Ordinance 2019-19 ORDINANCE NO. 2019- 1 9
AN ORDINANCE CREATING THE BLUE SAGE DRIVE
MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE
AUTHORITY FOR THE CREATION: PROVIDING A
PURPOSE AND GOVERNING BODY; PROVIDING
FUNDING AND THE LEVY OF NOT TO EXCEED 3.0 MILS
OF AD VALOREM TAXES PER YEAR; PROVIDING FOR
THE COLLECTION OF TAXES: PROVIDING FOR DUTIES
OF THE COUNTY MANAGER OR HIS DESIGNEE;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, based on concerns raised by Fire Chief Kingman D. Schuldt of the Greater
Naples Fire Recue District, it has become apparent that upon recent assessment of the road
condition of a privately-owned roadway located in the Golden Gate Estates area, that portions of
Blue Sage Drive have been deemed impassable for fire rescue apparatus during emergency
conditions; and
WHEREAS, having Blue Sage Drive impassable to emergency vehicles endangers not
only the residents along Blue Sage Drive, but also neighboring residents of Collier County,
especially should there be a wildfire event; and
WHEREAS, since the adoption of the State Emergency Management Act in 1974, the
Florida Legislature has expressly declared that " safeguarding the life and property of its citizens
is an innate responsibility of the governing body of each political subdivision of the state."
Pursuant to this declaration, counties are specifically empowered to serve the emergency
management function for both their incorporated and unincorporated areas; and
WHEREAS,on September 24,2013,the Board of County Commissioners(Board)passed
Resolution No. 2013-221 to establish procedures to make emergency repairs to private roads
impassable to emergency vehicles, and on December 8, 2015 the Board passed Resolution No.
2015-244 further refining said procedures; and
WHEREAS, on June 12, 2018, using the procedure established in Resolution 2013-221,
as amended, the Board directed the County Manager to make emergency repairs and bring back
an Ordinance to establish an MSBU/TU for the recovery of funds expended to make the repairs
and an MSTU for the purposes of making future emergency repairs to Blue Sage Drive; and
[19-ATM-00478/1479086/1] ®j
WHEREAS, Blue Sage Drive emergency repairs were completed on June 14, 2018, at a
cost of$8,623.93; and
WHEREAS, it is recommended that a Blue Sage Drive Municipal Service Taxing Unit
(MSTU) is created for the purpose of levying assessments and repaying the County for the repairs
made to the road.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
SECTION ONE: Authority
This Ordinance is adopted pursuant to the provisions of Section 125.01, and Chapter 200,
Florida Statutes, and other applicable provisions of Law.
SECTION TWO: Creation of the Municipal Service Taxing Unit
There is hereby created and established the Blue Sage Drive Municipal Service Taxing
Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service Taxing
Unit and its boundaries are as described on the attached composite Exhibit "A" and Exhibit "B"
that is incorporated by reference.
SECTION THREE: Purpose and Governing Body
The MSTU is created for the purpose of levying assessments and repaying the County for
the repairs made to the road. The governing body of the MSTU shall be the Board of County
Commissioners of Collier County, Florida.
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. 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
of County Commissioners shall fix and cause to be levied on all properties within the MSTU,
subject to taxation, a millage rate not to exceed 3.0 mils per year.
[19-ATM-00478/1479086/1]
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.
SECTION SIX: Duties of the County Manager or His Designee
The duties of the County Manager or his or her designee shall be:
A. To aid and assist the Board of County Commissioners in carrying out the purposes of the
MSTU in accordance with established practices and policies of the Board of County
Commissioners and as set forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized annual
budget of the amount of money required to carry out the business of the MSTU for the next
fiscal year.
C. To provide period written reports to the Board of County Commissioners of the activities
of the MSTU and its finances in accordance with the established guidance provided of the
Board of County Commissioners.
SECTION SEVEN: 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 this 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 EIGHT: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION NINE: Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
[19-ATM-00478/1479086/1]
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida,this b day of r__Nr.-,Ni-xx" , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSOCIIMNZEL, Clerk COLLIER Cir' LORIDA
6u4alp)...
i 1,N.;,1';,;,.. 0,10 OA
' ':,.'"A-!:, , ? Clerk W./tam L. McDaniel, Jr., Ch.firman
I l
Approv 1 • fo' and legality:
,,
Jeffrey A.' at.1 ow, County Attorney
1
This ordinance flied with ti3c
ory of ct ,fe's Office kir:
and ocknowte;,5ernent o __
' in rec ived 01' J '`r. o;
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[19-ATM-00478/1479086/1]
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
September 12, 2019
Ms. Ann Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2019-19, which was filed in this office on September 12,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us