Ordinance 2002-65 c ROE ORDINANCE NO. 2002- 6s
ORDINANCE CREATING THE ARNOLD/MERCANTILE
NUE MUNICIPAL SERVICE TAXING AND BENEFIT UNIT;
VIDING THE AUTHORITY; PROVIDING FOR THE
ATION; PROVIDING A PURPOSE AND GOVERNING BODY;
PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES,
TAXATION NOT TO EXCEED 1 MIL OF AD VALOREM TAXES
PER YEAR AND ASSESSMENT RATE; PROVIDING FOR THE
COLLECTION OF TAXES AND ASSESSMENTS; PROVIDING FOR
THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
roadwa~ z_ w~tthn '~th~
WHEREAS, Mercantile Avenue and Arnold Avenue are
unincorporated area of Collier County; and
WHEREAS, property owners within the proposed taxing district have reques~-rd~the"'dreation
of a Municipal Service Benefit Unit to pay for the improvement and repair of Arnold Avenue and
Mercantile Avenue; and
WHEREAS, the Board of County Commissioners has determined that the best method for
funding the improvement and repair of Arnold Avenue and Mercantile Avenue is by the creation of
the Arnold/Mercantile Avenue Municipal Service Taxing and Benefit 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 Chapter 125, Chapter 165 and Chapter 200,
Florida Statutes, and other applicable provisions of law.
SECTION TWO: CREATION OF THE MUNICIPAL SERVICE TAXING UNIT.
There is hereby created and established the Arnold/Mercantile Avenue Municipal Service Taxing
Unit, hereinafter referred to as "MSTBU". The boundaries of the MSTBU are as described on the
attached Exhibit "A" that is incorporated herein by reference.
SECTION THREE: PURPOSE AND GOVERNING BODY.
The MSTBU is created for the purpose of: (1) acquisition of road right of way (2) providing
maintenance and repair of the public roadways including, but not limited to, pavement, drainage and
utility facilities within the MSTBU; and (3) maintenance and repair of other public areas within the
MSTBU. The governing body of the MSTBU shall be the Board of County Commissioners of
Collier County, Florida.
Page I of 3
SECTION FOUR: ANNUAL ESTIMATES OF EXPENSES, TAXATION AND
ASSESSMENT RATE
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 MSTBU for the next fiscal year, which shall be
from October I to and including September 30 following (the "Budget"). The estimate shall
describe the purpose for which the moneys are required and the amount necessary to be raised by
taxation within the MSTBU. 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 MSTBU, subject to taxation or assessment a millage and/or assessment sufficient to meet
the requirements of the Budget, provided, however, the millage rate shall not exceed 1 mil per year.
SECTION FIVE: TAX AND ASSESSMENT AND COLLECTION.
Taxes and assessments 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. In addition, assessments shall be.
imposed and collected following the procedures set forth in Collier County Ordinance No. 98-45, as
it may be amended, or its successor ordinance, or as provided by law.
SECTION SIX: 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 MSTBU in accordance with established policies of the
Board of County Commissioners and guidelines adopted by the Committee.
B. To prepare the annual budget.
C. To provide periodic written reports to the Board of County Commissioners of the activities
of the MSTBU and its finances in accordance with established guidelines of the Board of County
Commissioners.
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.
Page 2 of 3
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
County, Florida this~.~.Ad.-, day of .~ ,2002.
Commissioners of Collier
attest as to (:halrean's
signature oal$.
Approved as to form and legal
sufficiency: ~ ~
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
JA~C,~ t~T~/rr~'an
This orc~;.ncmce f ed with the
Secre.~ar>, of 3 ate s Office the
_10~_ day of ]l~!ll~, ~
and acknowledgement of that
filing received this J~ day
h:HFA\Ord\Amold-MercantileAve-MSTU- I
Page 3 of 3
PUBLIC WORKS ENGINEERING DEPARTMENT
2685 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34112
(239) 659-5773
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO..
PARCEL NO...
FOLIO NO...
~' GEORGE R. RICHMOND ' '
PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
TRANSPORTATION ENGINEERING DEPARTMENT.
2685 SOUTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
SHEET 1 OF 1
TRANSPORTATION ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
NAPLES INDUSTRIAL PARK M.S.T.U.
