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Backup Documents 05/22/2012 Item #17A5 -22 -12 u A AMENDING 2009 -44 RADIO RD MSTU 7 An, COLLIEK i UUN TY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: ATM/Growth Mgmt. Division Person: Date: 4 -24 -2012 Petition No. (If none, give brief description): An amendment to Ordinance No. 200944 Radio Road East of Santa Barbara Blvd. to Davis Blvd. MSTU. Petitioner: (Name & Address): Radio Road East MSTU /ATM DEPT. Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before 5 -22 -2012 BCC BZA Other Requested Hearing date: (Based on advertisement appearing 15days before hearing. Newspaper(s) to be used: (Complete only if important): X Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2009 -44 (THE RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO 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; PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost? Yes X No If Yes, what account should be charged for advertising costs: PO# 4500133759. Reviewed by: r9' If • aS • iz Division Administrator or Designee Date List Attachments: Ordinance 2012 - and Purchase Order DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY:Date Received: 25+ /Date of Public hearing: 5--7:z,-r2-,-Date Advertised: 17A Ann P. Jennejohn From: SilleryTessie <TessieSillery@colliergov.net> Sent: Wednesday, April 25, 2012 11:08 AM To: Brock, MaryJo Cc: Ann P. Jennejohn; Arnold, Michelle; Richard, Darryl; Teach, Scott; Crotteau, Kathynell; Neet, Virginia; Lulich, Pamela Subject: Legal Adv. - R.R.East - Amend. Ordinance. Attachments: Legal adv.- r.r.east mstu- amend. ordinance ..pdf Thanks, let me know if you need anything else. UJi ride, Fh id Lave rr ail addresses are public records. if you do riot want your e-mail address released in response to a public ecords request, do not send e.ectrolly., mail to in 's entity. Instead, contact this office by telephone or in writing,. 17A 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 spit', ,s irrigation capital improvements for the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTU , whieh ever- happens sooner- shall be dissolved upon recommendation by the MSTU Advisory 17A Committee and approval by the Board of Count/ Commissioners, after payment of all 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 I to and including September 30 following, until the project is emer- completed, all related indebtedness is paid and the MSTU is dissolved as provided in Section Three . 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 17A 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 Fay: Approved as to form and Legal sufficiency: Scott R. Teach.. -' Deputy County Attorney FRED W. C.OYLE, CHAIRMAN 17A Ann P. Jennejohn To: legals @naplesnews.com Subject: Amending Ordinance 2009 -44 Attachments: Amending 2009- 44.doc; Amending 2009- 44.doc Good Morning, Please advertise the attached on Sunday, May 6, 2012. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 17A Acct #059460 April 26, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Amending Ordinance 2009 -44 Dear Legals: Please advertise the above referenced notice on Sunday, May 6, 2012, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500133759 17A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 22, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 COLLER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. i�a BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jennejohn 17A From: postmaster @coIIierclerk.com To: Naples Daily News Legals Sent: Thursday, April 26, 2012 9:23 AM Subject: Relayed: Amending Ordinance 2009 -44 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Naples Daily News Legals <mai Ito: legals @naplesnews.com> Subject: Amending Ordinance 2009 -44 Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, April 26, 2012 9:40 AM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS3C7A jpg Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad Date 04/26/12 Publication NON Account Number 508778 Ad Number 1947792 Total Ad Cost $249.06 1 i�a 17A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby iven that on Tuesday, May 2, 2012 in the Boardroom, 3rd Floor, Administration Building, Collier C%ufn1y Govertilment Center,. 