Ordinance 91-063 ORDINANCE NO. 91- 63 ~ ~
ORDINANCE CREATING THE HAWKSRIDGE STO~ · . '-- -~
PUMPING SYSTEM MUNICIPAL SERVICE TAXI~ '-'
PROVIDING AUTHORITY; PROVIDING PURPOS~ ~o ~'
'INING ITS BOUNDARIES; PROVIDING FOR IT~ ~ ~
GOVERNING BOARD, POWERS AND DUTIES; PROVIDIN~ -o ~
ANNUAL ESTIMATES OF EXPENSES; TAXATION RATE~ ~
PROVIDING FOR TAX ASSESSMENT AND COLLECTION~ .~
PROVIDING FOR CONSTRUCTION; CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the developer of the Hawksridge PUD, the Peninsula
Improvement Corporation, had requested the Board of County
Commissioners to create a stormwater pumping system municipal
eervicee taxing unit for all lande within the Hawksridge PUD,
located in Collier County, Florida; and
WHEREAS, the Board of County Commissioners adopted Resolution
No. 90-471 and determined that a pump-based stormwater management
system is the most appropriate and cost-effective stormwater
management system for the Hawksridge PUD; and
WHEREAS, it ie in the best interest of the health, welfare,
convenience and safety of the future citizens and inhabitants of
the Hawksridge PUD to provide for the perpetual operation and
maintenance of the stormwater pumping system; and
WHEREAS, the creation of a municipal service taxing unit is
an acceptable and appropriate means of providing perpetual
operation and maintenance of the stormwater management pumping
system, and providing the funding necessary to provide for its
operation and maintenance through the levy and collection of ad
valorem taxes on the properties described within the Hawksridge
PUD to be benefited by the pump-based etormwater management
system.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
~: AUTHORITY FOR THIS ORDINANCe.
This Ordinance is adopted pursuant to Chapter ].25, Florida
Statutee, Chapter 200, Florida Statutes and other applicable
provisions of law.
~: CREATION OF HAWKSRIDGE STORMWATER PUMPING SYSTEM
MUNICIPAL SERVICE TAXING UNIT: PURPOSE.
There is hereby created and established the Hawksridge
Stormwater Pumping System Municipal Service Taxing Unit
(hereinafter referred to as the "Unit") for the purpose of doing
all things reasonably necessary in connection with the
administration, operation, and maintenance of a stormwater pumping
system located within the Hawksridge PUD.
~: BOUNDARIES OF THE UNIT.
The Unit shall comprise all those lands within the Hawksridge
PUD located in Collier County, Florida, and more specifically
described as:
All that part of the North 1/2 of the
Northeast 1/4, Section 23, Township 49 South,
Range 25 East, Collier County, Florida lying
westerly of Airport-Pulling Road (CR-31).
SECTION FOUR: GOVERNING BOARD. POWERS AND DUTIES.
The governing board of the Unit shall be the Board of County
Commissioners of Collier County, Florida with the power and duty
to conduct the affairs of the Unit as described herein and
prescribed by Florida Statutes.
~: ANNUAL ESTIMATES OF EXPENSES: TAXATION RATE.
For the purpose of implementation and administration of 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 Unit for the next fiscal year, which shall be from October
i to and including September 30 following. The estimate shall
describe the purpose or purposes for which the money is required
and the amount necessary to be raised by taxation within the Unit.
At the time and place for establishing 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 an annual millage
levy not to exceed one mill to provide for the purposes of the
Unit.
~: 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 subject to the same fees for
assessing and collecting as general County taxes in accordance
with general law.
~: CONSTRUCTION.
This Ordinance shall be liberally construed to effectuate its
public purpose.
~: CONFLICT AND SEVERABILITY
It is declared to be the intent of the Board of County
Commissioners that if any section, subsection, sentence, clause,
phrase or provision of this Ordinance is held invalid or
unconstitutional by any court of competent Jurisdiction, such
invalidation or unconstitutionality shall be deemed a separate,
distinct and independent provision and shall not be so construed
as to render invalid or unconstitutional the remaining provisions
of the Ordinance.
~: 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.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ,~"' day of ~ , 1991.
u ;% ! ~ j ~/~ BOARD OF COUNTY COMMISSIONERS
· ,~.TTEST: ~ '
...jAMEs ,~.... GI~S, Clerk COLLIER COUNTY, FLORIDA
~f'..::~./[.' ' .'.~" :.' ~ - ' PATRIClA ANNE GOODNIG~T, Chairman
ApproVed as ~:to form and
legal suff.i~iency: TBI, ord~r~r~e fi~ed w;th t~
e~cnf o~ i~o~e's Office
fi~ rec. elved this -~-'5_
~i~ TWP. 4gS. - RNG. 25E. L "--~'""
'" COLLIER COUNTY, FLORID^
i ~;~ '. ~OUTHEAST QUARTER
.......... 24
,,~,
STATE OF FLORIDA )
COUNTY O~ COLLIER ) '~
I, JAMES C. GILES, Clerk of Court~ in and for the
Twentieth'Judicial Circuit Collier County, Flor/da, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 01-63
which was adopted by the Board of County Commissioners on
the 95t:h day of June, 1991, during Red,ilar Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of June, 1991.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of ·
County Commissioners .~'~'
Deputy Clerk ~.2~ ". , . .... '