Ordinance 2001-019ORDINANCE NO. 2001-
AN ORDINANCE REPEALING, IN ITS ENTIRETY,
COLLIER COUNTY ORDINANCE NO. 2000-82, THE
COLLIER COUNTY PELICAN BAY SERVICES DISTRICT
ORDINANCE; PROVIDING THAT COLLIER COUNTY
ORDINANCE NO. 90-111, AS AMENDED, CREATING
AND PROVIDING FOR THE PELICAN BAY MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT AND ITS
ADVISORY COMMITTEE, CONTINUE IN FULL FORCE
AND EFFECT; PROVIDING FOR INCLUSION IN CODE
OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida adopted
Ordinance No. 2000-82, known as the "Collier County Pelican Bay Services District Ordinance"
on November 28, 2000; and
WHEREAS, Ordinance No. 2000-82 provided for the repeal of Collier County Ordinance
No. 90-111, as amended, the Pelican Bay Municipal Service Taxing and Benefit Unit, upon the
initial election and assumption of office of the Board of Supervisors of the Pelican Bay Services
District; and
WHEREAS, the Board of County Commissioners of Collier County adopted Resolution
No. 2001-30, ordering and calling for the election of members to the Board of Supervisors of the
Collier County Pelican Bay Services District by qualified electors to be held by special election
on April 26, 2001, pursuant to Ordinance No. 2000-82; and
WHEREAS, the Board of County Commissioners of Collier County has since determined
that it is in the public interest to continue the operation of the Pelican Bay Municipal~Services
Taxing and Benefit Unit per Ordinance No. 90-111, as amended, and to repeal"0rdin~ce,No,
2000-82; and
WHEREAS, the initial election date for the Pelican Bay Services DCtrict B6ard ~
Supervisors has not yet occurred and the Pelican Bay Services District Board of~er~m has
not assumed office, and the Pelican Bay Municipal Services Taxing and Benefit Unit Ordinance
No. 90-111, as amended, remains in effect pursuant to Ordinance No. 2000-82; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 2000-82, THE
PELICAN BAY SERVICES DISTRICT ORDINANCE.
Collier County Ordinance No. 2000-82, the Pelican Bay Services District Ordinance, is
hereby repealed in its entirety.
SECTION TWO: CONTINUATION OF ORDINANCE NO. 90-111, AS AMENDED, THE
PELICAN BAY MUNICIPAL SERVICES TAXING AND BENEFIT UNIT
ORDINANCE.
County Ordinance No. 90-111, as amended, creating and providing for the
Taxing and Benefit Unit and its advisory committee shall
A copy of Collier County Ordinance 90-111, as amended, is
Collier
Pelican Bay Municipal Service
continue in full force and effect.
attached as Exhibit "A."
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCE
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections 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 FOUR: 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 the 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 FIVE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this lO~ day of April, 2001.
David C. Weigel ~ ~'
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES I~.~~,~~., HA-IRMAN
BY:
This ordinance flied with the
Secretary of S, tate'$ Office the
and acknowledg~nent of that
filina_recei~ed this ~gZii~, day
of ~ .~'.~/../,, ' .
SPECIAL DISTRICTS
§ 122-1651
ARTICLE LXI. PELICAN BAY MUNICIPAL
SERVICE T-~(ING AND BENEFIT LqN-IT
Supp No. 10
DIVISION 1. GENEIL~LLy
Sec. 122-1651. Created.
Pursuant to F.S. ch. 125 and article II of this
chapter, the Pelican Bay Municipal Service Tax-
ing and Benefit Unit is hereby created for the
purpose of providing street ligt~ting, water man-
agement, extraordinary law enforcement sera'ice,
beautification, including but not limited to beau-
tification of recreation facilities, sidewalk, street
and median area, identification markers, the main-
tenance of conservation or preserYe areas and to
*Editor's not.e_wOrd. No. 98-109, adopted Nov. 2.t, 1998,
repealed §§ 122-1601--122-1608 in tiwir entirety. Formerly.
said sections pertained to the children's support services
district. See tile Code Comparative Table,
'{'Editor's note--Ord. No. 98-99, adopled Nov. 2.1. 199S,
repealed §§ 122-1626--122-1630 in their entiroty. Formerly.
said sections pertained to tile 'l~rnbu~, subdivisioq street
lighting MSTU. See tile Code Comparative Table.
