Ordinance 86-31 B C"
PUBLIC ACCESS MUNICIPAL SERVICE TAXING
UNIT~ PROVIDING FOR ITS BOUNDARIES,
PUP~OSES AND TAXING AUTHORITY ~ PRO-
VIDING FOR ITS GOVERNING BOARD AND
DEFINING ITS POWERS AND DUTIES~ PRO-
VIDING FOR AN ADVISORY COMMITTEE AND
DEFINING ITS DUTIES AND RESPONSIBILI-
TIES PROVIDING FOR AN ITEMIZED
BUDGET~ PROVIDING FOR COLLECTION OF
TAXES~ PROVIDING FOR CONSTRUCTION AND
SEVERABILITY~ PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners has conditioned
..the levy of taxes under this O~dinance upon a referendum election
'tO.approve such levy~ and .
~.,.~!.:~,,~'~'WH]~S, the holding of such referendum election neces- ',,.L,.-.
eitates that the referendum election be submitted to th~ United .
States Deoartment of Justice for pre-clearance approval pursuant
: to the federal civil rights 1awl and
' ~EP~.~S, .the Board o~ County Co~lsSioner. will not meet in '!
the ~n~ of June after June 17, ~986, and is not schedule~ to
~et again until July 22, 1986, which ~y not ~it su[ficfent .
:X-. t~ for s~ission and receipt of pre-clearance approval in
advice of ~e raferund~ election, the Board oE County :C~-
~ ','~e~ioner~ doe. herein declare ~ a four-fif~s (4/5'~) vote that
. , N~, ~E~FO~, BE IT O~AIN~ BY THE BO~ OF CO~ ':'
"','~ISSIONE~ OF COLLIER CO~, F~RIDA~ .... 7.~='~'%~"~'~
.. ~, .: ,~'ff"<b~. ~,.:~
.... SE~ION ONE~ Marco I~lan~ Beach ~nouris~ent an~ P~lic Access
Municipal Service Taxin~ Uni~ Creat'e~ Boun~'ries~
PUrpose~ ~ Taxing Authority.
1. ~ere is hereby created the Marco Islan~ -Beach
~nouris~ent and P~lic Access Municipal Se~ice Taxing Unit
(hereinafter referre~ to as the ~Unit'} wi~ boun~aries descried
A line lying offshore from Marco Island in por*:tons of
Township 42 South, Range 26 East, Collier County, Florida
which line is described as follows~
From the corner common to Sections 17, 18, 19, and
20, Township 52 South, Range 26 East, run Westerly
along the line common to said Sections 18 and 19
to a ~oint 300 feet offshore in the Gulf of Me,:ice
" from the Mean High Tide Line Section 18 and the
~oint of beginning. From said point of beginning,
run Southerly 300 feet offshore from the Mean High
Tide Line of Marco Island, past the South~rly
point of said Island to the mouth of Cax~as
Pass, thence run Northeasterly in the waters of
Caxambas Pass to the centerline of the channel, of
said Caxambas pass; thence run Easterly along the
centerline of the channel of Caxambas Pass, to a
' point intersecting a marked channel running Nor-
therly towards Barfield Bay; thence run North¢~rly
along the centerline of said channel .to a point
300 feet offshore in Barfield Bay from the Mean
.·. High Tide Line of the Easterly end of the lands
fornerly known as J. M. Barfield Subdivision,
thence run Northerly, Easterly, and Southerly, 300
feet offshore in Barfield Bay from the Mean High
Tide Line of Marco Island to intersection with the
. centerltne of Blue Hill Creek; thence run South-
,. easterly along the c~nterline of Blue Hill Creek
to a point 300 feet offshore in Blue Hill Bay from
the Mean High Tide Line of Marco Island; thence
continue Northerly, Eaeterly, and Southerly 300
feet offshore in Blue Hill Bay from the Mean High
Tide Line of Marco Island to centerline of the
aforementioned Blue Hill Creek; thence run North-
easterly along the centerline of Blue Hill Creek,
but to a Point intersecting the line· common to
.. Range 26 East and Range 27 East, Township 52
',' South, Collier County, Florida; thence run Nor-
therly along the line cen,ken to said Range 26 and
27 but to a Point intersecting the centerline of
the channel of the Big Marco River; thence Nor-
~a~ therly, Northwesterly, Westerly and Southwesterly
along the centerline of the aforementioned Big
Marco River to a point in Big Marco ~ass, k~ing
300 feet offshore from the Mean High Tide Line of
Marco Island to the point of beginning lying ~.long
the East-West line common to Sections 18 and 19, ',
'~",~. . '. .. Township 52 South~ Range 26 East. EXCEPTING the.
