Ordinance 2001-076 ORDINANCE NO. 2001-,
~Ai',',~*t ~._.-g%~.~/AN ORDINANCE CREATING THE LIVINGSTON ROAD PHASE II
PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION;
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING
FUNDING AND THE LEVY OF NOT TO EXCEED TWO (2) MILS OF
AD VALOREM TAXES PER YEAR; PROVIDING FOR THE
COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE
LIVINGSTON ROAD PHASE II BEAUTIFICATION ADVISORY
COMMITTEE; APPOINTMENT AND COMPOSITION; PROVIDING
FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE;
PROVIDING FOR OFFICERS OF THE ADVISORY COMMITTEE;
QUORUM; RULES OF PROCEDURE; PROVIDING FOR
FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY
COMMITTEE; PROVIDING FOR DUTIES OF THE COUNTY
MANAGER OR HIS DESIGNEE; PROVIDING FOR REVIEW
PROCESS OF ADVISORY COMMITTEE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Livingston Road between Golden Gate Parkway and Pine Ridge Road,
hereinafter referred to as "Livingston Road - Phase II", will be improved with a new roadway,
sidewalk and curbing; and
WHEREAS, the County has received inquiries from several developments adjacent to
Livingston Road - Phase II relating to the installation and maintenance of landscaping and
decorative lighting improvements; and
WHEREAS, the Livingston Road corridor, including Livingston Road - Phase II may
qualify for public funding of basic landscape or other improvements in the future, but any
funding will be insufficient to complete the objectives of a landscape and beautification project
for this area; and
WHEREAS, the Board of County Commissioners has determined that the best method
for funding the installation and maintenance of enhanced improvements and for funding any
desired future improvements within the area known as Livingston Road - Phase II is by the
creation of the Livingston Road - Phase II Beautification Municipal Service Taxing Unit.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Authority
This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200,
Florida Statutes, and other applicable provisions of law.
Page I of 5
SECTION TWO. Creation of the Municipal Service Taxing Unit
There is hereby created and established the Livingston Road Phase II Beautification
Municipal Service Taxing Unit, hereinafter referred to as "MSTU". The boundaries of the
MSTU are as described on the attached Exhibit "A" that is incorporated herein by reference.
SECTION THREE. Purpose and Governing Body
The MSTU is created for the purpose off (1) Providing curbing, watering facilities,
plantings and maintenance of the median strips and edges of roadways within the MSTU; (2)
Providing enhanced street lighting and sidewalks within the MSTU; and (3) Beautification and
maintenance of other public areas within the MSTU as determined by the Advisory Committee.
The governing body of the MSTU shall be the Board of County Commissioners of Collier
County, Florida.
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. 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 of County Commissioners shall fix and cause to be levied on all properties
within the MSTU, subject to taxation, a millage rate not to exceed two mils per year.
SECTION FIVE. Tax Assessment and Collection
Taxes herein provided for shall be assessed and collected in the same manner and form as
provided for the assessment and collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
SECTION SIX. Creation of the Livingston Road - Phase II Beautification
Advisory Committee; Appointment and Composition
A. There is hereby created and established the Livingston Road - Phase II Beautification
Advisory Committee, hereinafter referred to as the "Committee".
B. The Committee shall consist of five (5) members that generally represent the area within the
MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the
Board of County Commissioners. Said members shall be permanent residents within the
MSTU and electors of Collier County. The Board of County Commissioners shall consider
appointment of members from different subdivisions or communities within the MSTU.
Page 2 of 5
C. Appointment of members to the Committee shall be by resolution of the Board of County
Commissioners, which resolution shall set forth the date of appointment and the term of
office.
D. 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.
SECTION SEVEN. Terms of Office of the Advisory Committee
The initial terms of office of the Committee shall be as follows:
A. Two (2) members shall be appointed for a term of two (2) years.
B. Two (2) members shall be appointed for a term of three (3) years.
C. One (1) member shall be appointed for a term of four (4) years.
Thereafter, each appointment or reappointment shall be for a term of four (4) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the
unexpired term of office.
SECTION EIGHT. Officers of the Advisory Committee; Quorum;
Rules of Procedure
A. At its earliest opportunity, thc membership of the Committee shall elect a chairman and vice
chairman from among the members. Officer's terms shall be for one (1) year, with eligibility
for re-election.
B. The presence of three (3) or more members shall constitute a quorum of the Committee
necessary to take action and transact business.
C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for
the transaction of business and shall keep a written record of meetings, resolutions, findings
and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall
be submitted to the Board of County Commissioners.
D. Committee member attendance requirements, including failure to attend meetings and
member removal from office are governed by Ordinance No. 2001-55, as it may be amended,
or by its successor Ordinance.
SECTION NINE. Functions, Powers and Duties of the Advisory Committee
The functions, powers and duties of the Committee shall be as follows:
A. To aid and assist the Board of County Commissioners in carrying out the purposes of the
MSTU as set forth in this Ordinance.
Page 3 of 5
B. To recommend to the Board of County Commissioners an itemized budget of the amount of
money required to carry out the business of the MSTU for the next fiscal year. In carrying
out this responsibility, the Committee shall, no later than April 1 of each year, meet with the
County Manager or his designee and outline to the County Manager or his designee those
projects which the Committee wishes to see accomplished during the next fiscal year. Based
upon this information, the County Manager or his designee shall prepare a proposed budget
for the MSTU in accordance with standard County guidelines regarding the preparation of
budgets. This proposed budget shall then be reviewed by the Committee and, upon approval
by the Committee, be transmitted through the County manager or his designee to the Board
of County Commissioners for adoption in accordance with procedures for the adoption of
budgets set forth under general law and the Board of County Commissioners' policy. Should
the Committee fail to approve a budget by June 1 of each year, the County Manager or his
designee shall be authorized to submit a proposed budget to the Board of County
Commissioners.
