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Agenda 12/07/2017 PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING THURSDAY, DECEMBER 7, 2017 THE COST SAVING STRATEGIES AD HOC COMMITTEE OF THE PELICAN BAY SERVICES DIVISION WILL MEET ON DECEMBER 7 AT 3 PM AT THE PELICAN BAY SERVICES DIVISION, THIRD FLOOR OF THE SUNTRUST BLDG., SUITE 302, LOCATED AT 801 LAUREL OAK DRIVE, NAPLES, FL, 34108. AGENDA 1. Pledge of Allegiance 2. Roll call 3. Agenda approval 4. Audience comments 5. Walkway Discussions a. Power Point presentation on existing Pelican Bay walkways b. Discussion of existing walkway condition c. Future options, including potential for conversion to concrete, expansion of width, and addition of walkways where none currently exist d. Potential for PBSD management— costs & funding e. Liability considerations f. BCC receptivity 6. Proposed Ordinance changes a. Sidewalk responsibility b. Lifetime term limits for Chairman c. Requirement of representative from PBF d. Potential risks associated with Ordinance modifications — Plan "B" e. BCC receptivity 7. Forward Plan/Recommendations 8. Adjournment ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO THREE (3) MINUTES PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT (239) 597-1749 OR VISIT PELICANBAYSERVICESDIVISION.NET. 11/29/2017 2:43:22 PM Agenda Item#5 Page 1 of 1 Several PBSD board members and Pelican Bay residents have noted that the condition and appearance of Pelican Bay walkways is not good and not congruent with the expectations of the community. Collier County currently maintains Pelican Bay walkways through the Road & Bridge Department. The PBSD Landscape & Safety committee has examined issues surrounding our walkways and concluded that no material improvement in the current condition is likely under continued county management. The L&S committee has also come to believe that improving our walkways to ADA and community standards will eventually require replacement with concrete, a replacement which is almost certainly not going to occur while under county management. For these reasons, the L&S committee has recommended that the responsibility for maintenance of Pelican Bay sidewalks be moved from the County's Road & Bridge Department to the PBSD. The PBSD Budget committee has examined the costs associated with maintenance and/or replacement of Pelican Bay walkways and is confident that we understand the financial obligation which would be assumed. For PBSD to take over responsibility for walkways in Pelican Bay, an amendment to the ordinance which created the PBSD and defines it's responsibilities would be required This meeting intends to further examine the condition of our walkways and the advisability of the PBSD assuming responsibility for future maintenance and/or replacement. Additionally, we shall examine any potential changes to Ordinance No. 2013-19 which would be required to assume walkway responsibility AND any other changes which history has shown to be unwelcome. Members (and anyone planning on attending) should familiarize themselves with the succession of controlling PBSD Ordinances (No. 2002-27, No. 2006-05, No. 2009-05 and No. 2013-19) For the purposes of discussion, a set of pro-forma changes to Ordinance No. 2013-19 is attached for consideration in advance of the meeting. Agenda Item#6 Page 1 of 2 Potential modifications to Collier County Ordinance 2013-19 SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2002-27, AS AMENDED Section Four is hereby amended as follows: SECTION FOUR: Purpose; powers. The Unit is formed for the purpose of providing street lighting, water management,the installation and maintenance of sidewalks, beach renourishment, ambient noise management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas including the restoration of the mangrove forest preserve and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road in the above described taxing and benefit unit and to that end shall possess all the powers to do all things reasonably necessary to provide such services. The Unit will be solely responsible for advising the County on dredging and maintaining Clam Pass for the propose of enhancing the health of the affected mangrove forest, and will manage such activities for the County. SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2002-27,AS AMENDED. Section Seven is hereby amended as follows: SECTION SEVEN: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee known as the Pelican Bay Services Division Board. Concurrent with the passage of the Ordinance, an 11 member advisory committee to be know as the Pelican Bay Services Division Board (PBSD Board) is hereby created. Those individuals who are members of the PBSD board pursuant to Collier County Ordinance No. 90- 111, as amended, as of the moment prior to the effective date of this Ordinance, shall continue on as members of the PBSD Board until March 31st of the year in which their term would have expired as set forth in the prior ordinances, and shall continue to hold over and serve in that capacity until their position is filled as provided for in this Ordinance. In addition,there shall be 1 non voting member nominated by the Pelican Bay Foundation in the manner set forth below. This non voting member shall not be subject to the voting requirements set forth below. Words Underlined are added; Words StruckThrough are deleted. Agenda Item#6 Page 2 of 2 SECTION THREE: AMENDMENT TO SECTION EIGHT OF ORDINANCE NO. 2002-27, AS AMENDED. Section Eight is hereby amended as follows: SECTION EIGHT: Composition, nomination and appointment. A) The PBSD Board shall be representative of the residential, business and commercial interests and landowners in Pelican Bay. To that end, nine of the PBSD Board members shall be representative of the residential interests within the Unit and two of the PBSD Board members shall be representative of the commercial and business interests within the Unit. The non voting member shall be recommended . . ...•- --- - -- '- • • =• -• • -• •. appearance of impropriety. Members of the PBSD Board shall be appointed by and serve at the pleasure of the Board of County Commissioners pursuant to the procedure outlined herein. The nine (9) BPSD Board members representative of the residential interests within the Unit, and the non voting member recommended for appointment by the Pelican Bay Foundation, shall be residents of and qualified electors within the Unit. The two PBSD Board members representative of the commercial/business/other interests shall be residents of and qualified electors in Collier County. SECTION FOUR: AMENDMENT TO SECTCION ELEVEN OF ORDINANCE NO. 2002-27, AS AMENDED. Section Eleven is hereby amended as follows: SECTON ELEVEN: Officers; quorum; rules of procedure. A) At its earliest opportunity, the membership of the PBSD Board shall elect a chairman and vice chairs from among those members willing to serve. Officers' terms shall be for one year, with no eligibility for re election. There shall be no limitations on members serving multiple terms as chairman or vice chair. Officers terms arc to be on a rotating basis. Immediately following the election of a new Board, a new chair and vice-chair shall be elected. Words Underlined are added; Words StruckThrough are deleted. 10,���1374is� e 'sem I,d Is au t /Bei ORDINANCE NO.2002-27 N • ORDINANCE CREATING THE PELICAN BAY MUNICIPAL SERVICE AXING AND BENEFIT UNIT;SETTING FORTH THE BOUNDARIES OF THE -w�gzeg4Z� UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT;PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION AND ASSESSMENT RATE; PROVIDING FOR TAX AND ASSESSMENT IMPOSITION AND COI.I,FCTION;PROVIDING FOR THE CREATION OF THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE;PROVIDING FOR COMPOSITION, NOMINATION AND APPOINTMENT; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS;PROVIDING FOR OFFICERS,QUORUM,RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR FUNCTIONS,POWERS AND DUTIES OF THE COMMITTEE;PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR A REVIEW PROCESS; PROVIDING FOR OPPORTUNITY TO COMMENT PRIOR TO INITIAL IMPLEMENTATION OF USE OF TAXING OR ASSESSING AUTHORITY; PROVIDING FOR SUPERCESSION, REPEAL AND CONSOLIDATION OF PRIOR ORDINANCES, INCLUDING REPEAL OF ORDINANCE NO.90-111,AS AMENDED,THE ORIGINAL 1990 ORDINANCE CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT,ORDINANCE NOS.91-22,98-113,99-98,2000-22,2000-82 AND 2001-19 AND PROVIDING FOR SUPERCESSION,REPEAL AND CONSOLIDATION OF ORDINANCE NOS.78-67,80-53,82-122,85-9,86-29 AND 88-35 RELATING TO STREET LIGHTING; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EF1 .TPI DATE. r-t2_.! c__ 1 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD QF-,COUNTY- COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: rn_ -n j SECTION ONE: Creation of the Pelican Bay Municipal Service Taxind Bcnefi Unit. zv w d r" r. Pursuant to Chapter 125, Florida Statutes, and Collier County Ordinance No. 88-23, the Pelican Bay Municipal Service Taxing and Benefit Unit(hereinafter"Unit")is hereby created for the purpose of providing street lighting,water management,extraordinary law enforcement service and beautification,including but not limited to beautification of