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Agenda 03/26/2019 Item # 9B9.B 03/26/2019 EXECUTIVE SUMMARY Recommendation to approve an ordinance to modify Ordinance No. 96-84, as amended, to amend the boundaries and incorporate provisions to improve the look and usability of the public areas the within the Radio Road Beautification Municipal Service Taxing Unit (MSTU) boundaries. OBJECTIVE: To clarify the purpose and intent of the Radio Road Beautification MSTU and to continue to enhance the public areas within the MSTU boundaries. CONSIDERATIONS: The Board of County Commissioners (Board) created the Radio Road Beautification MSTU on December 17, 1996, to allow for beautification of Radio Road between Airport Pulling Road and Santa Barbara Boulevard. At this time, all planned improvements within the MSTU boundaries have been completed except for the improvements to the entrance of the Rich King Memorial Greenway. The Radio Road Advisory Committee would like to explore improvements along the Rich King Memorial Greenway, however, portions of the right-of-way were not included in the MSTU boundaries because the boundaries followed section lines rather than property lines for that portion of the MSTU. The Advisory Committee would like to modify the District boundary so that any improvement plan contemplated for the Greenway can be comprehensive in scope. The modification of the boundaries adds four (4) properties, owned by Collier County, which consists of the Rich King Memorial Greenway between Radio Road and Davis Boulevard and are adjacent to the existing MSTU boundary. This modification will have no effect on the tax base of the MSTU but will provide for improvement of the complete section of the Greenway. Some of the improvements being considered include landscaping and the addition of exercise stations on the Greenway. All proposals for improvements will be vetted with the communities within the MSTU through a Public Outreach Plan. The Greenway is currently maintained by the Parks and Recreation Division. In addition to amending the boundaries of the MSTU, the proposed amendment clarifies the purpose of the MSTU as follows: The MSTU is created for the purpose of (1) providing beautification, curbing, watering facilities, plantings, and maintenance of the median areas and rights-of-way for that portion of Radio Road lying between Airport -Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road within the MSTU boundaries, and for the purpose of providing for hardscape, watering facilities, plantings, and maintenance of to the of*,..,„ee to the Rich King Memorial Greenway, as depicted in Exhibit "A.” attached to Ord. No. 2013-43 on file with the County, lying within the MSTU boundaries, which is open to the public and utilized for recreational purposes; Q providing traffic calming improvements, street lighting, drainage, and sidewalks within the MSTU; and (3) providing for the Burial of Power Lines within the MSTU. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. The MSTU advisory committee voted 4-0 on February 12, 2018 and 5-0 on January 28, 2019 to recommend the approval of the ordinance modification. The Board on March 12, 2019 directed the County Attorney to advertise the ordinance modification and bring it back to the agenda for the final hearing. Packet Pg. 87 9.B 03/26/2019 FISCAL IMPACT: The Fiscal impact consists of the cost to advertise the Ordinance amendment, which is less than $500. Funding is available within the Radio Road Beautification MSTU Fund (158). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To approve an ordinance to modify Ordinance No. 96-84, as amended, to amend the boundaries and incorporate provisions to improve the look and usability of the public areas within the MSTU boundaries. Prepared By: Harry Sells, MSTU Project Manager, Public Transit & Neighborhood Enhancement Division ATTACHMENT(S) 1. Proposed Amended Ordinance 2019-_ CAO Stamped (PDF) 2. Radio Road MSTU Proposed Boundary Change (PDF) 3. Radio Road Ordinance 96-84 (PDF) 4. Radio road Ordinance 97-52 (PDF) 5. Radio Road Ordinance 2002-59 (PDF) 6. Radio Road Ordinance 2013-43 (PDF) 7. Legal Ad - Agenda ID 8308 (PDF) Packet Pg. 88 9.B 03/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 9.B Doe ID: 8308 Item Summary: Recommendation to approve an ordinance to modify Ordinance No. 96-84, as amended, to amend the boundaries and incorporate provisions to improve the look and usability of the public areas within the Radio Road Beautification Municipal Service Taxing Unit (MSTU) boundaries. Meeting Date: 03/26/2019 Prepared by: Title: Project Manager — Public Transit & Neighborhood Enhancement Name: Harry Sells 03/14/2019 8:42 AM Submitted by: Title: Division Director - Pub