Agenda 03/26/2019 Item # 9B9.B
03/26/2019
EXECUTIVE SUMMARY
Recommendation to approve an ordinance to modify Ordinance No. 96-84, as amended, to amend
the boundaries and incorporate provisions to improve the look and usability of the public areas the
within the Radio Road Beautification Municipal Service Taxing Unit (MSTU) boundaries.
OBJECTIVE: To clarify the purpose and intent of the Radio Road Beautification MSTU and to continue
to enhance the public areas within the MSTU boundaries.
CONSIDERATIONS: The Board of County Commissioners (Board) created the Radio Road
Beautification MSTU on December 17, 1996, to allow for beautification of Radio Road between Airport
Pulling Road and Santa Barbara Boulevard. At this time, all planned improvements within the MSTU
boundaries have been completed except for the improvements to the entrance of the Rich King Memorial
Greenway.
The Radio Road Advisory Committee would like to explore improvements along the Rich King Memorial
Greenway, however, portions of the right-of-way were not included in the MSTU boundaries because the
boundaries followed section lines rather than property lines for that portion of the MSTU. The Advisory
Committee would like to modify the District boundary so that any improvement plan contemplated for the
Greenway can be comprehensive in scope. The modification of the boundaries adds four (4) properties,
owned by Collier County, which consists of the Rich King Memorial Greenway between Radio Road and
Davis Boulevard and are adjacent to the existing MSTU boundary. This modification will have no effect
on the tax base of the MSTU but will provide for improvement of the complete section of the Greenway.
Some of the improvements being considered include landscaping and the addition of exercise stations on
the Greenway. All proposals for improvements will be vetted with the communities within the MSTU
through a Public Outreach Plan. The Greenway is currently maintained by the Parks and Recreation
Division.
In addition to amending the boundaries of the MSTU, the proposed amendment clarifies the purpose of
the MSTU as follows:
The MSTU is created for the purpose of (1) providing beautification, curbing, watering
facilities, plantings, and maintenance of the median areas and rights-of-way for that
portion of Radio Road lying between Airport -Pulling Road (County Road 31) and Santa
Barbara Boulevard and for any adjoining public road within the MSTU boundaries, and
for the purpose of providing for hardscape, watering facilities, plantings, and
maintenance of to the of*,..,„ee to the Rich King Memorial Greenway, as depicted in
Exhibit "A.” attached to Ord. No. 2013-43 on file with the County, lying within the
MSTU boundaries, which is open to the public and utilized for recreational purposes; Q
providing traffic calming improvements, street lighting, drainage, and sidewalks within
the MSTU; and (3) providing for the Burial of Power Lines within the MSTU. The
governing body of the MSTU shall be the Board of County Commissioners of Collier
County, Florida.
The MSTU advisory committee voted 4-0 on February 12, 2018 and 5-0 on January 28, 2019 to
recommend the approval of the ordinance modification.
The Board on March 12, 2019 directed the County Attorney to advertise the ordinance modification and
bring it back to the agenda for the final hearing.
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9.B
03/26/2019
FISCAL IMPACT: The Fiscal impact consists of the cost to advertise the Ordinance amendment, which
is less than $500. Funding is available within the Radio Road Beautification MSTU Fund (158).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To approve an ordinance to modify Ordinance No. 96-84, as amended, to
amend the boundaries and incorporate provisions to improve the look and usability of the public areas
within the MSTU boundaries.
Prepared By: Harry Sells, MSTU Project Manager, Public Transit & Neighborhood Enhancement
Division
ATTACHMENT(S)
1. Proposed Amended Ordinance 2019-_ CAO Stamped (PDF)
2. Radio Road MSTU Proposed Boundary Change (PDF)
3. Radio Road Ordinance 96-84 (PDF)
4. Radio road Ordinance 97-52 (PDF)
5. Radio Road Ordinance 2002-59 (PDF)
6. Radio Road Ordinance 2013-43 (PDF)
7. Legal Ad - Agenda ID 8308 (PDF)
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9.B
03/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.B
Doe ID: 8308
Item Summary: Recommendation to approve an ordinance to modify Ordinance No. 96-84, as
amended, to amend the boundaries and incorporate provisions to improve the look and usability of the
public areas within the Radio Road Beautification Municipal Service Taxing Unit (MSTU) boundaries.
