Backup Documents 12/10/2024 Item # 9D 9D
Yanirda Fernandez
From: Legal Notice
Sent: Monday, October 14, 2024 11:09 AM
To: RodriguezWanda; Legal Notice
Cc: Brian Wells; ScottTrinity; MarcellaJeanne; KlatzkowJeff
Subject: RE: request for legal advertising -11/12/24 BCC - Unpaved Roads MSTU ordinance
amendment
Good morning,
Received and thank you!
Ward tgreme d
k BMR & VAB Deputy Clerk
Office: 239-252-1029
Fax: 230-252-8408
Yanirda.fernandez@collierclerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail East, Suite#401
Naples, FL 34112-5746
www.CollierClerk.com
From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>
Sent: Monday, October 14, 2024 10:32 AM
To: Legal Notice<legalnotice@collierclerk.com>
Cc: Brian Wells<Brian.Wells@colliercountyfl.gov>; ScottTrinity<Trinity.Scott@colliercountyfl.gov>; MarcellaJeanne
<Jeanne.Marcella@colliercountyfl.gov>; KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>
Subject: request for legal advertising-11/12/24 BCC- Unpaved Roads MSTU ordinance amendment
M&R,
This ad request is submitted on behalf of PTNE division. Please publish the attached legal ad and
business impact estimate on the legal notice website commencing on Wednesday October 23rd,
through the meeting date of November 12th. Staff approval is below, and the proposed ordinance is
attached. Please acknowledge receipt.
Wanda Rodriguez, ACT, CPM
Office of the County .attorney
(239) 252-8400
i
9D
LERTIF/FO o, +, `► _l
AC P w rAwER ■■■COUNTY
SINCE
.411.4111.
From: Brian Wells<Brian.Wells@colliercountyfl.gov>
Sent: Friday, October 11,2024 4:57 PM
To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>;Trinity Scott<Trinity.ScottCa@colliercountyfl.gov>
Cc:Jeanne Marcella <Jeanne.Marcella@colliercountyfl.gov>;Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov>
Subject: RE: Unpaved Roads MSTU - legal ad and BIE
Wanda,
I have reviewed the document and ask that we proceed with publication and adding the item to the 11/12/2024
BCC meeting.
Sincerely,
Brian Wells
Brian Wells
Division Director - Public Transit & Neighborhood Enhancement
Public Transit & Neighborhood Enhancement `74
Office:239-252-5841 Collier Ccaun
8300 Radio Rd x Q C
Naples, FL 34104
Brian.Wells(ir)colliercountyfl.gov
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SKIP THE MAP GET THE APP! c°"' U")•.
PTNE
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transits t,4,t4i.
tDItIP4 tArA tAtMS t wit?:Tomo'A
Download this Transit app to view 4RIGKSOHCOD n141.4C91E41
rideCAT.com routes,plan trips.and purchase passes.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
9D
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
commencing at 9:00 a.m.on November 12,2024,in the Board of County Commissioners meeting room,third floor,
Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider:
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.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item.Written materials intended to be considered
by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing.All
materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide
public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events
on the County website at www.colliercountvfl.gov/our-county/visitors/calendar-of-events after the agenda is posted
on the County website.Registration should be done in advance of the public meeting or any deadline specified within
the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's
risk. The County is not responsible for technical issues. For additional information about the meeting, please call
Geoffrey Willig at 252-8369 or email to Geoffrev.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356, (239)252-8380, at
least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of
County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
CHRIS HALL,CHAIRMAN
9
GALL/�4.
r
0IJ
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County's website by the time notice of
the proposed ordinance is published.
Published on County website by: 10/23/24 [expected legal advertising date]
Proposed ordinance's Short Title:
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.
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means the County is of the view
that a business impact estimate is not required by state law' for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits, as those terms are defined in
Section 163.3164, and development agreements, as authorized by the Florida
Local Government Development Agreement Act under Sections 163-3220-
163.3243;
b. Comprehensive Plan amendments and land development regulation
amendments initiated by application by a private party other than Collier
County;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
1 See Section 125.66(3)(c), Florida Statutes.
1
9D
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
This ordinance is proposed to add unpaved private roads in Collier County into a
Municipal Service Taxing Unit. The County is to be notified by the local fire districts,
or the Collier Sheriffs Office, that such roads are impassible to emergency vehicles
and such disrepair is a danger to the health, safety, and welfare 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 and ownership interest in the road by
the County.
