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Backup Documents 04/28/2009 Item #17D COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 27n To: Clerk to the Board: Please place the following as a: D Nonnallegal Advertisement D Other: (Display Adv., location, etc.) ,; ........................................*...**.*....*.**..*.*.**...*.**......*..*.*****..**..*.*******.... Originating Dept/ Div: A TM- Transportation Division Person: Tessie Sillery Date: 4-9-09 Petition No. (Imone, give brief description): To amend Ordinance no. 2001-43 - Vanderbilt Beach MSTU - including providitg underground trenching and burial of utility lines from the street or transfonner to private residences but excluding the expenditure bf MSTU funds for any additional wiring or installation of improvements or upgrades to connect service to residences required by . current code for resulting from any other hardware nonconfonnity. Petitioner: (Name & Address): Darryl Richard, Project Manager, A TM Department, 2885 South Horseshoe Drive, Naples, Florida 34104 Name & Address of an Dick Lydon - Chairman 450 Tradewinds Ave. Naples. FL 34108 Clerk's Office: If more s ace is needed. attach se A.D. (Bud) Martin Bruce Fonnan 9790 Gulfshore Dr. 11116 Gulfshore Dr. #306 Unit 9038 Naples. FL 34108 Naples. FL 34108 Hearing before 4-28-09 BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): D Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ,( ORDINANCE 2001-43, AS AMENDED (THE VANDERBILT BEACH BEAUTIFICAITON MUNICPAL SERVICE TAXING'~ UNIT); SECTION THREE, PURPOSE AND GOVERNING BODY; PROVIDING FOR CONFLICT AND SEVERABILITY; , PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes D No If Yes, what account should be charged for advertising costs: Purchlse Order # -Fund 143-162543 Reviewed by: (jll Adm" " (F'- D d: D DIVISIon mlstrator or eSlgnee ate List Attachments: Amending Ordinance tj,/p'6J1 ~~y,5""cc> l Ud-~ 19 . ) ~~1-~( DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before; submitting to County Manager. Note: Illegal document is involved, be sure tbat any necessary legal review, or requtft for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute) copies: r D Requesting Division D Original D County Manager agenda file: to Clerk's Office 8. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ..*.**........**...***.**..*..*..***....**..**.**.*.****.**..*.**.****.....***.***...**....*.......*.***r*. FOR CLERK'S OFFICE USE /1NL~: l/ I. ~ t 9 I l I J,..., j /VA Date Received: Y ..3 0"1 Date of Public hearing: ,51 () Date Advertised: ~l.P"f 17D ORDINANCE NO. 2009- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2001-43, AS AMENDED (THE VANDERBILT BEACH BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION THREE, PURPOSE AND GOVERNING BODY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, on July 31, 2001, the Board of County Commissioners adopted Ordinance No. 2001-43, establishing the Vanderbilt Beach Beautification Municipal Service Taxing Unit; and WHEREAS, the Vanderbilt Beach Beautification Municipal Service Taxing Unit Advisory Committee requested that the Board of County Commissioners amend and revise Section Three of Collier County Ordinance No. 2001-43; and WHEREAS, on April 21, 2009, the Board of County Commissioners as the governing body of the Vanderbilt Beach Beautification Municipal Service Taxing Unit approved the amendment to Ordinance No. 2001-43. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 2001-43, as amended, is hereby further amended to read as follows: SECTION ONE: Amendment to Section Three Purpose and Governing Body Section Three, Purpose and Governing Body of Collier County Ordinance No. 2001-43 is hereby amended to read as follows: SECTION THREE. Purpose and Governing Body 1 Underlined words are added; Struck Through words are deleted. 