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Ordinance 2009-18 ~'\31415781> ,,'\. '\... ~ ~ ~ t\\ ~ 0) ~\~t\l ~ ~ \\\t"..nrA'\ 1:1 I.!) \.IIf. 'i. ~ ... ~ ~ tJ ~ . <' " ORDINANCE AMENDING COLLIER COUNTY ORDINANCE :::'. '~Oe6?gZL~C!J1; 001-43, AS AMENDED (THE VANDERBILT BEACHL--:. BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT);::; AMENDING SECTION THREE, PURPOSE AND GOVERNING i';' - BODY; PROVIDING FOR CONFLICT AND SEVERABILITY; ~j~, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ~';, ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. ORDINANCE NO. 2009- 1 8 #.-. ..,. t__.:J ,--.~..J .~ ~~~< <<'~-~~~~ ~ s 1:- ~~1 C~:' (' .--- ; ,) (' ,:1 WHEREAS, on July 31, 2001, the Board of County Commissioners adopted Or.dinanee :"j.1.... ' No. 2001-43, establishing the Vanderbilt Beach Beautification Municipal Service Taxing Unit; and WHEREAS, the Vanderbilt Beach Beautification Municipal Service Taxing Unit Advisory Committee requested that the Board of County Commissioners amend and revise Section Three of Collier County Ordinance No. 2001-43; and WHEREAS, on April 28, 2009, the Board of County Commissioners as the governing body of the Vanderbilt Beach Beautification Municipal Service Taxing Unit approved the amendment to Ordinance No. 2001-43. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 2001-43, as amended, is hereby further amended to read as follows: SECTION ONE: Amendment to Section Three Purpose and Governing Body Section Three, Purpose and Governing Body of Collier County Ordinance No. 2001-43 is hereby amended to read as follows: SECTION THREE. Purpose and Governing Body The MSTU is created for the purpose of: (1) Providing curbing, watering facilities, plantings and maintenance of the median strips and right-of-way edges of roadways within the MSTU; (2) Providing traffic calming improvements, street lighting, and sidewalks within the MSTU; (3) Beautification and maintenance of other public areas within the MSTU as determined by the Advisory Committee; and (4) providing for the Burial of Power Lines within the MSTU. including providing underground trenching and burial of utility lines from the street or transformer to private residences and. as needed. arranging to locate the burial of such power lines alongside any existing utility easements but excluding the expenditure of MSTU funds for any additional wiring or installation of improvements or upgrades to connect service to 1 Underlined words are added; Struck Through words are deleted. residences required by current code or resulting from any other hardware nonconformity. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. 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 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 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 Ordinance may be renumbered or re-Iettered 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 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~, 2009. ~ .,- ,\1"11.", "" ATTEST "..' ", !"~..,. '. ' __'~~ .'_ .-.:)~ , tJ.;rJ:;~:'~I;; .' L DWIG!i'f:~'nR6~,..taletk ; ,., \ ~.:' .. .:,.., '. . :;.J. ": ';,..' uo/tlerK'.- i - '.,' .Ult ":',~' It.t~.'l.t,. BOARD 0 COUNTY COMMISSIONERS OF COLJ: COUNTY, FJibRIPA By: '~$4 DONNA FIALA, CHAIRMAN Approved as to form and ~cien( J ~ ;(~I Scott R. Teach Deputy County Attorney Thls Ordlnanee fUed wIth fl,e ~ory of ~W!l'1.off~~ "PI' 'day of ~I -- - ~ocknowledgemt;n~~;JI d . \ ~ dUY fili receive o 2 Underlined words are added; Struck Through words 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 2009-18 Which was adopted by the Board of County Commissioners on the 28th day of April, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of May, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of, . ", .:' '< County Commissioners" " '. ~ ~~,C~ ' By: Ann Jennejohn, Deputy Clerk. J ~..:.