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Ordinance 2010-10 " .~ -, /'.... /~?:\ /~;;:.,-.~~ /.io.? ~~~, <. \) i~ ~\) 1) ., 1- ~ '; ORDINANCE NO. 2010 _ 1 0 ,~\\l , I , . 'fO<" ~ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS O~'-'- "-~.(9Ct>'Z'Z~::eoLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-03, -- ~. - KNOWN AS THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY AMENDING SECTION THREE, "DEFINITIONS;" SECTION FOUR, "CONTINUANCE OF AUTHORITY; AIRPORT BOUNDARIES;" SECTION FIVE, "GOVERNING BODY; MEMBERSHIP; APPOINTMENT AND TERMS OF OFFICE;" SECTION SIX, "COMPENSATION OF MEMBERS;" SECTION SEVEN, "POWERS, FUNCTIONS AND DUTIES;" SECTION EIGHT, "ANNUAL WORKSHOP; BUDGET AND REPORTS;" SECTION NINE, "ADMINISTRATIVE CODE;" SECTION TEN, "EXECUTIVE DIRECTOR;" SECTION ELEVEN, "NON-INTERFERENCE;" AND SECTION FOURTEEN, "ADOPTION OF RULES AND REGULATIONS PREVIOUSLY ADOPTED BY THE COLLIER COUNTY AIRPORT AUTHORITY;" IN ORDER FOR THE BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE GOVERNING BOARD OF THE COLLIER COUNTY AIRPORT AUTHORITY, AND PROVIDE THAT THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR REPORT TO AND SERVE DIRECTLY UNDER THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE AIRPORT AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 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'^~'_d \ \ ,.') ,J v WHEREAS, Chapter 332, Florida Statutes, authorizes Collier County to acqUire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate County airports and other navigation facilities; and WHEREAS, Section 332.08, Florida Statutes, authorizes Collier County to vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation thereof in an officer, a board, or body by ordinance or resolution which shall prescribe the powers and duties of such officer, board or body; and WHEREAS, the governing body of the Airport Authority has previously been composed of seven citizen members appointed by the Board of County Commissioners; and WHEREAS, the Board of County Commissioners now desire to serve as the governing body of the Airport Authority and create a citizen-member advisory board(s) to advise the Board concerning County airports; and Page I of 12 Words underlined are added; Words slrHok l"rGagh are deleled. WHEREAS, the Board of County Commissioners desires to appoint the members of the Airport Authority that exist as of the date immediately preceding the effective date of this Ordinance amendment to the Airport Authority Advisory Board; and WHEREAS, the Board of County Commissioners desire to make the Airport Authority Executive Director serve at its pleasure; and WHEREAS, the Board of County Commissioners desire to adopt all policies and procedures of the Airport Authority, to include the Administrative Code, in existence as of the effective date of this Ordinance amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO SECTION THREE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Three of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION THREE. Definitions. As used in this Ordinance, the following words and terms shall have the following meaning unless the context clearly requires otherwise: * * * "Authority" means the Collier County Airport Authority created by Ordinance No. 93 3€i and cORtiRued by tHis OrdinaRcc. * * * SECTION TWO: AMENDMENTS TO SECTION FOUR OF ORDINANCE NO. 2004-03, AS AMENDED. Section Four of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION FOUR. Continuance of Authority; Airport Boundaries. i\. THe Board, OR June 22, 1993, by eRactment of Collier County Ordinance No. 93 3€i, created a Se'ieR member body desigRated as tHe Collier COURt)' .'\irport .^.utHority. Page 2 of12 Words underlined are added; Words slfud, thr8agh are deleted. B A. The Authority is a "political subdivision" of Collier County as defined in subsection 333.01(9), Florida Statutes. The Authority is also a "political subdivision" of Collier County as used in Section 196.199, Florida Statutes, regarding ad valorem taxation. C. THe .'\uthority is Hot a "department" under Collier County Ordinance No. &1 11, as amended. Neither tile authority, the .'\uthority's ElCecuti'ie Director, Ror other emllloyees of the .'\utHority are under management of the County MaRager. f} .Ii. The Authority shall take no action that is inconsistent with applicable general law, any applicable special act, any applicable comprehensive land use plan, any applicable land development ordinance, or any other applicable ordinance, rule or regulation adopted by the Board pursuant to Chapters 332 or 333, Florida Statutes, or any applicable regulation of any governmental entity that has authority to adopt regulations that are superior to the Authority with respect to the specific issue. e C. The legal description and a map of each of these three airports are attachcd hereto and are a part hereof as Exhibits A, B and C. The legal description and maps may be amended by Resolution of the Airport Authority. SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Five of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION FIVE. Governing Body; Membership; Appointment and Terms of Office .'\. THe gO'ierning body of the .^.uthority shall be comllosed of se'ien (7) members aHd ORe (I) alternate member appointed by the Board. The alternate member shall act only in the absence, or dis'lualification, of a regular member. Except '""hen a member is appointed to fill the remainder of a vacated term, members shall be appointed to ser,'e four year terms. There are no limitations on the number of times that members of the .