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Backup Documents 07/28/2009 Item #17E 17.E COLLIER COUNTY FLORIDA (i) REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ~rmallegal Advertisement o Other: (Display Adv., location, etc.) ......................*.*...............*..........................................**................. .. Originating DeptJ Div: A TM- Transportation Division Person: Tessie SiUery Date: 7(2109 Petition No. (If none, give brief description): Amend Ordinance No. 92-40 for the lmmokalee Beautification MSTU For the expansion of the unit boundaries to add approximately 3002.079 +1- Petitioner: (Name & Address): Darryl Richard, Project Manager, A TM Department, 2885 South Horseshoe Drive, Naples, Florida 34104 Name & Address of an erson s to be notified b Clerk's Office: lfmore s ace is needed, attach se arate sheet William Deyo Andrea Halman Cherryle Thomas - Maria (Lucy) Ortiz Carrie Williams P.O. Box 5204 Mail: P.O. Box 1090 Chairman 606 Roberts Ave. W. 1300 N. 15th St. Immokalee, FL Immokalee, FI34143 1205 Orchid Ave. Immokalee, FL Suite 1 34143 Immokalee, FL 34142 lmmokalee, FL 34142 34142 Hearing before 7111/09 BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): ~i:s Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-40, WHICH CREATED THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES TO ADD APPROXIMATELY 3002.079+/- ACRES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, CONFLICT AND SEVERABILITY, AND AN EFFECTIVE DATE. Companion petition(s), ifany & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: Pure se Order # - Fund . 1. 1 S-bO I b~02.Lf ~ ' ~ ). - It, :tS;;l.l..f Reviewed by: /- cI .... () '0<3 LtIJ "-""0' Division Administrator or Designee Date List Attachments: Amending Ordinance DISTRIBUTION INSTRUCTIONS A. For bearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or req st for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribu copies: o County Manager agenda file: to o Requesting Division o Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *..............................*..**...............*..........*.*...**...**.......*................... ... FOR CLERK'S OFFICE uiit'1~' r 1:J.ItM ~ /1'3-1 or Date Received:. ' Ot4 Date of Public hearing: 1- Date Advertised: . , . 17E . , ORDINANCE NO. 2009-_ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-40, WIllCH CREATED THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES TO ADD APPROXIMATELY 16,982 +/- ACRES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, CONFLICT AND SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners, on October 25,1977, adopted Collier County Ordinance No. 77-52, creating the Immokalee Lighting and Beautification Municipal Service Taxing Unit for the purpose of providing street lighting and beautification within the unit; and WHEREAS, the Board of County Commissioners, on September 23, 1986, adopted Collier County Ordinance No. 86-65, creating the Immokalee Lighting and Beautification District Advisory Committee which provided for the appointment and composition of the Advisory Committee and setting forth the terms of office; and WHEREAS, on February 20, 1990, the Immokalee Lighting and Beautification Advisory Committee met and approved a motion to recommend to the Board of County Commissioners that Collier County Ordinance No. 77-52 be modified so as to separate the Lighting District from the Beautification District, thereby making both Districts separate, but having identical district boundaries and retaining the current Advisory Committee composition and make-up only for the Beautification District; and WHEREAS, the Board of County Commissioners, on June 9, 1992, adopted Collier ~,~ County Ordinance No. 92-40 that created the Immok.alee Beautification Municipal Services Taxing Unit (the "MSTU"), for the purpose of landscape beautification within the MSTU; and WHEREAS, the Board of County Commissioners desires to expand the boundaries of the MSTU. 1 Words Underlined are added; Words 81Nek 'fhreugh are deleted. . __""_,.'""_____"__".""__'~_A'""~'___'O,~,_"'....___~""'_',., . -- .. ._--~-""-_.""''''''''".. '" ""'.'~-'_'-~"""""""'"".''''''"~"""",-,~,,-,,,~'~'"---.