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Ordinance 88-029OFd)INANGE NO. 88- 2q ;'~m~[N ORDINANCE CREATING THE WIGGINS PASS AREA ~VIS0~Y .i.o~0~I~EE; PROVIDING FOR APPOIN~NT ~ C0~OSITI0~;. . · P~E~ING FOR~ ~E TE~S OF OFFICE; PROVIDING FOR ~0VAL . ~ROM OFFICE, FAILURE TO A~E~ ~ETINGS; PROVIDING FOR .~FICERS, QUOE~, g~ES OF P~OCEDURE; PROVIDING :~EI~S~NT OF E~ENSES; SETTING FORTH ~E ~I{CTIONS, PO~S A~ DUTIES OF THE ~VlSORY BO~; SETTING FOR~ THE DUTIES OF THE COLLIER C0~ PUBLIC WO~S ~HINIST~TO~; PgOVIDING F0~ ~VIEW; PROVIDING FOg CONFLICT ~D SEVE~BILI~; P~OVIDING FO~ ~ EFFECTIVE DATE. Collier County Ordinance No. 87-96 creating the Wiggins Pass Aras Hunicipal Service Tax Unit for the purpose of maintenance dredging of the Wiggins Pass and other channel areas within the Unit's bound~ries as may be recommended by the Advisory Co~ittee and approved by the Board of County Comissioners and to do all things reasonably necessary in connection therewith within the boundaries o[ the Unit; and ~rgEKEA$, pursuant to Ordinance No. 87-96 Section Three, the Board County Co~missioners shall by Ordiuanc~, authoriz~ tL~ creation o[ an Advisory Co~ittee to bs c~pos~d o~ residents who ar~ electors [rom ~ithin ~ith adviso~ authority to assist In conducting ~h~ business affairs Unit and such other duties o[ th~ Unit as may be assigned fr~ t~a ~o t~e by the Board of County Co~iasioners; and ~E~S~ County Ordinance No. 86-~I established standards ~or creation and review of County advisory boardsl and ~E~S~ th~ Board of County Co=issionirs desires the rec~endations aM advic~ of an advisory board regarding the maintenance dredging of Pass and other channel ar~as within th~ NO~ ~E~FO~ BE IT ~SOLVED BY ~g BO~ OF CO~ CO~ISSIO~ OF COLLIER CO~ ~ORIDA, that: SECTION 0~: Creation of tht ~i~ins Pass Area Advisot~ ~ia Ordinanc~ is enacted pursuant =o Ordtnan=~ No. 86-&1 and Ordi~nce No. 87-96 cron=lng ~h~ ~i~gl~s Pass Area Advisory Co~lt~a~ SECTION ~O= Appointm~nc and Co~positiou. ~e Co=ittee shall consist of five (5) members which representation shall co~sist ~e (1) member se~in~ ~ith, belonging to, and reco~ended appointment by the Co~a~der of the: I. U.S. Coast Guard Auxiliary - Flotilla ~I~EREAS, the Board of County Co~missioners~ on November 24, 1987 adopted and, one (1) member from the gsneral Area '~" sho~n on Exhibit 'A" included in chis Ordinance. aod cvo (2) members from the leneral Area "B" sho~n on Exhibi~ "l" included ia this Ordinance. and, one (I) member from the general Area "C" sho~n on Exhibit "A" included in this Ordinance. Members of the Co=it~ee shall be appointed by and serve ac cha pleasure of ~he Board of County Co=isalonars. Each member shall be a resident and elector of the Wiggins Pass Area Municipal Service Taxing UniC (hereinafter referred to aa "Unit"). Appointment o~ members to the Committee s~all be by resolution o~ Board of County Co~issione~s, which resolution shall sec appointment, ~he ~e~ of office and applicable Flotilla or general Area in which the member would represent. SECTION ~REE: Te~s o~ Office. The ~i~ial te~ of office of ~he C~ic~ee members shall be as Member appoin~ed f~om ~he U.S. Coast Guard A~ilia~ - Florals ~96 fo~ a ~em of three (3) years. Member appointed ~om general Area "A" for a Ce~ of three (3) years. ~mbers appointed f~om general Area "B" ~or a ~e'm of ~wo (2) years. Member appointed from general Area "C" ~or a ~e~ of one (1) year. ~erea~ar~ each appoin~men~ or reappoin~menc shall be for a ~e~ of four (l) years. Should a vacancy occur, ~bac vacancy shall stain repr~sen~ ~he Flocilla's ~96 seac or A~ea sea~ on ~he Co~ic~ee and said vacancy appoin~en~ shall ba ~illed upon publication of a vacancy no,ice in a publication of seneral circulation within Collier County and posted in ~he County Libraries and County Courthouse. Ail res~es received by ~he Board of County C~ssioners shall be fo~arded co ~ha Co~i~cae Chai~ for his review and discussion vi~h o~her Co~i~ea members. Af~er due consideration ~ha C~iC~ee Cbai~n shall reco~snd Co ~ha ~oar~ of County Co~issioners a qualified individual ~o fill the vacan~ seat. Appointments ~o fill any vacancies on ~ha Co~i~ee shall be for ~he reminder of the unexpired ~a~ of o~fice. Should a member resign prio~ ~o ~he completion of ~his ~e~ of office~ tha~ mambe~ should advise, in ~icing~ the Co~iccee Chai~n a~ ~he Board County C~ssioners. SECTION FOUR: Removal From Office{ Failure to Attend Meetin~s. Any member of the Committee may be removed from office by a majority vote of the Board of County Commissioners. If any member of the Committee fails to attend three (3) consecutive Committee meetings without a satisfactory excuse, or if a member is absent for more than one-third (i/3) of the Committee's meetings in a given calendar year, the Committee shall declare the member's seat to be vacant and the vacancy shall be filled in accordance with this ordinance and/or by the Board of County Commissioners. SECTION FIVE: Officers' quorumI Rules of Procedure. A) At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among ~he members. Officers' terms shall be for one (1) year, with eligibility for reelection. 