Ordinance 2024-53ORDINANCE NO. 24— 53
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2023-71,
THE PRIVATE ROAD EMERGENCY REPAIR MUNICIPAL SERVICE
TAXING UNIT; PROVIDING FOR THE BOARD OF COUNTY
COMMISSIONERS TO BE THE UNIT'S GOVERNING BODY;
PROVIDING FOR LEVY OF ONE(1)MIL OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING
FOR AN OPT-OUT MECHANISM; PROVIDING FOR DUTIES OF THE
COUNTY MANAGER; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, many roads in the unincorporated portion of Collier County are unpaved,
private roads not maintained by the County, which may become impassable if not maintained; and
WHEREAS,it is imperative that all roads in the County are passable to emergency services
vehicles to protect the public health, safety, and welfare in certain emergencies, such as fires and
floods; and
WHEREAS, there is currently no maintenance mechanism or funding source to pay for
emergency repairs when an emergency vehicle cannot access private roads deemed impassable;
and
WHEREAS, on December 12, 2023 the Board of County Commissioners adopted
Ordinance No. 2023-71, to create a municipal service taxing unit in order to provide a funding
source to enable the County to make emergency repairs to certain private roads deemed
impassable; and
WHEREAS, the Board desires to amend Ordinance No. 2023-71 to include additional
roads in the municipal service taxing unit, and provide an opt-out mechanism.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ordinance 2023-71 is hereby
amended as follows:
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.
Page 1 of 4
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SECTION TWO: Creation of the Municipal Service Taxing Unit.
There is hereby created and established the Private Road Emergency Repair Municipal
Service Taxing Unit, hereinafter referred to as the "MSTU." The property subject to the MSTU
shall-be-all-prepefties-abutting-er-adjeeent-te-the-unpavedpfivate roads identified in Exhibit A,
which have been deemed impassable by the local fire district,the Collier County Sheriff's Office,
or Collier County.The property subject to the MSTU shall be all properties adjacent to an unpaved,
private road in unincorporated Collier County, as identified in Exhibit A. This ordinance is not
intended to apply to private roads within gated communities, or roads maintained by Special
Districts, Community Development Districts, Home Owner Associations, and like entities.
SECTION THREE: Purpose and Governing Body.
The MSTU is created for the purpose of providing emergency repairs to the unpaved,
private roads in Collier County identified in Exhibit A, which where the County is notified by the
local fire districts or the Collier County Sheriff's Office, or Collier County has deemed that such
roads are impassable to emergency vehicles and such disrepair is a danger to the health, safety,
and welfare to of the citizens of Collier County. The roads shall be repaired only to the extent that
they are made passable to emergency vehicles, and shall be maintained to remain passable. Such
repair or maintenance does not designate acceptance of maintenance beyond the purpose stated
herein, nor does it designate an ownership interest in the road by the County.
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 the following September 30. The estimate shall describe the
purpose for which the monies 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 one (1) mil 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.
Page 2 of 4
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SECTION SIX: Opting Out.
Upon application to the County Manager or Designee,the property owners abutting and/or
accessing from an unpaved road may opt out of the tax levied herein upon a finding by the County
Manager that the road is not likely to require maintenance within the next five fiscal years. In
order to opt out, the property owner must show that the road is passable and that there is a
sustainable maintenance plan in place by the property owner or owners on that road. If at a point in
the future the road becomes impassable to emergency vehicles and emergency maintenance is
required by the County, as determined by the County Manager or Designee, those previously
opted-out homes shall become subjected to the tax levied herein beginning the next fiscal year and
continuing the following years.
SECTION SIX SEVEN: Duties of the County Manager or Designee.
The duties of the County Manager or Designee are as follows:
1. To aid and assist the Board 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;
2. To prepare and recommend to the Board an itemized annual budget of the amount of
money required to carry out the business of the MSTU for the next fiscal year; and
3. To provide periodic written reports to the Board of the activities of the MSTU and its
finances in accordance with established guidelines of the Board.
SECTION SLEIGHT: 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 NINE: 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 E-TEN: Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
Page 3 of 4
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this )oi-h day of 0Q QQ k - , 2024.
ATTEST: . BOARD OF COUNTY COMMISSIONERS
Crys s erk COLLIER COUNTY, FLORIDA
uI..