17D The MSTU is created for the purpose of: (1) Providing curbing, watering facilities, plantings and maintenance of the median strips and right-of-way edges of roadways within the MSTU; (2) Providing traffic calming improvements, street lighting, and sidewalks within the MSTU; (3) Beautification and maintenance of other public areas within the MSTU as determined by the Advisory Committee; and (4) providing for the Burial of Power Lines within the MSTU. including providing underground trenching and burial of utility lines from the street or transformer to private residences but excluding the expenditure of MSTU funds for any additional wiring or installation of improvements or upgrades to connect service to residences required by current code or resultinl! from any other hardware nonconformity. 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 this 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, Florida. The sections of the 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 FOUR: Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. 2 Underlined words are added; Struck Through words are deleted. 17D PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida this 21 st day of April, 2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Deputy Clerk Approved as to form and Legal sufficiency: @) Scott R. Teach Deputy County Attorney 3 Underlined words are added; Struck Though words are deleted. 17D Acct #068784 April 13, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: An Ordinance Amending No. 2001-43: Vanderbilt Beach MSTU Dear Legals: Please advertise the above referenced notice on Friday, April 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. #4500102319 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 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: 17n AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2001-43, AS AMENDED (THE VANDERBILT BEACH BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION THREE, PURPOSE AND GOVERNING BODY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 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. 17D BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk Dwight E. Brock Clerk of Courts ~. ..', _._'''''_k__^~'~m''^,'_ _.._...,\ COOn ty:of{~:'611i er i)" ",' ", \. CLERK OF THE C~RCUIT COURT COLLIER COUNTY COURTHOUSE 330 I TAMIAMI T:liAIL EAST P.O. BOX 413044 NAPLES, FLORIDA']41O 1-3Q44 170 Clerk of Courts Accountant Auditor Custodian of County Funds April 13, 2009 William Gonnering 375 Seabee Ave. Naples, FL 34108 Re: Amending Ordinance No. 2001-43: Vanderbilt Beach MSTU Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 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, April 17, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~~- Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts "e~c;~ty~-,ofeo llier 1~>'../"".' -'<> ; CLERK OF THE G~RCtJIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI t~IL EAST P.O. BOX 41,3044 NAPLES, FLORIDA '3,11 0 1-3044 J,~' If': 17 Clerk of Courts Accountant Auditor Custodian of County Funds April 13, 2009 Bruce Forman 11116 Gulfshore Drive Unit 903B Naples, FL 34108 Re: Amending Ordinance No. 2001-43: Vanderbilt Beach MSTU Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 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, April 17,2009. You are invited to attend this public hearing. Sincerely, DWIGHTE. BRO~6 ~ sa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts "'eC}wpty-~ofCo llier C.r"-" ", "< CLERK OF THE CIRCUIT COURT , , COLLIER COUNTY COURTHOUSE 3301 TAMIAMI T~IL EAST P.O. BOX 413044 NAPLES, FLORIDA~~101-3044 17D Clerk of Courts Accountant Auditor Custodian of County Funds April 13, 2009 A.D. (Bud) Martin 9790 Gu1fshore Drive #306 Naples, FL 34108 Re: Amending Ordinance No. 2001-43: Vanderbilt Beach MSTU Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 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, April 17, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk ~~ Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts "eOWr!