Ordinance 87-039ORDINANCE NO. 87- 39
AN ORDINANCE RELATING TO THE WESTLAKE BEAUTIFICATION
MUNICIPAL SERVICES TAXING UNIT; REAFFIRMING THE CREA~/ON
AND APPOINTftENT OF THE WESTLAKE BEAUTIFICATION MUNICIPAL
SERVICES TAXING UNIT ADVISORY COMMITTEE; PROVIDING ~TOR
APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS~'OF
OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO
ATTEND M~ETINGS; PROVIDING FOR QUORUM, RULES AND PROCEDURE;
PROVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING FORTH THE
FUNCTIONS, POWERS AND DUTIES OF THE CO~fi~ITTEE; SETTinG
FORTH THE DUTIES OF THE PUBLIC WORKS ADMINISTRATOR OR H~S
DESIGNEE; PROVIDING FOR A REVIEW PROCESS; PROVIDING FOR
CONFLICT AND SEVERABILITY; AMENDING SECTION ONE OF
ORDINANCE NO. 76-58, W~ICH CREATED THE WESTLAKE
BEAUTIFICATION MUNICIPAL SERVICES TAXING UNIT, BY RAISING
THE TAX LIMIT FROM $1,000.00 to $2,000.00; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (hereinafter referred to as
the "Board") on the 14th day of December, 1976, passed and duly adopted
Ordimance No. 76-58 creating the Westlake Beautification Municipal Service
Taxing Unit (hereinafter referred to as the "M.S.T.U.") for the purpose of
beautifying and maintaining the street right-of-way along the perimeter wall
and certain other maintenance and repairs related thereto; and
WHEREAS, the boundaries of the M.S.T.U. were described as ~;estlake Unit
No. ! as recorded in Plat Book 10, Page 87 and Weatlake Unit No. 2 as recorded
in Plat Book 10, Page 94 of the Public Records of Collier County, Florida; and
WHEREAS, the M.S.T.U. had the authority to levy a tax millage not to
exceed one/third (1/3) mill'or a total of $1,000.00 which ever is smaller, in
any one fiscal year; and
WHEREAS, on January 19, 1987 the Westlake Civic Association met and voted
unanimously to request the Board of Cou6ty Commissioners to consider for
adoption, revision of Ordinance No. 76-58 so as to revise Section One,
Paragraph 2. to state ..."Said Taxing Unit shall have the authority to levy ad
one fiscal year.", and
WHEREAS, the Board, on the 5th day of AuEust, 1986, passed and duly
adopted Ordinance No. 86-41 establishing standards for creation and review of
County Boards and providing a policy declaration; and
WHEREAS, the Board was established as the governing bo~y with the power
and duties to conduct the affairs of the M.S.T.U. as prescribed by Florida
Statutes; and
WHEREAS, said Ordinance No. 86-41 required the Board, by Ordinance, to
designate an Advisory Committee composed of residents from within the M.S.T.U.
with advisory authority in the business affairs of the M.S.T.U. and such other
duties as may be assigned from time to time by the Board o~ Governors of the
M.S.T.U.;
NOW, THEREFORE, BE IT OFDAIN£D BY ~{E BOARD OF COUNTY COMMISSIONERS OF
COLLIE~ COUNTY, FLORIDA that:
SECTION ONE: Reaffirms the Creation and Appoint~ent of the Wes~lake
Beautification District Advisor~ ~ommittee.
This Ordinance is enacted pursuant to Ordinance No. 76-58 & No. 86-41
creating the Westlake Beautification Municipal Services Taxing Unit in Collier
County, Florida, and providing for an advisory group to advise the Board in
mmtters pertaining to the District.
There is hereby reaffirms the creation and appointment of the Weatlake
Beautification M.S.T.U. Advisory Committee, hereinafter referred to aa the
"Co~mit t es".
SECTION TWO: Appointment and Composition.
A. The Committee shall consist of the five (5) officeru of the Westlake
Civic Association Board which represents the residents of the area within
the Westlake Beautificatio~ M.S.T.U. and are interested in the concerns
for which the M.S.T.U. was created.
B. Members of the Committee shall be appointed by and serve at the pleasure
of the Board. Said members shall be permanent residents of the M.$.T.U.
and electors of Collier County.
C. Appointment of members to the Com~u%ttee shall be by resolution of the
Board, which resolution shall set forth the date of appointment and the
term of office.
SECTION THREE: Terms of Office.
The terms of office of the Committee shall run concurrently with the one
Board.
SECTION FOUR: Removal From Office~ Failure to Attend Meetin~s.
A. Any member of the Committee may be removed from office by a unanimous
vote of the Board.
B. If any member of the Committee fails to attend t~o (2) consecutive
Committee meetings without a satisfactory excuse or if a member ia absent
from more than one-half (~) of the Committee's meetings in a given fiscal
year, the Committee shall declare the member's seat to be vacant and the
vacancy shall be filled by the Board.
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SECTION FIVE: quorum} Rules of Procedure..
