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Agenda 11/10/2015 Item #16D11 11/10/2015 16.D.11. EXECUTIVE SUMMARY Recommendation to authorize the advertisement of the attached Ordinances establishing the Della Drive Municipal Service Benefit Unit for the repayment of funds used to make emergency repairs and Municipal Service Taxing Unit to fund and levy not to exceed five (5) mils per year of Ad Valorem Taxes for future emergency repairs to Della Drive when necessary. OBJECTIVE: To repair and maintain a severely deteriorated private road, to a level that would allow homeowners and emergency vehicles normal use of the lane. CONSIDERATIONS: On September 28, 2015 Greater Naples Fire Recue District Chief Kingman D. Schuldt advised the County in a report that as a result of the information provided by numerous citizens, the Fire Rescue District conducted a number of site visits to the subject areas to assess the condition of several privately owned roadways located in Golden Gate Estates. The assessment reported that the road condition along Della Drive had large portions that have been deemed impassable for fire rescue apparatus during emergency conditions. On October 13, 2015, using the procedure established in Resolution 2013-221, the BCC directed the County Manager to make emergency repairs and bring back an Ordinance to establish an MSBU for the recovery of funds expended to make the repairs and an Ordinance to establish an MSTU for the purposes of making future emergency repairs, if needed,to Della Drive. The proposed boundary of the MSBU has been drawn to include only those properties that are adjacent to areas repaired on Della Drive (Tracts 20, 12, and the northern 412.50 feet of Tract 40) and the boundary of the MSTU has been drawn to include those properties that must utilize Della Drive to enter and exit the respective property. The proposed map is included in the Ordinances establishing the respective district which are attached to this Executive Summary. In conjunction with the adoption of the proposed Ordinance, the Board will consider a Resolution authorizing the use of the uniform method of collecting non-ad valorem special assessments within the Della Drive Lane MSBU, allowing for the collection of the special assessments through the annual ad valorem tax bill. Given the advertising requirements for this Resolution (four consecutive weeks prior to its approval) the proposed Ordinance and Resolution will be before the Board no sooner than its first meeting in December. To get this on next year's tax bill, by statute, a copy of this Resolution must be sent to the property appraiser,the tax collector, and the Department of Revenue by January 10th (or if the property appraiser,tax collector, and local government agree to an extension, March 10th). Approval of the Della Drive MSBU Ordinance will set in motion a series of fiscal steps including: (1) Creation of the Della Drive MSBU Fund and related Cost Center; and (2) A mechanism to use an approved Uniform Method of Collecting of non-ad valorem Special Assessment levied on those parcels within the defined district. Additionally, the approval of the Della Drive MSTU Ordinance will also establish the budget based upon certified taxable value and applied millage rate. Based upon a projected taxable value equal to $2,584,876, taxes based upon five (5) mils would raise approximately $12,924.38 annually for future emergency repairs of a three quarter mile of lime rock road. Packet Page-1173- 11/10/2015 16.D.11. Although Della Drive is privately owned by the property owners adjacent to it, Road Right-of-Way and Drainage Easements are not necessary to make necessary emergency repairs. FISCAL IMPACT: The cost of advertising the proposed Ordinance and Resolution is estimated not to exceed $300.00, and is available in the Public Transit and Neighborhood Enhancement Operating Fund (001), Cost Center 163601. LEGAL CONSIDERATIONS: This item is approved for form and legality and required a majority vote for Board approval.—JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorizes the advertisement of the attached Ordinances and Resolution establishing the Della Drive Municipal Service Benefit Unit for the repayment of funds used to make emergency repairs and Municipal Service Taxing Unit to fund and levy not to exceed five (5) mils per year of Ad Valorem Taxes for future emergency repairs to Della Drive, if needed. Prepared By: Michelle Arnold, Public Transit&Neighborhood Enhancement Division Director Attachments: 1)Proposed MSBU Ordinance 2)Proposed MSBU Resolution 3)Proposed MSTU Ordinance 4)Tax Collector-Property Appraiser Agreement 5) Work Order Report Della Drive Emerg. Repairs Packet Page -1174- 11/10/2015 16.D.11 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.11. Item Summary: Recommendation to authorize the advertisement of the attached Ordinances establishing the Della Drive Municipal Service Benefit Unit for the repayment of funds used to make emergency repairs. Meeting Date: 11/10/2015 Prepared By Name: ArnoldMichelle Title: Division Director-Pub Tran&Nbrhd Enh,Public Transit&Neighborhood Enhancemt 10/20/2015 7:49:34 PM Submitted by Title: Division Director-Pub Tran&Nbrhd Enh,Public Transit&Neighborhood Enhancemt Name: ArnoldMichelle 10/20/2015 7:49:35 PM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 10/22/2015 11:56:01 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 10/22/2015 11:56:40 AM Name: TownsendAmanda Title: Division Director-Operations Support, Public Services Department Date: 10/23/2015 12:44:13 PM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 10/24/2015 9:17:40 AM Packet Page-1175- 11/10/2015 16.D.11 . Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 11/2/2015 4:38:08 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/4/2015 9:45:56 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 11/4/2015 12:15:52 PM Packet Page-1176- 11/10/2015 16.D.11T ORDINANCE NO.2015- AN ORDINANCE CREATING THE DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING, TO ADOPT THE UNIFORM NON- AD VALOREM METHOD OF COLLECTION PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILTTY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, that portion of Della Drive north of Brantley Lane for approximately 0.75 miles, hereinafter referred to as "Della Drive," is currently a private roadways and not maintained by the County;and WHEREAS,the responsibility for the maintenance of Della Drive lies with no one entity or individual,but rather falls to the individual property owners;and WHEREAS,based on concerns raised by Fire Chief Kingman D. Schuldt of the Greater Naples Fire Recue District, it has become apparent that upon recent assessment of the road condition of several privately owned roadways in the Golden Gate Estates area Della Drive has large portions that have been deemed impassable for fire rescue apparatus during emergency conditions;and WHEREAS, on September 24, 2013, the BCC passed Resolution No. 2013-221 establishing a procedure under which public funds could be used for emergency repairs of private roads to allow the passage of emergency vehicles;and WHEREAS, on October 13, 2015, the BCC requested Staff revise its procedures to allow for more expedient establishment of an MSTU for the purposes of making emergency repairs;and WHEREAS, on October 13, 2015, using the procedure established in Resolution 2013- 221, the BCC directed the County Manager to make emergency repairs and bring back an Ordinance to establish an MSBU for the recovery of funds expended to make the repairs and an MSTU for the purposes of making future emergency repairs to Della Drive; and [15-ATM-00317/1220539/lJ Page 1 of 7 Packet Page-1177- (rr) 11/10/2015 16.D.11 . WHEREAS, Delia Drive emergency repairs were completed on October 15, 2015 at a cost of$5,162.33 and WHEREAS, it is recommended that a Della Drive Municipal Service Benefit Unit (MSBU)is created for the purpose of levying taxes and repaying the County for the repairs made to the road. 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 Section 125.01, and sections 197.3632 and 197.3635 and Chapter 200, Florida Statutes, and other applicable provisions of Law. SECTION TWO Creation of the Municipal Service Benefit Unit There is hereby created and established the Della Drive Municipal Service Benefit Unit hereinafter referred to as the"MSBU."The properties within the Municipal Service Benefit Unit and its boundaries are as described on the attached composite Exhibit"A"that is incorporated by reference. SECTION THREE Purpose and Governing Body The MSBU is created for the purpose of levying taxes and repaying the County for the repairs made to the road. The governing body of the MSBU shall be the Board of County Commissioners of Collier County,Florida. SECTION FOUR Funding and Levy of Taxes The apportionment of the assessable costs of this action is based on direct and special benefit factors for each parcel. A. Direct Benefited factor(s). The directly benefited method is based on the front footage of the properties adjacent to Della Drive whose property fronted the improvement (Tracts 20, 21 and the northern 412.5 feet of Tract 40). The footage dimensions shown on the final assessment roll has been taken directly or calculated from the County Tax Assessment Maps and are not based on field surveys. For the purpose of implementing this Ordinance, the Board of County Commissioners [15-ATM-00317/1220539/1] Page 2 of 7 Packet Page-1178- il 11/10/2015 16.D.11 . established an itemized list of properties with an estimated amount required to be paid by each property owner. 