Agenda 04/28/2009 Item #17D
lts:n No. 170
April 28, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 2001-43 as amended,
which created the Vanderbilt Beach Municipal Service Taxing Unit (MSTU), to include
providing underground trenching and burial of utility lines from the street or transformer
to private residences and, as needed, arranging to locate the burial of such power lines
alongside any existing utility easements but excluding the expenditure of MSTU funds for
any additional wiring or installation of improvements or upgrades to connect service to
residences required by current code or resulting from any other hardware nonconformity.
OBJECTIVE: That the Board of County Commissioners adopt an amendment to Ordinance
No. 2001-43, which created the Vanderbilt Beach Municipal Service Taxing Unit (MSTU), to
include providing underground trenching and burial of utility lines from the street or transformer
to private residences and, as needed, arranging to locate the burial of such power lines alongside
any existing utility easements but excluding the expenditure of MSTU funds for any additional
wiring or installation of improvements or up!,'Tades to eonnect service to residences required by
current code or resulting from any other hardware nonconfonnity.
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CONSIDERATIONS: On March 10, 2009, Vanderbilt Beach MSTU Committee Chainnan
Dick Lydon, Advisory Committee Report (Item lOA County Manager's Report), requested
direction from Board of County Commissioners regarding modification to the existing
Vanderbilt Beach MSTU Ordinance. Subsequently, Collier County Board of County
Commissioners directed staff to coordinate with County Legal on a proposed amendment to the
Ordinance ofVanderbiIt Beach Bcautification MSTU.
The proposed Ordinance is attached to this Executive Summary and has been advertised in
accordance with Section 125.66 FS.
Staff considers the modifieation necessary in order to enable the VanderbiIt Beach Beautification
MSTU to expend funds on private properties within the MSTU boundary for the purposes of the
Powerline Underground Conversion Project.
FISCAL IMPACT: Modification to the Ordinance will allow for expenditure of MSTU Fund
143 monies on individual Plivate properties for individual 'connection' to complete the
under!,'Tound utilities conversion project. 100')!o participation of each individual resident (or
property owner) is required in order to receive a 25% "cost benefit" (cost reduction) per the
Public Service Commission Approved 'GAP' Waiver with Florida Powcr & Light Company.
Exact cost for individual 'connection' is not known at this time. Staff estimates that there will be
installation of connection by private property owners in conjunction with that pcrfonned by the
MSTU.
GROWTH MANAGEMENT IMPACT: Consistent with the Public Facilities Element of the
Growth Management Plan.
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LEGAL CO;\fSIDERA TlONS: This item has been reviewed and approved by the County
Attomey's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a
majority vote f()r approval, and is otherwise legally sufficient for Board action...-SRT
RECOMMENDATION: That the Board of County Commissioners adopt the Ordinance
Amendment.
Prepared By: Dan)'l Richard, MSTU Project Manager, Altemative Transportation Modes
Department
Attachments: 1) Amending Ordinance 2009
2
Item Number:
Item Summary:
Meeting Date:
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COLLIER COUNTY
SOARD OF COUNTY COMMtSS[O'~::RS
17D
Recommendz,iticn to ad~)pt en Ordinance amending Ordinance ~~o 2001 -43 as amended,
which creeted the Vanderbilt Beach Municipal Service Taxing Unit :MSTU). to Include
p;:Jv:ding u:lderground trenching and burial of utility lines from the street or tl-ansfor~ler to
prll/ate residences and, as needed, arranging to locate the bu~iai of SliGh power lines
alongside any existing utility easements but excluding the expenditure of MSTU funds for any
additional wiring or Installation of improvements or upgrades to connect service to residences
required by curr'2nt code or resulting h:)m any other hardW3r-e nJncOnformity
4/23/2009 'J.OO:OO AM
Prepared By
Darryi Richard
Transportaticn Services
Project Manager
Date
Alternative Transportation Modes
4113/2009 5:08:20 PM
ApprOVl'd By
Darryl Richard
Transportation Services
Project Manager
Date
Alternative Transportation Modes
4113;2009 5,27 PM
Approved By
Caroline Sata
Transportation Services
Admir:istratfve Ass~stant
Date
Transportation Engineering and
Constrtl~ti:)n
4f14:Zfl[;9 8:42 AM
Approved By
Norm E. ::ede-r, A!CP
Transportation Services
Tran~.po;"t<.:.tion Divls;or1 Adn';;r:::;t,;:,to.
