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Ordinance 2010-44 ~3031-1< (\'rU' .r),'.;j~~4'it, \TV6' ~ ~~ ~ -<i'~ '. ~ ~</" (p", ~/ K ,~~~ I,: : ~;J:'" <('<'0 '<<"'A ~ :~. ~~ . ,. " 0 ORDINANCE NO. 2010 - .!L ~~;i;-,. ,0 V ~ '; ~j (!j). ::; J'J;'''>' . ~ ~ RDINANCE OF THE BOARD OF COUNTY COMMISSIO~ f"' 80 ~~oc": . . COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE ~u~ ~ 6l8Lll9\c;\ 2-60, AS AMENDED (THE COLLIER COUNTY TOURISt%>~' DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION "-</ THREE - USES OF TAX REVENUES, IN ORDER TO REALLOCATE $1,000,000 OF THE ANNUAL FUNDS SET ASIDE FOR CATEGORY "A" BEACH PARK FACILITIES FUND 183 FOR TOURISM DESTINATION MARKETING FOR A PERIOD OF ONE YEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy ofa local option tourist development tax by any county; and WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted Ordinance No. 92-60, which levied and imposed a 2% tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and WHEREAS, through adoption of Ordinance No. 95-56 and Ordinance No. 2005-43, the Board levied an additional3rd and 4th percent tourist development tax; and WHEREAS, on November 10, 2009, the Board adopted Ordinance No. 2009-58 which for a period of one year, or until November 10, 2010, reallocated certain tourist development tax revenues for use in tourism destination marketing; and WHEREAS, the Board, by an extraordinary vote, desires to again amend the uses of tax revenue and the tourist development plan for a single year only; and WHEREAS, the proposed amendments were presented to and approved by the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92-60, AS AMENDED. Section Three is hereby amended by adding a new subsection (a)(6) to read as follows: Words Underlined are added; Words Struel( Thre\lgfl are deleted. Page lof3 Section Three - Uses of Tax Revenues. a) The tax revenues received pursuant to this division shall be used to fund the county tourist development plan, which is hereby amended as follows: ************** (6) The sum of $1.000.000 annually allocated for Category "A" - Beach Park Facilities Fund 183 shall be reallocated to Fund 184 to be used for destination marketing for a period of one year from enactment of this amendment. at which time this provision will expire and be of no further force or effect unless further extended bv the Board of County Commissioners. t6)ill The above and foregoing tourist development plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. SECTION TWO: 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 THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Words Underlined are added; Words Stmek Throl:lgh are deleted. Page 2 of3 PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this \4~ay of~'rn~, 2010. " ,'\~ . :. '?,~:~:.' }:. ATTEST;/" " , ,'--- ..~ ~"- --..;; - DWIGHt B,\~~P~APL~RK ;: c,.' .- I i ~ -~ '~ " ; ;.,~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: * A , .......,. 01;,. '-J \ " ~D') (', i I By: / 1.~ f... l A . ''''', \'!~~ FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: ~Vn~_ Colleen M. Greene Assistant County Attorney Thll5n!Jna;;e;-fU.a Wf"'-lf;e ~~:~~D and oc:knowledgemeRt ..u.thot ~.~-&Y . J~y, ~ ..... Words Underlined are added; Words Stmek Through. are deleted. Page 3 of3 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 2010-44 Which was adopted by the Board of County Commissioners on the 14th day of December, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of December, 2010. DWIGHT E. BROCK Clerk of Courts. ~n~:. C~~~~ Ex-officio to ,Board 6f..~(),) : :.""l.,.',' tY County Comrnis.rriQQ.er:;t_;. .....; "'. ," ~ .. t;\:~i,\~?~i J.. " '. Q~'<!i " ..,)~. . ' ',' ,;;" ',' '" . . ,: ::,:,/' By: Ann ennejohh7~1'~ Deputy Clerk .