Ordinance 2002-62 ORDINANCE NO. 2002- 6.2
AN ORDINANCE AMENDING COLLIER COUNTY
iORDINANCE NO. 2001-76, AS AMENDED, WHICH
CREATED THE LIVINGSTON ROAD PHASE II
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT;
PRO.VIDING FOR AMENDMENT TO SECTION SIX TO
INCREASE THE NUMBER OF MEMBERS WHO SERVE ON
THE'. ADVISORY COMMITTEE FROM FIVE TO NINE;
PROVIDING FOR AMENDMENT TO SECTION SIX TO
LIMIT MEMBERSIP ON THE ADVISORY COMMITTEE T0~!
THREE MEMBERS FROM EACH SUBDIVISION OR2
COMMUNITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; PROVIDING FOgi'
CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE. '~
WHEREAS, on December 11, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-76 which created the Livingston Road Phase II Beautification Municipal
Service Taxing District; and
WHEREAS, on March 26, 2002, the Board of County Commissioners adopted Ordinance
No. 2002-14 to amend Section Six of Ordinance No. 2001-76 to allow property owners and
appointed representatives of property owners to serve on the Advisory Committee; and
WHEREAS, the Board of County Commissioners desires to increase the membership of the
Advisory Committee from five (5) members to nine (9) members.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLOR]DA that:
SECTION ONE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2001-76, AS
AMENDED.
Section Six is amended to read as follows:
SECTION SIX:
CREATION OF THE LIVINGSTON ROAD
BEAUTIFICATION ADVISORY COMMITTEE;
AND COMPOSITION
PHASE
APPOINTMENT
A. There is hereby created and established the Livingston Road - Phase I1 Beautification
Advisory Committee, hereinafter referred to as the "Committee".
Bo
The Committee shall consist of ~ n. ine (9) members that generally represent the
area within the MSTU. Members of the Committee shall be appointed by and serve
at the pleasure of the 'Board of County Commissioners. Said members shall be
........ ~ ~ pop ty
r ............ rog entg, r er owners ^r .... :~*~ ........ ,.~- ..... ~, ~
~ within the MSTU and electors of Collier County. The Board of County
Commissioners shah consider appointment of members from different subdivisions
1
Words Underlined are added; Words ~:'~cl: T~m~g~ are deleted.
or communities within the MSTU. No more than three (3) members shall serve on
the Advisory Committee from each subdivision or community, unless there are no
other applicants to fill a vacancy.
Co
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.
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 TWO: 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 re-
lettered to accomplish such, and the word "ordinance" may be changed to "section,".
or any other appropriate word.
SECTION THREE: 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 _h?lding shall not affect the validity of the
remaining portion.
:
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners. of Collier
County, Florida, this {q4h day of Nov bac, 2002.
BOARD OF COUNTY.COMMISSIONERS OF
co .m, co ,
By:.~~
JAMES N. COLETTA, CHAIRMAN
il-lq-oz.
Approved as to form and
legal sufficiency:
He~i-F,~shon"
Assistant County Attorney
2
This ordinance filed with the
Secretary of ,State's Office the
~ day of ,~1~, 2.00.2.. ,
and acknowl~dge~en~ of that
fili.ng received th~s , lO~ day
of
By~ ~
- DepuW ¢ler~ ' '
Words Underlined are added; Words £tr'.:ck Through are deleted.
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 copy of:
ORDINANCE NO. 2002-62
Which was adopted by the Board of County Commissioners on
the 19th day of November, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st day
of November, 2002.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County~ C.C~.~i s s lone rs
Byc~. Pb~c.~ ~ :Morgan,
Maureen A. Kenyon
From:
Sent:
To:
Cc:
Subject:
Ashton, Heidi
Monday, December 16, 2002 10:09 AM
Petersen, Bob
Kant, Ed; Weigel, David; Maureen A. Kenyon
Liv Rd II MSTU
Zoo:Z-
Bob,
You need to be aware the there are problems with the Ord. that was adopted
on Nov. 19, 2002. The clerk dropped the ordinance in the internal mail
system on Nov. 21. We received notification that it was filed with the
secretary of state on Dec. 2. The filing does not meet the 10 days we have
between adoption and filing per statute. This means that the ordinance is
not recognized as having been adopted. We called the Secretary of State to
determine if anything could be done since the delay occurred through the
mail system, and I was told no. David weigel will be talking to Ms.
Lenanne, Esq. and I will advise you of his determination.
I learned from our mail department that certified mail takes two days to go
out unless it is flagged as a priority item.
Heidi