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Backup Documents 12/14/2010 Item #17CCOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: �r * aa, k******, t*, t«**,►*****,► w«*.**, r**«*•*+.*, r***.*+ t.« r*****, r* r►*«,► �*,►*, r*,►**,►******* �*****, r « * * * * * * *,r+nt+t.t * *,t « *,t,► « *« Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow, County Attorney Date: November 18, 2010 Petition No. (If none, give brief description): None Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 + days before hearing.) December 14, 2010 (NOTICE TO RUN NO LATER THAN FRIDAY December 3, 2010) Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size: XXX Legally Required AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92 -60, AS AMENDED (THE COLLIER COUNTY TOURIST DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION THREE – USES OF TAX REVENUES, IN ORDER TO REALLOCATE $1,000,000 OF THE ANNUAL FUNDS SET ASIDE FOR CATEGORY "A" BEACH PARK FACILITIES FUND 183 FOR TOURISM DESTINATION MARKETING FOR A PERIOD OF ONE YEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs: 1 \V Y LV Yt V Division A ' a r or Designee Date List AttachmVntsi — Proposed Ordinance 194;401540- 649100- 4500124218. DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE N Y: Date Received: i 10 Date of Public hearing: I 1 0 Date Advertised: (2 ! v 17C ORDINANCE NO. 2010 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92 -60, AS AMENDED (THE COLLIER COUNTY TOURIST DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION THREE — USES OF TAX REVENUES, IN ORDER TO REALLOCATE $1,000,000 OF THE ANNUAL FUNDS SET ASIDE FOR CATEGORY "A" BEACH PARK FACILITIES FUND 183 FOR TOURISM DESTINATION MARKETING FOR A PERIOD OF ONE YEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option tourist development tax by any county; and WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted Ordinance No. 92 -60, which levied and imposed a 2% tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and WHEREAS, through adoption of Ordinance No. 95 -56 and Ordinance No. 2005 -43, the Board levied an additional 3rd and 4d' percent tourist development tax; and WHEREAS, on November 10, 2009, the Board adopted Ordinance No. 2009 -58 which for a period of one year, or until November 10, 2010, reallocated certain tourist development tax revenues for use in tourism destination marketing; and WHEREAS, the Board, by an extraordinary vote, desires to again amend the uses of tax revenue and the tourist development plan for a single year only; and WHEREAS, the proposed amendments were presented to and approved by the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92-60, AS AMENDED. Section Three is hereby amended by adding a new subsection (a)(6) to read as follows: Words Underlined are added; Words 8#uek- Threu0 are deleted. Pagel of 3 1?c Section Three - Uses of Tax Revenues. a) The tax revenues received pursuant to this division shall be used to fund the county tourist development plan, which is hereby amended as follows: * * * * * * * * * * * * ** (6) The sum of $1,000.000 annually allocated for Category "A" — Beach Park Facilities Fund 183 shall be reallocated to Fund 184 to be used for destination marketing for a period of one year from enactment of this amendment at which time this provision will expire and be of no further force or effect unless further extended by the Board of County Commissioners. (6)L7) The above and foregoing tourist development plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. 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. Words Underlined are added; Words Stmek Thfea.gh are deleted. Page 2 of 3 17 c PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this day of 72010. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form egal sufficiency: olleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Words Underlined are added; Words Sigh are deleted. Page 3 of 3 17 Acct. #068784 November 18, 2010 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Ordinance Amending Ordinance 92 -60 (Tourist Development Tax) Dear Legals: Please advertise the above referenced notice on Friday, December 3, 2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P909 #4500124218 NOTICE OF INTENT TO CONSIDER ORDINANCE 17 C Notice is hereby given that on December Floor, Administration Building, Collier East Tamiami Trail, Naples, Florida, thi will consider the enactment of a County commence at 9:00 A.M. The title of the follows: 14, 2010 in the Boardroom, 3rd County Government Center, 3299 Board of County Commissioners Ordinance. The meeting will proposed Ordinance is as AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92 -60, AS AMENDED (THE COLLIER COUNTY TOURIST DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION THREE - USES OF TAX REVENUES, IN ORDER TO REALLOCATE $1,000,000 OF THE ANNUAL FUNDS SET ASIDE FOR CATEGORY "A" BEACH PARK FACILITIES FUND 183 FOR TOURISM DESTINATION MARKETING FOR A PERIOD OF ONE YEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance 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: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 17 C 'I If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Suite #101, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17C Martha S. Vergara From: Martha S. Vergara Sent: Thursday, November 18, 2010 2:17 PM To: Naples Daily News Legals Subject: Ordinance Amending Ordinance 92 -60 (C.C. Tourist Dev. Tax) Attachments: Ord. Amending Ord. 92 -60 (Tourist Dev. Tax (12- 14- 10).doc; Ord. Amending Ord. 92- 60,Tourist Dev. Tax (12- 14- 10).doc Legals, Please advertise the following attached ad on Friday. December 3. 