Ordinance 94-70 ORDINANCE NO. 94- 70
AN ORDINANCE RECREATING THE MARCO ISLAND ~--.
LIGHTING MUNICIPAL SERVICE TAXING DISTRICT;
PROVIDING THE BOUNDARIES OF THE DISTRICT; i~. ,r~ .
DESIGNATING THE GOVERNING BODY OF THE
DISTRICT; PROVIDING A PURPOSE; AUTHORIZING
A TAX LEVY OF UP TO ONE MILL; PROVIDING FOR ',l.
TAX ASSESSMENT AND COLLECTION; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING ~2..
FOR INCLUSION IN THE CODE OF LAWS AND ~;-.
ORDINANCES AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners, during the
public hearing to consider the collier County FY 1994-95
Budget, determined tha{ it is in the best interests of the
citizens of Marco Island to have the Marco Island Lighting
Municipal Service Taxing District be a separate Municipal
Service Taxing District.
NOW, THEREFORE, BE IT ORDAIN~D BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. R~E~T~0N OF THE MARCO ISLAND MUNICIPAL SERVICE
TAXING DISTRICT.
Pursuant to Chapter 125, Florida Statutes, the Marco
Island Lighting Municipal Service Taxing District is hereby
recreated for the purpose of providing street lighting to the
residents within the District.
SECT=ON TWO. DISTRICT BOUNDARIES.
· The Marco Island Municipal Service Taxing District shall
include all that land located in Collier County, Florida, and
specifically described as:
Marco Beach Unit 1, as recorded in Plat Book 6, Pages
9-16; A Replat of Portions of Blocks 28, 120, 123 and 132,
Marco Beach Unit I and Unit 4, as recorded in Plat Book
6A, Pages 19A and 20A; Marco Beach Unit 2, as recorded in
Plat Book 6, Pages 25-31; Parcel 2, Section 16, Township
52 South, Range 26 East; Marco Beach Unit 3, as recorded
in Plat. Book 6, Pages 17-24;" A Replat of a Portion of
Marco Beach Unit 4, as recorded in Plat Book 12, Pages
19-21; Marco Beach Unit 4, as recorded in Plat Book 6,
Pages 32-37; Marco Highlands, as recorded in Plat Book 3,
Page 72; Marco Highlands Addition, as recorded in Plat
Book 3, Page 91; A Replat of a Portion of Marco Beach Unit
5, as recorded in Plat Book 6A, Pages 23A-24A~ Marco Beach
Unit 5, as recorded in Plat Book 6, Pages 39-46; A Replat
of a Portion of Marco Beach Unit 6, as recorded in Plat
Book 6A, Page 25A; Marco Beach Unit 6, as recorded in Plat
Book 6, Pages 47-54; Second Replat of a Portion of Marco
Beach Unit 6, as recorded in Plat Book 12, Page 38; Marco
Beach Unit 7, as recorded in Plat Book 6, Pages 55-62;
Marco Beach Unit 8, as recorded in Plat Book 6, Pages
63-68; Marco Beach Unit 25, as recorded in Plat Book 12,
Pages 2-5; Marco Beach Unit 9, as recorded in Plat Book 6,
Pages 69-73; Marco Beach Unit 10, as recorded in Plat Book
6, Pages 74-79; A Replat of a Portion of Marco Beach Unit
11, as recorded in Plat Book 8, Page 51; Marco Beach Unit
11, as recorded in Plat Book 6, Pages 80-86; A Replat of a
Portion of Marco Beach Unit 11, as recorded in Plat Book
12, Pages 24-26; Marco Beach Unit 12, as recorded in Plat
Book 6, Pages 87-91; Marco Beach Unit 13, as recorded in
Plat Book 6, Pages 92-99; J. M. Barfield Subdivision, Town
of Caxambas, Section 21, Township 52 South, Range 26 East;
Marco Beach Unit 14, as recorded in Plat Book 6, Pages
100-103; Marco Beach Unit 21, as recorded in Plat Book 6A,
Pages 21A-22A; Marco Beach Unit 22, as recorded in Plat
Book 8, Pages 29-31; Parcel 2, Section 18, Township 52,
Range 26 East; Marco Beach Unit 23, as recorded in Plat
Book 8, Pages 81-83; Amended Plat of Collier City, as
recorded in Plat Book 1, Page 58; Old Marco Village, as
recorded in Plat Book 6, Page 3,' of the Public Records of
Collier County, Florida; Parcel 1, Section 19, Township 52
South, Range 26 East; Parcels 1, 10, 11, 12, 13, 4, 5, 8,
9, 6, 7,. Section 18, Township 52 South, Range 26 East;
Parcel 2.1, Section 5, Township 52 South, Range 26 East;
Parcels 2 and 3, Section 6, Township 52 South, Range 26
East; Parcel 2, Section 7, Township 52 South, Range 26
East; Parcels 28, 23, 25, 24, 26, 27, 20.1, 21, 21.1, 8,
20, 3.1, all in Section 5, Township 52 South, Range 26
East, Collier County, Florida.
~ GOVERNING BODY.
The governing body of the District shall be ex officio the
Board of County Commissioners of Collier County, Florida.
SECTION FOUR. PURPOSE.
The District is formed for the purpose of providing street
lighting in the above described subdivision and to that end
shail possess all the powers to do all things reasonably
necessary to provide such service~, including ownership or
rental of property, poles, wires, conduits, lights, meters, and
the power to maintain the same and to enter into contracts for
providing the same and the electric current to operate any
lighting system therein installed.
SECTION FIVE, ~UP~ET AND TAX LEVY.
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 District for
the next fiscal year, which shall be from October I to and
including September 30. following. The estimate shall have for
what purpose the monies are required and the amount necessary
to be raised by taxation within the District. At the time and
place for taxing the annual rate of taxation for county
purposes, the Board shall fix and cause to be levied on all
property within the District subject to taxation a millage
sufficient to meet the requirements of the estimate; provided,
however, the total millage shall not exceed one (1) mill.
~CTION SIX. 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.
SECTION SEVEN. 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 EIGMT. INCLUSION IN TME COpE O[ 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 NINE. EFFECTIVE DATE.
This Ordinance shall take effect upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
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PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this ~d:'~ day of
&,,_~_, 19~/~.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD O COUNTY COMMISSIONERS
.- :..
Appro~d taa' to form and
legal sufficiency:
Assistant County Attorney
This o~lr~cr~e filed wl~ tt~
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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 cop,! of:
Ordinance No.
which was adopted by the Board of CountV Commis'aloners on
the 20th day of December, 1994, during .'(egular Session.
WITNESS my hand and the official seal nf the Board Of
County Commissioners of Collier' County, Fioclda,
day o~ December, 1994.
DWIGHT E. .RRCC;:
Clerk of Courr.:~ ~.hC C]~ .... .
Ex-offic[o to ~oard ,~
County CommissJaner:~
DPpllt~' Clerk