CD122:153
§ 122-1651 COLLIER COUNTY CODE
finance the landscaping beautification of only
that portion of U.S. 41 from Pine Ridge Road to
Vanderbilt Beach Road.
(Ord. No. 90-111, § 1; Ord. No. 99-98, § 1, 12-14-
99)
State law reference--Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
See. 122-1652. Boundaries.
The Pelican Bay Municipal Service Taxing and
Benefit Unit is comprised of and includes those
lands described as follows:
A tract of land being in portions of Sections 32
and 33, Township 48 South, Range 25 East;
together with portions of Sections 4, 5, 8 and 9,
Township 49 South, Range 25 East, Collier
County, Florida, being one and the same as the
lands encompassed by the Pelican Bay Improve-
ment District, the perimeter bounda~ of same
more particularly described as follows:
Commencing at the southeast corner of said
Section 33; thence south 89 degrees 59 minutes
50 s~conds west along the south line of Section
33 a distance of 150.02 feet to a point on the
west right-of-way line of U.S. 41 (State Road
45), said point also being the point of begin-
ning; thence southerly along the west right-of-
way line of said U.S. 41 (State Road 45) the
following courses: south 00 degrees 58 minutes
36 seconds east a distance of 2.49 feet; thence
south 00 degrees 55 minutes 41 seconds east a
distance of 3218.29 feet; thence south 01 de-
grees oo minutes 29 seconds east a distance of
3218.56 feet; thence south 00 degrees 59 min-
utes 03 seconds east a distance of 2626.21 feet;
thence south 01 degrees 00 minutes 18 seconds
east a distance of 2555.75 feet to a point on the
north right-of-way line of Pine Road as re-
corded in D.B. 50, page 490, among the public
records of said Collier County; thence depart-
ing said U.S. 41 (State Road 45) south 89
degrees 09 minutes 45 seconds west along said
north right-of-way line a distance of 2662.61
feet; thence south 00 degrees 51 minutes 44
seconds east a distance of 70.00 feet to a point
on the north line of Seagate Unit i as recorded
in Plat Book 3, page 85 among said public
records; thence south 89 degrees 09 minutes 45
seconds west along said north line of Seagate
Unit i and the south line of said Section 9 a
distance of 2496.67 feet to the southwest corner
of said Section 9; thence continue south 89
degrees 09 minutes 45 seconds west a distance
of 225 feet more or less to a point on the mean
high water line established May 15, 1968;
thence a northwesterly direction along said
mean high water line a distance 15716 feet
more or less; thence departing said mean high
water line south 80 degrees 29 minutes 30
seconds east and along the southerly line of
Vanderbilt Beach Road (State Road 862) as
recorded in D.B. 15, page 121 among said
public records a distance of 7385 feet more or
less to a point on said west right-of-way line of
U.S. 41 (State Road 45); thence south 00 de-
grees 58 minutes 36 seconds east along said
west right-of-way line a distance of 2574.36
feet to the point of beginning.
(Ord. No. 90-111, § 2)
Sec. 122-1653. Governing body.
The governing body of the unit created by this
article shall be ex officio the board of county
commissioners.
(Ord. No. 90-111, §
State law reference---Similar provisions, F.S. § 125.0112).
See. 122-1654. Purpose; powers.
The unit is formed for the purpose of providing
street lighting, water management, extraordi-
nary law enforcement service, beautification, in-
cluding but not limited to beautification of recre-
ation facilities, sidewalk, street and median areas,
identification markers, the maintenance of con-
ser~'ation or preserve areas and to finance the
landscaping beautification of only that portion of
U.S. 41 from Pine Ridge Road to Vanderbilt Beach
Road, in the above described taxing and benefit
unit and to that end shall possess all the powers
to do all things reasonably necessary to provide
such services.
(Ord. No. 90-111, § 4; Ord. No. 99-98, § 2, 12-14-
99)
Sec. 122-1655. Annual estimates of expenses;
taxation rate.
