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Agenda 04/13/2010 Item #17AAgenda Item No. 17 A April 13, 2010 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve an amendment to Ordinance No. 2009-02 to correct a scrivener's error pertaining to the rcpeal of ordinances and resolutions as to various inactive taxing districts located within Collier County. OBJECTIVE: To have the Board of County Commissioners approve an amendment to Ordinance No. 2009-02 to correct a scrivener's error. Ordinance No. 2009-02 repealed various inactive taxing districts within Collier County but included in error the Port of the Islands Community Improvement District (Ordinance No. 86-64, as amended). An amendment to that ordinance is required to correct this scrivener's error. CONSIDERATIONS: At its March 23, 2010 meeting, the Board directed staff to advertise an amendment to Ordinance No. 2009-02 to correct a scrivener's error in that ordinance. The Board adopted Ordinance No. 2009-02 on February 10, 2009, to repeal fourteen (14) taxing districts that were created by either ordinance or resolution. The reason for the repeal of those taxing districts was that they were inactive and that their dissolution would reduce the excessive volume of paperwork associated with the State Department of Revenue Truth in Millage (TRIM) reporting requirements. It came to staffs attention, however, that one of the special districts included in the ordinance, the Port of the Islands Community Improvement District, is still active and that it was included on the list of ordinanccs to be repealed in error. Accordingly, it is necessary to correct this scrivener's error to show that thc Port of the Islands CID has continuously remained an active and operating special district. FISCAL IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action.-SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the proposed amendment to Ordinance No. 2009-02, to correct a scrivener's error. Prepared by: Scott R. Teach, Deputy County Attorney Attachments: Proposed Amendment to Ordinance No. 2009-02; Ordinance No. 2009-02. Item Number: Item Summary: Meeting Date: Agenda Item No. 17A April 13, 2010 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A Recommendation to approve an amendment to Ordinance No. 2009-02 to correct a scriveners error pertaining to the repeal of ordinances and resolutions as to various inactive taxing districts located within Collier County. 4/13/2010 9:00:00 AM Date Prepared By Scott R Teach County Attorney Deputy County Attorney County Attorney 3/26/20108:26:28 AM Date Approved By Scott: R. Teach County Attorney Deputy County Attorney County Attorney 3129/20102:46 PM Date Approved By Jeff Klatzkow County Attorney 3/30/2010 10:43 AM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 4/1/20109:12 AM Date Approved By Leo E. Ochs, Jr. County Managers Office County Manager County Managers Office 4/4120102:10 PM Agenda Item No. 17 A April 13, 2010 Page 3 of 11 ORDINANCE NO, 2010-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-02, wmCH REPEALED SEVERAL ORDINANCES AND RESOLUTIONS PREVIOUSLY ENACTED TO ESTABLISH TAXING DISTRICTS WITHIN COLLIER COUNTY, TO CORRECT A SCRIVENER'S ERROR IN SECTION ONE THA T ERRONEOUSLY INCLUDED THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT (ORDINANCE NO. 86-64, AS AMENDED), PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Board of County Commissioners of Collier County, Florida, passed and duly adopted Ordinance No. 2009-02, which repealed several ordinances and resolutions previously enacted to establish taxing districts within Collier County; and WHEREAS, after said enactment of Ordinance No. 2009-02, County staff determined that the Port of the Islands Community Improvement District (Ordinance No. 86-64, as amended) was erroneously included among those Ordinances and Resolutions being repealed; and WHEREAS, the inclusion of the Port of the Islands Community Improvement District in Ordinance No. 2009-02 constitutes a scrivener's error that must be corrected by striking that reference. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: SCRIVENER'S ERROR CORRECTION BY AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009-02 Section One of Ordinance No. 2009-02 is hereby amended to correct a scrivener's error by amending said section to read as follows, E1fIiek Thfeugh words are deleted. Agenda Item No. 17A April 13, 2010 Page 4 of 11 District 2 Northwest Collier Municipal Services Taxing Unit (Ordinance No, 76-62, as antended); District 5 Municipal Services Taxing Unit (Ordinance No. 76-74, as antended); Pine Ridge Industrial Park Municipal Services Taxing and Benefit Unit (Ordinance No. 81- 94, as antended); Naples Production Park Municipal Service Taxing and Benefit Unit (Ordinance No. 85-39, as antended); PO" or the IeIa.M COBlBllllli4y IBlp"veBleBt DiMPiet (0"'.". No. 8661, 118 _eaded), Naples Production Park Street Lighting Municipal Service Taxing Unit (Ordinance No. 91-97, as antended); County Barn Roadside Drainage Improvement Municipal Service Taxing Unit No. I (Ordinance No, 94-66, as antended); County Barn Roadside Drainage Improvement Municipal Service Taxing Unit No.2 (Ordinance No. 94-67, as antended); County Bant Roadside Drainage Improvement Municipal Service Taxing Unit No. 3 (Ordinance No. 94-68, as antended); ArnoldIMercantile Avenue Municipal Service Taxing and Benefit Unit (Ordinance No. 02- 65, as antended); Naples Park Area Underground Power Line Municipal Service Taxing Unit (Ordinance No. 03-17, as antended); District 3 Municipal Services Taxing Unit (Ordinance No. 76-72, as antended); Collier County Water District No. I (Resolution No. 80-10, as antended) and Collier County Public Parks and Recreation Municipal Service Taxing Unit (Resolution No. 82-87, as antended. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become l!lld 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-Iettered 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: EFFECfIVE DATE. Stroek l'hmuglt words are deleted. Agenda Item No. 17 A April 13, 2010 Page 5 of 11 This Ordinance shaI1 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 13th day of April, 2010. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, CHAIRMAN DEPUTY CLERK Approved as to form and legal sufficiency: Scott R. Teach, Deputy County Attorney ~ !:lmol, ~ words are deleted. 