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BCC Ordinance 2011-22 / t'" ~\ .----- "J> rg?! .~~~ q ~~~~~' . ,. ~ "~' -r":: ORDINANCE NO. 2011- 22 ~c~ ~ (.0;:. yCI)o ~ ::- ,OJ "'-~LcC'3'<(\~~ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE -~,-:--- 2006-56, (THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION TWO, CREATION OF THE MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR A SECTION CREATING THE ROCK ROAJIo r..:. IMPROVEMENT ADVISORY COMMlTfEE, APPOINTMENT ANDS'! ~ COMPOSmON; PROVIDING FOR THE TERMS OF OFFICE ~,.'~ ~ THE ADVISORY COMMfITEE; AND PROVIDING FOR OFFICE~' ;:; OF THE ADVISORY COMMI1TEE, QUORUM AND RULES~" w PROCEDURE; PROVIDING FUNCTIONS, POWERS AND D~ ;D. OF THE ADVISORY COMMITfEE; PROVIDING FOR CONFLICT =r AND SEVERABILITY; PROVIDING FOR INCLUSION IN ~,'. C3 CODE OF LAWS AND ORDINANCES; AND PROVIDING P.9 '. ~ EFFECfIVE DATE. ~" .." - 1- ~ rn o WHEREAS. on November 28. 2006. the Board of County Commissioners adopted Ordinance No. 2006-56, establishing the Rock Road Improvement Municipal Service Taxing Unit; and WHEREAS, the Board of County Commissioners is the governing body of the Rock Road Improvement Municipal Service Taxing Unit (the "MSTIJ") and directed staff to advertise an amendment to Ordinance No. 2006-56 to: (1) amend the geographical boundaries of the MS11J to remove those property owners that no longer have access to nor otherwise derive any benefit from the MSTU's stated purpose and to include all property owners within the MSTU's amended geographical boundaries; and (2) create an advisory committee that will meet semi-annually to work with County Staff to review and recommend work programs and priorities to accomplish the MSTU's purpose; and WHEREAS, on June 14.2011, the Board of County Commissioners as the governing body of the MSTU approved this amendment to Ordinance No. 2006-56. 1 Underlined words are added; Squck Throueh words are deleted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, that Collier County Ordinance No. 2006-56 is hereby amended to read as follows: Section One: Section Two. Creation of the Municipal Service Taxing Unit of Collier County Ordinance No. 2006-56 is hereby amended to read as follows: SECI10N TWO. Creation of the Municipal Servke Taxing Unit There is hereby created and established the Rock Road Improvement Municipal Service Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service Taxing Unit and its boundaries are as described on the attached composite Exhibit ~ "A-I." which ht is incorporated by reference. The following properties. which were oreviously located within the MSW's boundaries. are expressly identified as outside of the amended boundaries of the MSTU as stated in Exhibit A-I: Folio Numbers: 00211960007 00211240002 Creation of the Roek Road ImDrovemeDt MUDieioal Serviee Tuinl!: Unit Advisorv ~ommittee. ADDOmtJDent aDd CO.DO.itioD. SectioD Two. A. There is hereby created and established the Rock Road Improvement Municipal Service T~inll Unit Advisory Conunittee. hereinafter referred to as the "Committee." B. The Committee shall consist of three (3) members who szenerally I'q)reSent the area within the MSTU. Members of the Committee sball be appointed by and serve at the "leasure of the Board of County Commissioners. Two members shall be oennanent residents within the MS11J and electors of Comer COlDltv. One member may be an owner of residential or commercial Drooertv within the MSTl! or an appointed l't(pI'esentative of a business located within the MSTU and an elector of Collier Count\'. An owner of residential or commercial mot)ertV may be an individual an officer of a corporation. or a partner of a partnershin. The 2 Underlined words are added; Struck Througi} words are deleted. Board of County Commissioners shaH consider appointment of members from different parcels. subdivisions and/or the communities within the MSTU. C. Aooointment of the members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of lU)pointment and the term of office. D. Members of the Committee shall serve without compensation. Sedioa Dne. Terms of 0fI'iee of the Adviso", Committee. The initial tenns of office of the Commi~ sh.all be as follows: A. Two (2) members shall be appointed for a term of two (2) vears. B. One (I) member shall be appqinted for a term of three (3) years. Thereafter each appointment or reaDDOintment shall be for a term of three (3) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. Seetioa Four. OfIicen of lI\' Advison Committee.. Oworum ad RaleI 01 Procedure. A. At its earliest oDnortunity. the membership of the Committee shall elect a chairman and. vice chairman from among its members. Officer's terms shall be for one (1) year. with elisibility for re-election. B. The presence of two (2) or more members shall constitute a Quorum of the Committee necessmy to take action and transact business. C. The Committee ~hall be governed by the most current edition of Roberts Rules of Order for the transaction of business and shall keq, a written record of the meetina~. reports and exhibits, and other documentation for preservation bv the County staff. D. Committee member attendance requirements. including failure to ~d meetinp and member removal from office are eovemed by Ordinance No. 2001-55. as it may be amendecL or by its successor ordinance. 