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Ordinance 93-29 ORDINANCE NO. 93- 29 AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 87-96 AND COLLIER COUNTY ORDINANCE NO. 88-29; ABOLISHING THE WIGGINS PASS A]~EA MUNICIPAL SERVICE TAXING UNIT AND ITS ADVISORY COMMITTEE; PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. W~EREAS, the Board of County Commissioners of Collier County (hereinafter referred to as the "Board") on the 1st day of December, 1987, passed and duly adopted Collier County Ordinance No. 87-96 creating the Wiggins Pass Area Municipal Service Taxing D~i~trict (hereinafter referred to as the "M.S.T.U.") for th~ maintenance dredging of the Wiggins Pass and other c~nnel~re~ within the Unit's boundaries as may be recommended by Committee and approved by the Board of County Commissioner% and ~D do all things reasonably necessary in connection therewith ~ithin the boundaries of the Unit; and WHEREAS, the boundaries of the M.S.T.U. were described in Exhibit "A", incorporated in and a part of Ordinance No. 87-96; and WHEREAS, the M.S.T.U. was authorized to levy a tax not to exceed one-half (1/2) mill in any one fiscal year; and WHEREAS, the Board, on the 1st day of March, 1988, passed and duly adopted Collier County Ordinance No. 88-29 creating the Wiggins Pass Area Advisory Committee composed of residents who are electors from within the Unit, with advisory authority to assist in conducting the business affairs of the Unit and such other duties of the Unit as may be assigned from time to time by the Board of County Commissioners; and WHEREAS, the Advisory Committee could not provide a positive recommendation with respect to a tax levy and as a result, no tax levy has been imposed to date for this M.S.T.U.; and WHEREAS, on November 4, 1992, the voters of Collier County approved a Tourist Development Tax of which 60% of the proceeds is designated ~or the purpose of Beach and Pass maintenance thereby providing a funding source for projects for which J~t~.S.T.U. was created; and "" 80 , - .=,, WHEREAS, The Board of County Commissioners finds that it is now appropriate to repeal Collier County ordinance No. 87-96 and Collier County Ordinance No. 88-29, abolishing the Wiggins Pass Area Municipal Service Taxing Unit and the Wiggins Pass Area Advisory Committee. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~~_~. REPEAL OF COLLIER COUNTY ORDINANCE NO. 87-96 AND NO. 88-29; ABOLISHMENT OF THE WIGGINS PASS AREA MUNICIPAL SERVICE TAXING UNIT AND THE WIGGINS PASS AREA ADVISORY COMMITTEE. 1. Collier County Ordinance No. 87-96 and Collier County Ordinance No. 88-29 are hereby repealed. 2. The Wiggins Pass Area Municipal Service Taxing Unit and its Advisory Committee are hereby abolished. $.~. 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. ~. EFFECTIVE DATE. This Ordinance shall become effective upon receipt of acknowledgment 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~ Co.~,nty,_:. ~:~'Fl°rida' this ~'-day of~/ , 1993. ATTEST:" ' ...~:'i~,:': BOARD OF COUNTY COMMISSIONERS COLLIER gOUNTY, FLORIDA ~'~:'/ :;'fl ':;~ ¥.~ " Burt L. Saunders, Chairman (s · .... ' ...:j Appr69ed~,~s%t~- ~orm and legal su~f'~6iency: Thls ordlnonce {lied with th~ baEid C. Wei(,~l' ,;/) fi~;",ecel,,ed "~,~--(.u~ ~ . }IEH/m fb/8205 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. 93-29 whAch was adopted by the Board of County Commissioners on the 25th day of May, 1993, during Regular Session. WITNESS my hand and the official seal of the Board of ' County Commissioners of Collier County, Florida, this 2?th day of May, 1993. ,?. DWIGHT E. BROCK ~" ,,~'. ........ Clerk of Courts and Cle~. ~. '". '~) Ex-officio to Board of/?. .,'.: ..~. ~' ~~~_County Commissio ers "~' By: /s/Mau~ee~ Kenyon .]~,~.t ' ';~'' ';" '' .:~ : Deputy Clerk