Ordinance 2003-17ORDINANCE
ORDINANCE NO. 2003 - 17
CREATING THE NAPLES
PARK
~EA
UNDERGROUND POWER LINE MUNICIPAL SERVICES TA~G_~
UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR ~E~
CREATION OF THE MUNICIPAL SERVICES TAXING l~q~; --
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING~R co
ANNUAL ESTIMATES OF EXPENSES, PROVIDING FOR~D ~
VALOREM TAXES; PROVIDING FOR THE COLLECTION OF TAXES;
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. ~
WHEREAS, it has become known to the residents and owners of properties located in the
North Naples - Naples Park and nearby areas that Florida Power & Light (FPL) has pending
plans to construct overhead power lines (also referred to as "feeder lines" or "transmission
lines") along 91st Avenue North between 8th Street North and Vanderbilt Drive; and
WHEREAS, residents and representatives of some of the neighborhoods have spoken to
the Board of County Commissioners addressing their concerns relating to the pending
construction of such overhead power lines, including aesthetic issues and the loss of trees and
greenery in the construction/placement area for these power lines; and
WHEREAS, the Board of County Commissioners learned from FPL that an estimate of
cost for said power lines to be constructed underground rather than overhead is in the amount of
$58,689.00; and
WHEREAS, the Board of County Commissioners has been requested by many affected
residents in the vicinity of the pending overhead power lines to assist in obtaining an
underground construction, and that, if necessary and appropriate, that the owners in the area pay
to achieve such result; and
WHEREAS, the Board of County Commissioners at its public meetings of February 11
and 18, 2003, considered and directed staff to draft and advertise a municipal services taxing ~unit
ordinance to provide for a one year tax levy to obtain $70,000 to pay the additional cost for FPL
to construct the 91st Avenue North power lines underground and the governmental cost of the
MSTU; and
WHEREAS, the Board of County Commissioners has determined that the best method
for funding the costs of assuring that FPL construct the 91st Avenue North power lines
underground is by the creation of the Naples Park Area Municipal Services Taxing Unit.
Page 1 of 3
NOW, THEREFORE, BE 1T 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 and Chapter 200, Florida
Statutes, and other applicable provisions of law.
SECTION TWO: CREATION OF TIlE MUNICIPAL SERVICE TAXING UNIT.
There is hereby created and established the Naples Park Area Underground Power Line
Municipal Services 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 of providing adequate funding to pay all the construction
and MSTU administration costs to achieve the underground construction of high power
distribution/transmission lines along 91st Avenue North from about Eighth Street North to
Vanderbilt Drive. The governing body of the MSTU shall be the Board of County
Commissioners of Collier County, Florida.
SECTION FOUR: ANNUAL ESTIMATES OF EXPENSES, AND TAXATION 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 MSTU 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 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 sufficient to meet the requirements of
the Budget. It is anticipated that there shall be a one-time tax levy for Fiscal Year 2003-04 and
that thereafter no additional tax levy will be required.
SECTION FIVE: TAX AND ASSESSMENT AND COLLECTION.
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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: DUTIES OF THE COUNTY MANAGER OR HIS/HER DESIGNEE.
The duties of the County Manager or his/her designee shall be:
A. To administer the activities of the MSTU in accordance with established policies of
the Board of County Commissioners.
B. To prepare the annual budget.
C. To provide periodic written reports to 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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 22.ad day of t~O~ ,2003.
%
ATTEST:
Dwight E. Brock.: CLERK
DEPUTY'C~R~
Appro~ed.~fib' fora and legal sufficiency:
David C. Weigel
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER~NT~7~IDA ·
Tom Henning, CHAIRMAN Or
This ordinance filed with the
Secretary of State's Office the
and acknowledgement of that
filing received this ~ clay
Page 3 of 3
tilTH AVENUE NO
II " 7
EXHIBIT
PUBLIC WORKS ENGINEERING DEPARTMENT'
2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104
(239) 659-5773
PROJECT NO ..........
PARCEL NO ..............
FOLIO NO...
TAX PARCEL NO ...........
I.EGAL DESCRIPTION (NOT A SURVEY)
BEGIN AT THE POINT OF INTERSECTION OF THE WEST RIGHT OF WAY LINE OF U.S. 41, TAMIAMI TRAIL
NORTH AND THE SOUTH RIGHT OF WAY LINE 111 TH. AVENUE NORTH; THENCE RUN SOUTHERLY
ALONG SAID WEST RIGHT OF WAY LINE OF U.S. 41 TO THE POINT OF INTERSECTION OF THE NORTHERLY
RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD (C.R. 862),; THENCE NORTHWESTERLY ALONG THE
NORTHERLY RIGHT OF WAY LINE OF SAID VANDERBILT BEACH ROAD TO THE POINT OF INTERSECTION
OF SAID NORTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD AND THE EAST LINE OF THE
VANDERBILT LAGOON; THENCE NORTHERLY ALONG SAID EAST LINE OF THE VANDERBILT LAGOON AND
THE WEST LINE OF TAX PARCEL 11 AND THE WEST LINE OF THE CONDO" REGATTA AT VANDERBILT
BEACH"; THENCE EASTERLY, SOUTHERLY, AND EASTERLY ALONG THE BOUNDARY OF SAID VANDERBILT
LAGOON TO THE SOUTHWEST CORNER OF LOT 1, BLOCK "G" OF THE PLAT THEREOF "CONNER'S
VANDERBILT BEACH ESTATES UNIT NO. 2 "AS RECORDED IN PLAT BOOK 3, PAGE 17, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHERLY ALONG THE WEST LINE OF LOTS 1
THROUGH LOT 6 TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE EASTERLY, NORTHERLY, AND
EASTERLY ALONG THE NORTHERLY BOUNDERY OF SAID LOT 6 TO THE WEST RIGHT OF WAY LINE OF
VANDERBILT DRIVE; THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE OF VANDERBILT DRIVE
TO THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE AFORESAID 111 TH. AVENUE NORTH;
THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF 111 TH. AVENUE NORTH TO THE POINT OF
BEGINNING.
~' GEORGE R. RICHMO~'I~ ...........................
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
TRANSPORTATION ENGINEERING DEPARTMENT.
2685 HORSESHOE DRIVE SOUTH
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 copy of:
ORDINANCE NO. 2003-17
Which was adopted by the Board of County Commissioners on
the 22nd day of April, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd day
of April, 2003.
DWIGHT E. BROCK ~_~
Clerk of Courts and Ci~
Ex-officio"~o B°~rd o~rn
County-~ ~ ~s~e r s
By':