3 Underlined words are added; Struck Throueh words are deleted. Seetioa Five. FunetiolU. Powen aad Duties of the Advisorv Committee. The functions. DOwers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the PlIrj)Ose of the MSTU as set forth in this Ordinance. B. The Committee shall meet semi-annually to review and recommend work proarams and priorities to the County Manager or his designee in accordance with the adopted budget or budget amendments which may be adopted bv the Board of County Commissioners. The execution of work programs shall be under the direct suoervision and responsibili~ of the County ManaDer or his designee. Said work may be performed under contract (in accordance with law) or by County forces. C. The Committee may adopt and amend "Guidelines" to govern the operation of the MSlU. subiect to approval bv the Board of County Commissioners. Section SiI: Confliet and Sevenbilitv 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 this 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. Sedion Seven: Iaelu.ion ia The Code of Laws and Ordinanees The provisions of this Ordinance sball become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Section Eiaht: Effeetive Date This Ordinance shall be effective upon filing with the Florida Department of State. 4 Underlined words are added; Struck Throlljh words are deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 14lb day of June. 2011. . iiY, Clf,rk /) : ~, ~ '. ~ "'...' .J '" .. r =' 'f ,'as. ,,'. l' '. ,~':lSrrli' \<{,~~.,' .~Jf i"[1 jl\~ . . ;'<'f~~1(1.;,~fr;:, If ~~~!~, ". ~r " {'" BOARD OF COUNTY COMMISSIONERS OFCOLLffiR COUNTY, FLORIDA By: ~W~ FRED W. COYLE, CH Approved as to fonn and ~~7} (() j ;;0 Scott R. Teach ~ Deputy County Attorney 5 Underlined words are added; Struck Througl) words are deleted. EXHIBIT A-1 BOUNDARY MAP PAGE 1 OF 3 ROCK ROAD MSTU - \ \ \ II 1.1 I \ - - - 'OKALEE ROAD .~~.."I~ ~;; I~ ~ v'// ..----, - .-- f-- '--' T 1 \ - - I--- - \ ,,- &- ~ ,,- o >-== Or J EXISTING MSTU BOUNDARY I \ ~ --! NEW MSTU BOUNDARY v. I~ . ~~~~ ~~~~ KERI ISLAND ~~~ ~~~r~~ ~ 1 - r-- \ .,- ~ v l-- I CYPR..SS 1 \ I I DEER UN .1 MINGe DRIVE I --1 - .- SHADY LANE \1 I LEGEND: ~ REMOVED PARCEL ~ ADDED PARCEL - EXISTING BOUNDARY -- NEW BOUNDARY \ DATE: 03-22~11; DRAWN BY: DARRYL RICHARD, PROJECT MANAGER; ATM DEPT. PAGE 1 OF 3 EXHIBIT A-I PAGE20F3 GEOGRAPHIC BOUNDARIES: The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT shall comprise all that land located in Collier County, Florida and specifically described as: The North half of Section 32, Township 48 South, Range 27 East, Collier County, Florida; And; All of Section 29, Township 48 South, Range 27 East, Collier County, Florida; Less the following described parcels: The East One Hundred (100) feet of the West 360 feet of the North One Half of the North West Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the North 179.18 feet previously dedicated for road right-of-way. The East One Hundred (100) feet of the West 660 feet of the North One Half of the North West Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the North 179.18 feet previously dedicated for road right-of-way. The North One Half ofthe North West Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the West 660 feet and less the North 179.18 feet previously dedicated for road right-of-way. The East One Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the South Thirty (30) feet thereof. The Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the South Thirty (30) feet thereof and less the East Thirty (30) feet thereof. The West 400 feet of the East 660 feet of the North Half of the Northeast Quarter of the Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida. The East One Hundred feet of the West 660 feet of the Northwest quarter of the Northeast quarter of the Northeast quarter of Section 29. Township 48 South, Range 27 East, Collier County, FL less the North 100 feet thereof. Containing therein 905.61 acres, more or less. EXHIBIT A-I PAGE20F3 EXHIBIT A-I PAGE30F3 PARCEL FOLIO NUMBERS REMOVED FROM BOUNDARY: 00211960007 00211240002 PARCEL FOLIO NUMBERS ADDED TO BOUNDARY: 00212200009 00211720001 00211200000 00212720000 00219720003 00222280608 00219840006 00219760005 00210920006 00222280501 00221080003 00220640004 00220360009 00222280103 00222280307 00214000003 00214160008 00213960005 00220240006 00221200003 00221360008 00220680006 00220720005 00221320006 00211040008 00212920004 00211080000 EXHIBIT A-I 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 2011-22 Which was adopted by the Board of County Commissioners on the 14th day of June, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of June, 2011. By: