for the preceding quarter. (3) A statement of the funds which the Council has on hand or in banks at the end of the preceding quarter. (b) After the first year of operation of the Council, the Board of County Commissioners may, at its option, fund the budget of the Council from its own funds. SECTION NINE. REFERENDUM REQUIREMENT (a) The authority of the Council to exercise the taxing authority within the District as set forth in Section Seven hereby shall be presented for approval by placing the question on the ballot to the Collier County electorate at a referendum election to be called at the discretion and by resolution of the Board of County Commissioners. (b) The question on the ballot shall be substantially as follows: AD VALOREM TAX LEVY TO FUND THE CHILDREN' S SERVICES COUNCIL Shall the Children's Services Council created by Ordinance No. 90- to provide improvement of services for children throughout Collier County be granted the authority to levy each 6 ■ year an ad valorem tax not to exceed one-half mill to fund such services for children? YES (for approval) NO (for rejection) SECTION TEN. 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 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 ELEVEN. EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1990. ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk OF COLLIER COUNTY, FLORIDA By: MAX A. HASSE, JR. , Chairman Approved as to form and legal sufficiency: • A,, .ice._ ' for Brenda C. irson Assistant County Attorney 7 BEFORE THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE CREATION OF A COUNTY-WIDE INDEPENDENT SPECIAL DISTRICT TO PROVIDE JUVENILE WELFARE SERVICES THROUGHOUT COLLIER COUNTY; PROVIDING FOR A GOVERNING BOARD TO BE KNOWN AS THE CHILDREN' S SERVICES COUNCIL OF COLLIER COUNTY; PROVIDING FOR THE MEMBERSHIP AND DUTIES OF THE COUNCIL ; PROVIDING FOR AUTHORIZATION OF THE LEVY OF AD VALOREM TAXES NOT TO EXCEED ONE-HALF MILL SUBJECT TO A REFERENDUM; AND PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, AN EFFECTIVE DATE AND CODIFICATION . ORDINANCE NUMBER