By:
Atte ,, .4, . , , ; eputy Clerk is Hall, Chairman
SignatItl evil l',4''
I f--°
Approve+ .,..
i.
o 1 and legality:
1
Jeffrey A 151 latz, w, County Attorney
This ordinance filed with the
SNretory of julioe 'tie
G day of , GLr %O2
and acknowledgement, rff that
film, reef:ved this ii4 dray
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Page 4 of 4
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EXHIBIT "A"
Collier CountyTRANSPORTATION
f MANAGEMENT SERVICES
Unpaved Private Roads Emergency Repairs MSTU
Street Name Start End Miles
12th Street SE E Delaware Ave Dead End 0.116
14th Street SE E Delaware Ave Dead End 0.120
15th Street SE E Delaware Ave Dead End 0.123
16th Street SE E Delaware Ave Dead End 0.123
28th St SE (paved) 105th Ave SE 111th Ave SE
42nd Ave SE West of...) Everglades Dead End 0.834
5th St S(Immokalee) Breezewood Dr Arden Ave 0.092
8th St S(Immokalee) Doak Ave Dead End 0.113
Acremaker Woodcrest Dr Dead End 0.476
Amity Rd Michel Delong Dead End 0.203
Angela Rd Sanctuary Rd Dead End 0.861
Anhinga Rd Rookery Ln Dead End 0.118
Arden Ave S 5th St SE Dead End 0.198
Beagle Lake Rd Sable Palm Rd Dead End 0.314
Benton Rd Woodland Estates Rd Dead End 1.406
Birdsong Ln Brantley Blvd Dead End 0.238
Botanical Dr Little League Rd Dead End 0.138
Cannon Blvd Krape Rd Dead End 0.253
Chickadee Ln Sanctuary Rd Honeybee Dr 0.251
Christian Terr Ext Christian Terr. W Dead End 0.108
Christian Terr West Christian Terr. Dead End 0.121
Corkscrew Ln Platt Rd Dead End 0.638
Cornerstone Dr Immokalee Rd Dead End 0.467
Crawford Ave Washburn Ave Dead End 0.699
Crews Rd Santa Barbara Blvd Shedden Ln 0.236
Curry Rd Carson Rd Dead End 0.217
Daffodil Ct Lilac Ln Dead End 0.156
Della Dr Brantley Blvd Dead End 0.748
Dillon Ln Little League Rd Dead End 0.105
Doak Ave 8th St S S 9th St 0.086
Dove Tree Street Frangipani Ave Dead End 1.004
Dupree Grade Cty Rd 846 Dead End 1.487
Eagle Island Rd Sanctuary Rd Dead End 0.197
East Delaware Ave 15th St 16th St 0.062
Edwards Grove Rd (paved) SR 82 Dead End
Everly Ave west/east of)Smith Rd Dead End 0.904
Experimental Rd State Rd Dead End 0.217
Fawn Ln Platt Rd Dead End 0.626
Frangipani Ave Tobias Dead End 3.106
Friendship Ln Immokalee Rd Dead End 0.879
Garland Rd Kearney Ave Markley Ave 0.529
Garthie Rd Dupree Grade Dead End 0.152
Cator Slough Ln (private fenced) SR 82 fled End
Gemmer Ln Trafford Farm Rd Dead End 0.117
Guevara Ave SW Smith Rd Dead End 0.266
Hall Rd Lake Trafford Rd Dead End 0.273
Hancock Hammond Rd Brantley Blvd Dead End 0.429
Harmon Terr Lake Gloria Rd Dead End 0.129
High Corner Rd (Lost Ln) Corkscrew Rd Dead End 0.217
Honeybee Dr Chickadee Ln Dead End 0.258
Inez Rd Keane Ave Markley Ave 1.019
visa Ave Smith Rd Dead End 0.190
Ivy Way Frangipani Ave Dead End 1.005
Janes Scenic Dr State Rd 29 Lake Gloria Rd 0.819
1/3
Unpaved Private Roads Emergency Repairs MSTU
Street Name Start End Miles
Jenkins Way Garland Rd Dead End 0.250
Johns Rd Collier Blvd Dead End 0.485
Kam Luck Dr Black Burn Rd Dead End 0.809
Kapok St Frangipani Ave Dead End 0.558
Keane Ave East of Smith Rd (pavement ends) Hancock-Hammond Rd 1.240
Keane Ct Brantley Blvd Dead End 0.237
