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Ordinance 85-12 AN ORD~N~C~ C~ZNG TH~ ~RCO ZSLAND CO.UNITY '8~ ~u~~sz~wcz ~X~N~ U~ nS~N~N~ ~TS GOVE~ING BODY; PROVIDING FOR ~ ~VISORY CQ~~N DUTIES AND RESPONSIBILITIES; PRO- v~'~b~%~ F~D~N~ ~Y ~ TAX NOT TO ZXC=ZD ONZ ~E~OF THE QUALIFIED ELECTORS IN THE M~ICIPAL SERVICE T~ING UNIT VOTING IN AN ELECTION C~LED FOR SUCH PURPOSEI PROVIDING FOR SE~BILITY~ PROVIDING FOR CONFLICTI AND PROVIDING AN EFFEC- TIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA! SECTION ONEs AUTHORITY FOR THIS ORDINANCE. This Ordinance is adopted pursuant to Chapter 125, Fla. Stat.; Chapter 165, Fla. Stat.; Chapter 200, Fla. Stat.; and other applicable provisions of law. SECTION TWOz C_REATION OF MARCO ISLAND COMMUNITY PARK MUNICIPAl, SERVICE TAXING UNIT~ AND ESTABLISHING ITS ~OUNDARIES. There is hereby created and established the Marco Island Community Park Municipal Service Taxing Unit (hereinafter referred to as the "MSTU") . The boundaries of the MSTU are as follows: All those geographical islands known as Marco Island and Caxambas Island, sub~ect to future reliction and accretion, lying and being situated in Township 52 South, Ranges 25 and 26 East, bounded on the north by Big Marco Pass and Big Marco River; on the east by Goodland Bay and Big Marco River; on the south by Blue Hill Creek, Blue Hill Bay, Barfield Bay, Caxambas Bay and Caxambas Pass; and on the west by the Gulf of Mexico, excluding all lands lying in Township 52 South, Range 27 East, Collier County, Florida. SECTION THREE: PURPOSES AND GOVERNING BODY. The MSTU is created for the purpose of providing park and recreation facility improvements to the Marco Island Community Park Site, as deemed needed by the Board of County Commissioners and to do all things reasonably necessary to provide said improvements at a cost not to exceed $2,800,000 in accord with the approved Master Plan for said park site. The governing body 0£ the MSTU =hall be the ~-.r~ of Cn~nty Commissioners of Collier County, Florida. SECTION FOUR~ ADVISORY COMMITTEEf DUTIES AND RESPONSIBILITIES The Board of County Commi~sionars shall by resolution delignate an advisory committee composed of residents from within the MSTU with advisory authority to consult with and advise the County Parks and Recreation Advisory Board regarding the design of the major buildings complex contained within the Marco Island Community Park and regarding policies governing operation of cultural and recreational programs. In addition to the Marco Island Representative from the County's rark and Recreation Advisory Board, the advisory committee shall consist of six other members recommended by the boards of the following organizationsz Marco Island Civic Association Marco Island Taxpayers' Association Marco Island Chamber of Commerce Marco Island Jaycees Marco Island Women's Club Marco Island Young Men's Christian Association SECTION FIVEs FUNDING AND LEVY OF TAXES. The park and recreation facility improvements designated pursuant to Section Three of this Ordinance shall be provided from taxes within the MSTU only. The funds already appropriated by Collier County for improvements to the Marco Island Community Park Site shall not b, diminished in any amount because of the funds raised pursuant to this Ordinance. Pursuant to the author- ity of Section 200.085, Fla. Stat., the governing body of the MSTU is authorized to levy ad valorem taxes in excess of the rolled-back millage rate computed pursuant to Section 200.065(1), Fla. Stat., provided such levy has been approved by majority vote of the qualified electors residing in the MSTU voting in an election called for such purpose. The levy not to exceed one fourth (1/4) mill shall be for the purposes specified in Section Three of this Ordinance. Such taxes shall be levied ,and collec- ted at the lame time and in the same manner as provided by law for County taxes. The Property Appraiser and the Tax Collector mm of Collier County, Florida, are specifically authorized and directed to taka all nece.sary and desirable action to carry out the purposes of this ordinance. SECTION SIX: MILLAGE REFERENDUM ELECTION A referendum of the gualified electors re.iding in the M$?U ia by Resc.,~cion called to be held on June 25, 1985, to determine whether or not an MSTU tax millage not to exceed one fourth (1/4) mill shall be levied to provide for the issuance of certificates of indebtedness not to exceed $2,800,000.00 to provide park and recreation facility improvements to the Marco Island Community Park Site as deemed needed by the Board of County Commissioners, and to do all things reasonably necessary to provide said improvements. If the referendum is approved by the electors, the expenses of the referendum election shall be paid from the taxes levied and collected pursuant to this Ordinance. SECTION SEVEN: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is 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 portion. SECTION NIN~ EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Secretary of State. DATED~. l~r~h l~, 1985 ~?~ST~,",,,/ // ' .~pproved ~.'to form and legal '~r~~, R/ Bruce Anderson -- Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY{ f f ~/(,"f-f FREDERICK J. VOSS, Chairman Thll orcllnonce flied with Secrefor~ of S{Qte'S Olllce ond ockn~wledgement of thct {TATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier Count¥~ Florida, do hereby certify that the foregoing is a true original ORDINANCE 85-12 which was adoptad by tha ~oard of County Commim~ioners during Regular Session on the 19th day of March, 1985. WITNEBS my hand and the official seal of the Board of County CoJmlSalonars of Colliar County, Florida, this 19th day of March, 1~85. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-Officio to Board of By ~--------.~,U.,~.~i l~ Deputy Clef& . ~