Ordinance 2008-20
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MAY 2008 ~
\0, R[CHVED J ORDINANCE No. 08 - 20
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c 2!.:>- ,,~AN ORDINANCE AMENDING ORDINANCE 97-82, WHICH
.~~ CREATED THE BAYSHORE AVALON BEAUTIFICATION
MUNICIPAL SERVICE TAXING UNIT; AMENDING SECTION
TWO (2) TO DELETE THE WORD A V ALON FROM THE NAME
OF THE MSTU; AMENDING SECTION SIX (6)TO INCREASE;:; ..
THE MEMBERSHIP OF THE ADVISORY COMMITTEE FROM='.
FIVE (5) MEMBERS TO SEVEN (7) MEMBERS AND TO DELETE~~c~
THE WORD AVALON THEREIN; AMENDING SECTION EIGHT';,'
(8) TO REFLECT AN INCREASE TO THE NUMBER OF;",:
ADVISORY COMMITTEE MEMBERS NECESSARY TO _ \
CONSTITUTE A QUORUM; PROVIDING FOR CONFLICT AND ':'. \.n
SEVERABLIITY; PROVIDING FOR INCLUSION IN THE }',-,)
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COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Ordinance
97-82, which created the Bayshore Avalon Beautification Municipal Service Taxing Unit; and
WHEREAS, the Bayshore Avalon Beautification Municipal Service Taxing Unit Advisory
Committee voted to increase its membership from five (5) to seven (7) members on January 23,
2008, and requested that the Board of County Commissioners amend and revise Collier County
Ordinance No. 97-82 accordingly; and
WHEREAS, on April 22, 2008, the Board of County Commissioners as the governing body
of the Bayshore Avalon Beautification Municipal Service Taxing Unit approved amending
Ordinance No. 97-82 to reflect that increase in the Advisory Committee Membership and to remove
references to the name "Avalon" in the title of the MSTU and throughout the ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No.
97-82 is hereby amended to read as follows:
SECTION ONE: Creation of the Municipal Service Taxing Unit.
Section Two (2) of Collier County Ordinance No. 97-82 is hereby amended to read as
follows:
There is hereby created and established the Bayshore f....aloll Beautification Municipal
Service Taxing Unit, hereinafter referred to as "MSTD." The boundaries of the MSTU are as
follows: See attached Exhibit "A," which is incorporated herein by reference.
SECTION TWO: Amendment to Section Six (6): Creation of the Bayshore 1.v810H
Page 1 of3
Words underlined are added; Words struck Ihrm'gh are deleted.
Beautification Advisory Committee; Appointment and Composition
Section Six (6) of Collier County Ordinance No. 97-82 is hereby amended to read as follows:
A. There is hereby created and established the Bayshore .^.'ia-loH Beautification Advisory
Committee, hereinafter referred to as the "Committee."
B. The Committee shall consist offi'ie (5) seven (7) members which generally represent
the area within the MSTU. 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 or
owners of residential or commercial property within the MSTU and electors of Collier County. An
owner of residential or commercial property may be an individual, an officer of a corporation or a
partner of a partnership. The Board shall consider appointment of members from different
subdivisions or communities within the 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.
D. Members of the Committee shall serve without compensation, but shall be entitled to
receive reimbursement for expenses reasonably incurred in the performance oftheir duties upon prior
approval of the Board of County Commissioners.
SECTION THREE: Officers of the Advisory Committee; Quorum; Rules of Procedure.
Section Eight (8) of Collier County Ordinance No. 97-82 is hereby amended to read as
follows:
A. At its earliest opportunity, the membership of the committee shall elect a chairman
and vice chairman from among the members. Officers terms shall be for one year, with eligibility for
re-election.
B. The presence of1hi-ee (3) four (4) or more members shall constitute a quorum ofthe
Committee necessary to take action and transact business.
C. The committee shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a written record of meetings, resolutions,
findings and determinations. Copies of all committee minutes, resolutions, reports, and exhibits
shall be submitted to the board of county commissioners.
D. Committee member attendance requirements, including failure to attend meetings and
Page 2 of3
Words underlined are added; Words "tru_1e through are deleted.
member removal from office are governed by Ordinance No. 01-55, as amended, or by its successor
ordinance.
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 ofthe
remaining portion.
SECTION FOUR:
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
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE:
Effective Date
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by motion and majority vote by the Board of County
Commissioners of Collier County, Florida, this 22nd day of April, 2008.
ATTESI::' [:~I?D"
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DwjgIU E.Brock;~~J.ERK
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BOARD OF COUNTY COMMISSIONERS
COLL~ C,NTY, FL RIDA ,
BY: .]1rL-
Tom Henning, CHAIRMAN
Page 3 of3
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Words underlined are added; Words slRick through are deleted.
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. 2008-20
Which was adopted by the Board of County Commissioners on
the 22nd day of April 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd day
of April 2008.
DWIGHT E. BROCK "",1.
Clerk of CourtSl)and..C'1~;r:k
Ex-officio to Bo~rd.,of /..
County CommissiQrters .-'
\'\<~tLUQ ~~IV-
~eresa Polaski;, ,,,'
Deputy Clerk