Ordinance 2013-70ORDINANCE NO. 2013- 7 0
AND ORDINANCE CREATING THE LA PENINSULA
SEAWALL MUNICIPAL SERVICE BENEFIT UNIT;
PROVIDING A PURPOSE AND GOVERNING BODY;
PROVIDING FOR FUNDING; PROVIDING FOR
CREATION OF THE LA PENINSULA SEAWALL
ADVISORY COMMITTEE; PROVIDING FOR THE
DUTIES OF THE COUNTY MANAGER; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, recently the Board of County Commissioners (the "Board ") of Collier
County, Florida (the "County ") was informed that certain property owners in the geographic
area known locally as "La Peninsula" have requested the Board to coordinate the construction
and funding of seawalls and other waterway improvements to benefit the property owners in
such area; and
WHEREAS, the Board has determined that the creation of a municipal service benefit
unit is the best method for implementing and funding seawalls and other waterway
improvements located therein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to the
provisions of Chapter 125, Florida Statutes, and other applicable law.
SECTION 2. CREATION OF THE MUNICIPAL SERVICE BENEFIT
UNIT. There is hereby created and established the La Peninsula Seawall Municipal Service
Benefit Unit (the "MSBU "). The boundaries of the MSBU shall initially be as set forth in
EXHIBIT A attached hereto and incorporated herein by reference.
SECTION 3. PURPOSE AND GOVERNING BODY. The MSBU is created
for the purpose of coordinating the repair /replacement/construction and funding of seawalls to
benefit the property owners within the MSBU. The governing body of the MSBU shall be the
Board.
SECTION 4. FUNDING. For the purpose of providing funds to carry out the
purpose of the MSBU, the Board shall consider imposition of special assessments in
accordance with Chapter 122, Article 77, of the Code of Laws and Ordinances of Collier
County, Florida and other applicable law.
1
SECTION 5. CREATION OF THE LA PENINSULA SEAWALL ADVISORY
COMMITTEE.
A. Concurrent with the passage of the Ordinance, a five (5) member advisory board
to be known as the La Peninsula Seawall Municipal Service Benefit Unit Advisory Committee
(the "Advisory Committee) is hereby established in accordance with Collier County Ordinance
2001 -55.
B. Members of the Advisory Committee shall be permanent residents owning real
property within the MSBU and electors of Collier County.
C. Advisory Committee shall make recommendations to the Board of County
Commissioners concerning the following matters and subjects:
1. the selection and retention of professional engineer(s) to prepare reports, studies
and analysis concerning the scope, size, nature, design and extent of the seawall repair or
replacement project and assessment methodologies relating to the funding of the
implementation of the project, including the financing thereof.
2. the size, cost and manner of financing the seawall repair or replacement project,
including the assessment methodologies relating to the funding of the implementation of
the project.
3. the preparation of bid documents, the selection of contractors and award of
contract to perform the seawall repair or replacement project.
4. the annual budget of the MSBU.
The Advisory Committee shall report to and advise the Board on matters related to the
MSBU. The Board shall have the final authority as to any recommendation. The Advisory
Committee shall adopt procedures by which it shall operate and elect officers as it deems
necessary. All members of the Advisory Committee shall serve without compensation.
SECTION 6. DUTIES OF THE COUNTY MANAGER. The duties of the
County Manager or his or her designee shall be: (a) to administer the activities of the MSBU
in accordance with established policies of the board and guidelines adopted by the Advisory
Committee; (b) to coordinate the imposition of special assessments to provide funding for the
MSBU in accordance with the guidance provided by the Board and the Advisory Committee;
and (c) to attend all Advisory Committee meetings.
SECTION 7. CONFLICT AND SEVERABILITY. In the event this Ordinance
conflicts with any other Ordinance of the 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 8. 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 day of `Zjr .r �b�r® , 2013.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
DWIGHT E: BROCK, Clerk COLLIER QQ TY, FLORIDA
By: / , O_ C By:
ty Clerk GEO GI LER, ESQ.
Attest as t6 e Chaitman'k CHAIRWOMAN
signature,only:
Approed al Viforr
q.AQd legality:
Jeffrey
County
This ordinance filed with the
M �r�tary of �kote's flice the
�''`_ day of _�_ C _ _, __4-XG
and acknowledgement of that
fill receiv d this 't'1 day
of
By
tib-
EXHIBIT A
LEGAL DESCRIPTION
The proposed assessment area would be located in the following potential area
(known locally as "La Peninsula "):
BEGINNING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP
52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 1
DEGREE 11 MINUTES 25 SECONDS WEST FOR 30.0 FEET; THENCE RUN
NORTH 88 DEGREES 48 MINUTES 27 SECONDS WEST FOR 380.00 FEET;
THENCE RUN SOUTH 1 DEGREE 11 MINUTES 33 SECONDS WEST FOR 90.00
FEET; THENCE RUN SOUTH 20 DEGREES 32 MINUTES 44 SECONDS EAST FOR
272.34 FEET, TO A POINT ON A CERTAIN BULKHEAD LINE AS RECORDED IN
BULKHEAD LINE PLAT BOOK 1, PAGE 8, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING COURSES,
ALONG THE SAID BULKHEAD LINE: SOUTH 69 DEGREES 27 MINUTES 16
SECONDS WEST FOR 443.05 FEET; THENCE RUN SOUTH 74 DEGREES 20
MINUTES 53 SECONDS WEST FOR 900.00 FEET, TO A POINT OF CURVATURE;
THENCE RUN 496.98 FEET ALONG THE ARC OF A CURVE, CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 185.00 FEET, AND SUBTENDED BY A
CHORD HAVING A BEARING OF NORTH 28 DEGREES 41 MINUTES 32.5
SECONDS WEST AND A LENGTH OF 360.46 FEET, TO A POINT OF TANGENCY;
THENCE NORTH 48 DEGREES 16 MINUTES 02 SECONDS EAST, FOR 712.63
FEET, TO THE END OF THE BULKHEAD LINE; THENCE RUN SOUTH 88
DEGREES 48 MINUTES 27 SECONDS EAST, ALONG THE NORTH LINE OF SAID
SECTION 6, 1209.85 FEET, TO THE POINT OF BEGINNING; CONTAINING 17.81
ACRES, MORE OR LESS.
If
1907-IT 11. i r
RICK SCOTT
Governor
December 17, 2013
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101 -3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
113
RV
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2013 -70 which was filed in this office on December 17,
2013.
Sincerely,
Liz Cloud
Program Administrator
LC /elr
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us