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Ordinance 97-52 O~DINA~CE NO. 9V-S2 /~N ORDIN/~a~CE CRYATING THE ~IO B~IFI~TION ~VISORY CO~ITTEE; PROVIDING FOR ~POINMNT ~ CO~OSITION; SETTING FORTH THE TE~S OF OFFICE; PROVIDING FOR ~OV~ ~OM OFFICE, FAIL~ TO ATT~ ~ETINGS; PROVIDING FOR OFFICERS, QUOR~, R~S OF PROCED~; PROVIDING FOR MI~S~NT OF EXPOSES; SETTING FORTH THE ~CTIONS, POURS ~ DUTIES OF THE CO~ITTEE; SETTING FORTH T~E D~IES OF THE CO~TY ~MINIS~TOR OR HIS DESIRE; PROVIDING FOR ~I~ PROCESS; PROVIDING FOR CONSICT ~ S~ILITY; PROVIDING FOR INCLUSION IN CODE OF ~WS O~IN~CES; ~ PROVIDING ~ EF~CTI~ DA~. WHEREAS, Collier County Ordinance No. 86-41, as amended, sets forth the requirements for creating County Advisory Boards; and WHEREAS, Collier County Ordinance No. 96-84 created the Radio Road Beautification Municipal Service Taxing Unit in Collier County,,Florida; and WHEREAS, the Board of County Commissioners desires to establish an advisory committee to advise the Board of County Commissioners on matters pertaining to the Radio Road Beautification Municipal Service Taxing Unit (MSTU). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE. Creation of the Radio Road Beautification Advisor~ Committee. There is hereby created and established the Radio Road Beautification Advisory Committee, hereinafter referred to as the "Committee". SECTION TWO. Appointment and Composition. A. The Committee shall consist of five (5) members which generally represent the area within the Radio Road Beautification Municipal Service Taxing Unit as said MSTU is described in Collier County Ordinance No. 96-84. B. 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 within the MSTU and electors of Collier County. 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. SECTION THREE. Terms of Office. The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a term of two (2) years. B. Two (2) members shall be appointed for a term of three (3) years. C. One (1) member shall be appointed for a term of (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION FOUR. Removal from office; Failure to attend meetings. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 86-41, as amended, or by its successor ordinance. SECTION FIVE. Officers; ~uorum; Rules of Procedure. 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 (1) year, with eligibility for re-election. B. The presence of three (3) or more members shall constitute a quorum of the 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 a'.d determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX. Reimbursement of Expenses. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN. Functions~ Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the purposes of providing curbing, watering facilities, plantings and maintenance of the median areas as set forth in Collier County Ordinance No. 96-84. B. TO prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the Municipal Service Taxing Unit for the next fiscal year. In carrying out this responsibility, 3- the Committee shall, no later than April. 1'~ of each year, meet with the County Administrator or his designee and outline to the County Administrator or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Administrator or his designee shall prepare a proposed budget for the Municipal Service Taxing Unit, in accordance with the standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Administrator or his designee to the Board of County Commissioners for adoption in accordance with the pr,.zedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1'~ of each year, the County Administrator or his designee shall be authorizedto submit a proposed budget to the Board of County Commissioners. C. The Committee shall recommend work programs and priorities to the County Administrator or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee. Said work may be performed under contract (in accordance with law) or by County forces. D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the Municipal Service Taxing Unit, subject to approval by the Board of County Commissioners. - 4- SECTION EIGHT. Duties of the County Administrator or his Desiqnee. The duties of the County Administrator or his designee shall be: A. To administer the activities of the Municipal Services Taxing Unit in accordance with established polices of the Board of County Commissioners and guidelines adopted by the ComMittee. B. To prepare the annual budget in accordance with Section Seven, Paragraph B, above. C. To provide periodic written reports to the Committee, the County Administrator or his designee and the Board of County Commissioners of the activities of the Municipal Service Taxing Unit and its finances in accordance with established guidelines of the Board of County Commissioners or the Committee. D. Attend all Committee meetings. SECTION NINE. Review Process. This Committee shall be reviewed once every four (4) years commencing 2001, in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended, or its successor ordinance. SECTION TEN. 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 ELEVEN. 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 relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWELVE. Effective Date. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 21st day of October, 1997. ATTEST =. ~'l;D BOARD OF COUNTY COMMISSIONERS DWIGHT E:; B~)CK, Clerk OF COLLIER COUNTY, FLORIDA ' ' ' "' " '~ TIMOTHY ~. HANCOCK, Chairman ..,]~....l;. . ,.. , ... 7:..~i ~ .,~ ' Approved as to form and legal sufficiency: ~ Se .to,7 c[ ': ..... · ".'~ - .' - Assistant County Attorney h:/ew~W~inanccs ~dio Road Beauti ticorion Advi~ Coei~: 0 [ ~~ ' , ~ c e OSTATE 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 N0.97-52 Which was adopted by the Board of County Commissioners on the 21st day of October, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of October, 1997. clerk of Courts n .-Clerk Ex-offiCiO tO Boarc~_o.f,. . ~o..~ :.~ County CommissionerE By: Ellie Hoffman Deputy Clerk