Meeting Date: 03/26/2019
Prepared by:
Title: Project Manager — Public Transit & Neighborhood Enhancement
Name: Harry Sells
03/14/2019 8:42 AM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh — Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
03/14/2019 8:42 AM
Approved By:
Review:
Public Transit & Neighborhood Enhancement
Caroline Soto
Public Transit & Neighborhood Enhancement
Michelle Arnold
Public Services Department
Kimberley Grant
Level 1 Reviewer
Public Services Department
Todd Henry
Level 1 Division Reviewer
Public Services Department
Steve Carnell
Level 2 Division Administrator Review
Office of Management and Budget
Laura Wells
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Budget and Management Office
Ed Finn
Additional Reviewer
County Manager's Office
Nick Casalanguida Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Additional Reviewer Completed
Additional Reviewer
Completed
Completed
03/14/2019 10:52 AM
Completed
03/14/2019 11:22 AM
Completed
03/14/2019 1:48 PM
Completed
03/14/2019 2:28 PM
Completed
03/15/2019 10:12 AM
Completed
03/15/2019 1:20 PM
Completed
03/17/2019 7:59 PM
03/26/2019 9:00 AM
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ORDINANCE NO. 2019 -
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
96-84, AS AMENDED, WHICH ESTABLISHED THE RADIO ROAD
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT ("MSTU"),
BY MODIFYING THE BOUNDARIES OF THE MSTU AND BY
CLARIFYING AND EXPANDING THE PURPOSE OF THE MSTU TO
INCLUDE (1) PROVIDING BEAUTIFICATION AND MAINTENANCE
OF OTHER PUBLIC AREAS WITHIN THE MSTU, INCLUDING THE
RICH KING MEMORIAL GREENWAY; (2) PROVIDING TRAFFIC
CALMING IMPROVEMENTS, STREET LIGHTING, DRAINAGE, AND
SIDEWALKS WITHIN THE MSTU; AND (3) PROVIDING FOR THE
BURIAL OF POWER LINES WITHIN THE MSTU; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, on December 17, 1996, the Board of County Commissioners (Board)
adopted Ordinance No. 96-84, establishing the Radio Road Beautification Municipal Service
Taxing Unit; and
WHEREAS, on November 19, 2002 the Board adopted Ordinance No. 2002-59 which
amended Ordinance 96-84 to allow median and right-of-way work on Radio Road and any
adjoining public road within the MSTU boundaries and to include the cost of maintenance of the
medians on Devonshire Boulevard; and
WHEREAS, on June 11, 2013, the Board adopted Ordinance No. 2013-43, further
amending Ordinance No. 96-84 to allow MSTU funds to be used to provide enhancements to the r
entrance of Rich King Memorial Greenway along Radio Road, but within the boundaries of the
MSTU; and Q
WHEREAS, on Feb 12, 2018, the advisory committee for the Radio Road Beautification CI
MSTU voted unanimously to recommend modification of Ordinance No. 96-84, as amended, to N
more clearly reflect the ongoing desire to improve the look and usability of all the public areas
within the MSTU.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY o
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance
No. 96-84, as amended, is hereby further amended to read as follows:
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SECTION ONE: Amendment of Ordinance a
y
(A) Section "Two (Creation of the Municipal Service Taxing Unit) is hereby amended a -
by changing the boundaries of the MSTU as follows: a
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Words Underlined are added; Words StFue1E-Thmuo are deleted. y�
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The South '/2 of the South 1/2 of the Southwest 1/4, and the Southwest 1/4 of the
Southeast 1/4 and the West %2 of the Southeast 1/4 of the Southeast 1/a; and that
portion of the East %2 of the Southeast %a of the Southeast V4 lying south of
Market Avenue and East of Commercial Boulevard, all within Section 36,
Township 49 South, Range 25 East; and
All of Section 31, Township 49 South, Range 26 East; and
That portion of Section 32, Township 49 South, Range 26 East, lying South of
and West of Interstate Highway No. 75; and
The North %2 of the North %2 of the Northwest %4; and the North 1/2 of the
Northeast 1/4 of Section 1, Township 50 South. Range 25 East; and
Section 6 Township 50 South, Range 26 East, less the Southeast 1/4; plus, parcel
numbers 25891000647 60606000059 60605500042 and 60605000102 which
make up the western 100 feet of the Southeast 1/4 which are owned by Collier
County and are a portion of the Rich King Memorial Parkway
All of Section 5, Township 30 South, Range 26 East, all being located within
Collier County, Florida.
(B) Section Three (Purpose and Governing Body) is hereby amended as follows:
The MSTU is created for the purpose of: (D providing beautification, curbing,
watering facilities, plantings and maintenance of the median areas and rihtg s -of
for that portion of Radio Road lying between Airport -Pulling Road (County
Road 31) and Santa Barbara Boulevard and for any adjoining public within
the MSTU boundaries, and for the purpose of providing for hardscape, watering
facilities, plantings, and maintenance of to the -efAfflftee-fie the Rich King
Memorial Greenway, as depicted in Exhibit "A." attached to Ord. No 2013-43
on file with the County, lying within the MSTU boundaries, which is open to the
public and utilized for recreational purposes. (2) Providing traffic calming
improvements street lighting, drainage, and sidewalks within the MSTU; and (3)
providing for the Burial of Power Lines within the MSTU. The governing body
of the MSTU shall be the Board of County Commissioners of Collier County,
Florida.