recreation facilities,sidewalk,street and median areas, identification markers, the maintenance of conservation or preserve areas and to finance the landscaping beautification of only that portion of U.S.41 from Pine Ridge Road to Vanderbilt Beach Road.While repealing prior ordinances pertaining to the Unit,the purpose of this Ordinance is to adopt a new ordinance that consolidates said preexisting ordinances into one easily read and understood ordinance,with some modifications that express the will of the property owners within the Unit. 1 SECTION TWO: Boundaries of the Unit. The Pelican Bay Municipal Service Taxing and Benefit Unit is comprised of and includes those lands as described on the attached Exhibit"A"and as depicted on the map attached hereto as Exhibit"B". SECTION THREE: Governing Body. The governing body of the Unit shall be ex-officio the Board of County Commissioners of Collier County,Florida. SECTION FOUR: Purpose;Powers. The Unit is formed for the purpose of providing street lighting,water management,ambient noise management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas and to finance the landscaping beautification of only that portion of U.S.41 from Pine Ridge Road to Vanderbilt Beach Road in the above-described taxing and benefit unit and to that end shall possess all the powers to do all things reasonably necessary to provide such services. SECTION FIVE: Annual Estimates of Expenses;Taxation&Assessment Rate. For the purpose of carrying into effect and the administration of this Ordinance,the Board of County Commissioners shall annually,at the time required by general budgetary law,review and adopt an itemized estimate of the amount of money required to carry out the business of the Unit for the next fiscal year,which shall be from October 1 to and including September 30 following(the "Budget"). The proposed Budget shall be prepared in consultation with and reviewed by the Municipal Service Taxing and Benefit Unit Advisory Committee (the "Committee") prior to its consideration by the Board of County Commissioners and after review by the Committee,the budget shall be heard, considered and adopted by the Board of County Commissioners as provided for herein. The proposed Budget shall describe the purpose or purposes for which the moneys are required and the amount necessary to be raised by taxation and special assessment within the Unit. At the time and place for establishing the annual rate of taxation for County purposes,the Board of County Commissioners shall fix and cause to be levied on all property within the Unit subject to taxation or assessment a millage and assessment sufficient to meet the requirements of the Budget; provided,however,the total millage shall not exceed the millage authorized by law for municipal 2 service,taxing and benefit units. SECTION SIX: Tax and Assessment,Imposition and Collection. Taxes and assessments herein provided for shall be levied and assessed, imposed and collected in the same manner and form as provided for the levy and assessment and collection of general County taxes subject to the same fees for assessing and collecting as general County taxes in accordance with general law. SECTION SEVEN: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee. Concurrent with the passage of the Ordinance,an eleven(11)member advisory committee to be known as the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee is hereby created.Those individuals who are members of the Committee pursuant to Collier County Ordinance No.90-111,as amended,as of the moment prior to the effective date of this Ordinance, shall continue on as members of the Committee until March 31st of the year in which their term would have expired as set forth in the prior ordinances,and shall continue to hold over and serve in that capacity until their position is filled as provided for in this Ordinance. SECTION EIGHT: Composition,Nomination and Appointment A) The Committee shall be representative of the residential,business and commercial interests and landowners in Pelican Bay. To that end,nine(9)of the Committee members shall be representative of the residential interests within the Unit and two(2)of the Committee members shall be representative of the commercial and business interests within the Unit. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners pursuant to the procedure outlined herein.The nine(9)Committee members representative of the residential interests within the Unit shall be residents of and qualified electors within the Unit.The two(2)Committee members representative of the commercial/business/other interests shall be residents of and qualified electors in Collier County. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners,which resolution shall set forth the date of appointment and the term of office. Any member of the Committee who ceases to meet the requisite qualifications during his or her term of office shall immediately advise the Board of County Commissioners in writing of such change in status, Upon the Board of County Commissioners receiving such notice, otherwise becoming aware of such vacancy,or if a vacancy occurs by any other process,the Board of County 3 Commissioners shall declare the position to be vacant and shall promptly consider filling the vacant position with a person meeting the requisite qualifications as outlined herein: i)who continues to desire to be appointed and ii)who,in the immediately preceding recommendatory balloting received the greatest number of votes among the unsuccessful candidates vying for the position (i.e. "Residential interest"or"Commercial/Business/Other interest")which has become vacant. B) The terms and provisions of Section Six of Collier County Ordinance No.2001-55, titled"PROCESS OF APPOINTMENT"shall not be applicable to appointment of members to the Unit. C) Upon adoption of this Ordinance, all of the members of the Committee shall be appointed by,and all vacancies shall be filled by,the Board of County Commissioners,in the manner outlined herein, beginning with appointment to the Committee of members to fill expiring memberships. All appointments of members to the Committee shall be at the sole and complete discretion of the Board of County Commissioners.Provided however,that the Board of County Commissioners will take into consideration and give great weight to the recommendations of the property owners within the Unit, utilizing the process outlined herein. Beginning with the second Tuesday in December, 2002, and each second Tuesday in December thereafter, the Board of County Commissioners shall publicly announce and advertise all current vacancy(ies)on the Committee as of that date and shall request that applications be submitted to the Board of County Commissioners to fill the expired term(s). All such applications shall be submitted in writing to the Board of County Commissioners no later than 28 days after said announcement as determined by the postmark on mailed applications and the time stamp on hand delivered applications. The name(s) of all appropriately qualified individuals timely submitted to the Board of County Commissioners shall be considered nominees for appointment to fill said expired term(s). The Board of County Commissioners shall then publish said list of nominees and the positions on the Committee for which they have been nominated (i.e., for the "residential interests" or for the "commercial/business/other interests")and deliver a conformed copy thereof to the Clerk of Courts (the"Clerk"). The Clerk shall cause the name of each nominee as reported and published by the Board of County Commissioners to be included on the mail ballot,which ballot shall be mailed to all of the 4 non-governmental property owners of the class(i.e."Residential or Commercial/Business/Other") corresponding with the class for which the balloting is occurring ("Residential or Commercial/Business/Other") within the Unit no less than thirty (30)days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. E) i. One(1)indivisible vote may be cast for each parcel in the Unit regardless of the number of persons who have an ownership interest in the property or the manner in which title is held by them, with each discrete parcel being those as listed by the Property Appraiser of Collier County and as approved by resolution of the Board of County Commissioners. Commercial/Business/Other owners cast ballots only for "Commercial/Business/Other interest" positions and Residential owners cast ballots only for"Residential interest" positions. Only one ballot shall be counted for each parcel. If multiple ballots are cast for the same parcel by owners of record,all ballots for that parcel will be deemed invalid. It is not the responsibility of the Clerk or the County Attorney to determine or select the ballot to be counted wherein multiple ballots for a parcel are cast as described herein. ii. For purposes of determining record title owners of property entitled to cast ballots, the listed record title owners of property as evidenced by the Collier County Property Appraiser's tax rolls as of sixty(60)days prior to the balloting date shall be utilized and deemed conclusive.Not less than forty-five(45)days prior to the balloting