Agenda 04/22-23/2008 Item #17G
Agenda Item No. 17G
April 22, 2008
Page 1 of6
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EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Collier County Ordinance No.
97-82, as amended, which created the Bayshore Avalon Beautification Municipal
Service Taxing Unit; Amending section two (2) to delete the word Avalon from the
name of the MSTU; Amending section six (6) to increase the membership of the
Advisory Committee from five (5) members to seven (7) members and to delete the
word Avalon therein; Amending section eight (8) to reflect an increase to the
number of advisory committee members necessary to constitute a quorum;
Providing for conflict and severability; Providing for inclusion in the Code of Laws
and Ordinances; and Providing for an effective date,
OBJECTIVE: For the Board of County Commissioners to adopt the attached
ordinance, which amends Collier County Ordinance No. 97-82, as amended, the
Bayshore Avalon Beautification Municipal Service Taxing Unit (hereafter the "MSTU")
to delete the word "Avalon" from the title of the MSTU and to increase the membership
of the Advisory Committee from five (5) members to seven (7) members and to reflect
the increase thereby to obtain a quorum.
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CONSIDERATION: The MSTU is recommending that Collier County Ordinance No.
97-82, as amended, be amended to increase the membership of its Advisory Committee
from five (5) to seven (7) members and to amend the name of its MSTU by deleting the
word "Avalon." Removal of the reference to "Avalon" is appropriate because neither
Lake Avalon nor any other geographical reference using that title is known to exist within
the boundaries of the MSTU.
FISCAL IMPACT: There will be no fiscal impact rcsulting from the proposed
amendment to the ordinance.
GROWTH MANAGEMENT IMPACT: There IS no growth management impact
associated with this Executive Summary.
RECOMMENDA nON: That the Board of County Commissioners adopt the attached
Collier County ordinance that amends Collier County Ordinance No. 97-82, as amended,
also known as Bayshore Avalon Beautification Municipal Service Taxing Unit
Ordinance.
Prepared By: Darryl Richard, Project Manager, Department of Alternative
Transportation Modes
Attachment: Amended Ordinance
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Agenda liem No. 17G
April 22, 2008
Page 2 of 6
ORDINANCE No, 08-
AN ORDINANCE AMENDING ORDINANCE 97-82, WHICH
CREATED THE BAYSHORE AVALON BEAUTIFICATION
MUNICIPAL SERVICE TAXING UNIT; AMENDING SECTION
TWO (2) TO DELETE THE WORD AVALON FROM THE NAME
OF THE MSTU; AMENDING SECTION SIX (6)TO INCREASE
THE MEMBERSHIP OF THE ADVISORY COMMITTEE FROM
FIVE (5) MEMBERS TO SEVEN (7) MEMBERS AND TO DELETE
THE WORD AVALON THEREIN; AMENDING SECTION EIGHT
(8) TO REFLECT AN INCREASE TO THE NUMBER OF
ADVISORY COMMITTEE MEMBERS NECESSARY TO
CONSTITUTE A QUORUM; PROVIDING FOR CONFLICT AND
SEVERABLIITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Ordinance
97-82, which created the Bayshore Avalon Beautification Municipal Service Taxing Unit; and
WHEREAS, the Bayshore Avalon Beautification Municipal Service Taxing Unit Advisory
Committee voted to increase its membcrship /Tom five (5) to seven (7) members on January 23,
2008, and requested that the Board of County Commissioners amend and revise Collier County
Ordinance No. 97-82 accordingly; and
WHEREAS, on April 22, 2008, the Board of County Commissioners as the governing body
of the Bayshore Avalon Beautification Municipal Scrvice Taxing Unit approved amending
Ordinance No. 97-82 to reflect that increase in the Advisory Committee Membership and to remove
references to the name "Avalon" in the title of the MSTU and throughout the ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No.
97-82 is hereby amended to read as follows:
SECTION ONE: Creation of the Municipal Service Taxing Unit.
Section Two (2) of Collier County Ordinance No. 97-82 is hereby amended to read as
follows:
Agenda Item No. 17G
L\pril 22, 2008
Page 3 of 6
Beautification Advisory Committee; Appointment and Composition
Section Six (6) of Collier County Ordinance No. 97.82 is hereby amended to read as follows:
A. There is hereby crcated and established the Bayshore f. valOR Beautification Advisory
Committee, hereinafter referred to as the "Committee."
B. The Committee shall consist of five (5) seven (7) members which 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 permanent residents or
owners of residential or commercial property within the MSTU and electors of Collier County. An
owner or residential or commercial property may be an individual, an officer of a corporation or a
partner of a partnership. The Board shall consider appointment of members from different
subdivisions or communities within the MSTU.
C. Appointment of members to the Committee shall be by resolution of the Board of
County Commissioners, which resolution shall set forth the datc of appointment and the term of
office.
D. Members of the Committee shall serve without compensation, but shall be entitled to
receive reimbursement for expenses reasonably incurred in the performance oftheir duties upon prior
approval of the Board of County Commissioners.
SECTION THREE: Officers of the Advisory Committee; Quorum; Rules of Procedure.
Section Eight (8) of Collier County Ordinance No, 97-82 is hereby amended to rcad as
follows:
A. At its earliest opportunity, the membership of the committcc shall elect a chairman
and vice chairman from among the members. Officers terms shall be for one year, with eligibility for
re-election.
B. The presence ofthrce (3) four (4) or more members shall constitute a quorum of the
Committee necessarY to take action and transact business.
Agenda Item No. 17G
April 22, 2008
Page 4 of 6
member removal from office are governed by Ordinance No. 01-55, as amended, or by its successor
ordinance.
SECTION THREE:
ConOict 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 FOUR:
Inclusion in tbe Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances ofCoIlier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article."
or any other appropriate word.
SECTION FIVE:
Effective Date
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by motion and majority vote by the Board of County
Commissioners of Collier County, Florida, this 22nd day of April, 2008.
ATTEST:
Dwight E. Brock, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: DEPUTY CLERK
BY:
Tom Henning, CHAIRMAN
Approved as to form and legal sufficiency:
Item Number:
Item Summary:
Meeting Date:
Page I of 2
Agenda Item No. 17G
.April 22, 2008
Page 5 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17G
Recommendation to adopt an ordinance amending Collier County Ordinance No 97-82, as
amended, which created the Bayshore Avalon Beautification Municipal Service Taxing Unit;
Amending section two (2) to delete the word Avalon from the name of the MSTU; Amending
section six (6) to increase the membership of the Advisory Committee from five (5) members
to seven (7) members and to delete the word Avalon therein: Amending section eight (8) to
reflect an increase to the number of advisory committee members necessary to constitute a
quorum; Providing for conflict and severability: Providing for inclusion in the Code of Laws
and Ordinances: and Providing for an effective date.
412212008 90000 AM
Approved By
Darryl Richard
Transportation Services
Project Manager
Date
Alternative Transportation Modes
4110120088:34 AM
Approved By
Scott R. Teach
County Attorney
Assistant County Attorney
Date
County Attorney Office
4/10/20089:43 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
4/10120084:33 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
4/10/20084:37 PM
Approved By
Diane S, Flagg
Transportation Services
Director A TM Dire;:tor
Date
Alternative Transportation Modes
4/10/20084:38 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
4/10/20084:55 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
4111/20088:08 AM
Approved By
John A. Y onkosky
County Manager's Omce
Director of the Office of Management
Date
Office of Management & Budget
4/14f200B 12:21 PM
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Agenda Item No. 17G
April 22, 2008
Page 6 of6
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/15/20083:51 PM
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