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 MSBU subject to taxation, a non-ad valorem tax with a summation of assessment and the cost of collecting such taxes,and shall add to the non-ad valorem tax bill of each property the amount of the assessment. Assessment and collection shall cease upon collection of $5,162.33 funding the emergency repairs to Della Drive,plus all costs in establishing and administering the MSBU. SECTION FIVE Tax Assessment and Collection 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. Such assessment are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the assessment roll, which is attached hereto as Exhibit `B" and incorporated herein. The preliminary assessment roll is hereby confirmed and made final and adopted as the final non-ad valorem assessment roll for purposes of utilizing the uniform method of collection. Upon adoption of this Ordinance and in accordance with Florida Statute 197.3635, the Tax Collector shall prepare and mail by first class mail to the property owners, at the address listed on the final assessment roll, an assessment bill for the full amount of the assessment plus any associated costs. Any assessment may be paid at the office of the Tax Collector within sixty (60)days from the date of adoption hereof, without interest. SECTION SIX Duties of the County Manager or His Designee The duties of the County Manager or his or her designee shall be: A. To aid and assist the Board of County Commissioners in carrying out the purposes of the MSBU in accordance with established practices and policies of the Board of County Commissioners and as set forth in this Ordinance. B. To coordinate the imposition of special assessments to provide funding for the MSBU in accordance with the guidance provided by the Board. SECTION SEVEN Conflict and Severahility 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 Page 3 of 7 Packet Page-1179- �`•7 11/10/2015 16.D.11. 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. 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 November,2015. An EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk OF COLLIER COUNTY,FLORIDA By: TIM NANCE, CHAIRMAN Approved as to form and legality: Jennifer A.Belpedio {�, yN5 Assistant County Attorney �p1''`4 [15-ATM-00317/1220539/1] Page 4 of 7 Packet Page -1180- 1Y-:" 11/10/2015 16.D.11 . Exhibit"A" DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT GEOGRAPHIC BOUNDARIES The boundaries of the DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT (MSBU) shall comprise all that land located in Collier County,Florida,and specifically described as: Naples Farms Sites,Tracts 20,21 and the northern 412.5 feet of Tract 40 Section 24,Township 49S,Range 26E,Naples Farm Estates as recorded in Plat Book 4,Page 34,dated January 8, 1956. • ► } [15-ATM-00317/1220539/1] Page 5 of 7 Packet Page-1181- i 11/10/2015 16.D.11 . i ! • Air. , . .• . ; __..,....._ . f.•,t,...„•.,.„,a . ..0 Ore_r• •.4Z001e.2...,: L:11 , • ' r • I • 4- 4,...' a ...• armacosor -,,-, , -.., 017326100112 • ', - -..... 61733000303,M • ' . --nr! .... 1, , - _ "II— "14 (A ",''I? . "''"• '.`•1111- ' 4I.-• 01732720008 . • - -- . i...... maimet,..N.. cil.L....:,....._LL:i 11- :.7,., . '4 ._. .c3: ,F-777,11,14t.) Di ...7=-1 IV 4. , r i 41Mb 41. . i • '"S'',' .... •1736100300 61 ,•-' ''1 4 4 737a11/552 • Olt- , 733610044. • - ,..., Ii -- ,.. • nu.,,- _ 6173338001 61 -- .■, 14 . ---, •1/337200ff Illir 1 6173111•.,, . . .... - - " A- -•t:11- •i - . –.1. 81733080002- .;i7/ - °imams ac.-r-77---, : ar k"'",,.?i 01733840008 6 ';."---.•–•- 111.--''' . 3173011007 3173011007 . 61736720004 , - -4.4 5 'kr.-'; . 41,..- -.-,„ 1 :17 11 . 731600006'611370111801 ., . .., . 617J0810105,. ,,, • ,....,,, coftroimir popsy Ageraks. ei. A 4111110101111dommllsa sprig. It rmulpspew 114111 WPM 0•19•01311.1•00unwelopmr■ aniMIIIMMICIUMIlininamiummuminialem *V%'V. . .ir- .110401111NNIMuSOPBOHOTIPAINNNTINI mulleTOPTIONIKININNO 1/4Nir I ■ - % [15-ATM-00317/1220539/11 Page 6 of 7 Packet Page-1182- - — 11/10/2015 16.D.11 . Exhibit"B" Uniform Method of Collection Folio Frontage 61731920003 82.5 61733240008 165.0 61731960005 82.5 61733280000 0.0 61732000003 82.5 61733320009 165.0 61732040005 82.5 61733360001 165.0 61732080007 82.5 61733400000 82.5 61732120006 82.5 61733440002 165.0 61732160008 82.5 61733480004 82.5 61732200007 82.5 61733520003 82.5 61732280001 82.5 61733560005 82.5 61732320000 82.5 61733600004 82.5 61732360002 82.5 61733640006 82.5 61732400001 82.5 61733680008 82.5 61732440003 82.5 61733720007 82.5 61732480005 82.5 61733760009 82.5 61732520004 82.5 61733800008 82.5 61732560006 82.5 61733840000 82.5 61732600005 82.5 61733880002 82.5 61732640007 82.5 61733880109 82.5 61732680009 165.0 61733880206 82.5 61732720008 82.5 61733880303 82.5 61732760000 82.5 61733880400 82.5 61732800009 0.0 61733880507 82.5 61732840001 82.5 61733880552 82.5 61732880003 82.5 61733880604 82.5 61732920002 82.5 61736680005 82.5 61732960004 82.5 61736720004 82.5 61733000206 82.5 61736800005 82.5 61733000303 82.5 61736840007 165.0 61733000400 82.5 61736960000 165.0 61733000507 82.5 61737000008 82.5 61733040004 82.5 61737640109 82.5 61733080006 82.5 61737640206 82.5 61733120005 82.5 61733160007 82.5 61733200006 82.5 [15-ATM-00317/1220539/1] Page 7 of 