~'~ofeQ llier CLERK OF THE C~RCU, IT COURT , \ COLLIER COUNTY ,COURTHOUSE 3301 TAMIAMI ~IL EAST P.O. BOX 413044 NAPLES, FLORIDA>34 101-3044 \ Iii,,' '\ :~,: 17D Clerk of Courts Accountant Auditor Custodian of County Funds April 13, 2009 Charles Arthur 239 Channel Drive Naples, FL 34108 Re: Amending Ordinance No. 2001-43: Vanderbilt Beach MSTU Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 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, April 17, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK y~ 'be Teresa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com 17D Dwight E. Brock Clerk of Courts ;el':)\lnty-~ofe'Q llier L'" ' CLERK OF THE C~RCtJIT COURT COLLIER COUNTY tOURTHOUSE 3301 TAMIAMI THAlL EAST P.O. BOX 4 i,3044 ' NAPLES, FLORIDA\~3.4101-3()44 ,), {'71:; Clerk of Courts Accountant Auditor Custodian of County Funds April 13, 2009 Dick Lydon 450 Tradewinds Ave. Naples, FL 34108 Re: Amending Ordinance No. 2001-43: Vanderbilt Beach MSTU Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 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, April 17, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~/~ eresa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com 17D Teresa L. Polaski To: Subject: legals@naplesnews.com Amending Ordinance 2001-43 Attachments: Amending Ordinance 2001-43.doc; AMEND ORD 2001-43.doc Legals, Please advertise the following on Friday, April 17, 2009. Thanks Amending AMEND ORD ::finance 2001-43.dc ~OOl-43,doc (28 KB 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) 1 17D Teresa L. Polaski Attachments: postmaster@collierclerk.com Monday, April 13, 20094:12 PM Teresa L. Polaski Delivery Status Notification (Relay) ATT273256.txt; Amending Ordinance 2001-43 From: Sent: To: Subject: f!:1,'. " ~ ~ U A TT273256,txt (231 B) Amending Ordinance 2001-43 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 Teresa L. Polaski 17D From: Sent: To: Subject: Attachments: !!I UAS750.jpg (78 KB) Thank you for Date publication Ad Number Total Ad Cost Emely 213-6061 Pagan, Emely [EPagan@Naplesnews.com] Monday, April 13, 2009 5: 11 PM Teresa L. Polaski Ad Confirmation UAS750.jpg placing your ad. 04/13/09 NDN 1792941 $400.70 1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Isherf!by given th,at on Tuesday, . A, prll 28, 2009, In the BQardroom. 3rd Floor. Administration l3uHdlng. Collier County Government Center. 3301 East Tamiaml Trail. Na.ples. Florida. the Bo~rd Q.f County CommIssioners will considertheenactl"ent of a. County Ordinance. ,The meeting will com- mence at 9:00 .A.M. The title of the proposed Ordi- nance is as follows: 17D AN ORDINANCE AMENDING COLLIER COUNTY OROl. NANCE 2001-43. AS AM ENDED (THE V ANDERBIL T BEACHBEAUTIFICATJON MUNICIPAL SERVICE TAXING UNIT); AMENDJNG SECTION THREE, PUR- POSE .AND GOVERNI~JG BODY; PROVIDING FORCON- FLlCT AND SEVERABILITY; PROVIDING fORINCLU- SION IN CODE OF LAWS AND ORDINANCES; AND PROVIDI NG FOR EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are avaHaplefor inspec- tion. All interested parties are lnvltedto attend and be heard. NOTE: All persons wish'lng to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be ad- dressed. Individual speakers will be limited to 5 minutes on any item. The seleptjonofanindividual to speak on, behalf of 'an. organization or.group 1s encouraged. If recogmzed by the Chalrman. a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Pers.ons wish'm~ to have written or graphic ma- terials, included In the Boa,rd agenda packets I"Ilust submit saici material a minimum of3 weeks prior to the respective publ Ie hearing. In any case, wrttten materials intended to be considered by the Board shall be submitted to the appropriate Coul1ty staff a minimum Of seven days pnor to the public hear- ing. All material used In presentations before the Board will become a permanent pal1 of the I'ecord. 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 en- sure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal 15 based. If you are a person with a disability who needs anyaccommOdat'lon in order to participate in this proceedln-'l; you are entitled, at no cost to you, to the proviSIon of certain assistance. Please contact the Collier County Facilities Management Depat't- ment. located at 3301 Tamiami Tra.11 East. Building W. Naples, Florida 34112. (239) 252-83S0.Asslsted listening devices for the hearing impaired are avail- able in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLL.JER COUNTY. FLORIDA DONNA FIALA. CHAIRMAN OWl GHT E.BROCK, CLERK By: Teresa Polaski. Deputy Clerk April 1] N Q.1792941 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 170 To: Clerk to the Board: Please place the following as a: D Normal legal Advertisement D Other: (Display Adv., location, etc.) **.