2 The Unit hereby created and established is for' ~e
purposes of providing for beach ~enourishment, 'improved -storm
protection of beaches, and for public access =o beaches and to do
all things reasonably necessary in connection therewith within
the boundaries of the Unit. Said Unit shall have the authority
to levy ad valorem taxes as prescribed by law not to exceed
one-half (1/2) mill in any one fiscal year, provided that the
qualified electors residing in the Unit approve said 1,3vy in a
referendum election.
SECTION TWO: Governing Boardt 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 ~he Unit as prescribed by Florida
Statutes.
SECTION THREE= Advisory Committeer Duties~ Res~onsibili~ies.
The Board of County Commissioners shall by resolution
designate an ~visory Committee composed of residents from within
the Unit with advisory authority in the business affairs of the
Unit and such other duties as may be assigned f[om time to time
by the Board of Governors of the Unit.
SECTION FOUR: Itemized Budget.
For the purpose of carrying into effect this Ordin~nce, the
Board of County Commissioners shall annually, at the time
required by general law, make an itemized estimate of the
of money required to carry out the business of the Uni'= 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 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 s millage sufficient to meet the requirements of the . :,~:,;.., .~.
~* estimatal provided, however, the total millage shall not exc~d ~;~.~,~
., one-half (1/21 mill. ,
..
:,. S~TIO~ FI~= Collect/on of Taxes. ::
Taxes herein provided for shall be assessed and co].lected in ~ '
the same manner and form as provided for the assessment amd
collection of general county taxes and subject to the same fees
for assessing and collecting as general county taxes.
SECTION SIX= Construction and Severability
1. This Ordinance shall be liberally construed to effec-
tuate its public purpose.
3
2. It in declared to be the intent of the Board o:! County
Commissioners that if any section, subsection, sentence, clause,
phrase or provision of this Ordinance is held invalid o:: uncon-
stitutional, such invalidation or unconstitutionality shall not
be so construed as to render invalid or unconstitutional tbs
remaining pr~isions of this Ordinance.
SECTION SEVEN~ Declaration of. Emergency.
This Board does hereby declare that an emergency exists and
that t~diate enactment of this Ordinance is necessary, and by
no less than four-fifths (4/Sths} vote of the membership of the
~s to form and
legal sufficiency:
B. Cuyl
Collier County
·/'" Board does hereby waive notice of intent to consider this
~ ~ ~ Ordinance.
A certified ccpy of this Ordinance, as eh'acted, shall be
' filed by the Clerk of the Board with the Department of State of
the State of Florida, as soon after enactment as is practicable
by depositing the same with the postal authorities of the
government of the United States' for special delivery by certified
mail, to the Florida Department of State.
SECTION EIGHT= Effective Date.
This Ordinance shall become effective when a copy has been
"' !J accepted by the postal authorities of the Government of the
'"'~i". United States for special delivery by registered mail to the
' ~ Florida Department of State.
' ':-'' ' PASSED AND DULY ADOPTED by the Board of County Co~lissioners
" on this the 17th day of June , 1986
· ~ .. . ' ·
BOARD OF COUNTY COMMISSIONERS
:.,; 'i .. OF COLLIB~ COUNTY, F.~ORIDA
4
Clerk
STAT~ OF FLORIDA )
C(TJNTY 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 is a true original, of:
ORDINANCE 86-31
which was adopted by the Board of County Commission¢~rs on
the 17th day of June 1986~ via emergency procedures.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, thi.s 18th
day of June, 1986o
JAMES C. GILES
Clerk of Courts z, nd Clerk "'
Ex-Officio to
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