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Agenda 09/29/2009 Item #16K 8 Agenda Item No. 16K8 September 29, 2009 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to advertise and bring back for Board consideration an amendment to Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, to provide for the appointment of an alternate member. OBJECTIVE: To obtain the Board of County Commissioners' (Board) authorization to advertise and bring back for consideration an amendment to Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, to provide for the appointment of an alternate member. CONSIDERATIONS: At its September 15, 2009 regular meeting, the Board directed the County Attorney's Office to amend the Collier County Airport Authority Ordinance to provide for the appointment of one alternate member to the Airport Authority. In keeping with this direction, I have prepared a proposed amendment for the Board's review. If approved, I will advertise and bring back the attached amending ordinance for Board consideration. LEGAL CONSIDERATIONS: The proposed amendment is legally sufficient for Board action. -JAK FISCAL IMPACT: The cost of advertising the amending ordinance is estimated at $500. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDA TION: That the Board authorizes the County Attorney's Office to advertise and bring back for the Board's consideration the attached amendment to Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, to provide for the appointment of one alternate member to the Collier County Airport Authority. Prepared By: Jeffrey A. Klatzkow, County Attorney Page 1 of 1 Agenda Item No. 16K8 September 29, 2009 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K8 Item Summary: Recommendation to authorize the County Attorney to advertise and bring back for Board consideration an amendment to Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, to provide for the appointment of an alternate member. Meeting Date: 9/29/2009 9:00:00 AM Prepared By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 9(17/200910:01:33 AM Approved By - Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 9/22(20093:24 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 9(22(20093:43 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 9(22/20093:56 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 9(22(20096:37 PM file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16K. COUN... 9/23/2009 Agenda Item No. 16K8 September 29,2009 Page 3 of 4 ORDINANCE NO. 2009- - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-03, THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, SPECIFICALLY, SECTION FIVE, "GOVERNING BODY; MEMBERSHIP, APPOINTMENT AND TERMS OF OFFICE," IN ORDER TO PROVIDE FOR THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 27, 2004, the Board of County Commissioners adopted Ordinance No. 2004-03, known as the Collier County Airport Authority Ordinance, which Ordinance repealed and superseded prior ordinances pertaining to the Collier County Airport Authority; and WHEREAS, the Board of County Commissioners desires to amend Section Five of Ordinance No. 2004-03, entitled "Governing Body; Membership, Appointment and Terms of Office," so as to provide for the appointment of an alternate member. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2004-03. Section Five is hereby amended to read as follows: Governing Body; Membership, Appointment and Terms of Office. (A) The governing body of the authority shall be composed of seven (7) members and one ( 1) alternate member appointed by the Board. The alternate member shall act only in the absence. or disqualification. of a regular member. Except when a member is appointed to fill the remainder of a vacated term, members shall be appointed to serve four year terms. There are no limitations on the number of times that members of the authority may be re-appointed to the authority. In the event this provision conflicts with any other Collier County rule, regulation or ordinance, this provision shall prevail. Upon the expiration of a member's term of office, such member shall maintain his or her appointment until the member is either re-appointed or a successor is appointed by the Board. * * * * * * ..- Words Underlined are added; Words 8truek TlH'Sl:lgh are deleted. Page 1 of2 Agenda Item No. 16K8 September 29,2009 Page 4 of 4 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, Floildli. 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 _day of ,2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Words Underlined are added; Words 8tnlek Threagh are deleted. Page 2 of2 .~..._- ... ''''''----.- _"_"_~__n