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Ordinance 87-069 ORDINANCE NO. 87- 69 AN ORDINanCE CREATING THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTHs. THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FRO--M OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING' /.~FOR OFFICERS, QUORUM, RULES OF PROCEDURE; ~'~_/PROVIDING FOR REIMBURSEMENT OF EXPENSES; ETTING FORTH THE FUNCTIONS, POWERS AND DUTIES '~ ,~F THE COMMITTEE; SETTING FORTH THE DUTIES OF THE PUBLIC WORKS ADMINISTRATOR; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "Board") on July 22, 1986, passed and duly adopted Ordinance No. 86-34 creating the Lely Golf Estates Beautification Municipal Service Taxing Unit (hereinafter referred to as the "Unit") for the purpose of beautifying and maintaining median strips of streets and certain other public areas lying within the Unit boundaries; and WHEREAS, the Board adopted Resolution No. 86-118 on July 22, 1986, ordering and calling a referendum election of the qualified electors of the Unit to be held on November 4, 1986 to approve the levy of an ad valorem tax millage not to exceed one-quarter (1/4) mill; and WHEREAS, the referendum election was held on November 4, 1986, and the qualified electors approved the levy of ad valorem taxes not to exceed one-quarter (1/4) mill for the purpose of beautifying and maintaining median strips of streets and certain other public areas lying within the Unit; and WHEREAS, said Ordinance No. 86-34 provides that the Board shall by ordinance designate an Advisory Coramittee composed of residents from within the Unit with advisory authority in the business affairs of the Unit and such other duties as may be assigned from time to time by the Board of Governors of the Unit; and WHEREAS, Ordinance No. 86-41~ passed and adopted by the Board on August 5, 1986, established standards for creation and review of county boards. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COmmISSIONERS OF COLLIER COUN%~f, FLORIDA: SECTION ONE. Creation of the Lely Golf Estates Beautification Advisory Committee. This Ordinahce is enacted pursuant to Ordinance No. 86-34 enacted by the Board of County Commissioners on July 22, 1986, creating the Lely Golf Estates Beautification Municipal Service Taxing Unit in Collier County, Florida, and providing for an advisory group to advise the Board of County Commissioners in matters pertaining to the Unit. There is hereby created the Lely Golf Estates Beautification Advisory Committee, hereinafter referred to as the "Committee". SECTION TWO. Appointment and Composition. A. The Committee shall consist of five (5) members which generally represent the residents of the Unit as described in Ordinance No. 86-34, as amended. B. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within the Unit and electors of Collier County. C. Appointment '~f members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. SECTION THREE. Terms of Office. The initial terms of office of the Committee shall be as follows: ~. 4 A) Three (3) members shall be appointed for a term of two (2) years. B) Two (2) members shall be appointed for a term of three (3) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION FOUR. Removal From Office; Failure to Attend Meetings. A) Any member of the Committee may be removed from office by a majority vote of the Board of County Commissioners. 2 B) If any member of the Committee fails to attend two (2) consecutive Committee meetings without a satisfactory excuse or if a member is 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 of County Commissioners. SECTION FIVE. Officers; Quorum; Rules of Procedure. A) At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among the members. Officers' terms shall be for one (1) year, with eligibility for reelection. 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 meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX. Reimbursement of Expenses. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners· · SECTION SEVEN. Functions, Powers and Duties of the Committee. The functions, powers and duties of th~ Committee shall be as follows: A) To aid and assist the Board of County Commissioners in carrying out the purpose of beautifying and maintaining the median strips of streets and certain other public areas within the Unit. 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 Municipal Service Taxing Unit for the next fiscal year. In carrying out this responsibility, the ComMittee shall, no later than April 1st of each year meet with the Collier County Public Works Administrator or his Designee and outline to the Administrator those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information the Administrator or his Designee shall prepare a proposed budget for the Unit in accordance with standard county guidelines regarding the preparation of budgets. 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 of County Commissioners for adoption in accordance with the procedures for the adoDtion of budgets set forth under general law and Board of County Commissioners' policy. Should the 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 of County Commissioners. C) The Committee shall recommend work programs and priorities to the County Public Works Administrator or his Designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners 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. D) The Committee may adopt and amend ~'Guidelines" to govern their operation and the operation of the Municipal Service Taxing Unit, subject to approval by the Board of County commissioners. SECTION EIGHT. Duties of the Public Works Administrator or His Designee. The duties of the Public Works Administrator or his Designee shall be: A) To administer the activities of the Municipal Service Taxing Unit in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B) To prepare the annual budget in accordance with Section Seven, Paragraph B, above. C) Provide periodic written reports to the Committee, the County Manager and the Board of County Commissioners on the activities of the Municipal Service Taxing Unit and its finances in accordance with established guidelines of the Board of County Commissioners or the Committee. D) Attend all Committee meetings. SECTION NINE. Review Process. This Committee shall be reviewed once every four (4) years commencing with 1991, in accordance with the procedures contained in Ordinance No. 86-41. SECTION TEN. 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 the 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 affect the validity of the remaining portion. SECTION ELEVEN. 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 8thday of September , 1987. ~,~ .... u ~ BOARD OF COUNTY COMMISSIONERS ..'.ATTEST? ~> . COLLIER COUNTY, FLORIDA "'.~ '.:. Virg~.?agri, Deputy Clerk MAX A. ~HAS~E J~. ,/Chairma~ Approve'dxas to form and legal s .~f..~.i...ofe ~ cy: David C. Weigel~J Assistant County Attorney '~Is ordlnonce filed w~t~ t~e Secretary of Stc~e's Office t~e ond oc~ledgement ~f that filing~ece~ved tC~ day of ~, /~ 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: ORDINANCE 87-69 which was adopted by the Board of County Commissioners on the 8th day of September, 1987 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 8th day of September, 1987, JAMES C. GILES'.'. ........ Clerk of .CO.'u'~is~.and Ex-o f f ic io~"t~l:'Bo ~r d, of'-. County C. o~'i:i~ i o n e r ~' ' By: Virgini% 3MagPi Deputy' ~.2~,}j