Backup Documents 07/28/2009 Item # 8B
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
D Nonnallegal Advertisement D Other:
(Display Adv., location, etc.)
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Originating Deptl Div: A TM- Transportation Division Person: Tessie Sillery Date: 7/2/09
Petition No. (If none, give brief description): RE: Radio Road East - AN ORDINANCE CREATING THE RADIO ROAD E
OF SANTA BARBARA BOULEV A R D TO DAVIS BOULEVARD MUNICIPAL SERVICE TAXING UNIT;
Petitioner: (Name & Address): Darryl Richard, Project Manager, A TM Department, 2885 South Horseshoe Drive,
NapIl's. Florida 34104
NamE' & Address ofan
Hearing before 7 /09 BCC BZA Other
Req' c',;ted Hearing date: (Based on advertisement appearing lO days before hearing.
Newspaper(s) to be used: (Complete only if important):
~Ies Daily News D Other D Legally Required
Prop'" :'d Text: (Include legal description & common location & Size.
ORDINANCE NO. 2009-
A', ORDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO DAVIS BOULEVA
. '!ICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING
1"'}!rOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED .5 MILS OF
\ LOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR mE CREATION
Till<: RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD ADVISORY COMMITTE
Ai'I'OINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTE
(d ORUM AND RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISO
UJ.\lMI'ITEE; PROVIDING FOR TilE DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING F
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS A
() ~lINANCES; PROVIDING FOR A'\ EFFECTIVE DATE.
Con'lhtnion petition(s), if any & proposed hearing date:
Do "tion Fee include advertising cost? ~ 0 No TfYes, what account should be charged for advertising costs: Pure e
On d by: . Fond '1 ~O 0 I {p ~ \" d- '-f 4r-ot/;~
Rev
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Div; <\dministrator or Designee Date
List' ,. "'hments: Amending Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Iniliating person to complete one coy and obtain Division Head approval before submitting to County Manag
'..: IClegal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before subml g to
dY Manager. The Manager's office will distribute copies:
o Requesting Division o Orlelnal
Dl .'"tanager agenda file: to
C1rr 'fI!r'e
B. :.~arings; Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
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F(l" !o.:'SOFFICE USE ONLY: 1/k/-tti- .~ 1-l rtd?
Date Received: Date of Puhlic hearing: . Date Advertised: I
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ORDINANCE NO. 2009-
AN ORDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DAVIS BOULEVARD MUNICIPAL SERVICE TAXING UNIT;
PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION;
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING
AND THE LEVY OF NOT TO EXCEED _5 MILS OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR
THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DAVIS BOULEVARD ADVISORY COMMITfEE,
APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE
OF THE ADVISORY COMMITTEE; QUORUM AND RULES OF PROCEDURE;
PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY
COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER
OR IDS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY
COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, at the June 23, 2009, meeting of the Board of County Commissioners the
Board was informed that the residents living in District 3 along Radio Road, East of Santa
Barbara Boulevard to the intersection of Radio Road and Davis Boulevard, requested
landscaping be installed along that section of roadway; and
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WHEREAS, the Board of County Commissioners has determined that the creation of a ,
municipal service taxing unit to be known as the "Radio Road, East of Santa Barbara Boulevard ~i
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to the intersection of Rad io Road and Davis Boulevard MSTU" is the best method for funding ~
and implementing the installation of this landscaping. ;~
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NOW, THEREFORE. BE IT ORDAlNED BY THE BOARD OF COUNTY .,
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COMMISSIONERS OF COLLIER COUNTY, FLORIDA tbat: :~
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SECTION ONE. Authority. ~
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This Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200,
Florida Statutes, and other applicable law.
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SECTION TWO. Creation of the Municipal Service Taxing Unit. ;,
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There is hcreby created and established the Radio Road, East of Santa Barbara Boulevard ~,
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to the intersection of Radio Road and Davis Boulevard municipal service taxing unit, hereinafter
referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Composite
Exhibit "A," which is incorporated herein by reference.
SECTION THREE. Purpose and Governing Body.
The MSTU is creatcd for the purpose of providing landscaping and sprinkler systems for
the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTU
will sunset when the project is completed, or in six (6) years, which ever happens sooner.
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 either
completed or when six (6) years is up, which ever comes fIrst. The estimate shall describe the ~
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purpose for which the moneys arc required and the amount necessary to be raised by taxation .i
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within the MSTU. A t 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.
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SECTION FIVE. Tax Assessment and Collection.
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Taxes herein provided for shall be assessed and collected in the same manner and form as 1-
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provided for the assessment and collection of general County taxes and subject to the same fees
Jllr assessing and collecting as general County taxes. ~
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SECTION SIX. Creation of the Radio Road, East of Santa Barbara Boulevard to the
intersection of Radio Road and Davis Boulevard MSTU Advisory
Committee, Appointment and Composition.
A. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee,
hereinafter referred to the "Committee."
B. The Committee shall consist of five (5) members which represent the area within the
MSTU. Member~; of the Committee shall be appointed by and serve at the pleasure of the
Board of COW1ty Commissioners. Said members shall be property owners of Collier
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County within the MSTU and permanent resident electors of Collier County. The Board f
of Count)' Com missioners shall consider appointment of members from different parcels,
subdivisions and/or the communities within the MSTU.
C. Appointment of the members to the Committee shall be by resolution of the Board of
County Commissioners, which resolution shall set forth the date of the appointment and
the term of office.
D. Members of the committee shall serve without compensation but shall be entitled to .j
receive reimbursement for expenses reasonably incurred in the performance of their
duties upon prior approval of the Board of County Commissioners.
E. Committee shall meet on an a<;-needed basis, but not less than once per year.
SECTION SEVEN. Terms of Office of the Advisory Committee.
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. "
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B. Two (2) members shall be appointed for a term of three (3) years. i:
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C. One (1) member shall be appointed for a term of four (4) years. ~
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Thereafter each appointment or reappointment shall be for a term of four (4) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired
term of office.
SECTION EIGHT. Officers of the Advisory Committee, Quorum And Rules of
Procedure.
A. At its earliest opportunity, the membership of the Committee shall elect a chairman and
vice chairman hem among its members. Officer's terms shall be for one (1) year, with
eligibility for rc-c lcction.
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B. The presence of three (3) or more members shall constitute a quorum of the Committee ,j
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necessary to taK(: action and transact business.
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C. The Committee shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a written record of the meetings,
resolutions, reports and exhibits, findings and determinations. Copies of all Committee
minutes, resoluticns, reports and exhibits shall be submitted to the Board of County
Commissioners
D. Committee mem her attendance requirements, including failure to attend meetings and
member removal from office are governed by Ordinance No. 2001-55, as it may be
amended, or by i t~~ successor ordinance.
SECTION NINE. Functions, Powers and Duties of the Advisory Committee.
The functions, powers and duties of the Committee shall be as follows:
A. To aid and assist the Board of COlmty Commissioners in carrying out the MSTU as set
forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized budget of
the amount of money required to carry out the business of the MSTU for the next fiscal
year. In carryi:lg out this responsibility, the Committee shall, no later than April 1st of
each year, meet with the County Manager or his designee and outline to the County
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Manager or his designee those projects which the committee wishes to see accomplished
during the next iiscal year. Based upon this information, the County Manager or his
designee shall prepare a proposed budget for the MSTIJ, in accordance with standard
County guidelines regarding preparation of budgets. This proposed budget shall then be
reviewed by the Committee and upon approval by the Committee be transmitted through
the County Manag.er or his designee to the Board of County Commissioners' policy.
Should the Committee fail to approve the budget by June 1st of each year, the County
Manager 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 Manager or
his designee is accordance with the adopted budget or budget amendments, which may be
adopted by the ELiard of County Commissioners. The execution of work programs shall
be under the din'ct supervision and responsibility of the County Manager or his designee. ,
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Said work ma~' be performed under contract (in accordance with the law) or by County H
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D. The Committee Play adopt and amend "Guidelines" to govern its operation and the
operation of tile ~,1STU, subject to approval by the Board of County Commissioners.
SECTION TEN. Duties of the County Manager or his Designee.
The duties oftlle County Manager of his designee shall be:
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A. To administer the activities of the MSTU in accordance with established policies of the ./
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Board of County (:ommissioners and guidelines adopted by the Committee. 1
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B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above. ~i
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C. To provide periodic written reports to the Committee, and the Board of County ;
Commissioners ,'f the activities of the MSTIJ and its finances in accord"nce with ~
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established guidel incs of the Board of County Commissioners and/or the Committee.
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D. Attend all Committee meetings.
SECTION ELEVEN, Conniet 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 1he Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, diistinct and independent provision and such holding shall not affect the validity of the !!
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remaining portion.
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SECTION TWEL VK Inclusion in the Code of Laws and Ordinances. Ii
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The provisions ()!' this Ordinance shall become and may be made a part of the Code of :!
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Laws and. Ordinances (If Collier County, Florida. The section of the Ordinance may be
renumbereld or re-Iet1ered to accomplish such, and the word "Ordinance" may be changed to
"Section," ~'Article," or :my other appropriate word.
SECTION THIRTEF:N, Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND nUL Y ADOPTED by the Board of County Commissioners of Collier
County, Fflorida this 2Rth day of July, 2009.
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BOARD OF COUNTY COMMISSIONERS
A TrEST: COLLIER COUNTY, FLORIDA
DWIGHTE. BROCK, CLERK
~ -~--- By:
DONNA FIALA, CHAIRMAN
Approved as to form and
Legal sufficiency:
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Scott R Teach
Deputy County Attorney
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EXHIBIT A - BOUNDARY MAP 8.B I .~
RADIO ROAD EAST BEAUTIFICATION MSTU ;t
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'--- - --- EXHIBIT A - PAGE 1 dF 2
E. " T C~rnLD ON 6-29-09 PY "ARRYL RICHARD PROJECT MANAGER
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EXHIBIT A - BOUNDARY LEGAL DESCRIPTION
LEGAL DESCRIPTION OF RADIO ROAD EAST BEAUTIFICATION MSTU
BEGINNING AT THE NORTHVJEST CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE RUN
SOlo02'26"E ALONG THE INEST LINE OF THE NORTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2794.71 FEET'
TO THE WEST QUARTER COK~JER OF SECTION 4; THENCE RUN S01"02'39"E ALONG THE WEST LINE OF TilE
SOUTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2716.04 FEET TO A POINT OF INTERSECTION WITH SAID
WEST LINE WITH THE NORTH RIGHT.OF-WAY LINE OF DAVIS BOULEVARD ACCORDING TO FLORIDA DEPARTMENT
OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03506-2601; THENCE RUN N89"01'SO"E ALONG SAD NORTH
RIGHT-OF-WAY LINE A DISTANCE
OF 1864.93 FEETTO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 2789.79 FEET; THENCE i N ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-Of-WAY L1Nr A
DISTANCE OF 2860.60 FECT'HROUGH A CENTRAL ANGLE OF 58"45'00" TO THE POINT OF TANGENCY T,'EREOF,
THENCE RUN N30"16'SO"[ !;LONG SJ'dD RIGHT-OF-WAY LINE A DISTANCE OF 3383.60 FEET TO THE POINT OF
CURVATURE OF A CURVE U'NCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2939.79 FEET; THENCF RUN
ALONG THE ARC OF SAID 'FVE AND SAID NOF,TH RIGHT-OF-WAY LINE A DISTANCE OF 2073.06 FEET THROUGH A
CENTRAL ANGLE OF 40"2.1' ij' TO A POINT OF INTERSECTION OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY
L1N: WITH THE SOUTH RICiHT.OF WAY LINE OF HADIO ROAD; THENCE DEPARTING SAID CURVE, FROM f TANGENT
BEARING OF N70'41'03"E; RUN NOO'53'S1"W A DISTANCE OF 100.03 FEETTOA POINT ON THE NORTH RIGHT-OF-
WAY LINE OF RADIO ROAD; THENCE RUN S89'06'09"W ALONG SAID NORTH RIGHT-OF-WAY LINE A DIS1ANCE OF
992.F6 FEET; THENCE DEfl/\RTING SAID NORTH RIGHT-OF-WAY LINE, RUN NOO'19'12"W ALONG THE WESTERN
BOl'NDARY LINES OF THE F'lr.T OF f,.\LM SPRINGS PLAZA, UNIT NO.1 AS RECORDED IN PLAT BOOK 8, F \GE 21 OF
-HE P:JBLlC RECORDS OF CO: L1ER COUNTY, FLORIDA, THE PLAT OF PALM SPRINGS VILLAGE UNIT 1 AC, EC(HDED
!. PC;, T BOOK 8, PAGE 2:=: (,e THE PUBLIC REeOhDS OF COlLIER COUNTY, FLORIDA AND THE PLAT OF ::\L M SPRING
ESTATES, UNIT 1 AS RECcc:rED IN PLAT BOOK 8, PAGE 22 OF THE PUBLIC RECORDS OF COLLIER COUN ' FLORIDA
A DISTANCE OF 2567.39 FC::FT TO THE NORTH\\'EST CORNER OF SAID PLAT OF PALM SPRINGS ESTATES. JNIT 1;
TH~rJCE RUN N8S"46'30''!: '. :JNG THE NORTH :!NE OF SAID PLAT A DISTANCE OF 1318.57 FEET TO Tlil:'
NORl HEASTCORNER OF 'Ji!"" PLAT, THEN CENTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26: ST, SAID
O:NT ALSO BEING A POIr iT (IN THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 75 ACCORDING TJ flORIDA
nEPARTMENT OF TRANspr'RTATION RIGHT-OF.WAY MAP SECTION 03175-2409; THENCE RUN N7300(;,~8"W
\li 'i: SAID SOUTHERLY CJ:;-.HT-OHVAY LINE !, DISTANCE OF 92.07 FEET TO THE POINT Of CURVATL : OF A
~l)R\jE CONCAVE SOUTH'NEe:, fERL Y AND HAW!G A RADIUS OF 11,297.16 FEET; THENCE RUN ALONG 1 'F ARC OF
1,10 CURvE AND ALONG S " SOUTHERLY RIC;HT-OF-WAY LINE A DISTANCE OF 3761.18 FEETTHROUC H A
c'. P<.AL ANGLE OF 19'0" ." TO THE POINT OF TANGENCY THEREOF; THENCE RUN SS7"S5'OO"W AI, Ie ~AID
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SOl' '1ERlY RIGHT-OF-Wi\/ INE A DISTANCE CI: 3633.67 FEETTO A POINT OF CURVATURE OF A CUPV, . ONCAVE
r~c;,r~EA5TERLY AND HI',\!" iG A R/\DIUS OF 5291.58 FEET; THENCE RUN ALONG THE ARC OF SAID Cll _ AND
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SAW SOU fHERL Y RIGHT-ri.O'JAY U~JE A DISTArICE OF 481.43 FEET THROUGH A CENTRAL ANGLE OF 0:"4')'55" TO 11
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1',- POINT OF INTERSEC: :(1 J OF.5 r,1D SOUTHFr,LY RIGHT-OF-WAY LINE WITH THE WEST LINE OF SEe i I ,'oj 33, i
OVJIJ:H!P 49 SOUTH, R/.G 26 EAST; THENCE DEPARTING SAID CURVE AND SAID SOUTHERLY RIGW- r:.WAY :t
I Nf, Rur, 500'04'00" E I,:(~,'; G SAID \VEST LINE OF SECTION 33 A DISTANCE OF 3180.97 FEET TO NORT' /, EST
ccr. .cR 0= SECTION 4, " ,'i' JSH IF 50 SOUHI, C(ANGE 26 EAST AND THE POINT OF BEGINNING. i
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_ r.I" INI~,G THEREIN 11 L'139 ACR.ES OR 49,4~)9,722.03 SQUARE FEET, MORE OR LESS.
