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Ordinance 2015-64 ORDINANCE NO. 2015- 6 4 AN ORDINANCE CREATING THE DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING, TO ADOPT THE UNIFORM NON- AD VALOREM METHOD OF COLLECTION PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, that portion of Della Drive north of Brantley Lane for approximately 0.75 miles, hereinafter referred to as "Della Drive," is currently a private roadway and not maintained by the County; and WHEREAS, the responsibility for the maintenance of Della Drive lies with no one entity or individual,but rather falls to the individual property owners; and WHEREAS, based on concerns raised by Fire Chief Kingman D. Schuldt of the Greater Naples Fire Recue District, it has become apparent that upon recent assessment of the road condition of several privately owned roadways in the Golden Gate Estates area Della Drive has large portions that have been deemed impassable for fire rescue apparatus during emergency conditions; and WHEREAS, on September 24, 2013, the BCC passed Resolution No. 2013-221 establishing a procedure under which public funds could be used for emergency repairs of private roads to allow the passage of emergency vehicles; and WHEREAS, on October 13, 2015, using the procedure established in Resolution 2013- 221, the BCC directed the County Manager to make emergency repairs and bring back an Ordinance to establish an MSBU for the recovery of funds expended to make the repairs and an MSTU for the purposes of making future emergency repairs to Della Drive; and WHEREAS, Della Drive emergency repairs were completed on October 15, 2015 at a cost of$5,162.33 and WHEREAS, it is recommended that a Della Drive Municipal Service Benefit Unit (MSBU) is created for the purpose of levying assessments and repaying the County for the repairs made to the road. 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 sections 197.3632 and 197.3635 and Chapter 2095-Florida Statutes, and other applicable provisions of Law. Page 1 of 5 SECTION TWO Creation of the Municipal Service Benefit Unit There is hereby created and established the Della Drive Municipal Service Benefit Unit hereinafter referred to as the "MSBU." The properties within the Municipal Service Benefit Unit and its boundaries are as described on the attached composite Exhibit "A"that is incorporated by reference. SECTION THREE Purpose and Governing Body The MSBU is created for the purpose of levying assessments and repaying the County for the repairs made to the road. The governing body of the MSBU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR Funding and Levy of Taxes The apportionment of the assessable costs of this action is based on direct and special benefit factors for each parcel. The directly benefited method is based on the front footage of the properties adjacent to Della Drive whose property fronted the improvement (Tracts 20, 21 and the northern 412.5 feet of Tract 40, Section 24, Township 49S, Range 26E, Naples Farm Estates as recorded in Plat Book 4, Page 34, dated January 8, 1956). The footage dimensions shown on the final assessment roll has been taken directly or calculated from the County Tax Assessment Maps and are not based on field surveys. For the purpose of implementing this Ordinance, the Board of County Commissioners established an itemized list of properties with an estimated frontage of each property. 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 MSBU subject to taxation, a non-ad valorem tax with a summation of assessment and the cost of collecting such assessments, and shall add to the non-ad valorem tax bill of each property the amount of the assessment. Assessment and collection shall cease upon collection of$5,162.33 funding the emergency repairs to Della Drive. 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. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the assessment roll, which is attached hereto as Exhibit "B" and incorporated herein. The preliminary assessment roll is hereby confirmed and made final and adopted as the final non-ad valorem assessment roll for purposes of utilizing the uniform method of collection. Upon adoption of this Ordinance and in accordance with Florida Statute 197.3635, the Tax Collector shall prepare and mail by first class mail to the property owners, at the address listed on the final assessment roll, an assessment bill for the full amount of the assessment plus any associated costs. Any assessment may be paid at the office of the Tax Collector within sixty (60) days from the date of adoption hereof, without interest. SECTION SIX Duties of the County Manager or His Designee The duties of the County Manager or his or her designee