**..******.*.....*.........*..****.**....*.***.....*..*........*..**.......*...........*..*.*.***.*.... Originating Dept/ Div: A TM- Transportation Division Person: Tessie SiIlery Date: 4-9-09 Petition No. (If none, give brief description): To amend Ordinance no. 2001-43 - Vanderbilt Beach MSTU - including providing underground trenching and burial of utility lines from the street or transformer to private residences but excluding the expenditure of MSTU funds for any additional wiring or installation of improvements or upgrades to connect service to residences required by current code for resulting from any other hardware nonconfonnity. Petitioner: (Name & Address): Darryl Richard, Project Manager, A TM Department, 2885 South Horseshoe Drive, Naples, Florida 34104 Name & Address of an Dick Lydon - Chainnan 450 Tradewinds Ave. Naples, FL 34108 erson s to be notified b Charles Arthur - Vice Chairman 239 Channel Drive Naples, FL 34108 Clerk's Office: Ifmore s ace is needed, attach se A.D. (Bud) Martin Bruce Forman 9790 Gulfshore Dr. 11116 Gulfshore Dr. #306 Unit 9038 Naples. FL 34108 Naples, FL 34108 Hearing before 4-28-09 BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): D Naples Daily News D Other D LegaIly Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2001-43, AS AMENDED (THE VANDERBILT BEACH BEAUTIFICAITON MUNICP AL SERVICE TAXING UNIT); SECTION THREE, PURPOSE AND GOVERNING BODY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? DYes D No If Yes, what account should be charged for advertising costs: Purchase Order # - Fund 143-162543 Reviewed by: Division Administrator or Designee Date List Attachments: Amending Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings 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 request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: D Requesting Division D Original D County Manager agenda file: to 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 USE ONLY: Date Received: Date of Public hearing: Date Advertised: 170 Board of County Commissioners Purchasing Department 3301 Tamiami Trail E Naples, Florida 34112 Tax Exempt: 85-801262183OC-2 Q) Send all Invoices to: Board of County Commissioners Attn: Accounts Payable PO Box 413016 Naples, Florida 34101-3016 Pure.... Order number mt.IId appear on all re1*d c:ornlSpondence, shipping pap8l"S and Invoices: Purchase order PONl.rnber r 450010632~ oal804115/2009 Conlacll'enlon Trans ATM Vendor I 112533 NAPLES DAILY NEWS DEPT AT 40401 ATLANTA GA 31192 Please deliver to: LANDSCAPE MAINTENANCE 2885 SO. HORSESHOE DR. NAPLES FL 34104 Delivery Date: 09/3012009 Terms of Payment Payable immediately Due net Currency USD ItrIm Material 00010 Description Legal Advertisement for Ordinance Amendm Qty Unit 500 each Price ,,-, nit 1.00 Net Value 500,00 Legal Advertisement for Ordinance Amendment to go before BCC on 4-28-09 Vanderbilt MSTU 143-162543~91~ Total net value exel. tax USD soom\ VENDOR Terms and Conditions The VENDOR agrees to comply with aU Purchase Order Tenns and Conditions as outlined on the Collier County Purchasing Internet site; htlp:JJwww.coIliergov.neUlndex.aspx7page=762 (revision da18 0112212008). including delivery and payment terms. Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices. terms. delivery method and specifications listed above. 2. Notify department Immediately if order fulfiRment camot ocaJr as specified. 3. Send all invoices to: Board of County Conmlssioners Attn: Accounts Payable PO Box 413016 Naples. Florida 34101-3016 The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: k II ~ stephen Y. Carnell. General SeMces f Purchasing Director Printed W~ Ap< 15 200914:24:56 GMT4IOO 143-162543-e49100 Page 1 of 1 ORDINANCE NO. 2009- 170 .