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Ordinance 2011-39 t\y F' ORDINANCE NO. 2011- 39 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-52, WHICH ESTABLISHED THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE, SO AS TO ENABLE THE EXECUTIVE DIRECTOR OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY, WITH THE APPROVAL OF THE COMMUNITY REDEVELOPMENT AGENCY, TO EMPLOY STAFF TO HELP CARRY OUT THE DUTIES OF THE COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 2002-52 established the Immokalee Beautification Advisory Committee to advise the Board on matters pertaining to the Immokalee Beautification Municipal Service Taxing Unit (MSTU). WHEREAS, Section Seven of Ordinance No. 2002-52 entitled, Functions, Powers and Duties of the Committee, provides in part that"the execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee;" and WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 2002-52, so as to allow the Immokalee Community Redevelopment Agency,through its Executive Director, to assume the administrative and management duties of the MSTU such as employing staff to assist the Committee. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE AMENDMENT TO SECTION SEVEN OF ORDINANCE 140. 20d-52. Section Seven is hereby amended as follows: SECTION SEVEN: FUNCTIONS, 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 providing landscape beautification as set forth in Collier County Ordinance No. 92-40. 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 Underlined text is added; Struck eugh text is deleted Page 1 of 3 than April 1 of each year, meet with the County Administrator or his designee and outline to the County Administrator or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Administrator or his designee shall prepare a proposed budget for the Municipal Service Taxing Unit, in accordance with the 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 County Administrator or his designee to the Board of County Commissioners for adoption in accordance with the procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1 of each year, the County Administrator or his designee 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 Administrator or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee. Said work may be performed under contract(in accordance with law)or by County forces. Upon Board direction,following approval of the Collier County Community Redevelopment Agency, the designee may be the Executive Director of the Immokalee Community Redevelopment Agency, who may employ staff to help carry out the duties set forth below. D. The committee may adopt and amend "Guidelines" to govern its operation and the operation of the Municipal Service Taxing Unit, subject to approval by the Board of County Commissioners. SECTION TWO: 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 THREE: 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 the Ordinances may be renumbered or Underlined text is added; Struck oogh text is deleted Page 2 of 3 relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisZSday ofd- , . , 2011. ATTEST:: : ..`4Rp ;�,.'-., BOARD OF COUNTY COMMISSIONERS DWIG E�--I RO IK, ,J`,FRK COLLIER COUNTY, FLORIDA By: .. . ..a 's-AM& .I By: ' '` .. .gRdty.OTV-f'Y FRED W. COYLE, CHAI AN s-I Ape ove as to form an e e . I: _ ' cy: irg'IL Jeffr!, • t' ll. •kow Cou y • 'orney This ordinance filed with t;-'c Secretory of State's Office th^ 3ist day of Dtobr , 2011 and acknowledgernen ,of that filing received this day of ►∎ - r 2et By it .AdirA !► Deputy Clerk Underlined text is added; Struck et+gh text is deleted Page 3 of 3 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 2011-39 Which was adopted by the Board of County Commissioners on the 25th day of October, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of October, 2011 . DWIGHT E. BROCK. Clerk of Courts:• Jerk Ex-officio to'' r•d •o l:',. , County Committi . , of. r,..,.. . 4,lic-J gM1 By: Martha Veer' ,•Deputy Cler