For the purpose of carrying into effect and the
administration of this article, the board of county
Supp. No. 10 CD122:154
SPECIAL DISTRICTS
commissioners shall annually, at the time re-
quired by general budgetary law, make an item-
ized estimate of the amount of money required to
carry out the business of the unit for the next
fiscal year, which shall be from October I to and
including September 30 following. The estimate
shall have for what purpose the moneys are
required and the amount necessary to be raised
by taxation within the unit. At the time and place
for fixing the annual rate of taxation for county
§ 122-165~
Snpp. No. 10 CD122:154.1
SPECIAL DISTRICTS § 122-1673
purposes, the board shall fix and cause to be
levied on all property within the unit subject to
taxation a millage sufficient to meet the require-
ments of the estimate; provided, however, the
total millage shall not exceed the millage autho-
rized by law for municipal service tax/ng or ben-
efit units.
(Ord. No. 90-111, § 5)
Sec. 122-1656. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 90-111, § 6)
Sec. 122-1657. Duties of the county adminis-
trator.
The duties of the county administrator or his
designee shall be:
(1) To admiuister the activities of the unit
created by this article in accordance with
established policies of the board of county
commissioners.
(2) To, as soon as practicable and annually
thereafter, prepare the annual budget.
(3) To provide periodic written reports to the
committee and the board of county com-
missioners on the activities of the unit
and its finances.
(Ord. No. 90-111, § 14)
Sec. 122-1658. Opportunity to comment prior
to initial implementation.
Prior to implementing any initial taxing or
assessment authority under the unit created by
this article, the board of county commissioners
shall hold a public hearing in Pelican Bay upon
reasonable notice in a local newspaper of general
circulation. Such public hearing will consider and
afford the advisory committee and the public in
general the opportunity to comment on the imple-
mentation or use of the unit's taxing and assess-
ment authority.
(Ord. No. 90-111, § 16)
Secs. 122-1659--122-1670. Reserved.
DMSION 2. ADVISORY COMMI'VI~E*
Sec. 122-1671. Creation.
Concurrent with the passage of this article, a
13 member advisory committee known as the
Pelican Bay Municipal Service Taxing and Bene-
fit Unit Advisory Committee (hereinafter "Com-
mittee") is hereby created.
(Ord. No. 90-111, § 1; Ord. No. 91-22, § 7; Ord. No.
98-113, § 1)
Sec. 122-1672. Appointment and composi-
tion.
(a) The committee shall be representative of
both residential and business interests and land-
owners in Pelican Bay.
(b) Members of the committee shall be ap-
pointed and serve at the pleasure of the board of
county commissioners. Said members shall be
permanent residents and electors of the county.
(c) Appointment of members to the committee
shall be by resolution of the board of county
commAssioners, which resolution shall set forth
the date of appointment and the term of office.
(Ord. No. 90-111, § 8)
Sec. 122-1673. Terms of office.
(a) The initial terms of office of the comm/ttee
shall be as follows:
(1) Five members shall be appointed for a
term of two years.
(2) Five members shall be appointed for a
term of three years.
(3) Five members shall be appointed for a
term of four years.
Thereafter, each appointment or reappointment
shall be for a term of four years.
(b) A member of the committee may be reap-
pointed by the board of county commissioners for
one successive term, if there are no other quali-
*Cross reference--Boards, commissions, committees and
authorities, § 2-816 et seq.
Supp. No. 8 CD122:155
§ 122-1673 COLLIER COUNTY CODE
fled applicants for the member's position. Appoint-
ments to fill any vacancies on the committee shall
be for the remainder of the unexpired term of
office.
(Ord. No. 90-111, § 9; Ord. No. 91-22, § 2)
Sec. 122-1674. Removal from office; failure
to attend meetings.
(a) Any member of the committee may be
removed from office by a majority vote of the
board of county commissioners.
(b) If any member of the committee fails to
attend two consecutive committee meetings with-
out a satisfactory excuse or if a member is absent
from more than one-half of the committee's meet-
ings in a given fiscal year, the committee shall
declare the member's seat to be 'vacant and the
vacancy shall be filled by the board of county
commissioners.