Tran & Nbrhd Enh — Public Transit & Neighborhood Enhancement Name: Michelle Arnold 03/14/2019 8:42 AM Approved By: Review: Public Transit & Neighborhood Enhancement Caroline Soto Public Transit & Neighborhood Enhancement Michelle Arnold Public Services Department Kimberley Grant Level 1 Reviewer Public Services Department Todd Henry Level 1 Division Reviewer Public Services Department Steve Carnell Level 2 Division Administrator Review Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Budget and Management Office Ed Finn Additional Reviewer County Manager's Office Nick Casalanguida Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Additional Reviewer Completed Additional Reviewer Completed Completed 03/14/2019 10:52 AM Completed 03/14/2019 11:22 AM Completed 03/14/2019 1:48 PM Completed 03/14/2019 2:28 PM Completed 03/15/2019 10:12 AM Completed 03/15/2019 1:20 PM Completed 03/17/2019 7:59 PM 03/26/2019 9:00 AM Packet Pg. 89 9.B.a ORDINANCE NO. 2019 - AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 96-84, AS AMENDED, WHICH ESTABLISHED THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT ("MSTU"), BY MODIFYING THE BOUNDARIES OF THE MSTU AND BY CLARIFYING AND EXPANDING THE PURPOSE OF THE MSTU TO INCLUDE (1) PROVIDING BEAUTIFICATION AND MAINTENANCE OF OTHER PUBLIC AREAS WITHIN THE MSTU, INCLUDING THE RICH KING MEMORIAL GREENWAY; (2) PROVIDING TRAFFIC CALMING IMPROVEMENTS, STREET LIGHTING, DRAINAGE, AND SIDEWALKS WITHIN THE MSTU; AND (3) PROVIDING FOR THE BURIAL OF POWER LINES WITHIN THE MSTU; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, on December 17, 1996, the Board of County Commissioners (Board) adopted Ordinance No. 96-84, establishing the Radio Road Beautification Municipal Service Taxing Unit; and WHEREAS, on November 19, 2002 the Board adopted Ordinance No. 2002-59 which amended Ordinance 96-84 to allow median and right-of-way work on Radio Road and any adjoining public road within the MSTU boundaries and to include the cost of maintenance of the medians on Devonshire Boulevard; and WHEREAS, on June 11, 2013, the Board adopted Ordinance No. 2013-43, further amending Ordinance No. 96-84 to allow MSTU funds to be used to provide enhancements to the r entrance of Rich King Memorial Greenway along Radio Road, but within the boundaries of the MSTU; and Q WHEREAS, on Feb 12, 2018, the advisory committee for the Radio Road Beautification CI MSTU voted unanimously to recommend modification of Ordinance No. 96-84, as amended, to N more clearly reflect the ongoing desire to improve the look and usability of all the public areas within the MSTU. c NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY o COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 96-84, as amended, is hereby further amended to read as follows: a� E SECTION ONE: Amendment of Ordinance a y (A) Section "Two (Creation of the Municipal Service Taxing Unit) is hereby amended a - by changing the boundaries of the MSTU as follows: a a� E r r [19 -ATM -00464/1462153/1] Q Words Underlined are added; Words StFue1E-Thmuo are deleted. y� Page I of 3 Packet Pg. 90 9.B.a The South '/2 of the South 1/2 of the Southwest 1/4, and the Southwest 1/4 of the Southeast 1/4 and the West %2 of the Southeast 1/4 of the Southeast 1/a; and that portion of the East %2 of the Southeast %a of the Southeast V4 lying south of Market Avenue and East of Commercial Boulevard, all within Section 36, Township 49 South, Range 25 East; and All of Section 31, Township 49 South, Range 26 East; and That portion of Section 32, Township 49 South, Range 26 East, lying South of and West of Interstate Highway No. 75; and The North %2 of the North %2 of the Northwest %4; and the North 1/2 of the Northeast 1/4 of Section 1, Township 50 South. Range 25 East; and Section 6 Township 50 South, Range 26 East, less the Southeast 1/4; plus, parcel numbers 25891000647 60606000059 60605500042 and 60605000102 which make up the western 100 feet of the Southeast 1/4 which are owned by Collier County and are a portion of the Rich King Memorial Parkway All of Section 5, Township 30 South, Range 26 East, all being located within Collier County, Florida. (B) Section Three (Purpose and Governing Body) is hereby amended as follows: The MSTU is created for the purpose of: (D providing beautification, curbing, watering facilities, plantings and maintenance of the median areas and rihtg s -of for that portion of Radio Road lying between Airport -Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public within the MSTU boundaries, and for the purpose of providing for hardscape, watering facilities, plantings, and maintenance of to the -efAfflftee-fie the Rich King Memorial Greenway, as depicted in Exhibit "A." attached to Ord. No 2013-43 on file with the County, lying within the MSTU boundaries, which is open to the public and utilized for recreational purposes. (2) Providing traffic calming improvements street lighting, drainage, and sidewalks within the MSTU; and (3) providing for the Burial of Power Lines within the MSTU. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. 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 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. [19 -ATM -00464/1462153/11 %& Words Underlined are added; Words eek T4weugh are deleted. Page 2 of 3 Packet Pg. 91 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 this 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 be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2019. ATTEST: Crystal K. Kinzel, Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney [19 -ATM -00464/1462153/1] BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk William L. McDaniel, Jr., Chairman Words Underlined are added; Words Stfusk Theagh are deleted. Page 3 of 3 9.B.a a Packet Pg. 92 dC L.d� OV X-4 IF NY *# #LX IF4 L 41F P. of".. od 131 vd - *'%0 ti 0 6W, LPV�Y I Z- ILI 1:_yam 7 - ll�.Rcf PI aft LI IN !Do Ell .s in -0-F s in I r ---W M : = 1 4 �7 JAI .n n " ORDINANCE NO. 96-__.aQ AN EMERGENCY ORDINANCE CREATING THE RADIO ROAD`.` .•- / R BEAUPIFICATION MUNICIPAL SERVICE TAXING UNIT; _ PROVIDING THE AUTHORITY; PROVIDING FOR THE CREAT.QN r PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDIk,'_ o FUNDING AND THE LEVY OF NOT TO EXCEED ONE-HALF MILL OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR CONFLICT • AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR DECLARATION OF EMERGENCY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Radio Road between Airport -Pulling Road and Santa Barbara Boulevard has been improved to include the construction of a median which varies between 20 and 35 feet in width; and WHEREAS, the County has received numerous inquiries relating to beautifying the median for the benefit of the adjacent properties; and WHEREAS, this portion of Radio Road does not qualify as a "Gateway Corridor" and there is little opportunity for landscape improvements in the near future; and WHEREAS, the Board of County Commissioners has determined that the best method for funding the landscape improvements within the median areas of Radio Road between Airport -Pulling Road and Santa Barbara Boulevard is by the emergency creation of the Radio Road Beautification Municipal Service Taxing Unit. NOW, THEREFORE, BE IT ORDAINED SY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE, Authority. This Ordinance is adopted pursuant to the provisions of Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and other applicable provisions of law. BACTION TWO. Creation of the Municipal Service Taxing Unit. There is hereby created and established the Radio Road Beautification Municipal Service Taxing Unit, hereinafter referred to as "MSTU". The boundaries of the MSTU are as follows: The South 1/2 of the South 1/2 of the Southwest 1/4; and the Southwest 1/4 of the Southeast 1/4; and the test 1/2 of the Southeast 1/4 of the Southeast 1/4; and that portion of the East. 1/2 of the Southeast 1/4 1 __._......�._..._.-�_.,..__ Packet Pg. 94 of the Southeast 1/4 lying South of Market Avenue and East of Commercial Boulevard, all within Section 36, Township 49 South, Range 25 East; and All of Section 31, Township 49 South, Range 26 East; and That portion of Section 32, Township 49 south, Range 26 East, lying South of and West of Interstate Highway • No. 75; and The North 1/2 of the North 1/2 of the Northwest 1/4; and the North 1/2 of the Northeast 1/4 of Section 1, Township 50 South, Range 25 East; and Section 6, Township 50 South, Range 26 East, less the Southeast 1/4; and All of Section 5, Township 50 South, Range 26 East, all being located within Collier County, Florida. @LSTION THREE. Purpose and Governing Body. The MSTU,is created for the purpose of providing curbing, watAring facilities, plantings and maintenance of the median areas for that portion of Radio Road lying between Airport -Pulling Road (County Road 31) and Santa Barbara Boulevard. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. 82CTION YOUR. 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. 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 one-half a mill • per year. SECTION YI9E. Tax Assessment and Collection. Taxes herein provided for shall be aussssed and collected in the same manner and form as provided for the assessment and 2 9.B.c Packet Pg. 95 collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION BIZ. 