Kearney Avc (paved) Garland Ave Ocad End
Krape Rd 2160 Krape Rd Dead End 0.523
Laakso Ln (added) Sunnygrove Ave Dead End 0.883
Labrador Ln (added) Sunnygrove Ave Dead End 0.959
Lacewing Ln (added) Sunnygrove Ave Dead End 0.960
Ladybug Ln Sunnygrove Ave Dead End 0.999
Laertes Ln Sunnygrove Ave Dead End 0.940
Lafayette Ln (added) Sunnygrove Ave Dead End 0.958
Lager Ln(added) Sunnygrove Ave Dead End 0.938
Lake Gloria Rd Webb Rd Dead End 0.170
Lambs Ln Benton Rd Dead End 0.192
Le Buffs Rd 4865 Le Buffs Rd Dead End 0.694
Lightner Dr Little League Rd Dead End 0.113
Lilac Ln Platt Rd Sanctuary Rd 1.256
Limpkin Rd Sanctuary Rd (west to...) Dead End 0.753
Little League Rd Dillon Ln Trafford Farm Rd 0.539
Markley Ave Garland Rd Inez Rd 1.030
Mathews St Frangipani Dead End 0.253
Moulder Dr Cannon Blvd Dead End 0.661
Myers Rd Christian Terr Dead End 0.122
Oil Well Grade Rd Oil Well Rd north of) Immokalee Rd 7.062
O'Quinn Rd Hwy 29 Dead End 0.477
Pacific Grade Rd Oil Well Rd Wyatt Ln 1.466
Palm Dr Lake Trafford Rd (north to...) Dead End 0.116
Pantera Ln east&west of) Frienship Ln Dead End 0.525
Peach Place 20th St SE Dead End 0.182
Pioneer Trail Dove Tree St Dead End 0.211
Platt Rd west of) Immokalee Rd east of) Friendship Ln 2.062
Pringle Ln Oil Well Rd Dead End 0.800
Purple Martin Dr west of) Sanctuary Rd N east of) Sanctuary Rd N 0.644
Rabbit Run Rd west of) Immokalee Rd east of) Immokalee Rd 0.675
Red Deer Rd Friendship Ln Dead End 0.262
Red Hawk Ln Sanctuary Rd W Dead End 0.515
Revello St State St Dead End 0.206
Rivers Rd Ramsey St Dead End 0.505
Rock Springs Rd Oil Well Rd Dead End 1.610
Sanctuary Rd Sanctuary Rd W Eagle Island Rd 0.377
Smith Rd Keane Ave Ivisa Ave 0.831
Smith Rd Washburn Ave Keane Ave 0.737
Smith Rd Washburn Ave Dead End 0.561
Stable Way Newman Dr Dead End 0.639
State St 2824 State St Revello St 0.028
Stokes Ave S 5th St(Immokalee)Dead End 0.123
Sugarberry St Frangipani Ave to farm road split 0.740
Sundance St Richards St Grenadine Way 0.228
Sunnygrove Rd(added)Six L's Farn Rd Tomato Rd 1.002
Thomas Farm Rd Cty Rd 846 Dead End 2.494
Thorp Rd Cty Rd 846 farm road split 2.477
Tobias St Frangipani Ave Dove St 1.014
Tomato Rd (added) Sunnygrove Ave North to Dead End 1.017
Trafford Farm Rd Lake Trafford Rd Dead End 0.514
Turnstile Dr Lee Cypress Dr Dead End 0.119
Vireo Ln Little League Rd Little League Rd 0.100
2/3
Unpaved Private Roads Emergency Repairs MSTU
Street Name Start End Miles
Washburn Ave Crawford Ave Dead End 0.968
Webb Rd Lake Gloria Rd Dead End 0.308
Weeks Ter E Delaware Ave Dead End 0.121
Whidden Loop Rd Corkscrew Rd Corkscrew Rd 0.775
Wild Turkey Dr west of) lmmokalee Rd east of) Immokalee Rd 1.163
Woodland Estates Rd 28th St SE Dead End 0.993
Woodland Grade Rd Benton Rd 2275 Woodland Grade Rd 1.171
Total Miles 75.783
Road Removed
Key:
Road Added 11/12/2024 Exhibit A
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
December 12, 2024
Crystal K. Kinzel
Clerk of Court
Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Crystal Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 24-53, which was filed in this office on December 12,
2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270