7 Packet Page -1183- °" 11/10/2015 16.D.11 . it RESOLUTION NO. 2015 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED UPON CERTAIN PORTIONS OF THE UNINCORPORATED AREA OF THE COUNTY DESCRIBED HEREON; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the "Board") of Collier County, Florida (the "County") is establishing a Municipal Services Benefit Unit ("MSTBU") to make emergency repairs to Della Drive in the amount of$5,162.33; and WHEREAS, the Board is also establishing a Municipal Services Taxing Unit("MSTU") for on-going future maintenance of Della Drive; and WHEREAS, the Board intends to use the uniform method for collecting non-ad valorem special assessments to fund the MSBU as authorized by Section 197.3632, Florida Statutes, as it may be amended, because this method will allow such special assessments to be collected annually commencing in November 2016, in the same manner as provided for ad valorem taxes; and WHEREAS,the Board held a duly advertised public hearing prior to the adoption of this resolution ("Resolution"), proof of publication of such hearing being attached hereto as EXHIBIT A; and BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 1. Commencing with the Fiscal Year beginning on October 1,2016, and with the tax statement mailed for such Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes, as it may be amended, to collect special assessments imposed over one year to fund the cost of providing emergency roadway improvements to Della Drive. Such non-ad valorem assessments may be levied within a portion of the unincorporated area of the County. A legal description of such area that may be subject to the imposition of such special assessment is attached hereto as EXHIBIT B and incorporated herein by reference. 2. The Board hereby determines that the levy of such non-ad valorem assessments is needed to fund the cost of providing emergency roadway improvements within the area [15-ATM-00317/1220542/1] Packet Page -1184- 11/10/201516.D.11 . described in EXHIBIT B hereto. 3. Upon adoption, the Clerk of the Circuit Court, as Clerk to the Board, is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Collier County Tax Collector, and the Collier County Property Appraiser by January 10, 2016. 4. This Resolution shall take effect immediately upon its adoption. THIS RESOLUTION ADOPTED, after motion, second and majority vote on this the —day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TIM NANCE, CHAIRMAN Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney z \`� [15-ATM-00317/1220542/1] Packet Page -1185- . 11/10/2015 16.D.11 . EXHIBIT A PROOF OF PUBLICATION OF NOTICE OF HEARING [15-ATM-00317/1220542/1] Packet Page-1186- .rl } 11/10/2015 16.D.11 . EXHIBIT B LEGAL DESCRIPTION The following parcels are included within the boundaries of the Della Drive Municipal Service Benefit Unit: Naples Farms Sites, Tracts 20, 21 and the northern 412.5 feet of Tract 40 Section 24,Township 49S, Range 26E, Naples Farm Estates as recorded in Platt Book 4, Page 34, dated January 8, 1956. Folio Frontage Folio Frontage 61731920003 82.5 61733160007 82.5 61731960005 82.5 61733200006 82.5 61732000003 82.5 61733240008 165.0 61732040005 82.5 61733280000 0.0 61732080007 82.5 61733320009 165.0 61732120006 82.5 61733360001 165.0 61732160008 82.5 61733400000 82.5 61732200007 82.5 61733440002 165.0 61732240009 165.0 61733480004 82.5 61732280001 82.5 61733520003 82.5 61732320000 82.5 61733560005 82.5 61732360002 82.5 61733600004 82.5 61732400001 82.5 61733640006 82.5 61732440003 82.5 61733680008 82.5 61732480005 82.5 61733720007 82.5 61732520004 82.5 61733760009 82.5 61732560006 82.5 61733800008 82.5 61732600005 82.5 61733840000 82.5 61732640007 82.5 61733880002 82.5 61732680009 165.0 61733880109 82.5 61732720008 82.5 61733880206 82.5 61732760000 82.5 61733880303 82.5 61732800009 0.0 61733880400 82.5 61732840001 82.5 61733880507 82.5 61732880003 82.5 61733880552 82.5 61732920002 82.5 61733880604 82.5 61732960004 82.5 61736680005 82.5 61733000206 82.5 61736720004 82.5 61733000303 82.5 61736800005 82.5 61733000400 82.5 61736840007 165.0 61733000507 82.5 61736960000 165.0 61733040004 82.5 61737000008 82.5 61733080006 82.5 61737640109 82.5 61733120005 82.5 61737640206 82.5 ii [15-ATM-00317/1220542/1] rr5 i Packet Page-1187- ( ' j 11/10/2015 16.D.11. ORDINANCE NO. 2015- AN ORDINANCE CREATING THE DELLA DRIVE MUNICIPAL SERVICE TAXING UNIT; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR FUNDING; PROVIDING FOR THE LEVY OF NOT TO EXCEED FIVE (5) MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, that Della Drive is currently a private roadway and not maintained by the County; and WHEREAS, based on concerns raised by Fire Chief Kingman D. Schuldt of the Greater Naples Fire Recue District, it has become apparent that upon an inspection of the road condition of several privately owned roadways in the Golden Gate Estates area Della Drive has large portions that have been deemed impassable for fire