Ordinance 2013-61 ORDINANCE NO. 2013 -61
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 AND POWERS, TO CLARIFY THAT BEACH
RENOURISHMENT IS ONE OF THE PURPOSES OF THE UNIT;
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), adopted
Ordinance No. 2002-27, which superseded, repealed, and consolidated prior ordinances relating
to the Pelican Bay Municipal Service Taxing and Benefit Unit ("Unit"); and
WHEREAS, the Board subsequently amended Ordinance No. 2002-27 by adopting
Ordinance No. 2006-05, Ordinance No. 2009-05, and Ordinance 2013-19; and
WHEREAS, the Board desires to further amend Ordinance No. 2002-27, as amended, in
order to clarify that beach renourishment is one of the purposes of 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, beach
renourishment, 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 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.
Words Underlined are added: Words eug#h are deleted.
Page I of 2
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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this.221-, day ofOc-o\e),r— , 2013.
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ATTEST: , ; ,,,,.. BOARD OF OUNT"( COMMISSIONERS
DWIGHFE: BR€i, CIerk COLLI'ERC• TY, FLORIDA
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By k,® �A∎ir By
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Attest as to Chaifln n s CHA • W• AN
sig ature` Ow ,
App .v 4t j'and legality:
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Jeffreys A. atzkow
County A orney This ordinance filed with the
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Secretary of State' Of
day of , Q .1
and acknow!ed zernent of that
filing re eived this , day
of
Words Underlined are added; Words Eck-Threes are deleted.
Page 2 of 2
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
October 29, 2013
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2013-61, which was filed in this office on October 29,
2013.
Sincerely,
Liz Cloud
Program Administrator
LC/elr
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us