SECTION TWO: Inclusion in The Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
[19 -ATM -00464/1462153/11 %&
Words Underlined are added; Words eek T4weugh are deleted.
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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 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 be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 2019.
ATTEST:
Crystal K. Kinzel, Clerk
Approved as to form and
legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
[19 -ATM -00464/1462153/1]
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk William L. McDaniel, Jr., Chairman
Words Underlined are added; Words Stfusk Theagh are deleted.
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ORDINANCE NO. 96-__.aQ
AN EMERGENCY ORDINANCE CREATING THE RADIO ROAD`.` .•-
/ R BEAUPIFICATION MUNICIPAL SERVICE TAXING UNIT;
_ PROVIDING THE AUTHORITY; PROVIDING FOR THE CREAT.QN r
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDIk,'_
o FUNDING AND THE LEVY OF NOT TO EXCEED ONE-HALF
MILL OF AD VALOREM TAXES PER YEAR; PROVIDING FOR
THE COLLECTION OF TAXES; PROVIDING FOR CONFLICT
• AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
PROVIDING FOR DECLARATION OF EMERGENCY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Radio Road between Airport -Pulling Road and Santa
Barbara Boulevard has been improved to include the construction of
a median which varies between 20 and 35 feet in width; and
WHEREAS, the County has received numerous inquiries relating
to beautifying the median for the benefit of the adjacent
properties; and
WHEREAS, this portion of Radio Road does not qualify as a
"Gateway Corridor" and there is little opportunity for landscape
improvements in the near future; and
WHEREAS, the Board of County Commissioners has determined
that the best method for funding the landscape improvements within
the median areas of Radio Road between Airport -Pulling Road and
Santa Barbara Boulevard is by the emergency creation of the Radio
Road Beautification Municipal Service Taxing Unit.
NOW, THEREFORE, BE IT ORDAINED SY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE, Authority.
This Ordinance is adopted pursuant to the provisions of
Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and
other applicable provisions of law.
BACTION TWO. Creation of the Municipal Service Taxing Unit.
There is hereby created and established the Radio Road
Beautification Municipal Service Taxing Unit, hereinafter referred
to as "MSTU". The boundaries of the MSTU are as follows:
The South 1/2 of the South 1/2 of the Southwest 1/4;
and the Southwest 1/4 of the Southeast 1/4; and the
test 1/2 of the Southeast 1/4 of the Southeast 1/4;
and that portion of the East. 1/2 of the Southeast 1/4
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of the Southeast 1/4 lying South of Market Avenue and
East of Commercial Boulevard, all within Section 36,
Township 49 South, Range 25 East; and
All of Section 31, Township 49 South, Range 26 East;
and
That portion of Section 32, Township 49 south, Range
26 East, lying South of and West of Interstate Highway
• No. 75; and
The North 1/2 of the North 1/2 of the Northwest 1/4;
and the North 1/2 of the Northeast 1/4 of Section 1,
Township 50 South, Range 25 East; and
Section 6, Township 50 South, Range 26 East, less the
Southeast 1/4; and
All of Section 5, Township 50 South, Range 26 East,
all being located within Collier County, Florida.
@LSTION THREE. Purpose and Governing Body.
The MSTU,is created for the purpose of providing curbing,
watAring facilities, plantings and maintenance of the median areas
for that portion of Radio Road lying between Airport -Pulling Road
(County Road 31) and Santa Barbara Boulevard. The governing body
of the MSTU shall be the Board of County Commissioners of Collier
County, Florida.
82CTION YOUR. Funding and Levy of Taxes.
For the purpose of implementing this Ordinance, the Board of
County Commissioners shall annually, at the time required by
general budgetary law, make an itemized estimate of the amount of
money required to carry out the business of the MSTU for the next
fiscal year, which shall be from October 1 to and including
September 30 following. The estimate shall describe the purpose
for which the moneys are required and the amount necessary to be
raised by taxation within the MSTU. At the time and place for
fixing the annual rate of taxation for County purposes, the Board
shall fix and cause to be levied on all properties within the MSTU
subject to taxation a millage rate not to exceed one-half a mill
• per year.
SECTION YI9E. Tax Assessment and Collection.
Taxes herein provided for shall be aussssed and collected in
the same manner and form as provided for the assessment and
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collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
SECTION BIZ. 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 SEVEN. Inclusion in the Coda of Laws and Ordinances.
