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Ordinance 2002-70 ORDINANCE NO. 2002-. vo ORDINANCE CREATING THE LITTLE LEAGUE/TRAFFORD MS ROAD MUNICIPAL SERVICE TAXING AND BENEFIT IT; PROVIDING THE AUTHORITY; PROVIDING FOR THE oCoREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, PROVIDING FOR AD VALOREM TAXES 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 AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING ~ ';::~=~ AN EFFECTIVE DATE. :-~ .... WHEREAS, Little League Road and Lake Trafford Farms Road are private ~/t'dw~i~ wi~ the unincorporated area of Collier County; and ~! " WHEREAS, property owner~ within the proposed taxing district have requested the creation of 8 Municipal Service ~a×ing and Benefit Unit to pay for the paving, drainage and other related improvements to Little ~ague Road and ~rafford ~arms Road; and WHEREAS, County staff recommends an evaluation of whether paving, drainage and other related improvements are needed in the Christian Terrance Area which includes Hall Road, Myers Road, Christian Terrace, Christian Terrace West and Christian Terrace Extension (collectively the "Christian Terrace Area"); 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 is by the creation of the League RoadFFrafford Farms Road 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 t° 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 League Road/Trafford Farms Road 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. Page I of 3 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, 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 "Budget"). 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 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. Page 2 of 3 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 t° "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 'T)~'-~0~ , 2002. Approved as to form and legal sufficiency: H~idi F.~a~sht;n Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JA1M~N.~C---O~E~:r~ C~a~r~m'an This ordinance filed with ~cr~tor~ of State's Office aw of , o~ ac~owtedgement of thet fling r~eived this ~ d~y h:HFA\Ord\ Little League-Lake Trafford Road -Alternative MSTBU Page 3 of 3 PUBLIC WORKS ENGINEERING DEPARTMENT 2685 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 341 (239) 659-5773 .LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO.. PARCEL NO... FOLIO NO... P.O.B. 93.2 93.3 98 99.3 100 rq 100.2 91 92 95 '~ 5, 97 ~' ~' I00.1 100.3 ~ sec. ~6 ~ g:l ~ TWP. 46 $ ~ ~ ROE 28 E 148 cHef.inn ~AC~ 116 ~ 144 11146 113 LAKE TRAFFORD ROAD LEGAL DESCRIPTION BEGIN AT TIlE NORTHEAST CORNER OF TAX PARCEL (IIEREINAFTER REFERRED TO AS T.P.) 100: TIIENCE SOUTIIERLY ALONG TIlE EAST UNE$ OF T.P, 100,T.P. 100.2, T.P. 100, I, T.P. 100.3 TO TIlE SOUTHEAST CORNER OF T.P:I00.3; THENCE WESTERLY ALONG TIlE SOUTH MNE OF T.P. 100.3 TO THE NORTIIEAST CORNER OF T,P. 103; TIIENCB SOUTIIERLY ALONG Tile EAST LINB OF T.P, 103 TO TIlE SOUTIIEAST CORNER OF T.e. 103: THENCE WESTERLY ALONG TIlE SOUTII IJNE OF T.P. 103 AND T.P. 121 TO TIlE NORTIIEAST CORNER OF T.P. 104; THENCB SOUTIIBRLY ALONG TIlE EAST LINE OF T,P. 104, T.I~ 1 T.P. 143, T.P. 144, T.P. 90 TO TIlE SOUTIIEAST CORNER OF T.P. 90; TIIENCE WESTERLY ALONG Tile SOUTII LINE OF T.P. 90 AND CO{~INUE WESTI~RLY ALONG THE WESTERLY PROLONGATION OF TI lB SOIJTII LINE OP T.P, 90 TO TI IE W .ILST RIGIIT OF WAY LINE OF CIIRISTIAN TERRACE; TIIENCE NORTI{ERLY ALONG SAID WEST LINE OF CIlRISTIAN 3~RRACE TO TIlE SOl FrlIEAST CORNER OF T.P. 151; 'I]IENCF. WILql~RLY ALONG TIlE sotrlll I JNF, S Gla T.P. I$1, T,P. 10.2, TJL 10.3, T.e, lo. 10, T.P. 10.9, T.P. 10.8. '11:} TIlE EAST I.INF, OF T.P. 4: TllENCF. NORTIIERI,Y ALONG TIlE liAST LINE OIt T.P.4 TO TIlE NORTilEAST CORNER OF SAID T.P. 4; TIIENCE WESTERLY ALONG TIlE NORTI I LINE OF T.P. 4 TO TIIF. NORTIIWEST CORNER OF T.P. 4; TIIENCE sOtrl'l IEEI,Y AI.ONG THE WF. ST LINE OF T.P, 4 TO TIlE SOUTIIF-AST CORNER OF T.P, I 13: 'IllENCE WF~IERLY ALONG Till{ SOUTli LINE OF T.P. I 11, T.P, 146, T.P. 116 '1~} TIlE SOUTIIWEST CORNER OF T,P. I 16; TIIENCE NORTI IERLY ALONG 11 IE WEST LANE OF T,P, I 16, T.P. I 17, T.P. I I II, T.P, I I 8. I, T.P. I 19, T.P, 120, T.P. ~1 TO TIlE NORTIIWEST CORNER OF T,P. ~i: TIIENCE EASTERLY ALONG TIlE NORTII LINE OF T.P.g I, T.P. ~2, T.P, 93.2. T,P, g3.3, I',P. t$, T,P, g6.3, T.P. 911. I, T.P. 97, T.P. 98, T.P. 99,3, TJ'. 100 TO THE POINT OF BEGINNING. PREPARED BY .... DATE. ~' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. a 2406 ' TRANSPORTATION ENGINEERING DEPARTMENT. 26.85 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 2002-70 Which was adopted by the Board of County Commissioners on the 17th 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 19th day of December, 2002. Clerk of Ex-officio County Com~mN~ ~r~ Deputy