3299 East Tarniami Trail, Naples, Florida, the Board, c+f County Commissioners AA+III consider the enactrt-rent of a County Ordinance. The meeting will commence at 9:00 AM, The title of the proposed ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2009 -4I (THE RADIO ROAD, EAST OF SANTA BARBARA 13OULEVARD TO THE INTERSECTION OF RADIO ROAD AND DAVIS BOULEVARD MUNICIPAL 5'ERVICE TAXING UNIT): AMENDING SECTION TH "REE, PURPOSE AND GOVERNING BODY; AMENDING SECTION FOUR, FUNDING AND LEVY 0F TAXES: PROVIDING FOR CONFLICT AND SEVERABILITY; PRt3VIDtN ' FOR INCLUSION IN THE COLLEIt COUNTY CODE OF LAWS AND ORDINANCES,,AND PROVIDING FAR AN EFFECTIVE GATE. Copies of the proposed Ordinance are cam file vvith the Clerk to the Board and are available for inspection All interested parties are invited to attend and be heard NOTE All persons vrishing to speak can any agenda item must register vtrith the County administrator rior to presentation of the agenda Item to be'addressed. Individual speakers vv I be limited to 3 minuteIs on any item. The selec-tion of an lndividual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for as group or organization may be al lotted 10 minutes to speak on are item. Persons wishing to have written or graphic materials inclraded in the Beard agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing, In arty case, written materials intended to be considered by the Roard shall be submitted -Co the appropriate County staff a minimum of seven days pries to the public hearing. All material used in presentations before -the Beard will become a permanent part of the record- Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, majt need 16 ensure that a verbatim record of the proceedings is made, � %,hich record includes the testimony arid . evidence upon which the appeal Is based. If you are a person with a disability who needs any, accommodation in carder to particlpate in this proceeding, you are entitled, at no cast to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at _3335 Tam%ami Trail East, Suite #101, Building W, Pjaples, Florida 4112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office.. BOARD OF COUNTY COM v115SIONE S COLLIER COUNre. FLORIDA FRED W. COYI E, CHAIRMAN DWIGHT E. BROCK. CLERK Bye: Arlin Jenr ejohn, Deputy Clerk (SEAL) 17 Ann P. Jennejohn From: NeetVirginia <VirginiaNeet @colIiergov.net> Sent: Thursday, April 26, 2012 10:15 AM To: Ann P. lennejohn Cc: Sillery, Tessie; Williams, Steven Subject: RE: Ad Confirmation Ann: Per Scott Teach, ad is good to go. Dinny - - - -- Original Message---- - From: Ann P. Jennejohn [ mai Ito: Ann.Jenneiohn @coIIierclerk.coml Sent: Thursday, April 26, 2012 10:04 AM To: SilleryTessie Cc: NeetVirginia Subject: FW: Ad Confirmation Good Morning, Please look over the attached legal notice for the proposed Ordinance Amending 2009 -44. It's scheduled for publication Sunday, May 6. Thank you! Ann - - - -- Original Message---- - From: Green, Amy [mai Ito: AGreen @ Nap lesnews.coml Sent: Thursday, April 26, 2012 9:40 AM To: Ann P. Jenne john Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 04/26/12 Publication NDN Account Number 508778 Ad Number 1947792 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, April 26, 2012 10:30 AM To: 'Green, Amy' Subject: RE: Ad Confirmation Looks great Amy, please publish the notice. Thank you. Ann - - - -- Original Message---- - From: Green, Amy [mai Ito: AGreen @ Nap lesnews.coml Sent: Thursday, April 26, 2012 9:40 AM To: Ann P. Jennejohn Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 04/26/12 Publication NON Account Number 508778 Ad Number 1947792 Total Ad Cost $249.06 1 17A NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Barbara Boyer, who on oath says that she serves as the Sales Coordinator of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on May 6th, 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for public ion in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 10th day of May, 2012 hla OJ J (SignaYure of notary p blic) tiY'PY -. CRYSTAL G. JONES MY COMMISSION # DD 881614 *: ' EXPIRES: June 27, 2013 ry public Nota Undervmters s Bonded ThN o�F. RECEIVED, MAY 11,�f FINANCE 17A uffllf; N NC NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 22 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the . Board of County Commissioners Will consider the enactment of a County Ordinance. The meeting will commence at 9;00 A.M. The title of the proposed Ordinance is as follows: 'AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 200444 CrHE. RADIO ROAD, EAST OF SA����'tt'A BARBARA BOULEVARD TO THE INTERSECTION OF RADIO ROAD AND DAVIA480UBAI MUNICIPAL SERVICE_ TAXING . UNIT)' AMENDING SECTION THREE, PURPOSE AND 'GOVERNING BOD'Y`.