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Agenda 11/10/2009 Item #16B 4 Agenda Item No. 16B4 t\!ovember 10, 2009 Page 1 of 18 EXECUTIVE SUMMARY Recommendation that the Board approve a Memorandum Of Agreement between Florida Department of Agriculture and Consumer Services, Division of Forestry and the County Commissioners for Collier County, Florida pertaining to the coordination and provision of maintenance responsibilities for Sabal Palm Road Extension through the Sabal Palm Road Extension Municipal Services Taxing Unit ('the MSTU') and a Resolution authorizing the Chairman to execute the Agreement. OBJECTIVE: Obtain the Board's approval of a Memorandum of Agreement between Florida Department of Agriculture and Consumer Services, Division of Forestry (the "State"), and The Board of County Commissioners for Collier County, Florida pertaining to the coordination and provision of maintenance responsibilities for Sabal Palm Road Extension through the Sabal Palm Road Extension Municipal Services Taxing Unit ('the MSTU') and a Resolution authorizing the Chairman to execute the Agreement. "'-.., CONSIDERA TIONS: This Executive Summary seeks Board approval of a Memorandum of Agreement between the State and Collier County that provides for the coordination and provision of maintenance activities for Sabal Palm Road Extension through the Sabal Palm Road Extension Municipal Services Taxing Unit ('the MSTU'). The coordination of efforts set forth in the agreement will provide direct benefit to those persons residing on Sabal Palm Road Extension within the MSTU Boundary. Back2round 1. On April 8, 1986, the Board of County Commissioners for Collier County, Florida accepted a petition from property owners to fonn the Sabal Palm MSTU. 2. October 28, 1986, the Board of County Commissioners for Collier County, Florida created Sabal Palm Road Extension Municipal Services Taxing Unit per Ordinance 86- 72. 3. On July 13, 2007, County Staff had a meeting with the State Division of Forestry to review methods and means of maintenance for Sabal Palm Road in coordination with the Division's resources (Equipments and Personnel), which are readily available at "no cost" to Collier County/Sabal Palm MSTU, as the project activity is detennined to be "mutually beneficial" to both parties (Collier County & State DOF). Upon execution of the Memorandum of Agreement, MSTU liaison staff will proceed with the purchase of material (lime-rock) for roadway improvements and expedite project activity in coordination with the State in accordance with the tenus of agreement. , "'"-...~ FISCAL IMPACT: Funds are available in Fund 151 Sabal Palm Road Extension MSTU Fund. Expenditures will not exceed available funds in Fund 151 Sabal Palm Road Extension MSTU Agenda Item No. 1684 November 10, 2009 Page 2 of 18 Fund. The current FY 2010 budget within Sabal Palm Road MSTU Fund (151) dedicated to maintenance and improvements totals $237,400.00 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 associated with this Executive Summary. RECOMMENDATION: RecOlmnendation that the Board approve the Memorandum of Agreement between the Florida Department of Agriculture and Consumer Services, Division of Forestry and Collier County providing for the coordination and provision of maintenance activities for Sabal Palm Road Extension through the Sabal Palm Road Extension Municipal Services Taxing Unit ('the MSTU') and to authorize the Chairman to execute the attached Resolution memorializing same and to authorize the expenditure of funds in Fund 151 Sabal Palm Road Extension MSTU Fund. Prepared By: Darryl Richard, RLA, Project Manager, Alternative TranspOliation Modes Attachments: (1) Copy of Memorandum of AbTfeement; (2) Resolution 1. at,.... 