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Ordinance 96-84 M~' E~ERG~,~C~ ORDIN~I'CE CR~J~TING "'~HE ~D~O ~O~D~ ;~ PROVIDING A P~POSE ~D GOVE~ING BODY; PROVIDI~_ F~DING AND ~E L~ OF NOT TO EXCEED ONE-~LF ~' MILL OF AD VA~R~ TAXES PER Y~; PROVIDING FOR THE COLLE~ION OF TAXES; PROVIDING FOR CONFLI~ ~D S~E~BILITY; PROVIDING FOR INCLUSION IN THE COLLI~ CO~TY CODE OF ~WS ~D ORDIN~CES; PROVIDING FOR DEC~TION OF ~G~CY AND PROVIDING FOR AN EFFE~IVE DATE. ~S, Radio Road between Airport-~lltng Road and Santa Barbara Boulevard has been improved to include the construction of a median which varies between 20 and 35 feet in width; and ~ER~S, the County ham received numerous inquiries relating to baautlfying the median for the benefit of the adjacent properties; and ~S, this portion of Radio Road does not ~alify as a "Gateway Corridor" and there is little opportunity for landscape improvements ~n the near future; and ~ER~S, the Board of County Co~issioners has dete~ined that the best method for funding the landscape improvements within the median areas of Radio Road between Airport-~lling Road and Santa Barbara Boulevard Is by the emergency creation of the Radio Road Beautification Municipal Service Taxing Unit. NOW, TH~EFORE, BE IT ORDAXNED BY ~E BOARD OF CO~TY CO~ISSIONERS OF COLLI~ CO~TY, F~RIDA, that: SZCTION ONE. Authority. This Ordinance is adopted pursuant to the provisions of Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and other applicable provisions of law. ~IQN ~O, Creation of the Municipal Service Taxing Unit. There is hereby created and established the Radio Road Beautification Municipal Service Taxing Unit, heroinafter referred to as "MSTU". The boundaries of the MSTU are as follows: The South 1/2 of the South 1/2 of the Southwest 1/4; and the Southwest 1/4 of the Southeast 1/4; and the ~est 1/2 of the Southeast 1/4 of the Southeast 1/4; and that portion of the East ~/2 of the Southeast 1/4 of the Southeast 1/4 lying South of Market Avenue and East of Commercial Boulevard, all within Section 36, Township 49 South, Range 25 East; and All of Section 31, Township 49 South, Range 26 East; and That portion of Section 32, Township 49 south, Range 26 East, lying South of and West of Interstate Highway No. 75; and The North 1/2 of the North 1/2 of the Northwest 1/4; and the North 1/2 of the Northeast 1/4 of Section 1, Township 50 South, Range 25 East; and Section 6, Township 50 South, Range 26 East, less the Southeast 1/4; and All of Section 5, Township 50 South, Range 26 East, all being located within Collier County, Florida. 8E~ Purpose and Governing Body. The MSTU,iI created for the purpose of providing curbing, watering facilities, plantinge and maintenance of the median areas for that portion of Radio Road lying between Airport-Pulling Road (County Road 31) and Santa Barbara Boulevard. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. ~ 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 shall fix and cause to be levied on all properties within the MSTU subject to taxation a millage rate not to exceed one-half a mill per year. gECTION 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 2 collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. ~ 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. ~ 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 CoilSet 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. ~ Declaration of Emergency. This Board does hereby declare that an emergency exists and that immedxate enactment of this Ordinance is necessary, and by no less than four-fifths (4/Sths) vote of the membership of this Board does hereby waive notice of intent to consider this Ordinance. a~ Effective Date. A certified copy of this Ordinance, as enacted, shall be filed with the Department of State by the Clerk of the Board of County Commissioners as soon after enactment by said Board as is practicable by depositing the same with the posts1 authorities of the Government of the United States for special delivery by certified mail to the Department of State. This Ordinance shall become effective when a copy has been accepted by the postal authorities of the Government of the United States as set forth in Section 125.66(3), Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners o~ Collier County, Florida, this ~__day of ~,~~____, .1996'~ ......'. ,,.. *'-ATTEST:, "', BOARD OF COUNTY COI~MISSIOHERS ,' DWIGHT.E. ~OCK, G~ C0LLI~ CO~TY, F~RIDA County Attorney This Ordin~r':' ~'~ ~ ~ '~ °~ ^ Secretary ' ~ ", ', ', and cckr/lw!c'~''r~r'' ' f ~' * fili~ ceived lh,S~O~,,,/I e .i' 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 tru~ copy of: ORDINANCE NO. 96-84 Which was adopted by the Board of County Commissioners on the 17th day of December. 1996, during Regular Session via emergency procedures. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Flori(.a, this 18th day of December, 1996. DWIGHT Z BROCK Clerk of'Courts ana Ex-officio to Board o'f ." ' '~ .:,j,~ ': County Co~nissioners -.'.- reen,. en ; ,n ... ... Deputy clerk. '.... ....