EXHIBIT A - F ,.1.31;. 2. OF 2
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ACCT #068784
July 7, 2009
Legals
Naples Daily News
1075 Central A venue
Naples, Florida 34102
Re: Creating the Radio Road MSTU
Dear Legals:
Please advertise the above referenced notice on Friday, July 17,2009,
and kindly send the Affidavit of Publication, in duplicate, together with
charges involved to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500162524
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NOTICE OF INTENT TO CONSIDER ORDINANCE ; 88
Notice is hereby given that on Tuesday, July 28, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 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 CREATING THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DAVIS BOULEVARD MUNICIPAL SERVICE TAXING UNIT;
PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A
PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT
TO EXCEED .5 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE
COLLECTION OF TAXES; PROVIDING FOR THE CREATION OF THE RADIO ROAD
EAST OF SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD ADVISORY
COMMITTEE; APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF
OFFICE OF THE ADVISORY COMMITTEE; QUORUM AND RULES OF PROCEDURE;
PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY
COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER OR HIS
DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY COMMITTEE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; 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
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with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 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.
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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 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
( SEAL)
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Teresa L. Polaski
To: legals@naplesnews.com
Subject: Creating the Radio Road MSTU
Legals,
Please advertise the following on Friday, July 17, 2009. Thanks
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:reating the Radio :reating the Radio
Rd MSTU.doc... Rd MSTU.doc...
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(Teresa. Po laski@collierelerk.com)
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Teresa L. Polaski
From: postmaster@collierclerk.com
Sent: Tuesday, July 07,200911:16 AM
To: Teresa L. Polaski
Subject: Delivery Status Notification (Relay)
Attachments: ATT440944.txt; Creating the Radio Road MSTU
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients) but the requested
delivery status notifications may not be generated by the destination.
legals~naplesnews.com
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Teresa L. Polaski 88
From: Panciera, Angela [AMPanciera@Naplesnews.com]
Sent: Tuesday, July 07, 2009 1 :02 PM
To: Teresa L. Polaski
Subject: RE: Creating the Radio Road MSTU
Received.
Thank You,
Angela Panciera
Classified Advertising Consultant
Naples Daily News
1075 Central Ave.
Naples, FL 34102
am panciera @na plesnews.com
Phone: 239-435-3418
Fax: 239-263-4703
-
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Tuesday, July 07, 2009 11:16 AM
Posted To: Legals - NDN
Conversation: Creating the Radio Road MSTU
Subject: Creating the Radio Road MSTU
Legals,
Please advertise the following on Friday, July 17, 2009. Thanks
<<Creating the Radio Rd MSTU.doc>> <<Creating the Radio Rd MSTU.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
Under Florida Law, e-mail addresses are public records. Ijyou do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
..--~..~.~,------. - '- " '-~',-_.__.,_......~,,-_.~..,--
SEl
Teresa L. Polaski
From: Martha S. Vergara
Sent: Tuesday, July 07, 2009 1 :38 PM
To: Teresa L. Polaski
Subject: FW: Ad Confirmation
Attachments: UAS243D.jpg
-----Original Message-----
From: Panciera, Angela [mailto:AMPanciera@Naplesnews.com]
Sent: Tuesday, July 07, 2009 1:30 PM
To: Martha S. Vergara
Subject: Ad Confirmation
Here is a confirmation of the Notice that is scheduled to run on Friday 7/17. I have
attached a copy of the Notice below in case you are not able to open the attachment.
Date 07/07/09
Publication NDN
Account Number 744107
Ad Number 1807151
Total Ad Cost $478.10
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, July 28, 20e9, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301 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 ti tle of the
proposed Ordinance is as follows:
AN ORDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD
MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING
A PURPOSE AND GOVERNING BODYj PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED .5 MILS OF AD
VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXESj PROVIDING FOR THE CREATION OF
THE RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD ADVISORY COMMITTEE;
APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEEj QUORUM
AND RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE;
PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEEj PROVIDING FOR REVIEW PROCESS
OF THE ADVISORY COMMITTEEj PROVIDING FOR CONFLICT AND SEVERABILITYj PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; 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 5 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.
1
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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 33e1 Tamiami
Trail East) Building W) Naples) Florida 34112, (239) 252-838e. Assisted listening devices for
the hearing impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COllIER COUNTY) FLORIDA
DONNA FIALA) CHAIRMAN
DWIGHT E. BROCK) CLERK
By: Teresa Polaski) Deputy Clerk
(SEAL)
July 17) 2ee9 No18e7151
Thank you for placing your ad
Angela Panciera
239-435-3418
2
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Nap~es Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/CDES BUDGET OFFICE
CLERK OF CIRC. COURT
POB 413044 S AMMERMANN/FINANCE DEPT
P OB XO 413044
NAPLES FL 34101
REFERENCE: 068784 P.O #4500162524
59582864 NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the 10"
attached copy of advertising was published in said P "
newspaper on dates listed. if1;~~'';'.,
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, 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
publication in the said newspaper.
PUBLISHED ON: 07/17 07/17
~..
AD SPACE: 170 LINE RI..~i/"i.
FILED ON: 07/17/09 _ _ _ _ _ _ _ ~_ _ _ _ _ _ _ _ _ _ _ _ _ + _ _ _ _ _ _ C"~ _~ _'~_ _ c_~_ _ _ _
-------------------------
Signature of Affiant ~ (tt)
Sworn to and Subscribed before me this <:::Q \ day of ~ 200'1
~ -
Personally known by me ~ 0 1"(\ ~" ,,",'
: ~;~ ':*~ Commission DD 6dJ4;;
'~f7,~?$:si,'; l:xpires June 29, 2011
;~t~~ ,~:\~". Bunded IhnJ Tr::y r:;:lT~ insurance BOO-385-7C ('j
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING S~pB ~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documenL~ should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Omce only aftt'r the Board has taken action on thc 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
exc tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, co lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
(List in routin order
1.
2
3.
4. Scott R. Teach, Deputy County Attorney County Attorney 07/30/09
5. Ian Mitchell, Supervisor Board of County Commissioners
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 thc Bec office only after the BCe has acted to approve the
item.
Name of Primary Staff Darryl Richard Phone Nwnber 253-9083
Contact
Agenda Date Item was 07/28/09 Agenda Item Nwnber 17-A - 8E>
A roved b the BCC
Type of Docwnent Ordinance creating Radio Rd East of S Number of Original I
Attached Blvd to Davis Blvd MSTU Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is appropriate.
I. Original document has been signed/initialed for legal sufficiency_ (All documents to be signed by the
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 arties exce t 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 ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and SRT
initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip should be ~ {f1
provided to Sue Filson in the BCC office within 24 hours ofBCC 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 our deadlines!
6. The document was approved by the Bee on Julv 28. 2009 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's Office has
reviewed the chan es, if a Ikable.
I: Forms/ County Forms! BCC Forms/ Original Documents Routing Slip WWS Onginal 9.03.04, Revised 1.26.05, Revised 2.24.05
<<mattcr _ n umben,! <<documenl_ number>>
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88 :1
ORDINANCE NO. 2009- 44
AN ORDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA
BOULE V ARD TO DAVIS BOULEVARD MUNICIPAL SERVICE TAXING UNIT;
PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION;
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING
AND THE LEVY OF NOT TO EXCEED .5 MILS OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR
THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DA VIS BOULEVARD ADVISORY COMMITTEE,
APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE
OF THE ADVISORY COMMITTEE; QUORUM AND RULES OF PROCEDURE;
PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY
COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER
OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY
COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, at the June 23, 2009, meeting of the Board of County Commissioners the
Board was informed that the residents living in District 3 along Radio Road, East of Santa
Barbara Boulevard to the intersection of Radio Road and Davis Boulevard, requested
landscaping be installed along that section of roadway; and
WHEREAS, the Board of County Commissioners has determined that the creation of a
municipal service taxing unit to be known as the "Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU" is the best method for funding
and implementing the installation of this landscaping.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Authority .
This Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200,
Florida Statutes, and other applicable law.
1
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SECTION TWO. Creation of the Municipal Service Taxing Unit.
There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard municipal service taxing unit, hereinafter
referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Composite
Exhibit "A," which is incorporated herein by reference.
SECTION THREE. Purpose and Governing Body.
The MSTU is created for the purpose of providing landscaping and sprinkler systems for
the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTU
will sunset when the project is completed, or in six (6) years, which ever happens sooner.
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 or when six (6) years is up, which ever comes 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 FIVE. Tax Assessment and Collection.
Taxes herein provided for shall be assessed and collected in the same manner and form as
provided for the assessment and collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
2
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88 ~.;j
SECTION SIX. Creation of the Radio Road, East of Santa Barbara Boulevard to the
intersection of Radio Road and Davis Boulevard MSTU Advisory
Committee, Appointment and Composition.
A. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee,
hereinafter referred to the "Committee."
B. The Committee shall consist of five (5) members which represent the area within the
MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the
Board of County Commissioners. Said members shall be property owners of Collier
County within the MSTU and permanent resident electors of Collier County. The Board
of County Commissioners shall consider appointment of members from different parcels,
subdivisions and/or the communities within the MSTU.
C. Appointment of the members to the Committee shall be by resolution of the Board of
County Commissioners, which resolution shall set forth the date of the appointment and
the term of office.
D. Members of the committee shall serve without compensation but shall be entitled to
receive reimbursement for expenses reasonably incurred in the performance of their
duties upon prior approval of the Board of County Commissioners.
E. Committee shall meet on an as-needed basis, but not less than once per year.
SECTION SEVEN. Terms of Office of the Advisory Committee.
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 four (4) years.
3
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8B ~
.
Thereafter each appointment or reappointment shall be for a term of four (4) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired
term of office.
SECTION EIGHT. Officers of the Advisory Committee, Quorum And Rules of
Procedure.
A. At its earliest opportunity, the membership of the Committee shall elect a chairman and
vice chairman from among its members. Officer's terms shall be for one (1) year, with
eligibility for re-election.
B. The presence of three (3) or more members shall constitute a quorum of the Committee
necessary to take action and transact business.
C. The Committee shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a written record of the meetings,
resolutions, reports and exhibits, findings and determinations. Copies of all Committee
minutes, resolutions, reports and exhibits shall be submitted to the Board of County
Commissioners.
D. Committee member attendance requirements, including failure to attend meetings and
member removal from office are governed by Ordinance No. 2001-55, as it may be
amended, or by its successor ordinance.
SECTION NINE. Functions, Powers and Duties of the Advisory Committee.
The functions, powers and duties of the Committee shall be as follows:
A. To aid and assist the Board of County Commissioners in carrying out the MSTU as set
forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized budget of
the amount of money required to carry out the business of the MSTU for the next fiscal
year. In carrying out this responsibility, the Committee shall, no later than April 1st of
each year, meet with the County Manager or his designee and outline to the County
4
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, 88 '1
Manager or his designee those projects which the committee wishes to see accomplished
during the next fiscal year. Based upon this information, the County Manager or his
designee shall prepare a proposed budget for the MSTU, in accordance with standard
County guidelines regarding preparation of budgets. This proposed budget shall then be
reviewed by the Committee and upon approval by the Committee be transmitted through
the County Manager or his designee to the Board of County Commissioners' policy.
Should the Committee fail to approve the budget by June 1st of each year, the County
Manager 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 Manager or
his designee is 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 Manager or his designee.
Said work may be performed under contract (in accordance with the law) or by County
forces.
D. The Committee may adopt and amend "Guidelines" to govern its operation and the
operation of the MSTU, subject to approval by the Board of County Commissioners.
SECTION TEN. Duties of the County Manager or his Designee.
