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Ordinance 86-65ORDINANCE NO. 86 -65 AN O.RDINANCE CREATING THE IMMOKALEE LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY CC'.MMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF 0~FICE; ~ROVIDING FOR REMOVAL FROM OFFICE, FA~I]URE TO ATTEND MEETINGS; PROVIDING FOR bF~ICERS, QUORUM, RULES OF PROCEDURE; DING FOR REIMBURSEMENT OF EXPENSES; ~.~ING FORTH THE FUNCTIONS, POWERS ~/~D -~D~ES OF THE COMMITTEE; SETTING FORTH THE DUTy_ S OF THE PUBLIC WORKS ADMINISTRATOR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVe- DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, OF SECTION ONE. Creation of the Immokalee Lighting ~nd Beautifica- tion DistriCt AdVisory C0~ittee. This Ordinance is enacted pursuant to Ordinanc~ No. 77-52 enacted by the Board of County Co~ssioners on October 25, 1977, creating the Immokalee Lighting and Beautification District in Collier County, Florida, and providing for an advisory group to advise the BOard of County Co~issioners in matters pertaining to the Distr~ct. There is hereby create4 the Im~kalee Lighting and Beautifi-' cation Dimtrict A~visory Co~ittee, hereinafter referred to 'aI the "C~lttee"; SECTION TWO. Appointment and Cgmposttion. A. The Committee'.shall consist of seven (7) members which generally represent the population of the area .within' the I~mokalee Lighting and Beautification District and are interested in the concerns for which the District was created. 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 of the District and electors of Collier County. C. Appointment of members to the Com~ittee shall' b~ by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment an~ the term of office. ~ Terms of Office. The initial terms of office of the Committoe shall be as follows~ A) Four [4) ~embers shall be appointed for a term of two (2) years. B) Three (3) members shall be a~pointed for a term of three (3) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. A member of the Committee may be reappointed ~the Board of County Co~missioners for one (1) successive term, if there are no other qualified applicants for the member's position~ Appoint- ments to fill any vacancies on the Con~uittee shall be for the remainder of th~ unexpired term of office. SECTION FOUR. Removal From Office; Failure to Attend Meetings. A) Any m=~ber of the C:mmittee maybe removed from office by a unanimous vote of the Board of County Commissioners. B) If any member of the Committee fails to attend two (2) consecutive Co~nittee meetings without a satisfactory excuse or if a member is absent from more than one-half of the Con~ittee's meetings in a gLven fiscal year, the Co~nittee 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 it~ earliest opportunity, the membership of the. Committee shall elect a chairman and vice chairman from among the members. -'Offic.~rs' terms shall be for one (1) year, with eligibility for reelection. B) The ~resence of four (4) or more members shall constitute a quorum of the Co~nittee necessary to take action and transact busine&s. In addition, an affirmative vote of four or more member~ shall be necessary in order to take official action, regardless of whether four (4) or more members of the Committee are present at a meeting. - 2 - C) The ¢~..lttee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and d(~terminations. SECTION SIX. Reimbursement of Expenses. Members of the Committee shall serve without co~ensation, but shall be entitled to receive reimbursement for expenses reasonably in~lrred in the performance of their duties upon prior approval of the Board of County Con~issioners. SECTION SEVEN. Functionst Powers and Duties of thW Committee. The functions, ~owers and duties of the Committee shall be as follows: A) To aid and assist the Board of County Coim. issioners in carrying out the purposes of the Im~okalee Lighting and Beautifi- cation District: as set forth in County Ordinance No. 77-52. B) To ~)repare and recorm~end to the Board of County Com~issioners an itemized budget of the amount of money required to carry out the business of the District for the next fiscal year. In car~ing out this res~nsibility, the C~m,ittee shall, no later than April 1st of each year meet with the Collier County Public Works A¢~inistrator and outline to the Administrator those projects which the Co~nittee wishes to see accomplished during the next fiscal year. Based upon this information the Adminis- trator shall prepare a proposed budget for the District, in accordance with standard county guidelines regar~ing the preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Co~ittee be transmitted th~'ough the Public Works Administrator to the Board of County Com~issioners 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 Co. tree 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. -3 - C) The Conmittee may adopt and amend "Guidelines" to govern their operation and the operation of the District, subject to approval by the Board of County Commissioners. D) The Co~ittee shall recon~end 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 Con~issioners 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. The duties of the Public Works Administrator shall A) To administer the activities of the District 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, Paragra;h B, above. C) Provide periodic wwitten reports to the Co--tree, the County Manager and the Board of County Commissioners on the activities of the District and its finances in accordance with established guidelines of the Board of County Conm%issioners or the C~,,,ittee. SECTION NINE. Conflict and Severabilit¥. In the event this Ordinance conflicts with 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 unc¢,nstitutional 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 TEN. 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. ,00, 024,,, 266 other - 4 - PASSED AND DULY ADOPTED by the Board of County ComissXoners of Collier County, Florida this ~ day of ~p~--~r , 1986. ATTEST: JAMES C. GILES, CLERK ~', flU"[.'",: STATE OF FLORIDA ) COUNTY OF COLLIER ) BOARD O~ COUNTY COMMISSIONERS COLLIER COUh"rY, FLORIDA Z, JAM~S C. GILES, Clerk of Courts in and fo~ the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 86-65 which was adopted by the Board of County Commissioners during R~gular Session on the 23rd day of September, 1986. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of September, 1986. JAMES C. GILES Clerk of Courts. Clerk Ex-Off£cio Board of County Deputy Clerk ,0o 024,, 267