Agenda 04/24/2012 Item #16A124/24/2012 Item 16.A.12.
EXECUTIVE SUMMARY
Recommendation to authorize staff to advertise an amendment to Collier County Ordinance No.
2009 -44, The Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and
Davis Boulevard Municipal Service Taxing Unit (MSTU) Ordinance, to remove the six -year sunset
provision and provide for dissolution of the MSTU upon recommendation by the MSTU Advisory
Committee and approval by the Board of County Commissioners.
OBJECTIVE: Staff is requesting permission to advertise an amendment to Ordinance Number
2009 -44 to remove its existing six -year sunset provision and provide for dissolution of The
Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis
Boulevard Municipal Service Taxing Unit (MSTU) upon recommendation by the MSTU
Advisory Committee and approval by the Board of County Commissioners after the landscape
and irrigation project is completed and all indebtedness, which is in the process of being
financed, is paid.
CONSIDERATIONS: On July 28, 2009, the Board of County Commissioners established the
MSTU. The Committee has been meeting since October 2010 and in that short time has hired a
landscape architect and developed preliminary plans for the beautification of the roadway. When
the Ordinance establishing the MSTU was created, it contained a six -year sunset provision. With
the downturn in property values it will take several years to accrue the funds needed for the
construction of the project.
On March 29, 2011, the MSTU Advisory Committee held a public meeting for review of
preliminary project plans for landscaping & irrigation on Radio Road between Santa Barbara
Boulevard and Davis Boulevard. There were 41 residents who attended that publicly advertised
meeting representing the various communities within the MSTU boundary. The overwhelming
comments received during the meeting indicated that the community wanted to see the project
done as soon as possible and that the MSTU should pursue financing to advance the construction
to take advantage of lower contractor pricing.
On June 14, 2011, the MSTU Advisory Committee Chairman petitioned the Board of County
Commissioners seeking direction for staff assistance in acquiring a loan for the landscape and
irrigation installation project. The Board directed staff to assist the MSTU in obtaining the
appropriate financing to advance the project. In order to meet the MSTU Committee's financial
goals, a referendum question was posed to the qualified electors residing within the MSTU to
determine whether they agreed that the capital improvements project should be financed through
a loan and whether the ad valorem taxes already being levied can be utilized to repay said loan.
County staff worked with the Supervisor of Elections office to coordinate the timeline to submit
the referendum question for the Presidential Preference Primary. On January 31, 2012, voters
within the MSTU approved utilizing the existing ad valorem property taxes to support a loan not
to exceed $649,000, with a maturity no longer than 10 years.
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4/24/2012 Item 16.A.12.
Now that the voters have approved pursuing a loan, the existing ordinance must be amended to
remove the six -year sunset provision to cover the period of time for payment of all outstanding
indebtedness and completion of the project.
The proposed amendment to the Ordinance is attached and authorization is sought to advertise
the amended Ordinance so that it can be brought back to the Board for final consideration and
approval.
FISCAL IMPACT: The fiscal impact consists of the cost of advertising the proposed
amendment to the Ordinance, which is approximately $260.00. Funding for this expense is
available in the MSTU Fund 166.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no growth management impact with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners grant staff permission to
advertise a proposed amendment to Collier County Ordinance Number 2009 -44, to remove the
current six -year sunset provision and provide for dissolution of the MSTU, upon
recommendation by the MSTU's Advisory Committee and approval by the Board of County
Commissioners, after completion of the landscape and irrigation project is completed and all
indebtedness, which is in the process of being financed, is paid.
Prepared By: Darryl Richard, Project Manager, Department of Alternative Transportation Modes
Attachments: (1) Proposed Amended Ordinance
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4/24/2012 Item 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12.
Item Summary: Recommendation to authorize staff to advertise an amendment to Collier
County Ordinance No. 2009 -44, The Radio Road, East of Santa Barbara Boulevard to the
Intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit (MSTU)
Ordinance, to remove the six -year sunset provision and provide for dissolution of the MSTU
upon recommendation by the MSTU Advisory Committee and approval by the Board of County
Commissioners.
Meeting Date: 4/24/2012
Prepared By
Approved By
Name: AmoldMichelle
Title: Director - Alt Transportation Modes,Altemative Tr
Date: 4/16/2012 1:56:16 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 4/17/2012 9:11:25 AM
Name: HerreraGloria
Title: Management /Budget Analyst,Transportation Administr
Date: 4/17/2012 9:11:36 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 4/17/2012 1:29:12 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/17/2012 2:02:03 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
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Date: 4/17/2012 2:53:27 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/17/2012 3:15:30 PM
Name: IsacksonMark
4/24/2012 Item 16.A.12.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/17/2012 3:30:12 PM
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4/24/2012 Item 16.A.12.
ORDINANCE NO. 2012-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2009 -44 (THE
RADIO ROAD, EAST OF SANTA BARBARA BOULEVARD TO THE INTERSECTION
OF RADIO ROAD AND DAVIS BOULEVARD MUNICIPAL SERVICE TAXING
UNIT); AMENDING SECTION THREE, PURPOSE AND GOVERNING BODY;
AMENDING SECTION FOUR, FUNDING AND LEVY OF TAXES; 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 enacted Ordinance
No. 2009 -44 creating the "Radio Road, East of Santa Barbara Boulevard to the intersection of
Radio Road and Davis Boulevard MSTU (the "MSTU ")" to fund and implement the installation
of landscaping and irrigation capital improvements within that geographic area; and
WHEREAS, the MSTU's Advisory Committee requested that the Board of County
Commissioners amend and revise Sections Three and Four of Collier County Ordinance No.
2009 -44; and
WHEREAS, on May 22, 2012, the Board of County Commissioners as the governing
body of the Radio Road, East of Santa Barbara Boulevard to Davis Boulevard Municipal Service
Taxing Unit approved this amendment to Ordinance 2009 -44.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Section Three, Purpose and Governing Body is hereby amended as
follows:
Section Three.
Purpose and Governing Body.
The MSTU is created for the purpose of providing landscaping and spfinller- systems
irrigation capital improvements for the section of Radio Road from Santa Barbara Boulevard east
to Davis Boulevard. This MSTU ,
��ieh ever- happens seene shall be dissolved upon recommendation by the MSTU Advisory
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Committee and approval by the Board of County Commissioners after iayment of all owl
indebtedness incurred for the project and completion of the project
SECTION TWO. Section Four, Funding and Levy of Taxes is hereby amended as follows:
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, until the project is either
completed, all related indebtedness is paid and the MSTU is dissolved as provided in Section
Three or- when six (6) yeafs is up, whieh . The estimate shall describe the
purpose for which the moneys are required and the 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 shall fix and cause to be levied on all properties within the MSTU subject to
taxation a millage rate not to exceed .5 mils per year.
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 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 FOUR. 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
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4/24/2012 Item 16.A.12.
renumbered or re- lettered to accomplish such, and the word "Ordinance" may be changed to
"Section," "Article," or any other appropriate word.
SECTION FIVE. 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 22nd day of May, 2012.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
Approved as to form and
Legal sufficiency:
Scott R. Teach
Deputy County Attorney
ME
FRED W. COYLE, CHAIRMAN
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