BEGIN AT THE NORTH QUARTER CORNER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER
COUNTY, FLORIDA; THENCE RUN EASTERLY ALONG THE NORTH LINE OF SECTION 36 TO THE EAST LINE OF
SECTION 36; THENCE SOUTHERLY ALONG THE EAST LINE OF SECTION 36, A DISTANCE OF 730 FEET; THENCE
WESTERLY ALONG A LINE LYING 730 FEET SOUTH, AS MEASURED PERPENDICTULAR TO, THE NORTH LINE
LINE OF SECTION 36, A DISTANCE OF 425 FEET; THENCE SOUTHERLY ALONG A LINE LYING 425 FEET WEST,
AS MEASURED PERPENDICULAR TO, SAID EAST LINE OF SECTION 36 TO THE NORTH LINE OF THE SOUTH
1729.1 FEET OF THE NORTH HALF OF SAID SECTION 36; THENCE WESTERLY ALONG SAID NORTH LINE TO
THE WEST RIGHT OF WAY LINE OF COMMERCIAL BOULEVARD; THENCE SOUTHERLY ALONG SAID WEST
RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF THE PLAT OF" PROGRESS COMMERCIAL PARK" AS
RECORDED IN PLAT BOOK 26, PAGES 38-39, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
EASTERLY ALONG THE NORTH LINE OF SAID PLAT TO THE NORTHWEST CORNER OF SAID PLAT; THENCE
NORTHERLY ALONG THE EAST LINE OF THE SOUTH 1576.5 FEET OF THE EAST HALF OF THE EAST HALF OF .
WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36 TO THE NORTH LINE OF SAID SOUTH
1676.5 FEET OF THE EAST HALF OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER;
THENCE WESTERLY ALONG SAID NORTH LINE OF THE SOUTH 1676.5 FEET TO THE WEST LINE OF SAID EAST
HALF OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER; THENCE SOUTHERLY ALONG
SAID WEST LINE TO THE NORTH RIGHT OF WAY LINE OF PROGRESS AVENUE; THENCE WESTERLY ALONG
SAID NORTH RIGHT OF WAY LINE TO THE WEST LINE OF THE EAST HALF OF THE SOUTH 2005.8 FEET OF
THE WEST HALF OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 36;
THENCE NORTHERLY ALONG SAID WEST LINE TO THE NORTH LINE OF THE SOUTH 1610.2 FEET OF THE
NORTHEAST QUARTER OF SAID SECTION 36; THENCE WESTERLY ALONG SAID NORTH LINE TO THE WEST
LINE OF THE WEST HALF OF THE SOUTH 2005.8 FEET OF THE WEST HALF OF THE EAST HALF OF WEST
HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE NORTHERLY ALONG SAID WEST LINE
TO THE NORTH LINE OF THE SOUTH 1676.5 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 38;
THENCCE WESTERLY ALONG SAID NORTH LINE TO THE EAST LINE OF WEST HALF OF THE WEST HALF OF
THE WEST HALF OF THE NORTHEAST QUARTER; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE
SOUTH RIGHT OF WAY LINE OF MERCHANTILE AVENUE; THENCE WESTERLY ALONG SAID SOUTH RIGHT OF
WAY LINE TO THE CENTERLINE OF INDUSTRIAL BOULEVARD; THENCE SOUTHERLY ALONG SAID CENTERLINE
TO THE SOUTH LINE OF THE NORTH 152.33 FEET OF THE SOUTH 2005.8 FEET OF THE EAST HALF OF THE
EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER; THENCE WESTERLY ALONG SAID SOUTH
LINE TO THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST
QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE NORTH LINE OF THE SOUTH 1676.5 FEET
OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE WESTERLY ALONG SAID NORTH LINE TO THE
EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER; THENCE NORTHERLY
ALONG SAID EAST LINE TO THE NORTH LINE SAID SECTION 36; THENCE EASTERLY ALONG THE NORTH LINE
OF SECTION 36 TO THE POINT OF BEGINNING.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) R/W = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY CHECKED BY SCALE
NOT TO SCALE
PREPARED BY: __, / ~/'
GEORGE R. RICHMOND P.~.~7~;'~'~' ............
COLLIER COUNTY PUBLIC WORKS
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112
DATE I FILE NO. I
DECEMBER 20, 2001 LIVMSINP
SHEET 1 OF 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 copy of:
ORDINANCE NO. 2002-65
Which was adopted by the Board of County Commissioners on
the 3rd day of December, 2002, during Regular Session.
-WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th day
of December, 2002.
DWIGHT E. BROCK~,~-.~ ..' ~"~ '.'~..-- '. ~- :
Clerk of Cou;t.$'i~a: ~]&~k -'~ ! ~;
Ex-officio to' BoRed. o'f',. "".'~'~'~ -'J" ~
County
Commlsslon~,~.. -.~ .,~, g
. , .. ..... . ..
By: Ellie Hof fman,
Deputy Clerk