Ordinance 2012-17 By_ ,, - -
ORDINANCE NO. 2012-17
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2009-44 ;{THE
RADIO ROAD, EAST OF SANTA BARBARA BOULEVARD TO THE INTERSECTION
OF RADIO ROAD AND DAVIS BOULEVARD MUNICIPAL SERVICE TAXING
UNIT); AMENDING SECTION THREE, PURPOSE AND GOVERNING BODY;
AMENDING SECTION FOUR, FUNDING AND LEVY OF TAXES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on July 28, 2009, the Board of County Commissioners enacted Ordinance
No. 2009-44 creating the "Radio Road, East of Santa Barbara Boulevard to the intersection of
Radio Road and Davis Boulevard MSTU (the "MSTU")"to fund and implement the installation
of landscaping and irrigation capital improvements within that geographic area; and
WHEREAS, the MSTU's Advisory Committee requested that the Board of County
Commissioners amend and revise Sections Three and Four of Collier County Ordinance No.
2009-44; and
WHEREAS, on May 22, 2012, the Board of County Commissioners as the governing
body of the Radio Road, East of Santa Barbara Boulevard to Davis Boulevard Municipal Service
Taxing Unit approved this amendment to Ordinance 2009-44.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
SECTION ONE. Section Three, Purpose and Governing Body is hereby amended as
follows:
Section Three. Purpose and Governing Body.
The MSTU is created for the purpose of providing landscaping and sprier-systems
irrigation capital improvements for the section of Radio Road from Santa Barbara Boulevard east
to Davis Boulevard. This MSTU - .. - - .- _ .
shall be dissolved upon recommendation by the MSTU Advisory
Committee and approval by the Board of County Commissioners, after payment of all
indebtedness incurred for the project, and completion of the project.
SECTION TWO. Section Four, Funding and Levy of Taxes is hereby amended as follows:
SECTION FOUR. Funding and Levy of Taxes.
For the purpose of implementing 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 MSTU for the next fiscal year, which
shall be from October 1 to and including September 30 following, until the project is either
completed, all related indebtedness is paid and the MSTU is dissolved as provided in Section•Three • - - • °, - - . The estimate shall describe the
purpose for which the moneys are required and the amount necessary to be raised by taxation
within the MSTU. 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 properties within the MSTU subject to
taxation a millage rate not to exceed .5 mils per year.
SECTION THREE. 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 court of competent jurisdiction holds any
phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR. Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and may be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed to
"Section,""Article,"or any other appropriate word.
SECTION FIVE. Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida this 22nd day of May, 2012.
BOARD OF COUNTY COMMISSIONERS
ATTEST: 'A COLLIER COUNTY, FLORIDA
DWIG .. K, CLERK
• , . A B W.
By:
-3
FRED W. COYLE, CHAI
Approved as to form and
Legal sufficiency:
See/ _
Scott R. Teach
Deputy County Attorney
This ordinonce filed with the
Secretory of State's Office ths,
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and acknowledgement f that
filin received this (r day
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B
I
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2012-17
which was adopted by the Board of County Commissioners
on the 22nd day of May, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of May, 2012 .
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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Tr. `
By: Martha Vigara,t•,
Deputy Clef) J`
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