The duties of the County Manager of his designee shall be:
A. To administer the activities of the MSTU in accordance with established policies of the
Board of County Commissioners and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above.
C. To provide periodic written reports to the Committee, and the Board of County
Commissioners of the activities of the MSTU and its finances in accordance with
established guidelines of the Board of County Commissioners and/or the Committee.
5
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D. Attend all Committee meetings.
SECTION ELEVEN. ConOict 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 TWELVE. 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-Iettered to accomplish such, and the word "Ordinance" may be changed to
"Section," "Article," or any other appropriate word.
SECTION THIRTEEN. 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 28th day of July, 2009.
6
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8a l
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGl{'A:E: Bft()~K, CLERK ~~
',\" ,....., d~
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By:
Attett .. .te" DONNA FIALA, CHAIRMAN
It........~~~.
Approved as to form and
Legal sufficiency:
~*'\2L-L-- @
Scott R. Teach
Deputy County Attorney
7
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EXHIBIT A - BOUNDARY MAP i 8 B I
RADIO ROAD EAST BEAUTIFICATION MSTU
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EXHIBITCREATEDON6-29-09BYDARRYLRICHARDPROJECTMANAGER EXHIBIT A - PAGE 1 OF 2
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EXHIBIT A - BOUNDARY LEGAL DESCRIPTION
LEGAL DESCRIPTION OF RADIO ROAD EAST BEAUTIFICATION MSTU
BEGINNING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE RUN
SOl"02'26"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2794.71 FEET
TO THE WEST QUARTER CORNER OF SECTION 4; THENCE RUN SOl"02'39"E ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2716.04 FEET TO A POINT OF INTERSECTION WITH SAID
WEST LINE WITH THE NORTH RIGHT-OF-WAY LINE OF DAVIS BOULEVARD ACCORDING TO FLORIDA DEPARTMENT
OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03506-2601; THENCE RUN N89001'50"E ALONG SAID NORTH
RIGHT-OF-WAY LINE A DISTANCE
OF 1864.93 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 2789.79 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE A
DISTANCE OF 2860.60 FEET THROUGH A CENTRAL ANGLE OF 58045'00" TO THE POINT OF TANGENCY THEREOF,
THENCE RUN N30016'50"E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 3383.60 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2939.79 FEET; THENCE RUN
ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 2073.06 FEET THROUGH A
CENTRAL ANGLE OF 40024'13" TO A POINT OF INTERSECTION OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY
LINE WITH THE SOUTH RIGHT-OF WAY LINE OF RADIO ROAD; THENCE DEPARTING SAID CURVE, FROM A TANGENT
BEARING OF N70041'03"E; RUN NOo053'51"W A DISTANCE OF 100.03 FEET TO A POINT ON THE NORTH RIGHT-OF-
WAY LINE OF RADIO ROAD; THENCE RUN S89006'09"W ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF
992.66 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, RUN NOoo19'12"W ALONG THE WESTERN
BOUNDARY LINES OF THE PLAT OF PALM SPRINGS PLAZA, UNIT NO.1 AS RECORDED IN PLAT BOOK 8, PAGE 21 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE PLAT OF PALM SPRINGS VILLAGE UNIT 1 AS RECORDED
IN PLAT BOOK 8, PAGE 23 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE PLAT OF PALM SPRING
ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 8, PAGE 22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
A DISTANCE OF 2567.39 FEET TO THE NORTHWEST CORNER OF SAID PLAT OF PALM SPRINGS ESTATES, UNIT 1;
THENCE RUN N88046'30"E ALONG THE NORTH LINE OF SAID PLAT A DISTANCE OF 1318.57 FEET TO THE
NORTHEAST CORNER OF SAID PLAT, THEN CENTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, SAID
POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 75 ACCORDING TO FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03175-2409; THENCE RUN N73000'28"W
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 92.07 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 11,297.16 FEET; THENCE RUN ALONG THE ARC OF
SAID CURVE AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 3761.18 FEET THROUGH A
CENTRAL ANGLE OF 19004'32" TO THE POINT OF TANGENCY THEREOF; THENCE RUN S8r55'OO"W ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 3633.67 FEETTO A POINT OF CURVATURE OF A CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 5891.58 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND
SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 481.43 FEET THROUGH A CENTRAL ANGLE OF 04040'55" TO
THE POINT OF INTERSECTION OF SAID SOUTHERLY RIGHT-OF-WAY LINE WITH THE WEST LINE OF SECTION 33,
TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE DEPARTING SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY
LINE, RUN SOoo04'OO"E ALONG SAID WEST LINE OF SECTION 33 A DISTANCE OF 3180.97 FEET TO NORTHWEST
CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND THE POINT OF BEGINNING.
CONTAINING THEREIN 1135.439 ACRES OR 49,459,722.03 SQUARE FEET, MORE OR LESS.
EXHIBIT A - PAGE 2 OF 2
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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 2009-44
Which was adopted by the Board of County Commissioners
on the 28th day of July, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of July, 2009.
DWIGHT E. BROCK
Clerk of Courts ~rtd Clerk
Ex-officio to Board of
County Commissioner's . / .
By: Martha Verga.~a
Deputy Clerk;' .
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Dwight E. Brock
Clerk of Courts
April 5,2010
. eOtlpt)i6feOllier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURtHOUSE
3301 TAMIAMI ~IL EA,ST
PO. BOX 41.3044
NAPLES, FLORlDA'3410l-3()44
~ 8 B .,,~~
,'';''
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Ms. Liz Cloud
Department of State
Bureau of Administrative Code
RA Gray Bldg., Rm.l 0 I
500 S. Bronough Street
Tallahassee, Florida 32399-0250
Re: Certified documents correcting Collier County
Validated Ordinance 2009-44: Creating the Radio Road
East of Santa Barbara Boulevard to Davis Boulevard MSTU
Dear Ms. Cloud:
Per the attached letter and recent request by the Collier County
Attorney's Office we are submitting the following: a corrected certified
fQ2Y and corrected regular copy of the above referenced ordinance and
accompanying documents. The referenced Ordinance had originally been
adopted by the Board of County Commissioners of Collier County,
Florida, on Tuesday, July 28,2009 during Regular Session and further
filed with the Secretary of State's Office on August 3, 2009.
Please date stamp the corrected regular copy of this document and kindly
return same to this office for our records. (Ordinance Book)
Thank you.
Very truly yours,
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
~ /~O_C.
Attachment~ (j'
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclcrk@collierclerk.com
{J
Office of the County Attorney
Jeffrey A. Klatzkow
~ 8 B
'1-'
"<,
Deputy County Attorney' Scott R. Teach
Section Chiefs' Heidi F. Ashton-Cdo' Jacquel",e W. Hubbard'
Assistant County Attorneys' Colleen M. Greene Jenmfer B White
"f),:,'w" '''rJ'',' ",.t. ,1"'1:
Steven T Williams JeH E. Wflght Robert N Zachary
March 31, 2010
Via Hand Delivery
Ms. Patricia Morgan, BMR Manager
Collier County Clerk of Courts - Minutes and Records
3301 Tamiami Trail East, 4th Floor
Naples, Florida 34112
Re: Correction to Validation of Ordinance No. 2009-44
Dear Ms. Morgan:
I am writing to request your assistance in seeking a correction to the above-referenced
Ordinance, which was validated by the State on August 3, 2009.
On July 28, 2009, Ordinance No. 2009-44 was approved by the Collier County Board of
Commissions under Agenda Item 17 A. An actual copy of that agenda item as approved by the
Board is attached to this correspondence as Exhibit "1." This Ordinance established the Radio
Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (the
"MSTU"). The boundaries of the MSTU approved by the Board encompasses 970.280 acres as
reflected on Exhibit "A," page two (2) of that Board approved Ordinance.
Recently a staff member from the Collier County Transportation Alternative Transportation
Modes ("ATM") Department informed me that the ATM Department erroneously attached an
earlier draft of Exhibit A, page two (2) to the signed Ordinance it provided your office to file
with the State. 1 reviewed the Ordinance validated by the State and can confirm that the
incorrect Exhibit was attached. A copy of the validated Ordinance is attached hereto as Exhibit
"2." This error is significant because the Exhibit attached to the validated Ordinance incorrectly
reflects an additional 165.159 acres within the MSTU boundaries.
Because the error in this instance is not one that can be remedied by going back to the Board of
County Commissioners (the Board actually approved the correct Ordinance), I am asking your
assistance in having the State make the necessary correction. If you require anything further
from me to assist with this task, please do not hesitate to contact me.
3301 East Tamiaml Trail, Naples Flor'do 34112..1902 . (239) ?528401J . FAX i239} 252.ii31J0
, 8 B
H'~
:j
Page Two
Ms. Patricia Morgan
March 31, 2010
I would again like to thank you in advance for your assistance.
Sincerely, .
~-v 1I?l<~ "L..
Scott R. Teach
Deputy County Attorney
Enclosure
Cc: Darryl Richard, RLA, MSTU Project Manager
330 I East Tamiami Traif - Naples. Florida 34112..1902 -- Phone (239)252-8400 Facsimile (239) 252-6300
~------'---------'-~-~~----""_._---"--'- -----------_._,._-----~-
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.
Exhibit 1
Agenda Item No. 17 A
July 28, 2D09
8 B D1?,Of 14
EXECUTIVE SUMMARY
Recommendation that the Board approve an Ordinance Creating the Radio Road East of
Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit.
OBJECTIVE: That the Board of County Commissioners approve an ordinance creating the
Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit
(MSTU).
CONSIDERATIONS: On April 7, 2009, Commissioner Henning's Office, in coordination with
the existing Radio Road MSTU, organized a public meeting to present a proposal for the
expansion of MSTU project activity east of Santa Barbara Boulevard along Radio Road to Davis
Boulevard. There were approximately 200 people in attendance at this public meeting
representing the various communities along Radio Road. Most of the attendees were "in favor"
of either expanding the existing MSTU boundary or creating a new MSTU for the purposes of
installing landscaping and irrigation East of Santa Barbara. The proposed MSTU boundary will
include 3,312 separate property owners; most of who belong to eleven (11) separate homeowner
associations, which include: Sapphire Lakes, The Shores, Furse Lakes Club, Granada Lakes
Villas, Ibis Club, Madison Park, Blue Heron, Sherwood Park, Berkshire Lakes-Berkshire Pine,
Sabal Lakes, and Plantation.
At the May 12,2009, mccting of the Board of County Commissioners (Agenda Item 10C), the
Board approved a policy that allows for future landscape projects on roadways included in the
Collier County Landscape Beautification Master Plan to be initiated by developers, Municipal
Service Taxing Units (MSTU), or homeowner associations (HOA). Radio Road from Santa
Barbara Boulevard to Davis Boulevard was identilied as one of the roadway segments that would
be a candidate for Developer/MSTUlHOA landscaping. Under the policy, landscaping would be
installed by an MSTU and maintenance could be assumed by the County on a future date subject
to the Board's future approval of landscape maintenance flmding.
On June 23, 2009, Agenda Item 16.B.14, the Board of County Commissioners directed staff to
bring back an Ordinance creating the Radio Road East of Santa Barbara Boulevard to Davis
Boulevard Municipal Service Taxing Unit (MSTU).
FISCAL IMPACT: Approval of this MSTU Ordinance will set in motion a series of fiscal
steps including: (I) Creation of the Radio Road East of Santa Barbara Boulevard to Davis
Boulevard Municipal Service Taxing Unit (MSTU) Fund and related Cost Center; and (2)
mechanism to establish the budget based upon certified taxable value and applied millage rate to
match existing Radio Road MSTU millage rate of .2521 mils. Based upon a projected taxable
value equal to $546,204,854.00 the extension of taxes based upon .2521 mils would raise
approximately $137,698.00 per year. The effect of the proposed MSTU, including the tax levy
implications, will not be realized until the 2010 tax year (FY 2011). This assumes that the
enabling ordinance and related filings will be completed prior to December 31,2009.
....S8
~ ~ ~~r ;'J
Agenda Item No. 17 A
July 28. 20D9
Page 2 of 14
The creation of the proposed MSTU will have an impact upon the aggregate county millage rate
when this calculation is performed for the tV 2011 budget. If the current year proposed
aggregate millage rate exceeds current year aggregate rolled back rate, TRIM statutes will
require the County to publish a "Notice of Proposed Tax Increase" public hearing ad as opposed
to the "Notice of Budget Hearing" public hearing ad. Further, a two-thirds vote of the Board
would be required scparately for taxing authority millage rates which exceed the rolled back rate
multiplied by the Florida Pcrsonal Income Growth Factor.
Anticipated project activity is estimated to cost $750,000 (total project per Windham Studios
Opinion of Cost); the MSTU committee will fund project activity based on funding availability,
and project 'phasing' will be considered in order to expedite project construction.
Approval of this Ordinance will result in expansion of Fund III maintenance responsibilities
after proposed MSTU project completion.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a
majority vote for approval, and is otherwise legally sufficient for Board action.-SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board approve the attached Ordinance creating the Radio
Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit
(MSTU). Further, that the Board authorize the Chairman to sign said Ordinance if approved by
the Board; and County Manager or his designee to include the operation, maintenance and life
cycle replacement cost as a line item in the annual budget review following the completion of the
project(s).
Prepared By: Darryl Richard, Project Manager - MSTUs, Alternative Transportation Modes
Attachments: (I) Ordinance, (2) Exhibit A - MSTU Boundary Map;
2
COLLIER COUNTY
Pagc 1 of2
Agenda Item NO.1 7 A
July 28, 2D09
Page 3 of 14
~89
BOARD OF COUNTY COMMISSIONERS
Item Number:
17A
Item Summary:
Recommendation that the Board approve an Ordinance Creating the Radio Road East of
Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit.