2010. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara0collierclerk.com 17C Martha S. Vergara From: Legals NDN [legals @naplesnews.com] Sent: Thursday, November 18, 2010 4:01 PM To: Martha S. Vergara Subject: RE: Ordinance Amending Ordinance 92 -60 (C.C. Tourist Dev. Tax) Attachments: image001.jpg OK Happy Thanksgiving! EmeCy Pagan LegaC(Dept. gftres DaiCy News 1100 Immokoe mad %apCes, TG. 34110 Legal Line: 239 - 213 -6061 Email: legals @naplesnews.com From: Martha S. Vergara rmailto :Martha.Vergara(abcollierclerk comj _.. Sent: Thursday, November 18, 2010 2:17 PM To: Legals NDN Subject: Ordinance Amending Ordinance 92 -60 (C.C. Tourist Dev. Tax) Legals, Please advertise the following attached ad on Friday. December 3. 2010. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk 17c Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara0collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(a)collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Martha S. Vergara From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Monday, November 22, 2010 10:37 AM To: Martha S. Vergara Subject: Ad Confirmation Attachments: UASA7.jpg ATTACHED please REVIEW your notice & confirm APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1877905 Total Ad Cost $269.70 Emely 213 -6061 1 lard 92-1x', 17C Martha S. Vergara From: Naples Daily News [naplesnews @clickn buy. com] Sent: Thursday, December 02, 2010 11:06 PM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad # 1877905 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on December 14, 2010 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a 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 COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92 -60, AS AMENDED (THE COLLIER COUNTY TOURIST DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION THREE USES OF TAX REVENUES, IN ORDER TO REALLOCATE $1,000,000 OF THE ANNUAL FUNDS SET ASIDE FOR CATEGORY "A" BEACH PARK FACILITIES FUND 183 FOR TOURISM DESTINATION MARKETING FOR A PERIOD OF ONE YEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance 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: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Suite #101, Naples, Florida 34112, (23 9) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) December 3, 2010 No1877905 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. 17C Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video /audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: http : / /secure.adpay.com/adwizard login.aspx ?1 = 16483707 , if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239 - 263 -4700 Thank you for using naplesnews.com Online Classifieds. 0&40A ova 2- �v jour, sk 'Devd� Tq 17C unity FacflitN Ring W, 5uN � for the hea NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokarnev, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on December 3, 2010 giant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida: distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the saifir. wspaper. Signature of affiant Sworn to and subscribed before me This 8th day of December, 2010 (Signature of notary public) KAROL E KANGAS Notary Public -State of Florida c•: : •: My Comm. Expires Jul 29, 2013 Commission # DD 912237 Nil Illlll •, 11 17C `'i�ICTlCE 0�;�1'ENTtR?t`1�yNSiL11�R�t NCE`` ; ports QMtnsace is as follows: � wo+ R y0ow, iii a "M*mft a 4his6ft-whm tlon In adn-a .. �� cFst�tl�, �D tha Tant4wtti 8uI1dMg W ♦tbi, abl #in�oncmkfioert"OHNur, for the hearq�g'impasrVV $0AND04FMBSlON8R5 COLLER W, A4- FRED 6yu L awRMm DWIGHT E. BROCK, CLERK ":,Martha Vergars, Deputy Ck(k (SEAL) 17C I i ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only alter the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu h routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. Coordinator (Initial) Applicable) 2. 12/14/2010 Agenda Item Number 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 12/15/2010 5. Ian Mitchell, Executive Manager BCC Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kelly Green, Tourist Development Tax Phone Number 252 -2384 Contact Coordinator (Initial) Applicable) Agenda Date Item was 12/14/2010 Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance -Reallocation of C u s� Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & C 14FVk .iCT 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05; Revised 2.24.05 08- MGR - 00132/33 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not avoromiate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 12/14/2010 and all changes made during JAK the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05; Revised 2.24.05 08- MGR - 00132/33 17C MEMORANDUM Date: December 29, 2010 To: Kelly Green, Tourist Tax Coordinator Tourism Department From: Ann Jennej ohn, Deputy Clerk Minutes and Records Department Re: Ordinance 2010 -44: Amending No. 92 -60, as amended, reallocating $1,000,000, on a one -time basis, from TDC Category "A" Fund 183 (Beach Park Facilities) to Fund 184 (Tourism Promotion) for tourism marketing Attached for your records, is a copy of the ordinance referenced above (Item #17C) adopted by the Board of County Commissioners Tuesday, December 14, 2010. The Minutes and Record's Department will hold the original document in the Official Record's of the Board. If you have any questions, you may contact me at 252 -8406. Thank you. Attachment 17C MEMORANDUM Date: December 29, 2010 To: Colleen Greene, Assistant County Attorney Collier County