Ordinance 2009-39
ORDINANCE NO. 2009--lL
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 92-40, WHICH CREATED THE
IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT IN COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE EXPANSION OF THE UNIT
BOUNDARIES TO ADD APPROXIMATELY 16,982 +/-
ACRES; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES, CONFLICT AND
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners, on October 25, 1977, adopted Collier
County Ordinance No. 77-52, creating the Immokalee Lighting and Beautification Municipal
Service Taxing Unit for the purpose of providing street lighting and beautification within the
unit; and
WHEREAS, the Board of County Commissioners, on September 23, 1986, adopted
Collier County Ordinance No. 86-65, creating the Immokalee Lighting and Beautification
District Advisory Committee which provided for the appointment and composition of the
Advisory Committee and setting forth the terms of office; and
WHEREAS, on February 20, 1990, the Immokalee Lighting and Beautification
Advisory Committee met and approved a motion to recommend to the Board of County
Commissioners that Collier County Ordinance No. 77-52 be modified so as to separate the
Lighting District from the Beautification District, thereby making both Districts separate, but
having identical district boundaries and retaining the current Advisory Committee composition
and make-up only for the Beautification District; and
WHEREAS, the Board of County Commissioners, on June 9, 1992, adopted Collier
County Ordinance No. 92-40 that created the Immokalee Beautification Municipal Services
Taxing Unit (the "MSTU"), for the purpose oflandscape beautification within the MSTU; and
WHEREAS, the Board of County Commissioners desires to expand the boundaries of
the MSTU.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AMENDMENTS TO COLLIER COUNTY ORDINANCE NO.
92-40, AS AMENDED, TO EXPAND BOUNDARIES
Section Three of Collier County Ordinance No. 92-40, as amended, is hereby amended to
expand the MSTU's boundaries to add approximately 16,982 +/- acres, as follows:
The boundaries of the Unit shall comprise all that land located in Collier County, Florida,
and specifically described as:
The SeHth ~~ ef the SeHth \~ of Saetiefl 29; the Se\:lth \~ of the SOHtheast ~<. of geetiofl 30;
the Northeast \~ of Seetiofl 31; aU of SeetiOB 32; aU of Seetiofl 33; the SOHth':lest \~ ef
SaetieB 31; and the SOHth ~~ oftha gOl:ltW.vest!<. ofSaetiefl28; aU in TOWBsmp 46 SmIth,
RaBge 29 East.
The SO\:ltReast ~~ of Seetiofl 3; the ~T est ~~ of SaetioB 3; all of Seetiofl1; the Northeast ~<.
of SeetieR 5; the NeRh \~ ef the NeRh.west \~ of SeeKeR 5; the East \~ ef SaetieR 9; anti
the SOl:ltR'.vest ~~ of the Northeast ~<. of SeetieB 11; all iB To'.'mship 47 geHth, Range 29
Bast-:
That portion of land lYing in Collier County. Florida. more particularly described as
follows:
The Southwest Quarter of the Southwest Quarter of section 25 and all of sections 26. 27.
28. 29. 30. 31. 32. 33. 34. 35 and the West half of the Northwest Quarter of section 36.
Township 46 South. Range 29 East and
All of Sections 1. 2. 3. 4. 5. 6. 9. 10. 11. the West half of Section 12. the Northwest
Quarter of Section 13. the North half of section 14 and all of Sections 15 and 16.
Township 47 South. Range 29 East: and
All of Section 6. Township 47 South. Range 30 East and
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The North half of Section 1. Township 47 South. Range 28 East lying Easterly of the
Eastern Shoreline of Lake Trafford: and
All of Section 25 and that portion of Sections 35 and 36 lying Northerly and Easterly of
the Northerly and Easterly shorelines of Lake Trafford. Township 46 South Range 28
East.
Attached Exhibit "A" represents the above-referenced MSTU boundaries.
SECTION TWO: 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 this 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 THREE: 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 the 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 FOUR: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Secretary of State.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 28th day of July, 2009.
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER CO~. FLORIDA . ~
By: ~ .,j~
DONNA FIALA, CHAIRMAN
Approved as to foqn and
'3:mi;Z ~
Scott R. Teach
Deputy County Attorney
This ordInance filed with the
Stc..,tory of State's Office the
~day of 1\u1tJ!;.~ , 2co'f
and acknowledgement of that
flUI1Q received Ittia 't"" lO-ti\ day
of~~~
DepUty c:
\.;
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Exhibit "A"
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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 2009-39
Which was adopted by the Board of County Commissioners
on the 28th day of July, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of July, 2009.
DWIGHT E. BROCK
Clerk of Courts anpClerk
Ex-officio to Boa~d.cif
County Commissioners
By: Martha
Deputy