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Ordinance 2009-39 ORDINANCE NO. 2009--lL 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 Struek Through are deleted. 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 SeHth ~~ ef the SeHth \~ of Saetiefl 29; the Se\:lth \~ of the SOHtheast ~<. of geetiofl 30; the Northeast \~ of Seetiofl 31; aU of SeetiOB 32; aU of Seetiofl 33; the SOHth':lest \~ ef SaetieB 31; and the SOHth ~~ oftha gOl:ltW.vest!<. ofSaetiefl28; aU in TOWBsmp 46 SmIth, RaBge 29 East. The SO\:ltReast ~~ of Seetiofl 3; the ~T est ~~ of SaetioB 3; all of Seetiofl1; the Northeast ~<. of SeetieR 5; the NeRh \~ ef the NeRh.west \~ of SeeKeR 5; the East \~ ef SaetieR 9; anti the SOl:ltR'.vest ~~ of the Northeast ~<. of SeetieB 11; all iB To'.'mship 47 geHth, 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. Range 30 East and 2 Words Underlined are added; Words Stmek Throagh are deleted. 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 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-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 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 Str1:lek ThreHgfl are deleted. BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~. FLORIDA . ~ By: ~ .,j~ DONNA FIALA, CHAIRMAN Approved as to foqn and '3:mi;Z ~ Scott R. Teach Deputy County Attorney This ordInance filed with the Stc..,tory of State's Office the ~day of 1\u1tJ!;.~ , 2co'f and acknowledgement of that flUI1Q received Ittia 't"" lO-ti\ day of~~~ DepUty c: \.; 4 Words Underlined are added; Words Stmek ThroMgh are deleted. Ii {~ I' \, ~ .1 Exhibit "A" 5 Words Underlined are added; Words Struek ThQ1:lgh are deleted. 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 anpClerk Ex-officio to Boa~d.cif County Commissioners By: Martha Deputy