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Ordinance 2002-19 ORDINANCE NO. 2002-19 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ISLES OF CAPRI MUNICIPAL RESCUE AND FIRE SERVICES TAXING DISTRICT; AMENDING COLLIER COUNTY CODE OF LAWS AND ORDINANCES SECTION 122-609; AUTHORIZING A TAX LEVY OF UP TO TWO MILLS; PROVIDING FOR AN INCREASE IN THE MILLAGE LEVY FROM ONE MILL NOT TO EXCEED 2 MILLS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 122-609 of the Collier County~de~f Laws and Ordinances, presently provides for the levy of up to one mill for the Isles of Capri Municipal Rescue and Fire Services Taxing District in Collier County, Florida, which is levied pursuant to the provisions of Part I of Chapter 206, Florida Statutes; and WHEREAS, The Collier County Board of County Commissioners has been informed by the Advisory Committee for the Isles of Capri Municipal Rescue and Fire Services Taxing District that the taxing district's future needs exceed the projected revenue; and WHEREAS, it is determined by the Board of County Commissioners of Collier County that the increase in the levy to one and one half (1.5) mills is necessary to fund needed improvements for the Isles of Capri Municipal Rescue and Fire Services Taxing District and is necessary to promote the public health, safety and welfare of the citizens of and visitors to Collier County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Section 122- 609 of the Collier County Code of Laws and Ordinances is amended as follows: SECTION ONE: Sec. 122-606. Created, boundaries. (a) Pursuant to F.S. ch. 125, the Isles of Capri Municipal Rescue and Fire Services Taxing District is hereby created for the purpose of providing rescue and fire control services to the residents of the area hereinafter described: (b) All that land located in the county and specifically described as: Sectionsl9, 20,21,22,27,28,29,30,31,32,33 and 34 of Township 51 South, Range 26 East, and those portions of Sections 4, 5 and 6 of Township 52 South, Range 26 East, which lie north of the Marco River. (Ord. No. 78-49, § 1; Ord. No. 89-99, § 1) state law reference-Authority to create municipal service taxing or benefit unit, F.S. § 125.01(1) (q). Sec. 122-607. Governing body. The governing body of the district shall be, ex- officio, the board of county commissioners. (Ord. No. 78-49, § 2) state law reference-Similar provisions, F,S. § 125.01(2). Sec. 122-608. Purpose. The district is formed for the purpose of providing, equipping, operating, and maintaining a rescue and fire department within the district; to buy, lease, sell, exchange or otherwise acquire, hold and dispose of equipment and other personal or real property and to provide and adequate water supply for fire prevention and protection purposed; to employ and discharge employees and authorize them to enter upon private and public property at reasonable times to inspect, combat and investigate possible and actual fire hazards and occurrences; to promulgate rules and regulations for the prevention and control of fire and to otherwise protect persons and property within the district. (Ord. No. 78-49, § 3; Ord. No. 89-99, § 2) Sec. 122-609. Advisory committee. (a) For the purpose of carrying into effect this article, the board of county commissioners shall appoint a committee of three to five electors residing within the district to serve staggered Germs of two years each, to hold meetings at such times and places as it shall determine for the purpose of advising the board regarding the affairs of the district. (b) The advisory committee shall annually prepare a district budget and estimate the funds, their purpose and the ad valorem taxes necessary to carry out the provisions of this article for the following fiscal year, as prescribed by F.S. ch. 129. (c) Upon adoption of the district budget by the board, it shall cause the budget to be recorded in the board minutes and shall cause to be levied on all property within the district a millage sufficient to fund the budget, not exceeding onc two mill in any one year to be assessed and collected as county taxes. (d) The treasurer of the board shall: (1) Issue all warrants for services, equipment, materials and other expenses incurred by the district and approved for payment by the governing body. (2) On or before the end of each fiscal year prepare an annual report of the receipts and expenditures of the district to the governing board as required by F.S. § 218.20 et seq. (Ord. No. 78-49, § 4) Cross-reference-Boards, commissions, committees and authorities, § 2-816 et seq. Sec. 122-610. Boundary changes. The boundaries of this district, or the lands included in said district, may be changed by an amendment to this article. (Ord. No. 78-49, § 5) Secs. 122-611--- 122-630. Reserved. SECTION TWO: 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 O~dinance 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 THREE: 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 FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~-~day of ~ , 2002. ATTEST: DWIGHT.iS,. BROCK, CLERK . ~.,~,~(~tt,. ' OF ~.~ ~'}~ .~ .~ · By: ~ ~3;~"'.. ..'~' C~' " ApDi~6~;~6~?~ 6rm and ,. ~.'~ , . legal ,su~'~'eiency: /qa~.uelihe H. Robinson ~s~istant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Jame~an This ordinance filed wl~h Secretary of State's Office the ~9~::Jay of ~ ~nd acl~noWl ,edge~ent bT ~at ~iling r~ed this 4 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 copy of: ORDINAi~CE NO. 2002-19 Which was adopted by the Board of County Commissioners on the 23rd day of April, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of April, 2002.