rescue apparatus during emergency conditions; and WHEREAS, the responsibility for the maintenance of Della Drive lies with no one entity or individual, but rather falls to the individual property owners; and WHEREAS, on October 13, 2015, using the procedure established in Resolution 2013- 221, the BCC directed the County Manager to make emergency repairs and bring back an Ordinance to establish an MSTU for the recovery of funds expended to make the repairs and for the purposes of requiring ongoing repairs to Della Drive; and WHEREAS, Della Drive emergency repairs were completed on October 15, 2015 at a cost of $5,162.33 within the area along Della Drive located in Tract 20, 21 and the northern 412.5 feet of Tract 40; and WHEREAS, the Board has determined that the creation of a municipal service taxing unit is the best method for implementing and funding future emergency roadway repairs located therein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA: SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to the provisions of Chapter 125, Florida Statutes, and [15-ATM-00317/1220541/1] Packet Page-1188- • 11/10/2015 16.D.11 . other applicable law. SECTION 2. CREATION OF THE MUNICIPAL SERVICE TAXING UNIT. There is hereby created and established the Della Drive Municipal Service Taxing Unit (the "MSTU"). The properties within the MSTU and its boundaries are as described on the attached composite in EXHIBIT A attached hereto and incorporated herein by reference. SECTION 3. PURPOSE AND GOVERNING BODY. The MSTU is created for the purpose of providing emergency roadway repairs, which may include attendant facilities, such as drainage. The governing body of the MSTU shall be the Board. SECTION 4. LEVY OF TAXES. For the purpose of implementing this Ordinance, the Board 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 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 shall fix and cause to be levied on all properties within the MSTU, subject to taxation, a millage rate not to exceed five (5) mils per year. SECTION 6. TAX ASSESSMENT AND COLLECTION. 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 7. DUTIES OF THE COUNTY MANAGER. The duties of the County Manager or his or her designee shall be: (a) To aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU in accordance with established practices and policies of the Board of County Commissioners as set forth in this Ordinance; (b) To coordinate the imposition of special assessments to provide funding for the MSTU in accordance with the guidance provided by the Board of County Commissioners; (c) To conduct a neighborhood information meeting to gather input and discuss an itemized annual budget of the MSTU for the next fiscal year; (d) To prepare and recommend to the Board of County Commissioners an itemized annual budget of the amount of money required to carry out the business of the MSTU for the next fiscal year; and [15-ATM-00317/1220541/1] Packet Page-1189- 11/10/2015 16.D.11. (e) 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. SECTION S. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of the 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 9. 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. SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect 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 , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCIC, CLERK By: , Deputy Clerk TIM NANCE, CHAIRMAN Approved as to form and Legality: Jennifer A. Belpedio \ Assistant County Attorney t■ [15-ATM-00317/1220541/1] Packet Page -1190- ,r 11/10/2015 16.D.11 . EXHIBIT A LEGAL DESCRIPTION The proposed assessment area would be located in the following potential area(known locally as "Della Drive"): Tracts 20, 21 and 40, less East 1/2 of East 1/2 of south 165' of Tract 40 and Less West 1/2 of West 1/2 of the south 165'of Tract 40 Section 24, Township 49S Range 26E, Naples Farm Estates as recorded in Plat Book 4, Page 34, dated January 8, 1956. [15-ATM-00317/1220541/11 Packet Page -1191- -„, 11/10/2015 16.D.11. Folio Frontage 61733880109 82.5 61731920003 82.5 61733880206 82.5 61731960005 82.5 61733880303 82.5 61732000003 82.5 61733880400 82.5 61732040005 82,5 61733880507 82.5 61732080007 82.5 61733880552 825 61732120006 82.5 61733880604 82.5 61732160008 82.5 61736640003 82.5 61732200007 82.5 61736680005 82.5 61732240009 165.0 61736720004 825 61732280001 82.5 61736760006 82.5 61732320000 82.5 61736800005 82.5 61732360002 82.5 61736840007 165.0 61732400001 82.5 61736880009 82.5 61732440003 82.5 61736920008 82.5 61732480005 82.5 61736960000 165,0 61732520004 82.5 61737000008 82.5 61732560006 82.5 61737040000 82.5 61732600005 82.5 61737080002 82.5 61732640007 82.5 61737120001 82.5 61732680009 165.0 61737160003 82.5 61732720008 82.5 61737200002 825 61732760000 82.5 61737320005 82.5 61732800009 0.0 61737360007 82.5 61732840001 82.5 61737400006 82.5 61732880003 82.5 61737440008 82.5 61732920002 82.5 61737480000 82.5 61732960004 82.5 61737520009 82.5 61733000206 82.5 61737560001 825 61733000303 82.5 61737600000 82.5 61733000400 825 61737640002 825 61733000507 82.5 61737640109 82.5 61733040004 82,5 61737640206 82.5 61733080006 825 61737240004 165.0 61733120005 82.5 61736600001 165.0 61733160007 82.5 61733200006 82.5 6I733240008 165.0 61733280000 0.0 61733320009 1650 61733360001 165.0 61733400000 82.5 6)733440002 165.0 61733480004 82.5 61733520003 82.5 61733560005 82.5 61733600004 82.5 61733640006 82.5 61733680008 82.5 61733720007 82.5 61733760009 82.5 61733800008 82.5 61733840000 82.5 61733880002 825 115.ATM-0031711220541/1) 1 Packet Page -1192- 15 16.D-11 ' 11/10/20 _.: ,,,7; ..,-,--::,--..:-2: ..