Property owners 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, Homeowner Associations,
and the like.
The governing body of the MSTU shall be the Board of County Commissioners of
Collier County, Florida.
For the purposes 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 through 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.
Private businesses that are located and/or reside within and utilize the private
roads in the MSTU will bear a portion of the tax collected.
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9D
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County's regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
This amendment to create the Unpaved Private Road Emergency Repair MSTU
created no direct economic impact on any business located within the MSTU. The
projected millage rate for homeowners and business owners who benefit from
using the repaired to passable condition roads would be .1000 for the year 2026.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
N/A.
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: County staff solicited comments from businesses in the County
as to the potential impact of the proposed ordinance by contacting the chamber of commerce,
social media posting, direct mail or direct email, posting on County website, public workshop, etc.
You may also wish to include efforts made to reduce the potential fiscal impact on businesses.
You may also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated(individuals as well as businesses) and, therefore, the
proposed ordinance does not affect only businesses.]
The proposed ordinance amendment affects all property owners, not just
businesses, that benefit from the repaired to passable condition roads.
3
9D
ORDINANCE NO. 24—
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
Words underlined are added; Words st lk4hfough are deleted.
9D
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 properties abutting or adjacent to the unpaved, private roads identified in Exhibit A,
which have been deemed impassable by the local fire district,the Collier County Sheriffs 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 Sheriffs 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
Words underlined are added;Words strut ough are deleted.
9D
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 SIB--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 SEVEN-EIGHT: 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 NINE-TEN: Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
Page 3 of 4
Words underlined are added;Words str-uck--tk-otigli are deleted.
9D
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Chris Hall, Chairman
Approvila tp orria and legality:
f v\-
Jeffrey A I<.latzkiw, County Attorney
'. i
Page 4 of 4
Words underlined are added; Words struck through are deleted.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
9D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Office JAK 12/10/24
3. BCC Office Board of County
Commissioners al 47,rrj/5/ l Z'►2
4. Minutes and Records Clerk of Courts r 4t Z
5.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Wanda.Rodriguez@colliercountyfl.gov Phone Number 252-8123
Contact/Department Office of the County Attorney
Agenda Date Item was 12/10/24 Agenda Item Number 9D
Approved by the BCC
Type of Document(s) Ordinance—amending Ord.23-71,the Number of Original one
Attached Private Road Emergency Repair MSTU Documents Attached
PO number or account N/A
number if document is
to be recorded • ZO Zy 53
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature(instead of stamp)? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by JAK
the Chairman,with the exception of most letters,must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board.
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. Some documents are time sensitive and require forwarding to Tallahassee within a
certain time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC and all changes made during the meeting JAK N/A is not
have been incorporated in the attached document. The County Attorney Office has an option for
reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the J N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21
9D
ORDINANCE 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
Words underlined are added;Words struck through are deleted.
90
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
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
Words underlined are added;Words struck through are deleted.
9D
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 mil-EIGHT: 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 NINE-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 )bki'hday of t D Q , 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crys YiA 'xlerk COLLIER COUNTY, FLORIDA
BY7--= ,,, By:
„ ...
Atte , eputy Clerk ekdgak Hall, Chairman
signa#ur t+ ►y,4S'''Y'''
Approve a - or + and legality:
1A
t 'Mita a.
Jeffrey A I latz« w, County Attorney
111
This ordinance fii4d with the
Se retti ry of �'ckL rie,,�pf�ne�
clay of , 1
and acknowledgement,Fsf that
film_ rece'ved this ii..L.LLL day
of t.' _ i. f 1 .
By !1li r#
Dot„..,,,e'er
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EXHIBIT "A"
(7)‘‘'' Collier County
TRANSPORTATION
�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
Gator Slough Ln (private fenced) SR 82 Dead End -
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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 Ave(paved) Carland Ave Dead 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 (visa 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
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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) Immokalee 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
Key:
Road Added 11/12/2024 Exhibit A
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444- 21449'-
i ;
z
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