shall be: A. To aid and assist the Board of County Commissioners in carrying out the purposes Page2of5 of the MSBU in accordance with established practices and policies of the Board of County Commissioners and as set forth in this Ordinance. B. To coordinate the imposition of special assessments to provide funding for the MSBU in accordance with the guidance provided by the Board. SECTION SEVEN 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 EIGHT 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 renumbered or re-lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or any other appropriate word. SECTION NINE 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, thisck-V\ day of December, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By. / 4 - 0 -rest as to Cheirman's TIM NANCE, CHAIRMAN signature only. y:. Approvaas'to=form and legality: Jenni er A. Belpedio Q-� (, Assistant County Attorney This ordinance filed with the Secretary of State's Office the JQ!'day of r 0t and acknowledgement of thc4 filing received this (Oh (ay 8y ilir - ii Page 3 of 5 Exhibit "A" DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT GEOGRAPHIC BOUNDARIES The boundaries of the DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT (MSBU) shall comprise all that land located in Collier County, Florida, and specifically described as: Naples Farms Sites, Tracts 20, 21 and the northern 412.5 feet of Tract 40 Section 24, Township 49S, Range 26E,Naples Farm Estates as recorded in Plat Book 4, Page 34, dated January 8, 1956. 1 a 61732780000 61732400001 fr----'� t `' 61732880003 . 1%11• $ 111 2' ; 61732040005 61732640007 f' 1 , 4 61732000003 61732360002 i 61732120006 61733000208 1 • .. . . y, 61732480005 61732280001 i -�' '' 61732160008 61733000507 , ' '•`1i••I'" 61732920002 61731960005 61733000303. 61732840001 I 61733000400 61732520004 1 61732960004 61732560006 — �0 4't r i 61732200007 61732320000 -61732720008 61732600005 . 617244 , Y a i 61731920003 16440003 � '"R ' ! .• * t , 61732800009 61732240009 ► '• i 11 ramp .,. - 817320009.'I + [' • a w "~ . 61733880400 81733880303 71k 4' e ' 1 1 .a 61733880507 1733880507 61733560005 A E .. I wr ' .t� i.....--ii Ti f� rn i . 61733880206 61733880109 * L _, n1 1;s V 61733400000 a 4`y'd j 61733440002 — r- . s -- i 61733880552 J f I W.', r - e 81733040004' 61733840000 s 1141 1W 61733180004 61733520003 t 61733120005 4, tit; ,' — - 81733360001 r 617336800081 > \ 61733720007 - 61733320009 _- t VI,— ` 4 61733160007 •. 61733600004 " E - 61733240008 I `*.._ 61733880002 • 61733080006 61733760009 A _ _ ----- ,� Is , 3 RI. v11f MI a , 61733200006 61733800008 ` .I Y. gS • 61733640006 61733880804 ti =`?y¢ . / ,.r..►' 4.,a - r 61737000008 61736840007 *f 81736960000 - " I ''i".. % i%*:. z 61736720004 1 ;IV'.'.1 w a 'Th-ir,°l 61736800005' 61737640109 4 - "�r ,i '. ._. C 03 '+_ ' 61736660005 61737640206 "4.4.. : f Itt w y i W Collar County Appraiser o.oI lc rKumal uo n Systems 2015 Aerial Photography . . bow 'ME OFFICE Of TIE COLLIER COUNTY PROPERTY ' asranExaawnaANY LARRY INFORMATION normEO �runOrS POT rVTUxrnE ACCURACY r nasmroRMATION y""», Page 4 of 5 Exhibit"B" Uniform Method of Collection Folio Frontage Folio Frontage 61731920003 82.5 61733560005 82.5 61731960005 82.5 61733600004 82.5 61732000003 82.5 61733640006 82.5 61732040005 82.5 61733680008 82.5 61732080007 82.5 61733720007 82.5 61732120006 82.5 61733760009 82.5 61732160008 82.5 61733800008 82.5 61732200007 82.5 61733840000 82.5 61732240009 165.0 61733880002 82.5 61732280001 82.5 61733880109 82.5 61732320000 82.5 61733880206 82.5 61732360002 82.5 61733880303 82.5 61732400001 82.5 61733880400 82.5 61732440003 82.5 61733880507 82.5 61732480005 82.5 61733880552 82.5 61732520004 82.5 61733880604 82.5 61732560006 82.5 61736680005 82.5 61732600005 82.5 61736720004 82.5 61732640007 82.5 61736800005 82.5 61732680009 165.0 61736840007 165.0 61732720008 82.5 61736960000 165.0 61732760000 82.5 61737000008 82.5 61732800009 0.0 61737640109 82.5 61732840001 82.5 61737640206 82.5 61732880003 82.5 61732920002 82.5 61732960004 82.5 61733000206 82.5 61733000303 82.5 61733000400 82.5 61733000507 82.5 61733040004 82.5 61733080006 82.5 61733120005 82.5 61733160007 82.5 61733200006 82.5 61733240008 165.0 61733230000 0.0 61733320009 165.0 61733360001 165.0 61733400000 82.5 61733440002 165.0 61733480004 82.5 61733520003 82.5 c Page 5 of 5 ,Th j .....,,, 7.4. -_-* FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 11, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Martha Vergara, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2015-64,which was filed in this office on December 10, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 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