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 wTitten record of meetings, resolutions, findings and determinations. Copies of all Committ~e minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. SECTION SlX: ~ompensation. Members of the Committee shall serve without compensation, but may be entitled to receive reimbursement for expenses reasonably incurred in the .porformance 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 the Unit as set forth in County Ordinance No. 87-96. 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 Committee for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April 1st of each year meet with the County Public Works Administrator or his Designee and outline to the Administrator those projects which Committee wishes to see accomplished during the next fiscal year. Based upon this information the Administrator or his Designee shall prepare a proposed budget for the Unit, in accordance with standard Co~n~cy.~uidalin~s rsgarding_.the prepa~a}ion of budgets. This proposed budget shall then ba reviewed by the Co~ittea and upon approval by thc Co~n~ittes be transmitted through the Public Works Administrator to the Board of County Commissioners for adoption in accordance with thc procedures for the adoption of budgets set forth under general law and Board of County Co~nnisalonars' policy. Should the Commi:tes fail to approvs a budget by ~ay lac of each year, the County Hanager shall be authorized Co submit a proposed budse~ to th~ Board of County Comissiouers. C) ~s Conittes ~y adopt and ~end "Guidelines" ~o govern Chair opera~ion and ~he opera:ion of the Unit, hog,vi:, such tuideltnes shall no: be inconsisten~ ~th this Ordinanc~, Ordinance No~-86-i1, or ~he Ordina~ca No. 8~-96 es~ablishinl ~he Unit, and shall be sub~ect ~o approval by thc Board of County Co~isalon~rs. D) Th~ Co~c~ea shall raco~end ~ork protr~ a~d prio:i:i~s ~o th~ County Public ~o~ka Administrator ia accordance ~ith th~ adopted budget or budget ~tndm~nta ~hich ~y be adopted by ~he Board of County Coniasiou~ra in accordance with lay. ~e ~xecution of york prosr~ shall b~ unde~ the dirtcC aupe~ision and responsibili~y of Cha Public ~orks Adminis~ra~o~ o~ his Desires. Said york may be parroted under contract (ia accordance ~i~h la~) or by County forces. SECTION ~I~T: p~tes o~ the Counc~ Pub1!9 ~prks Administra~or. ~ duties oi thc County Public ~orks Adminis~raCor shall be: A) To administer ~hi ac~ivi~ies of ~h~ Uni~ in accordance vi~h es~ablished policies of thc Board of County Conissioners, and ~uidelines adopted by ~h~ C~t~ee. To prepays ~he a~ual budget in accordance with Section 7, Paragraph B) B, above. c) Provide periodic ~ritten reports to the Committee, the County ~anagsr and thc Board of County Commissiiners on tbs activities of thc Unit and its financss. D) Attend all Committee meecints. SECTION NINE: Review Process. This Co,unlaCes shall be reviewed once every four (l) years commencing with 1992, in accordance with the procedures contained in Ordinince No. 86-ti. ~CTION TEN: Conflict and Ssverabilit¥. In the event this Ordinance conflicts vith any other ordinance of Collier Count~ or other applicable law, the more restrictive shall apply. If any phraas or portion of this Ordinance is held invalid or unconstitutional by any court of co-patent ]urisdiction, such portion shall be deemed a separate, distinct and independent provision of such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. '. PASSED Ah'D DULY ADOPTED by the Board of County Co~-~issioners on this 1st day of Hatch , 1988. ~O .... :~ ~. ~ . A~ST: : ~" BO~ OF CO~ CO~ISSIONERS J ".J~S C.: GILES~-Ci,rk COLLIER CO~, ~ORIDA Approved as to form and legal sufficiency: . ~r~--~sn~eth S. Curler /] Collier County Attdl~ey AI~OLD LEE GLASS, Chairman "rials ordinance filed wlth the Sec.retary of State's Offi~j~ and acknowledgement, Ef that flllna received this_ ~ day o STATE OF ~LORIDA COUNTY OF COLLIER ) I, JAMES C. GILES, 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. 88-29 which was adopted by the Board of County Commissioners on the 1st day of March, 1988, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of March, 1988, JAMES C GILES """'<~' Clerk of Courts and Clerk~ '"~, Ex-officio to Board of ~J '~ ; County.. Commissioners :~ By: Virginia Magri ,~..~.~,.. ...... -.~.~, Deputy Clerk ,.,,..'., v.. · ·., . :~.