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Ordinance 2002-52 ORDINANCE NO. 2002- 52 AN ORDINANCE CREATING THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH FCE~I'HE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING OR REIMBURSEMENT OF EXPENSES; SETTING FORTH HE FUNCTIONS, POWERS AND DUTIES OF THE OMMITTEE; SETTING FORTH THE DUTIES OF THE OUNTY ADMINISTRATOR OR HIS DESIGNEE; PROVIDING OR REVIEW PROCESS; PROVIDING FOR CONFLICT AND VERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 2001-55, as amended, sets forth the requirements for creating County Advisory Boards; and WHEREAS, Collier County Ordinance No. 92-40 created the Immokalee Beautification Municipal Service Taxing Unit in Collier County, Florida; and WHEREAS, the Board of County Commissioners desires to establish an advisory committee to advise the Board of County Commissioners on matters pertaining to the Immokalee Beautification Municipal Service Taxing Unit (MSTU). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: CREATION OF THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE. There is hereby created and established the Immokalee Beautification Aawso~-~ommlttee, hereinaaer referred to as "Committee". SECTION TWO: APPOINTMENT AND COMPOSITION. A. The Commiaee shall consist of five (5) members which generally repre~ the ~ea within the Immokalee Beautification Municipal Service Taxing Unit as said MSTU is described in Collier County Ordinance No. 92-40. B. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Four (4) members shall be permanent residents within the MSTU and electors of Collier County. One (1) member may be an owner of residential or commercial property within the MSTU or an appointed representative of a business located within the MSTU and elector of Collier County. An owner of residential or commercial property may be an ; individual, an officer of a corporation, or a partner of a partnership. C. Appointment of 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: A. Two (2) 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. C. One (1) member shall be appointed for a term of four (4) 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 with or without cause by a majority vote of the Board of County Commissioners. B. Attendance shall be governed by Ordinance No. 2001-55, as it may be amended t¥om time to time, or its successor ordinance. 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 re-election. 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 SlX: 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 the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the purposes of providing landscape beautification as set forth in Collier County Ordinance No. 92-40. 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 County Administrator or his designee and outline to the ' County Administrator or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Administrator or his designee shall prepare a proposed budget for the Municipal Service Taxing Unit, in accordance with the 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 County Administrator or his designee to the Board of County Commissioners for adoption in accordance with the procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1 st of each year, the County Administrator or his designee 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 Administrator or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County 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 its operation and the operation of the Municipal Service Taxing Unit, subject to approval by the Board of County Commissioners. SECTION EIGHT: DUTIES OF THE COUNTY ADMINISTRATOR OR HIS DESIGNEE. The duties of the County Administrator or his designee shall be: A. To administer the activities of the Municipal Service Taxing Unit in accordance with established polices 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. To provide periodic written reports to the Committee and the Board of County Commissioners of 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 in 2004 in accordance with the procedures contained in Collier County Ordinance No. 2001-55, as amended, or its successor ordinance. 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 this 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: 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 Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 4 SECTION TWELVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thi~y o~, 2002. Attest as to Chalnnan's signature onIj. Approved as to form and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAME(g~q. COLETTA, CHAIRMAN This ordinance filed with the Secretory of State's Office the °2~/, day of ~., ZOO'2 and acknowledgement of that filinfl received this ~ ~y HFA/kn:h;public;kay;ord STATE OF FLORIDA) COLTNTY 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 copy of: ORDINANCE NO. 2002-52 Which was adopted by the Board of County Commissioners on the 22nd day of October, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of October, 2002. DWIGHT E. BROCK Clerk of Courts and Ex-officio to Board Cou~t~ Comm~sszo~ers-. By: Ellie Hof fman, Deputy Clerk