Ordinance 2017-41 ORDINANCE NO. 2017- 41
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO.
2009-44, AS AMENDED, KNOWN AS THE RADIO ROAD, EAST OF
SANTA BARBARA BOULEVARD TO THE INTERSECTION OF
RADIO ROAD AND DAVIS BOULEVARD MUNICIPAL SERVICE
TAXING UNIT(MSTU)ORDINANCE; IN ORDER TO END THE LEVY
OF AD VALOREM TAXES AND DISSOLVE THE MSTU'S ADVISORY
COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on July 28, 2009, the Board of County Commissioners (Board) enacted
Ordinance No. 2009-44 creating the Radio Road, East of Santa Barbara Boulevard to the
Intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit (the "MSTU")
to fund and implement the installation of landscaping and irrigation capital improvements within
that geographic area; and
WHEREAS, on January 31, 2012, a majority of the qualified electors within the MSTU
approved a bond referendum election for the issuance of up to $649,000 of general obligation
bonds payable from ad valorem taxes levied on all taxable property within the MSTU; and
WHEREAS,on May 22,2012,the Board approved a Resolution for a loan to finance the
costs of various capital improvements within the MSTU; and
WHEREAS, on May 22, 2012, the Board approved Ordinance No. 2012-17, amending
Ordinance No. 2009-44, providing for the accelerated funding of the construction of the median
beautification project through a loan and further providing for dissolving the MSTU "upon
recommendation by the MSTU Advisory Committee and approval by the Board of County
Commissioners, after payment of all indebtedness incurred for the project and completion of the
project"; and
WHEREAS, on June 12, 2013, the landscape construction on Radio Road East medians
was completed; and
WHEREAS,on June 28,2016,the Board of County Commissioners approved reinstating
the Landscape Beautification Master Plan designating an addition of approximately fifty miles of
medians of arterial roadways to be landscaped and maintained by the Growth Management
Department which included the portion of Radio Road maintained by the MSTU; and
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WHEREAS, the loan financing the landscaping and irrigation capital improvements
within the MSTU geographic area was satisfied in November of 2016; and
WHEREAS, on July 12, 2017 the MSTU Advisory Committee voted 5-0 to recommend
that the Board of County Commissioners dissolve the MSTU and its advisory committee.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
SECTION ONE. Dissolution of the Radio Road,East of Santa Barbara Boulevard to the
Intersection of Radio Road and Davis Boulevard Municipal Service
Taxing Unit and associated Advisory Committee.
Ordinance No. 2009-44, as amended byOrdinance No. 2012-17, is herebyrepealed is its
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entirety, and with it,the MSTU District and Advisory Committee are hereby dissolved.
SECTION TWO. 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 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 THREE.Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and may be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The section 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 FOUR. Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida thisZ'Wr day of , 2017.
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ATTEST. BOARD OF COUNTY COMMISSIONERS
DWIOFICD TIRO O R, lerk COLLIE' _1��, TY, FLORIDA
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Appr,` edi?S, form and legality:
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Jeffrey, . .z ow, County Attorney
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FLORIDA DEPARTMENT Of STATE
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RICK SCOTT KEN DETZNER
Governor Secretary of State
October 26, 2017
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. 2017-41, which was filed in this office on October 26,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us