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Agenda 07/11/2023 Item #16B 1 (Advertise the Rock Road Improvement MSTU)16.B.1 07/ 11 /2023 EXECUTIVE SUMMARY Recommendation that the Board approve a request to advertise a proposed amendment to Collier County Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit (MSTU), to create an advisory committee to provide input to County staff on matters related to the MSTU. OBJECTIVE: To allow citizens to provide input and guidance to County staff on matters related to the MSTU. CONSIDERATION: On November 28, 2006, (Agenda Item 813), the Board of County Commissioners (Board) adopted Ordinance 2006-56, establishing the Rock Road Improvement Municipal Service Taxing Unit (MSTU), providing a means to maintain the roadways and other facilities such as drainage, sidewalks, and street lighting, within the defined boundaries. On June 14, 2011, (Agenda Item 17F), the Board adopted Ordinance 2011-22, which modified Ordinance 2006-56, and added a three -person Advisory Committee primarily due to increased interest in paving a portion of Rock Road. On March 28, 2017, (Agenda Item 17B1), the Board adopted Ordinance 2017-09, which modified Ordinance 2006- 56, by dissolution of the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee. The northern one mile of Rock Road had been paved, and no additional money was available for future projects until the improvement loan was satisfied. Two of the three Advisory Committee positions had remained open for some time. Staff has held two town hall meetings during the past year to discuss relevant issues with the citizens using Rock Road and adjacent roadways. The creation of an advisory committee is recommended to improve communication between the property owners within the MSTU and staff. An advisory committee can better communicate recommendations for future projects within the MSTU. Staff recommends the attached proposed amendment to the ordinance, which includes the creation of an advisory committee. The proposed five -member advisory committee would meet quarterly to help set the work program within the MSTU. FISCAL IMPACT: The approximate cost to advertise the proposed amendment is $600. Funding is available within the Rock Road MSTU Fund (1632). LEGAL CONSIDERATIONS: The item is approved as to form and legality and requires majority vote for Board approval. - RTT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board approve a request to advertise a proposed amendment to Collier County Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit (MSTU), and to create an advisory committee to provide input to county staff on matters related to the MSTU. Prepared By: Judith Sizensky, MSTU Project Manager, Public Transit & Neighborhood Enhancement Division ATTACHMENT(S) 1. Rock Road MSTU Ordinance Mod 2023- (PDF) Packet Pg. 277 16.B.1 07/ 11 /2023 2. Fully Executed Ordinance 2017-09 (PDF) 3. Fully Executed Ordinance 2011-22 (PDF) 4. Rock Road Ordinance 2006-56 (PDF) Packet Pg. 278 16.B.1 07/11/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.1 Doe ID: 25729 Item Summary: Recommendation that the Board approve a request to advertise a proposed amendment to Collier County Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit (MSTU), to create an advisory committee to provide input to County staff on matters related to the MSTU. Meeting Date: 07/11/2023 Prepared by: Title: — Public Transit & Neighborhood Enhancement Name: Judy Sizensky 06/06/2023 1:40 PM Submitted by: Title: — Public Transit & Neighborhood Enhancement Name: Brian Wells 06/06/2023 1:40 PM Approved By: Review: Emergency Management Caroline Blevins Additional Reviewer Transportation Management Services Department Jeanne Marcella Department Transportation Management Operations Support Tara Castillo Public Transit & Neighborhood Enhancement Brian Wells County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Transportation Management Services Department Trinity Scott Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Christopher Johnson Additional Reviewer Amanda Barnwell Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 06/06/2023 2:18 PM Transportation Management Services Completed 06/07/2023 1:13 PM Additional Reviewer Completed 06/08/2023 2:32 PM Director Review Completed 06/12/2023 3:34 PM Completed 06/12/2023 3:48 PM Transportation Completed 06/23/2023 2:14 PM Completed 06/23/2023 3:46 PM Completed 06/29/2023 1:58 PM Completed 07/03/2023 7:27 AM Completed 07/05/2023 11:15 AM 07/11/2023 9:00 AM Packet Pg. 279 16.B.1.a ORDINANCE NO. 2023- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2006-56 (THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT); PROVIDING FOR A SECTION CREATING THE ROCK ROAD IMPROVEMENT ADVISORY COMMITTEE, APPOINTMENT AND COMPOSITION; PROVIDING FORTHE TERMS OF OFFICE OF 'rHE ADVISORY COMMITTEE; AND PROVIDING FOR OFFICERS OF THE ADVISORY COMMITTEE, QUORUM AND RULES OF PROCEDURE; PROVIDING FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 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; and WHEREAS, on June 14, 2011, the Board of