Agenda 03/23/2010 Item #16K 2
Agenda Item No. 16K2
March 23, 2010
Page 1 of 12
EXECUTIVE SUMMARY
Request for authorization to advertise an amendment to Ordinance No. 2009-02 to
correct a scrivener's error pertaining to the repeal of ordinances and resolutions as
to various inactive taxing districts located within Collier County.
OBJECTIVE: To have the Board of County Commissioners authorize staff to advertise
an amendment to Ordinance No. 2009-02 to correct a scrivener's error. Ordinance No.
2009-02 repealed various inactive taxing districts within Collier County but included in
error the Port of the Islands Community Improvement District (Ordinance No. 86-64, as
amended). An amendment to that ordinance is required to correct this scrivener's error.
CONSIDERATIONS: On February 10, 2009, the Board adopted Ordinance No. 2009-
02, which sought the repeal of fourteen (14) taxing districts that were created by either
ordinance or resolution. The repeal of those taxing districts was sought on the ground
that they were inactive and that their dissolution would reduce the excessive volume of
paperwork associated with the State Department of Revenue Truth in Millage (TRlM)
reporting requirements.
It has come to staff's attention one of the taxing districts included in the ordinance, the
Port of the Islands Community Improvement District, is still active and that it was
included on the list of ordinances to be repealed in error. Accordingly, it is necessary to
correct this scrivener's error to show that the Port of the Islands cm has continuously
remained an active and operating taxing district.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office and is legally sufficient for Board action.-SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: That the Board of County Commissioners authorize the
advertisement of an amendment to Ordinance No. 2009-02 to correct a scrivener's error.
Prepared by: Scott R. Teach, Deputy County Attorney
Attachments: February 10, 2009, Executive Summary; Ordinance No. 2009-02;
Proposed Ordinance
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K2
March 23, 2010
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Request for authorization to advertise an amendment to Ordinance No. 2009-02 to correct a
scriveners error pertaining to the repeal of ordinances and resolutions pertaining to various
inactive taxing districts located within Collier County.
3/23/2010 9:00:00 AM
Date
Prepared By
Scott R. Teach
County Attorney
Deputy County Attorney
County Attorney
3/16/2010 8:34:27 AM
Date
Approved By
Scott R. Teach
County Attorney
Deputy County Attorney
County Attorney
3/16/20109:18 AM
Date
Approved By
Jeff Klatzkow
County Attorney
3/16/201010:06 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/16/201010:14 AM
Date
Approved By
Randy Greenwald
Office of Management &
Budget
Management/Budget Analyst
Office of Management & Budget
3/16/201010:39 AM
Mark Isackson
Date
Approved By
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
3/16/201012:38 PM
Agenda Item No 16K2
March 23, 2010
Page 3 of 12
ORDINANCE NO. 2010-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-02,
WHICH REPEALED SEVERAL ORDINANCES AND RESOLUTIONS
PREVIOUSLY ENACTED TO ESTABLISH TAXING DlSTRICI'S WITHIN
COLLIER COUNTY, TO CORRECT A SCRIVENER'S ERROR IN SECflON
ONE THAT ERRONEOUSLY INCLUDED THE PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT (ORDINANCE NO. 86-64, AS
AMENDED), PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABWTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida, passed and
duly adopted Ordinance No. 2009-02. which repealed several ordinances and resolutions
previously enacted to establish taxing districts within Collier County; and
WHEREAS, after said enactment of Ordinance No. 2009-02, County staff determined
that the Port of the Islands Community Improvement District (Ordinance No. 86-64, as amended)
was erroneously included among those Ordinances and Resolutions being repealed; and
WHEREAS, the inclusion of the Port of the Islands Community Improvement District in
Ordinance No. 2009-02 constitutes a scrivener's error that must be corrected by striking that
reference.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida:
SECTION ONE: SCRIVENER'S ERROR CORRECflON BY AMENDMENT TO
SECflON ONE OF ORDINANCE NO. 2009-02
Section One of Ordinance No. 2009-02 is hereby amended to correct a scrivener's
error by amending said section to read as follows,
8tNek Threugl! words are deleted.