1 V1. ~ Agenda Item No. 16B4 November 10, 2009 Page 3 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B4 Recommendation that the Board approves a Memorandum of Agreement between Florida Department of Agriculture and Consumer Services, Division of Forestry and the County Commissioners for Collier County, Florida pertaining to the coordination and provision of maintenance responsibilities for Sabal Palm Road Extension through the Saba I Palm Road Extension Municipal Services Taxing Unit (the Iv1STU) and a Resolution authorizing the Chairman to execute the Agreement. Meeting Date: 11/10/2009 9:00:00 AM Prepared By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 10128/20094:24:04 PM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 10/28120094:24 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 10/29/20099:54 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 10/29/2009 11: 14 AM Approved By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 10/29/2009 11 :24 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10130/20099:34 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services ft.dmin 10130/200910:44 AM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10/30/20091:14 PM Approved By Jeff Klatzkow County Attorney Date ~1_. I ff""t.\ A ---- ...l_"T"_ _.....\ 1:____ _ _....1-\ 1 .., 0 ..... T _______1_ __. 1 f\ "'lAr\n\ 1 C nAh. TC1r'1\. TT A ........,r:'lI. TT"\. A \ 1 en """"n A 11/,1 /,,",Af'\{) 1. at:;\.,...:... Vl..:- Agenda Item No. 1684 ~~ovember 10. 2009 Page 4 of 18 County Attorney County t..tto~ney Office 10/30/20093:20 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11/2/2009 10:01 AM ~1_./1r".\ A ___~...l_"""__....\T:__.__.....l.-\1""O 1I..T____.uL_~_1r'l """lr'lAl\\1f n~1\.TC1r1\.T'T' Ar--T:1\.TT'"\A\1;:-~ ..,..,n" 1 1 I A 1--. {\ i\1"\ Agenda Item No. 1684 November 10. 2009 Page 5 of 18 RESOLUTION NO. 2009- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, I COLLIER COUNTY, FLORIDA, APPROVING A MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, PERTAINING TO THE COORDINATION AND PROVISION OF MAINTENANCE RESPONSIBILITIES FOR SABAL PALM ROAD EXTENSION. THROUGH THE SABAL PALM ROAD EXTENSION MUNICIPAL SERVICES TAXING UNIT. WHEREAS, the State of Florida Department of Agricultural and Consumer Services, Division of Forestry (State) is willing to enter into a Memorandum of Agreement ("MOA") with Collier County, wherein the parties agree to coordinate efforts and resources pertaining to maintenance responsibilities for Sabal Palm Road Extension; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to enter into the MOA and coordinate efforts with the State in a cost efficient manner in the best interests of the citizens of Collier County and, more particularly, the residents living within the Sabal Palm Road Extension Muncipal Services Taxing Unit boundaries; and WHEREAS, the State requires the County to provide a Resolution memorializing the Chairman's authority to execute the MOA. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; 1. The Board of County Commissioners approves the Memorandum of Agreement and authorizes its chairman, Donna Fiala, to execute the Memorandum of Agreement. 2. A certified copy of this Resolution will be forwarded by the Collier County Clerk to the State of Florida Department of Agricultural and Consumer Services, Division of Forest, along with the executed Memorandum of Agreement. This Resolution adopted after motion, second and majority vote favoring same this I 10th day of November, 2009. 