-.' . l '"' ' '-% t" ' --•- - . . - -- ---------4 ii.,..•:.4-71 , .--- i. -.•..-_,..-;=-‘,. .14/411,-.7-,7' 4',-;-4,14:-•ft,0'_ 44,,,,,,,A, - 04,47-4::-L oil .,.- . j ',--'' ' 'r ...-- 340000f"". 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AGREEMENT FOR THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BOARD OF THE DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT (MSBU) AND DELLA DRIVE MUNICIPAL SERVICE TAXING UNIT (MSTU) TO REIMBURSE THE PROPERTY APPRAISER AND THE TAX COLLECTOR FOR SERVICES RENDERED This Agreement relates to the Della Drive Municipal Service Benefit Unit and Taxing Unit created pursuant to Ordinance Number 2015- and Ordinance Number 2015- _. This Agreement is to provide for reimbursement to the Property Appraiser and Tax Collector for services rendered in connection with the Della Drive MSBU and MSTU. This "Agreement" is made and entered into effective on January 1, 2016, by and among three parties: the Board of County Commissioners as Governing Board of the Della Drive Municipal Service Benefit Unit, ("MSBU") and Taxing Unit (MSTU), Abe Skinner in his capacity as the Collier County Property Appraiser, ("Property Appraiser"), and Larry H. Ray in his capacity as the Collier County Tax Collector, ("Tax Collector"). SECTION 1. PURPOSE. The purpose of this Agreement is for the MSBU, the Tax Collector and the Property Appraiser to establish and agree upon the undertaking of the responsibilities pursuant to Section 197.3632, Florida Statutes, in order to implement the Uniform Method for the notice, levy, collection, and enforcement of non-ad valorem assessments as directed by Resolution Number 2015- ; and to provide for reimbursement by the Board of County Commissioners as Governing Board of the Della Drive Municipal Service Benefit Unit to the Tax Collector and the Property Appraiser for all actual costs incurred by them in such activity. SECTION 2. TERM. The term of this Agreement shall commence effective on January 1, 2016, and shall run for a two year period through the end of calendar year 2017 but may be extended thereafter, at the discretion of the parties, if necessary, for any administrative purposes including but not limited to providing final payment/reimbursement to the parties. The MSBU/MSTU shall inform the Property Appraiser and the Tax Collector and the Department of Revenue by January 10 in any calendar year if the MSBU/MSTU intends to discontinue using the Uniform Method of collecting the non-ad valorem assessments referred to in this Agreement. SECTION 3. FINDINGS, RECITALS AND ACKNOWLEDGMENTS. It is hereby agreed by the parties that: (A) The MSBU is authorized to impose non-ad valorem assessments and by Resolution Number 2015- expressed its intent to use the uniform method of levy, collection and enforcement of non-ad valorem assessments as provided in Section 197.3632. Florida Statutes, under which assessments are included on an assessment roll and certified, in a compatible electronic medium tied to the property identification number, by the MSBU to the Tax Collector for merging with the ad valorem tax roll for collection by utilizing the tax notice provisions described in Section 197.3635, Florida Statutes, and for sale of tax Packet Page-1194- 11/10/2015 16.D.11 . certificates and tax deeds under the nonpayment provisions of the ad valorem tax laws (the "Uniform Method"); (B) The Uniform Method, with its enforcement provisions, including the use of tax sale certificates and tax deeds to collect delinquent annual payments, is less expensive and more equitable to the delinquent landowner than the traditional lien foreclosure methodology; (C) The Uniform Method will provide for more efficient collection by virtue of the assessment being on the tax notice issued by the Tax Collector and will produce positive economic benefits to the affected landowners and the MSBU; (D) The Uniform Method will promote local government accountability; (E) This Agreement is intended to conform to the requirement of Section 197.3632, Florida Statutes, that the MSBU, the Tax Collector and the Property Appraiser enter into a written agreement providing for reimbursement of administrative and actual costs incurred as a result of the use of the Uniform Method; such administrative and actual costs