Attorney's Office From: Ann Jennej ohn, Deputy Clerk Minutes and Records Department Re: Ordinance 2010 -44: Amending No. 92 -60, as amended, reallocating $1,000,000, on a one -time basis, from TDC Category "A" Fund 183 (Beach Park Facilities) to Fund 184 (Tourism Promotion) for tourism marketing Attached for your records, is a copy of the ordinance referenced above (Item #17C) adopted by the Board of County Commissioners Tuesday, December 14, 2010. The Minutes and Record's Department will hold the original document in the Official Record's of the Board. If you have any questions, you may contact me at 252 -8406. Thank you. Attachment 17C i MEMORANDUM Date: December 29, 2010 To: Jeff Klatzkow, County Attorney Collier County Attorney's Office From: Ann Jennej ohn, Deputy Clerk Minutes and Records Department Re: Ordinance 2010 -44: Amending No. 92 -60, as amended, reallocating $1,000,000 (on a one -time basis) from TDC Category "A" Fund 183 (Beach Park Facilities) to Fund 184 (Tourism Promotion) for Tourism Marketing Attached for your records is a copy of the ordinance referenced above, (Item #17C) adopted by the Board of County Commissioners December 14, 2010. The Minutes and Record's Department will hold the original document in the Official Record's of the Board. If you have any questions, you may contact me at 252 -8406. Thank you. Attachment 17 MEMORANDUM Date: December 30, 2010 To: Ian Mitchell, Executive Manager to the Board Board of County Commissioners Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2010 -44 thru Ordinance 2010 -49 Attached for your records, are copies of the ordinances referenced above, adopted by the Board of County Commissioners Tuesday, December 14, 2010. The Minutes and Record's Department will hold the original ordinances in the Official Record's of the Board. If you have any questions, please call me at 252 -8406. Thank you. Attachments (6) 17C MEMORANDUM Date: December 29, 2010 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Ann Jennej ohn, Deputy Clerk Minutes and Records Department Re: Ordinance 2010 -44: Amending No. 92 -60, as amended, reallocating $1,000,000, on a one -time basis, from TDC Category "A" Fund 183 (Beach Park Facilities) to Fund 184 (Tourism Promotion) for tourism marketing Attached for your records, is a copy of the ordinance referenced above (Item #I 7C) adopted by the Board of County Commissioners Tuesday, December 14, 2010. The Minutes and Record's Department will hold the original document in the Official Record's of the Board. If you have any questions, you may contact me at 252 -8406. Thank you. Attachment 17C 4 ORDINANCE NO. 2010 - 4 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92 -60, AS AMENDED (THE COLLIER COUNTY TOURIST DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION THREE — USES OF TAX REVENUES, IN ORDER TO REALLOCATE $1,000,000 OF THE ANNUAL FUNDS SET ASIDE FOR CATEGORY "A" BEACH PARK FACILITIES FUND 183 FOR TOURISM DESTINATION MARKETING FOR A PERIOD OF ONE YEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option tourist development tax by any county; and WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted Ordinance No. 92 -60, which levied and imposed a 2% tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and WHEREAS, through adoption of Ordinance No. 95 -56 and Ordinance No. 2005 -43, the Board levied an additional 3`d and 4th percent tourist development tax; and WHEREAS, on November 10, 2009, the Board adopted Ordinance No. 2009 -58 which for a period of one year, or until November 10, 2010, reallocated certain tourist development tax revenues for use in tourism destination marketing; and WHEREAS, the Board, by an extraordinary vote, desires to again amend the uses of tax revenue and the tourist development plan for a single year only; and WHEREAS, the proposed amendments were presented to and approved by the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92-60, AS AMENDED. Section Three is hereby amended by adding a new subsection (a)(6) to read as follows: Words Underlined are added; Words Stfuek Through are deleted. Page 1 of 3 17 Section Three - Uses of Tax Revenues. a) The tax revenues received pursuant to this division shall be used to fund the county tourist development plan, which is hereby amended as follows: * * * * * * * * * * * * ** (6) The sum of $1,000,000 annually allocated for Category "A" — Beach Park Facilities Fund 183 shall be reallocated to Fund 184 to be used for destination marketing for a period of one year from enactment of this amendment at which time this provision will expire and be of no further force or effect unless further extended by the Board of County Commissioners. (6)M The above and foregoing tourist development plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. 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. Words Underlined are added, Words Str-ttek Thfougk are deleted. Page 2 of 3 17C PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this Ak day ofd - `�'��a� -Y-', 2010. ATTESTr, N, DWIGiitE. ^13RO CLERK By: I 4"0 Approved as to form and legal sufficiency: _-w Colleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Words Underlined are added; Words Stmek Thfough are deleted. Page 3 of 3 17 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 2010 -44 Which was adopted by the Board of County Commissioners on the 14th day of December, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of December, 2010. DWIGHT E. BROCK Clerk of Courts ands C],erk Ex- officio to oa�d" u County Commis3i0�i�rs: ,. By: Ann ennej ohny" Deputy Clerk