~,' AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2001-43, AS AMENDED (THE VANDERBILT BEACH BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION THREE, PURPOSE AND GOVERNING BODY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, on July 31, 2001, the Board of County Commissioners adopted Ordinance No. 2001-43, establishing the Vanderbilt Beach Beautification Municipal Service Taxing Unit; and WHEREAS, the Vanderbilt Beach Beautification Municipal Service Taxing Unit Advisory Committee requested that the Board of County Commissioners amend and revise Section Three of Collier County Ordinance No. 2001-43; and WHEREAS, on April 28, 2009, the Board of County Commissioners as the governing body of the Vanderbilt Beach Beautification Municipal Service Taxing Unit approved the amendment to Ordinance No. 2001-43. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 2001-43, as amended, is hereby further amended to read as follows: SECTION ONE: Amendment to Section Three Purpose and Governing Body Section Three, Purpose and Governing Body of Collier County Ordinance No. 2001-43 is hereby amended to read 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 median strips and right-of-way edges of roadways within the MSTU; (2) Providing traffic calming improvements, street lighting, and sidewalks within the MSTU; (3) Beautification and maintenance of other public areas within the MSTU as determined by the Advisory Committee; and (4) providing for the Burial of Power Lines within the MSTU. including oroviding undcrground trenching and burial of utility lines from the street or transfonner to private residences and. as needed. arrangin\l: to locate the burial of such power lines alongside any existing utility easements but excluding the expenditure of MSTU funds for any additional wiring or installation of improvements or up~rades to connect service to Underlined words are added; Struck Throulrl1 words are deleted. 17D residences required bv current code or resulting from an\' other hardware nonconfonnitv. 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 this 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, Florida. The sections of the 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 FOUR: Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND nUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day 2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Deputy Clerk Approved as to fonn and Legal sufficiency: Scott R. Teach Deputy County Attorney @1) ,/' 2 Underlined words are added; Struck Tbrough words are deleted. Page 17 D Martha S. Vergara From: Martha S, Vergara Sent: Thursday, April 16,2009 12:27 PM To: 'Iegals@naplesnews.com' Subject: PO for ad that will run on 4/27/08 Attachments: Amending Ordinance 2001-43.doc I'm Resending the Legals letter due to the change in PO for the ad that will run on 4/17/09. This is this information that was sent with the conformation: Date Publication Account Number Ad Number 04/14/09 NDN 500248 1791688 Thanks f Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (mQJ1ba.,,~rg9rQ@j:oJ,lieIcJ~rJs.com ) 4/1612009 ... ...".v p-- .....,. . Page 1 of 1 17D Martha S. Vergara From: Doll, Karen [KSDolI@Naplesnews.com] Sent: Thursday, April 16, 2009 12:57 PM To: Martha S. Vergara Cc: Pagan, Emely Subject: PO NUMBER Martha, your PO number has been changed for the Ordinance Amending No. 2001-43: Vanderbilt Beach MSTU New PO number is #4500106328 Thank-you, Karen Doll 239-263-4729 4/16/2009 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice IS. Ad Id: 14200965 Description NOTICE OF INTENT TO CONSIDER ORDINANCE Notice IS hereby given that on Tuesday April 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 CDLLIER COUNTY ORDINANCE 2001-43 A5 AMENDED (THE VANDERBILT BEACH BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION THREE PURPOSE AND GOVERNING BODY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. Ail 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 \Nishlng to have written or graphic materials included in the Board agenda packets must submit said material a rninimum of 3 weeks prior to the respective publiC hearing. In any case written matenals 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. BOARD OF COUNTY CO~1MISSIONERS COLLIER COUNTY FLORIDA DONNA FIALA CHAlRW,N DWIGHT E, BROCK CLERK By: Teresa Polaski Deputy Clerk April 17 NO,1792941 http://naples. kaango.com/fe View Adl14200965 Page 1 0 f 1 1 7 L Ord Anwd,n~ ~rc{ , f)m '-'-~3 Naples Daily News C... ___,___,__~"^~C'__~___~__~,..,.. _.