include, but are not limited to those costs associated with personnel, forms, supplies, data processing, computer equipment,postage and programming; (F) The non-ad valorem assessments to which this Agreement applies are being levied for the first time for the Della Drive Municipal Service Benefit Unit that comprises sixty-eight (68) properties abutting Della Drive as identified on the attached Exhibit "A. " Exhibit "A" defines each property by Parcel, owner and Road Frontage: and (G) This Agreement is entered into in order to provide for the use of the Uniform Method relative to non-ad valorem assessments imposed under the Della Drive Municipal Service Benefit Unit the aforementioned sixty-eight (68) properties abutting Della Drive as identified in Exhibit "A." All the identified property parcels are recorded on assessment maps in the Public Records of Collier County. Florida. SECTION 4.DUTIES AND RESPONSIIBLITIES OF THE MSBU. The Board of County Commissioners agrees that the MSBU shall: (A) Reimburse the Property Appraiser at the rate of one and one-half percent (1 '/a %) of all assessments, not later than thirty(30) days after receipt of invoice(s) for such payment(s): (B) Reimburse the Tax Collector at the rate of two percent (2%), to be withheld from the distribution(s) of collected assessments; (C) Pay for or alternatively reimburse the Tax Collector for any separate tax notices necessitated by the inability of the Tax Collector to merge the non-ad valorem assessment roll certified by the MSBU pursuant to Subsection 197.3632(7), Florida Statutes; (D) Post the non-ad valorem assessment combined notice for each parcel on the non-ad valorem assessment roll. This notice is to be presented to the Board by the Tax Collector as specified in subpart 6(A), herein. Packet Page -1195- 11/10/2015 16.D.11 . (E) By September 15th of each calendar year, cause the Chairman of the Board of County Commissioners as Governing Board of the Della Drive Municipal Service Benefit Unit, or his or her designee, to officially certify to the Tax Collector the non-ad valorem assessment roll on compatible medium, tied to the property parcel identification number, in a manner that conforms to the format of the ad valorem tax roll submitted by the Property Appraiser to the Department of Revenue; and (F) Cooperate with the Tax Collector and the Property Appraiser to implement the Uniform Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically Sections 197.3632 and 197.3635. Florida Statutes, as amended. SECTION 5. DUTIES AND RESPONSIBILITIES OF THE PROPERTY APPRAISER. The Property Appraiser shall: (A) Annually by June 1st provide the MSBU with at least the following information by compatible electronic medium: 1) The legal description of the property within the boundaries provided by the MSBU describing the subject municipal services taxing and benefit unit. 2) The names and addresses of the owners of such property. 3) The property identification number of each parcel in a manner that conforms to the format of the ad valorem roll submitted to the Department of Revenue. 4) Any other infom 1 ation reasonably needed by the MSBU to create, re-compute, reconfigure, revise, correct or otherwise formulate the non-ad valorem assessment roll. Provided, however, the Property Appraiser is not required to submit information that is not on the ad valorem roll, compatible electronic medium submitted to the Department of Revenue, or otherwise readily available and reasonably accessible from his records; and (B) Cooperate with the MSBU and the Tax Collector to implement the Uniform Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically, Sections 197.3632 and 197.3635, Florida Statutes, as amended. SECTION 6.DUTIES AND RESPONSIBILITIES OF THE TAX COLLECTOR. The Tax Collector shall: (A) Prepare a collection roll and prepare a combined notice for both the ad valorem and non-ad valorem assessments in accordance with Chapter 197, and applicable rules promulgated by the Department of Revenue and in accordance with any specific ordinances Packet Page-1196- 11/10/2015 16.D.11. and resolutions adopted by the MSBU, so long as said ordinance and resolutions shall themselves not be inconsistent with or contrary to the provisions of Chapter 197, including Section 197.3632 and Section 197.3635, Florida Statutes; (B) Collect the non-ad valorem assessments of the MSBU as certified to the Tax Collector no later than September 15th of each calendar year; provided such roll is on compatible electronic medium tied to the property identification number for each parcel and in the formal used by the Property Appraiser for the non-ad valorem roll submitted to the Department of Revenue and such roll is free of errors and omissions; (C) Cooperate with the MSBU and the Property Appraiser to implement the Uniform Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically Sections 197.3632 and 197.3635, Florida Statues, as amended; (D) Upon determining errors