- AMENDING SECTION FOUR FUNDING AND LEVY OF TAXES; PROVIDING F R `EONFLICT AN6 3EVERABILITY; PROVIDING FOR INCLUSION IN THE COLLER COI)NTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must,,regoor with.the County administrator prior to presentation of tho� agenda tem-tope addressed. Individual spe5kers will be limited to 3 minutes orr'any item: YN6 selection of an individual to speak on behalf of an organization or group is encourpged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said, - material a minimum of 3 weeks. prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a' minimum of seven days prior to the public hearing. All material used in presentations before ,the Board wr I become a permanent part of the record. Any person who decides to''appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence uport which the appeal is based. If you are a. person with a disability who needs any accornmbdation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building 1N; Naples, Florida 34112, Q39) 2528380, Assisted listening devices for the, hear rig "impaired are available in the County Commissioners' Office. BOARD OF COUNTY OOMMISSLO14ERS COLLIER COUNTY, FLORIDA. _ FRED W..COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) r.... c 2 .Ne. t967792 01 .... ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu h routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. (Initial ) Applicable) 2. May 22, 2012 Agenda Item Number 17A 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4. Scott R. Teach, Deputy County Attorney County Attorney Number of Original 05.24.12 5 Ian Mitchell, BCC Executive Manager Board of County Commissioners Documents Attached 514? J 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Scott R. Teach Phone Number (239) 252 -8400 Contact (Initial ) Applicable) Agenda Date Item was May 22, 2012 Agenda Item Number 17A Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Ordinance No. 2012 -27 (Radio Road — Number of Original 1 Attached Davis Blvd. MSTU) 'Lp12.— I 1 Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 « matter _number» /<<document_numberu Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial ) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the SRT Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and N/A all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or SRT the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and SRT initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be SRT provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 05/22/12 and all changes made during the meeting SRT have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. Please return one (1) CERTIFIED copy to Scott R. Teach, Deputy County Attorney. Please SRT charge costs to following cost center: 166 162 526. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 « matter _number» /<<document_numberu 17 A M MEMORANDUM DATE: June 5, 2012 TO: Darryl Richard, Project Manager Alternative Transportation Modes FROM: Ann Jennejohn, Deputy Clerk Minutes & Records Department RE: Validated Ordinance 2012 -17: Amending 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 Attached for your records is a certified copy of the Ordinance referenced above, (Item #17A) adopted by the Board of County Commissioners on May 22, 2012. A copy was also sent to the Property Appraiser's Office (E. Kerskie) and the County Attorney's Office. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment 17A ORDINANCE NO. 2012-17 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; 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 sir -stems irrigation capital improvements for the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTU will stmset when the M°jeet is ee pletea „_ .._ _ -. • °... shall be dissolved upon recommendation by the MSTU Advisory 17A Committee and approval by the Board of County Commissioners, after payment of all 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 eider completed, all related indebtedness is paid and the MSTU is dissolved as provided in Section Three or- -when six years is up, whie' :'e= eemes first.. 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 E51 17p 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. ATTEST: D W IGHT E 'bs CLERK r - �e Approved as to form and Legal sufficiency: Scott R. Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Y: FRED W. COYLE, CHAIJOIAN 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 and correct copy of: ORDINANCE 2012 -17 17A which was adopted by the Board of County Commissioners on the 22nd day of May, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of May, 2012. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners OP By: Martha V rgara,,. Deputy