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Ordinance 2024-03 ORDINANCE NO. 2024 - 0 3 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2006-56 (THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT); PROVIDING FOR A SECTION CREATING THE ROCK ROAD IMPROVEMENT ADVISORY COMMITTEE, APPOINTMENT AND COMPOSITION; PROVIDING FOR THE TERMS OF OFFICE OF THE ADVISORY COMMITTEE; AND PROVIDING FOR OFFICERS OF THE ADVISORY COMMITTEE, QUORUM AND RULES OF PROCEDURE; PROVIDING FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, on November 28, 2006, the Board of County Commissioners adopted Ordinance No. 2006-56,establishing the Rock Road Improvement Municipal Service Taxing Unit; and WHEREAS,on June 14, 2011,the Board of County Commissioners(Board) subsequently amended Ordinance No. 2006-56 through its adoption of Ordinance 2011-22 which revised the geographical boundaries of the MSTU and created an advisory committee to review and recommend work programs and priorities to accomplish the MSTU's purpose; and WHEREAS, on March 28, 2017, the Board amended Ordinance No. 2006-56 through its adoption of Ordinance 2017-09 which dissolved the Rock Road Improvement MSTU advisory committee after the priority to pave the northern mile of Rock Road was accomplished; and WHEREAS, the residents of the Rock Road MSTU believe there are other priorities to address and at a public meeting on February 8, 2023, reached a consensus to request the Board establish a new advisory committee to continue review and recommendations of work programs and priorities to accomplish the MSTU's purpose. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that Collier County Ordinance No. 2006-56 is hereby amended as follows: [23-ATM-00584/1841071/1] Page 1 of 4 SECTION ONE: Creation of the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee, Appointment and Composition. A. There is hereby created and established the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee, hereinafter referred to as "Committee." B. The Committee shall consist of five (5) 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. Three members shall be permanent residents within the MSTU and electors of Collier County. Two members may be owners of residential or commercial property within the MSTU or an appointed representative of a business located within the MSTU and an elector of Collier County. An owner of residential or commercial property may be an individual, an officer of a corporation, or a partner of a partnership. The Board of County Commissioners shall consider appointment of members from different parcels,subdivisions and/or the communities within the MSTU. C. Appointment of the members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of the appointment and the term of office. D. Members of the Committee shall serve without compensation. SECTION TWO: Terms of Office of the Committee. The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a term of two (2) years. B. Three (3) members shall be appointed for a term of three (3)years. Thereafter, each appointment or reappointment shall be for a term of three (3) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION THREE: Officers of the Committee, Quorum and Rules of Procedure. A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among its members. Officers' terms shall be for one (1) year, with eligibility for re-election. [23-ATM-00584/1841071/1] Page 2 of 4 B. The presence of three (3) or more members shall constitute a quorum of the Committee necessary to take action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of the meetings, resolutions, reports and exhibits, findings and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. D. Committee members attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 2001-55, as it may be amended or by its successor ordinance. SECTION FOUR: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the MSTU as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April 1st of each year., meet with the County Manager or his designee and outline to the County Manager or his designees those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information,the County Manager or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Manager or his designee to the Board of County Commissioners for adoption in accordance with the procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve the budget by June Pt of each year,the County Manager or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee shall recommend work programs and priorities to the County Manager or his designee in accordance with the adopted budget or budget amendment which may be adopted by the Board of County Commissioners. The execution of work programs shall be [23-ATM-00584/1841071/1] Page 3 of 4 under the direct supervision and responsibility of the County Manager or his designee. Work may be performed under contract (in accordance with law) or by County staff. D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the MSTU, subject to approval by the Board of County Commissioners. SECTION FIVE: 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 this 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 SIX: 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- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVEN: 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 23rd day of January, 2024. ATTEST: Crystal K. K,in2811l rk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Aff6111164, By: ..: .a�`/ By: Attest as o a+ d pit Cl- �� is Hall Chairman sign-ture onl�� y " ' t‘ Approve. •• t, ,Y - , • This ordinance filed with the cre ary of St {e's Office tfie day of Jeffrey K ko 1 , County Attorney ©nd acknowledgement o that filmn• receive• this day [23-ATM-00584/184 171/1] Page 4 of 4 o • ;• ' By .I' owls sF „ixt z a r FLORIDA DEPARTMENT of STATE RON DESANTIS CORD BYRD Governor Secretary of State February 2, 2024 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Ms. Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of corrected Collier County Ordinance No. 2024-03, which was filed in this office on February 2, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270