Ordinance 92-103 ORDINANCE NO. 92-_ JO] D~c 30 2 ol ?H
ORDINANCE CREATING THE BERKSHIRE bAKES UNIT 6 STREET
HTING MUNICIPAL SERVICE TAXING UN[T; ~r[~YOl~ThTE
NDAR[ES OF TIlE UNIT; DESIGNATING THE GOVERNING BODY OF
UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR
ANNUAL ESTIMATES OF EXPENSES AND TAXATIO, RATE; PROVIDING
FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR
CONSTRUCTIO. AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA:
SECTION ONE: Street Lighting Municipal Service
Taxing Unit Created; Boundaries.
Pursuant to Chapter 125 of the Florida Statutes, the Berkshire Lakes Unit 6
Street Ltghttng Municipal Service Taxing Unit ts hereby created for the purpose
of providing street lighting to the residents of the taxing unit, the boundaries
of which are hereinafter described:
All of Berkshire Lakes Untt 6 as recorded in Plat Book 19, Pages
16-18, inclusive, of the Public Records of Collier County, Florida;
all being a part of Section 32, Township 49 South, Range 26 East,
Collier County, Florida, containing 23.44 acres more or less.
SECTION TWO: Governing Body.
The governing body of the Unit shall be ex-officio the Board of County
Commissioners of Collier County, Florida.
SECTION THREE: Purpose; Powers.
The Unit is formed for the purpose of providing street lighting in the
above-described subdivision and to that end shall possess all the powers to do
all things reasonably necessary to provide such services, 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 FOUR: Annual Estimates of Expenses; Taxation Rate.
For the purpose of implementing this Ordinance, the Board of County
Commissioners shall annually, at the time required by general budgetary law,
make an ttemtzed estimate of the amount of money required to carry out the
business of the Unit 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 Unit. 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
property within the Unit subject to taxation a millage sufficient to meet the
m
requirements of the estimate; provided, however, the total millage shall not
exceed the millage authorized by law for municipal service taxing or benefit
units.
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 assessing and collecting as general
County taxes. -
SECTION SiX: Construction.
This Ordinance shall be liberally construed to effectuate its public
purpose.
SECTION SEVEN: Conflict and Severabtltty.
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 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.
.~
:..ATTEST: , ~ ' . BOARD OF COUNTY COMMISSIONERS
'~AMES C. GILES, C~erk COLL. IER COUNTY,. ~LORIDA
....
~ . - ~ - MICHAEL 3. ~,LPE, 'Chairman
Approved as to form and
legal suffictenFy:
Assistant County~ttorney
to~ of ~ote's
day of~,~
a~ acknowledgem~p~ ~f ~at
,oo 059 193
mil
IIF. R,I(SIIIRK LAKES UNI'T 6
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 92-103
which was adopted by the Board of County Commissioners on
the 22nd day of December, 1992, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of December, 1992.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of
Deputy Clerk
195