Ordinance 97-82 ORDINJ~/~TCE NO. ~'/- 82
AN ORDINJdiCE CREATING THE BAYSMORE AV~J~ON ,', ',
BEAUTIFICATION I~ICIP/~L SERVICE TRa~ING UNIT;
PROVIDING THE AUTHORITY; PRODDING FOR THE ' -
CREATION; PROVIDING A P~SE /~ C~RNING
BODY; PR(Tv'IDING FUNDING/q~TD THE I~ OF NOT TO
=cEz ,,=LS ,a vaza a, TA=s
YEAR; PIMPING FOR THE COIJ. ECTIO~I OF TAa~ES;
PROVIDING FOR C~TION OF THE BATSHOHE AVJ~
BE~/ITIFICATION ADVISORY CO~T~E; APPOI~ ~ [-] r-
~ COeSITION; PI~VIDIN3 FOR ~ OF OFFICED
OF THE ADVISORY CO~TEEE; PR~D~Q ~R
O~I~ OF T~ ~SORY C~T~; QUOR~;
R~S OF PR~~; P[D~G ~R ~CTI~S,
PM~ ~ D~IES OF T~ ~SORY C~T~E;
PRWIDING ~R D~IES OF T~ CO~Y
~MII~IS~TOR OR HIS DESIRE; PR~DING ~R
~I~ PRO~SS OF ~VISORY C~T~E
PRWIDING ~R C~ICT ~ S~ILI~
PR~IDING FOR INCLUSION IN T~ COLLIER CO~TY
CODE OF ~S ~4~ O~I~S; PR~DING FOR
E~CT~ DA~.
WHEREAS, the County has received inquiries and conducted
neighborhood meetings concerning ~roposals relating to
beautification of certain public areas located on, adjacent to,
or in proximity to Bayshore Drive; and
WHEREAS, the Board of County Comissioners'has ~etermined
that the creation of a municipal service taxing unit is the best
method for implementing and funding the beautification of certain
public areas located on, adjacent to, or in ~roximitV to
Bayshore Drive.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA; that:
SECTION O~. Authority
This Ordinance is adopted pursuant to the provisions of
Cha~ter 125, Chapter 165 and Chapter 200, Florida Statutes, and
other applicable ~rovisions of law.
SECTION ~O. Creation of ~e Municipal Service Taxing Unit.
There is hereby created and established the Sayshore Avalon
Beautification Municipal Service Taxing Unit, herei~after
referred to as 'MSTU". The boundaries of the MSTU are as
follows: See attached Exhibit "A" which is incorporated herein
by reference.
SECTION TBR~E. Purpose and Governing Bod3F.
The MSTU is created for the purpose of: 1) providing
curbing, watering facilities, planrings and maintenance of the
median strips of roadways within the MSTU~ 2} providing traffic
calming improvements, street lighting, and sidewalks within the
MSTU~ and 3) beautification and maintenance of other public
areas within the MSTU as determined by the Advisory Committee.
The governing body of the MSTU shall be the Board of County
Commissioners of Collier County, Florida.
SECTION FOUR. FundingandLev~'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 N~TU for the next
fiscal year, which shall be from October I 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
shall fix and cause to be levied on all properties within the
MSTU subject to taxation a millage rate not to exceed three mils
per year.
SECTION FIVE. Tax Assessment and ColleQtion.
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.
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SECTION SIX. Creation of the Bayshore Avalon Beautific&tion
Advisory Committee; Appointment and
Composition.
A. There is hereby created and established the Bayshore
Avalon Beautification Advisory Committee, hereinafter referred to
as the "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. Said members shall be permanent
residents within the MSTU and electors of Collier County. The
Board shall consider appointment of members from different
subdivisions or communities within the MSTU.
C. Appointment of members to the Committee shall be by
resolution of the Board of County Commissioners, which resolution
shall set forth the date of appointment and the term of office.
D. Members of the Committee shall serve without
compensation, but shall be entitled to receive reimbursement for
expenses reasonably incurred in the performance of their duties
upon prior approval of the Board of County Commissioners.
SECTION SEVEN. Terms of Office of the AdvisoryC-wm~4ttee.
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. Two (2) members shall be appointed for a term of three
(3) years.
C. One (1) member shall be appointed for a term of (4)
years.
Thereafter, each appointment or reappointment shall be for a
term of four (4) years.
3-
Appointments to fill any vacancies on the Committee shall be
for the remainder of the unexpired term of office.
SECTION EIGHT. Officers of the AdvisoryC_-~e~ttee; Quorum; Rules
of Procedure.
A. At its earliest opportunity, the membership of the
Committee shall elect a chairman and vice chairman from among the
members. Officers terms shall be for one (1) year, 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.
C. 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 meetings,
resolutions, f~ndings and determinations. Copies of all
Committee minutes, resolutions, reports, and exhibits shall be
submitted to the Board of County Commissioners.