date,the Property Appraiser shall provide the Clerk and the Board of County Commissioners with the list of all parcels within the Unit, each parcel's identification number,the names of the property owners and their addresses,with said list designating each parcel as either residential/commercial/other (based upon the Property Appraiser's classification system). iii. The mail ballots shall be cast directly with the Clerk.At the place and time stated in the notice of the balloting published by the Board of County Commissioners,the Clerk, with the assistance of the County Attorney's Office,shall open and count the ballots,which have been returned to the Clerk as of the date and time stated in such notice of balloting,in a manner which the Clerk deems advisable and not inconsistent with the provisions of this Ordinance.Any member of the public shall be entitled to attend and observe. The determination of the Clerk and the County Attorney of validity of any ballot shall be final. iv. The nominee(s)receiving a plurality of the ballots cast in each category of 5 membership shall be deemed the successful nominee(s) and their name(s) shall be reported and forwarded to the Board of County Commissioners.The Board of County Commissioners shall then, at their next regularly scheduled meeting,make the necessary appointments to fill said positions. F) The cost of the nomination and balloting process shall be borne by the Board of County Commissioners. SECTION NINE: Terms of Office. In 2002,of the four(4)terms which are expiring: i)two(2)positions shall be filled with persons representative of the residential interests who shall each be appointed for a four(4) year term; and ii) two (2) positions shall be filled with persons representative of the commercial/business/other interests, wherein one(1)person will be appointed for a four(4)year term and one (1) person appointed for a two (2) year term. Thereafter, each appointment or reappointment shall be for a term of four(4)years. Each new term of appointment will begin on the date of appointment and expire on March 31st A member of the Committee may be reappointed by the Board of County Commissioners without limitations. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION TEN: Removal From Office;Failure to Attend Meetings. A) Any member of the Committee may be removed from office by a majority vote of the Board of County Commissioners. B) Notwithstanding the provisions of Collier County Ordinance No. 2001-55 as to attendance,if any member of the Committee fails to attend two(2)consecutive Committee meetings without a satisfactory excuse,as determined by the committee,or if a member is absent from more than one-half of the Committee's meetings in a given fiscal year,the Committee shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners in conformance with this Ordinance. SECTION F1.FVEN: Officers;Ouorum;Rules of Procedure. A) At its earliest opportunity,the membership of the Committee shall elect a chairman and vice chairman from among the members. Officers' terms shall be for one (1) year, with eligibility for re-election. B) The presence of six(6)or more members shall constitute a quorum of the Committee 6 necessary to take action and transact business. In addition,an affirmative vote of a majority of the members present shall be necessary in order to take action,except that an affirmative vote of seven (7)or more members present shall be required to recommend the Budget for the Unit to the Board of County Commissioners. C) The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business of the committee and shall keep a detailed record of meetings,resolutions,findings and determinations. SECTION TWELVE: Reimbursement of Expenses. Members of the Committee shall serve without compensation,but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION THIRTEEN: Functions,Powers and Duties of the Committee. The functions,powers and duties of the Committee shall be as follows,and shall be carried out consistent with the provisions of the Memorandum of Understanding/Letter of Understanding referenced herein: A) With the assistance of the County Manager,provide input to the Board of County Commissioners in carrying out the purposes of the Pelican Bay Municipal Service Taxing and Benefit Unit as set forth in this Ordinance. B) Upon any decision by the Board of County Commissioners to dissolve, merge or otherwise change or discontinue the functions or services provided by the Pelican Bay Improvement District,the Committee shall be prepared to and shall aid,assist and provide input to the County Manager and the Board of County Commissioners,within the time frame requested,in effectuating a smooth and expeditious transfer of street lighting,water management and beautification services, responsibilities and obligations to the Unit. C) With the assistance of the County Manager,to prepare and recommend to the Board of County Commissioners an itemized Budget of the amount of money required to carry out the business of the Unit for the next fiscal year. D) The Committee shall recommend work programs and priorities to the Board of County Commissioners in accordance with the adopted Budget or Budget amendments which may be adopted by the Board of County Commissioners in accordance with law. The execution of work 7 programs shall be under the direct supervision and responsibility of the County Manager with the assistance of the Committee and County staff in accordance with the Memorandum of Agreement/Letter of Understanding. Said work may be performed under contract(in accordance with law and County policy)or by County forces. E) To enter into a Memorandum of Agreement/Letter of Understanding with the Board of County Commissioners,and with the County Manager,wherein the parties outline that the intent in the operation of the Unit is to allow the Committee to exercise decision and control of the day to day operational affairs of the Unit to the maximum extent allowed by law,unless and except when there is some overriding governmental reason to do otherwise. SECTION FOURTEEN: Duties of the County Manager. The duties of the County Manager or his designee shall be: A) To administer the activities of the Unit in accordance with the Memorandum of Agreement/Letter of Understanding, and the established policies of the Board of County Commissioners,subject to the terms of this Ordinance. B) To assist the Committee performing its functions as defined by this Ordinance including the preparation of the proposed annual Budget. C) Provide periodic written reports to the Committee and the Board of County Commissioners on the activities of the Unit and its finances. D) To require any contract manager or employee manager of the Unit to report directly to the County Manager. SECTION 1-'IFIEEN: Review Process. This Ordinance shall be reviewed once every four (4) years, in accordance with the procedures contained in Collier County Ordinance No.2001-55. SECTION SIXTEEN: Opportunity to Comment Prior to Initial Implementation or Use of the Unit's Taxing and Assessment Authority. Prior to adopting the Budget for the Unit and implementing any taxing or assessment authority under this Unit, the Board of County Commissioners shall hold a public hearing upon reasonable notice in a local newspaper of general circulation. At such public hearing the Board of County Commissioners will consider the Budget recommended by the Advisory Committee and provide the public the opportunity to comment on the proposed Budget and the implementation or use of the Unit's taxing and assessment authority. 8 SECTION SEVENTEEN: Supercession,Repeal and Consolidation of Prior Ordinances. A) Collier County Ordinances Nos.90-111,91-22,98-113,99-98,2000-22,2000-82, and 2001-9 are hereby repealed in their entirety. B) Collier County Ordinances No.78-67,80-53,82-122,85-9,86-29,and 88-35 are hereby superseded and repealed to the extent same are either inconsistent or not harmonious with this Ordinance and consolidated with the Unit for the purposes of providing street lighting. SECTION EIGHTEEN: 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 NINETEEN: Construction. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION TWENTY: Inclusion in 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 numbered or re-lettered to accomplish such,and the word"ordinance"may be changed to"section","article",or any other appropriate word. SECTION TWENTY-ONE: 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 Ai 8, day of ,2002. . Attit as is Chs 11ms11's Arit,kn. Mlr. BOARD OF COUNTY COMMISSIONERS DWIGHT<E.BROOK',CLERK /� COI.1.TFR COUNN Y,FLO: i A ' 'r-1 � � .N BY: :•'�. / N W_j� 1 JA t.+ `.COCA,CHA MAN A 6i4e. s to, . d legal s fi �' ciency: David.C. Weigel Countyl}Gtiontellhance filed with the Socretc mote's Office the 3rd w& , aooa_ cr d z..:' • r•:: :':•,ment'pkthat 9 filir r -ai✓ed this /V day nn of si12147w4;470 Do,,uty Clerk EXHIBIT A The Pelican Bay Services District is comprised of and includes those lands described as follov, A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4 , 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, being one and the same as the lands encompassed by the Pelican Bay Improvement District, the perimeter boundary of same more particularly described as follows: Commencing at the Southeast corner of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point on the West right-of-way line of U.S. 41 (State Road 45) , said point also being the Point of Beginning; thence Southerly along the West right-of-way line of said U. S. 