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Ordinance 83-55ORDINANCE NO. 83- 55 AN ORDINANCE CREATING THE GOLDEN GATE PARKWAY BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; DEFINING ITS BOUNDARIES; PROVIDING FOR ITS -PURPOSES AND GOVERNING BODY; PROVIDING FOR AN ~ADVISORY COMMITTEE; PROVIDING FOR ITS FUNDING ~BY A TAX NOT TO EXCEED ONE/HALF MILL LEVY .UPON APPROVAL BY MAJORITY VOTE OF THE QUALI- 'FIED ELECTORS IN THE MUNICIPAL SERVICE TAXING ~UNIT VOTING IN AN ELECTION CALLED FOR SUCH PURPOSE; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; PROVIDI~G FOR SEVERA- BILITY; PROVIDING FOR CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section One: 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 (hereinafter referred to as the "Act?). Section Two: Creation of Golden Gate Parkway Beautification Municipal Service Taxing Unit and Boundaries. There is hereby created and established the Golden Gate Parkway Beautification Municipal Service Taxing Unit (hereinafter referred to as the "M.S.T.U."). The boundaries of the M.S.T.U. are as follows: Ail of Sections 21, 22, 27, 28 and that' portion of Sections 15 and 16 lying south of Green Boulevard, lying in Township 49 South ' Range 26 East, Collier County, Florida Section Three: Purposes and Governing Body. , The M.S.T.U. is created for the purpose of providing Surb ing, watering facilities, plantings and maintenance for that portion of Golden Gate Parkway lying between Santa Barbara Boule- yard and County Road 951. The governing body of the M.S.T.U. shall be the Board of County Commissioners of Collier County, Florida. Section Four: Advisory Committee, Duties, Responsibilities The Board of County Commissioners shall by resolution desig- nate an Advisory Committee composed of residents from within the Unit with advisory authority in the business affairs of the Unit 017 3Z7 and such other duties as may be assigned from time to time by the governing body of the M.S.T.U. Section Five~ Funding and Levy of Taxes. The curbing, watering facilities, plantings and maintenance program designated pursuant to Section Three of this Ordinance shall be provided from taxes within the M.S.T.U. only. Pursuant to the authority of Section 200.085, Fla. Stat., the governing body of the M.S.T.U. is authorized to levy 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 in the M.S.T.U. voting in an election called for such purpose. The levy not to exceed of one/half (%) mill shall be for the purposes specified in Section Three of this Ordinance. Such taxes shall be levied and collected at the same time and. in the same manner as provided by law for County taxes. The Property Appraiser and the Tax Collector of Collier County, Florida are specifically authorized and directed to take all necessary and desirable action in furtherance of this Section Four. Section Six: Millage Referendum. A referendum of the qualified electors residing in the M.S.T.U. is by concurrent resolution called to be held on March 13, 1984 to determine whether or not an M.S.T.U. tax millage not to exceed one/half (%) mill shall be levied to provide curbing, watering facilities, plantings and maintenance for that portion of Golden Gate Parkway lying between Santa Barbara Boulevard and State Road 951. Section Seven: Severability. In the event that any word, clause, phrase, sentence, or paragraph hereof shall be held invalid by any Court of competent jurisdiction, such holdings shall not effect any other word, clause, phrase, sentence, or paragraph hereof. Section Eiqht: Conflict. 2 All resolutions, ordinances, or other actions taken by this Board in conflict or inconsistent herewith are hereby repe~led insofar as thero is conflict or inconsistency. Section Nine: Effective Date This Ordinance shall take effect upon filing with the Secre- tary of State. ,x~A~l.',tyD,ecember 20, 1083 ~.'" ATTEST: ( : "WILLIAM J. REAGAN, Clerk .,':Approved as to form and leg4'l sufficiency: Burr L. Saunders Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DAVID C. BROWN, Chairman ' STATE OF FLORIDA ) COUNTY OF COLLIEn ) I, WILLIA~ J. REAaAN. Clerk of Courts in and for the ~entieth Judicial Circuit. Collier County, Florida, do hereb- certify that the foregoing is a true and correct oriRinal of: ORDINANCE NO. g3-55 which was adopted by the Board of County Commissioners during Regular Session on the 20th day of December, 1~83. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of December, 20. 1983. WILLIA' J. PEAGAN Clerk of Courts and Clerk Ex officio to Board-.of.. County Commissio,~erS .... ' ~.;'~, Virginia '~.a, gri, Deptkt~. C16rk This ordinance filed with the Secretary of ~tate's Office '5...'"'C' Lhe 22nd day of Dec~ber, 1983 and acknowledgment of that filing received this 27th day of Dec~ber, 1983. ":' " --- %ouise Chesonts, Deputy Clerk 3 0i7 3; 9