___.____ V-AVd evbilJ- N15TU 4/1712009 Naples Daily News Naples, FL 34102 ?r:"f7 , 17n Affidavit of Publication Naples Daily News - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,~ - - - - - - - - - - - - - - - - - - ,~ - - + - - - - - - - - - - - - - - - - - - - - - - - - BCC/CDES BUDGET OFFICE S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068784 59572182 4500106328 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 sald 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: 04/17 04/17 AD SPACE: FILED ON: 140 LINE 04/17/09 Signature of Affiant NonCE Of INTlNT1'CI cGN$IN.R ~ NOtIce is 2008 In Bl.lI(dlng, East T gf, BOARD OF COUNTY COMMISSIONERS COLLIER COUNT\'. FL.ORI,l).l)A, , DONNA FIALA. CHAJR~ DWlc:lWT E. BROCLClIRK ,~~'sa pj)lllfId.Deputy Clerk ~ , ~nt~l Sworn to and Subscribed day 0 tOp."-LO CU", Personally known by me C_klC~ Q 2 OCe] '-M.t'V'I.~lWHi\NE~A MCDONAL[! :.: :.: ~mlsslon DO 650475 \~"; ~(k} Expires June 29, 2011 "~';f,jff.:t~~~. Bonded Thru !roy Fain Insurance 800.385-7019 17n ORDINANCE NO. 2009- 1 8 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2001-43, AS AMENDED (THE V ANDERBIL T BEACH BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION THREE, PURPOSE AND GOVERNING BODY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, on July 31, 2001, the Board of County Commissioners adopted Ordinance No. 2001-43, establishing the Vanderbilt Beach Beautification Municipal Service Taxing Unit; and WHEREAS, the Vanderbilt Beach Beautification Municipal Service Taxing Unit Advisory Committee requested that the Board of County Commissioners amend and revise Section Three of Collier County Ordinance No. 2001-43; and WHEREAS, on April 28, 2009, the Board of County Commissioners as the governing body of the Vanderbilt Beach Beautification Municipal Service Taxing Unit approved the amendment to Ordinance No. 2001-43. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 2001-43, as amended, is hereby further amended to read as follows: SECTION ONE: Amendment to Section Three Purpose and Governing Body Section Three, Purpose and Governing Body of Collier County Ordinance No. 2001-43 is hereby amended to read 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 median strips and right-of-way edges of roadways within the MSTU; (2) Providing traffic calming improvements, street lighting, and sidewalks within the MSTU; (3) Beautification and maintenance of other public areas within the MSTU as determined by the Advisory Committee; and (4) providing for the Burial of Power Lines within the MSTU, including providing underground trenching and burial of utility lines from the street or transformer to private residences and. as needed. arranging to locate the burial of such power lines alongside any existing utility easements but excluding the expenditure of MSTU funds for any additional wiring or installation of improvements or upgrades to connect service to 1 Underlined words are added; Struck Through words are deleted. 17D residences required by current code or resulting from any other hardware nonconformity. 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 this 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, Florida. The sections of the 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 FOUR: Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this :<.. ('- day Of~, 2009. ).\\'j Ii" ATTEST.'~'~ "C)'J . [~t~,':I)' ... DWIGHT:~~:aR6C'i~.~1~rk :' ~"-l' ~.'..., '., .~~ ~~~ . ' uty-t,ierK'.- ( , ' r . \... . -u., ":'~', If.ltill.,.", Lr BOARD OhCOUNTY COMMISSIONERS OF COLJr1R COUNTY, F~RIpA By: y~ ~4 DONNA FIALA, CHAIRMAN Approved as to form and ~ffiCien( J U ;(~I Scott R. Teach Deputy County Attorney 2 Underlined words are added; Struck Through words are deleted. 17D 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 2009-18 Which was adopted by the Board of County Commissioners on the 28th day of April, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of May, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of. County Commissione'x~". '/,'/ " .' , ~ ,:J~'r ClutL ~;,.""~~C:.:. :",,, ~_.l "..- , .. , , By: Ann Jennejotm,'" Deputy Clerk;:,:', j .'~ .J " 'Il ... '.