Ordinance 2001-043 ORDINANCE NO. 2001-. n3
.,,..0,.~'AN ORDINANCE CREATING THE VANDERBILT BEACH
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT;
PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION;
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING
FUNDING AND THE LEVY OF NOT TO EXCEED 0.5 MILS OF AD
VALOREM TAXES PER YEAR; PROVIDING FOR THE
COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE
VANDERBILT BEACH BEAUTIFICATION ADVISORY
COMMITTEE; APPOINTMENT AND COMPOSITION; PROVIDING
FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE;
PROVIDING FOR OFFICERS OF THE ADVISORY COMMITTEE;
QUORUM; RULES OF PROCEDURE; PROVIDING FOR
FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY
COMMITTEE; PROVIDING FOR DUTIES OF THE COUNTY
MANAGER OR HIS DESIGNEE; PROVIDING FOR REVIEW
PROCESS OF ADVISORY COMMITTEE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Vanderbilt Drive between Vanderbilt Beach Road and Bluebill Avenue has
been improved with the addition of landscaping and a sidewalk; and
WHEREAS, the County has received inquiries from the Vanderbilt Beach Propoerty
Owners' Association (VBPOA) relating to the maintenance of the aforesaid improvements; and
WHEREAS, the VBPOA has also inquired about the potential for futurerj~ffiprc~ments
within the Vanderbilt Beach area; and ....... ~
WHEREAS, the Vanderbilt Beach area does not othe~ise quali~ for ~tew~" ~
"Arterial" status ~d, therefore, there is little oppo~unity for public ~nding ~d~on~
l~dscape or other improvements in the ~ture; ~d ~ ~
WHEREAS, the Board of County Commissioners has determined that the best method
for funding the maintenance of existing improvements and for funding any desired future
improvements within the area known as the Vanderbilt Beach area is by the creation of the
Vanderbilt Beach Beautification Municipal Service Taxing Unit.
NOW, THEREFORE, BE IT ORDAINED BY THE BOAP, D OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Authority
This Ordinance is adopted pursuant to the provisions of Chapter 125, Chapter 165 and
Chapter 200, Florida Statutes, and other applicable provisions of law.
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SECTION TWO. Creation of the Municipal Service Taxing Unit
There is hereby created and established thc Vanderbilt Beach Beautification Municipal
Service Taxing Unit, hereinafter referred to as "MSTU". Thc boundaries of the MSTU are as
described on the attached Exhibit "A" that is incorporated herein by reference.
SECTION THREE. Purpose and Governing Body
The MSTU is created for the purpose of: (1) Providing curbing, watering facilities,
plantings and maintenance of thc median strips and right-of-way edges of roadways within thc
MSTU; (2) Providing traffic calming improvements, street lighting, and sidewalks within thc
MSTU; and (3) Beautification and maintenance of other public areas within thc MSTU as
determined by thc Advisory Committee. The governing body of thc MSTU shall bc thc Board of
County Commissioners of Collier County, Florida.
SECTION FOUR. Funding and Levy of Taxes
For the purpose of implementing this Ordinance, the Board of County Commissioners
shall annually, at the time required by general budgetary law, make an itemized estimate of the
amount of money required to carry out the business of the MSTU for the next fiscal year, which
shall be from October 1 to and including September 30 following. The estimate shall describe
the purpose for which the moneys are required and thc amount necessary to be raised by taxation
within the MSTU. At the time and place for fixing the annual rate.'of taxation for County
purposes, the Board of County Commissioners shall fix and cause to be levied on all properties
within the MSTU, subject to taxation, a millage rate not to exceed 0.5 mils per year.
SECTION FIVE. Tax Assessment and Collection
Taxes herein provided for shall be assessed and collected in the same manner and form as
provided for the assessment and collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
SECTION SlX. Creation of the Vanderbilt Beach Beautification Advisory
Committee; Appointment and Composition
A. There is hereby created and established the Vanderbilt Beach Beautification Advisory
Committee, hereinafter referred to as the "Committee".
B. The Committee shall consist of five (5) members that generally represent the area within the
MSTU. 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
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MSTU and electors of Collier County. The Board of County Commissioners shall consider
appointment of members from different subdivisions or communities within the MSTU.
C. 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 and the term of
office.