^.uthority may be re appointed to the .^.uthority. In the eveRt this provisioR conflicts ',vith an)' other Collier County rule, regulatiofl or ordiRance, this provision shall prevail. VIlOR the elCpiration of a member's term of office, such member shall maintaiR his or her appointment until tile member is eitiler re appoiRted or a successor is appoiflted by tile Board. B. Members of the .^.uthority may be remo'ied witil or without cause by a majority yote of the membersHip of tHe Board. Vacaflcies on the Authority shall be filled ifl tile Saffle manRer as the original appointment. C. Members of tile .^.utilority silall be resideflts of Collier County afld must have busifless ability aRd e)(perieflee iR one or more fields '""hieh, by ',vay of elcample, may include, but are not limited to, geReral business, economic development, ayiation, public affairs, law, finance, aeeounting, engineering, natural resource conservation, or related fields. There shall be at least one (I) member of the .^.uthority allPointed from Immokalee, Marco Island, and Eyerglades Page 3 of 12 Words underlined are added; Words struok throagh are deleted. City of a 'lualified candidate who resides within the respective area is available for appoiRtment to tHe .^.utilority. No persofl iloldiflg elected office at tile state, couRt)' or mURieiJ'lality level shall be apJlointed to, or be a member of, the .^.uthority. A. The Board of County Commissioners herebv declares itself to be the Collier County Airport Authority. f} .Ii. Effective as of the beginning of each fiscal year (October I), the Authority shall from its members elect a chairman and vice chairman. Tile "^.utilority may delegate tile duties of seeretary to tile e)(eeutive direetor of the .^.uthority or designee. If an election does not occur, the chairman and vice-chairman of the Board of County Commissioners will hold those same positions on the Airport Authoritv governing board. e C. The County's Purchasing Policy and the County's Personnel Rules and Regulations will apply to the Authority except as provided otherwise in the Authority's Administrative Code, as amended from time-to-time. F D. The Clerk to the Board shall, to the extent required by law, serve as clerk to the Authority. The Authority, at its discretion, may utilize the services of the Clerk over and above the services the Clerk must perform for the Authority as a matter of law. The Authority shall annually budget and reimburse the Clerk as appropriate for the cost of all services and materials supplied by the Clerk to the Authority. The Authority shall organize its own financial records to facilitate its day-to-day operations and provide financial records in such form and in such manner as required by Chapter 218, Florida Statutes, and additional requirements, if any, specified in the Authority's Administrative Code. To the extent allowed by law, the Authority may, through its Administrative Code, remove itself from fiscal and other review and approval by the Clerk to the Board. G f;. Other Departments of the County, including the office of the County Manager, may assist the Authority as requested by the Authority. The Authority shall reimburse each respective department for the cost of services and materials supplied by that department to the Authority. SECTION FOUR: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2004-03, AS AMENDED. Section Six of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION SIX. Compensation of Members. The members of the Authority shall receive no compensation but each shall be reimbursed expenses in accordance with the provisions of general law, and in conformity with the Authority's budget as aJlJ'lroved by the Board. Page 4 of 12 Words underlined are added; Words ,trHot thrsugh are deleted. SECTION FIVE: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO, 2004-03, AS AMENDED. Section Seven of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION SEVEN. Powers, Functions and Duties. A. The Authority shall be responsible for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and all related airport facilities. The day-to-day activities of tile /\utilority, of the Executive Director, and of the Authority's other employees shall not require prior approval from the Board, Authority, or the County Manager. B. The Authority shall have no power to levy or collect ad valorem taxes unless provided otherwise in a special act of the Florida Legislature. C. The Authority has the following powers and duties: 1. Subject to and consistent with the Authority's budget, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. 2. The Authority may adopt resolutions, rules and regulations that are necessary to conduct the business of the Authority. 3. To accept gifts; to apply for and use grants or loans of money or other property from the United States, the State of Florida, any unit of local government, or any person for any lawful purpose; to hold, use, sell and dispose of such monies or property for any Authority purpose in accordance with the terms of the gift, grant, loan or agreement relating thereto; and to enter into interlocal agreements as convenient to accomplish its goals. 4. To maintain an office within the County at such place or places the Authority designates. 5. Subject to prior aJlJlroval of the Board, t 10 borrow money and issue revenue bonds or anticipation ccrtiticates, warrants, notes or other evidence of indebtedness; to designate an agent of record; to sell or mortgage real or personal property, or to accept any grant. 