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 this 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 SEVEN. Inclusion in the Coda of Laws and Ordinances. The provisions of this ordinance shall become and be made a part of the Coda of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION EIGHT. Declaration of Emergency. This Board does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than four-fifths (4/5ths) vote of the membership of this Board does hereby waive notice of intent to consider this ordinance. SECTION NINE. Effective Date. A certified copy of this Ordinance, as enacted, shall be filed with the Department of State by the Clerk of the Board of County Commissioners as soon after enactment by said Board as is practicable by depositing the same with the postal authorities of the Government of the United States for special delivery by certified mail to the Department of State. This Ordinance shall become effective when a copy has been ® accepted by the postal authorities of the Government of the United States as set forth in Section 125.66(3), Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners 3 9.B.c Packet Pg. 96 of Collier County, Florida, this ,day of b1� , .1996. ATTEST:. DWIGHT.E. BROCK, CLERK Ap(aT ved as to fora and S , le sufficiency: av d C. Wei n County Attorney This OrdinCrr� r' - ' mz orxioc Y.rrwlr,•-r . -- r! I—' f li CCrYCtf th-S J0.4— •/ r of, ip9L By o., n r • 4 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: HN C. NORRIS, CHAIRMAN 9.B.c Packet Pg. 97 • STATE OF FLORIDA) , COUNTY OF COLLIER), 9.B.c 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: ORDINANCE NO. 96-84 Which was adopted by the Board of County Commissioners on the 17th day of December, 19J6, during Regular Session via emergency procedures. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, FloriCa, this 18th day of December, 1996. DWIGHT E. BROCK �_ '4��.'•. Clerk of Courts and clerk•''' �:�;. Ex -officio to Board of County Commissioners B Maureen. •Kenyon:s : ' Deputy Clerk. Packet Pg. 98 r;1 U E ORDINANCE NO. 97-52 AN ORDINANCE CREATING THE RADIO ROAD,, BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING' FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING FORTH THE FUNCTIONS, POWERS m AND DUTIES OF THE COMMITTEE; SETTING FORTH THE n DUTIES OF THE COUNTY ADMINISTRATOR OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; a PROVIDING FOR INCLUSION IN CODE OF LAWS AND rn ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 86-41, as amended, sets forth the requirements for creating County Advisory Boards; and WHEREAS, Collier County Ordinance No. 96-84 created the Radio Road Beautification Municipal Service Taxing Unit in Collier County,,Florida; and WHEREAS, the Board of County Commissioners desires to establish an advisory committee to advise the Board of County Commissioners on matters pertaining to the Radio Road Beautification Municipal Service Taxing Unit (MSTU). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE. Creation of the Radio Road Beautification Advisory Committee. There is hereby created and established the Radio Road Beautification Advisory Committee, hereinafter referred to as the "Committee" SECTION TWO. AEpointment and Composition. A. The Committee shall consist of five (5) members which generally represent the area within the Radio Road Beautification Municipal Service Taxing Unit as said MSTU is described in Collier County Ordinance No. 96-84. M Packet Pg. 99 9.B.d B. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within the MSTU and electors of Collier County. The Board shall consider appointment of members from different subdivisions or communities within the 0 MSTU. C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a term of two (2) years. B. Two (2) members shall be appointed for a term of three (3) years. C. One (1) member shall be appointed for a term of (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be E e_ 00 for the remainder of the unexpired term of office. M SECTION FOUR. Removal from office; Failure to attend meetings. 04 rn Committee member attendance requirements, including failure (D U C to attend meetings and member removal from office are governed by c ordinance No. 86-41, as amended, or by its successor ordinance. 0 0 P 0 c 2 - Packet Pg. 100 9.B.d SECTION FIVE. Officers; Quorum; Rules of Procedure. A. At its earliest opportunity, the membership of the 0 w Committee shall elect a chairman and vice chairman from among the a� members. officers' terms shall be for one (1) year, with E 0 eligibility for re-election. B. The presence of three (3) or more members shall v °O to M constitute a quorum of the Committee necessary to take action and z 0 transact business. c c C. The Committee shall, by majority vote of the entire O membership, adopt rules of procedure for the transaction of =a 0 business and shall keep a written record of meetings, E 0 resolutions, findings a determinations. Copies of all a� c c Committee minutes, resolutions, reports, and exhibits shall be 0 submitted to the Board of County Commissioners. a� SECTION SIX. Reimbursement of Expenses. 