(Ord. No. 90-111, § 10)
Sec..122-1675. Officers; quorum; rules of pro-
cedure.
(a) At its earliest opportunity, the membership
of the committee shall elect a chairman and
vice-chairman from among the members. Officers'
terms shall be for one year, with eligibility for
reelection.
(b) The presence of seven or more members
shall constitute a quorum of the committee nec-
essary to take action and transact business. In
addition, an affirmative vote of a majority of the
members present shall be necessary in order to
take action, except that an affirmative vote of
seven or more members present shall be required
to adopt the budget for the unit.
(c) The committee shall, by majority vote of
the entire membership, adopt rules of procedure
for the transaction of business and shall keep a
record of meetings, resolutions, findings and de-
terminations.
(Ord. No. 90-111, § 11; Ord. No. 91-22, § 3; Ord.
No. 98-113, § 2)
Sec. 122-1676. Reimbursement of expenses.
Members of the committee shall serve without
compensation, but shall be entitled to receive
reimbursement for expenses reasonably incurred
in the performance of their duties upon prior
approval of the board of county commissioners.
(Ord. No. 90-111, § 12)
Sec. 122-1677. Functions, powers and du-
ties.
The functions, powers and duties of the com-
mittee shall be as follows:
(1) To aid, assist and provide input to the
county administrator and the board of
county commissioners in carry/ng out the
purposes of the Pelican Bay Municipal
Service Taxing and Benefit Unit as set
forth in this article.
(2) Upon any decision by the board of county
commissioners to dissolve, merge or oth-
erwise change or discontinue the func-
tions or services provided by the Pelican
Bay Improvement District, the committee
shall be prepared to and shall aid, assist
and provide input to the county adminis-
trator and the board of county commis-
sioners, within the time frame requested,
in effectuating a smooth and expeditious
transfer of street lighting, water manage-
ment and beautification services, respon-
sibilities and obligations to the unit.
(3) If requested by the county administrator
or board of county commissioners, to pre-
pare a.n.d.recommend to the board of county
comm~ssmners an itemized budget of the
amount of money required to carry out
the business of the unit for the next fiscal
year.
(4) To recommend work programs and prior-
ities to the county administrator in accor-
dance with the adopted budget or budget
amendments which may be adopted by
the board of county commissioners in ac-
cordance with law. The execution of work
programs shall be under the direct super-
vision and responsibility of the county
administrator or his designee. Said work
may be performed under contract (in ac-
cordance with law) or by county forces.
(Ord. No. 90-111, § 13)
Supp. No. 8 CD122:156
SPECIAL DISTRICTS § 122-1751
Sec. 122-1678. Review process.
This committee shall be reviewed once every
four years commencing in 1995, in accordance
with the procedures contained in chapter 2, arti-
cle VIII, division 2 of this Code.
(Ord. No. 90-111, § 2)
Ui{I)INANCE NO, 2UO0- 22
AN ORDINANCE ASIENi}iNG COLLIER COUNTY
OI{I}INANCE NO. 9U-III, AS AMi£NIJED, WliiCI!
CREATED TIlE i'ELICAN BAY MUNICIPAL
SERVICE TAXING AND BENEI;IT UNIT;
AMENDING SECTION SEVEN, CREATION OF TIlE
PEIACAN ilAY BIUNICIPAL SERVICE TAXING
AND llENEFIT UNIT ADVISORY COSIMI'rTEE, TO
PROVIDE lrOR TilE REDUCTION OIr'l'llE SIZE OF
TilE i'EIACAN BAY MUNICIPAl., SERVICE
TAXING ANI) UENEFIT UNIT ADVISORY
CO5II~ii'i'TEE; ASIENDING SECTION ELEVEN,
Oiq:ICERS; QUORUM; RULES OF PROCEDUi{E,
TO PROVIDE VOl{ A liEIJUC'I'iON IN TIlE
NUMBER OF [~lEfilliEl{S REQUIRED VOR A
QUOi{Ul~i TO CONDUCT IIUSINESS AND TO TAKE
ACTION; i'ROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND
I'I{OVllJiNG FOIl AN EIqq~:C'I'iVE
?EIVEI].