1 ,~~~~\ \: " ... to w l i ,..... ." ~4It d>.. -..a ~ ORDINANCE OF TIlE BOARD 0' COUNTY COMMISSIONERS OF COLLIER COUNTY, P'LORlDA, REl'EALING THE FOLLOWING ORDINANCIS AND RESOLUTIONS INAC'J."ED TO ESTABLISH TAXING DISTRICTS WITHIN COLUER COUNTY: (I) DlSTRIcr Z NORTHWEST COLLIER MtINlCU'AL SERVICES TAXING UNIT (ORDINANCE NO. 76-61, AS AMENDED); (1) DISTRICT 5 MUNICIPAL SERVICES TAXING UNIT (ORDINANCE NO. 76-74, AS AMENDED); (3) PORT OF THE ISLANDS COMMVNITY IMPROVEMENT DISTRICT (ORDINANCE NO. 1'-'4, AS AMBNDED); (4) NAPLES PRODUCTION PARK STRUT LIGHTING MUNICIPAL SERVICE TAXING UNIT (ORDINANCE NO. !l1-97, AS AMENDED); (5) COUNTY BARN ROADSIDE DRAINAGE IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT NO, 1 (ORDINANCE NO, !14066, AS AMENDED); (6) COUNTY BARN ROADSIDE DRAINAGE IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT NO, 1 (ORDINANCE NO, 94-67, AS AMENDED); m COUNTY BARN ROADSIDE DRAINAGE IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT NO.3 (ORDINANCE NO, 94-6lI, AS AMENDED); (I) AIlNOLDlMERCANTIU: AVENUE MUNICIPAL SERVICE TAXING AND BENEtl'IT IJNIT (ORDINANCE NO. 0W5, AS AMENDED); (9) NAPLES PARK AREA UNDERGROUND POWER LINE MUNICIPAL SERVICE TAXING UNIT (ORDINANCE NO. 83-17, AS AMENDED); (10) DISTRICT 3 MUNICIPAL SUVlCES TAXING UNIT (ORDINANCE NO. 76-72, AS AMENDED); (11) LITTLE LEAGUBfI'RAFIiORD FARMS ROAD MVNlCIPAL SERVICE TAXING AND BENEftY UNIT (ORDINANCE NO. 2101-70, AS AMENDED); (11) SOUTIISTB STREETIDOAK AVENUE MUNICIPAL SERVICE TAXING AND BENEJIlT UNIT (ORDINANCE NO. 1001-69, AS AMENDED); (13) COLLIER COUNTY WATER DISTRICT NO.1 (RESOLUTION NO. 110-10, AS AMENDED); AND (14) COLLIltR COUNTY PUBLIC PARKS AND RECREATION MUNICIPAL SERVICE TAXING UNIT (RESOLU'nON NO. 112- 17, AS AMENDED); AND PROVIDING FOR THE UPJ:AL AND DISSOLVTlON OF 'DIOSE SPECIAL TAXING DISTRICl'S; PROVIDING FOR INCLUSION IN THE CODE OJ' LAWS AND ORDINANCES; PROVIDING FOR CONFLICl" AND SEVERABILITYI.AND PROVIDING FORAN EFFECTIVE DATE. gen a em o. Ap~'113~0 Agenda Ite'l" iil 1 Marcti , '2 0 Page 6 of 12 ORDINANCE NO, 2009- ~ .~ if . WHEREAS. !be Bo8l'd of Couuty Commilllioners of Collier Couuty. FIori~ dilly lIdopted the followiD& ordin&Il1:aI: !: ~ :!! 1C;!f IoD r- DiI1ric:t 2 NortbweIt Collier Municip81 Servicel Taxina Unit (0rdiDIm:c No ~ m mncndcd); DiI1rict 5 MlIIIicipal Scmca Taxiq Unit (0rdiDuIce No. 76-74, ;;r~ ); 0 Port of i1a......,r. "7 ......v. L t 0IIb:t ~ NIl. ...... ): NlIJIlll& Production Pm Street Ugblins MlIIIi<:ipal Service Tilling Unit ( ~l- t gen a em o. 1 A~'113 ~o Agenda lie Il} 1 MarCl13. 2 1 Page 7 of 12 97, u 1IDIlIIlIed); Couaty 811m R08dIide DniJIa&e Improvemcmt MunicipeI Se:vico Taxing Unit No. 1 (0rdiDIDce No. 94-66, u 1I1ICIIdccl); Couaty Dam RGlIdIiclc DrIIiDage Improvement MunieiJIII Service TlIXin& Uuit No. 2 (0rcIiDIDce No. 94-67, u 1IIICIIIded); CoImty 811m RoIdIide Drainap Improvameo1 Municipal Service Tuina Unit No. 3 (0rdinuIce No. 94-68, u 1IIIIeIIded); AmoldIMereaDtile A_ MUIIicipeI SCIrvice Taxing UIIl Benefit Unit (0rdir\IIlce No. 02-65, u &IIIOIIliClll); Nlplca hit Area UDdcqround Power LIne MIIIIicipII Service Tuilll UJIlt (()rdinImce No. 03-17, ulllDOllllecl); Dilt:ric:t 3 Municipal ServiCOfl TuiDg Unit (0rdiDInce No. 76-72, U IIIIIcncIcd); Little LcquoI'TratJonI FCDII RollI MIIIlicipaI Service Taxing IIId 8eDcfit Unit (Ordinaacc No. 2002.7G, U 1IIIeIIdecl); SOIlth st" StreellDolk AvCIlIlC Municipal Service Taxin& aud Benefit Unit (~ No. 2002-69, ullDClllded; aud the