The provisions of this ordinance shall become and be made a
part of the Coda of Laws and Ordinances of Collier County,
Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION EIGHT. Declaration of Emergency.
This Board does hereby declare that an emergency exists and
that immediate enactment of this Ordinance is necessary, and by no
less than four-fifths (4/5ths) vote of the membership of this
Board does hereby waive notice of intent to consider this
ordinance.
SECTION NINE. Effective Date.
A certified copy of this Ordinance, as enacted, shall be
filed with the Department of State by the Clerk of the Board of
County Commissioners as soon after enactment by said Board as is
practicable by depositing the same with the postal authorities of
the Government of the United States for special delivery by
certified mail to the Department of State.
This Ordinance shall become effective when a copy has been
® accepted by the postal authorities of the Government of the United
States as set forth in Section 125.66(3), Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners
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of Collier County, Florida, this ,day of b1� ,
.1996.
ATTEST:.
DWIGHT.E. BROCK, CLERK
Ap(aT
ved as to fora and
S , le sufficiency:
av d C. Wei n
County Attorney
This OrdinCrr� r' - '
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
HN C. NORRIS, CHAIRMAN
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•
STATE OF FLORIDA) ,
COUNTY OF COLLIER),
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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. 96-84
Which was adopted by the Board of County Commissioners on the 17th day
of December, 19J6, during Regular Session via emergency procedures.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, FloriCa, this 18th day of December,
1996.
DWIGHT E. BROCK �_ '4��.'•.
Clerk of Courts and clerk•''' �:�;.
Ex -officio to Board of
County Commissioners
B Maureen. •Kenyon:s : '
Deputy Clerk.
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ORDINANCE NO. 97-52
AN ORDINANCE CREATING THE RADIO ROAD,,
BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING'
FOR APPOINTMENT AND COMPOSITION; SETTING FORTH
THE TERMS OF OFFICE; PROVIDING FOR REMOVAL
FROM OFFICE, FAILURE TO ATTEND MEETINGS;
PROVIDING FOR OFFICERS, QUORUM, RULES OF
PROCEDURE; PROVIDING FOR REIMBURSEMENT OF
EXPENSES; SETTING FORTH THE FUNCTIONS, POWERS m
AND DUTIES OF THE COMMITTEE; SETTING FORTH THE n
DUTIES OF THE COUNTY ADMINISTRATOR OR HIS
DESIGNEE; PROVIDING FOR REVIEW PROCESS;
PROVIDING FOR CONFLICT AND SEVERABILITY;
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PROVIDING FOR INCLUSION IN CODE OF LAWS AND
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ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 86-41, as amended,
sets forth the requirements for creating County Advisory Boards;
and
WHEREAS, Collier County Ordinance No. 96-84 created the
Radio Road Beautification Municipal Service Taxing Unit in
Collier County,,Florida; and
WHEREAS, the Board of County Commissioners desires to
establish an advisory committee to advise the Board of County
Commissioners on matters pertaining to the Radio Road
Beautification Municipal Service Taxing Unit (MSTU).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE. Creation of the Radio Road Beautification
Advisory Committee.
There is hereby created and established the Radio Road
Beautification Advisory Committee, hereinafter referred to as
the "Committee"
SECTION TWO. AEpointment and Composition.
A. The Committee shall consist of five (5) members which
generally represent the area within the Radio Road Beautification
Municipal Service Taxing Unit as said MSTU is described in
Collier County Ordinance No. 96-84.
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B. Members of the Committee shall be appointed by and serve
at the pleasure of the Board of County Commissioners. Said
members shall be permanent residents within the MSTU and electors
of Collier County. The Board shall consider appointment of
members from different subdivisions or communities within the
0 MSTU.
C. 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.
The initial terms of office of the Committee shall be as
follows:
A. Two (2) members shall be appointed for a term of two (2)
years.
B. Two (2) members shall be appointed for a term of three
(3) years.
C. One (1) member shall be appointed for a term of (4)
years.
Thereafter, each appointment or reappointment shall be for a
term of four (4) years.
Appointments to fill any vacancies on the Committee shall be E e_
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for the remainder of the unexpired term of office. M
SECTION FOUR. Removal from office; Failure to attend meetings. 04
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Committee member attendance requirements, including failure (D
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to attend meetings and member removal from office are governed by c
ordinance No. 86-41, as amended, or by its successor ordinance. 0
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SECTION FIVE. Officers; Quorum; Rules of Procedure.
A. At its earliest opportunity, the membership of the
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Committee shall elect a chairman and vice chairman from among the
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members. officers' terms shall be for one (1) year, with E
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eligibility for re-election.