or omissions on any roll, request the MSBU to file a corrected roll or the correction of the anlOunt of any assessment by filing with the Tax Collector a certificate of correction, with a copy to the Property Appraiser and the Department of Revenue,pursuant to applicable rules provided by the Department of Revenue; and (E) Upon determining that a separate mailing is required pursuant to Subsection 197.3632(7), Florida Statutes, mail, or require the MSBU to mail, a separate notice of the particular non-ad valorem assessment. SECTION 7. COMPLIANCE WITH LAWS AND REGULATIONS. The parties shall abide by all statutes, rules and regulations pertaining to the levy and collection of non-ad valorem assessments, and any ordinarl ce promulgated by the MSBU, not inconsistent with nor contrary to, the provisions of Section 197.3632 and Section 197.3635. Florida Statutes, as amended and any applicable rules duly promulgated by the Department of Revenue. IN WITNESS WHEREOF the MSBU, the Tax Collector and the Property Appraiser have executed and delivered this Agreement as the date first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS GOVERNING BOARD OF THE DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT ATTEST: DWIGHT E. BROCK, CLERK Packet Page-1197- 11/10/2015 16.D.11 . By: , DEPUTY CLERK TIM NANCE, CHAIRMAN Approved as to form and Legality: Jennifer A. Belpedio Assistant County Attorney Packet Page -1198- 11/10/2015 16.D.11 . WITNESSES: COLLIER COUNTY PROPERTY APPRAISER By: Abe Skinner Print Name Print Name Packet Page-1199- 11/10/2015 16.D.11. WITNESSES: COLLIER COUNTY TAX COLLECTOR By: Larry H. Ray Print Name Print Name Packet Page-1200- Road Maintenance 11/10/2015 16.D.11 . Time Recd: 10/12/2015 2:42:20 PM COL RM Work Order Work Order # RM20898 Status Completed Complainant Issue Grading (Limerock) Issue Manager Vortherms, Jonathan Start Date/Time Assigned To Arca, Manuel Time Stopped 10/15/15 12:00 AM Work Order Add Limerock to Della Drive Street Name 23RD ST SW Intersection 16TH AVE NE Subdivision Golden Gate Estates Details Add limerock to fill in the holes on Della Dr. at the direction of the BCC for health, safety, and welfare. Desc / Notes Add limerock to fill in the holes on Della Dr. at the direction of the BCC for health, safety, and welfare. Labor-Actual Start Date ID Activity Hours Units Completed Cost 10/15/2015 01500 Dominguez, Danny 028-FACILITY AND EQUIPMENT 0.50 0.50 manhours $14.36 MAINTENANCE Subtotal: 0.50 manhours $14.36 10/13/2015 10583 Moon, Charles 029-EQUIPMENT PRE-TRIP 0.50 0.50 $14.33 INSPECTION 10/15/2015 03568 Arca Jr., Ramon 029-EQUIPMENT PRE-TRIP 0.50 0.50 $16.60 INSPECTION pre trip cc2186 and cc2115 10/15/2015 05871 Fahey, Thomas 029-EQUIPMENT PRE-TRIP 0.50 0.50 $13.01 INSPECTION pre trip cc2788 Subtotal: 1.50 $43.94 10/15/2015 01500 Dominguez, Danny 033-TRAINING & SAFETY 5.00 5.00 $143.65 MEETINGS & M.O.T. Subtotal: 5.00 $143.65 10/15/2015 05871 Fahey, Thomas 036-TRAVEL TIME 0.75 0.75 manhours $19.52 10/15/2015 01500 Dominguez, Danny 036-TRAVEL TIME 0.75 0.75 manhours $21.55 10/15/2015 03568 Arca Jr., Ramon 036-TRAVEL TIME 0.75 0.75 manhours $24.91 10/15/2015 05871 Fahey, Thomas 036-TRAVEL TIME 0.75 0.75 manhours $19.52 10/15/2015 03568 Arca Jr., Ramon 036-TRAVEL TIME 0.75 0.75 manhours $24.91 10/15/2015 01500 Dominguez, Danny 036-TRAVEL TIME 0.75 0.75 manhours $21.55 Subtotal: 4.50 manhours $131.96 Packet Page-1201- 10/13/2015 10583 Moon, Charles 431-MOTOR GRADER OPERATION 3.50 mile 11/10/2015 16.D.11 . transport cc2-186 and cc2-788 to jobat Della 10/15/2015 10583 Moon, Charles 431-MOTOR GRADER OPERATION 1.00 miles $28.66 transport cc2-788 to davis facility Subtotal: 0.00 miles $128.97 10/15/2015 03568 Arca Jr., Ramon 991-EMERGENCY MAINTENANCE 5.00 5.00 manhours $166.05 10/15/2015 05871 Fahey, Thomas 991-EMERGENCY MAINTENANCE 5.00 manhours $130.10 rolled Della Dr Subtotal: 5.00 manhours $296.15 Entry Count: 0 $759.03 Equipment -Actual Start Date ID i Activity Hours Cost 10/15/2015 CC2-115 2007 FORD F350 2W CC 030-DOWN TIME 7.50 $120.00 Subtotal: 7.50 $120.00 10/15/2015 CC2-115 2007 FORD F350 2W CC 036-TRAVEL TIME 0.75 $12.00 10/15/2015 CC2-115 2007 FORD F350 2W CC 036-TRAVEL TIME 0.75 $12.00 Subtotal: 1.50 $24.00 10/13/2015 CC2-384 2009 INTERNATIONAL 7500 431-MOTOR GRADER OPERATION 3.00 $450.00 LOW BOY TRACTOR 10/15/2015 CC2-186 2007 JOHN DEERE 670D 431-MOTOR GRADER OPERATION 8.00 $680.00 GRADER 10/15/2015 CC2-384 2009 INTERNATIONAL 7500 431-MOTOR GRADER OPERATION 1.00 $150.00 LOW BOY TRACTOR 10/15/2015 CC2-788 2013 BOMAG BW211D-50 431-MOTOR GRADER OPERATION 4.00 $192.00 ROLLER Subtotal: 16.00 $1,472.00 Entry Count: 0 25.00 $1,616.00 Material -Actual Start Date ID Activity Quantity Cost 10/15/2015 801-900 Rock Lime, Crushed 431-MOTOR GRADER OPERATION 190.00 ton $2,787.30 Delivered Subtotal: $2,787.30 Entry Count: 0 $2,787.30 Other- Actual Start Date Contractor/Vendor Activity Invoice Cost Entry Count: 0 $0.00 Total for RM20898 $5,162.33 Packet Page -1202-