Ordinance 2015-64 ORDINANCE NO. 2015- 6 4
AN ORDINANCE CREATING THE DELLA DRIVE
MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING THE
AUTHORITY; PROVIDING FOR THE CREATION;
PROVIDING A PURPOSE AND GOVERNING BODY;
PROVIDING FUNDING, TO ADOPT THE UNIFORM NON-
AD VALOREM METHOD OF COLLECTION PROVIDING
FOR THE COLLECTION OF TAXES; PROVIDING FOR
DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, that portion of Della Drive north of Brantley Lane for approximately 0.75
miles, hereinafter referred to as "Della Drive," is currently a private roadway and not maintained
by the County; and
WHEREAS, the responsibility for the maintenance of Della Drive lies with no one entity
or individual,but rather falls to the individual property owners; and
WHEREAS, based on concerns raised by Fire Chief Kingman D. Schuldt of the Greater
Naples Fire Recue District, it has become apparent that upon recent assessment of the road
condition of several privately owned roadways in the Golden Gate Estates area Della Drive has
large portions that have been deemed impassable for fire rescue apparatus during emergency
conditions; and
WHEREAS, on September 24, 2013, the BCC passed Resolution No. 2013-221
establishing a procedure under which public funds could be used for emergency repairs of
private roads to allow the passage of emergency vehicles; and
WHEREAS, on October 13, 2015, using the procedure established in Resolution 2013-
221, the BCC directed the County Manager to make emergency repairs and bring back an
Ordinance to establish an MSBU for the recovery of funds expended to make the repairs and an
MSTU for the purposes of making future emergency repairs to Della Drive; and
WHEREAS, Della Drive emergency repairs were completed on October 15, 2015 at a
cost of$5,162.33 and
WHEREAS, it is recommended that a Della Drive Municipal Service Benefit Unit
(MSBU) is created for the purpose of levying assessments and repaying the County for the
repairs made to the road.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE Authority
This Ordinance is adopted pursuant to the provisions of Section 125.01, and sections
197.3632 and 197.3635 and Chapter 2095-Florida Statutes, and other applicable provisions of
Law.
Page 1 of 5
SECTION TWO Creation of the Municipal Service Benefit Unit
There is hereby created and established the Della Drive Municipal Service Benefit Unit
hereinafter referred to as the "MSBU." The properties within the Municipal Service Benefit Unit
and its boundaries are as described on the attached composite Exhibit "A"that is incorporated by
reference.
SECTION THREE Purpose and Governing Body
The MSBU is created for the purpose of levying assessments and repaying the County for
the repairs made to the road. The governing body of the MSBU shall be the Board of County
Commissioners of Collier County, Florida.
SECTION FOUR Funding and Levy of Taxes
The apportionment of the assessable costs of this action is based on direct and special
benefit factors for each parcel.
The directly benefited method is based on the front footage of the properties adjacent to
Della Drive whose property fronted the improvement (Tracts 20, 21 and the northern 412.5 feet
of Tract 40, Section 24, Township 49S, Range 26E, Naples Farm Estates as recorded in Plat
Book 4, Page 34, dated January 8, 1956). The footage dimensions shown on the final assessment
roll has been taken directly or calculated from the County Tax Assessment Maps and are not
based on field surveys.
For the purpose of implementing this Ordinance, the Board of County Commissioners
established an itemized list of properties with an estimated frontage of each property. 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 MSBU subject to taxation, a non-ad valorem
tax with a summation of assessment and the cost of collecting such assessments, and shall add to
the non-ad valorem tax bill of each property the amount of the assessment. Assessment and
collection shall cease upon collection of$5,162.33 funding the emergency repairs to Della Drive.
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.
Such assessments are hereby found and determined to be levied in direct proportion to
the special and positive benefits to be received by the properties listed in the assessment roll,
which is attached hereto as Exhibit "B" and incorporated herein. The preliminary assessment
roll is hereby confirmed and made final and adopted as the final non-ad valorem assessment roll
for purposes of utilizing the uniform method of collection.