B. The presence of three (3) or more members shall
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constitute a quorum of the Committee necessary to take action and
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transact business.
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C. The Committee shall, by majority vote of the entire
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membership, adopt rules of procedure for the transaction of
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business and shall keep a written record of meetings,
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resolutions, findings a determinations. Copies of all
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Committee minutes, resolutions, reports, and exhibits shall be
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submitted to the Board of County Commissioners.
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SECTION SIX. Reimbursement of Expenses.
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Members of the Committee shall serve without compensation,
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but shall be entitled to receive reimbursement for expenses
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reasonably incurred in the performance of their duties upon prior
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approval of the Board of County Commissioners.
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SECTION SEVEN. Functions, Powers and Duties of the Committee.
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The functions, powers and duties of the Committee shall be
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as follows: �
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A. To aid and assist the Board of County Commissioners in m
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carrying out the purposes of providing curbing, watering 0
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facilities, plantings and maintenance of the median areas as set O
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forth in Collier County Ordinance No. 96-84. 0
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B. To prepare and recommend to the Board of County ' R
Commissioners an itemized budget of the amount of money required c
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to carry out the business of the Municipal Service Taxing Unit
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for the next fiscal year. In carrying out this responsibility, , Q
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the Committee shall, no later than April. 1" of each year, meet
with the County Administrator or his designee and outline to the
County Administrator or his designee those projects which the
Committee wishes to see accomplished during the next fiscal year.
Based upon this information, the County Administrator or his
® designee shall prepare a proposed budget for the Municipal
Service Taxing Unit, in accordance with the standard County
guidelines regarding the preparation of budgets. This proposed
budget shall then be reviewed by the Committee and upon approval
by the Committee be transmitted through the County Administrator
or his designee to the Board of County Commissioners for adoption
in accordance with the pr:::edures for the adoption of budgets set
forth under general law and the Board of County Commissioners'
policy. Should the Committee fail to approve a budget by June
1" of each year, the County Administrator or his designee shall
be authorized to submit a proposed budget to the Board of County
Commissioners.
C. The Committee shall recommend work programs and
priorities to the County Administrator or his designee in
accordance with the adopted budget or budget amendments which may
be adopted by the Board of County Commissioners. The execution
of work programs shall be under the direct supervision and
responsibility of the County Administrator or his designee. Said
work may be performed under contract (in accordance with law) or
by County forces.
D. The Committee may adopt and amend "Guidelines" to govern
® its operation and the operation of the Municipal Service Taxing
Unit, subject to approval by the Board of County Commissioners.
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SECTION EIGHT. Duties of the County Administrator or his Designee.
The duties of the County Administrator or his designee shall
be.
A. To administer the activities of the Municipal Services
Taxing Unit in accordance with established polices of the Board
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of County Commissioners and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section
Seven, Paragraph B, above.
C. To provide periodic written reports to the Committee,
the County Administrator or his designee and the Board of County
Commissioners of the activities of the Municipal Service Taxing
Unit and its finances in accordance with established guidelines
of the Board of County Commissioners or the Committee.
D. Attend.all Committee meetings.
SECTION NINE. Review Process.
This Committee shall be reviewed once every four (4) years
commencing 2001, in accordance with the procedures contained in
Collier County Ordinance No. 86-41, as amended, or its successor
ordinance.
SECTION TEN. Conflict and Severability.
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
0 affect the validity of the remaining portion.
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SECTION ELEVEN. 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 TWELVE. Effective Date.
This Ordinance shall become effective upon filing with the
Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this 21st day of October, 1997.
ATTEST i.
DWIGHT E:;BkCK, Clerk
J
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: _ ���40m�
TIMOTHY . HANCOCK, Chairman
h:/ew/hfa/0rdinancc1 /Radio Road Bcautification Advisory Committee
Thi3 Ordincx+c,,, f;'-
Sr.
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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. 97-52
Which was adopted by the Board of County Commissioners on the 21st day
of October, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 27th day of October,
1997.
DWIGHT E. BROCK �..i
Clerk of Courts anc�: Clerk
Ex -officio to BoarcV of,.