6. To adopt by resolution a schedule of rates, fees and other charges for the use of the services, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility which may be connected with or provided service, use or availability of any airport facility. The initial schedule of such rates, fees and other charges shall be those in effect at the three airports as of the effective date of this Ordinance. The Authority may from time-to-time revise the schedule of rates, fees Page 5 of 12 Words underlined are added; Words struck throHgh are deleted. and other charges. Such rates, fees, and other charges shall be adopted and revised so as to provide funds, which, with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the airports and airport facilities (including reimbursements to the county), to provide a margin of safety over and above the total amount of such payments, and to comply with covenants to bondholders. Also to provide, if applicable, reserves for the principal and interest on revenue bonds as the same may become due. The Authority shall charge and collect such rates, fees, and other charges so adopted and revised. 7. To sub-lease as sub-lessor, and to lease as lessee, to or from any person, firm, corporation, association, or body, public or private, any airport facility or airport property of any nature for the use of the Authority to carry out any purpose of the Authority. To grant easements, licenses and use agreements at each airport. Each sub lease where the .^.utllority is the sub lessor, and each grant of aRY sueH easement, license or otller use agreement, shall be s~lbject to appro'ial of tile Board if the term of tile sub lease, liceRse, easemeHt, use agreemeHt or other agreement or documeflt will cORtrol use or occupancy of real property for a term grcater then five (5) years, iHcluding e'iery option to renew or e)(tend the term. 8. To acquire by purchase, lease, gift, dedication, or devise, or otherwise, real and personal property or any estate therein for any lawful purpose of the Authority; also to trade, sell or otherwise dispose of surplus real or surplus personal property in accordance with general law. The Authority may purchase equipment by an installment sales contract if budgeted and funds are available to pay the current year's installment and to pay the amounts due that year on all other installments and indebtedness. The Authority shall have no power of eminent domain except (a) in the name of the county pursuant to Chapter 74, Florida Statutes, as authorized by the Board, or (b) except as authorized by special act of the Legislature. 9. To hold, control and acquire by donation or purchase any public easements, dedications to public use, platted reservation for public purpose, or reservation for any lawful purpose of the Authority, and to use such easement, dedication or reservation for any lawful purpose of the Authority. 10. To hire employees, including the Executive Director, who shall be an employees of the County and shall be subject to the County's Human Resources Policies and Procedures except to the extent, if any, specitically provided otherwise in the Authority's Administrative Code. II. To contract for professional services including, but not limited to, planning, engineering, legal, and/or other professional services. No person engaged to provide such services shall be an employee of either the Authority or the County. 12. At the Authority's discretion, the County Attorney's office will serve as the Authority's attorney. The Authority may retain individual attorneys at law and/or law Page 6 of 12 Words underlined are added; Words 5lnlck threugh are deleted. firm(s) to serve as the Authority's attorney for some or all of the Authority's legal servIces. 13. To exercise all power and Authority that is convenient and appropriate to accomplish any duty, responsibility, goal, plan, or purpose of the Authority as provided for in this Ordinance. 14. To create advisory board(s) by ordinance. D. The Authority shall have a lien upon all aircraft landing upon any airport operated by the Authority for all charges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft, when payment of such charges and fees is not made immediately upon demand therefore to the operator or owner of the aircraft by a duly authorized employee of the Authority. The lien for the full amount of the charges and fees due to the Authority attaches to any aircraft owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen's Ii ens in Florida. It is unlawful for any person to remove or attempt to remove any such aircraft from such airport after notice of the lien has been served upon the owner or operator thereof or after posting of such written notice upon such aircraft. Any person who removes or attempts to remove any such aircraft from the airport after service or posting of the notice of the lien as herein provided, and before payment of the amount due to the Authority for fees or charges incurred by such aircraft, shall be guilty of a criminal offense and misdemeanor within the meaning of Section 775.08, Florida Statutes, and shall be punished as provided by law. SECTION SIX: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 2004-03, AS AMENDED, Section Eight of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION EIGHT. Annual workshop; budget and reports. A. The .^.uthority Executive Director shall schedule and conduct one (I) workshop with the Board Authority prior to submission of the /\utllority's Executive Director's tentative annual budget request. For each fiscal year the .'\utllority Executive Director shall prepare a tentative annual budget including revenues and expenses for the operation of the three airports during the ensuing fiscal year. The budget shall be transmitted to the County Manager for Authoritv and Board review and adoption on or before May I, or otherwise in accordance with the County's general budget policy or general law, whichever date is earliest. Each proposed budget shall include an estimate of all planned and contingent expenditures of the Authority for the ensuing fiscal year, plus an estimate of all income to the Authority from all sources for that fiscal year and shall include an update of the Authority's five-year strategic business plan. The Board shall consider the proposed budget item by item and may either approve the budget as proposed by the Authority, or modify the same in part or in whole. The budget of the Authority shall be adopted in the same manner provided, and the times established by law for the adoption of the budget by the County. The Authority shall be responsible for the implementation of the budget Page 7 of 12 Words underlined are added; Words ~ are deleted. as approved by the Board. The annual budget proposed by the Authority and approved by the Board should continuously implement the Authority's five-year master plan. B. By March 15th of each year, the Authority Executive Director shall submit to the board an annual report on its airport activities and operations for the preceding fiscal year, including an independent financial audit. C. For the December, March, June and September calendar quarters of each year, the /\uthority Executive Director, not later than forty - five (45) days following the end of each quarter, shall deliver to the Beaffi Authority a quarterly financial report including the status of grants and income from sub-leases, licenses, and other revenue producing items. SECTION SEVEN: AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 2004-03, AS AMENDED, Section Nine of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION NINE. Administrative Code. A. The Authority shall may adopt an Administrative Code by Resolution(s) that prescribes details regarding the powers, duties and functions of the officers of the Authority; the conduct of the business of the Authority; the maintenance of records and the form of other documents and records of the Authority. The Administrative Code and amendments thereto are Hot subject to approval of tile Board or of the County MaFlager. B. The Administrative Code shall organize the administration of the Authority and shall detail the duties, responsibilities, policies, rules and regulations of the Authority as delegated to the Authority by this Ordinance, by other ordinances, by rules and regulations of the Board, or by Special Act of the Legislature. C. The Administrative Code in existence as of the date of this Ordinance amendment is effective only to the extent that it is consistent with Collier County rules and regulations and this Ordinance. SECTION EIGHT: AMENDMENTS TO SECTION TEN OF ORDINANCE NO. 2004- 03, AS AMENDED. Section Ten of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION TEN. Executive Director. A. The Authority shall mav have an Executive Director to serve as the Authority's chief operating officer. The Executive Director shall be hired by an affirmative vote of the membership of the Authority subject to (i) the Board approving each searell for aR EJleeuti'.'e Director, (ii) tile Board approviflg the individual recommended to the Board for employment as Page 8 of 12 Words underlined are added; Words ,trHck threugh are deleted. ElCeeutiye Direetor, and (iii) tile Board approving tile proposed employmeRt agreement. Subject to the provisions of an Employment Agreement of the Executive Director, the Executive Director may be terminated, with or without cause, by an affirmative vote of the membership of the Authority. B. The Executive Director shall work under the direction of the Authority. C. The Executive Director shall be the chief operating officer of the Authority. All executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the Executive Director. D. The Executive Director shall: I. Be responsible for the administration, management and operation of the airports and airport facilities. 2. Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub-leases, leases, contracts, and all other documents which require consideration, action, or approval ofthe Authority. 3. Implement all lawful directives of the Authority. 4. Prepare annual budget and the annual report for approval of the Authority and the Board. 5. Recommend employment of, direct, supervise, and recommend personnel actions regarding Authority employees in accordance with the County's Human Resources Policies and Procedures, except to the extent those policies and procedures do not apply to the Authority as exempted by the Authority's Administrative Code. The Executive Director shall also direct and supervise professional service providers engaged by the Authority. 