Upon adoption of this Ordinance and in accordance with Florida Statute 197.3635, the
Tax Collector shall prepare and mail by first class mail to the property owners, at the address
listed on the final assessment roll, an assessment bill for the full amount of the assessment plus
any associated costs. Any assessment may be paid at the office of the Tax Collector within sixty
(60) days from the date of adoption hereof, without interest.
SECTION SIX Duties of the County Manager or His Designee
The duties of the County Manager or his or her designee shall be:
A. To aid and assist the Board of County Commissioners in carrying out the purposes
Page2of5
of the MSBU in accordance with established practices and policies of the Board of
County Commissioners and as set forth in this Ordinance.
B. To coordinate the imposition of special assessments to provide funding for the
MSBU in accordance with the guidance provided by the Board.
SECTION SEVEN 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 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 EIGHT 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 NINE 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, thisck-V\ day of December, 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By. / 4 -
0
-rest as to Cheirman's
TIM NANCE, CHAIRMAN
signature only. y:.
Approvaas'to=form and
legality:
Jenni er A. Belpedio Q-� (,
Assistant County Attorney
This ordinance filed with the
Secretary of State's Office the
JQ!'day of r 0t
and acknowledgement of thc4
filing received this (Oh (ay
8y ilir -
ii
Page 3 of 5
Exhibit "A"
DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT
GEOGRAPHIC BOUNDARIES
The boundaries of the DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT (MSBU) shall
comprise all that land located in Collier County, Florida, and specifically described as:
Naples Farms Sites, Tracts 20, 21 and the northern 412.5 feet of Tract 40 Section 24, Township
49S, Range 26E,Naples Farm Estates as recorded in Plat Book 4, Page 34, dated January 8,
1956.
1 a
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o.oI lc rKumal uo n Systems
2015 Aerial Photography
. . bow 'ME OFFICE Of TIE COLLIER COUNTY PROPERTY
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asranExaawnaANY LARRY INFORMATION
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Page 4 of 5
Exhibit"B"
Uniform Method of Collection
Folio Frontage Folio Frontage
61731920003 82.5 61733560005 82.5
61731960005 82.5 61733600004 82.5
61732000003 82.5 61733640006 82.5
61732040005 82.5 61733680008 82.5
61732080007 82.5 61733720007 82.5
61732120006 82.5 61733760009 82.5
61732160008 82.5 61733800008 82.5
61732200007 82.5 61733840000 82.5
61732240009 165.0 61733880002 82.5
61732280001 82.5 61733880109 82.5
61732320000 82.5 61733880206 82.5
61732360002 82.5 61733880303 82.5
61732400001 82.5 61733880400 82.5
61732440003 82.5 61733880507 82.5
61732480005 82.5 61733880552 82.5
61732520004 82.5 61733880604 82.5
61732560006 82.5 61736680005 82.5
61732600005 82.5 61736720004 82.5
61732640007 82.5 61736800005 82.5
61732680009 165.0 61736840007 165.0
61732720008 82.5 61736960000 165.0
61732760000 82.5 61737000008 82.5
61732800009 0.0 61737640109 82.5
61732840001 82.5 61737640206 82.5
61732880003 82.5
61732920002 82.5
61732960004 82.5
61733000206 82.5
61733000303 82.5
61733000400 82.5
61733000507 82.5
61733040004 82.5
61733080006 82.5
61733120005 82.5
61733160007 82.5
61733200006 82.5
61733240008 165.0
61733230000 0.0
61733320009 165.0
61733360001 165.0
61733400000 82.5
61733440002 165.0
61733480004 82.5
61733520003 82.5
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Page 5 of 5 ,Th j
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7.4. -_-*
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
December 11, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha Vergara, 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. 2015-64,which was filed in this office on December 10,
2015.
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