County Commissioners (Board) subsequently amended Ordinance No. 2006-56 through its adoption of Ordinance 2011-22 which revised the geographical boundaries of the MSTU and created an advisory committee to review and recommend work programs and priorities to accomplish the MSTU's purpose; and WHEREAS, on March 28, 2017, the Board amended Ordinance No. 2006-56 through its adoption of Ordinance 2017-09 which dissolved the Rock Road Improvement MSTU advisory committee after the priority to pave the northern mile of Rock Road was accomplished; and WHEREAS, the residents of the Rock Road MSTU believe there are other priorities to address and at a public meeting on February 8, 2023, reached a consensus to request the Board establish a new advisory committee to continue review and recommendations of work programs and priorities to accomplish the MSTU's purpose. NOW, 'THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that., SECTION ONE; Creation of the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee, Appointment and Composition. Page I of 4 Packet Pg. 280 16.B.1.a A. There is hereby created and established the RockRoadImprovement Municipal Service Taxing Unit Advisory Committee, hereinafter referred to as "Committee." B. The Committee shall consist of five 5 members which generally 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. Three members shall be permanent residents within the MSTU and electors of Collier County. Two members may be owners of residential or commercial property within the MSTU or an appointed representative of a business located within the MSTU and an elector of Collier County. An owner of residential or commercial property ert may be an individual an officer of a corporation, or a partner of a partnership. The Board of Count 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 withOLIt compensation, SECTION TWO: Terms of Office of the Committee. The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a tern of two (2) years. B. Three (3) members shall be appointed for a term of three (3) years, Thereafter, each appointment or reappointment shall be for a term of three 3 ears. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office, SECTION THREE: Officers of the 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. Officers' terms shall be for one 1 ear, 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. Page 2 of 4 ram; Packet Pg. 281 16.B.1.a 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. Committee members 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 FOUR: Functions, Poivet-s and Duties of the 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. 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" of each year, meet with the County Manager or his designee and outline to the Cou€Zy Manager or his designees those projects which the Committee wishes to see accom lisped 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_prepa€ration of budgets. This proposed budget shall then be reviewed by the Committee and moon approval by the Committee be transmitted through the County Manager or his designee to the Board of County Commissioners for ado tion in accordance with the procedures for the adoption of budgets set forth under general law and the Board of Count Commissioners' policy. Should the Committee fail to approve the budget by June I" of each ear 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 pELorities.. to the Count Manager or his designee in accordance with the adopted budget „or budget amendment which may be ado ted b the Board of Count Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Manager or his designee. Work may be performed under contract (in accordance with law) or by County staff. Page 3 of 4 0 0 W 0 d d E E 0 c� 0 N a e� 0 m O 0 2 0 N I- LO A N O N 0 m c cc c L 0 0 0 tr 0 _ as E s U 2 a Packet Pg. 282 16.B.1.a D. The Committee may adopt and arnend "Guidelines" to govern its operation and the operation of the MSTU, subject to approval by the Board of County Commissioners. SECTION FIVE: 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 SIX: 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 SEVEN: Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2023. ATTEST: Crystal K. Kinzel, Clerk of Courts And Comptroller Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman Ronald T. Tomasko, Assistant County Attorney Page 4 of 4 a ��r n okll Packet Pg. 283 16.B.1.b ORDINANCE NO.2017- 09 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2006-56, AS AMENDED, WHICH CREATED THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT, BY DISSOLVING THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 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 (MSTU); and WHEREAS, the Board of County Commissioners (Board) subsequently amended Ordinance No. 2006-56 through its adoption of Ordinance No. 2011-22 which revised the geographical boundaries of the MSTU and created an advisory committee to review and recommend work programs and priorities to accomplish the MSTUs purpose; and WHEREAS, the priority of the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee was the paving of the most often used, northern section of Rock Road, which was accomplished in 2015; and WHEREAS, with this objective met, staff recommends dissolving the Advisory Committee and removing all references to the Advisory Committee from the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: Dissolution of the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee. Except for Section One, which amended the boundaries of the MSTU, Ordinance No. 2011-22 is hereby repealed, and the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee is hereby dissolved. 