tOI1owb1, ReIolUliolll: Collier CoulIly Water Dialriet No. I (ReIolutioa No. 80-10, .. IIIlCIIded) aud Colli<< County Public: PIIb IIId RcIcreItiOl1 Municipal Service Tuing Uuit <R-lutioIl No. 82- 87, IIIIllCIIlded. crcatina the al'onlmmtioDed lpClCiaI taxing diltricll (hcRinaftcr collectively refcmd to II the "lpCICial taxina cliltricll") for the pwpolO of utilizing ~ucs genenlecl from thOle taxing districts to accomplish the varioua PIDpOIa specified in eICh ordinance. WHEREAS, all of the afonmCllllioDed IpCCiaI taxiD& diltricll haw no clcbta or aslet, SRI pteMDtly iolCtivc, and their cxiatc:nce are 110 Ioapr neceswy; and WHEREAS, the Boud of County Commiuioncra now' dClina to repeal the a1bremenlionecl ordiolmcce thereby dilsolvilll ttx.e apecial tuin& diatricll. NOW, 'l'HERBFORE, BE IT RESOLVED BY 1HE BOARD OF COUNlY COMMISSIONERS Of COI..LIBR COUNTY, FLOlUDA that: SECTION ON!: REPEAL AND DJ880LUTlON 1. The following Collier County 0rdi0IDcca and RcIo1uti.ona _ b.my repelled and the apcc:ial taxiDa diatricta that wen: cmstecI thereby diuolvecl: District 2 NorthWflllt Collilll' MUDicipal Scrvicea Tum, Unit (0nIiDmI:c No. 76-62, as lDlended); Diat:rict S M1IIIicipal Scrvicel Tuing Unit (Ordiurlce No. 76-74, IIIIIDCIIIdecl); Port of tbe Is\mda Community ImproVClDllllt Diltrict (Ordinance No. 86-64, II amended); 2 A~'113 ~~o Agenda Ite iI. i:l' 1 Marcfi 3.'2 1 Page 8 of 12 Nlpla Pmcluclion PIlk Slreet Liahtina MlIIIicipIl Sc:rvice Taxina UDit (0rdiIIInce No. 91- 97, u 1IIIClIIIIed); CoIll1ty BIrD R.oed&ide DraiIIIp Improvement Mllllic:ipel SeMce Taxing Unit No. 1 (0rcIiDImce No. 94-66, u IIDCIIdod); CoUDly BIrD RoIdIide Draiu&e Improvemcnt MIlIIicipa1 Service Tuing Unit No.2 (OrdinIllCC No. ~7, a ameacIecl); County BIrD ROIIIIide DrDIaao Impmvanem Municipal Service Tuiaa UDit No.3 (0nliuInce No. ~8, u lIIIICIIded)j AmoIdlMClIl:IIltlle AVClllle Mlmicipl1 Service Tuing and 8eaDftt Uait (0n1iDIDce No. 02-65, .. 1IIUlIICIcd); Naples Pm Ana lJDderarowKl Power line Municipal SeMce Tlllina Unit (0rdiuIIICC No. 03-17, .. 1IIDaldcd); District 3 MuDicipal ServiceI TllliDa Ullit (Ordinance No. 76-72, 8I1IIIeDCIed); Collier Collllly Water DiItric:t No. 1 (llaoluticm No. 80-10, u amended) and Collier County Public Parb and Rccnlatioa Mullicipal Service Tuing Unit <R-luticm No. 82-87, ulllllOlldecl. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES, The proviaiOlll of this Ordinance Iball become aud be made a part of !be Code of Laws and Ordinaacea of Collier County, Florida. The IOClicma of the Or4i1llllCC may be renumbcnd or re-Iettered to accomplilb 1I1ICh, lIIllI the word "ordinance" may be cbanpd to "aection,. or any other appropriate wonI. SECl10N THllRR: CONFLICJ' AND SEVERAlIUTY, In !be IMlIlt thll 0rdiIIanee coaflicts wi1h my othllr 0nIinal:Ice of Collier County or oth<< appliClbIe law, the men restrictive lballapply. If any phrue or portioB of the Ordinance is held invalid or WlCOIIItilldionai by any comt of 00IIIpCUIIt jurisdiction. luch portion ahaIl be deemccll IllpIlIte, diltinct IUd independent proviaiOll and auch holdina IIWI not affect the validity of the rcmalnin8 portion. SECTION FOUR: EJi'll'ECTIVE DATE, Thil OrdiMnce 1bal11ake effi:ct upon filing with the Florida DcpartmClllt of Stale, 3 April 13, 2010 Agenda Itet)):IlIi4 ~ 1 March-tJ, ~010' Page 9 of 12 PASSED AND DULY ADOPTIID by the Boad of CoUDty ComminiOllll11l of CoIlilS' CoUDty.FIorldalbi.