- 17E NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: l: SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 92-40, AS AMENDED, TO EXPAND BOUNDARIES Section Three of Collier County Ordinance No. 92-40, as amended, is hereby amended to expand the MSTU's boundaries to add approximately 16,982 +/- acres, as follows: The boundaries of the Unit shall comprise all that land located in Collier County, Florida, and specifically described as: The South \~ af the Sooth ~.s. ef SeetiaR 29; the South !{ af the Se1:ltfteast \4 of SemoR 30; the Nertheast ~4 of SeetiaB 31; all of SootieR 32; all of SeetiaB 33; the Southwest \<t of SootieR 34; and the South VoL efthe Sout.ft:o.\'est ~4 ofSeatiOB 28; all in TO'NRsl1ifJ 46 South, Range 29 Bash The 801:ltheftSt ~4 ofSeooon. 3; the W-est ~~ ofSeOOon. 3; aU ofSeetioB 4; the Nertheast % of 8eetiOR 5; the Ntlfth ~~ efthe Neftl:twest ~<. ef SeMien. 5; the EastYS. of Seet-ieB 9; aad the South"Jlest ~<. of the Nertheast ~<. af 8eOOoB 11; all iR Tevmship 47 SeutR, Range 29 Bast:- That portion of land lying in Collier County. Florida. more particularly described as follows: The Southwest Quarter of the Southwest Quarter of section 25 and all of sections 26. 27. 28. 29. 30. 31. 32. 33. 34. 35 and the West half of the Northwest Quarter of section 36. Township 46 South. Range 29 East: and All of Sections 1. 2. 3. 4. 5. 6. 9. 10. 11. the West half of Section 12. the Northwest Quarter of Section 13. the North half of section 14 and all of Sections 15 and 16. Township 47 South. Range 29 East: and All of Section 6. Township 47 South. Ran2e 30 East: and 2 " . Words Underlined are added; Words S1:Nek TlH'eagh are deleted. ,i .'; ..- ^"'-"'''''''~'''''- Ii' '_~~"'_..4IiI.~4 _II)j!llil ....__~"'__....,_,._,'""",.___,,,.._..._".._____V,"....-.~~"',,,...'o..~..,,.."_,__""'"_.,,_,,.__ 17'E The North half of Section 1. Township 47 South. Range 28 East lying Easterly of the Eastern Shoreline of Lake Trafford; and All of Section 25 and that portion of Sections 35 and 36 lying Northerly and Easterly of the Northerly and Easterlv shorelines of Lake Trafford. Township 46 South Range 28 East. Attached Exhibit "A" represents the above-referenced MSTU boundaries. 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 COWlty. Florida. The sections of this Ordinance may be renwnbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier COWlty or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of d1e Ordinance invalid or Wlconstitutional, such portion shall be deemed a ~eparate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida, this 28th day of July, 2009. 3 Words Underlined are added; Words StAlek Threuglt are deleted. .__M....__"......'~__'_..-"", ...~.._"''''Hv~_.'o;' . ~~.'.....'liIlI 'm __ T 11!. _llll. '" _"_M~'H'" _""11I. t,. .._""". ....._.;~~_".___;o"',""....'"".".."~,"'.~,~,~"'.."'~,,.~_ 17~E ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK. COLLIER COUNTY, FLORIDA By: , Deputy Clerk DONNA FIALA, CHAIRMAN ) l :i ,~ ~! Approved as to form and icgal sutlicit:I1cy: fij) Scott R. Teach Deputy County Attorney 4 Words Underlined are added; Words 8tnlek Tbreagh are deleted. . -.........."-...--,, ""'~ -... ___.If!O. . _....._,-_...._..~_...='--""." ... ~ _.....,~......_".".~..~"....,'-,...",.,. -..--_...".,--'.....,_.-.".....--.,.""-~"'-"'-,,-"" 17E ~ " rn ,. ~ '....-~..~....;..,' 'c) & :.-+._.,~.....~- . .' ~.. I " -- ., ~ ... ,.."-' L. I _._---_._--~ Exhibit "A" 5 Words Underlined are added; Words Sttuek Thfeugh are deleted. I I ~_............,---""",' ~,---,._-,--", ._......_fi__"_ wrm ".".. .6..44<Ii!>, Il>.___""'",~n "' ~ "".....,,"'.__..."---.......>".~"~"'~..-~_..."-,,"~....,.--_....- 17E ACCT #068784 July 7, 2009 Legals Naples Daily News 1075 Central A venue Naples, Florida 34102 Re: Amending the Immokalee Beautification MSTU Dear Legals: Please advertise the above referenced notice on Friday, July 17,2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500162524 --- -- _..--_.._~~_.~ -,..._~."- ; ..--,,--- --,- NOTICE OF INTENT TO CONSIDER ORDINANCE 17E Notice is hereby given that on Tuesday, July 28, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-40, WHICH CREATED THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES TO ADD APPROXIMATELY 16,982 +/- ACRES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, CONFLICT AND SEVERABILITY, AND AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register - with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. ,_............. .,,_ ....