Ordinance 2013-19 l5 lV L7 u u '
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By
ORDINANCE NO. 2013 - 1 g
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-27,
AS AMENDED, WHICH CREATED THE PELICAN BAY MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT, BY AMENDING SECTION
FOUR, PURPOSE; POWERS; SECTION SEVEN, CREATION OF THE
PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
ADVISORY COMMITTEE KNOWN AS THE PELICAN BAY SERVICES
DIVISION BOARD; SECTION EIGHT, COMPOSITION, NOMINATION
AND APPOINTMENT; AND SECTION ELEVEN, OFFICERS; QUORUM;
RULES OF PROCEDURE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE _ .,
DATE.
WHEREAS, on May 28, 2002, the Board of County Commissioners (Board), adapted
Ordinance No 2002-27, which superseded, repealed, and consolidated prior ordinances rehing
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to the Pelican Bay Municipal Service Taxing and Benefit Unit("Unit"); and { - -
WHEREAS, the Board subsequently amended Ordinance No. 2002-27 L5y,.adapting
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Ordinance No. 2006-05 and Ordinance No. 2009-05; and
WHEREAS, the Board desires to further amend Ordinance No. 2002-27, as amended, in
order to clarify that the Unit will be solely responsible for advising the County on dredging and
maintaining Clam Pass for the purpose of enhancing the health of the affected mangrove forest
and will manage such activities for the County; to add a non-voting member recommended by
the Pelican Bay Foundation; and to create a system of rotating officers for the Unit.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2002-27,
AS AMENDED.
Section Four is hereby amended as follows:
SECTION FOUR: Purpose; powers.
The Unit is formed for the purpose of providing street lighting, water management,
ambient noise management, extraordinary law enforcement service and beautification, including
but not limited to beautification of recreation facilities, sidewalk, street and median areas,
identification markers, the maintenance of conservation or preserve areas including the
restoration of the mangrove forest preserve and to finance the landscaping beautification of only
Words Underlined are added; Words Stfttek—Threugh are deleted.
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that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road in the above-described
taxing and benefit unit and to that end shall possess all the powers to do all things reasonably
necessary to provide such services. The Unit will be solely responsible for advising the County
on dredging and maintaining Clam Pass for the purpose of enhancing the health of the affected
mangrove forest, and will manage such activities for the County.
SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO.
2002-27,AS AMENDED.
Section Seven is hereby amended as follows:
SECTION SEVEN: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit
Advisory Committee Known as the Pelican Bay Services Division Board.
Concurrent with the passage of the Ordinance, an 11 member advisory committee to be
known as the Pelican Bay Services Division Board (PBSD Board) is hereby created. Those
individuals who are members of the PBSD Board pursuant to Collier County Ordinance No. 90-
111, as amended, as of the moment prior to the effective date of this Ordinance, shall continue on
as members of the PBSD Board until March 31st of the year in which their term would have
expired as set forth in the prior ordinances, and shall continue to hold over and serve in that
capacity until their position is filled as provided for in this Ordinance. In addition, there shall be
1 non-voting member nominated by the Pelican Bay Foundation in the manner set forth below.
This non-voting member shall not be subject to the voting requirements set forth below.
SECTION THREE: AMENDMENT TO SECTION EIGHT OF ORDINANCE NO.
2002-27,AS AMENDED.
Section Eight is hereby amended as follows:
SECTION EIGHT: Composition, nomination and appointment.
A) The PBSD Board shall be representative of the residential, business and
commercial interests and landowners in Pelican Bay. To that end, nine of the PBSD Board
members shall be representative of the residential interests within the Unit and two of the PBSD
Board members shall be representative of the commercial and business interests within the Unit.
The non-voting member shall be recommended for appointment by the Pelican Bay Foundation.
The non-voting member should be an individual who is not related to and who is independent of
the other Board members and County employees, with no apparent conflict of interest or
appearance of impropriety.
Members of the PBSD Board shall be appointed by and serve at the pleasure of the Board
of County Commissioners pursuant to the procedure outlined herein. The nine (9) PBSD Board
members representative of the residential interests within the Unit, and the non-voting member
recommended for appointment by the Pelican Bay Foundation, shall be residents of and qualified
Words Underlined are added; Words StrtelE-ThFaugh are deleted.
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electors within the Unit. The two PBSD Board members representative of the
commercial/business/other interests shall be residents of and qualified electors in Collier County.
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SECTION FOUR: AMENDMENT TO SECTION ELEVEN OF ORDINANCE NO.
2002-27,AS AMENDED.
Section Eleven is hereby amended as follows:
SECTION ELEVEN: Officers; quorum; rules of procedure.
A) At its earliest opportunity, the membership of the PBSD Board shall elect a
chairman and vice chairs from among the those members willing to serve. Officers' terms shall
be for one year, with no eligibility for re-election. Officers' terms are to be on a rotating basis.
Immediately following the election of a new Board, a new chair and vice-chair shall be elected.
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SECTION FIVE: 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 SIX: 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 SEVEN: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Words Underlined are added;Words Lek-Thteugh are deleted.
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1f\1 1r 15 II IVI I� InR
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County, Florida, thisZZriay of5oorxlcks"-\ , 2013.
ATTEST:7y, BOARD ' COUNTY COMMISSIONERS
-,DWIOHT.E43ROCK, Clerk COLLI • 0 J TY, F' ORIDA
By- �.� By
dattfigiocierk GE 1 '- IWA A 'ILLER, ESQ.
`° ` CH• RWOMAN
,tinatirre M
Approved as to form and
lega su i iency:
Jeffr; '' . ' latzkow
Coun y • ttorney
This ordinance filed with the
Secretary of 'atR;s Of ice tize
` 'day
and ocknowledgemenjnof�,that
film received is -3 -1-� delay
of ----•
By Deputy Clerk
Words Underlined are added; Words Struek—Through are deleted.
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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 2013-19
which was adopted by the Board of County Commissioners
on the 22nd day of January, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of January, 2013 .
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
y: Teresa Canno7-1.;.,
Deputy Clerks ` j
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