A. The presence of three (3) or more members shall constitut~ a quorum of
the Committee necessary to take action and transact business. In
addition, an affirmative vote of three (3) or more members shall be
necessary in order to take official action, regardless of whether three
(3) or more members of the Committee are present at the meeting.
B. The Committee shall, by majority vote of the entire membership, adopt
rules of procedure for the transaction of business and shall keep a
'~ecord of meetings, resolutions, findings and determinations.
SECTION SIX: Reimbursement of Expenses.
Members of the Committee shall serve withou~ compensation, but shall be
entitled to receive reimbursement for expenses reasonably incurred in the
performance of their duties upon prior approval of the Board.
SECTION SEVEN: Functions, Powers and Duties of the Committee.
The functions, powers and duties of the Committee shall be as follows:
To aid and assist the Board in carrying out the purposes of the M.s.T.u.
as set forth in County Ordinance No. 76-58 and this Ordinance.
To prepare and recommend to the Board an itemized budget of the amount of
money required to carry out the business of the M.S.T.U. for the next
fiscal year.
1. In carrying out this responsibility, the Committee shall, no later
than April ist of each year meet with the Collier County Public
Works Administrator or his designee and outline to the Adm/nistrator
or his designee these projects ~hich the Committee wishes to see
accomplished during the next fiscal year.
2. Based upon this information the Administrator shall prepare a
guidelines regarding the preparation of budgets.
3. This proposed budget shall then be reviewed by the Committee and
upon approval by the Committee be transmitted through the Public
Works Administrator to the Board for adoption in accordance with the
procedures for the adoption of budgets set forth under general law
and Board's policy.
4. Should :he Committee fail to approve a budget by June 1st of each
year, the County Manager shall be authorized to submit a proposed
budget to the Board.
,oo 027 105
C. The Committee may adopt and amend "Guidelines" to govern their operation
and the operation of the M.S.T.U., subject to approval by the Board.
D. The Committee shall reco~eud work programs and priorities to the County
Public Works Administrator in accordance with the adopted budget or
budget amendments which rnny be adopted by the Board in accordance with
law. The execution of work programs shall be under the direct
supervision and responsibility of the Public Works Administrator or his
designee. Said work may be performed under contract (in accordance with
law) or by County forces.
SECTION EIGHT: Duties of the Public Works Administrator or his Designee.
The duties of the Public Works Administrator or his designee shall be as
follows:
A. To administer the activities of the M.S.T.U. in accordance with
established policies of the Board and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section Seven, Paragraph
B, abovs.
C. Provide reports as required to the Committee, the County Manager and the
Board on the activities of the M.S.T.U. and its finances in accordance
with established guidelines of the Board or the Committee.
SECTION NINE: Review Process.
This Committee shall be reviewed once avery four (4) years commencing
with 1991, in accordance with the procedures contained in Ordinance No. 86-41.
SECTION TEN: Conflict and Severabilit~.
In the event this Ordinance conflicts ~ith 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
distinct and independent provision and such holding ~hall not affect the
validity of the remaining portion.
SECTION ELEVEN: Amendment of Section One of Ordinance No. 76-58~ W~ich
Created The Westlake Beautification Municipal Services Taxin~ Unit, By Raisins
the tax limit from $i,000.00 to $2,000.00.
Ssction One of Ordinance No. 76-58 is hereby amended to read aa follows:
Note:
Words underlined are added to existing Ordinance; words struck
through are deletions from existing Ordinance. ~_
SECTION ONE: Creationp Purpose, Taxin~ Authority.
I. The Westlake Municipal Services Taxing Unit is hereby created, with
boundaries described as follows:
Westlake Subdivision Units I and II as recorded in Plat Book 10,
Pages 87 and 94, Official Records of Collier County, Florida.
2. The Taxing Unit hereby created and established is for the purpose of
beautifying and maintaining the street right-of-way along the perimeter wall
and certain other maintenance and repairs related thereto. Said Taxing Unit
shall have the authority to levy ad valorem taxes aa prescribed by law not to
exceed o~-~hi=d-mlll-or a total of ~rt-,q}O~.4}O $2,000.00,-w~i~e~-}m-smaSLer,
in any one fiscal year.
SECTION TWELVE: Effective Date.
This Ordinance shall become effective upon receipt of notice form the
Secretsry 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 19thday of May , 1987.
BOARD OF COUNTY CO~R4ISSIONERS
COLLIER COUNTY, FLORIDA
ftlin4~ r~:~ved ~ day
o~~ /~7. ?,7 '
Note:
Words underlined are added ~o existing Ordinance; words struck
through are deletions from existing Ordinance.
107
'STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
ORDI~fANCE NO. 87-39
which was adopted by the Board of County Commissioners on the
19th day of May, 1987, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st
day of May, 1987.
JAMES C. GILES
Clerk of Courts and
Ex-officio to the Boa,~d
County Commissioners
' /'/,;..',,
L~uise Chesonis Deputy Clerk