1 Packet Pg. 284 16.B.1.b 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 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 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 FOUR: Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida thisZ�- clay of �1 �,, 2017. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS o OF COLLIE$.COUNTY, FLORIDA rl- By: By:� eputy Clerk Penny Tay A st' R Chairman s G7 and legality Jeffrey A. �la&Av, County Attorney T N N c ra c 'man 0 a� This ordinance filed with th, x ry of ate's Office th, w YI and acknowledgem t a1 U- fifi raceiv d th- -J � r of By — E 1v Clark V f� a+ a 2 Packet Pg. 285 16.B.1.b t� qy3 �Ltl ,tr s a Ak, - 6 i C SIV FLORIDA DEPARTMENT 0 STATE RICK SCOTT Governor March 30, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann P. Jennejohn, Deputy Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2017-09, which was filed in this office on March 30, 2017. 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 Packet Pg. 286 ORDINANCE NO.2011- 2 2 N ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2006-56, (TIDE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION TWO, CREATION OF THE MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR A SECTION CREATING THE ROCK ROAV z IMPROVEMENT ADVISORY COMMITTEE, APPOINTMENT ArW -" COMPOSITION; PROVIDING FOR THE TERMS OF OFFICE dF THE ADVISORY COMMITTEE; AND PROVIDING FOR OFFICE :�c OF THE ADVISORY COMMITTEE, QUORUM AND RULES W PROCEDURE; PROVIDING FUNCTIONS, POWERS AND DUT)iE$, OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLI-T = AND SEVERABIIdTY; PROVIDING FOR INCLUSION IN T ? CODE OF LAWS AND ORDINANCES; AND PROVIDING F 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; and WHEREAS, the Board of County Commissioners is the governing body of the Rock Road Improvement Municipal Service Taxing Unit (the "MSTU") and directed staff to advertise an amendment to Ordinance No. 2006-56 to: (1) 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 and to include all property owners within the MSTU's amended geographical boundaries; and (2) create an advisory committee that will meet semi-annually to work with County Staff to review and recommend work programs and priorities to accomplish the MSTU's purpose; and WHEREAS, on June 14, 2011, the Board of County Commissioners as the governing body of the MSTU approved this amendment to Ordinance No. 2006-56. l Underlined words are added; Struck Through words are deleted. 16.B.1.c Packet Pg. 287 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMIVIISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 2006-56 is hereby amended to read as follows: 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: SECTION TWO. Creation of the Municipal Service Taxing Unit 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 "tom "A-1: ' which thm is incorporated by reference. The following properties, which were previously located within the MSTU's boundaries. are expressly identified as outside of the amended boundaries of the MSTU as stated in Exhibit A-1: Folio Numbers: 00211960007 00211240002 Section Two. Creation of the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee. Appointment and Composition A. There is hereby created and established the Rock Road Improvement Municipal Service Taxing Unit Advisory Committee hereinafter referred to as the "Committee " B. The Committee shall consist of three (3) members who generally represent the area within the MSTU Members of the Committee shall be appointed by and serve at the plMare of the Board of County Commissioners Two members shall be permanent residents within the MSTU and electors of Collier County One member maybe an owner of residential or commercial property within the MSTU or an appointed representative of a business located within the MSTU and an elector of Collier Coun An owner of residential or commercial r�Y may be an individual. an officer of a corporation, or a partner of a p@glership The 2 Underlined words are added; Struck Through words are deleted. Packet Pg. 288 Board of County Commissioners shall consider appointment of members from different parcels, subdivisions and/or the communities within the MSTU. C. Anvointment of the members to the Committee shall be by resolution of the Board of ~ 2 County Commissioners which resolution shall set forth the date ofAppqiMent and the c term of office. W Y D. Members of the Committee hall serve without compensation. W SccWa Three. 