Ordinance 79-104ORDINANCE NO. 79-_10A_
AN EX.~RGENCY ORDINANCE CREATING A MUNICIPAL SERVICE
TAXING AND BENEFIT ~{IT TO PROVIDE A WATER UTILITY
SYSTEM FOR AN AREA WITHIN THE UNINCORPORATED AREA
OF COLLIER COUNTY KNOWN AS WILLOUGHBY ACRES; AND
MORE PARTICULARLY DESCRIBED HEREIN; ESTABLISHING
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY
AS THE GOVERNING BODY OF THE UNIT; PROVIDING THE
PURPOSE OF THE UNIT; PROVIDING FOR THE POWER TO LEVY
SERVICE CHARGES, SPECIAL ASSESSMENTS OR TAXES WITHIN
THE ~IT; PROVIDING FOR THE GENERAL POWERS OF THE
GOVE~{ING BODY OF THE UNIT; PROVIDING SEVERABILITY;
DECI2%RING ~{ EMERGENCY AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA that:
Section 1. Findin~s.
The Board hereby finds and determines that there is a
need for a water utility system in Willoughby Acres for the
continued preservation of the health, welfare, convenience
and safety of the citizens of this county and more particularly
the residents of Willoughby Acres.
The construction of such a water utility system is
therefore deemed to be in the public interest.
Section 2. Creation of the Unit.
The unincorporated area of Collier County known as
Willoughby Acres, and more particularly described in Section
3 hereof, is hereby established as a Municipal Service
Taxing and Benefit Unit pursuant to Chapter 125, Florida
Statutes.
Section 3. Boundaries of the Unit.
The boundaries of the Unit are as follows:
The Southwest 1/4 of the Northeast 1/4, and~
the Northwest 1/4 of the Southeast 1/4, and~
the North 1/2 of the Northwest 1/4 of the
Northeast 1/4 of the Southeast 1/4, and,
the Southwest 1/4 of the Southeast 1/4, and~
the Southeast 1/4 of the Southwest 1/4, and,
the Northeast 1/4 of the Southwest 1/4, and,
the South 1/2 of the Southeast 1/4 of the
Northwest 1/4, and, the South 1/2 of the
Southwest 1/4 of the Southwest 1/4, all
lying within Section 24, Township 48 South, -
Range 25 East, Collier County, Flori~, ~'~
inc~uding all of Willoughby Acres as ~gorded ~
in Plat Book 8 at Pages 24, 25, and 2-§~.~9~ ~.~
the Public Records of Collier County~-~Fi~rida.c,, ~7
Section 4. Purpose.. ,
This Municipal Service Taxing and Benefit Unit is
created for the purpose of providing a water utility system
within the boundaries of the Unit.
Section 5. GoverninK Body.
The governing body of the Unit shall be the Board of
County Commissioners of Collier County, Florida.
Section 6. Power..go ~evy Service CharKes, Special Assessments,
or Taxes within the Unit.
The governing body of the Unit pursuant to the authority
granted it by the Constitution and statutes of the State of
Florida and the law~ of the State of Florida shall have the
power to levy ad valorem taxes as may be legal for the
purpose of providing and operating a water utility system
within the Unit. Said taxes shall be levied and a budget
prepared or adopted by said Board at the same time and in
the same manner as said Board prepares and adopts its County
anxtual budget and levies taxes as provided by law. Said
taxes shall be assessed, levied, collected, remitted to and
accounted for at the same time and in the same manner as the
assessment, levy, collection, remittance and accountability
of taxes by said Board as provided by law.
Section 7. General Powers. The governing body of the Unit
shall have all the powers necessary or convenient to carry out
the purpose of this Ordinance and such additional rights and
powers as are provided by the Constitution and statutes of the
State of Florida and the laws of the State of Florida granted
to counties and shall have all powers not otherwise prohibited
by law.
Section 8. Severability. The provisions of this Ordinance
are severable and it is the intention to confer the whole or
any part of the powers hereiu provided for and if any of the
provisions of this Ordinance shall be held unconstitutional
by any court of competent jurisdiction, the decision of such
court shall not affect or impair any of the remaining provisions
of this Ordinance. I~ is hereby declared to be the legisla~ive
intent that this Ordinance wou~d have been adopted had such
unconstitutional provision not been included therein.
Section 9. EmerKency. Be it declared ~hat an emergency
exists and the immediate enactment of this Ordinance
necessary, therefore, notice requirements are waived and
this Ordinance shall take effect immediately upon its placement
in the United States mail to the Secretary of State.
Section 10. Effective Date. This Ordinance shall become
effective immediately upon adoption and filing as provided
by law.
PASSED AND DULY ADOPTED this 18th day of DeCe~ber _ ,
1979.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Clif~ ~,~d Wenzel, C~irman
A~Dr~'J/~'~form & legal sufficiency
-' ' ~o~nty Attorney
STAT~ OF FLORIDA )
COUNTY OF COLLIER )
I, WILLL~.! J. REAGAN, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing is a
true original of:
ORDI,Ng~NCE NO. 79- 104
which ~as adopted by the Board of County. Commissioners via emergency procedures
during Regular Session December 18, 1979.
WITNESS my hand and the official seal of the Board of County Co~rissioners
of Collier County, Florida, this 18th day of December, 1979.
b'ILLL~.{ J. ,REAGAN
Clerk Of Courts and Clerk
F_x-officio to Board of
County Cortmissioners
010 %'.'-
Vir£i2~ Vmgri, D?put~lerk '"'-
This ordinance filed with the Secretary of State's Office~h~ 26th day of
December , 1979 and acknowledgement of that filing recei~d...this 28th day
of December, 1979.~ ~..,.~.,.~.~,y '.~. '.,
Depu t)/~4: ! e rk