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Ordinance 94-66 AN ORDINANCE CREATING THE COUNTY BARN ROADSID~ DRAINAGE IMPROVEMENT MUNICIPAL SERVICE TAXINGi7 UNIT NO. ONE; DESCRIBING THE BOUNDARIES OF 7. SAID UNIT; PROVIDING FOR THE PURPOSE; PROVIDING FOR THE GOVERNING BOARD, POWERS AND~' DUTIES; AUTHORIZING THE LEVY OF TAXES; PROVIDING CONFLICT AND SEVERABILITY; PROVIDIN~!~ FOR THE INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND PROVIDING AN )'z'~' EFFECTIVE DATE. W~EREAS, on October 18, 1994, the Board of County Commissioners accepted a recommendation from the Transportation Services Administrator to create certain municipal service taxing units within the County Barn Road area; and WHEREAS, the Board of County C6mmissioners directed the staff to prepare the necessary ordinances for creating the three County Barn Roadside Drainage Improvement Municipal Service Taxing Units; and WHEREAS, the Board of County Commissioners has determined that the most cost effective method for the proposed drainage improvements within the County Barn Road area is by the creation of certain municipal service taxing units which will equitably tax benefiting properties. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: CREATION, BOUNDARIES. The County Barn Roadside Drainage Improvement Municipal Service Taxing Unit No. One (the "Unit") is hereby created pursuant to the power and authority of Chapter 125, Florida Statutes. The boundaries of the County Barn Roadside Drainage Improvement Municipal Service Taxing Unit No. One are described in Exhibit "A" attached hereto and incdrporated herein. SECTION TWO: PURPOSE. The Unit hereby created is for the purpose of providing for the design, permitting, construction, financing, and related costs for drainage improvements affecting the Unit, and to do all things reasonably necessary in connection therewith and for the purpose 1 of exercising those powers authorized by Chapter 125, Florida Statutes, and other applicable law. SECTION THREE[ GOVERNING BOARD, POWERS, DUTIES. The Board of County Commissioners of Collier County shall be the governing board of the Unit, with power and authority to conduct the affairs of the Unit as prescribed by Florida Statutes. SECTION FOUR: LEVY OF TAXES. The Unit may levy ad valorem taxes on real property located within the Unit as authorized by Chapter 125, Florida Statutes. 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 assessment and collection as general County taxes. ~ECTION SIX: CONFLICT AND SEVERABILITY. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason 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 portions thereof. SECTION BEVEN~ INCLUSION ~N 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. SECTION EIGHT: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. 2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .~ day of ~ ., 1994. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.. BROCK, CLERK COLLIER/COUnTY, FLORIDA , / r.' T OT O , CHAIRIvIAN :. Approved as'-'to form and .. legal sufficiency: David C. WeTgelS9 Assistant County Attorney 'l~ls c:rdlr~3~e filed w;~ ~ and acknfw~ecigemernt. Ltgf that fill g received I I~3 day EXHIBIT COUNTY BARN ROADSIDE DI:~J~IN~GE I~P~OVE~ENT ~STU NO, ONE PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, DESCRIBED AS FOLLOWS: THE NORTHEAST 1/4~ THE EAST 1/2 OF THE WEST 1/25 THE NORTH 3/4 OF THE WEST 1/2 OF THE SOUTHEAST 1/4~ THE NORTH 1/4 OF THE EAST 1/2 OF THE SOUTHEAST 1/4. PART OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, DESCRIBED AS FOLLOWS: THE EAST 1/2 OF THE WEST 1/2. Page 1 oZ 2 COUNTI BAKN NtOADSIDE DRAINAGE IMPROVEMENT MSTU NO. ONE TWP. 50S, - RNG, 26E. NORTHWEST QUARTER COUER COUNTY, FLORIDA THXS XS NOT A suav'rr. Page 2 of 2 STATE OF FLORIDA COUNTY OF COLLIER I, DWIGHT E. BROCK. Clerk of Court~ i.', .-~nd 'f.~v Twentieth Judicial C~rcuit. Collier Counvy, Florida, .~o hereby certify that the foregoing is a '.:~e copy Ordinance No. B4-66 which was adopted by the Board of County the 20th day of December. !9~4, during ~egui~r WITNESS my hand and ~he official .~i ..f .".~. =~o.-'E ~.f County Commissioners ,~ Coll]~ C.3u~y, ~/*..'..~.. *.i~ ~2 day of December. 199~. DWiG:~7 E. =,=C... '