Agenda 12/13/2022 Item #17F (Amend Rock Road MTSU)12/13/2022
EXECUTIVE SUMMARY
Recommendation that the Board approve 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 properties that no longer derive
any benefit from the MSTU.
CONSIDERATIONS: On November 28, 2006, the Board of County Commissioners adopted Ordinance 2006-56,
establishing the 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 platted 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.
Based on the 2021 taxable value of the Rock Road MSTU, the proposed amendment to the Ordinance to remove the
two hundred parcels will result in a tax revenue loss of approximately $23,018. After the amendment is in place the
revenue generated by the existing millage may not be sufficient to support ongoing funding requirements to maintain
the approximately 5.0 miles of lime rock roads in the Unit/District. For that reason staff may need to recommend
future upward adjustments to the millage rate.
Permission to advertise this Ordinance Modification was given by the Board on October 25, 2022.
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 approve 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 (PDF)
2. legal ad - agenda ID 23793 (PDF)
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12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.F
Doc ID: 23793
Item Summary: Recommendation that the Board approve 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: 12/13/2022
Prepared by:
Title: Project Manager – Public Transit & Neighborhood Enhancement
Name: Harry Sells
11/02/2022 8:27 AM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
11/02/2022 8:27 AM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed
11/02/2022 8:47 AM
Public Transit & Neighborhood Enhancement Michelle Arnold Director Review Completed
11/04/2022 8:14 AM
Growth Management Department Jeanne Marcella Transportation Management Services Department Completed
11/04/2022 10:16 AM
Growth Management Department Trinity Scott Transportation Completed 11/14/2022 12:11 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/14/2022 12:19 PM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 11/21/2022 12:57 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/21/2022 4:40 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/05/2022 10:39 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
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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
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Packet Pg. 2816 Attachment: Ordinance Amend Rock Road MSTU (23793 : Rock Road MSTU Ordinance Modification)
2
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
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Packet Pg. 2817 Attachment: Ordinance Amend Rock Road MSTU (23793 : Rock Road MSTU Ordinance Modification)
17.F.1Packet Pg. 2818Attachment: Ordinance Amend Rock Road MSTU (23793 : Rock Road MSTU Ordinance Modification)
17.F.1Packet Pg. 2819Attachment: Ordinance Amend Rock Road MSTU (23793 : Rock Road MSTU Ordinance Modification)
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Packet Pg. 2820 Attachment: legal ad - agenda ID 23793 (23793 : Rock Road MSTU Ordinance Modification)