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Agenda 05/22/2012 Item #17A5/22/2012 Item 17.A. EXECUTIVE SUMMARY Recommendation to approve an amendment to Collier County Ordinance No. 200944, 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 the dissolution of the MSTU upon recommendation by the MSTU Advisory Committee and approval by the Board of County Commissioners. OBJECTIVE: To approve an amendment to Ordinance Number 2009 -44 to remove its existing six -year sunset provision and provide for the dissolution of the Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit (the "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 hired a landscape architect and developed preliminary plans for the beautification of the roadway. When the Ordinance establishing the MSTU was enacted, it contained a six -year sunset provision. With the downturn in property values it would take additional time 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 various communities within the MSTU boundary. The overwhelming comments received during that 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 -1923- 5/22/2012 Item W.A. In order to proceed with project financing the existing ordinance must be amended to remove the six -year sunset provision to allow the life of the MSTU to extend, at a minimum, through the 10 year life of the loan. On April 24, 2012, the Board authorized staff to advertise a proposed amendment to the Ordinance. The Ordinance amendment has been advertised and staff is at this time recommending approval of the amendment in order to move forward with the project and provide for the ability to repay the project loan within the timeframe prescribed for in the loan agreement and consistent with the Referendum approved by the voters within the MSTU. FISCAL IMPACT: Extending the life of the MSTU will result in additional years during which properties within the MSTU could be subject to the Radio Road East MSTU tax levy. The immediate cost for recording the Ordinance amendment is approximately $27. 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 approve an amendment to Collier County Ordinance Number 2009 -44, to remove the current six -year sunset provision and to 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 is paid. A copy of the proposed Amended Ordinance is attached for the Board's review. Prepared By: Darryl Richard, Project Manager, Department of Alternative Transportation Modes Attachments: (1) Amended Ordinance Packet Page -1924- 5/22/2012 Item 17.A. COLLIER COUNTY Board of County Commissioners Item Number: 17.A. Item Summary: Recommendation to approve 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 the dissolution of the MSTU upon recommendation by the MSTU Advisory Committee and approval by the Board of County Commissioners. Meeting Date: 5/22/2012 Prepared By Approved By Name: ArnoldMichelle Title: Director - Alt Transportation Modes,Altemative Tr Date: 4/26/2012 5:25:53 PM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 4/30/2012 3:31:04 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/4/2012 1:04:59 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 5/9/2012 2:02:56 PM Name: KlatzkowJeff Title: County Attorney Date: 5/9/2012 2.26:06 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/16/2012 9:36:08 AM Packet Page -1925- Name: OchsLeo Title: County Manager Date: 5/16/2012 9:55:50 AM Packet Page -1926- 5/22/2012 Item 17.A. 5/22/2012 Item 17.A. 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 COMNIISSIONERS 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 spiipAdef systeffis irrigation capital improvements for the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTU will sunset when the r- " ^.r °^' ' is sempl `°a � r , w-hieh ever- happens 90efieF shall be dissolved upon recommendation by the MSTU Advisory Packet Page -1927- 5/22/2012 Item W.A. Committee and approval by the Board of County Commissioners after payment of all 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 I to and including September 30 following, until the project is eitheF completed all related indebtedness is paid and the MSTU is dissolved as provided in Section Three er. • hen '6' yeafs is up, whieh evef eemes . 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 Page -1928- w 5/22/2012 Item 17.A. 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. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency: Scott R. Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Packet- Page -1929- 5/22/2012 Item 17.A. 241.)) Sunday, May 6,2012)) NAPLES DAILY NEWS NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 22, 2012, in the Boardroom ., 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 4:00 A.M. The title of the proposed Ordinance is as follows: AN RN COUNTY NSEIMROAD,EASTF SANTA B RBARA BOULEVARD TTO THENTERCONOF 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 COLLER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE, Copies of the. proposed 'Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited.tD attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the =al. .administrator prior to presentation of the agenda Item to 6e addressed. speakers will be limited to 3 minutes on any item.; The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized. by the Lhairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. in any case, written materials intended to be considered by the Board shall be.submitted to the appropriate County staff, a minimum of seven day, . prior. to the public hearing, All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes _the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in, order to participate in this proceeding, you are entitled, at no cost to you, to the provision Management of .certain assistance. Please contact the Collier County Facilities Mana Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380, Assisted listening devices for the hearing impaired are. available in the County Commissioners' Office. BOARD-OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) May 6. 7_012 Nn 1gd77q� Packet Page -1930-