7/28/20099:0000 AM
Meeting Date:
Prepared By
Darryl Richard
Project Manager
Alternative Transportation Modes
Date
Transportation Services
7/6/20093:44:34 PM
Approved By
Darryl Richard
Project Manager
Date
Transportation Services
Alternative Transportation Modfls
7f6/2009 4:30 PM
Approved By
Caroline Soto
Administrative Assistant
Date
Transportation Services
Transportation Engineering and
Construction
7/7/200910:18 AM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
7f8/2009 3:14 PM
Approved B~'
Pamela J. Lulich
PrOject Manager
Date
Trnnsportation Services
Alternative Transportation Modc:s
7/8/20094:51 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
7110/20099:12 AM
Approved By
Michelle Edwards Arnold
Alternative Transportation Modes
Director
Date
Transportation Services
Alternative Transportation Modes
7115/20092:03 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/16/200912:32 PM
Approved By
Pat lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
7/16/20091:02 PM
Approved By
OMS Coordinator
01\1I8 Coordinator
Date
County Manager's Office
Office of Management & Budget
7/16/20091:53 PM
Approved By
Mark Isackson
Budget Analyst
Date
file:! /C:IAgenda T estlExportl I 33 -July%2028, %202009117. %20S UMMA R Y%20AGENDA I...
7/22/2009
Page 20f2
Agenda Item No. 17A
July 28. 2009
Page 4 of 14
County Manager's Office
Office of Management & Budget
7/171200911:22 AM
JaB
Approved By
Lee E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
7/17/2009 "1:14 PM
filc://C:\AgendaTest\Export\ 133-July%2028,<%202009\ 17. %20SUMMARY%20AGENDA \... 7/22/2009
Agenda Item No. 17A
July 28. 2DD9
P8" 5 of 14
, 0 B ":Hl
EXHIBIT A. BOUNDARY MAP
RADIO ROAD EAST BEAUTIFICATION MSTU
EXHIBIT CREATED 0" 6.29.09 BY DARRYL RICHARD PROJECT IlANAGER
REVISED 0" 7 -'6-119
EXHIBIT A. PAGE 1 OF 2
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Aqenda ltc,,, No. 17 A
, ,)uh 28.2009
fOage Ii at 14
EXHIBIT A - BOUNDARY DESCRIPTION
LEGAL DESCRIPTION OF RADIO ROAD EAST BEAUTIFICATION MSTU
BEGINNING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP SO SOUTH, RANGE 26 EAST;
THENCE RUN sOl'02'26"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4 A
DISTANCE OF 2794.71 fEET TO THE WEST QUARTER CORNER OF SECTION 4; THENCE RUN NBB049'29"E
ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2632.37 fEET TO
THE NORTHEAST CORNER Of SAID SOUTHWEST QUARTER Of SECTION 4; THENCE RUN sOO's3'44"E
ALONG THE EAST LINE Of SAID SOUTHWEST QUARTER A DISTANCE OF 2619.85 FEET TO A POINT OF
INTERSECTION WITH sAfD EAST LINE WITH THE NORTH RIGHT-OF-WAY LINE OF DAVIS BOULEVARD
ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03S06-
2601, SAID POINT OF INTERSECTION ALSO BEfNG A POINT ON A CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS Of 2789.79 FEET; THENCE FROM A TANGENT BEARING OF N73'12'42"E, RUN ALONG
THE ARC OF sAfD CURVE A DISTANCE OF 2090.35 FEET THROUGH A CENTRAL ANGLE OF 42'55'51" TO
THE POINT Of TANGENCY THEREOF, THENCE RUN N30'16'50"E ALONG SAID RIGHT-Of-WAY LINE A
DISTANCE OF 3383.60 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS Of 2939.79 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND SAfD NORTH
RIGHT-Of-WAY LINE A DISTANCE Of 2073.06 FEET THROUGH A CENTRAL ANGLE OF 40024'13" TO A
POINT OF INTERSECTION OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE WITH THE SOUTH
RIGHT-OF WAY LINE Of RADIO ROAD; THENCE DEPARTING SAID CURVE, FROM A TANGENT BEARING OF
N70041'03"E; RUN NOo053'59"W A DISTANCE OF 100.03 FEETTO A POINT ON THE NORTH RIGHT-OF-
WAY LfNE OF RADIO ROAD; THENCE RUN S89'06'09"W ALONG SAID NORTH RIGHT-OF-WAY LINE A
DISTANCE OF 992.66 fEET; THENCE DEPARTING SAID NORTH RfGHT-OF-WAY LINE, RUN Nooo19'12"W
ALONG THE WESTERN BOUNDARY LINES Of THE PLAT OF PALM SPRINGS PLAZA, UNIT NO.1 AS
RECORDED fN PLAT BOOK B, PAGE 21 OF THE PUBLIC RECORDS OF COlLIER COUNTY, FLORIDA, THE PLAT
Of PALM SPRINGS VILLAGE UNIT 1 AS RECORDED IN PLAT BOOK 8, PAGE 23 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, fLORIDA AND THE PLAT OF PALM SPRING ESTATES, UNIT 1 AS RECORDED IN PLAT
BOOK 8, PAGE 22 OF THE PUBLIC RECORDS Of COLLIER COUNTY, FLORIDA A DISTANCE OF 2567.39 fEET
TO THE NORTHWEST CORNER OF SAID PLAT OF PALM SPRINGS ESTATES, UNIT l;THENCE RUN
N88042'21"E ALONG THE NORTH LINE OF SAID PLAT A DISTANCE OF 659.02 FEET; THENCE RUN
NOo041'15"W A DISTANCE OF 199.15 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS Of 11297.16 fEET, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-Of-
WAY LINE OF INTERSTATE 75 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-
WAY MAP SECTfON 03175-2409; THENCE FROM A TANGENT BEARING Of N76001'39"W, RUN ALONG
THE ARC OFSAID CURVE AND SAID SOUTHERLY RIGHT-Of-WAY LINE A DISTANCE OF 3165.75 FEET
THROUGH A CENTRAL ANGLE OF 16'03'21" TO THE POINT Of TANGENCY THEREOF; THENCE RUN
S87"55'00"W ALONG SAID SOUTHERLY RIGHT-Of-WAY LINE A DISTANCE OF 3633.67 fEET TO A POINT
Of CURVATURE Of A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADfUS Of 5891.58 FEET;
THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE
OF 481.43 FEET THROUGH A CENTRAL ANGLE Of 04'40'55" TO THE POINT OF INTERSECTION OF SAID
SOUTHERLY RIGHT-Of-WAY LINE WITH THE WEST LINE OF SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26
EAST; THENCE DEPARTING SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE, RUN SoooQ4'OO"E
ALONG SAID WEST LINE OF SECTION 33 A DISTANCE Of 3180.97 FEET TO NORTHWEST CORNER Of
SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND THE POINT OF BEGINNING.
CONTAINING THEREIN 970. 280 ACRES OR 42,265,399.29 SQUARE FEET, MORE OR LESS.
EXHIBIT A - PAGE Z OF Z
r8B'1~,f
Agenda Item NO.1 / A
July 28. 2009
Page 7 of 14
ORDINANCE NO, 2009-
AN ORDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DAVIS BOULEVARD MUNICIPAL SERVICE TAXING UNIT;
PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION;
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING
AND THE LEVY OF NOT TO EXCEED ,5 MILS OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR
THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DA VIS BOULEVARD ADVISORY COMMITTEE,
APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE
OF THE ADVISORY COMMITTEE; QUORUM AND RULES OF PROCEDURE;
PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY
COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER
OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY
COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, at the June 23, 2009, meeting of the Board of County Commissioners the
Board was informed that the residents living in District 3 along Radio Road, East of Santa
Barbara Boulevard to the intersection of Radio Road and Davis Boulevard, requested
landscaping be installed along fuat section of roadway; and
WHEREAS, the Board of County Commissioners has determined that the creation of a
municipal service taxing unit to be known as the "Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU" is the best method for funding
and implementing the installation of this landscaping.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Authority.
This Ordinance is adopted pursuant to the provisions of Chapter 125.0 I and Chapter 200,
Florida Statutes, and other applicable law.
l 8Bj
Agenda Item No. 17 A
July 28, 20D9
Page 8 of 14
SECTION TWO. Creation of the Municipal Service Taxing Unit.
There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard municipal service taxing unit, hereinafter
referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Composite
Exhibit "A," which is incorporated herein by reference.
SECTION THREE. Purpose and Governing Body.
The MSTU is created for the purpose of providing landscaping and sprinkler systems for
the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTU
will sunset when the project is completed, or in six (6) years, which ever happens sooner.
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 either
completed or when six (6) years is up, which ever comes 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 tile 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 FIVE. Tax Assessment and Collection.
Taxes herein provided for shall be assessed and collected in the same manner and form as
provided for the assessment and collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
2
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Agenda fte"rri No. 17 A
July 28. 2D09
Page 9 of 14
SECTION SIX,
Creation of the Radio Road, East of Santa Barbara Boulevard to the
intersection of Radio Road and Davis BouJevard MSTU Advisory
Committee, Appointment and Composition.
A. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee,
hereinafter referred to the "Committee."
B. The Committee shall consist of five (5) members which represent the area within the
MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the
Board of County Commissioners. Said members shall be property owners of Collier
County within the MSTU and permanent resident electors of Collier County. The Board
of County Commissioners shall consider appointment of members from different parcels,
subdivisions and/or the communities within the MSTU.
C. Appointment of the members to the Committee shall be by resolution of the Board of
County Commissioners, which resolution shall set forth the date of the appointment and
the term of office.
D. Members of the committee shall serve without compensation but shall be entitled to
receive reimbursement for expenses reasonably incurred in the performance of their
duties upon prior approval of the Board of County Commissioners.
E. Committee shall meet on an as-needed basis, but not less than once per year.
SECTION SEVEN, Terms of Office of the Advisory Committee.
The initial terms of office of thc Committee shall be as follows:
A. Two (2) members shall be appointed for a term oftwo (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 off our (4) years.
3
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Agenda Item No. 17 A
July 28. 2009
Page 10 of 14
Thereafter each appointment or reappointment shall be for a term of four (4) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired
term of office.
SECTION EIGHT. Officers ofthe Advisory Committee, Quorum And Rules of
Procedure,
A. At its earliest opportunity, the membership of the Committee shall elect a chainnan and
vice chairman from among its members. Officer's terms shall be for one (1) year, with
eligibility for re-election.
B. The presence of three (3) or more members shall constitute a quorum of the Committee
necessary to take action and transact business.
C. The Committee shall, by m:yonty vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a written record of the meetings,
resolutions, reports and exhibits, findings and detenninations. Copies of all Committee
minutes, resolutions, reports and exhibits shall be submitted to the Board of County
Commissioners.
D. Committee member attendance requirements, including failure to attend meetings and
member removal from office are governed by Ordinance No. 2001-55, as it may be
amended, or by its successor ordinance.
SECTION NINE. Functions, Powers and Duties of the Advisory Committee.
The functions, powers and duties of the Committee shall be as follows:
A. To aid and assist the Board of County Commissioners in carrying out the MSTU as set
forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized budget of
the amount of money required to earry out the business of the MSTU for the next fiscal
year. In carrying out this responsibility, the Committee shall, no later than April 1 st of
each year, meet with the County Manager or his designee and outline to the County
4
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Agei"l"rn:} TIerrrl"lU. 17A
July 28. 2009
Page 11 of 14
Manager or his designee those projects which the committee wishes to see accomplished
during the next fiscal year. Based upon this information, the County Manager or his
designee shall prepare a proposed budget for the MSTU, in accordance with standard
County guidelines regarding preparation of budgets. This proposed budget shall then be
reviewed by the Committee and upon approval by the Committee be transmitted through
the County Manager or his designee to the Board of County Commissioners' policy.
Should the Committee fail to approve the budget by June I" of each year, the County
Manager 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 Manager or
his designee is 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 Manager or his designee.
Said work may be performed under contract (in accordancc with the law) or by County
forces.
D. The Committee may adopt and amend "Guidelines" to govern its operation and the
operation of the MSTU, subject to approval by the Board ofCOlmty Commissioners.
SECTION TEN.
Duties of the County Manager or his Designee,
The duties of the County Manager of his designee shall be:
A. To administer the activities of the MSTU in accordance with established policies of the
Board of County Commissioners and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above.
C. To provide periodic written reports to the Committee, and the Board of County
Commissioners of the activities of the MSTU and its finances in accordance with
established guidelines of the Board of County Commissioners and/or the Committee.
5
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Age~ ~erJ101-.o. 17A '
July 28. 20D9
Page 12 of 14
D. Attend all Committee meetings.
SECTION ELEVEN, 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 TWELVE, 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-Iettered to accomplish such, and the word "Ordinance" may be changed to
"Section," "Article," or any other appropriate word.
SECTION THIRTEEN. 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 28th day of July, 2009.
6
A TIEST:
DWIGHT E. BROCK, CLERK
Approved as to fonn and
Legal sufficiency:
Scott R. Teach
Deputy County Attorney
--........-.-......
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Agenda Item No. 17 A
July 28. 2009
Page 13 of 14
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
7
.ilntly NelUS
2F
NOTICE OF INTENT TO CONSIDER ,oRDINANCE
Notice is hereby given that on'Tuesday, July 28.
2009 In the Boardroom, 3rd Floor, Admlnistratfon
BUilding, collier County, Government Center, 3301
East Tamiami Trail, Naples Florida, the Board of
county commissioners :wlll consider the enactment
of a County Ordinance. The meeting will com.
mence at 9:00 A.M. The title of the proposed Ordl.
nance Is as follows:
Ail ORDINANCE CREATING THE RADIO ROAD EAST
OF SANrA .BARBARA BOULEVARD TO DAVIS BOULE-
VARD MUNICIPAL SERVICE TAXING UNIT; PROVID.