1 ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk, AP~; ;22 regal sufficiency: Scott R. Teach Deputy County Attorney Agenda Item r'~o. 4684 r~ovember 10. 2009 Page 6 of 18 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman 2 ,^.g:J::-:I: It:..,.., t\1" 1 i';i:l!l November 10, 2009 Page 7 of 18 FDACS CONTRACT # 015396 Saba! Palm Road Extension MEMORANDUM OF AGREEMENT BETWEEN FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY AND THE BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA THIS MEMORANDUM OF AGREEMENT is entered into by and between the FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY ("Division") and the BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, a political subdivision of the State ofFJorida ("County"). WITNESSETH WHEREAS, Collier County Ordinance No. 86-72 creates the Sabal Palm Road Extension Municipal Service Taxing and Benefit Unit; and WHEREAS, The Division relies upon Saba! Palm Road Extension for emergency response, the use of which improves response time for emergencies along CR 951; and WHEREAS, Saba! Palm Road Extension serves as the only major access point for the .- management ofth.e Belle Meade Tract of Picayune Strand State Forest; and WHEREAS, Sabal Palm Road Extension serves as a major conduit for public access; and WHEREAS, Sabal Palm. Road Extension serves as an evacuation route for fire, flooding, and hurricanes for the residents within the Municipal Service Taxing and Benefit Unit, as well as, for the residents of the Lee-Williams Subdivision; and WHEREAS, The Division and the County enter into this Memorandum of Agreement ("Memorandwn") for the greater public good; and WHEREAS, The Division desires to make a fair contribution toward the maintenance of the Sabal Palm Road Extension by providing employees time and equipment as an in-kind service. NOW THEREFORE, for and in consideration ofthe foregoing premises, which are made a part of this Memorandum, the County and the Division hereby agree to the following: I. AUTHORITY This Memorandum is entered into under the following authority: 1 Aoenda Item ~~o. 1 s;s4 r'~ovember e, U. LUiJ::1 P2ge8of~8 A. Division Authority: The Division enters into this Memorandum under the authority of S589.21 Florida Statutes, which provides, in part, "All state forests and reforestation projects ...shall be managed and administered by the Division of Forestry in the interests of the public." Section 253.034 and ~ 259.032, Florida Statutes, declare that it is the policy of the State that its citizens shall be assured public ownership of natural areas for purposes of maintaining the State's unique natural resources; protecting air, land, and water quality to meet the needs ofnaturaI systems and the State's citizens; promoting restoration activities on public lands; and providing lands for natural resource based recreation. B. County Authority: In accordance with Collier County Ordinance No. 86.72, the County is the governing board of the Saba! Palm Road Extension Municipal Service Taxing and Benefit Unit and has the power and duty to conduct the affairs of the Unit as allowed by Florida Statutes. It TERM, AMENDMENTS, TERMINATION A. This Memorandum shall become effective upon the date the last party signs the MOA and shall remain in effect until terminated. B. This Memorandum may be modified upon mutual agreement of all parties hereto. Modifications shall be in