D. Committee member attendance requirements, including
failure to attend meetings and member removal from office are
governed by Ordinance No. 86-41, as amended, or by its successor
ordinance.
SECTION NINE. Functions, Powers and Duties of the Advisory
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 purposes of the MSTU as set forth in this
Ordinance.
B. 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.
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In carrying out this responsibility, the Committee shall, no
later than April 1't of each year, meet with the County
Administrator or his designee and outline to the County
Administrator or his designee those projects which the Committee
wishes to see accomplished during the next fiscal year. Based
upon this information, the County Administrator or his designee
shall prepare a proposed budget for the MSTU, in accordance with
standard County guidelines regarding the preparation of budgets.
This proposed budget shall then be reviewed by the Committee and
upon approval by the Committee be transmitted through the County
Administrator or his designee to the Board of County
Commissioners for adoption in accordance with procedures for the
adoption of budgets set forth under general law and the Board of
County Commissioners' policy. Should the Committee fail to
approve a budget by June 1'~ of each year, the County
Administrator 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
priorities to the County Administrator or his designee in
accordance with the adopted budget or budget amendments which may
be adopted by the Board of County Commissioners. The execution
of work programs shall be under the direct supervision and
responsibility of the County Administrator or his designee. Said
work may be performed under contract (in accordance with law) or
by County forces.
D. The Committee may adopt and amend "Guidelines" to govern
its operation and the operation of the MSTU, subject to approval
by the Board of County Commissioners.
SECTION TEN. Duties of the CountTAdminiltrato: o: his
Designee.
The duties of the County Administrator or his designee shall
be:
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A. To administer the activities of the MSTU in accordance
with established policies of the Board of County Commissioners
and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section
Nine, Paragraph B, above.
C. To provide periodic written reports to the Committee,
and 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 and/or the Committee.
O. Attend all Committee meetings.
SECTION ELEVEN. Review Process.
This advisory Committee shall be reviewed once every four
(4) years commencing 2001, in accordance with the procedures
contained in Collier County Ordinance No. 86-41, as amended, or
its successor ordinance.
SECTION TWELVE. Conflict and Severabilit~.
In the event this Ordinance conflicts wi=h 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 THIRTEEN. Inolusion 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 tenumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to ~section", "article", or any other appropriate word.
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SECTION FOUR~EN. 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/~f, day of~° , 1997.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
...
' '/' < .... "fhO~Y/~. vHANC6CK, ~hairman
Approved as to form and
legal sufficiency:
This ordinance flied with
Secretary of St 0% O.qice the
and ocknow~edgernent of thct
filing received lhis,~r ~ day
of ~
Heicli F. Ashton
Assistant County Attorney
h'./ew,'hfs~3rdin:s~es/B~ysho~ Munk~ S~ TtxtnI Unit
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EXHIBIT A
BAYSHORE DEVELOPMENT AREA
LEGAL DESCRIPTION
Begin at the Southwest comer of Section 23, Township 50 South, Range 25 East, Collier
County, Florida; thence Northerly along the west line of Section 23 and the West line of
Section 14 to the centerline of Haldeman Creek; thence Northeasterly along the centerline
of Haldeman Creek to the Intersection of the West line of the East quarter of the
Southwest quarter of Section 11; thence Northerly along the West line of the East quarter
of the Southwest quarter of Section 11 to the North line of Mangrove Avenue; thence
Easterly along the North line of Mangrove Avenue to the East line of Pine Street; thence
Northerly along the East line of Pine Street to the centerline of a 10' wide alley in Block
4 as shown on the plat of "W.H. Surehey Subdivision" as recorded in Plat Book 1, Page
28, Public Records of Collier County; thence Easterly along said centerline and its
Easterly extension to the East line of Lot 39, as shown on the plat of"Naples Groves and
Truck Co. 's Little Fa;'ms No. 2" as recorded in Plat Book 1, Page 27A, Public Records of
Collier County; thence Southerly along said East line to the South line of Weeks Avenue;
thence Easterly along the South line of Weeks Avenue to the West line of Bayshore
Drive; thence Northerly along West line of Bayshore Drive to the southwesterly right-of-
way line of U.S. 41; thence southeasterly along the Southwesterly right-of-way line of
U.S. 41 to the East line of the West one eighth of the Northwest quarter of Section 13;
thence southerly along the East line of the West one eighth of the Northwest quarter of
Section 13 to the South line of the Northwest quarter of Section 13; thence Westerly
along the South line of the Northwest quarter of Section 13 to the West line of Section
13; thence Southerly along the West line of Section 13 and the East line of Section 23 to
the South line of Section 23; thence Westerly along the South line of Section 23 to the
Southwest comer of Section 23 and the Point of Beginning.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, gollier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 97-82
Which was adopted by the Board of County Commissioners on the 16th day
of December, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 17th day of December,
1997.
~puty Clerk