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Ordinance 2014-42 ORDINANCE NO. 2014- 4 2 AN ORDINANCE CREATING THE PLATT ROAD MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR AUTHORITY; PROVIDING FOR CREATION OF THE MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR A PURPOSE AND GOVERNING BODY; PROVIDING FOR FUNDING; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the "Board") of Collier County, Florida (the "County"), acting in accordance with a request made by the Fire Chief of Big Corkscrew Island Fire Control and Rescue District, took emergency action to make necessary repairs to Platt Road to make it traversable by fire and emergency vehicles, thereby directly benefiting the welfare and safety of the property owners in that area; and WHEREAS, on or about December 9, 2014, the Board adopted Resolution 2014-Z9, identifying the Platt Road Special Assessment District by specifying the lots and parcels directly benefited by the action taken to restore Platt Road as mentioned above; and WHEREAS, the Board has determined that the creation of a municipal service benefit unit is the best method for implementing and funding the reimbursement of the improvements made to Platt Road. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to the provisions of Chapter 125, Florida Statutes, and other applicable law. SECTION 2. CREATION OF THE MUNICIPAL SERVICE BENEFIT UNIT. There is hereby created and established the Platt Road Municipal Service Benefit Unit (the "MSBU"). The boundaries of the MSBU shall initially be as set forth in EXHIBIT "A" attached hereto and incorporated herein by reference. SECTION 3. PURPOSE AND GOVERNING BODY. The MSBU is created for the purpose of collecting reimbursement of expenditures made in repairing Platt Road to place it in a condition such that fire and emergency vehicles can traverse and provide services to the property owners directly benefiting from those improvements within the MSBU. The governing body of the MSBU shall be the Board. SECTION 4. FUNDING. For the purpose of providing funds to carry out the purpose of the MSBU, the Board shall consider imposition of special assessments in accordance with Chapter ) 122, Article 77, of the Code of Laws and Ordinances of Collier County, Florida and other applicable law. SECTION 5. DUTIES OF THE COUNTY MANAGER. The duties of the County Manager or his or her designee shall be: (a) to administer the activities of the MSBU in accordance with established policies of the Board, and (b) to coordinate the imposition of special assessments to provide reimbursement of funding for the MSBU in accordance with the guidance provided by the Board. SECTION 6. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of the County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of the 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 7: 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 relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 9th day of December, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT.E. BROCK, Clerk COLLIER COUNTY, FLORIDA n , ; y. ;Attest as to aLR ty Clerk TOM HENNING, Iv'AIRMAN suture orily4 Approved as to form and legality: l_.. This ordinance fi?ed with the SecAlary of State's Office 'rho Scott R. Teach I,5 day of? °1 t`( Deputy County Attorney and acknowledgermerrtAt_that fil' g received this day of e-eh ?Yc)--c)ol.`f Deputy Clark 2 EXHIBIT "A" PLATT ROAD MUNICIPAL SERVICE BENEFIT UNIT GEOGRAPHIC BOUNDARIES The boundaries of the PLATT ROAD MUNICIPAL SERVICE BENEFIT UNIT (MSBU) shall comprise all that land located in Collier County, Florida, and specifically described as: Township 47,Range 27 The North '/2 of the South V2 of Section 26,plus The East'/2 of the Southeast '/4 of the Southeast 1/4, of the Northwest'/4 of Section 26, plus The West%of the Southwest V4, of the Northeast'/4, section 26, plus The North '/2 of the SW'/4 of section 25,plus The West%of the NW'/4 of the SE '/4 of Section 25. 1. 0 Exhibit A — o Platt Road - , 1 A. 4 —... ■ o _ ' 1 i` 7- t \ . C il�earth t"1 VI.) s'b x ; a ,,,evd* a■Y Sk5'.'t' }7) j FLORIDA DEPARTMENT OfSTATE RICK SCOTT KEN DETZNER Governor Secretary of State December 15, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2014-42, which was filed in this office on December 15, 2014. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us