6. Carry out such other powers and duties as may lawfully be assigned by the Authority. E. The Executive Director shall be qualified by executive and administrative experience. Minimum qualifications for the Executive Director are to be specified in the Administrative Code. The compensation of the Executive Director as specified in the applicable employment agreement shall be set by the Authority in accordance with the budget approved by the Board, and in accordance with the County's Human Resources Policies and Procedures, except to the extent those policies and procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. Page 9 of 12 Words underlined are added; Words slrHol, thrsHgh are deleted. SECTION NINE: AMENDMENTS TO SECTION ELEVEN OF ORDINANCE NO, 2004-03, AS AMENDED. Section Eleven of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION ELEVEN. N on- Interference. Consistent with Ordinance No. 93-72. as amended (County Manager's Ordinance) and Ordinance No. 96-40. as amended (Collier County Personnel Ordinance),Mmembers of the Authority may communicate with employees, officers, agents under the direct or indirect supervision of the Executive Director, including professional service providers, for the purpose of inquiry or information. Except for purposes of inquiry or information, no member of the Authority shall give directions to or interfere with any employee, officer, agent, or with any professional services provider under any direct or indirect supervision of the Executive Director. SECTION TEN: AMENDMENTS TO SECTION FOURTEEN OF ORDINANCE NO, 2004-01, AS AMENDED, Section Fourteen of Ordinance No. 2004-01, as amended, is hereby amended as follows: SECTION FOURTEEN. Adoption of Rules and Regulations Previously Adopted By the Collier County Airport Authority. A. The Board of County Commissioners, pursuant to Section 332.08, Florida Statutes, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ("Authority"): I. The Collier County Airport Authority Rules and Regulations for General A viation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island Executive Airport, adopted by the Authority as revised on February I 1,2002 (I "7 pages) February 1.2002. 2. Tile Collier County .'\irport .^.utHarity MiRimum Standaras for Commercial and NOR COHlmercial .^.eroRautical .^.ctivities at tile Immokalee Regional .'\irport, adopted by the .^.uthority as revised Oil February 11,2002 (I7 pages). 3. Tile Collier County .^.irport .^.utllority Minimum Stafldards for Commereial and Non Commercial i\eronautieal .^.ctivities at the Everglades .^.irJlark, adopted by the .'\uthority as revised on February I 1,2002 (I7 pages). 1. Tile Collier County .^.irport .^.uthority MiRimum Standards for Commercial alld Non Commereial AeroRautieal .^.etivities at tile Marco Island Executive .^.irport, adopted by the Autllority as revised OR February I I, 2002 (17 pages). Page 10 of 12 Words underlined are added; Words ,(,"ok through are deleted. 2. Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports, as revised on November 14, 2005 ~ 1. The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on February I 1,2002 (12 pages) August 9, 2004. e 1. The Collier County Airport Authority Leasing Policy adopted by the Airport Authority as revised on February 11,2002, (19 pages). B. Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement of violations of such Rules and Regulations as a second degree misdemeanor) applies only to Rules and Regulations adopted by the Board. Future amendments to such Rules and Regulations may not be enforced as a misdemeanor pursuant to this Ordinance until each such respective future amendment(s) is/are adopted by the Board pursuant to Section 332.08, Florida Statutes, which may be by adoption of a Resolution of the Board subject to the four weeks public notice requirement. However, this limitation does not affect enforcement of any such future amendment(s) to any such Rule or Regulation exccpt when the amended Rule or Regulation is to be enforced as a misdemeanor. Violation of any such future amendment not yet then adopted by the Board may bc referred for enforccment to any Collier County cnforcement department and/or to any outside agency or entity, for enforcement by other means. C. Every violation of any such Board adopted Rule and/or Regulation shall be a separate violation of this Ordinance. Also, every individual who, while in the presence of a law enforcement officer, either refuses to immediately obey an oral order (instruction) to leave the airport, or to move his/her person to some othcr part of the airport, or who is then committing any violation of any such rule or regulation, or is committing a trespass anywhere in any secured area of an airport, such law enforcemcnt officer may arrest the violator without a warrant for any such violation(s), which Authority to arrest without a warrant is authorized by subsection 901.15(1), Florida Statutes. SECTION ELEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The proVISIOns of this Ordinance shall 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-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TWELVE: 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 Page 11 of 12 Words underlined are added: Words struok thrsugh are deleted. deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisC\-\'hlay of \-\o..'r':\r" ,2010. ATTEST: DWIGI:fl' E. Bj{OCi::~LERK :~\Vrsk1Lk ~1t.'Jt .to a..}~~ Clerk '1-atnOll:(,":" .' ... .... , , :....' 'I' Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By;t.,t t.-J. ( FRED W. COYLE, CH ~'?~U~~ Jennifer B. White Assistant County Attorney This ordinance filed with li'Je Secrwtory of State's Office the J.1:. day of 1.1.1 {]~.!oO end acknowledgement of that filing r.c.~ved !hi, ..J.L day of ~ '2-O{U ~~ Page 12 of 12 Words underlined are added; Words struek thrsHgh 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 2010-10 Which was adopted by the Board of County Commissioners on the 9th day of March, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of March, 2010, DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners :~(4~ Teres.a>Poiaski /''':';' '. 1 Deputy 1:::1e);'k