ING THE AUTHORITY: PROVIDING FOR THE CRE-
ATION; PROVIDING A PURPOSE AND GOVERNING
BODY; PROVIDING FUNDING AND THE LEVY OF NOT
TO EXCEED .5 MILS OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES;
PROVIDING FOR THE CREATION OF THE RADIO ROAD
EAST OF SANTA BARBARA BOULEVARD TO DAVIS
BOULEVARD ADVtSORY COMMITTEE; APPOINTMENT
AND COMPOSITION: PROVIDING FOR TERMS OF OF.
FICE OF THE ADVISORY COMMITTEE: QUORUM AND
RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS,
POWERS AND OUTIES OF THE ADVISORY COMMIT'
TEE: PROVIDING FOR THE DUTIES OF THE COUNTY
MANAGER OR HIS DESIGNEE; PROVIDING FOR RE-
VIEW PROCESS OF THE ADVISORY COMMITTEE;
PROVIDING FOR CONFLICT AND SEVERABILITY: PRO-
VIDING FOR INCLUSION IN THE COLLIER COUNTY
CODE OF LAWS. AND ORDINANCES; PROVIDING FOR
AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on "file with
the Clerk to the Board and are available for ,inspec-
tion. 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 admmistrator
prior to presentation of the agenda Item to be ad-
dressed. Individual speakers' will be limited to 5
minutes on any Item. The selection of an lndlviduaJ
to speak on -behalf of an organization or group:ls
encouraged. If, recognized by the Chairman, a
spokesperson for a group or or~anization' may be
allotted 10 minutes to speak on an Item.. .~
Persons, wishing to have written o~ graphic materi~
als included in the Board, agenda' packets must
submit said material a minimum of 3, weeks prior to
the respective !-publlc 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 hear-
ing. All, material used In presentations before the
Board '.VIII become a permanent part of the record.
Any person who decides to "ppe,,1 a declsfon of the
Boara wlll.need a record of the proceedings per-
taining thereto and therefore. may need~to ensure
that a verbatim recor~ 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,need$ any
accommodation in order to participate In this pro-
ceeding; you are entItled. at no cost to. you, to the
provision of certain assistance. please ,contact the
collier county Facilities Management :bepartment,
located at 3301 Tamiaml Trail East. Building W,
Naples, Florida 34112, (239).252.6380. Assisted lis-
tening devices for the hearing impaired are avail"
able In the County CommIssioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teres" Polaski, Deputy Clerk
(SEAL)
Julv 17. 200Q NolA071!;1
~. a B I '1
Agen~ltem No. 17A
July 28, 2009
Page 14 of 14
Friday, July 17, 2009
reD'1l
Exhibit 2
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1> " S i~I[J9~! ORDINANCE NO, 2009- 44 ,
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6'~6> /i'/
2"~"rl~l; ~~.-()RDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA
------lfOULEVARD TO DAVIS BOULEVARD MUNICIPAL SERVICE TAXING ~T;
PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION;
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING
AND THE LEVY OF NOT TO EXCEED ,5 MILS OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR
THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DAVIS BOULEVARD ADVISORY COMMITTEE,
APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE
OF THE ADVISORY COMMITTEE; QUORUM AND RULES OF PROCEDURE;
PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY
COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER
OR IDS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY
COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
18 e-"I
WHEREAS, at the June 23, 2009, meeting of the Board of County Commissioners the
Board was informed that the residents living in District 3 along Radio Road, East of Santa
Barbara Boulevard to the intersection of Radio Road and Davis Boulevard, requested
landscaping be installed along that section of roadway; and
WHEREAS, the Board of County Commissioners has determined that the creation of a
municipal service taxing unit to be known as the "Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU" is the best method for funding
and implementing the installation of this landscaping.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE, Authority.
Tbis Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200,
Florida Statutes, and other applicable law.
"<8 B ,~.,~
SECTION TWO. Creation oftbe Municipal Service Taxing Unit.
There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard municipal service taxing unit, bereinafter
referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Composite
Exhibit "A," which is incorporated herein by reference.
SECTION THREE. Purpose and Governing Body,
The MSTU is created for the purpose of providing landscaping and sprinkler systems for
the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTU
will sunset when the project is completed, or in six (6) years, which ever happens sooner.
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 either
completed or when six (6) years is up, which ever comes 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 FIVE,
Tax Assessment and Collection.
Taxes herein provided for shall be assessed and collected in the same manner and form as
provided for the assessment and collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
2
r 8 8 W~11q,,~
SECTION SIX,
Creation of the Radio Road, East of Santa Barbara Boulevard to the
intersection of Radio Road and Davis Boulevard MSTU Advisory
Committee, Appointment and Composition,
A. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee,
hereinafter referred to the "Committee."
B. The Committee shall consist of five (5) members which represent the area within the
MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the
Board of County Commissioners. Said members shall be property owners of Collier
County within the MSTU and permanent resident electors of Collier County. The Board
of County Commissioners shall consider appointment of members from different parcels,
subdivisions and/or the communities within the MSTU.
C. Appointment of the members to the Committee shall be by resolution of the Board of
County Commissioners, which resolution shall set forth the date of the appointment and
the term of office.
D. Members of the committee shall serve without compensation but shall be entitled to
receive reimbursement for expenses reasonably incurred in the performance of their
duties upon prior approval of the Board of County Commissioners.
E. Committee shall meet on an as-needed basis, but not less than once per year.
SECTION SEVEN, Terms of Office of the Advisory Committee.
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 off our (4) years.
3
t. 88 ~l
Thereafter each appointment or reappointment shall be for a term of four (4) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired
term of office.
SECTION EIGHT, Officers of the Advisory Committee, Quorum And Rules of
Procedure.
A. At its earliest opportunity, the membership of the Committee shall elect a chairman and
vice chairman from among its members. Officer's terms shall be for one (I) year, with
eligibility for re-election.
B. The presence of three (3) or more members shall constitute a quorum of the Committee
necessary to take action and transact business.
C. The Committee shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a written record of the meetings,
resolutions, reports and exhibits, findings and determinations. Copies of all Committee
minutes, resolutions, reports and exhibits shall be submitted to the Board of County
Commissioners.
D. Committee member attendance requirements, including failure to attend meetings and
member removal from office are governed by Ordinance No. 2001-55, as it may be
amended, or by its successor ordinance.
SECTION NINE, Functions, Powers and Duties of the Advisory Committee.
The functions, powers and duties of the Committee shall be as follows:
A. To aid and assist the Board of County Commissioners in carrying out the MSTU as set
forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized budget of
the amount of money required to carry out the business of the MSTU for the next fiscal
year. In carrying out this responsibility, the Committee shall, no later than April I st of
each year, meet with the County Manager or his designee and outline to the County
4
8 B 01t1i
Manager or his designee those projects which the committee wishes to see accomplished
during the next fiscal year. Based upon this information, the County Manager or his
designee shall prepare a proposed budget for the MSTU, in accordance with standard
County guidelines regarding preparation of budgets. This proposed budget shall then be
reviewed by the Committee and upon approval by the Committee be transmitted through
the County Manager or his designee to the Board of County Commissioners' policy.
Should the Committee fail to approve the budget by June I SI of each year, the County
Manager 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 Manager or
his designee is accordance with the adopted budget or budge! 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 Manager or his designee.
Said work may be performed under contract (in accordance with the law) or by County
forces.
D. The Committee may adopt and amend "Guidelines" to govern its opemtion and the
operation of the MSTU, subject to approval by the Board of County Commissioners.
SECTION TEN.
Duties of the County Manager or his Designee.
The duties of the County Manager of his designee shall be:
A. To administer the activities of the MSTU in accordance with established policies of the
Board of County Commissioners and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above.
C. To provide periodic written reports to the Committee, and the Board of County
Commissioners of the activities of the MSTU and its rmances in accordance with
established guidelines of the Board of County Commissioners and/or the Committee.
5
, 8 B !:~;~
D. Attend all Committee meetings.
SECTION ELEVEN. 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 TWELVE, 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 TIllRTEEN. 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 28th day of July, 2009.
6
ATTEST: .
DWIG~:~.:.~~f~,CLERK
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Approved as to form and
Legal sufficiency:
~*1Lh~V @)
Scott R. Teach
Deputy County Attorney
8 B "11."-'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
4L~ d<<~
DONNA FIALA, CHAIRMAN
By:
This ordlnonce flied with the
Secr"tory of ~'S Office the
~dovot ~t, 2='1
and ocknowledgemen} Di. that
flll'J.felved tI1ls day
~~
7
EXHIBIT A - BOUNDARY MAP t 8 B .~ ~
RADIO ROAD EAST BEAUTIFICATION MSTU
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EXHIBIT CREATED ON 6-29-$ BY DARRYL RICHARD PROJECT MANAGER EXHIBIT A _ PAGE 1 OF 2
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EXHIBIT A - BOUNDARY LEGAL DESCRIPTION
LEGAL DESCRIPTION OF RADIO ROAD EAST BEAUTIACATION MSTU
BEGINNING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP SO SOUTH, RANGE 26 EAST; THENCE RUN
SOl'02'26"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2794.71 FEET
TO THE WEST QUARTER CORNER OF SECTION 4; THENCE RUN SOl'02'39"E ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 4 A DtSTANCE OF 2716.04 FEET TO A POINT OF INTERSECTION WITH SAID
WEST LINE WITH THE NORTH RIGHT-OF-WAY LINE OF DAVIS BOULEVARD ACCORDING TO FLORIDA DEPARTMENT
OF TRANSPORTATION RfGHT-OF-WAY MAP SECTION 03506-2601; THENCE RUN NB9'Ol'50"E ALONG SAID NORTH
RIGHT-OF-WAY LINE A DISTANCE
OF 1864.93 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 2789.79 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE A
OISTANCE OF 2860.60 FEET THROUGH A CENTRAL ANGLE OF 58"45'00" TO THE POINT OF TANGENCY THEREOF,
THENCE RUN N30"16'SO"E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 3383.60 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RAOIUS OF 2939.79 FEET; THENCE RUN
ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE A OISTANCE OF 2073.06 FEET THROUGH A
CENTRAL ANGLE OF 40"24'13" TO A POINT OF INTERSECTION OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY
LINE WITH THE SOUTH RIGHT-OF WAY LINE OF RADIO ROAD; THENCE DEPARTING SAID CURVE, FROM A TANGENT
BEARING OF N70'41'03"E; RUN NOO'53'51"W A DISTANCE OF 100.03 FEET TO A POINT ON THE NORTH RIGHT-OF-
WAY LINE OF RADIO ROAD; THENCE RUN S89'06'09"W ALONG SAfD NORTH RIGHT-OF-WAY LINE A DISTANCE OF
992.66 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, RUN NOO'19'12"W ALONG THE WESTERN
BOUNDARY LINES OF THE PlAT OF PALM SPRINGS PLAZA, UNIT NO.1 AS RECORDED IN PlAT BOOK 8, PAGE 21 OF
THE PUBLIC RECORDS OF COlLIER COUNTY, FLORIDA, THE PlAT OF PALM SPRINGS VILlAGE UNIT 1 AS RECORDED
IN PlAT BOOK 8, PAGE 23 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORtDAAND THE PlAT OF PALM SPRfNG
ESTATES, UNIT 1 AS RECORDED IN PlAT BOOK 8, PAGE 22 OF THE PUBLIC RECORDS OF COLLfER COUNTY, FLORIDA
A DISTANCE OF 2567.39 FEET TO THE NORTHWEST CORNER OF SAID PlAT OF PALM SPRINGS ESTATES, UNIT 1;
THENCE RUN N88'46'30"E ALONG THE NORTH LINE OF SAID PlAT A DISTANCE OF 1318.57 FEET TO THE
NORTHEAST CORNER OF SAID PlAT, THEN CENTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, SAID
POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 7S ACCORDING TO FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03175-2409; THENCE RUN N73'OO'28"W
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 92,07 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 11,297.16 FEET; THENCE RUN ALONG THE ARC OF
SAID CURVE AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 3761.18 FEET THROUGH A
CENTRAL ANGLE OF 19'04'32" TO THE POINT OF TANGENCY THEREOF; THENCE RUN S87'SS'OO"W ALONG SAID
SOUTHERLY RtGHT-OF-WAY LINE A DISTANCE OF 3633.67 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 5891.58 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND
SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 481.43 FEET THROUGH A CENTRAL ANGLE OF 04'40'55" TO
THE POINT OF fNTERSECTION OF SAID SOUTHERLY RIGHT-OF-WAY LINE WITH THE WEST LINE OF SECTION 33,
TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE DEPARTING SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY
liNE, RUN SOO'04'OO"E ALONG SAID WEST LINE OF SECTION 33 A DISTANCE OF 3180.97 FEET TO NORTHWEST
CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND THE POINT OF BEGINNING.
CONTAINING THEREIN 113S.439 ACRES OR 49,459,722.03 SQUARE FEET, MORE OR LESS.
EXHIBIT A - PAGE 2 OF 2
8B~.j
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 2009-44
Which was adopted by the Board of County Commissioners
on the 28th day of July, 2D09, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of July, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
By: Martha veria~a
Deputy Clerk'
, 8 B f'\w1 n1
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:
Certified Documents Correcting
Collier County
Validated Ordinance 2009-44
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 5th day
of April, 201D.
DWIGHT E. BROCK '.".'/''1- .
