Ordinance 2002-69 ., ORDINANCE NO. 2002- 69
AN ORDINANCE CREATING THE SOUTH 8TM STREET/DOAK
WHEREAS, South 8th Street
AVENUE MUNICIPAL SERVICE TAXING AND BENEFIT UNIT;
PROVIDING THE AUTHORITY; PROVIDING FOR THE
CREATION; PROVIDING A PURPOSE AND GOVERNING BODY;
PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES;
PROVIDING FOR AD VALOREM TAXATION NOT TO EXCEED
THE MAXIMUM MILLAGE ALLOWED BY LAW PER YEAR AND
ASSESSMENT RATE; PROVIDING FOR THE COLLECTION OF
TAXES AND ASSESSMENTS; PROVIDING FOR THE DUTIES!OF
THE COUNTY MANAGER; PROVIDING FOR CONFLICT
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; PROVIDINGiFOR
AN EFFECTIVE DATE.
and Doak Avenue are private road,~
unincorporated area of Collier County; and
~,~thin the
WHEREAS, property owners within the proposed taxing district have requested the creation
of a Municipal Service Taxing and Benefit Unit to pay for paving, drainage and other related
improvements to South Eighth Street; and
WHERAS, County staff recommends an evaluation of whether paving, drainage and other
related improvements are also needed for Doak Avenue Extension; and
WHEREAS, the Board of County Commissioners has determined that the best method for
funding the acquisition of right of way, and the paving, drainage and other related improvements to
South 8th Street and Doak Avenue Extension is by the creation of the South 8th StreeffDoak 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 South 8th Street/Doak Avenue Municipal Service Taxing
and Benefit 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 for public use; (2)
providing maintenance and repair of the public roadways including, but not limited to, pavement,
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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.
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 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 and/or special
assessment 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 the maximum millage allowed by law per year.
SECTION FIVE: TAX 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.
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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 renumbercd 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 this _] ~'-- day of '"~k~O-..F-_../'G'~_..,/O-., , 2002.
Approved as to form and legal
sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
JAI~I~S N. coLE-TT,~, Chair~nan
This ordinance filed with
Secretory of State's Office th.z,
and ac~owledgement of that
received ~i~_~ day
filiDg
~uW
h:HFA\Ord\South 8t~-Doak Avenue MSTBU-AIt.
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PUBLIC WORKS ENGINEERING DEPARTMENT
2685 SoIYrH HORSESHOE DRIVE NAPLES, FLORIDA 34119
{239) 659-5773
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO..
PARCEL NO...
FOLIO NO...
nB(liN AT THE NORTliWEST CORNER OF LOT 20. BLOCK 2, OP THE PLAT THEREOF PALMETTO PARK, AS
RECORDED IN PLAT BOOK $, PAOli 4, OF Tile PUBLIC RECORDS OF COLUBR COUNTY, FLORIDA; THBNCll
SOUTHERLY ALONG THE WEST UNB OF LOTS 20 THROUGH 27, ~ W~.ST TERMINUS OF DOAK AVENUE,
AND THE ~ LINB OF LOT 10, BLOCK 4, OF SAID PLAT OF PALMBI'rO PARK TO TIlE Sou'rHwB,Tr CORNER
OF SAID LOT 10; TllENCB WESTERLY ALONG THE WESTERLY PROLONGATION OF ~ SOUTH UNE OF
SAID BLOCK 4 TO TIlE BAST RIGHT OF WAY UNB OF SOUTll 9 TII. STREET; THENCE NORTHERLY ALONG
SAID EASTERLY RIGHT OF WAY LINli OF SOUTH 9 TH. STRF. gr TO A POINT LYING 400 I~BT SOUTH O[; THE
SOUTHWliST CORNBR OF LOT4, BLOCK 2, OF'TIlE AFORESAID iq. AT OF PALMETTO PARK; TItBNCB BASTILRLY
170 ~ ALONG A LINE LYING 400 ~ SOUTH AND PARA!.~ R!_. TO, THE SOUTH LINE OF SAID lOT 4; ~
NORTHERLY ALONG A UNE LYING I'~0 I"EET EAST, AS MEASURED PERPliNDICULR TO, THB liAST RIGHT OF
WAY LINE OF SAID 9 TH. STREET TO THII SOUTH LINE OF AFORESAID BLOCK 2; THENCB BASTILRLY ALONG
TIlE SOUTH UNE OF BLOCK 2 TO TIlE POINT OF BEGINNING.
W
N
I I_ I I I ! I I I I I I
PALMETTO AVE.
2
4
PROFEBSIONAL LAND SURVEYOR-FL REG. # 2408
TRANSPORTATION ENGINEERING DEPARTMENT.
2885 SOUTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
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 and correct
copy of:
ORDINANCE 2002-69
Which was adopted by the Board of County Commissioners
on the 17th day of December, 2002, during Regular Session.
County Commissioners of Collier County, Florida,
day of December, 2002.
WITNESS my hand and the official seal of the Board of
this 19th
DWIGHT E. BROCk-'
Clerk of Cou~.~-~ro~:~
Ex officio
County Comm=~i~i~=s, ~¢;~'~
By: Terz ~ch~o'lff;
Deputy