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Ordinance 92-039 ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO · AB AMENDED, CREATING THE IMMOKALEE LIGHTING AND ION DISTRICT IN COLLIER COUNTY~ FL~RID~ THE ORDINANCE TO REMOVE BEAUTIFICATIONFRO~ NAMEr RESPONSIBILITIES ~ND DUTIES OF THE DI~TRIC~ ITS GOVERNING BODY; PROVIDING FOR CONFLI~ AND ; AND PROVIDING AN EFFECTIVE DATE. ~ the Board of County Commissioners on ctob 25~i~ 1977, adopted Collier County Ordinance No. 77-52, ~eati~ the Immokalee Lighting and Beautification Hunicipal Service Taxing Unit for the purpose of providing street lightinq 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, providing for functions, powers and duties of the Committee; and W~EREAS, the Board of County Commissioners on January 23, 1990, adopted Collier County Ordinance No. 90-8, revising the membership of the Immokalee Lighting and Beautification Advisory Committee from seven members to five members; and WHEREAS, the Board of County Commissioners on February 27, 1990, adopted Collier County Ordinance No. 90-19, revising Section Five of Ordinance No. 77-52 by providing for and further defining the purpose of the Immokalee Lighting and Beautification District; and WHEREAS, on February 20, 1990, the Immokalee Lighting and Beautification Advisory Committee had met and approved a motion to recommend to the Board of County Commissioners that Collier County Ordinance No. 77-52 be modified so as separate the Lighting District from the Beautification District, thereby making both Districts separate, but having identical district boundaries and retain the current Advisory Committee composition and make-up only for the Beautification District, and the Board having heard said recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE~ Amendment of Section Two of Collier County ordinanc. No. 77-52. Words ~ are added~ words s~ru=k-~hrou~h are deleted. ~ection Two of Collier County Ordinance No. 77-52 is hereby a=an~ .to read ~l~lis ? ~ Ordl~H~6 ' creates the Immokalee Lighting end Beaa~&~iee~ien District as a municipal service taxing or benefit unit pursuant to §125.01(q) and §125.01(r) of the Florida Statutes. SECTION TWOI Amendment of Section Three of Collier County Ordinance No. 77-52. 'Section Three of Collier County ordinance No. 77-52 is hereby amended to read as follows: All that land located in Collier County, Florida, and specifically described as: The South 1/2 of the South 1/2 of Section 29, South 1/2 of the Southeast 1/4 of Section 30, the Northeast 1/4 of Section 31~ all of Section 32~ all of Section 331 the Southwest 1/4 of Section 34~ and the South 1/2 of the Southwest 1/4 of Section 28~ all in Township 46 South, Range 29 East. The Southeast 1/4 of Section 3, the West 1/2 of Section 3~ all of Section 4; the Northwest 1.4 of Section 5, the East 1/2 of Section 9 and the Southwest 1/4 of the Northeast 1/4 of Section 11~ all in Township 47 South, Range 29 East. is hereby created and established as a lighting district known as the Immokalee Lighting District, hereinafter called the District. SECTION T~REE~ Amendment of Section Five of Collier County Ordinance No. 77-52, as amended. Section Five of Collier County Ordinance No. 77-52, as emended, is hereby amended to read as follows: The District is formed for the purpose of providing street lighting, within the property above described, and to that end shall possess all the powers to do all things reasonably necessary to provide such services, including ownership - 2 - Words~ are added~ words s~raek-~hreagh are deleted. of property, poles, wires, conduits, lights, meters, and the power to maintain the same and to enter into contracts for providing the same and the electric current to operate any lighting system therein installed, BECTION-FOUR: 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 be constr%~ed as to render invalid or unconstitutional the remaining provisions of the Ordinance. BZCTION FIVe: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this . day of ~ , 1992. ' ~ g~ ~ BOARD OF COUNTY COMMISSIONERS C..G~-~ Clerk COLLIER COUNTY, FLORIDA BY: · Clerk Michael J. pc, Chairman .,:. ~%~'~" Approved as to form and lsgal sufficiency:  This o~lno~e flied wl~ ~e /..~ o , !'~ o~ ock~~ Assistant County Attorney f~ received ~ ~y HE~/mfb/703? Words under~ined are added; words str~ek-thr~h- are deleted. !iSTATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts tn and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing 'Is a true copy of: Ordinance No. 92-39 which was adopted by the Board of County Commissioners on the 9~h day of June, 1992, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of June, 1992. JAMES C. GILES Clerk of Courts and Clerk(" · ' Ex-off,cio to Board of ' County Commissioners ' Deputy Clerk , ! '.