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Ordinance 97-81 ORDINANCE NO. 97- a J AN ORDINANCE AMENDING COLLIER COUNTY ORDINANC!~NO. o 95-22 BY REVISING SECTION TWO, THREE AND FIVE; PROVI~IING FOR AN EX-OFFICIO MEMBER TO THE IMMOKALEE ENTERI~SE c~ t'- ZONE DEVELOPMENT AGENCY (EZDA); SETTING FC]~RTH AUTHORITY AND POWERS OF THE EX-OFFICIO MEMBER' BY ,.n c--j MODIFYING SECTION S ADDRESSING OFFICERS, QUORUM, ES .-x: OF PROCEDURE OF THE IMMOKALEE ENTERPRISE 220NE DEVELOPMENT AGENCY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR EFFECTIVE DATE WHEREAS, the Board of Cotmty Commissioners of Collier County, Florida, has adopted Ordinance No. 95-22, Establishing the Immokalee Enterprise Zone Development Agency '(EZDA); and WHEREAS, Collier County Gov~mn'nent has a policy that no Collier County ernploy~ shall serve on Board of County Commissioners Advisory Boards or Committees; and WHEREAS, the Director of the Department of Agriculture for Collier County has had. and will continue to have, an integral role in the purposes and activities of the EZDA, it is necessary to appoint the individual holding that position as liaison to the EZDA and to direct that individual to assist the EZDA in attaining its goals pursuant to Sections 290.001 - 290.016, Florida Statutes, and Collier County Ordinance No. 95-22. NOW, THEREFORE, BE IT HEREBY ORDAIN D BY THE GOVERNING BODY. THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: SECTION ONE: Section Two of Collier County Ordinance No. 95-22, cnti~ed "Appointment and Compensation of the knmokal~e Enterprise Zone Development Agency' is hereby amended by adding a n~w subparagraph to authorize the appointment of an ex-officio member of the Agency, as follows: SECTION TWO: ADnointment and ComDensati0n of the Immokalee Enternrise Z0n¢ Develo_vment A~encv A. The Agency shall consist of not f~ver than eight (8) or more than thirteen (13) members which shall consists of at l~ast one representative from each of the following entities: Words underlined are added; words z'.."-'zk ~:~ug.h are 1 ) the Immokalee Chamber of Commerce, 2) a Financial or Insurance entity, 3) a business operating in the nominated Enterprise Zone, 4) a resident living in the nominated Enterprise Zone, 5) a nonpw~t community-based organization operating with the nominated Enterprise Zone, 6) a local private industry council, 7) a local code enforcement agency, and 8) a local law enforcement agency. B. The importance of minority representation on the agency shall be considered in making appointments so that the agency generally reflects the ethnic and gender composition of the Irnmokalee conunity. C. Members of the Agency shall be appointed by and serve at the pleasure of the Board of County Commissioners. D. The Director of the Dep_artment of Am'iculture of Collier CourltY ~hall be appointed as an ex-officio member of the A~ency ~md shall I~¢ a no~-v0ting member of th~ Ai~encv. SECTION TWO: Section Three of Collier County Ordinance No. 95-22, entitled Terms of OffiCe 0f the Immokalee Entervrise Zone Development AgencY, is hereby mended by adding a n~v subparagraph as follows: SECTION THREE: Terms of Office of the Immokalee EnteWrise Zone. Development A~encv The initial term of office of the Agency shall be as follows: A) Two (2) members shall be appointed for a term of three (3) years. B) Two (2) roetubas shall be appointed for a term of two (2) years. C) One (I) member shall be appointed for a term done (l) year. D) The remaining initial members shall be appointed for a term of four (4) years. Thereafter, such appointment or reappointment shall be for a term of four (4) years. Words underlined are added; words :~.:.:.b. ,t. .....~' are deleted. 2 Appointments to fill any vacancies on the Agency shall be for the remainder of the unexpixed term of office. As the ¢x-qffi~i9 mernb~', the Director of the DeVartment of Aizricuiture shall be ~tppointed to a terrn lasting for the life of the ARehey. unless otherwise removed by the Board of C:ountv Commissioners. SECTION THREE: Section Five of Collier County Ordinance No. 95-22, entitled Officen: Quorum; Rules Of ProCe, dure Of th~ ImmOkale¢ Enterprise Zone D~velooment Aszencv is hereby amended by adding a new subparagraph as follows: ~t~(~TION FIVE: Officers: Ouonun: Rules of Procedur~ of the Immokal~ ]~rll~n'p_ris¢ Zon~ D~velQpm~t ASzencv A) The Board of County Commissioners shall elect a chairman and vice chairman from among the members, e~]usive of the Director of the Department 9f ~,griCulture me'tuber, Officers' terms shall be for one (1) year, with eligibility for r~election. B) A majority of the votiniz members of the Agency constitutes a quorum for the purposes of conducting business and exercising the powers of the Agency and for all other purposes. C) Action may be taken by the Agency upon a vote of a/najority of the voting members present. Copies of all Agency minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. SECTION FOUR: 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. Words underlined are added; words :~_':h '.L-,~u;,k. are deleted. SECTION FIVE: INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES The vrovisions of this Ordinance shall become and bc made a part of the Code of Laws and Ordinances of Co!lier County. Florida. The sections ofthe Ordinance may be rentunbaed or rcle~terai to sr, cornplish such. and the word "ordinmnce" may be chanaed to 'sectiota' "article" or any other enoronriste word. SKCTION SIX: K!~'E~,,-IIVE DATE. This Ordinance shall bccome effective upon filing with the Dcpmmcnt of Statc. PASSKD AND DULY ADOPTKD by the Bozrd of County Commissioners of Collier County, Florida, this q~ day of Mcl|m~'dina~es~mendmast to EZDA Words underlin~ arc added; words ~,~.,,::z, '~,~":ug~ are dclctcd. 4 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 o~. ORDINANCE NO. 97-81 Which was adopted by the Board of County Commissioners on the 9th day of December, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of December, 1997. DWIGHT E. BROCK .-.'~ ......... clerk or Courts ..%. Ex-officio to Board~df."' .... County Commission~f~