County Commissioners;
By: Ellie Hoffman
Deputy Clerk
9.B.d
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9.B.e
ORDINANCE NO. 2002- .59
AN ORDINANCE AMENDING COLLIER COUNTY;'::-
ORDINANCE NO. 96-84 WHICH CREATED THE RADIO
,�t23q ROAD BEAUTIFICATION MUNICIPAL SERVICE-----:
3o sej TAXING UNIT; PROVIDING FOR AMENDMENT TOY>
SECTION THREE TO EXPAND THE PURPOSE TO i_
N [ DEC j INCLUDE THE COST FOR CURBING, WATERING
FACILITIES, PLANTINGS AND MAINTENANCE OF TH�v�
RECEIVED )g_,
w MEDIAN AREAS OF ANY PUBLIC ROADWA y
ADJOINING RADIO ROAD WITHIN THE BOUNDARIES'"' o
OF THE UNIT; PROVIDING FOR INCLUSION IN THE
ozusl- CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on December 17, 1996, the Board of County Commissioners adopted
Ordinance No. 96-84 which created the Radio Road Beautification Municipal Service Taxing
Unit ("MSTU"); and
WHEREAS, on September 17, 2002, the Radio Road Beautification Municipal Service
Taxing Unit Advisory Board voted to include the cost of maintenance of the medians on
Devonshire Boulevard in the fiscal year'92/'93 budget; and
WHEREAS, the Board of County Commissioners desires to change the Ordinance to
allow median and right-of-way work on Radio Road and any adjoining public road within the
MSTU boundaries.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO.1996-84.
Section Three is amended to read as follows:
SECTION THREE: PURPOSE AND GOVERNING BODY.
The MSTU is created for the purpose of providing curbing, watering facilities, plantings
and maintenance of the median areas for that portion of Radio Road lying between Airport -
Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road
within the MSTU boundaries. The governing body of the MSTU shall be the Board of County
Commissioners of Collier County, Florida.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
1 `.
Words Underlined are added; Words Stmek Through are deleted.
Packet Pg. 106
9.B.e
re -lettered to accomplish such, and the word 'ordinance may be changed to "section," °
or any other appropriate word.
Assistant County Attorney M
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b:HFA%DtdkAmmdRadioRdiBeautificatioa96-84
2
Words Underlined are added; Words Struck T-hreugh are deleted
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SECTION THREE: CONFLICT AND SEVERABILITY.
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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
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invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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separate, distinct and independent provision and such holding shall not affect the validity of the
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remaining portion.
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SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
CountFlorida,this � f+ day of I�yemlo2r , 2002.
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
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4IiQCK, CLERK
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B�l.tta� fYb�mMt �CL
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JA S N. COLETTA, CHAIRMAN
This ordinance filed with the
Approved as to form and >l'd Y of State'sofficethe
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legal sufficiency: and a�lcnowledgement o that
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filing received this day
of
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Heidi F. Ashton
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Assistant County Attorney M
ro
b:HFA%DtdkAmmdRadioRdiBeautificatioa96-84
2
Words Underlined are added; Words Struck T-hreugh are deleted
Packet Pg. 107
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2002-59
Which was adopted by the Board of County Commissioners on
the 19th day of November, 2002, during Regular Session.
0 WITNESS my hand and the official seal
of the Board of
County Commissioners of Collier County, Florida, this 20th day
of November, 2002.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex -officio to, Board of
County Lotti ,ners
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By: atrr-1'*-'&1a - .: 20rgan,
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9.B.e
Packet Pg. 108
9.B.e
RESOLUTION NO. 97-__l84
A RESOLUTION AUTHORIZING A LOAN FROM FUND 341 AS
THE FUNDING SOURCE FOR THE RADIO ROAD
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT FACT
SHEET AND RELATED PRINTING AND MAILING
EXPENDITURES IN ORDER TO SURVEY PROPERTY OWNERS
WITHIN THE RADIO ROAD M.S.T.U. AND TO APPROVE THE
FACT SHEET FOR SAID SURVEY
-1 Packet Pg. 109
WHEREAS, the Board of County Commissioners on December 17, 1996
adopted an Emergency Ordinance No. 96-84 which provides for the
creation of the Radio Road Beautification Municipal Service Taxing
Unit; and
WHEREAS, the creation.of the Radio Road Beautification
Municipal Service Taxing Unit provides for the levy of ad valorem
taxes to provide curbing, irrigation facilities, lighting, landscape
plantings and maintenance of the median areas; and
WHEREAS, this Resolution provides for conducting a survey in
order to obtain expressions of sentiments from the property owners
within the boundaries of the Radio Road Beautification Municipal
Service Taxing Unit.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section One. The Board of County Commissioners hereby finds
that the distribution of a Fact Sheet and Survey to provide factual
information to the property owners within the boundaries of the
Radio Road Beautification Municipal Service Taxing Unit is in the
best public interests of the citizens of Collier County and within
the particular area designated as a Municipal Service Taxing Unit.
Section Two. The Board of County Commissioners hereby finds
that the information as set forth in the Fact Sheet attached hereto
as Exhibit "A", appropriately provides fair and impartial
information to the citizenry and property owners within the
boundaries of the Radio Road Beautification Municipal Service Taxing
Unit.