writing and approved by the parties hereto. C. The Division and the County agree that either party may terminate this Memorandum upon providing the other with sixty (60) days advance notice in writing. D. This Memorandum will only apply to Saba! Palm Road Extension within the Saba! Palm Road Extension MSTU Boundary. (Exhibit A, HI, and B2). ill. RESPONSIBILITIES 1. The County agrees to purchase and deliver road construction materials for the maintenance of Sabal Palm Road Extension to areas designated by the DOF within Collier County. The County also agrees to provide 30 days notice, in writing, of specific projects that need to be conducted. The 30 day notice provision shall not apply to projects that are directly related to the safety and welfare of those residents on Sabal Palm Road that require a prompt response. The County will agree to be the project coordinator for all activities related to the maintenance of the Sabal Palm Road Extension, and will serve as the sole contact for the residents or Division in regard to matters of maintenance of Sabal Palm Road Extension. 2. The Division agrees to allow the stockpiling of road materials ear.marked for use on Saba! Palm Road Extension, and to coordinate with the County in said stockpiling. The Division reserves the right to move the stockpile, at the Divisions expense, should it be necessary to comply v.ith the activities surrounding the Picayune Strand Restoration 2 1If1~~~}~~---"",,'--_""";f'-_ ~ ~.g"''lrj", it~rJ"1 /\In 1 GR4 November 10, 2009 Page 9 of 18 <".'- Project (pSRP). The Division will notify the County of said action, and will coordinate with the County with the details surrounding access and location for future stockpiling activities. The Division will provide the COWlty forty eight (48) hours notice of work that it wishes to pursue on Saba! Palm Road Extension, outside the COWlty'S work requests, and shall coordinate with the County on authorization to commence the desired work. Should the work be associated with emergency repairs and maintenance the DOF will perform the work, and notify the county as soon as practically possible. The Division will accept liability for acts of negligence on the part of its equipment operators as it relates to the road-work, and will take appropriate action to mitigate any damage resulting from any such incidents. However, nothing. in this Memorandum shall be construed as a waiver oithe Division's sovereign immunity. The Division will notify the County of any complaints or potential complaints relating to road-work within 24 hours of becoming aware of such claims. The county agrees to reciprocate these actions to facilitate limiting exposure to the OOF. The Division agrees to cooperate with the County in remediating Saba! Palm Road Extension maintenance issues. IV. NOTICES r"-' All notices required or pennitted to be given under the terms and conditions oftbis MOA shall be in writing: As to the Division: Caloosahatchee Forestry Center Manager Division of Forestry 10941 Palm Beach Blvd. Fort Myers, FL 33905 As to the Department: Director Alternative Transportation Modes 2885 Horseshoe Drive South Naples, FL 34104 v. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses or articles contained in this Memorandwn shall not affect the validity of the remaining provisions, provided the material purposes of this Memorandum can be determined and effectuated. 3 ^<;c:--;':::- !