~dayof ~'rr"r" .2009. , A.......,...'II1'f 'f!~, D~'i'Bi~CLER.K ~..."'\~ ".:,. .0 . ~,.: . ... . . . . . ...:, CLBRK '..,.;:.w"ce cae..... . ....... ... BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA By.k~ Approved. to ilnn IIId lepllufliciallcy: &-H:l?j~ oott R. Teach, Deputy County Anorney ThIe 0l'4IMlCII tiled with flIlI ~::rit:~ ~: -- 4 I Agenda Item No:~.-- A d mri113..l~10 gen a I Ofv 1 Marc 3, 2 1 Page 10 of 12 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 i8 II true and correct copy of: OKDI~ 2009-02 Which was adopted by the Board of County commissioners on the 10th 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 18th day of February, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commis8~oner. '. ~~'9- Deputy Cle~~~:.J' '.~:l" . 1- 16D -Friday, April 2, 2010 o Naples DaDyNewB NOTICE OF INTENT TO CONSIDER ORDINANCE N~tice is hereby ~iven that on Tuesday April 13, 2010, in the Board;oom, 3rd Floor, AdmiOlstration Bu"ding, Collier County Government Center, 3301 East Ta- miami Trail, .Naples, Florida, the Board of County Commissioners wfU consider the en- actment ofa County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COLlNTY COMMIS~ SIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-02, WHICH REPEALED SEVERAL ORDINANCES AND RESOLUTIONS PREVIOUSLY EN- AaED TO ESTABLISH TAXING DISTRlaS WITHIN COL- LIER COUNTY, TO CORREa A SCRIVENER'S ERROR IN SEalON ONE THAT ERRONEOUSLY INCLUDED THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT (ORDINANCE NO. 86-64, AS AMENDED), PRO. VIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLla AND SEVERA- BILITY; AND PROVIDING FOR AN EFFEalVE DATE. Copies of the proposed O~dinan(e are on file with the Clerk to the Board and are available for inspection. All Interested parties are invited to attend and be heard. NOTE: AI! persons wishing to speak on any agenda item must register with the County administrator orior to presentation of the agenda item to be addressed; Individual speakers will be limited to 5 minutes on any item. Th~ selection of an indi- b~~hle t~hs~~~~n~n a b,:~~~fes~fer~~n ofb~n~za~~~~poror~~ta~~z:~6~ur~~~db~f ~1i~i?~Z~ minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda ~~b~kts h~~~9~U~~~.n~aj~as~,at~~;~e~ ~i~;~~rs f~t:n~de~o p~~or(~~Si~~~edes~ct;h: Board shalf be submitted to the appr~priate County staff a minimum of seven da~s b~i~~~~at~~r~u~~~n~~~~ngf ~~ ~~~~~~al used in presentations before. the Board win Any person who decides to appeal a decision of the Board will need a record of the ~;~~dd~fg~h~e~~~~~~i~~~rf:om~~~, t:e~~~rie(:~i~~U~:~ th~U{:st1~~n~ ~~~a;~r- dence upon which the appeal is based. if you are a person with a disability who needs any accommodation in order.to par- tiCIpate In this proceeding; you are entitled, at no cost to you, t() the provIsion of ~~:t t~~~~s:~n~~. 3~I~fs~a~i~~r T~~ii ia~~:e~url~Y~y ~~~~t~~~s,MA6:ia~m3~nlt1f.er2~~) 25Z-8380.Assisted listening devices for the hearing impaired are available in _.the County CommissiC?ners' OffICe. . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk Ami! ~ 101ONo)010 No1Rllfil:iClg Agenda Item No. 17A April 13, 2010 Page 11 of 11