-1 Packet Pg. 109
9.B.e
Section Three. The Board of County Commissioners hereby
approves the Radio Road Beautification Municipal Service Taxing Unit
Fact Sheet and Survey in substantially the form attached hereto as
Exhibit "A" and approves the Survey as an appropriate means to
solicit public feedback.
Section Four. The cost of the Fact Sheet and Survey in an
amount not to exceed $5,000 is hereby authorized as a loan from the
Assessment Receivable Fund No. (341). Said loan shall be repaid
from the Radio Road Beautification MSTU with appropriate interest
within one (1) year of the date of this Resolution.
This Resolution adopted this a -f -day of March, 1997, after
motion, second and majority vote.
} "ATTEST `
'bWIGHT Ef,:',$F(OCftc� , CLERK
ApprpV6d' '`a .,to ',form and
legal' gUfficidhdy:
David C. Weigel'
County Attorney
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY V. 11ANCOI&K, CHAIRMAN
-2- Packet Pg. 110
FILED #43
I:NTY. FLORIDA
ORDINANCE NO. 2013- 4 3
2013 JUN 24 AM RAORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
CLERK OF COUR*84, AS AMENDED BY ORDINANCE NO. 02-59, WHICH CREATED
THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE
BY T6MNG UNIT; PROVIDING FOR AMENDMENT TO SECTION THREE
TO EXPAND THE PURPOSE TO INCLUDE THE COST FOR CURBING,
WATERING FACILITIES, PLANTINGS AND MAINTENANCE OF THE
NORTH ENTRANCE OF THE RICH KING MEMORIAL GREENWAY,
WHICH IS LOCATED ALONG RADIO ROAD WITHIN THE
BOUNDARIES OF THE UNIT; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 17, 1996, the Board of County Commissioners adopted
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Ordinance No. 96-84 which created the Radio Road Beautification Municipal Sremice'axing
Unit ("MSTU"); and
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WHEREAS, on November 19, 2002, the Board of County CommissiGners vested To-
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include the cost of maintenance of the medians of all adjoining public ro ._,`witIin 071
boundaries of the MSTU; and �1 '' r
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WHEREAS, on January 28, 2011 the Rich King Memorial Greenways formally
opened to the public providing a 12 -foot wide asphalt path within the Florida Power and Light
easement corridor for walkers, joggers, cyclists and in-line skaters; and
WHEREAS, on March 19, 2012, the Radio Road Beautification MSTU voted
unanimously to put aside MSTU funds for the beautification to the entrance of the Rich King
Memorial Greenway; and
WHEREAS, the Board of County Commissioners desires to amend the ordinance to
allow for MSTU funds to be used to provide curbing, watering facilities, plantings and
maintenance to the entrance of the Rich King Memorial Greenway, which is entirely located
within an FPL easement and not within the medians or right-of-way of Radio Road, but is within
the boundaries of the MSTU.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 1996-84,
AS AMENDED BY ORDINANCE NO. 02-59.
Section Three is amended to read as follows:
1
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Packet Pg. 111
SECTION THREE: PURPOSE AND GOVERNING BODY.
9.B.f
The MSTU is created for the purpose of providing curbing, watering facilities, plantings
and maintenance of the median areas for that portion of Radio Road lying between Airport -
Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road
within the MSTU boundaries— and for the purpose of providing for hardscaye watering
facilities, plantings and maintenance to the entrance to the Rich King Memorial Greenway
depicted in Exhibit "A." attached hereto lying within the MSTU boundaries which is open to
the public and utilized for recreational purposes The governing body of the MSTU shall be the
Board of County Commissioners of Collier County, Florida.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re -lettered to accomplish such, and the word "ordinance" may be changed to "section," or any
other appropriate word.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed
as 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 ADOPT�(D by the Board of County Commissioners of Collier
County, Florida, this _ _ day of J lel0 ei , 2013.
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ATTEST.!%` 7a..
DWI HT E, B) 004 C PRK
Atfc :t n �I�evp,u-1t- ,clerk
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J� jjSai..�li? �tir . .
Approved as to �orm and
legal sufficiency:
mily R. Penin, Assistaht County Attorney
PA
COMMISSIONERS
, FLORIDA
ller, Esq., Chairwoman
This ordinance filed with the
Secretary of States Office the
60y of _,_c It Ing — c
and acknowledgement of that °'
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th doy
filing received this _ �
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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 2013-43
which was adopted by the Board of County Commissioners
on the 11th day of June, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of June, 2013.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex -officio to Board of
County Commissioners:
1,
4vy�: Teresa Can,ion?
Deputy Clerk
9.B.f
Packet Pg. 114
9.B.g
AND SEVERABILITY;
PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING
FOR EFFECTIVE DATE.