Clerk of Courts arrd'ClerW
Ex-officio to 8b~t::d":6f '.:;"
County Commissio~I."S ~:~:;
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By:
Ann Jennejohn,
Deputy Clerk
-S8
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,
MEMORANDUM
Date:
April 14,2010
To:
Scott Teach, Deputy County Attorney
County Attorney's Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Corrected and re-filed Ordinance 2009-44: Correction to
the number of acres on the originally submitted "Exhibit A"
attached to the ordinance creating the Radio Road East of
Santa Barbara Boulevard to Davis Boulevard MSTU
Attached for your records, is a copy of the corrected and re-filed Ordinance referenced
above, originally adopted by the Board of County Commissioners July 28, 2009;
corrected and re-filed with the Secretary of State's Office April 6, 2010.
We will also provide a copy to Darryl Richard, Project Manager in Collier County's
Alternative Transportation Modes (A TM) Department.
If you have any questions, please feel tree to call me at 252-8406.
Thank you.
Attachment (l)
88
MEMORANDUM
Date:
May 4,2010
To:
Darryl Richard, Project Manager
Alternative Transportation Modes
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Certified Corrected Ordinance 2009-44
Filed & Validated by the Department of State
Bureau of Administrative Code
Attached, please find a copy of the document referenced above,
adopted by the Board of County Commissioners July 28, 2009 with certified
corrections filed and validated by the Florida Department of State Bureau of
Administrative Code on April 6, 2010.
The Minutes and Records Department will hold the original document in
the Official Records of the Board.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
MEMORANDUM
Date:
May 4,2010
To:
Sue Filson, Executive Manager
Board of County Commissioners
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Correction to Ordinance 2009-44: Creating the
Radio Road - East of Santa Barbara Boulevard to
Davis Boulevard Municipal Service Taxing Unit
Attached for your records is a copy of the document referenced above,
originally adopted by the Board of County Commissioners July 28, 2009,
with the relative (certified) corrections filed and validated by the Florida
Department of State Bureau of Administrative Code on April 6, 2010.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachment
88
8B
MEMORANDUM
Date:
May 4, 2010
To:
Ernie Kerskie, Director
Office of the Property Appraiser
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Corrected Ordinance 2009-44
Filed & Validated by the Department of State
Bureau of Administrative Code
Attached for your records is a copy of the document referenced above,
originally adopted by the Board of County Commissioners July 28, 2009
with certified corrections filed and validated by the Florida Department of State
Bureau of Administrative Code on April 6, 2010.
The Minutes and Records Department has held the original document for
the Official Records of the Board.
If you have any questions, please contact me at 252-8406.
Thank you.
Ms. Liz Cloud
Department of State
Bureau of Administrative Code
RA Gray Bldg., Rm.l 0 I
500 S. Bronough Street
Tallahassee, Florida 32399-0250
\ '""--""" .~.. "", .
;~;ntypteqlher
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CLERK OF THE C~RCtJIT COURT
COLLIER COUNTY tOURl'HOUSE
3301 TAMlAMI ~AIL EAST
PO. BOX 413044
NAPLES, FLORIDA'34101-3044
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88
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
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Re: Certified documents correcting Collier County
Validated Ordinance 2009-44: Creating the Radio Road
East of Santa Barbara Boulevard to Davis Boulevard MSTU
Dear Ms. Cloud:
,n
, )
Per the attached letter and recent request by the Collier County
Attorney's Office we are submitting the following: a corrected certified
fQ2Y and corrected regular copy of the above referenced ordinance and
accompanying documents. The referenced Ordinance had originally been
adopted by the Board of County Commissioners of Collier County,
Florida, on Tuesday, July 28,2009 during Regular Session and further
filed with the Secretary of State's Office on August 3, 2009.
Please date stamp the corrected regular copy of this document and kindly
return same to this office for our records. (Ordinance Book)
Thank you.
eu(et~
Thli f"irdlrkii.ce flied wlfli M,e
~ry of ~i5~ffi~e~1!">.e.
day of ,~
and acknowledgeme hot
fili ec"ved tho doy
of
Very truly yours,
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
~ ~o-c.
Attachment~ (j-
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk(a2collierclerk.com
Office of the County Attorney
Jeffrey A. Klatzkow
,
8B .1
Deputy County Attorney' Scott R. Teach
Section Chiefs' Heidi F. Ashton-Cicko* Jacqueline W. Hubbard" .8aa,(j Cer ilec c: 'v ':ou'lli 3~r. b::l GO'I'rn;renlla~1
Assistant County Attorneys' Colleen M Greene JenOlfer B White Steven T Wllliarns Jeff E. Wnght Robert N Zachary
March 31, 2010
.
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,-
Via Hand Delivery
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"
Ms. Patricia Morgan, BMR Manager
Collier County Clerk of Courts - Minutes and Records
3301 Tamiami Trail East, 4th Floor
Naples, Florida 34112
- ~
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Re: Correction to Validation of Ordinance No. 2009-44
Dear Ms. Morgan:
I am writing to request your assistance in seeking a correction to the above-referenced
Ordinance, which was validated by the State on August 3, 2009.
On July 28, 2009, Ordinance No. 2009-44 was approved by the Collier County Board of
Commissions under Agenda Item 17 A. An actual copy of that agenda item as approved by the
Board is attached to this correspondence as Exhibit "I." This Ordinance established the Radio
Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (the
"MSTU"). The boundaries of the MSTU approved by the Board encompasses 970.280 acres as
reflected on Exhibit "A," page two (2) of that Board approved Ordinance.
Recently a staff member from the Collier County Transportation Alternative Transportation
Modes ("A TM") Department informed me that the A TM Department erroneously attached an
earlier draft of Exhibit A, page two (2) to the signed Ordinance it provided your office to file
with the State. I reviewed the Ordinance validated by the State and can confirm that the
incorrect Exhibit was attached. A copy of the validated Ordinance is attached hereto as Exhibit
"2." This error is significant because the Exhibit attached to the validated Ordinance incorrectly
reflects an additional 165.159 acres within the MSTU boundaries.
Because the error in this instance is not one that can be remedied by going back to the Board of
County Commissioners (the Board actually approved the correct Ordinance), I am asking your
assistance in having the State make the necessary correction. If you require anything further
from me to assist with this task, please do not hesitate to contact me.
3301 East Tamlaml Trail, Naples Flonda 34112-4902. (239) 252.8400' FAX (239) 252.6300
Page Two
Ms. Patricia Morgan
March 31, 2010
t8B
"",
I would again like to thank you in advance for your assistance.
Sincerely,
~-v 'lI ?~-ML
Scott R. Teach
Deputy County Attorney
Enclosure
Cc: Darryl Richard, RLA, MSTU Project Manager
_...._...~------_._--
330 I East Tamiami Traif - Naples, Fforida 34 f 12-4902 Phone (239) 252-8400 Facsimile (239) 252.6300
#:-\li151673'1."
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CHARLIE CRIST
Governor
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FLORIDA DEPARTMENT Or STATE
. .
'88
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STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
April 8,2010
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Anne Jennejohn, Deputy Clerk
Dear Mr. Brock:
,.
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated April 5, 2010 and corrected certified copy of Collier County Ordinance No. 2009-44, which
was received in this office on April 6, 20 I O.
As requested, one date stamped copy is being returned for your records.
Sincerely,
Li~cw2
Program Administrator
LC/srd
Enclosure
D!RECTOR"S OFFICE
R.A. Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-()250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.statc.tl.us
COMMUNITY DEVELOPMENT
8S0.245.6fiOO . FAX: 850.245.6643
s'rATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.lJ879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE ANIJ WEEKLY
R50.245.0270 . FAX: 850.245.6282
8 fJ ~~~~~
Exhibit 1
.
Ag.,nda I~ln No. 17 A
-8)J.utr 28. 2009
.' P~ge 1 of 14
88
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EXECUTIVE SUMMARY
'~:' ,- - '''\
Recommendation that the Board approve an Ordinance Creating the Radi9:~Road-East of
Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unft/
OBJECTIVE: That the Board of County Commissioners approve an ordinance creating the
Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit
(MSTU).
CONSIDERATIONS: On April 7, 2009, Commissioner Henning's Office, in coordination with
the existing Radio Road MSTU, organized a public meeting to present a proposal for the
expansion of MSTU project activity east of Santa Barbara Boulevard along Radio Road to Davis
Boulevard. There were approximately 200 people in attendance at this public meeting
representing the various communities along Radio Road. Most of the attendees were "in favor"
of either expanding the existing MSTU boundary or creating a new MSTU for the purposes of
installing landscaping and irrigation East of Santa Barbara. The proposed MSTU boundary will
include 3,312 separate property owners; most of who belong to eleven (II) separate homeowner
associations, which include: Sapphire Lakes, The Shores, Furse Lakes Club, Granada Lakes
Villas, Ibis Club, Madison Park, Blue Hcron, Sherwood Park, Berkshire Lakes-Berkshire Pine,
Sabal Lakes, and Plantation.
At the May 12, 2009, meeting of the Board of County Commissioners (Agenda Item 10C), the
Board approved a policy that allows for future landscape projects on roadways included in the
Collier County Landscape Beautification Master Plan to be initiated by developers, Municipal
Service Taxing Units (MSTU), or homeowner associations (HOA). Radio Road from Santa
Barbara Boulevard to Davis Boulevard was identified as one of the roadway segments that would
be a candidate for Developer/MSTU/HOA landscaping. Under the policy, landscaping would be
installed by an MSTU and maintenance could be assumed by the County on a future date subject
to the Board's future approval of landscape maintenance funding.
On June 23, 2009, Agenda Item 16.B.14, the Board of County Commissioners directed staff to
bring back an Ordinance creating the Radio Road East of Santa Barbara Boulevard to Davis
Boulevard Municipal Service Taxing Unit (MSTU).
FISCAL IMPACT: Approval of this MSTU Ordinance will set in motion a series of fiscal
steps including: (I) Creation of the Radio Road East of Santa Barbara Boulevard to Davis
Boulevard Municipal Service Taxing Unit (MSTU) Fund and related Cost Center; and (2)
mechanism to establish the budget based upon certified taxable value and applied millage rate to
match existing Radio Road MSTU millage rate of .2521 mils. Based upon a projected taxable
value equal to $546,204,854.00 the extension of taxes based upon .2521 mils would raise
approximately $137,698.00 per year. The effect of the proposed MSTU, including the tax levy
implications, will not be realized until the 2010 tax year (FY 2011). This assumes that the
enabling ordinance and related filings will be completed prior to December 31,2009.
88 --
Age~~~ Item NO.1 7 A
July 28. 2D09
Page 2 of 14
The creation of the proposed MSTU will have an impact upon the aggregate county millage rate
when this calculation is performed for the FY 2011 budget. If the current year proposed
aggregate millage rate exceeds current year aggregate rolled back rate, TRIM statutes will
require the County to publish a "Notice of Proposed Tax Increase" public hearing ad as opposed
to the "Notice of Budget Hearing" public hearing ad. Further, a two-thirds vote of the Board
would be required separately for taxing authority millage rates which exceed the rolled back rate
multiplied by the Florida Personal Income Growth Factor.
Anticipated project activity is estimated to cost $750,000 (total project per Windham Studios
Opinion of Cost); the MSTU committee will fund project activity based on funding availability,
and project 'phasing' will be considered in order to expedite project construction.
Approval of this Ordinance will result in expansion of Fund III maintenance responsibilities
after proposed MSTU project completion.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a
majority vote for approval, and is otherwise legally sufficient for Board action.-SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board approve the attached Ordinance creating the Radio
Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit
(MSTU). Further, that the Board authorize the Chainnan to sign said Ordinance if approved by
the Board; and County Manager or his designee to include the operation, maintenance and life
cycle replacement cost as a line item in the annual budget review following the completion of the
project(s).
Prepared By: Darryl Richard, Project Manager - MSTUs, Alternative Transportation Modes
Attachments: (I) Ordinance, (2) Exhibit A - MSTU Boundary Map;
2
~
8B """"
~a~e 1 of2
Agenda ltem"No. 17 A
July 28. 2009
Page 3 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
FA
Hecomm8ndation tiwt the BOi1rd approve all Ordinance Creating the RadiO Road East of
Santa 88rb,qra Boulevdrd to Davis Boulevard Municipal Service Taxing Unit.
Meeting Date:
7/28/20099:00:00 AM
Prepared Ry
Darryl Richard
Project Mnn;lger
Date
Transportation Servic2s
Alternative Transportation Motj(!s
7/6/20093:44:34 PM
Approved By
Q.lrryl Ridlard
Project Manager
Date
TfllllSpol1ation Services
Altcrnotive Tr<::HlSfJOrtation Modes
7/6120094:30 PM
Approved By
Caroline Soto
Admjnj~trative Assistant
Odtc
Transportation Services
Transportation Engineering and
Construction
717/200910,18 AM
Approved By
Therese Stanley
Grants Coordinatol
Date
Transportation
T(311~,portatioll Administration
718/20093:14 PM
Approved By
P~1rnela J. Lulicl1
PrOject Mananer
O,1h~
Tril!lSportation Services
Alt2rnative Tran!>pO!tdtiotl Modes
7/8/2009 4:5~1 PM
Approved By
N.1Juh Ahmad
Oirf'ctor
Date
Transportation Servici's
Transportation Engineering &
Construction Management
7/10/20099:12 AM
Approved By
Michelle Edwards Arnold
Alternative Transport;ltion Modes
Dirt'ctor
Delte
Transport<ltion Services
Alternative Transpcrtation Modes
7/15120092:03 PM
Approved By
Scott R. Te.lch
Assi:~t~\nt COiJllty Attornl'Y
DFlte
County' Attorney
Cf)Unty Attorney Otticp
7/113/200912:32 PM
Appro\'ed By
P:\t Leilnh<ll"d
Ej('~cutiv,~ S~)CI','~i:,lry
D,lte
Tr,1nspoJ'tatioll S'JrVicD-S
Tr,lJl<:'.port:Jt;O!l $Hvic0S Admin
I'll G/2000 1 02 ;-'M
Approved By
OMS Coordinator
O!\iB CoordillcllOI'
O~1te
County Manager's Office
Offke of Man<.lgl:1Tlcnt 3. Budget
7/16120091:53 PM
Approved By
Mark ISLlck';on
r31Jdget Analyst
Date
file:l/C:IAgendaT estlExportl 13 3 -July%2028, %2020091 17. %20SUMMAR Y%20AGENDA I...