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the Public Records of said Collier County; thence departing said U.S. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West along said North • right-of-way line a distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit 1 as recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit 1 and the South line of said Section 9 a distance of 2496.67 feet to the Southwest corner of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established May 15, 1968; thence a Northwesterly direction along said mean high water line a distance 15716 feet more or less; thence departing said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 121 among said Public Records a distance of 7385 feet more or less to a point on said West right-of-way line of U. 6. 41 (State Road 45) ; thence South 00 degrees 58 minutes 36 seconds East along said West right-of-way line a distance of 2574.36 feet to the Point of Beginning. • Exhibit B ` . t2 I +:._.,;_., Or a • AAIb " Motel 8 y at E'al-!,---.%,..-- E 32 f ' " •o ill 3 in S on 4 b COL j.... Z< 4' '°. :aTta�gck I o- i�Y ,Markey i4 L. r ['ateWine rt n `3j viz 9 $pELI +k 11:YUPPER ` .- rnt , ' ' 6,Ik. VD 1 ,laJANE= N A} C L 1.6*. fel, ET0ICAN LL. A 'l}. 73 rn Y 1 1 . • D L r0 / y W er waooH 7 8 AOawLA 3 2 .;4•/ l SE" e_ ..t‘ TrURF a ,� AIIeMOn , 1 'I �Nanh \ •.1 ea /, . and ° ��•f,;���l'^r�IBM.n. LA p1N IDE IA r D ... Walk t AnnOWl 4O L&' ; MOPE - rL .� • 2 OAKMOIT"PKWY , Beach ♦ MT POINT' DR . mFaciIily 3AND,POINIL t7 '� •••oti Ip ,k f " ubha e • lik ') Z -INQP ,.,,,,.'fi:::..4-, J t /4 r•) t. n r\j L% '4'�4 i 1 471. ,\i, j ' '69 V. . I. 9Y , CLAM PAS. `met .1 J 'qo� ` \ a �r °1 y • • .i'� V 1E, P Pada 'I c' F , BLV'' °A ult Wi- n - ��en[er HERON POI .,,.... NT • -1. In[the 'OUTER ✓ CLAM 3. . s3atesia.-: IIII I .BAY it ra OR ..�*� ,A t peShops e J j . - s=. .a t;96 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. 2000-82 Which was adopted by the Board of County Commissioners on the 28th day of November, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of December, 2000. DWIGHT E. BROCK Clerk of Courts and (rT 3ti r t ' ._ Ex-officio to Board Dp �� ,s County Commissioners; :•;;•r..sg'*1;k:O, "N: By: Ellie Hoffman Deputy Clerk "' "' 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 and correct copy of : ORDINANCE 2002-27 Which was adopted by the Board of County Commissioners on the 28th day of May, 2002 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of May, 2002 . DWIGHT E. BROCK Clerk of Courts and Clerk-. ,' •:, Ex-officio to Board;,of6 County Commissioners ,(Q�e / Y'' .tis .',�•�� v By: Ellie Hoffman, t.1 ,t , Deputy Clerk (GP10101112oz; N g'pi08 Ot ffi ORDINANCE NO.2006- 05 es ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.2002-27 cs'• � EATING THE PELICAN BAY MUNICIPAL ANDBENEFIT �9ZSZ1tti UNIT;PROVIDING FOR: MODIFICATION OF PURPOSE RELATNGTO THE MANGROVE FOREST PRESERVE; CHANGE OF NAME OF ADVISORY COMMITTEE TO THE PELICAN BAY SERVICES DIVISION BOARD; REVISION OF APPOINTMENT PROCEDURES UPON VACANCY; REVISION OF DUTIES OF THE ADVISORY COMMITTEE (PELICAN BAY SERVICES DIVISION BOARD)AND THE COUNTY MANAGER;MULTIPLE VICE CHAIRS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,on May 28,2002,the Collier County Board of County Commissioners(the "Board")working with the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee residential and commercial property owners of Pelican Bay,adopted Collier County Ordinance No. 2002-27 pertaining to the Pelican Bay Municipal Service Taxing and Benefit Unit;and WHEREAS,after three and one-half years of administration and practical application of Ordinance No. 2002-27,the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee has considered and requested the Board to consider and adopt certain discrete revisions amending Ordinance No. 2002-27 and has coordinated such desire with the County Manager;and WHEREAS,the Board,having considered the request of the Advisory Committee,does hereupon amend Collier County Ordinance No.2002-27. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION ONE OF COLLIER' COYJNTY ORDINANCE NO.2002-27: Section One is hereby amended to read as follows: • SECTION ONE: Creation of the Pelican Bay Municipal Service Taxing and :.,` Benefit Unit. Pursuant to Chapter 125,Florida Statutes,and Collier County Ordinance No: 88-23, the Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter "Unit") is hereby created for the purpose of providing street lighting, water management,extraordinary law enforcement service and beautification,including but not limited to beautification of recreation facilities,sidewalk,street and median areas, identification markers,the maintenance of conservation or preserve areas,including Page I of 11 Words underlined are added;Words are deleted. the restoration of the mangrove forest preserve and to finance the landscaping beautification of only that portion of U.S.41 from Pine Ridge Road to Vanderbilt Beach Road.While repealing prior ordinances pertaining to the Unit,the purpose of this Ordinance is to adopt a new ordinance that consolidates said preexisting ordinances into one easily read and understood ordinance,with some modifications that express the will of the property owners within the Unit. SECTION TWO: AMENDMENT TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO.2002-27 Section Four is hereby amended to read as follows: SECTION FOUR: Purpose;Powers. The Unit is formed for the purpose of providing street lighting, water management,ambient noise management,extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas including the restoration of the mangrove forest preserve and to finance the landscaping beautification of only that portion of U.S.41 from Pine Ridge Road to Vanderbilt Beach Road in the above-described taxing and benefit unit and to that end shall possess all the powers to do all things reasonably necessary to provide such services. SECTION THREE: AMENDMENT TO SECTION FIVE OF COLLIER COUNTY ORDINANCE NO.2002-27 Section Five is hereby amended to read as follows: SECTION FIVE: Annual Estimates of Expenses;Taxation&Assessment Rate. For the purpose of carrying into effect and the administration of this Ordinance,the Board of County Commissioners shall annually,at the time required by general budgetary law,review and adopt an itemized estimate of the amount of money required to carry out the business of the Unit for the next fiscal year,which shall be from October 1 to and including September 30 following(the"Budget"). The proposed Budget shall be prepared ' and reviewed by the Pelican Bay Services Division Board prior to its consideration by the Board of County Commissioners and after review by the Committee Pelican Bay Services Page 2 of 11 Words underlined are added;Words sieugh are deleted. Division Board,the budget shall be heard,considered and adopted by the Board of County Commissioners as provided for herein. The proposed Budget shall describe the purpose or purposes for which the moneys are required and the amount necessary to be raised by taxation and special assessment within the Unit. At the time and place for establishing the annual rate of taxation for County purposes,the Board of County Commissioners shall fix and cause to be levied on all property within the Unit subject to taxation or assessment a millage and assessment sufficient to meet the requirements of the Budget;provided,however,the total millage shall not exceed the millage authorized by law for municipal service,taxing and benefit units. SECTION FOUR: AMENDMENT TO SECTION SEVEN OF COLLIER COUNTY ORDINANCE NO.2002-27 Section Seven is hereby amended'to read as follows: SECTION SEVEN: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee Known as the Pelican Bay Services Division Board. Concurrent with the passage of the Ordinance, an eleven (11) member advisory committee to be known as the Pelican Bay Services Division Board(PBSD Board) .. . • - . _ •• -- • - - •• •- is hereby created.Those individuals who are members of the PBSD Board Committee pursuant to Collier County Ordinance No.90-111,as amended,as of the moment prior to the effective date of this Ordinance,shall continue on as members of the PBSD Board Genimittee until March 31st of the year in which their term would have expired as set forth in the prior ordinances, and shall continue to hold over and serve in that capacity until their position is filled as provided for in this Ordinance. SECTION FIVE: AMENDMENT TO SECTION EIGHT OF COLLIER COUNTY ORDINANCE NO.2002-27 Section Eight is hereby amended to read as follows: SECTION EIGHT: Composition,Nomination and Appointment. A) The PBSD Board Committee-shall be representative of the residential, business and commercial interests and landowners in Pelican Bay. To that end,nine (9)of the PBSD BoardGemmittee members shall be representative of the residential interests within the Unit and two(2)of the PBSD