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Ordinance 2010-17 ORDINANCE NO. 2010- 1 7 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-40, AS AMENDED, WHICH CREATED THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA; AMENDING SECTION FIVE, "PURPOSE," TO INCLUDE SIDEWALKS, STORMWATER AND DRAINAGE IMPROVEMENTS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; CONFLICT AND SEVERABILITY; AND AN EFFECTIVE DATE. " .. . ~ WHEREAS, the Board of County Commissioners, on June 9, 1992, adopted Collier County Ordinance No. 92-40, which 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, on July 28, 2009, adopted Collier County Ordinance No. 2009-39, amending Ordinance No. 92-40 and expanding the boundaries of the MSTU; and WHEREAS, on January 27, 2010, the MSTU Advisory Committee moved to include sidewalks, stormwater, and drainage improvements in Section Five, "Purpose," of Ordinance No. 92-40, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that that Collier County Ordinance No. 92-40, as amended, is hereby further amended to read as follows: SECTION ONE: AMENDMENT TO SECTION FIVE, PURPOSE. Section Five, "Purpose," of Collier County Ordinance No. 92-40, as amended, is hereby amended to include stormwater and drainage improvements, as follows: SECTION FIVE. PURPOSE. The Unit hereby established is for the purpose of doing all things reasonably necessary in connection with landscape beautification, including providing for pavement, curb1! and sidewalk1! ffiedifieatisHs, installation of irrigation. stormwater and drainage facilities and related amenities, and associated landscaping improvements and maintenance thereof, as permitted by the responsible govemmental agency for that portion of the road rights-of-way of SR 29 and CR 846 I Words Underlined are added; Words StFUok Through are deleted. (South I st Street) which pass through the commerciaI/business areas in Immokalee, and certain other public areas as may be recommended by the Advisory Committee and/or determined by the Board of County Commissioners. 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 DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 13th day of April, 2010. ATTEST:' DW~GtfTj;t' SR,OCK, CLERK ,:- . ~..' , .'. :,'/~~:,~'~~ B.~~{~~~W1~)~IQ. (J.( . " ~ . .tPltln ,~ Approveaas.t0'trm and legal sufficiency: ~'/l-i? )~ Scott R. Teach ~ Deputy County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA .'Il.& {,) t<>-::-\~\J, FRED COYLE, CHAIRMAN By: This ordinance filed with the ,~ry of Alple'; Office the _ day of TIL, a-Ol Q and ac:lcnowledgemero.. PI- that fili~_ .-'this~day ~of n ~ By ~ . q( . c .. 2 Words Underlined are added; Words Stmel, Tho.ugh 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 2010-17 Which was adopted by the Board of County Commissioners on the 13th day of April, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of April, 2010. DWIGHT E. BROCK Clerk of Courts and ~,}~j7k. Ex-officio to Boa,rd~',:c5:(" I County Commissiol\e.:tjl:";' , - :' ,:::~-,. ;.... "', ::r6.:c,' ", ",'~' '. By: Ann Jennejohn, Deputy Clerk ,