7/22/2009
rS8
.
Page 2 of 2
Agenda Item No. 17A
July 28, 2DD9
Page 4 of 14
County Manager's Office
Office of Management & Budget
7/17/2009 11 :22 AM
Approved By
Leo E. Ochs, Jr
Deputy County MdnaqN
D,',te
Board of County
Commissioners
County Manager's Office
7/17/2009 '1:14 PM
fi le:l/C:IAgcndaTcstIExportl 13 3 -July%2028, %202009117. %20SUMMAR Y%20AGENDA I... 7/22/2009
I'.qenda Item No. 17A
.July 28. 2DD9
P;Jge 5 of 1~
EXHIBIT A. BOUNDARY MAP
RADIO ROAD EAST BEAUTIFICATION MSTU
88
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EXHIBIT CREATED 0" 6-29.09 BY DARRYL RICHARD PROJECT MI\JlAGER
REVISED 0" 7 -16-09
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EXHIBIT A - PAGE 1 OF 2
AqCIld8 Item No 17^
, Julv 28. 2009
Page (:; of 14
EXHIBIT A - BOUNDARY DESCRIPTION
LEGAL DESCRIPTION OF RADIO ROAD EAST BEAUTIFICATION MSTU
8B
BEGINNING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST;
THENCE RUN SOl002'26"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4 A
DISTANCE OF 2794.71 FEET TO THE WEST QUARTER CORNER OF SECTION 4; THENCE RUN N88'49'29"E
ALONG THE NORTH LINE OFTHE SOUTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2632.37 FEET TO
THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 4; THENCE RUN SOo053'44"E
ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 2619.85 FEET TO A POINT OF
INTERSECTION WITH SAID EAST LINE WITH THE NORTH RIGHT-OF-WAY LINE OF DAVIS BOULEVARD
ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03506-
2601, SAID POINT OF INTERSECTION ALSO BEING A POINT ON A CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 2789.79 FEET; THENCE FROM A TANGENT BEARING OF N73'12'42"E, RUN ALONG
THE ARC OF SAID CURVE A DISTANCE OF 2090.35 FEET THROUGH A CENTRAL ANGLE OF 42"55'51" TO
THE POINT OF TANGENCY THEREOF, THENCE RUN N30'16'50"E ALONG SAID RIGHT-OF-WAY LINE A
DISTANCE OF 3383.60 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 2939.79 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID NORTH
RIGHT-OF-WAY LINE A DISTANCE OF 2073.06 FEET THROUGH A CENTRAL ANGLE OF 40024'13" TO A
POINT OF INTERSECTION OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE WITH THE SOUTH
RIGHT-OF WAY LINE OF RADIO ROAD; THENCE DEPARTING SAID CURVE, FROM A TANGENT BEARING OF
N70041'03"E; RUN NOO'53'59"W A DISTANCE OF 100.03 FEET TO A POINT ON THE NORTH RIGHT-OF-
WAY LINE OF RADIO ROAD; THENCE RUN S89'06'09"W ALONG SAID NORTH RfGHT-OF-WAY LINE A
DISTANCE OF 992.66 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, RUN Nooo19'12"W
ALONG THE WESTERN BOUNDARY LINES OF THE PLAT OF PALM SPRINGS PLAZA, UNIT NO.1 AS
RECORDED IN PLAT BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE PLAT
OF PALM SPRINGS VILLAGE UNIT 1 AS RECORDED IN PLAT BOOK 8, PAGE 23 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA AND THE PLAT OF PALM SPRING ESTATES, UNIT 1 AS RECORDED IN PLAT
BOOK 8, PAGE 22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA A DISTANCE OF 2567.39 FEET
TO THE NORTHWEST CORNER OF SAID PLAT OF PALM SPRINGS ESTATES, UNIT l;THENCE RUN
N88'42'21"E ALONG THE NORTH LINE OF SAID PLAT A DISTANCE OF 659.02 FEET; THENCE RUN
NOO'41'15"W A DISTANCE OF 199.15 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 11297.16 FEET, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-
WAY LINE OF INTERSTATE 75 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-
WAY MAP SECTION 03175-2409; THENCE FROM A TANGENT BEARING OF N76001'39"W, RUN ALONG
THE ARC OFSAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE A OISTANCE OF 3165.75 FEET
THROUGH A CENTRAL ANGLE OF 16003'21" TO THE POINT OF TANGENCY THEREOF; THENCE RUN
S87055'OO"W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 3633.67 FEET TO A POINT
OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 5891.58 FEET;
THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE
OF 481.43 FEET THROUGH A CENTRAL ANGLE OF 04040'55" TO THE POINT OF fNTERSECTION OF SAID
SOUTHERLY RIGHT-OF-WAY LINE WITH THE WEST LINE OF SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26
EAST; THENCE DEPARTING SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE, RUN SOoo04'OO"E
ALONG SAID WEST LINE OF SECTION 33 A DISTANCE OF 3180.97 FEETTO NORTHWEST CORNER OF
SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND THE POINT OF BEGfNNING.
CONTAINING THEREIN 970. 280 ACRES OR 42,265,399,29 SQUARE FEET, MORE OR LESS.
EXHIBIT A - PAGE Z OF Z
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Agenda Item No. 17A
July 28.2009
Page I of 14
ORDINANCE NO, 2009-
88
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AN ORDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DAVIS BOULEVARD MUNICIPAL SERVICE TAXING UNIT;
PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION;
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING
AND THE LEVY OF NOT TO EXCEED ,5 MILS OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR
THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DA VIS BOULEVARD ADVISORY COMMITTEE,
APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE
OF THE ADVISORY COMMITTEE; QUORUM AND RULES OF PROCEDURE;
PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY
COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER
OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY
COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, at the June 23, 2009, meeting of the Board of County Commissioners the
Board was informed that the residents living in District 3 along Radio Road, East of Santa
Barbara Boulevard to the intersection of Radio Road and Davis Boulevard, requested
landscaping be installed along that section of roadway; and
WHEREAS, the Board of County Commissioners has determined that the creation of a
municipal service taxing unit to be known as the "Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU" is the best method for funding
and implementing the installation of this landscaping.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE,
Authority.
This Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200,
Florida Statutes, and other applicable law.
Agenda Item NO.1 7 A
July 28. 20D9
paq8 8 of 14
SECTION TWO. Creation of the Munkipal Servke Taxing Unit.
'88
There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard municipal service taxing unit, hereinafter
referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Composite
Exhibit "A," which is incorporated herein by reference.
SECTION THREE. Purpose and Governing Body.
The MSTU is created for the purpose of providing landscaping and sprinkler systems for
the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. "Ibis MSTU
will sunset when the project is completed, or in six (6) years, which ever happens sooner.
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 tbe project is either
completed or when six (6) years is up, which ever comes 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 FIVE. Tax Assessment and Collection.
Taxes herein provided for shall be assessed and collected in the same manner and form as
provided for the assessment and collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
2
88
Agenda Item No. 17A
~ July 28. 2009
Page 9 of 14
SECTION SIX,
Creation of the Radio Road. East of Santa Barbara Boulevard to tbe
inters<<tion of Radio Road and Davis Boulevard MSTU Advisory
Committee. Appointment and Composition.
A. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee,
hereinafter referred to the "Committee."
B. The Committee shall consist of five (5) members which represent the area within the
MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the
Board of County Commissioners. Said members shall be property owners of Collier
County within the MSTU and permanent resident electors of Collier County. The Board
of County Commissioners shall consider appointment of members from different parcels,
subdivisions and/or the communities within the MSTU.
C. Appointment of the members to the Committee shall be by resolution of the Board of
County Commissioners, which resolution shall set forth the date of the appointment and
the term of office.
D. Members of the committee shall serve without compensation but shall be entitled to
receive reimbursement for expenses reasonably incurred in the performance of their
duties upon prior approval of the Board of County Commissioners.
E. Committee shall meet on an as-needed basis, but not less than once per year.
SECTION SEVEN, Terms of Office oftbe Advisory Committee.
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 tor a term of four (4) years.
3
88
'; "'niJa Item NO.1 7 A
,,~ July 28. 20D9
- Paqe 10 of 14
Thereafter each appointment or reappointment shall be for a term of four (4) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired
term of office.
SECTION EIGHT. Officers of the Advisory Committee, Quorum And Rules of
Procedure.
A. At its earliest opportunity, the membership of the Committee shall elect a chairman and
vice chairman from among its members. Officer's terms shall be for one (I) year, with
eligibility for re-election.
B. The presence of three (3) or more members shall constitute a quorum of the Committee
necessary to take action and transact business.
C. The Committee shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a written record of the meetings,
resolutions, reports and exhibits, findings and determinations. Copies of all Committee
minutes, resolutions, reports and exhibits shall be submitted to the Board of County
Commissioners.
D. Committee member attendance requirements, including failure to attend meetings and
member removal from office are governed by Ordinance No. 2001-55, as it may be
amended, or by its successor ordinance.
SECTION NINE, Functions, Powers and Duties of the Advisory Committee,
The functions, powers and duties of the Committee shall be as follows:
A. To aid and assist the Board of County Commissioners in carrying out the MSTU as set
forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized budget of
the amount of money required to carry out the business of the MSl1J for the next fiscal
year. In carrying out this responsibility, the Committee shall, no later than April I st of
each year, meet with the County Manager or his designee and outline to the County
4
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A<J<$nda Item No. 17A
July 28, 2009
Page 11 of 14
Manager or his designee those projects which the committee wishes to see accomplished
during the next fiscal year. Based upon this information, the County Manager or his
designee shall prepare a proposed budget for the MSTU, in accordance with standard
County guidelines regarding preparation of budgets. This proposed budget shall then be
reviewed by the Committee and upon approval by the Committee be transmitted through
the County Manager or his designee to the Board of County Commissioners' policy.
Should the Committee fail to approve the budget by June 1 st of each year, the County
Manager 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 Manager or
his designee is 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 Manager or his designee.
Said work may be performed under contract (in accordance witb the law) or by County
forces.
D. The Committee may adopt and amend "Guidelines" to govern its operation and tbe
operation of the MSTU, subject to approval by the Board of COlIDty Commissioners.
SECTION TEN,
Dutics of thc County Managcr or his Dcsignee,
The duties of the County Manager of his designee shall be:
A. To administer the activities of the MSTU in accordance with established policies of the
Board of County Commissioners and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above.
C. To provide periodic written reports to the Committee, and the Board of County
Commissioners of the activities of the MSTU and its finances in accordance with
established guidelines of the Board of County Commissioners and/or the Committee.
5
D. Attend all Committee meetings.
Agenda Item No. 17A
July 28, 2009
Page 12 of 14
88 ~
SECTION ELEVEN, 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 TWELVE, 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-Iettered to accomplish such, and the word "Ordinance" may be changed to
"Section," "Article," or any other appropriate word.
SECTION THIRTEEN. 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 28th day of July, 2009.
6
A TrEST:
DWIGHT E. BROCK, CLERK
Approved as to fonn and
Legal sufficiency:
Scott R. Teach
Deputy County Attorney
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Agenda Item No. 17 A
Jufy 28. 2D09
Page 13 of 14
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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DONNA FIALA, CHAIRMAN
7
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NOTICE OF INTENT TO CONSIDER,QRD1NANCE
Notice is here~y given that on Tuesday, Jufy 28,
2009.\ In the Boardroom, 3rd Floor, Adhlfnlstratlon
Builoing, Collier County. Government center, 3301
East Tamlaml Trail, Naples Florida, the Board ql
County commfsslonerswlll consider the enactment
of a county Ordinance. The meeting will com-
menceat 9:00 A.M. The tftle 01 the proposed Ordi-
nance Is as follows: .
Afol ORDINANCE CREATlfolG THE RADIO ROAD EAST
OF. SANTA .BARBARA BOULEVARD TO DAVIS BOULE.
VARD MUfollclPAL SERVICE TAXING UfolIT; PRoviD-
ING THE AUTHORITY: PROVIDING FOR THE CRE-
ATION: PROVIDING A PURPOSE AND GOVERfollNG
BODY: PROVIDING FUNDING AND THE LEVY OF NOT
TO EXCEED .5 MILS OF AD VALOREM TAXES PER
YEAR: PROVIDlfolG FOR THE COLLECTION OF TAXES:
PROVIDING FOR THE CREATION OF THE RADIO ROAD
EAST OF SANTA BARBARA BOULEVARD TO DAVIS
BOULEVARD ADVISORY COMMITTEE: APPOINTMENT
AND COMPOSITION: PROVIDING FOR TERMS OF OF-
FICE OF THE ADVISORY COMMITTEE, QUORUM AND
RULES OF PROCEDURE: PROVIDING FO~ FUNCTIONS,
POWERS AND DUTIES OF THE ADVISORY COMMIT-
TEE: PROVIDING FOR THE DUTIES OF THE COUNTY
MANAGER OR HIS DESIGNEE; PROVIDING FOR RE.
VIEW PROCESS OF THE . ADVISORY COMMITTEE:
PROVIDING FOR CONFLICT AND SEVERABILITY; PRO-
VIDING FOR INCLUSION IN THE COLLIER COUNTY
CODE OF LAWS. AND ORDINANCES; PROVIDING FOR
AN EFFECTIVE DATE.
