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Ordinance 87-078 ORDINANCE NO. 87- 78 AN ORDINANCE CONFIRMING THE CREATION OF THE GOLDEN GATE PARKWAY BEAUTIFICATION ADVISORY ~-~ COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFICE; --~ ~ .~ROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO °'~' ~ °~END MEETINGS; PROVIDING FOR OFFICERS, QUORUM, · ,°:~ ~, ~:.~ULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF ~ ~ -3~PENSES; SETTING FORTH THE FUNCTIONS, POWERS ~J ~ ~D DUTIES OF THE ADVISORY BOARD; SETTING ~ f~E~RTH THE DUTIES OF THE COLLIER COUNTY PUBLIC ~ "~0RKS ADMINISTRATOR; PROVIDING FOR REVIEW; ~ ~ROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ~HEREAS, the Board of County Commissioner~ of Collier County, Florida, on December 20, 1983 adopted Collier County Ordinance No. 83-55 creating the Golden Gate Parkway Beautification Municipal Service Tax Unit for the purpose of providing curbing, watering facilities, plantings and maintenance for that portion of Golden Gate Parkway lying between Santa Barbara Boulevard and County Road 951; and WHEREAS, pursuant to Ordinance No. 83-55 the Board of County Commissioners adopted Resolution No. 84-124 on July 17, 1984 creating the Golden Gate Parkway Beautification Advisory Committee; and WHEREAS, County Ordinance No. 86-41 established standards for creation and review of county advisory board; and WHEREAS, the Board of County Commissioners desires the recommendations and advice of an advisory board regarding the beautification and maintenance of the Golden Gate Parkway. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Confirm the Creation of the Golden Gate Parkway Beautification Advisory Committee This Ordinance is enacted pursuant to Ordinance No. 86-41 to confirm the creation of the Golden Gate Parkway Beautification Advisory Committee, hereinafter referred to as the "Committee". SECTION TWO. Appointment and Composition The Committee shall consist of five (5) members which representation shall consist of with one (1) member from each of the five (5) voting precincts which are located within the Unit. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be residents and electors within the boundaries of the Golden Gate Parkway Beautification Municipal Service Taxing Unit (hereinafter referred to as "Unit"). i Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment, the term of office and the voting precinct the member resides within. SECTION THREE. Terms of Office The initial terms of office of the Committee members shall be as follows: Members appointed from precincts 119 and 120 for a term of three (3) years. Members appointed from precincts 121 and 126 for a term of two (2) years. Member appointed from precinct 127 for a term of one (1) year. 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 Any member of the Committee may be removed from office by a majority vote of the Board of County Commissioners. If any member of the Committee fails to attend three (3) consecutive Committee meetings without a satisfactory excuse, or if a member is absent for more than one-half of the Committee's meetings in a given calendar 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. Qfficers~ Quorum~ Rules of Procedure A) At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among the 028 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, and determinations. ~o~ies of all resolutions, findings Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX. Compensation Members of the Committee shall serve without compensation, but may 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. Functionst Powers and Duties of the Committee The functions, powers and duties of the Committee shall be as follows: A) To aid and assist the Board of County Commissioners in carrying out the purposes of the Unit as set forth in County Ordinance No. 83-55. 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 Committee for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April 1st of each year meet with the County Public Works Administrator or his Designee and outline to the Administrator those projects which Committee wishes to see accomplished during the next fiscal year. Based upon this information the Administrator or his Designee shall prepar~ 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 adoption of budgets set forth under general law and Board of County Commissioners' policy. Should the Committee fail to approve a. budget by May 1st of each year, the County Manager shall be authorized to submit a proposed budget to the Board of County Commissioners. C) The Committee may adopt and amend "guidelines" to govern their operation and the operation of the Unit, however, such guidelines shall not be inconsistent with ~his ordinance, Ordinance No. 86-41, or the ordinance establishing the Unit, and shall be subject to approval by the Board of County Commissioners. D) The Committee shall recommend work programs and priorities to the County Public Works Administrator 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. SECTION EIGHT. Duties of the County Public Works Administrator The duties of the County Public Works Administrator shall be: A) To administer the activities of 'the 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 7, 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 Unit and its finances. D) Attend all Committee meetings. SECTION NINE. Review Process This Committee shall be reviewed once every four (4) years commencing with 1989, in accordance with the procedures contained in Ordinance No. 86-41. SECTION TEN. Conflict and Severabilit¥ 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 cou~c 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 ~ay of ~~ . , 1987. ' · ..JAMES.'.C¥.. GILES, Clerk ~ .' ... . ~ .,-. , '~ ' hpproved'~a~ togfom and Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MAX A~ HASSE, JR., Chairman STATE OF FLORIDA ) CO[~TY 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 87-78 which was adopted by the Board of County Commissioners on the 6th day of October, 1987 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of October, 1987, JAMES C. GILES Clerk of Courts and Clerk Country Commissioners ~j~\~. ~t~.. By: Virginia Magri'~ Deputy Clerk