~_lr1l' -... -.....,...-...--- -- "'-"""',- BOARD OF COUNTY COMMISSIONERS 17E COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk ( SEAL) "'n'__'''' , ..11".:11 , --',.,-.-.,,---'" .......-.. ,...".. "'."'.,........,-'"',~--""-~"".- 17E July 7, 2009 William Deyo P.O. Box 5204 Immokalee, FL 34143 Re: Amending the Immokalee Beautification MSTU Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 28, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, July 17,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure . ..-... 17f July 7, 2009 Andrea Halman P.O. Box 1090 Immokalee, FL 34143 Re: Amending the Immokalee Beautification MSTU Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 28, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, July 17,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure -'...._""'-'. I' . 1I11l~ ~ II liIlii - _fill'. -" -,. ..- 17E t July 7, 2009 Cherryle Thomas 1205 Orchid Ave Immokalee, FL 34142 Re: Amending the Immokalee Beautification MSTU Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 28, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, July 17,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure ".- ~ ; __~.~.."m"'M'_",,"",,~ II U .A>,.t.J>. "- 17E . July 7, 2009 Maria Ortiz 606 Roberts Ave. W lmmokalee, FL 34142 Re: Amending the Immokalee Beautification MSTU Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 28, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, July 17,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure ~o",,___,_,_ __ '"'1>'"""' - "l"'.4 'J11'01~_ _.-_. ' _">~_Mk'-," ,........ . "'"- 17E ,\ July 7, 2009 Carrie Williams 1300N.1SthST Suite 1 Immokalee, FL 34142 Re: Amending the Immokalee Beautification MSTU Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 28, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, July 17,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure -. - .....n - -_.._-"-----~",.- 17E j Teresa L. Polaski To: legals@naplesnews.com Subject: Amending the Immoklaee Beautification MSTU Legals, Please advertise the following on Friday, July 17, 2009. Thanks ~ ~ Amending the Amending the mmokalee Beautif. 'mmokalee Beautif. Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po las ki@collierclerk.com) 1 ~""._-, '.:1" ~__.,._~>,"..,.,,,...._"_.,_..",--~". ..... . r . . - 17E Teresa L. Polaski From: postmaster@collierclerk.com Sent: Tuesday, July 07,200911:18 AM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT440973.txt; Amending the Immokalee Beautification MSTU This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients) but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com 1 I fl ... ... - ---- 17E Teresa L. Polaski From: Panciera, Angela [AMPanciera@Naplesnews.com] Sent: Tuesday, July 07,20092:54 PM To: Teresa L. Polaski Subject: RE: Amending the Immokalee Beautification MSTU Received. Thank You, Angela Panciera Classified Advertising Consultant Naples Daily News 1075 Central Ave. Naples, FL 34l 02 ampanciera@naplesnews.com Phone: 239-435-3418 Fax: 239-263-4703 ~-""------~--"'---_.,--- .... From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Tuesday, July 07, 2009 11:18 AM Posted To: Legals - NON Conversation: Amending the Immokalee Beautification MSTU Subject: Amending the Immokalee Beautification MSTU Legals, Please advertise the following on Friday, July 17, 2009. Thanks <<Amending the Immokalee Beautification MSTU.doc>> <<Amending the Immokalee Beautification MSTU.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) Under Florida Law, e-mail addresses are public records. Ijyou do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 "1" "'R . . .. ~.... -- I "f 1V1l1__n II'r r" ~.... ..,...,-~.,-,-_......~^_..-_... 