BoardCommittee members shall be representative of the commercial and business interests within the Unit. Page 3 of 11 Words underlined are added;Words struck-tough are deleted. Members of the PBSD BoardCemtittee shall be appointed by and serve at the pleasure of the Board of County Commissioners pursuant to the procedure outlined herein.The nine(9)PBSD BoardCommittee members representative of the residential interests within the Unit shall be residents of and qualified electors within the Unit. The two (2) PBSD BoardCommittee members representative of the commercial/business/other interests shall be residents of and qualified electors in Collier County. Appointment of members to the PBSD Boardgeffinlittee shall be by resolution of the Board of County Commissioners,which resolution shall set forth the date of appointment and the term of office. Any member of the PBSD BoardGeni:,ittee who ceases to meet the requisite qualifications during his or her term of office shall immediately advise the Board of County Commissioners in writing of such change in status.Upon the Board of County Commissioners receiving such notice,otherwise becoming aware of such vacancy,or if a vacancy occurs by any other process,the Board of County Commissioners shall declare the position to be vacant and shall promptly consider filling the vacant position with a person from among the unsuccessful candidate(s)vying for the position from the immediately preceding recommendatory balloting that receives recommendation from the PBSD Board. In the event the PBSD Board should fail to provide its recommendation to the Board of County Commissioners within twenty days of the Board of County Commissioners being informed of"member's change in status,"the Board of County Commissioners shall appoint the recent unsuccessful candidate that received the greatest number of votes among those unsuccessful candidates.In the event that there are no prior unsuccessful candidates available for appointment to the PBSD Board as provided herein, the vacant position shall be filled pursuant to the procedures of Collier County Ordinance No.2001-55 including as may be amended or its successor ordinance.meeting-the " i. . vacant. Page 4 of 11 Words underlined are added;Words struckrough are deleted. B) The terms and provisions of Section Six of Collier County Ordinance No. 2001-55, titled "PROCESS OF APPOINTMENT" shall not be applicable to appointment of members to the Unit. C) Upon adoption of this Ordinance,all of the members of the PBSD BoardCommittee-shall be appointed by,and all vacancies shall be filled by,the Board of County Commissioners, in the manner outlined herein, beginning with appointment to the PBSD BoardCommittee of members to fill expiring memberships. All appointments of members to the PBSD BoardCommittee-shall be at the sole and complete discretion of the Board of County Commissioners. Provided however,that the Board of County Commissioners will take into consideration and give great weight to the recommendations of the property owners within the Unit, utilizing the process outlined herein. Beginning with the second Tuesday in December, 2002, and each second Tuesday in December thereafter, the Board of County Commissioners shall publicly announce and advertise all current vacancy(ies) on the PBSD Board Committee as of that date and shall request that applications be submitted to the Board of County Commissioners to fill the expiring ehpifed term(s). All such applications shall be submitted in writing to the Board of County Commissioners no later than 28 days after said announcement as determined by the postmark on mailed applications and the time stamp on hand delivered applications.The name(s)of all appropriately qualified individuals timely submitted to the Board of County Commissioners shall be considered nominees for appointment to fill said miring expifed term(s). The Board of County Commissioners shall then publish said list of nominees and the positions on the PBSD Board Committee for which they have been nominated (i.e., for the "residential interests"or for the"commercial/business/other interests")and deliver a conformed copy thereof to the Clerk of Courts(the"Clerk"). The Clerk shall cause the name of each nominee as reported and published by the Board of County Commissioners to be included on the mail ballot,which ballot shall be mailed to all of the non-governmental property owners of the class (i.e. "Residential or Commercial/Business/Other")corresponding with the class for which the balloting is occurring("Residential or Commercial/Business/Other")within the Page 5 of 11 Words underlined are added;Words struck through are deleted. Unit no less than thirty (30)days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. DE) i. One(1)indivisible vote may be cast for each parcel in the Unit regardless of the number of persons who have an ownership interest in the property or the manner in which title is held by them,with each discrete parcel being those as listed by the Property Appraiser of Collier County and as approved by resolution of the Board of County Commissioners. Commercial/Business/Other owners cast ballots only for "Commercial/Business/Other interest" positions and Residential owners cast ballots only for"Residential interest"positions. Only one ballot shall be counted for each parcel. If multiple ballots are cast for the same parcel by owners of record,all ballots for that parcel will be deemed invalid. It is not the responsibility of the CIerk or the County Attorney to determine or select the ballot to be counted wherein multiple ballots for a parcel are cast as described herein. ii. For purposes of determining record title owners of property entitled to cast ballots,the listed record title owners of property as evidenced by the Collier County Property Appraiser's tax rolls as of sixty (60) days prior to the balloting date shall be utilized and deemed conclusive.Not less than forty-five(45) days prior to the balloting date,the Property Appraiser shall provide the Clerk and the Board of County Commissioners with the list of all parcels within the Unit,each parcel's identification number,the names of the property owners and their addresses, with said list designating each parcel as either residential/commercial/other(based upon the Property Appraiser's classification system). iii. The mail ballots shall be cast directly with the Clerk.At the place and time stated in the notice of the balloting published by the Board of County Commissioners,the Clerk,with the assistance of the County Attorney's Office,shall open and count the ballots,which have been returned to the Clerk as of the date and time stated in such notice of balloting,in a manner which the Clerk deems advisable and not inconsistent with the provisions of this Ordinance.Any member of the public shall be entitled to attend and observe. The determination of the Clerk and the County Attorney of validity of any ballot shall be final. iv. The nominee(s)receiving a plurality of the ballots cast in each Page 6 of 11 Words underlined are added;Words struck through are deleted. category of membership shall be deemed the successful nominee(s)and their name(s) shall be reported and forwarded to the Board of County Commissioners.The Board of County Commissioners shall then,at their next regularly scheduled meeting,make the necessary appointments to fill said positions. EF) The cost of the nomination and balloting process shall be borne by the Board of County Commissioners. SECTION SIX: AMENDMENT TO SECTION NINE OF COLLIER COUNTY ORDINANCE NO.2002-27 Section Nine is hereby amended to read as follows: SECTION NINE: Terms of Office of the Pelican Bay Services Division Board. In 2002,of the four(4)terms which are expiring:i)two(2)positions shall be filled with persons representative of the residential interests who shall each be appointed for a four (4) year term; and ii) two (2) positions shall be filled with persons representative of the commercial/business/other interests,wherein one(1) person will be appointed for a four(4)year term and one(1)person appointed for a two(2)year term.Thereafter,each appointment or reappointment shall be for a term of four (4) years. Each new term of appointment will begin on the date of appointment and expire on March 315`. A member of the PBSD BoardCerni ittee may be reappointed by the Board of County Commissioners without limitations. Appointments to fill any vacancies on the PBSD BoardCommittee-shall be for the remainder of the unexpired term of office. SECTION SEVEN: AMENDMENT TO SECTION TEN OF COLLIER COUNTY ORDINANCE NO.2002-27 • Section Ten is hereby amended to read as follows: SECTION TEN: Removal From Office;Failure to Attend Meetings. A) Any member of the PBSD BoardCeminittee may be removed from office by a majority vote of the Board of County Commissioners. B) Notwithstanding the provisions of Collier County Ordinance No. 2001-55 as to attendance, if any member of the PBSD BoardCerttee fails to attend two(2)consecutive BoardCe>aittee meetings without a satisfactory excuse, Page 7 of 11 Words underlined are added;Words ,tu,-:hroug:are deleted. as determined by the PBSD BoardCetttittee,or if a member is absent from more than one-half of