Ordinance 87-069 ORDINANCE NO. 87- 69
AN ORDINanCE CREATING THE LELY GOLF ESTATES
BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING
FOR APPOINTMENT AND COMPOSITION; SETTING FORTHs.
THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FRO--M
OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING'
/.~FOR OFFICERS, QUORUM, RULES OF PROCEDURE;
~'~_/PROVIDING FOR REIMBURSEMENT OF EXPENSES;
ETTING FORTH THE FUNCTIONS, POWERS AND DUTIES
'~ ,~F THE COMMITTEE; SETTING FORTH THE DUTIES OF
THE PUBLIC WORKS ADMINISTRATOR; PROVIDING FOR
REVIEW PROCESS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
County, Florida (hereinafter referred to as the "Board") on July
22, 1986, passed and duly adopted Ordinance No. 86-34 creating
the Lely Golf Estates Beautification Municipal Service Taxing
Unit (hereinafter referred to as the "Unit") for the purpose of
beautifying and maintaining median strips of streets and certain
other public areas lying within the Unit boundaries; and
WHEREAS, the Board adopted Resolution No. 86-118 on July 22,
1986, ordering and calling a referendum election of the qualified
electors of the Unit to be held on November 4, 1986 to approve
the levy of an ad valorem tax millage not to exceed one-quarter
(1/4) mill; and
WHEREAS, the referendum election was held on November 4,
1986, and the qualified electors approved the levy of ad valorem
taxes not to exceed one-quarter (1/4) mill for the purpose of
beautifying and maintaining median strips of streets and certain
other public areas lying within the Unit; and
WHEREAS, said Ordinance No. 86-34 provides that the Board
shall by ordinance designate an Advisory Coramittee composed of
residents from within the Unit with advisory authority in the
business affairs of the Unit and such other duties as may be
assigned from time to time by the Board of Governors of the Unit;
and
WHEREAS, Ordinance No. 86-41~ passed and adopted by the Board
on August 5, 1986, established standards for creation and review
of county boards.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COmmISSIONERS OF COLLIER COUN%~f, FLORIDA:
SECTION ONE. Creation of the Lely Golf Estates Beautification
Advisory Committee.
This Ordinahce is enacted pursuant to Ordinance No. 86-34
enacted by the Board of County Commissioners on July 22, 1986,
creating the Lely Golf Estates Beautification Municipal Service
Taxing Unit in Collier County, Florida, and providing for an
advisory group to advise the Board of County Commissioners in
matters pertaining to the Unit.
There is hereby created the Lely Golf Estates 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 residents of the Unit as described in
Ordinance No. 86-34, as amended.
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 Unit and electors
of Collier County.
C. Appointment '~f 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: ~. 4
A) Three (3) 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.
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.
A) Any member of the Committee may be removed from office
by a majority vote of the Board of County Commissioners.
2
B) If any member of the Committee fails to attend two (2)
consecutive Committee meetings without a satisfactory excuse or
if a member is absent from more than one-half of the Committee's
meetings in a given fiscal year, the Committee shall declare the
member's seat to be vacant and the vacancy shall be filled by the
Board of County Commissioners.
SECTION FIVE. Officers; Quorum; 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 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 written record of meetings,
resolutions, findings and 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 th~ Committee shall be
as follows:
A) To aid and assist the Board of County Commissioners in
carrying out the purpose of beautifying and maintaining the
median strips of streets and certain other public areas within
the Unit.
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,
the ComMittee shall, no later than April 1st of each year meet
with the Collier County Public Works Administrator or his
Designee and outline to the Administrator those projects which
the 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 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 Public Works Administrator to the Board
of County Commissioners for adoption in accordance with the
procedures for the adoDtion of budgets set forth under general
law and Board of County Commissioners' policy. Should the
Committee fail to approve a budget by June 1st of each year, the
County Manager shall be authorized to submit a proposed budget to
the Board of County Commissioners.
C) The Committee shall recommend work programs and
priorities to the County Public Works Administrator or his
Designee in accordance with the adopted budget or budget
amendments which may be adopted by the Board of County
Commissioners in accordance with law. The execution of work
programs shall be under the direct supervision and responsibility
of the Public Works 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
their operation and the operation of the Municipal Service Taxing
Unit, subject to approval by the Board of County commissioners.
SECTION EIGHT. Duties of the Public Works Administrator or His
Designee.
The duties of the Public Works Administrator or his Designee
shall be:
A) To administer the activities of the Municipal Service
Taxing Unit in accordance with established policies 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) Provide periodic written reports to the Committee, the
County Manager and the Board of County Commissioners on 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 with 1991, in accordance with the procedures contained
in Ordinance No. 86-41.
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 the
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. 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 AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this 8thday of September , 1987.
~,~ .... u ~ BOARD OF COUNTY COMMISSIONERS
..'.ATTEST? ~> . COLLIER COUNTY, FLORIDA
"'.~ '.:. Virg~.?agri, Deputy Clerk MAX A. ~HAS~E J~. ,/Chairma~
Approve'dxas to form and legal
s .~f..~.i...ofe ~ cy:
David C. Weigel~J
Assistant County Attorney
'~Is ordlnonce filed w~t~ t~e
Secretary of Stc~e's Office t~e
ond oc~ledgement ~f that
filing~ece~ved tC~ day
of ~, /~
STATE OF FLORIDA
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 87-69
which was adopted by the Board of County Commissioners on the 8th day
of September, 1987 during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 8th day of
September, 1987,
JAMES C. GILES'.'. ........
Clerk of .CO.'u'~is~.and
Ex-o f f ic io~"t~l:'Bo ~r d, of'-.
County C. o~'i:i~ i o n e r ~' '
By: Virgini% 3MagPi
Deputy' ~.2~,}j