17E Teresa L. Polaski From: Panciera, Angela [AMPanciera@Naplesnews.com] Sent: Tuesday, July 07, 20092:59 PM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UAS267F.jpg Here is a copy of the Notice scheduled to run Friday 7/17. I have attached a copy of the Notice below in case you are not able to open the attachment. Date e7/e7/e9 Publication NON Account Number 7441e7 Ad Number 18e7173 Total Ad Cost $411.e2 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, July 28, 2ee9, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 33el East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:ee A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COllIER COUNTY ORDINANCE NO. 92-4e, WHICH CREATED THE IMMOKAlEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT IN COllIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES TO ADD APPROXIMATELY 16,982 +/- ACRES; PROVIDING FOR INCLUSION IN THE CODE OF lAWS AND ORDINANCES, CONFLICT AND SEVERABILITY, AND AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted le minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 33el Tamiami 1 -......",,"""'v-.:r,_._ ..---'--~,_._''''' - --'""-- "'._"0.--'_- Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. 17E BOARD OF COUNTY COMMISSIONERS COllIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) July 17, 2009 No1807173 Thank you for placing your ad Angela Panciera 239-435-3418 <<UAS267F.jpg>> 2 '""._-~,--,-""""~ . ~- - .-.--..------",- 17E 1 Naples Daily News Naples, FL 34102 Affidavit of publication Naples Daily News --------------------------------------------------+------------------------ BCC/CDES BUDGET OFFICE CLERK OF CIRC. COURT POB 413044 S AMMERMANN/FINANCE DEPT P OB XO 413044 NAPLES FL 34101 REFERENCE: 068784 P.O. # 450016~524 59582875 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 07/17 07/17 Nfttllil11n AD SPACE: 146 LINE FILED ON: 07/17/09 -------------------------- -----------------------+------------------------ Signature of Affiant ~hYh~ Sworn to and Subscribed before me this ~\ day of ~~ 200'1 Personally known by me ~ ~ ~~i'\I~L'-' h. '2 ;:~"~~<: Commission DO-65V'f' '::, .: ':\:.- 'Expires June 29, 2011 ',-';.Rftl~~";'. f)'::",'j.''":'::!.,';: ";'11"'1 Fcin !Il~.l:r;'):'~,;' ;y" '-"""'~"'" 17E I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documt:nts should be hand delivered to the Board Officc. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exc tion of the Chairman's si ature, draw a line throu h routin lines # 1 throu #4,co lete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routin order 1. 2 3. 4. Scott R. Teach, Deputy County Attorney County Attorney 07/30/09 5. Ian Mitchell, Supervisor Board of County Commissioners =H30J~ 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the i tern. Name of Primary Staff Darryl Richard Phone Number 253-9083 Contact Agenda Date Item was 07/28/09 Agenda Item Number 17-E A roved b the BCC Type of Document Ordinance amending Collier County Ordinance No. Number of Original Iii> Attached 92-40 ,- Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception ofmost letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and N/A all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or SRT the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and SRT initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be rJ(f\ provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on JuIv 28. 2009 and all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. I: Forms/ County Forms/ BeC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 <<matter _ numbem/<<document_number>> -.- ........-....-..-.....-..--.'..-'.....- _ill! --.....-- 17E 't ~., ORDINANCE NO. 2009- 39 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-40, WHICH CREATED THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES TO ADD APPROXIMATELY 16,982 +/- ACRES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, CONFLICT AND SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners, on October 25, 1977, adopted Collier County Ordinance No. 77-52, creating the Immokalee Lighting and Beautification Municipal Service Taxing Unit for the purpose of providing street lighting and beautification within the unit; and WHEREAS, the Board of County Commissioners, on September 23, 1986, adopted Collier County Ordinance No. 86-65, creating the Immokalee Lighting and Beautification District Advisory Committee which provided for the appointment and composition of the Advisory Committee and setting