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Agenda 04/24/2012 Item #16A124/24/2012 Item 16.A.12. EXECUTIVE SUMMARY Recommendation to authorize staff to advertise an amendment to Collier County Ordinance No. 2009 -44, The Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit (MSTU) Ordinance, to remove the six -year sunset provision and provide for dissolution of the MSTU upon recommendation by the MSTU Advisory Committee and approval by the Board of County Commissioners. OBJECTIVE: Staff is requesting permission to advertise an amendment to Ordinance Number 2009 -44 to remove its existing six -year sunset provision and provide for dissolution of The Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit (MSTU) upon recommendation by the MSTU Advisory Committee and approval by the Board of County Commissioners after the landscape and irrigation project is completed and all indebtedness, which is in the process of being financed, is paid. CONSIDERATIONS: On July 28, 2009, the Board of County Commissioners established the MSTU. The Committee has been meeting since October 2010 and in that short time has hired a landscape architect and developed preliminary plans for the beautification of the roadway. When the Ordinance establishing the MSTU was created, it contained a six -year sunset provision. With the downturn in property values it will take several years to accrue the funds needed for the construction of the project. On March 29, 2011, the MSTU Advisory Committee held a public meeting for review of preliminary project plans for landscaping & irrigation on Radio Road between Santa Barbara Boulevard and Davis Boulevard. There were 41 residents who attended that publicly advertised meeting representing the various communities within the MSTU boundary. The overwhelming comments received during the meeting indicated that the community wanted to see the project done as soon as possible and that the MSTU should pursue financing to advance the construction to take advantage of lower contractor pricing. On June 14, 2011, the MSTU Advisory Committee Chairman petitioned the Board of County Commissioners seeking direction for staff assistance in acquiring a loan for the landscape and irrigation installation project. The Board directed staff to assist the MSTU in obtaining the appropriate financing to advance the project. In order to meet the MSTU Committee's financial goals, a referendum question was posed to the qualified electors residing within the MSTU to determine whether they agreed that the capital improvements project should be financed through a loan and whether the ad valorem taxes already being levied can be utilized to repay said loan. County staff worked with the Supervisor of Elections office to coordinate the timeline to submit the referendum question for the Presidential Preference Primary. On January 31, 2012, voters within the MSTU approved utilizing the existing ad valorem property taxes to support a loan not to exceed $649,000, with a maturity no longer than 10 years. Packet Page -646- 4/24/2012 Item 16.A.12. Now that the voters have approved pursuing a loan, the existing ordinance must be amended to remove the six -year sunset provision to cover the period of time for payment of all outstanding indebtedness and completion of the project. The proposed amendment to the Ordinance is attached and authorization is sought to advertise the amended Ordinance so that it can be brought back to the Board for final consideration and approval. FISCAL IMPACT: The fiscal impact consists of the cost of advertising the proposed amendment to the Ordinance, which is approximately $260.00. Funding for this expense is available in the MSTU Fund 166. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. GROWTH MANAGEMENT IMPACT: There is no growth management impact with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners grant staff permission to advertise a proposed amendment to Collier County Ordinance Number 2009 -44, to remove the current six -year sunset provision and provide for dissolution of the MSTU, upon recommendation by the MSTU's Advisory Committee and approval by the Board of County Commissioners, after completion of the landscape and irrigation project is completed and all indebtedness, which is in the process of being financed, is paid. Prepared By: Darryl Richard, Project Manager, Department of Alternative Transportation Modes Attachments: (1) Proposed Amended Ordinance Packet Page -647- 4/24/2012 Item 16.A.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12. Item Summary: Recommendation to authorize staff to advertise an amendment to Collier County Ordinance No. 2009 -44, The Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit (MSTU) Ordinance, to remove the six -year sunset provision and provide for dissolution of the MSTU upon recommendation by the MSTU Advisory Committee and approval by the Board of County Commissioners. Meeting Date: 4/24/2012 Prepared By Approved By Name: AmoldMichelle Title: Director - Alt Transportation Modes,Altemative Tr Date: 4/16/2012 1:56:16 PM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 4/17/2012 9:11:25 AM Name: HerreraGloria Title: Management /Budget Analyst,Transportation Administr Date: 4/17/2012 9:11:36 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 4/17/2012 1:29:12 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/17/2012 2:02:03 PM Name: FinnEd Title: Senior Budget Analyst, OMB Packet Page -648- Date: 4/17/2012 2:53:27 PM Name: KlatzkowJeff Title: County Attorney Date: 4/17/2012 3:15:30 PM Name: IsacksonMark 4/24/2012 Item 16.A.12. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/17/2012 3:30:12 PM Packet Page -649- 4/24/2012 Item 16.A.12. ORDINANCE NO. 2012- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2009 -44 (THE RADIO ROAD, EAST OF SANTA BARBARA BOULEVARD TO THE INTERSECTION OF RADIO ROAD AND DAVIS BOULEVARD MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION THREE, PURPOSE AND GOVERNING BODY; AMENDING SECTION FOUR, FUNDING AND LEVY OF TAXES; 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 enacted Ordinance No. 2009 -44 creating the "Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard MSTU (the "MSTU ")" to fund and implement the installation of landscaping and irrigation capital improvements within that geographic area; and WHEREAS, the MSTU's Advisory Committee requested that the Board of County Commissioners amend and revise Sections Three and Four of Collier County Ordinance No. 2009 -44; and WHEREAS, on May 22, 2012, the Board of County Commissioners as the governing body of the Radio Road, East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit approved this amendment to Ordinance 2009 -44. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Section Three, Purpose and Governing Body is hereby amended as follows: Section Three. Purpose and Governing Body. The MSTU is created for the purpose of providing landscaping and spfinller- systems irrigation capital improvements for the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTU , ��ieh ever- happens seene shall be dissolved upon recommendation by the MSTU Advisory Packet Page -650- 4/24/2012 Item 16.A.12. Committee and approval by the Board of County Commissioners after iayment of all owl indebtedness incurred for the project and completion of the project SECTION TWO. Section Four, Funding and Levy of Taxes is hereby amended as follows: SECTION FOUR. Funding and Levy of Taxes. 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, until the project is either completed, all related indebtedness is paid and the MSTU is dissolved as provided in Section Three or- when six (6) yeafs is up, whieh . 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 .5 mils per year. SECTION THREE. 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 FOUR. 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 Packet Page -651- 4/24/2012 Item 16.A.12. renumbered or re- lettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION FIVE. 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 22nd day of May, 2012. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency: Scott R. Teach Deputy County Attorney ME FRED W. COYLE, CHAIRMAN Packet Page -652-