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Ordinance 2002-59ORDINANCE NO. 2002- 5 9 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 96-84 WHICH CREATED THE RADIO,- ROAD BEAUTIFICATION MUNICIPAL SERVICE~i~i~ ! TAXING UNIT; PROVIDING FOR AMENDMENT SECTION THREE TO EXPAND THE PURPOSE INCLUDE THE COST FOR CURBING, WATERIN~o-~.~. FACILITIES, PLANTINGS AND MAINTENANCE OF THI~'~ MEDIAN AREAS OF ANY PUBLIC ROADWA~ ADJOINING RADIO ROAD WITHIN THE BOUNDARIES~ OF THE UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 17, 1996, the Board of County Commissioners adopted Ordinance No. 96-84 which created the Radio Road Beautification Municipal Service Taxing Unit ("MSTU"); and WHEREAS, on September 17, 2002, the Radio Road Beautification Municipal Service Taxing Unit Advisory Board voted to include the cost of maintenance of the medians on Devonshire Boulevard in the fiscal year '92/'93 budget; and WHEREAS, the Board of County Commissioners desires to change the Ordinance to allow median and right-of-way work on Radio Road and any adjoining public road within the MSTU boundaries. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 1996-84. Section Three is amended to read as follows: SECTION THREE: PURPOSE AND GOVERNING BODY. The MSTU is created for the purpose of providing curbing, watering facilities, plantings and maintenance of the median areas for that portion of Radio Road lying between Airport- Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road within the MSTU boundaries. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. 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 Ordinance may be renumbered or 1 Words Underlined are added; Words gtqqa64q-~.ough are deleted. re-lettered to accomplish such, and the word "ordinance" may be changed to "section," 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 take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this it~-~4~ da of ~, 2002. ,,," .-~- ia~,~. ~ "% r?D~D: .[~lq',B~ BOARD OF CO~TY COMMISSIO~RS OF .~ES,T,..~ :~] -<: COLLAR CO~TY, FLORIDA ~ -? .:,..~ %~,O,A....~ .. JA~S N. CaLErA, cHAPMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney This ordinance filed with the Secretary of State's Office the _2Z% v of zoo'z- and acknowledgemen~:~ that filing received this _. _ day h:HFA\Ord~mcndRadioRdlBeautification96.84 2 Words Underlined are added; Words ~ are deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2002-59 .Which was adopted by the Board of County Commissioners on the 19th day of November, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of November, 2002. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to, Board of County com_~~ners Y:5 ~a~%Fcla~.: ~organ,