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Agenda 05/27/2008 Item #17B Agenda Item No. 176 May 27, 2008 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 75-04, which created the Golden Gate Municipal Services District, in order to establish a name for the advisory board appointed by the District's governing board, extend the terms of the advisory board appointments, add a new advisory board alternate member position, and correct minor typographical errors. OBJECTIVE: That the Board of County Commissioners adopts an Ordinance amending Collier County Ordinance No. 75.04, which created the Golden Gate Municipal Services District, by amending Section One, Subsection 2, Governing Board, Powers and Duties, to accept the changes requested by the Golden Gate Community Center Advisory Committee and to correct minor typographical errors. CONSIDERATIONS: On March 3, 2008, the Chairman of the Golden Gate Community Center Advisory Committee forwarded to the Executive Manager to the Board of County Commissioners the Committee's Revised Guidelines and Rules and requested the following changes to the Ordinance governing its Board: I. Change the name of the Golden Gate Community Center Advisory Committee to the Golden Gate Community Center Advisory Board. (Ordinance No. 75-04 did not originally establish a name for this Board,) ,,r- 2. Change the terms of the advisory board members from two (2) years to three (3) years. 3. Add an alternate member to this Board, At its April 8, 2008 Regular Meeting, the Board of County Commissioners approved the requested amendments to Ordinance No. 75-04. Attached is a proposed Ordinance amending Section One, Subsection 2 of Ordinance No. 75-04 to address the recommendations made by the Golden Gate Community Center Advisory Committee. In addition, minor typographical errors in Ordinance No. 75-04 are being corrected by this amendment. FISCAL IMPACT: There is no fiscal impact related to this matter. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this matter. RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance amending Ordinance No. 75-04, which created the Golden Gate Municipal Services District, in order to establish a name for the advisory board appointed by the District's governing board, extend the terms of the advisory board appointments, add a new advisory board alternate member position, and correct minor typographical errors. (' PREPARED BY: Jeffrey A. Klatzkow, County Attorney I Page I of I Agenda Item No. 176 May 27, 2008 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 17B Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 75-04, which created the Golden Gate Municipal Services District, in order to estabhsh a name for the advisory board appointed by the Districts governing board, extend the terms of the advisory board appointments, add a new advisory board alternate member position, and correct minor typographical errors. Meeting Date: 5/27/2008900.00 AM Prepared By Kay Nell Certified Legal Assistant Date County Attorney County Attorney 5/14/20089:50:08 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 5/15/2008 1:10PM Approved By OMS Coordinator OMS Coordinator Date -, County Manager's Office Office of Management & Budget 5/15/2008 3:45 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 5/16/200810:18 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/16/200812:07 PM :- file:IIC:\AgendaT estlExportl1 08-Mav%2027. %202008117 .%20SUMMAR Y%20AGENDA I... 5/21/2008 Agenda Item No, 17B May 27, 2008 Page 3 015 ORDINANCE NO. 2008-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDIN~'1CE NO. 75-04, WHICH CREATED THE GOLDEN GATE MUNICIPAL SERVICES DISTRICT. BY AMENDING SECTION ONE, SUBSECTION 2, ENTITLED "GOVERNING BOARD; POWERS AND DUTIES," BY ESTABLISHING A NAME FOR THE GOVERNING BOARD-APPOINTED ADVISORY BOARD, EXTENDING THE TERMS OF THE ADVISORY BOARD APPOINTMENTS AND ADDING AN ALTER "lATE ADVISORY BOARD MEMBER POSITION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 18, 1975, the Board of County Commissioners adopted Ordinance No. 75M04, creating the Golden Gate Municipal Services District, establishing the Board of County Commissioners as the District's governing board with an advisory council and setting forth the governing board's powers and duties; and WHEREAS, the Board of County Commissioners considered the request of the Golden Gate Community Center Advisory Committee and determined it appropriate to amend Ordinance No. 75-04 in order to establish a name for the governing board-appointed advisory board, extend the terms of the advisory board appointments and add an alternate advisory board member position; and WHEREAS, in reviewing the Ordinance, it was noted that minor changes were necessary to correct typographical errors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that: SECTION ONE: Amendment to Section One, Subsection 2 of Ordinance No. 75-04. Section One, Subsection 2 of Ordinance No. 75-04 is hereby amended to read as follows: 2. Governing Board; Powers and Duties. a. The governing board of the district shall be the Board of County Commissioners of Collier County, Florida with the power and duty to conduct the affairs of the district with the pov.'ers prescribed by Florida Statutes Section 125.01(q) including, but not limited to the power to equip, operate and maintain facilities and equipment within the district; to buy, lease, sell, exchange, or othenvise acquire, hold and dispose of equipment and other personal or real property and to employ and discharge employees; to promulgate rules and regulations to administer the district and to protect persons and property within the district. Page I of3 Words underlined are added; Words stnIel: tlli6UgR are deleted. Agenda Item No. 17B May 27, 2008 Page 4 of 5 b. The Board shall appoint a committee to be known as the Golden Gate Community Center Advisory Board. which shan consist of three (3) to five (5) electors and one (1) alternate eJector residing within the district to serve staggered terms oftwe ~ three (3) years each to hold meetings at such times and places as it shall determine for the purposes of advising the Board regarding the affairs of the district. This Board shall serve at the oleasure of the Board of County Commissioners and shall abide bv Collier County Ordinance No. 2001-55. as amended. Collier County'S General Advisory Board Ordinance. c. The Advisory Cemmittee Board shall annually prepare a district budget and estimate the funds, their purpose and the ad valorem taxes necessary to carry out the provisions of this Ordinance for the following fiscal year as prescribed by Chapter 129 of the Ftorida Statutes, d, Upon adoption of the district budget by the Boanl, it shall cause the budget to be recorded in the Board minutes and shall cause to be levied on all property within the district millage sufficient to fund the budget not exceeding nine tenths (9/1 0) of one (1) mill in anyone year to be assessed and collected as though County taxes. - /. , e. The Treasurer of the Board shall: 1) Issue all warrants for the services, equipment materials and other expenses incurred by the district and approved for payment by the governing board. 2) On or before the end of each fiscal year prepare an annual report te Q[ the receipts and expenditures of the district to the governing board as required by Section 218.20 et seq afthe Florida Statutes. 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 re.lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,'l or any other appropriate word. ~ , SECTION FOUR: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. Page 2 of3 Words underlined are added; Words strnelc threH;h are deleted. I Agenda Ilem No, j 78 May 27, 2008 Page 5 r 5 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of May, 2008, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. BY: BY: TOM HENNING, CHAIRMAN , Deputy Clerk oved as to form . ncy: CP:08.BCC-004 ;2 Page 3 of3 Words underlined are added; Words Strul;;t thrSligfl are deleted.