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Ordinance 2008-27 ORDINANCE NO. 2008-27 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 75-04, WHICH CREATED THE GOLDEN GATE MUNICIPAL SERVICES DISTRICT, c- BY AMENDING SECTION ONE, SUBSECTION 2, > ENTITLED "GOVERNING BOARD; POWERS AND.. .. DUTIES," BY ESTABLISHING A NAME FOR THE"~. GOVERNING BOARD-APPOINTED ADVISORY BOARD AND EXTENDING THE TERMS OF THE ADVISORY r; BOARD MEMBERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING ',<,., FOR AN EFFECTIVE DATE. ;'", ':.) , C,;l :.,,,... "n C~) \.:::> ;': ,) ":.;J WHEREAS, on February 18, 1975, the Board of County Commissioners adopted Ordinance No. 75-04, 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 and extend the terms of the advisory board appointments; 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 Page 1 of3 Words underlined are added; Words stmek through are deleted. affairs of the district with the powers 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 otherwise 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. b. The Board shall appoint a committee to be known as the Golden Gate Communitv Center Advisorv Board, which shall consist of three (3) to five (5) electors residing within the district to serve staggered terms of two (2) 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 pleasure of the Board of Countv Commissioners and shall abide bv Collier Countv Ordinance No. 2001-55, as amended, Collier Countv's General Advisorv Board Ordinance. c. The Advisory CllHllRiltee 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 Florida Statutes. d. Upon adoption of the district budget by the Board, 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 ofthe Board shall: I) 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 Ie of the receipts and expenditures of the district to the governing board as required by Section 218.20 et seq of the Florida Statutes. Page 2 of3 Words underlined are added; Words stfHek through are deleted. 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," 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 27th day of May, 2008. ATTEST:."; ,i\''\ ,,"'(- DWIGH'[E. BROO~, CLERK r.. ,. , BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. " --'c. .. . . ; BY;~l L. 2J~\ I, , QL. .-.... ~\ .~.OfIl. Ap rove as to form an Ie su 1 cy: . "") t!"y Jef i\. K !cow Cou y Attor e By CP:08-BCC-00425; Page 3 of 3 Words underlined are added; Words stmek 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 and correct copy of: ORDINANCE 2008-27 Which was adopted by the Board of County Commissioners on the 27th day of May, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of May, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~~~~O<-. By: Artn Jenn~john, Deputy' Cie1.'k ,< - '-;,; .,'" ;:i , l~