NOW TilEREFOIiE, BE IT ORDAINED IIY TIlE BOARD OF COUNTY
COI~iBilSSIONI,:IiS O!7 COLLIEli COUNTY, FI,OiIIDA, TIIAT:
SECTION ONE.
A,nendmeul Io Section Seven of Collier Courtly Ordinance
No. 90-11 I, us amended.
Section Seven of Collier Courtly Ordinauce No. 90-11 i, as amended, is hereby
amended as follows:
SECTION SEVEN. Creation of Iht l'clican Bay IHunicipai Service 'l'ax{llgaud~
Bcncfi! Unil advisory Commilluc. m~ ~
Concuncut with Iht passage of lhc Ordinance, ~hiflee~ an~l~ve~W ~
{i i) member advisory committee known as thc Pelican Bay Municipal ~icc~ ~'~
Taxing and ~euclit Unil Advisory Commillce (hcrcinaller 'Commitlc~is ~
hereby created. ~ o
SECTION TWO. Amc, ldmcnt to Section Elcveu of Collier County Ordi,lance
No. 90~ 1 I I, as amended.
Section Eleven of Collier Courtly Ordinance No. 90-111, as amended, is hereby
amended as follows:
SECTION ELEVEN. Officers; Quorum; Rules of Procedure.
A) At ils earliest opportuoi{y, lbo membership of the Committee shall elect a
Chairman and Vice Chairman I?om among Iht nmmbcrs. Ofliccrs' terms shall be for one
(i) year, w/ih cligibilily for rc-clcclion.
B) The presence of seven (7) six ~6) or more members shall constitute a quorum
of Ihe Committee necessary to take action and transact business. In addition, an
affimmtive vote of a majority of Iht members prcscn! shall bo necessary in order Io take
Words uude[~lqeq are addllions, words struek-thr~ugh are deletions.
C) Thc Commillcc shall, by majorily vole ul' thc cnlirc membership, adupL rules
o~ procedure ~ur Ihc Iransacliun ur business m~d shall kccp a [ccord uf meetings,
resolutions, 5ridings and dclcmfinaliuns.
SECTION FOUl{, hmlusim] in Code o~Laws and Ordinances.
Thc provisions of Ihis O~dinuncc shall bccumc and bc ma(lc a I)mt ur Iht Code o{
Laws and Ordinance o~ Collier Cmmly, Florida. Thc sccliu.s o~ Iht ordi.ancc may bc
rcnumbercd or rclcllcrcd Io accomplish such, and Iht word "ordinance: may bc chm~gcd
Io "scclion," "arliclc," or any ulhcr appropriate wol'd.
SECTION FIVE: Conilici and Scvcrabilily.
In thc cvcn~ Ihis Ordina.cc conBicls with any olhcr ordinance uECollicr Courtly
or olhcr apl)licablc law, Iht more rcslriclivc shall apply. Ir any phrase or porlion u~ Ihis
Ordinance is held invalid or unconstitutional by any court o~compclcnt jurisdiclion, such
portion shall b¢ deemed a separate, distinct and indcpcndcnl provision and such holding
shall nol uflbcl lllc validily oFihc remaining i)orliml.
SECTION SIX: Eflbclive Dale.
This Ordinance shall become effcclivc upon liling wilh Ihe Department orStalc.
PASSED AND DULY ADOPTED by lhe Board of County Commissioners of Collier
County, Florida, this [ [ ~ dayof ~, 2000.
ATTEST:
DWIGHT E. BROCK. Clerk
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Comlly AIIorHcy
iiOARD OF ~.C~IJN'I'Y COMMISSIONERS
COLLIE!I COU~'I'Y, FLORIDA
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Words .fTderlllledJ are mhllllmls, words slF.eh-ihru.llh are (lelelimls.
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 copy of:
ORDIND2qCE NO. 2001-19
Which was adopted by the Board of County Commissioners on
the 10th day of April, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this llth day
of April, 2001.
DWIGHT E. BROCK'
Clerk of Courts amd Clerk
Ex-officio to B~ard~,bf
County Commissign~
By: Ellie Hoffman,, ..
Deputy Clerk