forth the terms of office; and WHEREAS, on February 20, 1990, the Immokalee Lighting and Beautification Advisory Committee met and approved a motion to recommend to the Board of County Commissioners that Collier County Ordinance No. 77-52 be modified so as to separate the Lighting District from the Beautification District, thereby making both Districts separate, but having identical district boundaries and retaining the current Advisory Committee composition and make-up only for the Beautification District; and WHEREAS, the Board of County Commissioners, on June 9, 1992, adopted Collier County Ordinance No. 92-40 that created the Immokalee Beautification Municipal Services Taxing Unit (the "MSTU"), for the purpose oflandscape beautification within the MSTU; and WHEREAS, the Board of County Commissioners desires to expand the boundaries of the MSTU. 1 Words Underlined are added; Words 8trl::lek Tkro\:lgh are deleted. ""'_,"O'''.,".,.~,~. " ""'. "'..>'~-~".,_..- --" - - 17E t4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 92-40, AS AMENDED, TO EXPAND BOUNDARIES Section Three of Collier County Ordinance No. 92-40, as amended, is hereby amended to expand the MSTU's boundaries to add approximately 16,982 +/- acres, as follows: The boundaries of the Unit shall comprise all that land located in Collier County, Florida, and specifically described as: The Souta ~'2 of the SOlita ~ of Section 29; the South ~'2 of the Southeast ~<. of Section 30; the Northeast ~<. of Section 31; aU of Section 32; aU of Section 33; the Smrtlw/est l,4 of Section 34; and the South ~'2 of the Sou1iPnest ~<. of Section 28; all in TO'.YBship 16 South, Range 29 East. The Southeast ~<. of Section 3; the W est ~'2 of Section 3; all of Sectiofl 1; the Northeast ~<. of Section 5; the North Vl of the Northwest l,4 of Sootien 5; the East h of Seetion 9; a:fld the Soathwest ~4 of the Northeast ~<. of Section 11; all in Tovlflship 17 South, Range 29 ~ That portion of land lying in Collier County. Florida. more particularly described as follows: The Southwest Quarter of the Southwest Quarter of section 25 and all of sections 26. 27. 28. 29. 30. 31. 32. 33. 34. 35 and the West half of the Northwest Quarter of section 36. Township 46 South. Range 29 East and All of Sections 1. 2. 3. 4. 5. 6. 9. 10. 11. the West half of Section 12. the Northwest Quarter of Section 13. the North half of section 14 and all of Sections 15 and 16. Township 47 South. Range 29 East; and All of Section 6. Township 47 South. Range 30 East; and 2 Words Underlined are added; Words Strook Through are deleted. ,-,.,~-^y -_I - 17E The North half of Section L Township 47 South, Range 28 East lying Easterly of the Eastern Shoreline of Lake Trafford; and All of Section 25 and that portion of Sections 35 and 36 lying Northerly and Easterly of the Northerly and Easterly shorelines of Lake Trafford, Township 46 South Range 28 East. Attached Exhibit "A" represents the above-referenced MSTU boundaries. 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 this Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," 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 court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this 28th day of July, 2009. 3 Words Underlined are added; Words 8tl'l:lek Thfoegb. are deleted. ~u_ ""._....',.,<,",',.."""'<..=,-"',,........_"";~,...'...--, 17E ,:~ 'j ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHLE<; BROCK, CLERK COLLIER CO~' FLORIDA .. ~ .. \... " ~- '", \ . ..... By: ~ .J~ DONNA FIALA, CHAIRMAN ,. Approved as to form and 'eS:ffF-72 ~fJ Scott R. Teach Deputy County Attorney 4 Words Underlined are added; Words Strnck TlKough are deleted. ~....__."" .."'"1>-<1 17E ~ N 0: (/) < - --- Exhibit "A" 5 Words Underlined are added; Words Struek Through are deleted. ""__M"_'" 17E .;, ( . ~ 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 and correct copy of: ORDINANCE 2009-39 Which was adopted by the Board of County Commissioners on the 28th day of July, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of July, 2009. DWIGHT E. BROCK Clerk of Courts a~9Clerk Ex-officio to Boa~a.~t County Commissioners ; , By: Martha Deputy - ----..-- . .~. . 'lIlIIl ,_,_"'0--- .". --"...- ..._,,","".~w"___'-