C. The Committee shall recommend work programs and priorities to the County Manager or his
designee in accordance with the adopted budget or budget amendments that may be adopted
by the Board of County Commissioners. The execution of work programs shall be under the
direct supervision and responsibility of the County Manager or his designee. Said work may
be performed under contract (in accordance with law) or by County forces.
D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation
of the MSTU, subject to approval by the Board of County Commissioners.
SECTION TEN. Duties of the County Manager or His Designee
The duties of the County Manager or his designee shall be:
A. To administer the activities of the MSTU in accordance with established policies of the
Board of County Commissioners and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section Nine, Paragraph B, above.
C. To provide periodic written reports to the Committee and the Board of County
Commissioners of the activities of the MSTU and its finances in accordance with established
guidelines of the Board of County Commissioners and/or the Committee.
D. Attend all Committee meetings.
Page 4 of 5
SECTION ELEVEN. Review Process
This Advisory Committee shall be reviewed once every four (4) years commencing 2005,
in accordance with the procedures contained in Collier County Ordinance No. 2001-55, as it may
bc amended, or its successor Ordinances.
SECTION TWELVE. 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 this 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 THIRTEEN. Inclusion in the Code of Laws and Ordinances
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 rcnumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOURTEEN. Effective Date
This Ordinance shall be effective 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 ~_ ~..~.~ ~-.,[~, 2001.
ATTEST:
DWIGH,,T,' E ~12t~%Clerk
Approved as to fora and
le al sufficie cy
~eid~F.'AshtOn
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~-
JAME~--I~. CARTER, Ph.D., Chairman
This ordinance filed with the
Secrei;ary of .S~ate's ~Dffice the
and acknowledgement of that
filin~ received this
Page 5 of 5
TRANSPORTATION ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
SCALE - FEET
0 1200 2400
SKETCH OF
NOT A
DESCRIPTION
SURVEY
INGSTON ROAD M.8.T.U. II
+2321 ACRES
TRANSPORTATION ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
LIVINGSTON ROAD M.S.T.U. II
BEGIN AT THE POINT OF INTERSECTION OF THE CENTERLINE OF GOLDEN GATE PARKWAY AND THE EAST
RIGHT OF WAY LINE OF AIRPORT ROAD (C.R. 31); THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF
WAY LINE OF AIRPORT ROAD TO THE SOUTHWEST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE
25 EAST; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 13 TO THE SOUTHWEST CORNER
OF THE PLAT OF "KENSINGTON", PHASE FOUR, AS RECORDED IN PLAT BOOK 30, PAGES 42-45; THENCE
NORTHERLY ALONG THE WEST LINE OF KENSINGTON PHASE FOUR AND PHASE ONE TO THE SOUTHWEST
CORNER OF TRACT 2, KENSINGTON PHASE ONE; THENCE WESTERLY ALONG THE SOUTH LINES OF LOTS
7,6,5,4,3,2, BLOCK "D" TO THE WEST LINE OF SAID PLAT OF KENSINGTON PHASE ONE; THENCE NORTHERLY
ALONG SAID WEST LINE TO THE SOUTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) THENCE EASTERLY
TO THE NORTHEAST CORNER OF AFORESAID SECTION 13; THENCE CONTINUE ALONG SAID SOUTH RIGHT OF
WAY LINE TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE
SOUTHERLY ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF SAID SECTION 18; THENCE
EASTERLY ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF TO THE NORTHWEST CORNER
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTHERLY ALONG
THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER TO THE NORTHWEST CORNER TO
THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER; THENCE EASTERLY
ALONG SAID NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER TO THE NORTH-SOUTH QUARTER SECTION LINE; THENCE SOUTHERLY ALONG THE
NORTH-SOUTH QUARTER SECTION LINE TO THE NORTH LINE OF SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID NORTH LINE OF SECTION 19 TO THE WEST
RIGHT OF WAY LINE OF INTERSTATE 75; THENCE SOUTHERLY ALONG SAID WEST RIGHT OF WAY LINE OF
INTERSTATE 75 TO THE SOUTHEST CORNER OF SAID SECTION 19; THENCE WESTERLY ALONG SAID SOUTH LINE
OF SECTION 19 TO THE CENTERLINE OF LIVINGSTON ROAD (C.R. 881); THNCE SOUTHERLY ALONG SAID CENTERLINE
OF LIVINGSTON ROAD TO THE CENTERLINE OF GOLDEN GATE PARKWAY; THENCE WESTERLY ALONG SAID
CENTERLINEOF GOLDEN GATE PARKWAY TO THE EAST RIGHT OF WAY LINE OF AIRPORT ROAD AND TO
THE POINT OF BEGINNING.
GENERAL NOTES
P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) RIW = RIGHT OF WAY
?) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
'-" 5 I
o./- 2_
PREPA?EDB~Y: /' /~
.............
EORGE R. RICHMOND P.L'S-2406
COLLIER COUNTY PUBLIC WORKS
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112
DATE
OCTOBER 30, 2001
FILE NO. I
LIVMS2 SHEET 1 OF 1
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:
ORDINANCE NO. 2001-76
Which was adopted by the Board of County CommlssloR~rsC~n
the llTH day of December, 2001, during Regular Session
WITNESS my hand and the official seal of the Boar~f
County Commissioners of Collier county, Florida, this 17th
of December, 2001.
DWIGHT E. BROCK
Clerk of Cour~,~,,,a,n~,,~lerk
Ex-officio
County