Agenda 10/25/2022 Item #16A13 (Executive Summary - To amend the Rock Road MSTU geographic boundaries to remove two hundred properties that no longer derive any benefit from the MSTU)10/25/2022
EXECUTIVE SUMMARY
Recommendation that the Board direct the County Attorney to advertise and bring back for a public
hearing an Ordinance amending Collier County Ordinance No. 2006-56, the Rock Road Improvement
Municipal Service Taxing Unit (MSTU), to amend the geographical boundaries of the MSTU to remove
properties that have been subdivided and developed into a residential community and no longer derive benefit
from the MSTU.
OBJECTIVE: To amend the Rock Road MSTU geographic boundaries to remove two hundred properties that no
longer derive any benefit from the MSTU.
CONSIDERATIONS: Rock Road Improvement Municipal Service Taxing Unit, providing a means to maintain
the roadways and other facilities such as drainage, sidewalks and street lighting, within the defined boundaries. One
of the large properties along the western boundaries of the Rock Road MSTU was approved as a Planned Unit
Development (PUD) and portions were recently subdivided into two hundred plated properties which no longer have
access to Rock Road. The access to this new development is now via Immokalee Road and access to Rock Road has
been blocked. Because those parcels no longer benefit from Rock Road MSTU, staff is requesting that the Board
revise the geographical boundaries of the MSTU and to remove those affected properties from the MSTU.
A copy of the Ordinance amendment with new boundary is attached for the Board’s consideration.
FISCAL IMPACT: FY 23 ad valorem revenue for Rock Road MSTU Fund 165 is budgeted at $46,000. At the
current millage rate of 1.3413 the reduction in taxable value resulting from the change discussed herein will result in
a decrease in revenue of $23,000. The operational budget impact of the reduction will be evaluated during the FY 24
budget cycle.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board direct the County attorney to advertise and bring back for a public hearing
an ordinance amending Collier County Ordinance No. 2006-56, the Rock Road Improvement Municipal Service
Taxing Unit (MSTU), to amend the geographical boundaries of the MSTU to remove properties that no longer derive
benefit from the MSTU’s stated purpose.
PREPARED BY: Harry Sells, MSTU Project Manager, PTNE Division
ATTACHMENT(S)
1. Ordinance Amend Rock Road MSTU 9.15.22 (PDF)
16.A.13
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10/25/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 23395
Item Summary: Recommendation that the Board direct the County Attorney to advertise and bring back for a
public hearing an Ordinance amending Collier County Ordinance No. 2006-56, the Rock Road Improvement
Municipal Service Taxing Unit (MSTU), to amend the geographical boundaries of the MSTU to remove properties
that have been subdivided and developed into a residential community and no longer derive benefit from the
MSTU.
Meeting Date: 10/25/2022
Prepared by:
Title: Project Manager – Public Transit & Neighborhood Enhancement
Name: Harry Sells
09/16/2022 9:36 AM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
09/16/2022 9:36 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Growth Management Department Completed 09/16/2022 10:37 AM
Public Transit & Neighborhood Enhancement Michelle Arnold Director Review Completed
09/19/2022 4:58 PM
Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed
09/21/2022 10:13 AM
Growth Management Department Harry Sells Growth Management Skipped 09/16/2022 9:32 AM
Growth Management Department Trinity Scott Transportation Completed 09/22/2022 5:14 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/23/2022 8:56 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/30/2022 11:48 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 10/13/2022 1:06 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 10/19/2022 3:56 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/25/2022 9:00 AM
16.A.13
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ORDINANCE NO. 2022 - _______
AN ORDINANCE AMENDING ORDINANCE NO. 2006-56, AS AMENDED,
THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING
UNIT, BY AMENDING THE BOUNDARIES OF THE DISTRICT TO
REMOVE THOSE PROPERTIES THAT NO LONGER BENEFIT FROM
THIS MSTU; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 28, 2006, the Board of County Commissioners adopted
Ordinance No. 2006-56, establishing the Rock Road Improvement Municipal Service Taxing
Unit (the "MSTU"), which Ordinance was amended by Ordinance Nos. 2011-22, 2017-09, and
2020-49; and
WHEREAS, the Board of County Commissioners as the governing body of the MSTU
directed staff to advertise an amendment to Ordinance No. 2006-56 to amend the geographical
boundaries of the MSTU to remove those property owners that no longer have access to nor
otherwise derive any benefit from the MSTU's stated purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Section Two, Creation of the Municipal Service Taxing Unit of Collier
County Ordinance No. 2006-56, is hereby amended to read as follows:
There is hereby created and established the Rock Road Improvement 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-2” which is
incorporated by reference.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
16.A.13.a
Packet Pg. 623 Attachment: Ordinance Amend Rock Road MSTU 9.15.22 (23395 : Request to Advertise Rock Road MSTU Ordinance Modification)
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separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: 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
Ordinance of Collier County, Florida. The sections of the Ordinances 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 FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _______ day of _______________________, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL OF COLLIER COUNTY FLORIDA
Clerk of Courts & Comptroller
BY: ___________________________ BY: ______________________________
William L. McDaniel Jr., Chairman
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
16.A.13.a
Packet Pg. 624 Attachment: Ordinance Amend Rock Road MSTU 9.15.22 (23395 : Request to Advertise Rock Road MSTU Ordinance Modification)
16.A.13.aPacket Pg. 625Attachment: Ordinance Amend Rock Road MSTU 9.15.22 (23395 : Request to Advertise Rock Road MSTU Ordinance Modification)
16.A.13.aPacket Pg. 626Attachment: Ordinance Amend Rock Road MSTU 9.15.22 (23395 : Request to Advertise Rock Road MSTU Ordinance Modification)