~c'::-: ;\~2, ~0PA November 10, 2009 Page 10 of 18 IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed effective as of the last date set forth below. FLORIDA DEPARTMENT OF AGRlCUL TURE AND CONSUMER SERVICES, DIVISION OF FORE~ _ ; By /~ Mike Gresham, Director Division of Administration 6~ 1-.. ~~O ~ Date: Attest: DWIGHT E. BROCK., Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNlY, FLORIDA ~ , Deputy Clerk BY: DONNA FIALA, Chairman BY: Date: . Approved as to form and legal sufficiency: ~lf!?)~ County Attorney 4 ~.-. ....J I !'-,Ir.. -'l C II J .:::1"-"';"'" , , '-'. ...... ; November 10, 2009 age 11 of 18 :::a !l' ~ :z: ii =f Z c (; !4 - OZ -nG) m i nJ: >< 0_ :1: . ", Cz l - =, ~~ OJ =i !~ n:'- OZ > i~ I:n I I:m I I; -> en .. "':::a > !!~ ! i(l) aJ Q ~ m." >- ::am r- ~ (I):::a ~ ;... >1: . Zm ~ 01: r- 00 i: ~~ == .- ~z en 00 -I ."c "TIll: C ....0 i: ~ O"TI :::a)lo :I> -G) - -fie g:::a Z i- om ..... t-ii: s~ m ...~ 5~ ~ I~ ~; z ~g ('") S ~ m :zIm :I> mz: :II ~~ ~ .... (I) ffi ;l:t (') 0 c ~ ED g ::a -. t:I 1~~..Ii1B!'- ; - EXHIBIT 81 - OlU)IN~C! NO. 86-.2L- RECEIVED mSND' IJI OlUl:NA.>;Ct CItE.A!1NG TR! SAUL P.AUl lOAD ttt&tlS).~tt5 FH 3: I G HUNICIPJ.1. SElVlCE TUlIlG AND lIEN!FIT UNIT WIn1 rg~lSt [j I . " AtrI1tOlUW) WDEI\ CHAPIEIl 125 OF THE FLORIDA ~t,~tF' nQ" ~.< ESTAllL!r.HINC TH! BOw) or COlfflT'C COMKISSIONEl~Oit I~U~T~Fp, COVEItNItrG SOAAD, PR.OVIDIHC All EFF!C'I'lVE DAn:. . . WlU:"RtAS, 011 April 8, 19116 the Board of County Co_ted-ouare accapt.d a . patiti..... fr... property ovnen to create the Sabai l'alm load btendon Pav1ng A.......Dt 01atrictj and WEu:AS, tht lloarel of County Coau1uionan author;b.4 the tnsiDurillg Pepart.ant to pre~ar. aa Ordinance to ba conaiderad by the Board to cr.ata tha Sabal P.l. load ~ctans1on Kuu1c1pai Slrvic. Taxioa aud Ilene fit Un1t, ROW, THEREFORE, aE IT Or..oAINEI) lrrTHE BOAJU) or COUJn'! CO~ISSIom:t.S OF COLUlI COUNTY, r~ll!D4, THAT: Section I: Crtation, Boundaria., Purpo.... Th. S.bd P"llll lJ.oad El<ten.ion Xunicipal San1ea Taxins and lIanefit Un1t (th. "Unit") i. heraby cre.ted, with bouuaria. d..c.rib..d .. follow.: ALL LANDS IN stCnol'lS 24, 2~ ANn 36, TOWlfSRIP SO SOUTH RAllGE 2 (. UST, COLUn COVNTt, noUDA ud ALL l..ANOS IN SECTI01fS 15, 16, 17, 18, }g, 20. 21, .22, 2l, 26, 27, 28, 29, 30, 31, 32, 33, 34 AHD 35, fOWKSR1P !lO SOUTH, llIJIICE 2? UST, COLLIE" cot1KT'f, FLOltlDA Tilt Ullit hertby ereated, and ..tabU.hed h for the purpOIa of provid1nl a . prel1l11iD&ry eOiin.erins .;u4)' for 1:h. a..iSa, con.t=c~lo'll, and finanelnl of rGa~.y 1.prov..ente within the Unit and to do .11 thin.. r.a.anably n.c....ry in connection ther..uc.1J;.b.. al1.V for tha JlurpO.a of l!x.archln& tho... p_.r. autbori~ed hy Florida Stat~te. Chapter 125 and other applieabla lava. Section 2: Governing Board, Pover. aDd Duti... Tha lo"arn$.os"'bcard of th. Unit ,hall be t.h. Iloard of Count.y Co_b.lon.n of ColHer Count}, Florid. vitb the povel' and duty to conduct t.he .affeir. of the Unit a. pre.cribed by Florida Statut... Section 3: . Annual !uda.t. 1axins Authority. for the purFo.e of carry1nB into affect thi. article, the acard of County eo-la.ionera .hLll annually, at the ti.. requir.d by ".n.rai b..dleta1'7 lav, EoI.U aa it.lIl1ud utiaat.. of the __tint of IIQIUIY requirad to carry O\It the 1110.1"111I of th.. ['htr1et for the nextfi.cal year. ...h.ich ahall b. h'_ October 1 to and including Septelllber 30 fall_lnS_ Tha ut1_te ah_ll hava for what purpo_e tha mo"le. are required ."d the a_unt nece..a1'7 to b. rei.ed by t~.tion within the Ohtriet. At tha time and plae. for Uxina the annual rat. of taxatlon for County purpo...., the Board aball fix and callae to be lavi<< 0" aU F rop.rty v1thin tha d1atrict .uIlJac:t to Ul(at10'Wt a -1$iJ'aaa . _.allfticient to ..at the 'l.'8qu1r.lll&llta of the ut1lllate; howev.r~ the a~al IIlUbCa .11..11 not exceed the 1I1llal. authorhed by lav fol' IlIUlrl.c~al ..PH.c:. t4xina or henefit unlte. = :II '< a ... us .. ~ ... "' &DG( a241'~[ 330 .b. '" \oW - ::x: c: en p,':J.enda ItSnl r\jo. 1684 I'wvemoer Il), :::'009 Page 12 of 18 "'T1 r- rn o --- +~ .. - - Section 5: ~Oft,ttuct1ou and Severabilitr. l. Thi~ Cr4in.nce anall ba lib.rally conatrued to eff.ctuate 11:. p.bllc purpc.. . 