Agenda Item No. 16K2
March 23. 2010
Page 4 of 12
District 2 Northwest Collier Municipal Services Taxing Unit (Ordinance No. 76,,(,2, as
amended); Dis1rict 5 Municipal Services Taxing Unit (Ordinance No. 76-74, as amended);
Pine Ridge Industrial Park Municipal Services Taxing and Benefit Unit (Ordinance No. 81-
94, as amended); Naples Production Park Municipal Service Taxing and Benefit Unit
(Ordinance No. 85-39, as amended); PeR If da. IelHda Ce.-..ity _'P8'\ _t
Die...... (Qrll"Pin-.. [lite. 8' U, .. _.aded)1 Naples Production Park Street Lighting
Municipal Service Taxing Unit (Ordinance No. 91-97, as amended); County Barn Roadside
Drainage Improvement Municipal Service Taxing Unit No. I (Ordinance No. 94-66, as
amended); County Barn Roadside Drainage Improvement Municipal Service Taxing Unit
No.2 (Ordinance No. 94-67, as amended); County Bam Roadside Drainage Improvement
Municipal Service Taxing Unit No. 3 (Ordinance No. 94-68, as amended);
AmoldIMercantile Avenue Municipal Service Taxing and Benefit Unit (Ordinance No. 02-
65, as amended); Naples Park Area Underground Power Line Municipal Service Taxing
Unit (Ordinance No. 03-17, as amended); Dis1rict 3 Municipal Services Taxing Unit
(Ordinance No. 76-72, as amended); Collier County Water District No.1 (Resolution No.
80-10, as amended) and Collier County Public Parks and Recreation Municipal Service
Taxing Unit (Resolution No. 82-87, as amended.
SECl10N TWO: 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-Iettered to accomplish such, and the word "ordinance" may be changed to "section,"
or any other appropriate word.
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 sha1l apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion sha1l be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECl10N FOUR: EFFECI'IVE DATE.
Stfuek TlHeagk words are deleted.
Agenda Item No. 16K2
March 23, 2010
Page 5 of 12
This Ordinance sbal1 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
,2010.
AITEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, CHAIRMAN
DEPUTY CLERK
Approved as to form and
legal sufficiency:
Scott R. Teach,
Deputy County Attorney
@i)
8k'1lek 'I'llrellgk words are deleted.
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"a ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA., REPEALING THE FOLLOWING
ORDINANCES AND RESOLUTIONS ENACl'ED TO ESTABLISH TAXING
DISTRICTS WITHIN COLLIER COUNTY: (1) DISTRICT Z NORTHWEST
COLLIER MUNICIPAL SERVICES TAXING UNIT (ORDINANCE NO. 76-61, AS
AMENDED); (1) DISTRICT 5 MUNICIPAL SERVICES TAXING UNIT
(ORDINANCE NO. 76-74, AS AMENDED); (3) PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT (ORDINANCE NO. 86-64, AS
AMENDED); (4) NAPLES PRODUCTION PARK STREET LIGHTING
MUNICIPAL SERVICE TAXING UNIT (ORDINANCE NO. 91.97, AS
AMENDED); (5) COUNTY BARN ROADSIDE DRAINAGE IMPROVEMENT
MUNICIPAL SERVICE TAXING UNIT NO.1 (ORDINANCE NO. 94-66, AS
AMENDED); (6) COUNTY BARN ROADSIDE DRAINAGE IMPROVEMENT
MUNICIPAL SERVICE TAXING UNIT NO. 1 (ORDINANCE NO. 94-67, AS
AMENDED); (7) COUNTY BARN ROADSIDE DRAINAGE IMPROVEMENT
MUNICIPAL SERVICE TAXING UNIT NO. 3 (ORDINANCE NO. 94-68, AS
AMENDED); (8) ARNOLDlMERCANTILE AVENUE MUNICIPAL SERVICE
TAXING AND BENEM UNIT (ORDINANCE NO. OUs, AS AMENDED); (9)
NAPLES PARK AREA UNDERGROUND POWER LINE MUNICIPAL SERVICE
TAXING UNIT (ORDINANCE NO. 03-17, AS AMENDED); (10) DISTRICT 3
MUNICIPAL SERVICES TAXING UNIT (ORDINANCE NO. 76-71, AS
AMENDED); (11) LITTLE LEAGUElTRAFFORD FARMS ROAD MUNICIPAL
SERVICE TAXING AND BENEM UNIT (ORDINANCE NO. l00:z..70., AS
AMENDED); (t:z) SOUTH 8TH STREETIDOAK AVENUE MUNICIPAL SERVICE
TAXING AND BENEFIT UNIT (ORDINANCE NO. 2001-69, AS AMENDED); (13)
COLLIER COUNTY WATER DISTRICT NO.1 (RESOLUTION NO. 80-10.. AS
AMENDED); AND (14) COLLIER COUNTY PUBLIC PARKS AND
RECREATION MUNICIPAL SERVICE TAXING UNIT (RESOLUTION NO. 81-
87, AS AMENDED); AND PROVIDING FOR THE REPEAL AND DISSOLUTION
OF THOSE SPECIAL TAXING DlSTRICfS; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONn..ICf AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Agenda Item No. 16K2
March 23, 2010
Page 6 of 12
ORDINANCE NO. 2009- ~
.~~ ill .
WHEREAS. the Board of County Commissioners of Collier County, F1ori~
:r:::ID ~ ,.
duly adopted the following ordinaDec:&: t:;~ ~ -
~z \oD r-
District 2 Northwest Collier Municipal Services Taxing Unit (0Jdinance No~ m
amc:udcd); District S Municipal Services Taxing Unit (Ordinance No. 76-74. "" ); 0
Port of.........C '1) h..p.v.___l DiIIIrict (~Na...... );
Naples Production Park Street Lighting Municipal Service Taxing Unit (' o~l-
1
Agenda Item No. 16K2
March 23, 2010
Page 7 of 12
97, as amended); County Barn Roadside Drainage Improvement Municipal Service Twng
Unit No. 1 (Ordinance No. 94-66, as lIItICDlicd); County Barn Roadaide Drainage
Improvement Municipal Service Taxing Unit No.2 (Ordinance No. 94-67, as amended);
County Barn Roadside Drainage: Improvement Municipal Service Taxing Unit No. 3
(Ordinance No. 94-68, as amended); AmolcllMercantile Avenue Municipal Service Taxing
and Benefit Unit (Ordinance No. 02-65, as amended); Naples Park Area Underground
Power Line Municipal Service Taxing Unit (Ordinance No. 03-17, as amended); District 3
Municipal Services Taxing Unit (Ordinance No. 76-72, as amended); Little
LeagucfI'rafford Farms Road Municipal Service Taxing and Benefit Unit (Ordinance No.
2002-70, as amended); South 81b StreetIDoak Avenue Municipal Service Taxing and
Benefit Unit (Ordinance No. 2002-69, as amended;
and the following Reaolutions:
Collier County Water District No.1 (Resolution No. 8G-IO, as amended) and Collier
County Public Parks and Recreation Municipal Service Taxing Unit (Resolution No. 82-
87, as amended.
creating the aforementioned special taxing districts (hereinafter coUectively referred to as the
"special taxing districts") for the purpose of utilizing revenues generated from those taxing
districts to accomplish the various purposes specified in each ordinance.
WHEREAS, all of the aforementioned special taxing districts have no debts or asset, are
presently inactive, and their existence are no 10nger necessary; and
WHEREAS, the Boanl of County Commissioners now - desires to repeal the
aforementioned ordinances thereby dissolving those special taxing districts.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA that:
SEcnON ONE: REPEAL AND DISSOLUTION
1. The following Collier County Ordinances and Resolutions are hereby repealed
and the special taxing districts that were created thereby dissolved:
District 2 Northwest Collier Municipal Services Taxing Unit (Ordinance No. 76-62, as
amended); District S Municipal Services Taxing Unit (Ordinance No. 76-74, as amended);
Port of the Islands Community Improvement District (Ordinance No. 86-64, as amended);
2
Agenda Item No. 16K2
March 23, 2010
Page 8 of 12
Naplllll ~n Park Street Lighting Municipal Service Taxing Unit (Ordinance No. 91-
97, as 1IDClIIded); County Barn Roadside Drainase ImprovemeDt Municipal Service Taxing
Unit No. I (Ordinance No. 94-66, as amended); County Barn RoIdaide Drainage
Improvement Municipal Service Taxing Unit No.2 (Ordinance No. 94-67. as amended);
County Barn Roldaicle DrainIge Improvement Municipal Service Taxing Unit No, 3
(Ordinmce No. 94-68. as amended); AmokllMercantile Avenue Municipal Service Taxing
and Benefit Unit (0nlinIInce No, 02-65. as amended); Naplllll Park Area Underground
Power Line Municipal Service Taxing Unit (Ordi.mmce No. 03-17, as lllDCIIded); District 3
Municipal Services Taxma Unit (Ordinance No. 76-72, as lID1CIIded); Collier County Water
Diatrict No. I (Resolution No. 80-10, as amended) and Collier County Public Parks and
RecrWion Municipal Service Taxing Unit (Re80lution No. 82-87, as amCDded.
SEcrION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The proviaions of this Ordinance ahall become md be made a part of the Code of Laws
md OrdinanCIllI of Collier County, Florida. The llCCtions of the Ordinance may be rel1lunbered or
re-Iettered to accomplish such, and the word "ordinance" may be changed to wsec:tion,"
or any other appropriate word.
SEcrION THREE: CONFLICT AND SEVERABo..ITY.
In the event this Ordinance conflicts with my other Ordinance of Collier County or other
applicable law, the more restrictive ahall apply. If my phrase or portion of the Ordinance is held
invalid or unconstitutional by any colD1 of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision md such holding shall not affect the validity of the
remaining portion.
SEcrION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon tiling with the Florida Department of State.
3
Agenda Item No. 16K2
March 23, 2010
Page 9 of 12
PASSED AND nUL Y ADOPTED by the Board of CoWlty Commissioners of Collier
CoWlty. Florida thil 00 day of ~i (Vlr'r/ .2009.
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DwJ(j~}'ti.~'R~ CLERK
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BOARD OF COUNTY COMMISSIONERS OF
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Approved as to form and
legal sufficiency:
&ifii~
Deputy County Anomey
This llI'CIInanaI filed with the
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Agenda Item No. 16K2
March 23, 2010
Page 10 of 12
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 and correct
copy of:
ORDINAKCI 2009-02
Which was adopted by the Board of County commissioners
on the lOth day of February, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of February, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commiss~oner!!l ..
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y: Teresa P~il,S!d,. \;~:
Deputy Clef~.";.J"'u- .
Agenda Item No. 16K2
Agenda fl1~cIJ.f~,~10
Februarl\W,~bi5lJ 12
Page 1 of 10
EXECUTIVE SUMMARY
Reeommeudatioa tbat tile BOard of Cellllty C_mildeDen, punmt to
authorizatioa lIDIler item 16F(1} OR J......,. 13, 2009, lUtopt ud ... a d1dy
noticed and publllhed OrdID..c:e dluoMq fourteen (lot) Iudive tulDcauthoritles
which are llUrreatly 'ouad oa the Property AppraJaen Ad Valorem Property Tax
RoD.
OBJECTIVE: To obtain the Board's approval to adopt and enact the attacl1e<l CIIIlbling
ordinance dissolve folll1cen (14) inactive Taxing Authorities which are currently found
on the Property Appraisms Ad Valorem Property Tax Roll.
CONSIDERATIONS: The State Department of Revenue TNth in Millll8e (TRIM)
process is an annual occurrence involving a number of Collier County Governmental
entities including the: Property Appraiser's Office (PA) and the Office of Management
and Budget (OMB). Annually, the PA prepares the prelimiDary July lot and recapitulated
(October and post Value Adjustment Board) taxable value for forty nine (49) taxing
authorities.
During this year's TRIM process, the OMB and the PA discussed the possibility of
dissolving up to twenty three (23) inactive taxing llUlborities thus reducing the paperwork
volume and reporting requirements necessitated by each taxing authority as part of the
TRIM compliance process.
On January 13, 2009 under item 16F(2) (Executive Swnmary attached), the Board of
County Commissioners authorized staff to proceed with preperation of the required
ordinance and provide due notice including publication of the intended action to dissolve
sixteen (16) inactive taxing authorities (see attached notice). Since this publication, staff
has opted to present for dissolution fourteen (14) taxing authorities; which are all eligible
based upon the original criteria presented to the Board.
Please note that dissolving these taxing authorities will reduce TRIM reporting
requirements only. The P A will continue to collect valuation data and maintain within
their infotmation system general taxable value numbers and should it be necessary to
resurrect a dissolved taxing authority - verification of the logal boundary and other
administrative procedures would be required within the prescribed time lines for creating
a new taxing authority (January I").
FISCAL IMPACf: By dissolving inactive taxing authorities, the volume of paperwork
required by the PA and OMB which involve multiple DR-420 form submittals will
diminish greatly. If a taxing authority appears on the PA's tax roll, all form submittal
requirements apply even though there is no millll8e request.
Agenda Item No. 16K2
M~ClM3'IO
Agenda 1t2. 2
Februa 0,2 9
Page 2 of 19
ADVISORY BOARD RECOMMENDATION: This item was DOt submitted for
Advisory Board consideration.
GROWTH MANAGEMENT IMPACf: There is no growth management Impact.
LEGAL CONSIDERATIONS: This item has hem rcvicwcd ud approved by the
County Attomey's Office, is IIOt quasi-judicial and requires 110 ex plI11e disclosure,
requires only II majority vote for approval. lIDd is otherwise legally sufficient for Board
action.-SRT
RECOMMENDATION: Tb8t the Board of County Commissioners adopt and enact an
ordiDance dissolving fourteen. (14) inactive taxing 8Utborities currently fOUDd OD the
Property Appraisers Property Tax Roll.
Prepared by:
Mark Isackson, Senior Management and Budget Analyst
Office of Management lIDd Budget
\