Copies 01 the proposed Ordinance are on 'file with
the Clerk to the Board and are available for Jnspec-
tlon. 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 (!dmlnlstrator
prior to presentatfon 01 the agenda Item to be ad-
dressed. Individual speakers' will be limited to S'
minutes on any Item. The selection 01 an Individual
to speak on ,behalf of an organization o,r group .-is
encouraged. If recognfzed by the Chairman, a
spokesperson for a group or o,rQanlzation may- be
allotted 10 minutes to speak on ari Item; ~ .'
Persons_ wishing to have written or graphiC materi-
als Included In the Board agenda packets must
submIt said ma~erial a minimum of 3, weeks prior' to
the respective ,public' hearing. In ~ny case, - wrItten
materials Intended to be considered by the Board
shall be submitted to the appropriate county staff
a mfnlmum of seven' days prfor to the publiC hear.
ing. All material used In presentations before the
Board w:1I1 become. a permanent part of the record.
Any person who decides to appe~1 a decision of the
Board will ,need. a' record 01 the proceedings per-
tafnlng thereto and therelore, may need -to ensure
that a verbatim record of. the proceedings is made,
which record Includes the testimony and evidence
upon whfch the appeal Is based. .
If you"are a person with a dIsability who :needs any
accommodation In order to partfcfpat. In this pro-
ceeding; you are entitled, at no cost to. you, to the
provision of cartaln assistance. Please contact the
Collier. County Facilities Mariagementbepartment,
located at 3301 TamlamlTrail East, Building W,
Naples, Florida 34112, (239).252.8380. Assisted lis-
tening devices for the hearing Impaired are avail"
able In the County Commissioners' Office. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA. CHAIRMAN
DWIGHT E. BROCK. CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Julv 17 700Q NolA07151
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Agenda Item No. 17 A
July 28. 20D9
Page 14 of 14
Friday, July 17, 2009
88
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Exhibit 2
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2'"~~'Z"S'1; ~.#--ORDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA
----.-lfOULEVARD TO DAVIS BOULEVARD MUNICIPAL SERVICE TAXlNG'u:NJT;
PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION;
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING
AND THE LEVY OF NOT TO EXCEED .5 MILS OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR
THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DA VIS BOULEVARD ADVISORY COMMITI'EE,
APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE
OF THE ADVISORY COMMITTEE; QUORUM AND RULES OF PROCEDURE;
PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY
COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER
OR IDS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY
COMMITI'EE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
88
'\1IllIIIl
'~
ORDINANCE NO, 2009- 44
WHEREAS, at the June 23, 2009, meeting of the Board of County Commissioners the
Board was informed that the residents living in District 3 along Radio Road, East of Santa
Barbara Boulevard to the intersection of Radio Road and Davis Boulevard, requested
landscaping be installed along that section of roadway; and
WHEREAS, the Board of County Commissioners has determined that the creation of a
municipal service taxing unit to be known as the "Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU" is the best method for funding
and implementing the installation of this landscaping.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Authority.
This Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200,
Florida Statutes, and other applicable law.
t 8 B
'?~!l!
SECTION TWO. Creation of the Municipal Service Taxing Unit.
There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard municipal service taxing unit, hereinafter
referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Composite
Exhibit "A," which is incorpomted herein by reference.
SECTION THREE. Purpose and Governing Body.
The MSTU is created for the purpose of providing landscaping and sprinkler systems for
the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTIJ
will sunset when the project is completed, or in six (6) years, which ever happens sooner.
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 either
completed or when six (6) years is up, which ever comes 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 mte not to exceed .5 mils per year.
SECTION FIVE,
Tax Assessment and Collection.
Taxes herein provided for shall be assessed and collected in the same manner and form as
provided for the assessment and collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
2
"aB
SECTION SIX.
Creation of the Radio Road, East of Santa Barbara Boulevard to the
intersection of Radio Road and Davis Boulevard MSTU Advisory
Committee, Appointment and Composition.
A. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee,
hereinafter referred to the "Committee."
B. The Committee shall consist of five (5) members which represent the area within the
MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the
Board of County Commissioners. Said members shall be property owners of Collier
County within the MSTU and permanent resident electors of Collier County. The Board
of County Commissioners shall consider appointment of members from different parcels,
subdivisions and/or the communities within the MSTU.
C. Appointment of the members to the Committee shall be by resolution of the Board of
County Commissioners, which resolution shall set forth the date of the appointment and
the term of office.
D. Members of the committee shall serve without compensation but shall be entitled to
receive reimbursement for expenses reasonably incurred in the performance of their
duties upon prior approval of the Board of County Commissioners.
E. Committee shall meet on an as-needed basis, but not less than once per year.
SECTION SEVEN. Terms of Office of the Advisory Committee.
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 (I) member shall be appointed for a term of four (4) years.
3
'8B
...:''''111
Thereafter each appointment or reappointment shall be for a term of four (4) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired
term of office.
SECTION EIGHT, Officen of the Advisory Committee, Quorum And Rules of
Procednre.
A. At its earliest opportunity, the membership of the Committee shall elect a chairman and
vice chairman from among its members. Officer's terms shall be for one (I) year, with
eligibility for re-election.
B. The presence of three (3) or more members shall constitute a quorum of the Committee
necessary to take action and transact business.
C. The Committee shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a written record of the meetings,
resolutions, reports and exhibits, findings and determinations. Copies of all Committee
minutes, resolutions, reports and exhibits shall be submitted to the Board of County
Commissioners.
D. Committee member attendance requirements, including failure to attend meetings and
member removal from office are governed by Ordinance No. 2001-55, as it may be
amended, or by its successor ordinance.
SECTION NINE, Functions, Powen and Duties ofthe Advisory Committee.
The functions, powers and duties of the Committee shall be as follows:
A. To aid and assist the Board of County Commissioners in carrying out the MSTU as set
forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized budget of
the amount of money required to carry out the business of the MSTU for the next fiscal
year. In carrying out this responsibility, the Committee shall, no later than April 151 of
each year, meet with the County Manager or his designee and outline to the County
4
t
88
11..
'. ~I'
Manager or his designee those projects which the committee wishes to see accomplished
during the next fiscal year. Based upon this information, the County Manager or his
designee shall prepare a proposed budget for the MSTU, in accordance with standard
County guidelines regarding preparation of budgets. This proposed budget shall then be
reviewed by the Committee and upon approval by the Committee be transmitted through
the County Manager or his designee to the Board of County Commissioners' policy.
Should the Committee fail to approve the budget by June 1" of each year, the County
Manager 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 Manager or
his designee is 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 Manager or his designee.
Said work may be performed under contract (in accordance with the law) or by County
forces.
D. The Committee may adopt and amend "Guidelines" to govern its opemtion and the
operation of the MSTU, subject to approval by the Board of County Commissioners.
SECTION TEN,
Duties of tbe County Manager or his Designee,
The duties of the County Manager of his designee shall be:
A. To administer the activities of the MSTU in accordance with established policies of the
Board of County Commissioners and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above.
C. To provide periodic written reports to the Committee, and the Board of County
Commissioners of the activities of the MSTU and its finances in accordance with
established guidelines of the Board of County Commissioners and/or the Committee.
5
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D. Attend all Committee meetings.
SECI'ION ELEVEN, 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 TWELVE, 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 THIRTEEN. 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 28th day of July, 2009.
6
ArrEST; ....
DWIGifF;Ji:..~,~ CLERK
',' '. ',\
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. .'. ." _~f.. - :
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AttIG. .. _. eN
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" .:;,. .,' . ~
Approved as to form and
Legal sufficiency:
~*i2A~v @)
Scott R. Teach
Deputy County Attorney
8B
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~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
If~ d,,-~
DONNA FIALA, CHAIRMAN
By:
This ordinance flied with the
Secr.tory of ~'S Offloe the
~ day of IJl\t, 2<<>'1
and aeknowledgemen;~ that
flll~"ved dill, day
of~
7
EXHIBIT A - BOUNDARY MAP
RADIO ROAD EAST BEAUTIFICATION MSTU
I 88
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EXHIBIT CREATED ON 6-29-$ BY DARRYL RICHARD PROJECT MANAGER
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EXHIBIT A - PAGE 1 OF 2
8 B f\~;
EXHIBIT A - BOUNDARY LEGAL DESCRIPTION
LEGAL DESCRIPTION OF RADIO ROAD EAST BEAUTIFICATION MSTU
BEGINNING AT THE NORTHWEST CORNER OF SECTfON 4, TOWNSHIP SO SOUTH, RANGE 26 EAST; THENCE RUN
SOr02'26"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2794.71 FEET
TO THE WEST QUARTER CORNER Of SECTION 4; THENCE RUN SOl'02'39"E ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER Of SECTION 4 A DISTANCE OF 2716.04 FEET TO A POINT Of fNTERSECTION WITH SAfD
WEST LINE WITH THE NORTH RIGHT-Of-WAY LINE OF DAVIS BOULEVARD ACCORDING TO fLORIDA DEPARTMENT
OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03506-2601; THENCE RUN N89'Ol'SO"E ALONG SAID NORTH
RIGHT-OF-WAY LINE A DISTANCE
OF 1864.93 fEET TO THE POINT Of CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 2789.79 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE A
DISTANCE OF 2860.60 FEET THROUGH A CENTRAL ANGLE OF 58'45'00" TO THE POINT Of TANGENCYTHEREOF,
THENCE RUN N30"16'SO"E ALONG SAID RfGHT-OF-WAY LINE A DISTANCE OF 3383.60 FEET TO THE POINT OF
CURVATURE Of A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2939.79 FEET; THENCE RUN
ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-Of-WAY LINE A DISTANCE OF 2073.06 FEET THROUGH A
CENTRAL ANGLE OF 40"24'13" TO A POINT OF INTERSECTION Of SAID CURVE AND SAID NORTH RIGHT-Of-WAY
LINE WITH THE SOUTH RIGHT-OF WAY LINE OF RADIO ROAD; THENCE DEPARTING SAID CURVE, FROM A TANGENT
BEARING OF N70'41'03"E; RUN NOO'S3'51"W A DISTANCE OF 100.D3 FEET TO A POINT ON THE NORTH RIGHT-OF-
WAY LINE OF RADIO ROAD; THENCE RUN S89"06'09"W ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF
992.66 FEET; THENCE DEPARTING SAID NORTH RtGHT-OF-WAY LINE, RUN NOO'19'12"W ALONG THE WESTERN
BOUNDARY LINES OF THE PLAT OF PALM SPRINGS PLAZA, UNIT NO.1 AS RECORDED IN PLAT BOOK 8, PAGE 21 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE PLAT OF PALM SPRINGS VtLLAGE UNIT 1 AS RECORDED
IN PLAT BOOK 8, PAGE 23 OF THE PUBLIC RECORDS Of COLLIER COUNTY, FLORtDAAND THE PLAT OF PALM SPRING
ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 8, PAGE 22 OF THE PUBLIC RECORDS OF COlLIER COUNTY, FLORIDA
A DISTANCE OF 2567.39 FEET TO THE NORTHWEST CORNER OF SAID PLAT OF PALM SPRtNGS ESTATES, UNIT 1;
THENCE RUN N88'46'30"E ALONG THE NORTH LINE OF SAID PLAT A DISTANCE OF 1318.57 FEET TO THE
NORTHEAST CORNER OF SAID PLAT, THEN CENTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, SAID
POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 75 ACCORDING TO FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03175-2409; THENCE RUN N73'OO'28"W
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DfSTANCE OF 92.07 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 11,297.16 FEET; THENCE RUN ALONG THE ARC OF
SAID CURVE AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 3761.18 FEET THROUGH A
CENTRAL ANGLE OF 19"04'32" TO THE POINT OFTANGENCY THEREOF; THENCE RUN S87'S5'OO"W ALONG SAID
SOUTHERLY RtGHT-OF-WAY LINE A DISTANCE OF 3633.67 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 5891.58 FEET; THENCE RUN ALONG THE ARC OF SAfD CURVE AND
SAID SOUTHERLY RIGHT-Of-WAY LINE A OISTANCE OF 481.43 FEETTHROUGH A CENTRAL ANGLE OF 04'40'55" TO
THE POINT OF fNTERSECTION OF SAID SOUTHERL Y RIGHT-OF-WAY LINE WITH THE WEST LINE OF SECTION 33,
TOWNSHIP 49 SOUTH, RANGE 26 EAST; TH ENCE DEPARTING SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY
liNE, RUN SOO'04'00"E ALONG SAID WEST LINE OF SECTION 33 A DISTANCE OF 3180.97 FEET TO NORTHWEST
CORNER OF SECTION 4, TOWNSHIP SO SOUTH, RANGE 26 EAST AND THE POINT OF BEGINNING.
CONTAINING THEREIN 1135.439 ACRES OR 49,459,722.03 SQUARE FEET, MORE OR LESS.
EXHIBIT A - PAGE 2 OF 2
88
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"..!'.,
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 2009-44
Which was adopted by the Board of County Commissioners
on the 28th day of July, 2D09, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of July, 2009.
DWIGHT E. BROCK
Clerk of Courts. ~nd Clerk
Ex-officio to Board of
County Commissioners
By: Martha Ver~~~a
Deputy Clerk; .
"88
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!tl
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:
Certified Documents Correcting
Collier County
Validated Ordinance 2009-44
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 5th day
of April, 2010.
DWIGHT E. BROCK
Clerk of Courts and Clerk>
Ex-officio to Boar~of
County Commissior~rs
G.u-u- ~a.C>.
~ (j" /""
By: Ann Jennejohn,
Deputy Clerk
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