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Ordinance 2017-41 ORDINANCE NO. 2017- 41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 2009-44, AS AMENDED, KNOWN AS THE RADIO ROAD, EAST OF SANTA BARBARA BOULEVARD TO THE INTERSECTION OF RADIO ROAD AND DAVIS BOULEVARD MUNICIPAL SERVICE TAXING UNIT(MSTU)ORDINANCE; IN ORDER TO END THE LEVY OF AD VALOREM TAXES AND DISSOLVE THE MSTU'S ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 28, 2009, the Board of County Commissioners (Board) enacted Ordinance No. 2009-44 creating the Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit (the "MSTU") to fund and implement the installation of landscaping and irrigation capital improvements within that geographic area; and WHEREAS, on January 31, 2012, a majority of the qualified electors within the MSTU approved a bond referendum election for the issuance of up to $649,000 of general obligation bonds payable from ad valorem taxes levied on all taxable property within the MSTU; and WHEREAS,on May 22,2012,the Board approved a Resolution for a loan to finance the costs of various capital improvements within the MSTU; and WHEREAS, on May 22, 2012, the Board approved Ordinance No. 2012-17, amending Ordinance No. 2009-44, providing for the accelerated funding of the construction of the median beautification project through a loan and further providing for dissolving the MSTU "upon recommendation by the MSTU Advisory Committee and approval by the Board of County Commissioners, after payment of all indebtedness incurred for the project and completion of the project"; and WHEREAS, on June 12, 2013, the landscape construction on Radio Road East medians was completed; and WHEREAS,on June 28,2016,the Board of County Commissioners approved reinstating the Landscape Beautification Master Plan designating an addition of approximately fifty miles of medians of arterial roadways to be landscaped and maintained by the Growth Management Department which included the portion of Radio Road maintained by the MSTU; and 1 WHEREAS, the loan financing the landscaping and irrigation capital improvements within the MSTU geographic area was satisfied in November of 2016; and WHEREAS, on July 12, 2017 the MSTU Advisory Committee voted 5-0 to recommend that the Board of County Commissioners dissolve the MSTU and its advisory committee. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE. Dissolution of the Radio Road,East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit and associated Advisory Committee. Ordinance No. 2009-44, as amended byOrdinance No. 2012-17, is herebyrepealed is its P entirety, and with it,the MSTU District and Advisory Committee are hereby dissolved. SECTION TWO. 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 the 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 THREE.Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County, Florida. The section 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 FOUR. Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. 2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida thisZ'Wr day of , 2017. :'"'';',-r ac. obc� r,, r ATTEST. BOARD OF COUNTY COMMISSIONERS DWIOFICD TIRO O R, lerk COLLIE' _1��, TY, FLORIDA � litI t' 1 ' It ' to By; Al:.est s'tt3il;lrE3'S Penny���mak, Char s gnatur on!y. Appr,` edi?S, form and legality: .# , Jeffrey, . .z ow, County Attorney r,i This ordinance filed with the 5 r spry of Stat�'s Office rhe. day of DL-ta tfofl 050 I and acknowledgement of hat filin rec iv d this o26 a Y of e- -2-g yC 3 w itp. 76*--ii:its44,, p7):4 .: „,,, 1„,..ti--4::: mob. FLORIDA DEPARTMENT Of STATE r RICK SCOTT KEN DETZNER Governor Secretary of State October 26, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, 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. 2017-41, which was filed in this office on October 26, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us