0 L Q Q Members of the Committee shall serve without compensation, M 0 w c but shall be entitled to receive reimbursement for expenses .o w reasonably incurred in the performance of their duties upon prior a� E approval of the Board of County Commissioners. E 0 SECTION SEVEN. Functions, Powers and Duties of the Committee. a� 00 The functions, powers and duties of the Committee shall be Cl as follows: � rn A. To aid and assist the Board of County Commissioners in m L) c carrying out the purposes of providing curbing, watering 0 c L facilities, plantings and maintenance of the median areas as set O 0 forth in Collier County Ordinance No. 96-84. 0 L B. To prepare and recommend to the Board of County ' R Commissioners an itemized budget of the amount of money required c 0 E to carry out the business of the Municipal Service Taxing Unit 0 for the next fiscal year. In carrying out this responsibility, , Q - 3 - Packet Pg. 101 the Committee shall, no later than April. 1" of each year, meet with the County Administrator or his designee and outline to the County Administrator or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Administrator or his ® designee shall prepare a proposed budget for the Municipal Service Taxing Unit, in accordance with the standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Administrator or his designee to the Board of County Commissioners for adoption in accordance with the pr:::edures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1" of each year, the County Administrator or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee shall recommend work programs and priorities to the County Administrator or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee. Said work may be performed under contract (in accordance with law) or by County forces. D. The Committee may adopt and amend "Guidelines" to govern ® its operation and the operation of the Municipal Service Taxing Unit, subject to approval by the Board of County Commissioners. - 4- 9.B.d Packet Pg. 102 SECTION EIGHT. Duties of the County Administrator or his Designee. The duties of the County Administrator or his designee shall be. A. To administer the activities of the Municipal Services Taxing Unit in accordance with established polices of the Board Aft of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Seven, Paragraph B, above. C. To provide periodic written reports to the Committee, the County Administrator or his designee and the Board of County Commissioners of the activities of the Municipal Service Taxing Unit and its finances in accordance with established guidelines of the Board of County Commissioners or the Committee. D. Attend.all Committee meetings. SECTION NINE. Review Process. This Committee shall be reviewed once every four (4) years commencing 2001, in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended, or its successor ordinance. SECTION TEN. 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 this 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 0 affect the validity of the remaining portion. - 5 - 9.B.d Packet Pg. 103 1-1 SECTION ELEVEN. 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWELVE. Effective Date. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 21st day of October, 1997. ATTEST i. DWIGHT E:;BkCK, Clerk J Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: _ ���40m� TIMOTHY . HANCOCK, Chairman h:/ew/hfa/0rdinancc1 /Radio Road Bcautification Advisory Committee Thi3 Ordincx+c,,, f;'- Sr. ;'Sc dct•, C, chi 195' 7 of BY ,ry Cso.t 9.B.d Packet Pg. 104 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: ORDINANCE NO. 97-52 Which was adopted by the Board of County Commissioners on the 21st day of October, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of October, 1997. DWIGHT E. BROCK �..i Clerk of Courts anc�: Clerk Ex -officio to BoarcV of,. County Commissioners; By: Ellie Hoffman Deputy Clerk 9.B.d Q Packet Pg. 105 0 9.B.e ORDINANCE NO. 2002- .59 AN ORDINANCE AMENDING COLLIER COUNTY;'::- ORDINANCE NO. 96-84 WHICH CREATED THE RADIO ,�t23q ROAD BEAUTIFICATION MUNICIPAL SERVICE-----: 3o sej TAXING UNIT; PROVIDING FOR AMENDMENT TOY> SECTION THREE TO EXPAND THE PURPOSE TO i_ N [ DEC j INCLUDE THE COST FOR CURBING, WATERING FACILITIES, PLANTINGS AND MAINTENANCE OF TH�v� RECEIVED )g_, w MEDIAN AREAS OF ANY PUBLIC ROADWA y ADJOINING RADIO ROAD WITHIN THE BOUNDARIES'"' o OF THE UNIT; PROVIDING FOR INCLUSION IN THE ozusl- CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 17, 1996, the Board of County Commissioners adopted Ordinance No. 96-84 which created the Radio Road Beautification Municipal Service Taxing Unit ("MSTU"); and WHEREAS, on September 17, 2002, the Radio Road Beautification Municipal Service Taxing Unit Advisory Board voted to include the cost of maintenance of the medians on Devonshire Boulevard in the fiscal year'92/'93 budget; and WHEREAS, the Board of County Commissioners desires to change the Ordinance to allow median and right-of-way work on Radio Road and any adjoining public road within the MSTU boundaries. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO.1996-84. Section Three is amended to read as follows: SECTION THREE: PURPOSE AND GOVERNING BODY. The MSTU is created for the purpose of providing curbing, watering facilities, plantings and maintenance of the median areas for that portion of Radio Road lying between Airport - Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road within the MSTU boundaries. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. 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 Ordinance may be renumbered or 1 `. Words Underlined are added; Words Stmek Through are deleted. Packet Pg. 106 9.B.e re -lettered to accomplish such, and the word 'ordinance may be changed to "section," ° or any other appropriate word. Assistant County Attorney M ro b:HFA%DtdkAmmdRadioRdiBeautificatioa96-84 2 Words Underlined are added; Words Struck T-hreugh are deleted Packet Pg. 107 c SECTION THREE: CONFLICT AND SEVERABILITY. E 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 rn invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Z separate, distinct and independent provision and such holding shall not affect the validity of the Q remaining portion. c =a L O SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. o E 0 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier CountFlorida,this � f+ day of I�yemlo2r , 2002. ° � :. ,..Y;F BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ° 4IiQCK, CLERK 0 B�l.tta� fYb�mMt �CL C By 1 ° JA S N. COLETTA, CHAIRMAN This ordinance filed with the Approved as to form and >l'd Y of State'sofficethe E legal sufficiency: and a�lcnowledgement o that 2 E ° filing received this day of nY Heidi F. Ashton co c Assistant County Attorney M ro b:HFA%DtdkAmmdRadioRdiBeautificatioa96-84 2 Words Underlined are added; Words Struck T-hreugh are deleted Packet Pg. 107 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: ORDINANCE NO. 2002-59 Which was adopted by the Board of County Commissioners on the 19th day of November, 2002, during Regular Session. 0 WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of November, 2002. DWIGHT E. BROCK Clerk of Courts and Clerk Ex -officio to, Board of County Lotti ,ners J. By: atrr-1'*-'&1a - .: 20rgan, e rk� 9.B.e Packet Pg. 108 9.B.e RESOLUTION NO. 97-__l84 A RESOLUTION AUTHORIZING A LOAN FROM FUND 341 AS THE FUNDING SOURCE FOR THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT FACT SHEET AND RELATED PRINTING AND MAILING EXPENDITURES IN ORDER TO SURVEY PROPERTY OWNERS WITHIN THE RADIO ROAD M.S.T.U. AND TO APPROVE THE FACT SHEET FOR SAID SURVEY -1 Packet Pg. 109 WHEREAS, the Board of County Commissioners on December 17, 1996 adopted an Emergency Ordinance No. 96-84 which provides for the creation of the Radio Road Beautification Municipal Service Taxing Unit; and WHEREAS, the creation.of the Radio Road Beautification Municipal Service Taxing Unit provides for the levy of ad valorem taxes to provide curbing, irrigation facilities, lighting, landscape plantings and maintenance of the median areas; and WHEREAS, this Resolution provides for conducting a survey in order to obtain expressions of sentiments from the property owners within the boundaries of the Radio Road Beautification Municipal Service Taxing Unit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section One. The Board of County Commissioners hereby finds that the distribution of a Fact Sheet and Survey to provide factual information to the property owners within the boundaries of the Radio Road Beautification Municipal Service Taxing Unit is in the best public interests of the citizens of Collier County and within the particular area designated as a Municipal Service Taxing Unit. Section Two. The Board of County Commissioners hereby finds that the information as set forth in the Fact Sheet attached hereto as Exhibit "A", appropriately provides fair and impartial information to the citizenry and property owners within the boundaries of the Radio Road Beautification Municipal Service Taxing Unit. -1 Packet Pg. 109 9.B.e Section Three. The Board of County Commissioners hereby approves the Radio Road Beautification Municipal Service Taxing Unit Fact Sheet and Survey in substantially the form attached hereto as