Agenda 11/12/2013 Item #16B1� EXECUTIVE SUMMARY
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11/12/2013 16. B.1.
Request for authorization to advertise for future consideration an ordinance amending
Ordinance No. 97-82, as amended, which created the Bayshore Beautification Municipal
Service Taxing Unit, so as to allow for additional right -of -way improvements.
OBJECTIVE: To obtain the Board of County Commissioners (Board's) authorization to
advertise an ordinance amending Ordinance No. 97 -82, as amended, which will expand the
purpose of the Bayshore Beautification Municipal Service Taxing Unit.
CONSIDERATIONS: On December 16, 1997, the Board adopted Ordinance No. 97 -82, which
created what is now known as the Bayshore Beautification Municipal Services Taxing Unit
(MSTU). Section Three of Ordinance No. 97 -82, as subsequently amended, outlines the purpose
for which the MSTU was created.
At its October 2, 2013 meeting, the Bayshore Beautification MSTU Advisory Committee
recommended revisions to Section Three to allow for additional improvements to the
rights -of -way within the MSTU. The proposed revisions are as follows:
SECTION THREE. Purpose and Governing Body.
The MSTU is created for the purpose of:
1) Providing curbing, watering facilities, plantings and maintenance of the
fnedian rs*s rights -of -way of roadways within the MSTU; and
2) providing traffic calming improvements, street and pedestrian lighting, eFA
sidewalks, driveways and drains a improvements where a health/safety /welfare
issue exists or are associated with a beautification project within the MSTU; and
21 identifying the Bayshore community to include directional and way finding
signs, street furniture and associated amenities (benches, trash cans, bicycle racks,
informational kiosks. etc.) within the MSTU: and
41 pedestrian and bicycle mobility improvements (multi -modal pathways,
boardwalks, scenic pathways, nature walks, enhanced bicycle lanes, enhanced
crosswalks and pedestrian bridges associated with such projects: and
3) beautification and maintenance of all other public areas within the MSTU
as determined by The Bayshore Beautification MSTU Master Plan and by the
Advisory Committee. The governing body of the MSTU shall be the Board of
County Commissioners of Collier County, Florida.
(Words underlined are added, Words shelrweegh are deleted)
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11/12/2013 16. B.1.
FISCAL EMPACT: The estimated cost to advertise the proposed ordinance is $300.00. 10"IN
GROWTH MANAGEMENT EWPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as
to form and legality. Majority support is required for approval. - JAK
RECOMMENDATION: That the Board of County Commissioners authorizes staff to advertise
the attached ordinance amending Ordinance No. 97 -82, as amended.
Prepared by: Ashley Caserta, Project Manager
Bayshore Gateway Triangle CRA / Bayshore Beautification MSTU
W
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11/12/2013 16. B.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.1.
Item Summary: Request for authorization to advertise for future consideration an
ordinance amending Ordinance No. 97 -82, as amended, which created the Bayshore
Beautification Municipal Service Taxing Unit, so as to allow for additional right -of -way
improvements.
Meeting Date: 11/12/2013
Prepared By
Name: CasertaAshley
Title: Grants Coordinator,
10/28/2013 10:13:29 AM
Submitted by
Title: Grants Coordinator,
Name: CasertaAshley
10/28/2013 10:13:30 AM
Approved By
Name: jourdanj
Title: Project Manager,
Date: 11/4/2013 8:36:21 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/4/2013 9:32:40 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/4/2013 10:45:16 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/4/2013 11:59:57 AM
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Name: OchsLeo
Title: County Manager
Date: 11/4/2013 12:28:45 PM
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11/12/2013 16.B.1.
11/12/2013 163.1.
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
97 -82, AS AMENDED, WHICH CREATED THE BAYSHORE
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT, BY
AMENDING SECTION THREE, ENTITLED "PURPOSE AND
GOVERNING BODY," TO ALLOW FOR ADDITIONAL RIGHT -OF-
WAY IMPROVEMENTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on December 16, 1997, the Board of County Commissioners (Board)
adopted Ordinance 97 -82, which created the Bayshore Beautification Municipal Service Taxing
Unit (MSTU); and
WHEREAS, the Board subsequently amended Ordinance No. 97 -82 through its adoption
of Ordinance Nos. 98 -15, 98 -29, and 2008 -20; and
WHEREAS, the Bayshore Beautification Municipal Service Taxing Unit Advisory
Committee has recommended amendments to Section Three in order to allow for additional
right -of -way improvements within the MSTU; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO, 97 -82,
AS AMENDED.
Section Three of Ordinance No. 97 -82, as amended, is hereby amended as follows:
SECTION THREE. Purpose and Governing Body.
The MSTU is created for the purpose of:
1) providing curbing, watering facilities, plantings and maintenance of the inedian s*s
rights -of -way of roadways within the MSTU; and
2) providing traffic calming improvements, street and pedestrian lighting, and sidewalks,
Words Underlined are added; Words Stmak are deleted.
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11/12/2013 16.B.1.
driveways and drainage improvements where a health/safety /welfare issue exists or are
associated with a beautification project within the MSTU; and
3) identifying the Bayshore communi y to include directional and way - finding signs,
street furniture and associated amenities (benches trash cans bicycle racks, informational
kiosks, etc.) within the MSTU; and
4) pedestrian and bicycle mobility improvements (multi -modal pathways, boardwalks,
scenic pathways nature walks enhanced bicycle lanes enhanced crosswalks and pedestrian
bridges associated with such projects; and
3) 5I beautification and maintenance of all other public areas within the MSTU as
determined by The Bayshore Beautification MSTU Master Plan and by the Advisory
Committee. The governing body of the MSTU shall be the Board of County Commissioners
of Collier County, Florida.
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 n
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 be come 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.
Words Underlined are added; Words Stmek 44wough are deleted.
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11/12/2013 163.1.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County Florida, this day of 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Words Underlined are added; Words Stmek Pwaugk are deleted.
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