the PBSD BoardCemmittee's meetings in a given fiscal year,the PBSD BoardCittee shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners in conformance with this Ordinance. SECTION EIGHT: AMENDMENT TO SECTION ELEVEN OF COLLIER COUNTY ORDINANCE NO.2002-27 Section Eleven is hereby amended to read as follows: SECTION ELEVEN: Officers;Quorum;Rules of Procedure. A) At its earliest opportunity, the membership of the PBSD BoardCommittee shall elect a chairman and vice chairman-from among the members. Officers' terms shall tie for one(1)year,with eligibility for re-election. B) The presence of six(6)or more members shall constitute a quorum of the PBSD BoardCittee necessary to take action and transact business. In addition,an affirmative vote of a majority of the members present shall be necessary in order to take action,except that an affirmative vote of seven(7)or more members present shall be required to recommend the Budget for the Unit to the Board of County Commissioners. C) The PBSD BoardCetmittee-shall, by majority vote of the entire membership,adopt rules of procedure for the transaction of business of the PBSD Boarder and shall keep a detailed record of meetings,resolutions,findings and determinations. • SECTION NINE: AMENDMENT TO SECTION TWELVE OF COLLIER COUNTY ORDINANCE NO.2002-27 Section Twelve is hereby amended to read as follows: SECTION TWELVE: Reimbursement of Expenses. Members of the PBSD BoardCommittee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners after approval by the PBSD Board. SECTION TEN: AMENDMENT TO SECTION THIRTEEN OF COLLIER COUNTY Page 8 of 11 Words underlined are added;Words"-ueiThrh are deleted. ORDINANCE NO.2002-27 Section Thirteen is hereby amended to read as follows: SECTION THIRTEEN: Functions,Powers and Duties of the Pelican Bay Services Division BoardGefflmittee. The functions,powers and duties of the PBSD BoardCo ttecshall be as follows,and shall be carried out consistent with the provisions of the Memorandum of Understanding/Letter of Understanding referenced herein: A) With the assistance of the County Manager,provide input to the Board of County Commissioners in carrying out the purposes of the Pelican Bay Municipal Service Taxing and Benefit Unit as set forth in this Ordinance. B) Upon any decision by the Board of County Commissioners to dissolve,merge or otherwise change or discontinue the functions or services provided by the Pelican Bay MSTBUimpfeveniefit4Natfist,the PBSD BoardCommittee shall be prepared to and shall aid,assist and provide input to the County Manager and the Board of County Commissioners,within the time frame requested,in effectuating a smooth and expeditious transfer of street lighting, water management and beautification services,responsibilities and obligations to the Unit. C) With the assistance of the County Manager, to prepare and recommend to the Board of County Commissioners an itemized Budget of the amount of money required to carry out the business of the Unit for the next fiscal year. D) The PBSD BoardCetee shall recommend work programs and priorities to the Board of County Commissioners in accordance with the adopted Budget or Budget amendments which may be adopted by the Board of County Commissioners in accordance with law. The execution of work programs shall be • under the direct supervision and responsibility of the Pelican Bay Services Division BoardCounty 4erragef to be executed by the Pelican Bay Services Division staff with the assistance of any additional County staff needed in accordance with the Memorandum of Agreement/Letter of Understanding. Said work may be performed under contract{in accordance with law and County policy)or by County forces. Page 9 of 11 Words underlined are added;Words stfuel-th a g,i are deleted. E) To enter into a Memorandum of Agreement/Letter of Understanding with the Board of County Commissioners,and with the County Manager,wherein the parties outline that the intent in the operation of the Unit is to allow the PBSD BoardCittee to exercise decision and control of the day to day operational affairs of the Unit to the maximum extent allowed by law,unless and except when there is some overriding governmental reason to do otherwise. SECTION ELEVEN: AMENDMENT TO SECTION FOURTEEN OF COLLIER COUNTY ORDINANCE NO.2002-27 Section Fourteen is hereby amended to read as follows: SECTION FOURTEEN: Duties of the County Manager. The duties of the County Manager or his designee shall be: A) To participate in the administer administration of the activities of the Unit in accordance with the Memorandum of Agreement/Letter of Understanding, and the established policies of the Board of County Commissioners,subject to the terms of this Ordinance. B) To assist the PBSD BoardCeree performing its functions as defined by this Ordinance including the preparation of the proposed annual Budget. CD) To require any contract manager or employee manager of the Unit to report directly to the County Manager. SECTION TWELVE: AMENDMENT TO SECTION SIXTEEN OF COLLIER COUNTY ORDINANCE NO.2002-27 Section Sixteen is hereby amended to read as follows: SECTION SIXTEEN: Opportunity to Comment Prior to Initial Implementation or • Use of the Unit's Taxing and Assessment Authority. Prior to adopting the Budget for the Unit and implementing any taxing or assessment authority under this Unit,the Board of County Commissioners shall hold a public hearing upon reasonable notice in a local newspaper of general circulation. At such public hearing the Board of County Commissioners will consider the Budget recommended by the PBSD Board and provide the public the opportunity to comment on the proposed Budget and the implementation or use of the Page 10 of 11 Words underlined are added;Words struck through are deleted. Unit's taxing and assessment authority. SECTION THIRTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCE. 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 re- lettered to accomplish such,and the word'ordinance"may be changed to"section,""article,"or any other appropriate word. SECTION FOURTEEN: 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 FIFTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this 24th day of January,2006. AI MST:, : '� BOARD OF COUNTY COMMISSIONERS Dwight'F_$rock; L:ERK COI .IFR COUNTY,FLORIDA . ft IP sock :QEP Y C� BY: /..=' tl asO iU fan's Frank Halas,CHAIRMAN *tire�; 11 ., Approved as to form and legal sufficiency: AtAka David C.Weigel,County Att nit ey 05-000-0000216 This ordinance filed with the SS�e��c//eetary o tote's Office the 1]F(. and acknowledgemenf„pf that fili • rceived thi L day of .• • ..1' Page 11 of 11 . -. S •/ pen,. clerk Words underlined are added;Words sirusk through are deleted. L 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 and correct copy of : ORDINANCE 2006-05 Which was adopted by the Board of County Commissioners on the 24th day of January, 2006 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of January, 2006 . DWIGHT E. BROCK Clerk of Courts.:and Cl. Ex-officio to Board of County Commissioners ' , GI i1OC B : Heidi R. Rockhold, Deputy Clerk 0e Vii -0-,-,zr3, ORDINANCE NO. 2009-05 a� �►a�kU=,� ftp •`ti Ralt `; �t AN ORDINANCE OF THE BOARD OF COUNTY 1 ,oft 2009 `:s. Col COMMISSIONERS OF COLLIER COUNTY, FLORIDA, m AMENDING ORDINANCE NO. 2002-27, AS e �i'.;!4',,'4;-,- `74 PREVIOUSLY AMENDED AND CODIFIED AS ARTICLE �4 '` '�' X464' LXI OF CHAPTER 122 OF THE COLLIER COUNTY 4?9Z ie CODE OF LAWS AND ORDINANCES, PERTAINING TO THE PELICAN BAY SERVICES DIVISION BOARD, BY AMENDING SECTION EIGHT, RELATING TO THE COMPOSITION, NOMINATION AND APPOINTMENT TO THE BOARD BY REVISING THE BALLOTING REQUIREMENTS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 28, 2002, the Collier County Board of County Commissioners, (the "Board") working with the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee residential and commercial property owners of Pelican Bay, adopted Collier County Ordinance No. 2002-27 which in part created the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee; and WHEREAS, Section Eight (C) of this Ordinance provides that nominees for appointment of members to the Pelican Bay Services Division Board (the "PBSD Board"), as renamed by Ordinance No. 2006-05, shall be included on a mail ballot to be sent to all of the non-government property owners of Pelican Bay, with the nominee(s) receiving a plurality of the ballots cast in each category of membership forwarded to the Board for appointment; and WHEREAS, the Ordinance is silent as to whether it is necessary to conduct balloting when the number of nominees for a particular category of membership does not exceed the number of open positions; and WHEREAS, the Board desires to amend the Ordinance to clarify that there is no need to conduct an election when the number of nominees for a particular category does not exceed the number of open positions for that category. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: r- > ;', r�i m cin;', r- rnn rs. rn c. ccicr_ .s� Words Underlined are added;Words o,.n" o4y are deleted. ao D,1"1 Page 1 of 5 SECTION ONE. Amendment to Section Eight of Collier County Ordinance No. 2002- 27, as amended: Section Eight is hereby amended to read as follows: SECTION EIGHT: Composition, nomination and appointment. A) The PBSD Board shall be representative of the residential, business and commercial interests and landowners in Pelican Bay. To that end, nine (9) of the PBSD Board members shall be representative of the residential interests within the Unit and two (2) of the PBSD Board members shall be representative of the commercial and business interests within the Unit. Members of the PBSD Board shall be appointed by and serve at the pleasure of the Board of County Commissioners pursuant to the procedure outlined herein. The nine (9) PBSD Board members representative of the residential interests within the Unit shall be residents of and qualified electors within the Unit. The two PBSD Board members representative of the commercial/business/other interests shall be residents of and qualified electors in Collier County. Appointment of members to the PBSD Board shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. Any member of the PBSD Board who ceases to meet the requisite qualifications during his or her term of office shall immediately advise the Board of County Commissioners in writing of such change in status. Upon the Board of County Commissioners receiving such notice, otherwise becoming aware of such vacancy, or if a vacancy occurs by any other process, the Board of County Commissioners shall declare the position to be vacant and shall promptly consider filling the vacant position with a person from among the unsuccessful candidate(s) vying for the position from the immediately preceding recommendatory balloting that receives recommendation from the PBSD Board. In the event the PBSD Board should fail to provide its recommendation to the Board of County Commissioners within twenty(20) days of the Board of County Commissioners being informed of "member's change in status," the Board of County Commissioners shall appoint the recent unsuccessful candidate that received the greatest number of votes among those unsuccessful candidates. In the event that there are no prior unsuccessful candidates available for appointment to the PBSD Board as provided herein, the vacant position shall be filled pursuant to the procedures of Collier County Ordinance No. 2001-55 including as may be amended or its successor ordinance. B) The terms and provisions of Section Six of Collier County Ordinance No. 2001-55, titled "PROCESS OF APPOINTMENT" shall not be applicable to appointment of members to the Unit. Words Underlined are added;Words Struckh are deleted Page 2 of 5 C) Upon adoption of this Ordinance, all of the members of the PBSD Board shall be appointed by, and all vacancies shall be filled by, the Board of County Commissioners, in the manner outlined herein, beginning with appointment to the PBSD Board of members to fill expiring memberships. All appointments of members to the PBSD Board shall be at the sole and complete discretion of the Board of County Commissioners. Provided however, that the Board of County Commissioners will take into consideration and give great weight to the recommendations of the property owners within the Unit, utilizing the process outlined herein. Beginning with the second Tuesday in December, 2002, and each second Tuesday in December thereafter, the Board of County Commissioners shall publicly announce and advertise all current vacancy(ies) on the PBSD Board as of that date and shall request that applications be submitted to the Board of County Commissioners to fill the expiring term(s). All such applications shall be submitted in writing to the Board of County Commissioners no later than 28 days after said announcement as determined by the postmark on mailed applications and the time stamp on hand delivered applications. The name(s) of all appropriately qualified individuals timely submitted to the Board of County Commissioners shall be considered nominees for appointment to Fill said expiring term(s). The Board of County Commissioners shall then publish said list of nominees and the positions on the PBSD Board for which they have been nominated (i.e., for the "residential interests" or for the "commercial/business/other interests") and deliver a conformed copy thereof to the Clerk of Courts(the "Clerk"). The Clerk shall cause the name of each nominee as reported and published by the Board of County Commissioners to be included on the mail ballot, which ballot shall be mailed to all of the non-governmental property owners of the class (i.e. "Residential or Commercial/Business/Other") corresponding with the class for which the balloting is occurring ("Residential or Commercial/Business/Other") within the Unit no less than thirty (30) days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. D) i. One (1) indivisible vote may be cast for each parcel in the Unit regardless of the number of persons who have an ownership interest in the property or the manner in which title is held by them, with each discrete parcel being those as listed by the Property Appraiser of Collier County and as approved by resolution of the Board of County Commissioners. Commercial/Business/Other owners cast ballots only for "Commercial/ Business/Other interest" positions and Residential owners cast ballots only for "Residential interest" positions. Only one ballot shall be counted for each parcel. If multiple ballots are cast for the same parcel by owners of record, all ballots for that parcel will be deemed invalid. It is not the responsibility of the Clerk or the County Attorney to determine or select the ballot to be counted wherein multiple ballots for a parcel are cast as described herein. ii. For purposes of determining record title owners of property entitled to cast ballots, the Iisted record title owners of property as evidenced by the Collier County Property Appraiser's tax rolls as of sixty (60) days prior to the balloting date shall be utilized and deemed conclusive. Not less than forty-five (45) days prior to the balloting date, the Words Underlined are added;Words Stn.. are deleted. Page 3 of 5 Property Appraiser shall provide the Clerk and the Board of County Commissioners with the list of all parcels within the Unit, each parcel's identification number, the names of the property owners and their addresses, with said list designating each parcel as either residential/commercial/other(based upon the Property Appraiser's classification system). iii. The mail ballots shall be cast directly with the Clerk. At the place and time stated in the notice of the balloting published by the Board of County Commissioners, the Clerk, with the assistance of the County Attorney's Office, shall open and count the ballots, which have been returned to the Clerk as of the date and time stated in such notice of balloting, in a manner which the Clerk deems advisable and not inconsistent with the provisions of this Ordinance. Any member of the public shall be entitled to attend and observe. The determination of the Clerk and the County Attorney of validity of any ballot shall be final. iv. The nominee(s) receiving a plurality of the ballots cast in each category of membership shall be deemed the successful nominee(s) and their name(s) shall be reported and forwarded to the Board of County Commissioners. The Board of County Commissioners shall then, at their next regularly scheduled meeting, make the necessary appointments to fill said positions. E) The cost of the nomination and balloting process shall be borne by the Board of County Commissioners. F) Notwithstanding the foregoing, if the number of nominees for the position which they have been nominated (i.e., for the "residential interests" or for the "commercial/business/other interests") does not exceed the number of open members for that position, then there shall be no balloting for such position. Instead,the list of nominees for the position shall simply be forwarded to the Board of County Commissioners, who, following public hearing on the matter, will make the necessary appointments to fill said positions. 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 re-lettered 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 this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be Words Underlined are added; Words St k--Thfetigh are deleted. Page 4 of 5 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 Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this`-*'v\day of rte\,\.--OavC.I\ , 2009. ATTESS:' . 'E*F: ? BOARD OF COUNTY COMMISSIONERS DWIGIIT E _BROCI ,Clerk COLLIER COUNTY, FLORIDA -:j r . dilifl t-44,, Mad as, to, • , + • ty Clerk DON iA FIALA, Chairman Approved as to form and lei l l suff 'ency: L. rrAMA Jef Ty ' K-47 zkow Co ,ty ' torney This ordinance filed with the Secretory of Ston cs Officec .t_day of V..- AC-g- ond acknowledgement of that filing received this _L._ cloy of 11•a . _ . +s. By *4. '__ peputy Clark: i Words Underlined are added;Words Struck Through are deleted. Page 5 of 5 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 and correct copy of: ORDINANCE 2009-05 Which was adopted by the Board of County Commissioners on the 24th day of February, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of February, 2009 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Bo.