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. One (1) member shall be appointed for a term of three (3 ) years Thereafter each appointment or reappointment shall be for a term of three ( agars r E E 0 L 0 > Y Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. c E L O Section Four. Officers of the Advisory Committee, Oaorum and Ruks of Procedure. o A. At its earliest o portunitY the membership of the Committee -ball elect a chairman N and vice chairman from among its members Officer's terms shall be for one (11 N year, with eligibility for re-election. N B. The presence of two (2) or more members shall constitute a quorum of the 0 Committee necessary to take action and transact business N C. The Committee shall be governed by the most current ition of Roberts Rules of c E �r for the transaction of business shall keep a written record of the m nQQ 0 reports and exhibits. and other documentation for preservation by the County+ staff D. Committee member attendance requirements including failure to attend meetings x member removal from office are governed by Ordinance No 2001 55 as rt may be amended or by its successor ordinance.w c a� E U 3 f° , Q Unj1primed words are added; Struck Vug words are deleted. Packet Pg. 289 Section Five. Functions. Awers and Duties of the Advisory Committee. The functions. rowers and duties of the Committee shall be as follows A. To aid and assist the Board of County Commissioners in carrying out the purpose of the MSTU as set forth in this Ordinance B. The Committee shall meet semi-annuallyto review and recommend work ro a and Priorities to the County Manager or his designee in accordance with the adopted budget Or budget amendments which maybe adopted by the Board of County Commissioners The execution of work Mmms 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 law) or by Comp-q forces C. The Committee may adopt and amend " .u;dgl; es" to govern the ope�r lion of the MSTU, sect to approval by the Board of County Commissioners Section Six: Conflict and Severabilitv In the event this Ordinance conflicts with any other. Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. motion Seven: Incluaiou 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 Eight: Effective Date This Ordinance shall be effective upon filing with the Florida Department of state. 4 Underlined rds are added; Struck Through words are deleted. Packet Pg. 290 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 14"' day of June, 2011. AM B9 Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: (A). FRED W. COYLE, CH Approved as to form and Leg Scott R. Teach Deputy County Attorney 5 Und--. ��d words are added; Struck Unu h words are deleted. Packet Pg. 291 1 16.B.1.c EXHIBIT A-1 PAGE 2 OF 3 GEOGRAPHIC BOUNDARIES: The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT shall comprise all that land located in Collier County, Florida and specifically described as: The North half of Section 32, Township 48 South, Range 27 East, Collier County, Florida; And; All of Section 29, Township 48 South, Range 27 East, Collier County, Florida; Less the following described parcels: The East One Hundred (100) feet of the West 360 feet of the North One Half of the North West Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the North 179.18 feet previously dedicated for road right-of-way. The East One Hundred (100) feet of the West 660 feet of the North One Half of the North West Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the North 179.18 feet previously dedicated for road right-of-way. The North One Half of the North West Quarter of the North East Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the West 660 feet and less the North 179.18 feet previously dedicated for road right-of-way. The East One Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the South Thirty (30) feet thereof. The Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida, less the South Thirty (30) feet thereof and less the East Thirty (30) feet thereof. The West 400 feet of the East 660 feet of the North Half of the Northeast Quarter of the Northeast Quarter of Section 29, Township 48 South, Range 27 East, Collier County, Florida. The East One Hundred feet of the West 660 feet of the Northwest quarter of the Northeast quarter of the Northeast quarter of Section 29, Township 48 South, Range 27 East, Collier County, FL less the North 100 feet thereof. Containing therein 905.61 acres, more or less. EXHIBIT A-1 PAGE 2 OF 3 Packet Pg. 293 16.B.1.c 00211960007 00211240002 00212200009 00211720001 00211200000 00212720000 00219720003 00222280608 00219840006 00219760005 00210920006 00222280501 00221080003 00220640004 00220360009 00222280103 00222280307 00214000003 00214160008 00213960005 00220240006 00221200003 00221360008 00220680006 00220720005 00221320006 00211040008 00212920004 00211080000 EXHIBIT A-1 PAGE 3 OF 3 PARCEL FOLIO NUMBERS REMOVED FROM BOUNDARY: PARCEL FOLIO NUMBERS ADDED TO BOUNDARY: EXHIBIT A-1 PAGE 3 OF 3 Packet Pg. 294 16.B.1.c 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 2011-22 Which was adopted by the Board of County Commissioners on the 14th