Exhibit "A" and approves the Survey as an appropriate means to solicit public feedback. Section Four. The cost of the Fact Sheet and Survey in an amount not to exceed $5,000 is hereby authorized as a loan from the Assessment Receivable Fund No. (341). Said loan shall be repaid from the Radio Road Beautification MSTU with appropriate interest within one (1) year of the date of this Resolution. This Resolution adopted this a -f -day of March, 1997, after motion, second and majority vote. } "ATTEST ` 'bWIGHT Ef,:',$F(OCftc� , CLERK ApprpV6d' '`a .,to ',form and legal' gUfficidhdy: David C. Weigel' County Attorney 0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY V. 11ANCOI&K, CHAIRMAN -2- Packet Pg. 110 FILED #43 I:NTY. FLORIDA ORDINANCE NO. 2013- 4 3 2013 JUN 24 AM RAORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. CLERK OF COUR*84, AS AMENDED BY ORDINANCE NO. 02-59, WHICH CREATED THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE BY T6MNG UNIT; PROVIDING FOR AMENDMENT TO SECTION THREE TO EXPAND THE PURPOSE TO INCLUDE THE COST FOR CURBING, WATERING FACILITIES, PLANTINGS AND MAINTENANCE OF THE NORTH ENTRANCE OF THE RICH KING MEMORIAL GREENWAY, WHICH IS LOCATED ALONG RADIO ROAD WITHIN THE BOUNDARIES OF THE UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 17, 1996, the Board of County Commissioners adopted r� Ordinance No. 96-84 which created the Radio Road Beautification Municipal Sremice'axing Unit ("MSTU"); and En WHEREAS, on November 19, 2002, the Board of County CommissiGners vested To- r-- include the cost of maintenance of the medians of all adjoining public ro ._,`witIin 071 boundaries of the MSTU; and �1 '' r CD WHEREAS, on January 28, 2011 the Rich King Memorial Greenways formally opened to the public providing a 12 -foot wide asphalt path within the Florida Power and Light easement corridor for walkers, joggers, cyclists and in-line skaters; and WHEREAS, on March 19, 2012, the Radio Road Beautification MSTU voted unanimously to put aside MSTU funds for the beautification to the entrance of the Rich King Memorial Greenway; and WHEREAS, the Board of County Commissioners desires to amend the ordinance to allow for MSTU funds to be used to provide curbing, watering facilities, plantings and maintenance to the entrance of the Rich King Memorial Greenway, which is entirely located within an FPL easement and not within the medians or right-of-way of Radio Road, but is within the boundaries of the MSTU. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 1996-84, AS AMENDED BY ORDINANCE NO. 02-59. Section Three is amended to read as follows: 1 9.B.f Packet Pg. 111 SECTION THREE: PURPOSE AND GOVERNING BODY. 9.B.f The MSTU is created for the purpose of providing curbing, watering facilities, plantings and maintenance of the median areas for that portion of Radio Road lying between Airport - Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road within the MSTU boundaries— and for the purpose of providing for hardscaye watering facilities, plantings and maintenance to the entrance to the Rich King Memorial Greenway depicted in Exhibit "A." attached hereto lying within the MSTU boundaries which is open to the public and utilized for recreational purposes The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. 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 Ordinance may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," 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 as separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPT�(D by the Board of County Commissioners of Collier County, Florida, this _ _ day of J lel0 ei , 2013. A. 11 7 �� ATTEST.!%` 7a.. DWI HT E, B) 004 C PRK Atfc :t n �I�evp,u-1t- ,clerk +' q iq i 4j J� jjSai..�li? �tir . . Approved as to �orm and legal sufficiency: mily R. Penin, Assistaht County Attorney PA COMMISSIONERS , FLORIDA ller, Esq., Chairwoman This ordinance filed with the Secretary of States Office the 60y of _,_c It Ing — c and acknowledgement of that °' ;_ th doy filing received this _ � of f° r r By woutr C rk Q Packet Pg. 112 A 0 CD NORTH -SOUTH 1/4 LINE SECTION 6 , ONO Mo 08 0r N o � r CDm tD co t!j x :3. N (a n 0 (J O `^ 2 z w^ cn N CD >y �0 3 CD A .-r x n V, C] Al O x 21_1 :;u �u M D cC) z � O 7u M M m N 4 IX Z Iv ;n - 10 o 0 03 FW M>n 0;Urn Z n o (n:,> N� a m >MmO X z m n T M mn o � OA z 0 oz m O >Z 0 m K _< -+ n ? r 3 O M i m O O N A O m� _M n rc D M U) I 9.B.f I Sn 0 m -V e rn n D p ' p H n Mp !o 70b Tv j5.00'4J J.3'E `''• _ I I O 0 70b H Q �=I I O v 80.00' z I ?o n cn M Im OLUI i -0� o I 9 wo am I olp I m D I lomwo 0N I ZD a L4(P*r- (A> 50.0' — ��5.O I I AOX,0 xDxxn-�� nnm0 mvnmmomOMO ZM Mozz--uzzzoomz 0oo--yc� c)cn n m M n-ZG n� Mo O rOZ z Afn nO 0m➢r�<O ( Ox Dz �O. �zFn G7mmLgDu0m 0N0CD -4 r0� Zr- zQ'rz z m m" m z x Z� �oo� A_mr OC QMz-, coo 8aN8 x��o-,cm woOw 'M�n�-Aj0 �zym �c f„ �'0 w0ZAn � o n =+ -< mAA�, w6 = zo -� A m m oo��Ommc) n w Z M� 0 _ 5 O`_rl �j Cf)m g v z z M n� M M, , pTp n N, �m 0 0 n o z O Z ^'min O•V G)0 vnA z OOmcn 2)OO .