A copy of the proposed
Ordinance is on file with the
Clerk to the Board and is
available for inspection. All
interested parties are invited
to attend and be heard.
NOTE: All persons wishing
NOTICE OF PUBLIC HEARING
to speak on any agenda
item must register with the
NOTICE OF INTENT TO
County Manager prior to
CONSIDER AN ORDINANCE
presentation of the agenda
Notice is hereby given that
item to be addressed.
a public hearing will be held
Individual speakers will be
by the Collier County Board
limited to 3 minutes on any
of County Commissioners on
>-
March 26, 2019, in the Board
to speak on behalf
of County Commissioners
a
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Meeting Room, Third Floor,
the Chairman, a spokesperson
Collier Government Center,
for a group or organization
3299 Tamiami Trail East,
may be allotted 10 minutes to
Naples FL., the Board of
speak on an item.
County Commissioners (BCC)
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will consider the enactment
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of a County Ordinance. The
included in the Board agenda
meeting will commence at9:00
A.M. The title of the propose
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Ordinance is as follows:
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W
AN ORDINANCE AMENDING
weeks prior to the respective
COLLIER COUNTY ORDINANCE
public hearing. In any case,
96.84, AS AMENDED, WHICH
written .materials intended
ESTROAD
to be considered by the
B AUTIFICATIONLISHEDTHERADIO MUNICIPAL
Board shall be submitted
SERVICE TAXING UNIT
to the appropriate County
("MSTU"), BY MODIFYING THE
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BOUNDARIES OF THE MSTU
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AND BY CLARIFYING AND
F-
EXPANDING THE PURPOSE OF
in presentations before
THE MSTU TO INCLUDE (1)
the Board will become a
PROVIDING BEAUTIFICATION
permanent part of the record.
AND MAINTENANCE OF OTHER
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PUBLIC AREAS WITHIN THE
U
MSTU, INCLUDING THE RICH
t/f
KING MEMORIAL GREENWAY;
the proceedings pertaining
(2) PROVIDING TRAFFIC
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CALMING IMPROVEMENTS,
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STREET LIGHTING, DRAINAGE,
record of the proceedings is
AND SIDEWALKS WITHIN THE
�t
MSTU; AND (3) PROVIDING
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FOR THE BURIAL OF POWER
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LINES WITHIN THE MSTU;
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PROVIDING FOR CONFLICT
If you are a person with a
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9.B.g
AND SEVERABILITY;
PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING
FOR EFFECTIVE DATE.
A copy of the proposed
Ordinance is on file with the
Clerk to the Board and is
available for inspection. All
interested parties are invited
to attend and be heard.
NOTE: All persons wishing
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to speak on any agenda
item must register with the
p
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County Manager prior to
m
presentation of the agenda
=
item to be addressed.
Individual speakers will be
e
limited to 3 minutes on any
individual
item. The selection of any
13
to speak on behalf
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of an organization oT group is
encouraged. If recognized by
>,
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-the
the Chairman, a spokesperson
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for a group or organization
may be allotted 10 minutes to
speak on an item.
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Persons wishing to have
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written or graphic materials
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included in the Board agenda
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packets must submit said
material a minimum of 3
weeks prior to the respective
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public hearing. In any case,
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written .materials intended
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to be considered by the
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Board shall be submitted
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to the appropriate County
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staff a minimum of seven
a
days prior to the public
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hearing. All materials used
in presentations before
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the Board will become a
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permanent part of the record.
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Any person who decides to
appeal any decision of the
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Board will need a record of
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the proceedings pertaining
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thereto and therefore, may
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need to ensure that a verbatim
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record of the proceedings is
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made, which record includes
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the testimony and evidence
upon which the appeal is
based.
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If you are a person with a
00
disability who needs any
accommodation in order to
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participate in this proceeding,
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you are entitled, at no cost to .
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you, to the provision of certain'
assistance. Please contact
the Collier County, Facilities
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Management Division, located
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at 3335 Tamiami Trail East,
Suite 101, Naples, FL 34112-
5356, (239) 252-8380, at least
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two days prior to the meeting.
,
Assisted listening devices
.
for the hearing impaired"
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are available in the Board of
County Commissioners Office.
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BOARD OF COUNTY
a�
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COMMISSIONERS
COLLIER COUNTY, FLORIDA
L. MCDANIEL, JR.,
CWILLIAM
HAIRMAN
4)
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CRYSTAL K. KINZEL,,
v
CLERK OF THE CIRCUIT COURT
& COMPTROLLER
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By: Ann Jennejohn
MarchA4, 2019 r No.2249643'
Packet Pg. 115