day of June, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of June, 2011. DWIGHT E . BROCK Clerk of Courtg'44A�Rik Ex -of ficio t-'62 bc-T" 'of County ComP'i"#iao_-rs . '. By Deputy Clerk -,,:V' -,° Packet Pg. 295 1213 74i7Ice N lawED, ORDINANCE NO.2006- 56 P111INANCE CREATING THE ROCK ROAD IMPROVEMENT MUNICIPAL DICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED THREE (3) 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, that portion of Rock Road between Immokalee Road and Shady Lane, hereinafter referred to as "Rock Road," is currently a private roadway and not maintained by the County; and WHEREAS, the County has received inquiries from the property owners adjacent to Rock Road relating to the improvement and maintenance of this portion of Rock Road and connecting side roads; and WHEREAS, the responsibility for the maintenance of Rock Road lies with no one entity or individual, but rather falls to the individual property owners; and WHEREAS, the Board of County Commissioners has determined that the best method for funding the installation and maintenance of improvements within the area known as Rock Road is by the creation of the Rock Road Improvement Municipal Service Taxing Unit for purposes of levying taxes and funding necessary road improvements and maintenance in that area. -3 m NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF OOUNTY • d COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authority r 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 Rock Road Improvement Municipal Service Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service Taking Unit and its boundaries are as described on the attached composite Exhibit A" that is incorporated by reference. 16.B.1.d N r Ln N U2 W 0 0 N N U C M 'v R 0 Y U O Q' d E s U R Q Page 1 of 4 Packet Pg. 296 16.B.1.d SECTION THREE. Purpose and Governing Body The MSTU is created for the purpose of providing and maintaining roadway improvements, which may include attendant facilities, such as drainage, sidewalks and street lighting. 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 three (3) 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. SECTION SIX. Duties of the County Manager or His Designee The duties of the County Manager or his 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 periodic written reports to 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. SECTION SEVEN. Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other Page 2 of 4 Packet Pg. 297 16.B.1.d 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this A W day of November, 2006. ATTEST: DWIGHT E. BROCK, Clerk ram 6 Approve as to . * legal sufficiency's Scott R. Teach, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: •.,�� FRANK HALAS, CHAIRMAN Q This ordinance filed with the �yr�@t� St� ate `� Office the TTand,, �'acknowledgern tt j�f that fil' �g received this day o By - uN ark Page 3 of 4 Packet Pg. 298 16.B.1.d GEOGRAPHIC BOUNDARIES: The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT shall comprise all that land located in Collier County, Florida, and specifically described as: The Northeast 1/4 of Section 32; The Northeast 1/4 of the Northwest 1/4 of Section 32; The North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 32; The Southeast 1/4 of the Southeast 1/4 of Northwest 1/4 of Section 32; The Southeast 1/4 of Section 29; The Southwest 1/4 of the Northeast 1/4 of Section 29; The Southeast 1/4 of the Northeast 1/4 of Section 29; The South 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 29; The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 29; The West 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; The West 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; The East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; East 100 feet of West 660 feet of the North 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 29; East 160 feet of the Northeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; The East 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; all in Township 48 South, Range 27 East. Q Exhibit "A" Page 4 of 4 Packet Pg. 299 16.B.1.d T, i --- ----=- --- — _ --�_ _L L immo o If o. N0 N2A1 � --# -I - I _�_.�, I ",i-_1 t_,{ ! �. '-� I�+t•�•�.'-fit+7�-,•t_"i`.�� i!�-ft I � � t 1�7�� Iiii,sill i}ls it CYPR �I I -4-1 illill III �i �; 1- 4 O :- I—'— -- DEERR ROCK ROAD MSTU BOUNDARY 0. ----' -..--t _-- -- I' DEERRUNL �._.—t__ ��._ i_.'^—•'��- ..�.r— __ Ylli'' I 1 I i f 1 T N `•T '"? 1�j iI �I— Lo Lo CD 'i ,i.l ►—_.—�—'__i--}_ I �-I I I•� � i,! i I � i I I IIII I � N 1 -i--1•.J. 1 i "; "i"�ji.�—i-1 j1 _I �'�I� �� I � � C c t=t l} rt=JtT4-- ll�;ll;' ROCK ROAD MSTU BO UNDARY MAP ;-.;4-,— ----- -- —i 4 i..i , } Packet Pg. 300 16.B.1.d 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 2006-56 Which was adopted by the Board of County Commissioners on the 28th day of November, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of December, 2006. DWIGHT E. BROCK Clerk of Courts and Cierk Ex-officio to Board of County Commissioners 111W , 10 E By: Ann Jennejoh , Deputy Clerk Packet Pg. 301