-{ z,0o0 D ? - z m 0 = 0 < z ➢ - 8 m 1 m A n W zr"z m NQ`-r�7 Zm0 `rn 0 Mz H O=O Z, -n �zmZMZ I M m rn Z O � � L I 0 D 0 M N ON M D Ln 7°i m o o n = Zpp�►� M a`np�pnZ �ooZW�O = D ,o nmN -n > p Z�=pmD� 3:RgMM o v 3 C D w m y-nC =7v mm H 7D W A m M - V ::E � rl M M O N a� C R C R 0 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 2013-43 which was adopted by the Board of County Commissioners on the 11th day of June, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of June, 2013. DWIGHT E. BROCK Clerk of Courts and Clerk Ex -officio to Board of County Commissioners: 1, 4vy�: Teresa Can,ion? Deputy Clerk 9.B.f Packet Pg. 114 9.B.g AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing NOTICE OF PUBLIC HEARING to speak on any agenda item must register with the NOTICE OF INTENT TO County Manager prior to CONSIDER AN ORDINANCE presentation of the agenda Notice is hereby given that item to be addressed. a public hearing will be held Individual speakers will be by the Collier County Board limited to 3 minutes on any of County Commissioners on >- March 26, 2019, in the Board to speak on behalf of County Commissioners a ,n Meeting Room, Third Floor, the Chairman, a spokesperson Collier Government Center, for a group or organization 3299 Tamiami Trail East, may be allotted 10 minutes to Naples FL., the Board of speak on an item. County Commissioners (BCC) 0 will consider the enactment N of a County Ordinance. The included in the Board agenda meeting will commence at9:00 A.M. The title of the propose X Ordinance is as follows: U W AN ORDINANCE AMENDING weeks prior to the respective COLLIER COUNTY ORDINANCE public hearing. In any case, 96.84, AS AMENDED, WHICH written .materials intended ESTROAD to be considered by the B AUTIFICATIONLISHEDTHERADIO MUNICIPAL Board shall be submitted SERVICE TAXING UNIT to the appropriate County ("MSTU"), BY MODIFYING THE D BOUNDARIES OF THE MSTU = AND BY CLARIFYING AND F- EXPANDING THE PURPOSE OF in presentations before THE MSTU TO INCLUDE (1) the Board will become a PROVIDING BEAUTIFICATION permanent part of the record. AND MAINTENANCE OF OTHER Q PUBLIC AREAS WITHIN THE U MSTU, INCLUDING THE RICH t/f KING MEMORIAL GREENWAY; the proceedings pertaining (2) PROVIDING TRAFFIC W CALMING IMPROVEMENTS, N STREET LIGHTING, DRAINAGE, record of the proceedings is AND SIDEWALKS WITHIN THE �t MSTU; AND (3) PROVIDING o FOR THE BURIAL OF POWER Q LINES WITHIN THE MSTU; Z PROVIDING FOR CONFLICT If you are a person with a 00 9.B.g AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing v' to speak on any agenda item must register with the p Z County Manager prior to m presentation of the agenda = item to be addressed. Individual speakers will be e limited to 3 minutes on any individual item. The selection of any 13 to speak on behalf O of an organization oT group is encouraged. If recognized by >, 'L - -the the Chairman, a spokesperson 0 for a group or organization may be allotted 10 minutes to speak on an item. 0 Persons wishing to have 0 written or graphic materials a included in the Board agenda c packets must submit said material a minimum of 3 weeks prior to the respective 0 public hearing. In any case, r - written .materials intended M to be considered by the d Board shall be submitted > to the appropriate County Q staff a minimum of seven a days prior to the public 0. M hearing. All materials used in presentations before 0 the Board will become a e permanent part of the record. 0 Any person who decides to appeal any decision of the = Board will need a record of d the proceedings pertaining E thereto and therefore, may E need to ensure that a verbatim C record of the proceedings is V made, which record includes m the testimony and evidence upon which the appeal is based. 00 0 If you are a person with a 00 disability who needs any accommodation in order to 00 participate in this proceeding, M you are entitled, at no cost to . 00 you, to the provision of certain' assistance. Please contact the Collier County, Facilities M Management Division, located -0 at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112- 5356, (239) 252-8380, at least Q two days prior to the meeting. , Assisted listening devices . for the hearing impaired" Q are available in the Board of County Commissioners Office. f° Cn BOARD OF COUNTY a� J COMMISSIONERS COLLIER COUNTY, FLORIDA L. MCDANIEL, JR., CWILLIAM HAIRMAN 4) t t CRYSTAL K. KINZEL,, v CLERK OF THE CIRCUIT COURT & COMPTROLLER Q By: Ann Jennejohn MarchA4, 2019 r No.2249643' Packet Pg. 115