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Ordinance 2003-12 ORDINANCE NO. 2003-__.1.2_ ~ AN ORDINANCE AMENDING COLLIER COUNT~s~i: ~:~ ORDINANCE NO. 2001-76, AS AMENDED, WHICI~? CREATED THE LIVINGSTON ROAD PHASE 1~ BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT~ PROVIDING FOR AMENDMENT TO SECTION SIX TO~ '~' INCREASE THE NUMBER OF MEMBERS WHO SERVE ON~Sr~ THE ADVISORY COMMITTEE FROM FIVE TO SEVEN? PROVIDING FOR AMENDMENT TO SECTION SIX TO LIMIT MEMBERSHIP ON THE ADVISORY COMMITTEE TO THREE MEMBERS FROM EACH OF THE KENSINGTON AND WYNDEMERE DEVELOPMENTS AND ONE MEMBER OUTSIDE OF THESE DEVELOPMENTS; PROVIDING FOR .... AMENDMENT TO EXHIBIT A TO DELETE GREY OAKS DEVELOPMENT FROM THE BOUNDARIES OF THE DISTRICT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR 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 (the "MSTU"); 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 seven (7) members; and WHEREAS, the Board of County Commissioners also desires to remove Grey Oaks Development from the boundaries of this MSTU. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION SlX 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 H APPOINTMENT There is hereby created and established the Livingston Road - Phase 11 Beautification Advisory Committee, hereinafter referred to as the "Committee". Words Underlined 1 are added; Words ~tn:cm.z Through are deleted. The Committee shall consist of ~ seven.' (7) 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 ........ ts, prope owners or ~ within the MSTU and electors of Collier County. The Board of County Commissioners shall consider appointment of members from different subdivisions or communities within the MSTU. No more than three (3) members shall serve on the Advisory Committee from each of the Kensington and Wyndemere development.~ and one (1) member from property outside of these developments, unless there are no other applicants to fill a vacancy. 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: AMENDMENT TO EXHIBIT A TO ORDINANCE NO. 2001-76, AS AMENDED. Exhibit A attached to Ordinance No. 2001-76, as amended, is deleted in its entirety and Exhibit A, attached to this Ordinance and incorporated herein, is substituted in its place. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Thc 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 thc word "ordinance" may be changed to "section," or any other appropriate word. SECTION FOUR: 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 FIVE: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. 2 Words Underlined are added; Words e,_.~,. -,-,~ ..... h ............. e., are deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ~ 2003. DATED: . .~.,~,. ATTEST! DWlGHT]E:'~Oc~, Clerk Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COl J,IER CO~Y, ~)ID_A TOM HENNING, Chairman This ordinance filed with tv,.' Secretory of State's Office th~> ~ day of ~l;l~f.J~, ~ and acknowledgement ~f that filina received this ~ day 3 Words Underlined are added; Words ~ are deleted. TRANSPORTATION ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES. FLORIDA 34112 (239) 659-5773 SKETCH OF DESCRIPTION NOT A SURVEY LIVINGSTON ROAD M.S.T.U. II BEGIN AT THE POINT OF INTERSECTION OF THE CENTERLINE OF GOLDEN GATE PARKWAY AND TI IE EAST RIGHT OF WAY LINE OF AIRPORT ROAD (C.R. 31); THENCE NORTHERLY ALONG SAIl) LAS! ERI.Y RIGtlI' OF WAY LINE OF AIRPORT ROAD TO TI4E SOUTHWEST CORNER OF SECTION 13, TOWNStlIP 49 SOU'IH, RANGE 25 EAST; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 13 TO TttE SOtJ'I'HWEST CORNER OF THE PLAT OF 'KENSINGTON", PHASE FOUR, AS RECORDED IN PLAT BOOK 30, PAGES 42-45; ~ I tENCE NORTHERLY ALONG THE WEST LINE OF KENSINGTON PHASE FOUR AND PHASE ONE I'O TI IE SOUrltWEST CORNER OF TRACT 2, KENSINGTON PHASE ONE; THENCE WESTERLY ALONG TIlE SOUTH LINES OF LOTS 7,8,5,4,3,2, BLOCK 'D" -I'O THE WEST LINE OF SAID PLAT OF KENSINGTON PHASE ONE; THENCE NORTHERLY ALONG SAID WEST LINE TO THE SOUTH RIGtlT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) THENCE EASTERLY TO THE NORTHEAST CORNER OF AFORESAID SECTION 13; THENCE CONTINUE ALONG SAID SOI. JTH RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF SAID SECTION 18; '[tlENCE EASTERLY ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF '10 'IHE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTHERLY ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER NORTHWEST QUARTER; THENCE EASTERLY ALONG SAID NORTH LINE OF THE SOUTH HALF OF '[HE SOUTHEAST OUARIER OF 'IHE NORIHWEST QUARTER OF THE NORTHEAST QUARTER TO THE NORTH.SOUTH QUARTER SEC1 ION LINE; THENCE SOl. I IHERLY ALONG 'IHE NORTH-SOUTH QUARTER SECTION LINE TO THE NORTti LINE OF SEC, lION 19, IOWNSI lip 49 sou] H, IIAN(.~I~ 26 EAST, COLLIER COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID NORIII LINE OI; SECIION 19 'I(.) IIIE WEST RIGHT OF WAY LINE OF INTERSTATE 75; THENCE SOtJTHERLY ALONG SAID WEST RIG! IT OF WAY LINE OF INTERSTATE 75 TO THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE WES I ERLY ALONG SAID SOUTH LINE OF SECTION 19 TO THE CENTERLINE OF LIVINGSTON ROAD (C.R. 881); THENCE SOUi'HERLY ALONG SAID CENTERLINE OF LIVINGSTON ROAD TO THE CEN rERLINE OF GOLDEN GA] E PARKWAY; I HENCE WESTERLY ALONG SAID CENTERLINEOF GOLDEN GATE PARKWAY TO THE EAST RIGHT OF WAY LINE OF AIRPORT ROAD AND TO THE POINT OF BEGINNING~ LESS AND EXCEPT ALi. LANDS OF "GREY OAKS" LYING IN SECTIONS 24 AND 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION PREPARED BY: 5) RGE. = RANGE ................ COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 2685 HORSESHOE DRIVE SOUTH 8) NOT VALID UNLESS SIGNED AND SEALED WITlt TIlE NAPLES, FLORIDA 34104 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR ~)RAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE SHEET I OF 1 TRANSPORTATION ENGINEERING 33Ol EAST TAMIAMI TRAIL NAPLES, (941) 774--8192 DEPARTMENT FLORIDA 34112 W E SCALE - FEET 0 1200 2400 SKETCH OF NOT A DESCRIPTION SURVEY q~.. 24. 19 I GA~ !,ARKWAY LIVINGSTON ROAD +1565 ACRES M.S.T.U. II. TOD PLOT DATE 02/06/0.~ (ro)44ogsumbol) 200~_20hDWG 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: ORDINAi~CE NO. 2003-12 Which was adopted by the Board of County Commissioners on the 25th day of March, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day Of March, 2003. DWIGHT E. BROCK ~.,~, ~ ~ Clerk of Court,s~n~.'~rk-n~ Ex-officio to B~a~d~,~ .. County Com~fs~.ner~.'~ By: ~ar~e CIo~,,~'i, c,,,'~' Deputy Cle~~'~ ~