�te?of, County Commisoriers . ------)14/C1A‘— By: Martha Vegp.. a', , Deputy Clerk ' U lb U u Li ,-, J By ORDINANCE NO. 2013 - 1 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-27, AS AMENDED, WHICH CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, BY AMENDING SECTION FOUR, PURPOSE; POWERS; SECTION SEVEN, CREATION OF THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE KNOWN AS THE PELICAN BAY SERVICES DIVISION BOARD; SECTION EIGHT, COMPOSITION, NOMINATION AND APPOINTMENT; AND SECTION ELEVEN,OFFICERS; QUORUM; RULES OF PROCEDURE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE ., DATE. WHEREAS, on May 28, 2002, the Board of County Commissioners (Board), adapted Ordinance No. 2002-27, which superseded, repealed, and consolidated prior ordinances rebating , to the Pelican Bay Municipal Service Taxing and Benefit Unit("Unit"); and WHEREAS, the Board subsequently amended Ordinance No. 2002-27 g•adapting rr, 1'.) Ordinance No. 2006-05 and Ordinance No. 2009-05; and WHEREAS, the Board desires to further amend Ordinance No. 2002-27, as amended, in order to clarify that the Unit will be solely responsible for advising the County on dredging and maintaining Clam Pass for the purpose of enhancing the health of the affected mangrove forest and will manage such activities for the County; to add a non-voting member recommended by the Pelican Bay Foundation; and to create a system of rotating officers for the Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2002-27, AS AMENDED. Section Four is hereby amended as follows: SECTION FOUR: Purpose; powers. The Unit is formed for the purpose of providing street lighting, water management, ambient noise management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas including the restoration of the mangrove forest preserve and to finance the landscaping beautification of only Words Underlined are added;Words S -1:k3 are deleted. Page 1 of 4 that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road in the above-described taxing and benefit unit and to that end shall possess all the powers to do all things reasonably necessary to provide such services. The Unit will be solely responsible for advising the County on dredging and maintaining Clam Pass for the purpose of enhancing the health of the affected mangrove forest, and will manage such activities for the County. SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2002-27,AS AMENDED. Section Seven is hereby amended as follows: SECTION SEVEN: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee Known as the Pelican Bay Services Division Board. Concurrent with the passage of the Ordinance, an 11 member advisory committee to be known as the Pelican Bay Services Division Board (PBSD Board) is hereby created. Those individuals who are members of the PBSD Board pursuant to Collier County Ordinance No. 90- 111, as amended, as of the moment prior to the effective date of this Ordinance, shall continue on as members of the PBSD Board until March 31st of the year in which their term would have expired as set forth in the prior ordinances, and shall continue to hold over and serve in that capacity until their position is filled as provided for in this Ordinance. In addition, there shall be 1 non-voting member nominated by the Pelican Bay Foundation in the manner set forth below. This non-voting member shall not be subject to the voting requirements set forth below. SECTION THREE: AMENDMENT TO SECTION EIGHT OF ORDINANCE NO. 2002-27,AS AMENDED. Section Eight is hereby amended as follows: SECTION EIGHT: Composition,nomination and appointment. A) The PBSD Board shall be representative of the residential, business and commercial interests and landowners in Pelican Bay. To that end, nine of the PBSD Board members shall be representative of the residential interests within the Unit and two of the PBSD Board members shall be representative of the commercial and business interests within the Unit. The non-voting member shall be recommended for appointment by the Pelican Bay Foundation. The non-voting member should be an individual who is not related to and who is independent of the other Board members and County employees, with no apparent conflict of interest or appearance of impropriety. Members of the PBSD Board shall be appointed by and serve at the pleasure of the Board of County Commissioners pursuant to the procedure outlined herein. The nine (9) PBSD Board members representative of the residential interests within the Unit, and the non-voting member recommended for appointment by the Pelican Bay Foundation, shall be residents of and qualified Words Underlined are added; Words Struck Through are deleted. Page 2 of 4 electors within the Unit. The two PBSD Board members representative of the commercial/business/other interests shall be residents of and qualified electors in Collier County. ********** SECTION FOUR: AMENDMENT TO SECTION ELEVEN OF ORDINANCE NO. 2002-27,AS AMENDED. Section Eleven is hereby amended as follows: SECTION ELEVEN: Officers; quorum; rules of procedure. A) At its earliest opportunity, the membership of the PBSD Board shall elect a chairman and vice chairs from among the those members willing to serve. Officers' terms shall be for one year, with no eligibility for re-election. Officers' terms are to be on a rotating basis. Immediately following the election of a new Board, a new chair and vice-chair shall be elected. ********** 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 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 SIX: 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 SEVEN: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Words Underlined are added;Words S#UC-k-Thfeugh are deleted. Page 3 of 4 tr;m- IN IS II IVI 11111 PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, thisZZrc1iay of7 .' , 2013. ATTEST;x> BOARD ' COUNTY COMMISSIONERS •^ WIG1—rf,E $ROCK, Clerk COLLI ' 0 TY, F' ORIDA By_ �.► : . `‘ By: irk ;- GE i $VA!� 'ILLER, ESQ. . etes av to � • ti ,ati+ae M, CH• RWOMAN Approved as to form and lega su 7 iency: Jeffr '• . ' latzkow Coun t ttorney This ordinance filed with the Secretary of '.atR s Of% ice ay of and acknowiedgemenj of�,that f i l i n received a� of Deputy Clerk Words Underlined are added; Words Struck-Trhr�rough are deleted. Page 4 of 4 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 and correct copy of : ORDINANCE 2013-19 which was adopted by the Board of County Commissioners on the 22nd day of January, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of January, 2013 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners •', ! y: Teresa Cannai;. Deputy Clerk t3 °' ` `'•y. .... . � ORDINANCE NO.2013 -61 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-27, AS AMENDED, WHICH CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, BY AMENDING SECTION FOUR, PURPOSE AND POWERS, TO CLARIFY THAT BEACH RENOURISHMENT IS ONE OF THE PURPOSES OF THE UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 28, 2002, the Board of County Commissioners (Board), adopted Ordinance No. 2002-27, which superseded, repealed, and consolidated prior ordinances relating to the Pelican Bay Municipal Service Taxing and Benefit Unit("Unit"); and WHEREAS, the Board subsequently amended Ordinance No. 2002-27 by adopting Ordinance No. 2006-05, Ordinance No. 2009-05, and Ordinance 2013-19; and WHEREAS, the Board desires to further amend Ordinance No. 2002-27, as amended, in order to clarify that beach renourishment is one of the purposes of the Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2002-27, AS AMENDED. Section Four is hereby amended as follows: SECTION FOUR: Purpose;powers. The Unit is formed for the purpose of providing street lighting, water management, beach renourishment, ambient noise management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas including the restoration of the mangrove forest preserve and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road in the above-described taxing and benefit unit and to that end shall possess all the powers to do all things reasonably necessary to provide such services. The Unit will be solely responsible for advising the County on dredging and maintaining Clam Pass for the purpose of enhancing the health of the affected mangrove forest, and will manage such activities for the County. Words Underlined are added: Words StruckE=reugh are deleted. Page I of 2 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: 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 ZZZr, day , 2013. ATTEST: , , BOARV OF OUNT COMMISSIONERS DWIGHT :.BROck, Clerk COLLJERCI TY, FLORIDA By: • .► By • e Cle i��` GE e ' LER, ESQ. Attest as to Chairf>;ins:; CHA •w• AN sig ature` '1{' b .. App v 4to.„raprirand legality: Jeffrey!A.' atzkow Counts'A orney This ordinance filed with the 1` Secretary of State' Ofriet"g day of , Q and acknowledrernentot that filing Nivea tt-:is Zs'-'day of 4" , o.pbtty kw* Words Underlined are added; Words Stivek-Through are deleted. Page 2 of 2 '4. t!V l 4 7 xs f j FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State October 29, 2013 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. 2013-61, which was filed in this office on October 29, 2013. 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