D. 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. Terms of Office of the Advisory Committee
The initial terms of office of the Committee shall be as follows:
A. Two (2) 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.
C. One (1) member shall bc appointed for a term of four (4) years.
Thereafter, each appointment or rcappointment shall bc for a term of four (4) years.
Appointments to fill any vacancies on thc Committee shall be for thc remainder of the
unexpired term of office.
SECTION EIGHT.
Officers of the Advisory Committee; 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. Officer's terms shall bc for one (1) year, with eligibility
for re-election.
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.
D. Committee member attendance requirements, including failure to attend meetings and
member removal from office are governed by Ordinance No. 86-41, as amended, or by its
successor Ordinance.
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SECTION NINE. Functions, Powers and Duties of the Advisory Committee
Thc functions, powers and duties of thc Committee shall be as follows:
A. To aid and assist thc Board of County Commissioners in carrying out thc purposes of the
MSTU as set forth in this Ordinance.
B. To prepare and recommend to thc Board of County Commissioners an itemized budget of thc
amount of money required to carry out thc business of thc MSTU for the next fiscal year. In
carrying out this responsibility, thc Committee shall, no later than April 1 of each year, meet
with thc County Manager or his designee and outline to thc County Manager or his designee
those projects which thc Committee wishes to sec accomplished during thc next fiscal year.
Based upon this information, thc County Manager or his designee shall prepare a proposed
budget for the MSTU, in accordance with standard County guidelines regarding the
preparation of budgets. This prop~)scd budget shall then be reviewed by thc Committee and,
upon approval by the Committee, bc transmitted through thc County Manager or his designee
to thc Board of County Commissioners for adoption in accordance with procedures for thc
adoption of budgets set forth under general law and thc Board of County Commissioners'
policy. Should the Committee fail to approve a budget by June 1 of each year, the County
Manager 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 Manager or his
designee in accordance with the adopted budget or budget amendments that 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 Manager 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 its operation and the operation
of the MSTU, subject to approval by the Board of County Commissioners.
SECTION TEN. Duties of the County Manager or His Designee
The duties of the County Manager or his designee shall be:
A. To administer the activities of the MSTU 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 Nine, Paragraph B, above.
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Co
To provide periodic written reports to the Committee, and the Board of County
Commissioners of the activities of the MSTU and its finances in accordance with established
guidelines of the Board of County Commissioners and/or the Committee.
D. Attend all Committee meetings.
SECTION ELEVEN.
in accordance with the procedures contained in Collier
amended, or its successor Ordinances.
SECTION TWELVE. Conflict and Severability
Review Process
This Advisory Committee shall be reviewed once every four (4) years commencing 2004,
County Ordinance No. 86-41, as
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THIRTEEN. 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 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 FOURTEEN. Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _,~,/ day of //O,~,_?~,,~ ,2001.
I ATTEST:,?/
2. DWIGHT E. BROCK,i Glerk .~
'/,,Approved as to fo~ and
Heidi F. Ash{on ~
Assistant County Attorney
BOARD OF COUNTY COM~IISSIONERS
OF COLL~.OI~. ~
By: ~"---~'~'~bl~_Mr--Og4_,) ~
JAMES I~ARTER, Ph.D., Chairman
This ordinonce filed with the
ond ocknowledgemen~t-gf that
filir~g received' this ~t,,~, doy
o,'
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Exhibit "A"
All of that property lying westerly of the centerline of Vanderbilt Drive from Vanderbilt Beach
Road north to the centerline of the Little Horse Pass Bridge (Collier County Bridge No. 030177);
thence, westerly along the meander line of the Cocohatchee River until it meets the Gulf of
Mexico. Said lands being more fully depicted on the drawing below:
Proposed MSBU
Boundary
THE DUNES
BLUEBILL A~/ENUE
AV~ NORTH
II111-1 A'~I~NU[. NOR'IH
AVE
W-E
LOCATION:T48S R25E SEC17, 20, 29 & ~2
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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 foregoin9 is a true copy of:
ORDINANCE NO. 2001-43
Which was adopted by the Board of County commissioners on
the 31st day of July, 2001, durin9 Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st day
of Au~ust, 2001.
DWIGHT E. BROCK ~'
Clerk of Courts and Clerk
Ex-officio to Board of
ty i i
Coun Comm ss oners
B~: Maureen Kenyon.,, ·
~ Deputy Clerk