2. If any rortion, pbr..e or word of thi. Ordinaocl 1, hal' ievalid or unconnitutlonal, ancb portion, phraaa or word ,lLall ba ~u.ad . 'aparata dbtinct and indepanclent proviti-Do au aneh 1\01411\1 ahan not affect ,the validity of the r,..inlne porti~. Seetlon 6: Ufactiva Data. TU, Ontl"....u:. .h.U be cowa effac:tbe Upoll. rec:dpt of ac:b1owlacl..'''llC !rOll tbe Secreury of State that toM.. Ordinance h.. "UIl. !l.lad vtl:h that offic.. PASSED A.l.1l DULY A.00l'TlD 'b)' the loard of Count,. CDlI:II1l11 Loura of Collin . County, FlorUa, tbil ~ d.,. of O=tcher , 1986. aoAlUl 0' COWl! COHMIllS"I0KU8 COLLID. COtnlT'C. MUl)A .~ ",.. OI'dI_a fll.d .llt! ""~ .,..tory of ~', Of;';~' ~My.f CIoL.... 0<nCI lC"'-Ie""1Mnt "* that fll'J ~1ft4!l!.;; ." of - . By i(Io::' 1~"jo_ ~~ ~- 5'D.'.t!: cr !1.Cl\tt)A. o::um- CF a:u.mt I, J1\loES C. em ~. ~~rJc- or COurts in lUXS lar the 'l'Went.1.eth Judicial Circuit, Collier COUnty, Fltlrida, cb hereby certify that the fore;ainq is a true oriqinlll of: . . OJlDINNa N:). 86-72 ~h -- adopted bt the BcI!lrC! of COUnty Camliasia1ers of COllier Co.z1ty, Florida in regulilr sesliion the 28 th day of ~, 1986. . r' ! hR4 November 10, 2009 Page 13 of 18 " M - - ~;, [. { . r '0" ~.:~' ....:. ~. ," ~ ir. ' . ~ , ..,,-.--...-. - _1'II!I!f'.,- -""'U' EXHIBIT 82 'iJ,,':i'!dJ ", , 'ER r'OU1'llY ii(AI<i'S?~U;lTt;rION SVCS. -""."-. ORDINANCE NO. 2001-.....$.J..- o I OCT I S AM 10: 0 I WHEREAS, on April 8, 1986, the of Board of County Commissioners accepted a petition from property owners [0 create the Saba! Palm Road E.x.tcnsion Paving Aaaessment District; and WHEREAS, the Board of County Commissioners enacted Ordinance 86-72 on Octobot ' 28, 1986 creating the Sabal Palm Road Extension Municipal Service Taxing and Benefit Unit: and WHEREAS, that en.bUnl ordinance did not provide for ongoing maintenance activities . , of Sabal Palm Road Extension; and ' WHEREAS,the Board of CoUllty Commissioners hereby desin:lS to amend Ordinanec No. 86-72 to provide for ongoing maintenance of Sabal Palm Road ExtensiOn. NOW, THEREFORE BE IT ORDAINED BY THB BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTy, PLORIPA THAT: , .-I t::! ' >~ a r-~ _ SECTION ONE: AMENDMENT TO SEcrION ONE OF ORDINANCE N~I6.?lB 11 , , >~ - (It'" I r Section I: Creation. Boundaries. Purnoses. ~~ m 1:'1;': "'0. The Saba! Palm Roud Extension Municipal Service Twdna and Benefit Unit (~~"~t")aiJ hereby created, with boundaries described as follows: a~ ~ '> ALL LANDS IN SECT'IONS 24, 25 AND 36, TOWNSHIP 50 SOUTH' RANGE 26 EAST, COu.rSR COUNTY. FLORIDA IUld ALL LANDS IN SECTIONS IS, 16.17, 18, 19,20,21,22. 23, 26, 27, 28. 29, 30, 31, 32, 33, 34, AND 35. TOWNSHlP 50 SOUI'H. RANOE 27 EAST, COLLfER COUNTY, FLORIDA The Unit hereby created and cstllbliihcd Is for the purpose of provldinll II preliminary en{lincc:ring study fOI' the dc&ign. construction, and flnuncing of roadwuy improvements within the Unit und 10 provide tor muintcnllncc of the c:xistinr ~llbul Pnlm Rood ExtcnsjQp lind 10 do 011 things rellsonably necessary in connection thcrcwilh uoo for Ihe purpose of exercising those powers authorized by Florida Statutes, Chupter 125. and other applicable laws. ,,,,......... 1 Words ewueli 1I<IAUtgh.fln:l deleted: words underlined IlI'C added. --.,~~ ---...,_.,...~ - - ... .:;~:;';J2 '~C:lm f'Jn 1 ~~K.1 ~~ovember 10, 2009 Page 16 of 18 SECTION TWO: INCLUSION IN THE CODE OF LA WS AND ORDINANCES., The provisions of this Ordinance shall become llnd be made II part of the Code of Lnwa and Ordinances of Collier County, Floridl1. The sections of the Ordirumce may be renumbered or relettered Lo accomplish such. and the word "ordinance" may be changed to "section". "anicle". or nny other appropriate word. SECTrON THREE: CONFLICT AND SEVERABILITY. In the event this Ordinnnce cont1icLS with any other ordinance of ColliCT County or other applicable law, the more restrictive shllll apply. If uny phrusc or ponlon of this Ordinance is held invalid or unconstitutional by any coun of competent jurisdiction. such portion shall be deemed lJ separnte, distinct, und independent provision llnd such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shull become effective upon filing with thC-Depllrtmcmt of State. PASSED AND DULY ADOPTED by the Board of County Commissionenl of Collier County, Rorida, this ~ day Of~, 2001; ",,,~,'l;" I (" f If:".",. ,/' ~.:\\Il' ~?'II?,) "" A~E$:r: .... (J, /mv~i.~~j'i~~ Cletx ~\~'.'~n.~. ",..... ~1.. ... '=.. " .-U,Mo...t,...n's . ''''',' ~~, .S, _ ,-'PotJ. .1. ',1............ . , ~l\ ',r,. I:',' BOARD OF COUNTY COMMISSIONERS OF COLLIER ~~~A BY~ - J . CARTER, Ph.D.. Chairman Heidi F. Ashton AssistllJlt County Atlorney Thlt ordll'lQl'lCa flied with the Secrehlry of ~Otll'5 Office the ~ day of d::', --/ and ac:l<nowledgem.~ thc:t . flll~~d~~dtJy- : of ~~~HJ>- By ~ c_ Approved lU to fonn und legal , sufficiency: 2 Words !ItPtiek lhrela;ft are acletcd; words underlined W'C added. 1- . . tl:':"98 .~ '. ~h' ;i- II :; : f ,; · ,. l' fl. 2 ; I n I r1l 111 ; ! I 11 1 I If . If . 1 . . . " " I . '., , , It , . I ....... /_. _ M .~: '.' . " ",.. .. I I. I' , r f ~ It,t I I ~ , I . I .: r. ~ .c."''2nd:::> !tom F\Jn 1 RP,4 ~ November 10, 2009 Page 17 of 18 . i '. I ~'.' I 1 ~I'I' J " 1"1 I I '" ,;: .', "., f . ""'rr ... r .. -. .. '''", r · .1. '~ . I' ". , I : t ~ .:1 j' ":'~i~' ~, :~. :'Lrjl I 'I':'~T ~ I ~/:'II'I I .. 'I . a II, I' i'. '. 1 .,. I. . I I I pl. ,. .' I . I' I . . '. f I I f.~-'-'I";~'i -;' ';":::'1- ':i;~:j: 'l'Ij).l/:'<:: . ., " ',: ' . I I I ~-... .\... I" "t'" , .1 I r II' 't ;: . 'I '.. . I . P . . t r ~ I ","':,: ;'. " I, I' t '01 '.t II t t. f .' , I :: I , . ,', 1'- I I.t '. ,. . : ~ r-- .. P\oenda Item NO.1 684 i'~ovemoerl U, LUllS Page 18 of 18 STATE OF FLORIDA) COUNTY OF COLLIER} I, DWIGHT B. 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. 2001-51 Which was adopted by the Board of County Commissioners on the 25th day of September,2001, during Regular Session. WITNESS 'my hand and the official seal of the Boar. g ~~ - County Commissioners of Collier County, Florida, this 2~~ -n >-.. - en .'. I en Pl ~ of September, 2001. l'T'lz ~- !:1 :: "'tJ m ..,,::;, '. ::: b Ul .:::- 0 ::o~ '. 6~ Q :t>r'l1 ..po DWIGHT B. BROCK Clerk of Courts and Clerk Ex-officio to Board of County.. ,aommiss ioners ." t ~\\'.'l\' '. ..: '. " ,.t;;,..t f......., .,.~~.,~V.~. ~ . '. .'....~\ 'ir)' / ~rftre.~~1 Mi~a~~~, ~ ..~ ~"P$puty ~~;k ~"'~;'''''.'' .:~._.."..., -;:,,; ~."I ~ ".~~'" :..... .....,,~.,... " "';) , ........ \.-~.. ."; '-" .,. ~ If'Jl'l \:. .. '.' II,.;, wo. 'l L~"\." _ '4.1"'."''''', i;, 0,1 :J ~ i1 J :, ~l J 1 ;;1 ;1li j