Dato
Transportation Services Admin.
4/14/20093:23 PM
Approved By
Pamela J. Lutich
Transportation Services
Project Manager
Date
t,Jte-rnativ€ Tianspol"tatj::m l\'~0d0S
.t/14/2009 3:28 prlr1
Approved By
The-rese Stanley
Transportation
Giants Coordinfltor
.......<C_
L.Hl,e;:-
Transportation Adm:nistr2t~on
4/15/2009 3:59 PM
'\prrovcd By
L'iicheHe Edwards .Arnold
Transpor;:atio' '::ervices
Altenative TranspG;tation f\.Qoci2S
uirecwr
Date
J\lter;;;Jti 'eo Trcn$po~~;ltiQ:1 Modes
4/15/20099:26.4M
.\Pllrond By
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"::'CQ" . I C3cn
CGll~ty Attorn€'y
t\SSfstZTlt c.oUl"ity t,t1o:--ney
Data
County t.t~orn("y OW::.e
4!17/2009 9;32 AM
'\pprovcd By
Je-ff K!atz!ww
r:~'I!nhl l;.tt('.~n~,,,
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CO-lm~y Ath~ney
0"te-
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4-:1 ;.'2JC'?- 1 :3-4 PM
'\llllro\'Cd By
?;:;t L",,~ln:-:;;::':
Trz.nspol\aiL:m Scr,'i:-::E'5
:::;:~~:::,,<i,2 2:!c~'~ ';,:\r:.'
T"F'2:r.s,fJart<:lt~on .serV~C8S Adm:n
4!'i 7,'2]OS. "l :12 Pf1fi
c\pproveu B~'
0i'J13 Coordinator
County rJianager's Office
OMS C:l;);c~jnator
Date
Office of Manageme:1t & Budget
4,117/2009 2:02 PM
Approved B)'
Susan Usher
County Manager's Of~ir::e
Senior 1\(,2.f,3gement;Sudgct ,t'.nafyst
Date
Offi(:f: of Managernent & Bt'C10~t
4'19/2009 11 :15 AM
Appnne-d B)-'
Lc.o E. O::~lS. Jr.
E.>Jc:rd of County
Commissior:e:'s
D8PUty CDunty Mar.O!gsr
Date
County r!i::n:lgsr's C)r;i;-.:p
4/20,'2009 3:47 pr.Jl
1 (\~c:- ..::. Ul _
i'c::r i'~s '1-;':::';
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.t-\:~:;i'j:::ia Iter;] r'~o. 170
- ,':\p:'j] 28, 20:]9
Pdt'iS 5 of fi
ORDINANCE NO. 2009-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
2001-43, AS AMENDED (THE VANDERBILT BEACH
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT):
AMENDING SECTION THREE, PURPOSE AND GOVERNING
BODY; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, on Juiy 31, 200t, the Board ofCouuty Commissioners adopted Ordinance
No. 2001-43, establishing the Vanderbilt Beach Beautification Muuicipal Service Taxing Unit;
and
'WHEREAS, the Vanderbilt Beach Beautification Municipal Service Taxing Unit
Advisory Committee requested that the Board of County Commissioners amend and revise
Section Three of Collier Couufy Ordinance No. 2001-43; and
'WHEREAS, on April 28, 2009, the Board of County Commissioners as the governing
body of the Vanderbilt Beach Beautification Municipal Service Taxing Unit approved the
amendment to Ordinance No. 2001-43.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier Couuty Ordinance
No. 2001-43, as amended. is hereby further amended to read as follows:
SECTION ONE: Amendment to Section Three Purpose and Governing Body
Section Three, Purpose and Governing Body of Collier County Ordinance No. 200 1 ~43 is
hereby amended to read as follows:
SECTION THREE.
Purpose and Governing Body
The MSTU is created for the purpose of: (1) Providing curbing, watering facilities,
plantings and maintenance of the median strips and right-of-way edges of roadways within the
MSTlJ; (2) Providing traffic calming improvements, street lighting, and sidewalks within the
MSTU; (3) Beautification and maintenance of other public arcas \\'ithin the J\lSTU as determined
by the Advisory Committee; and (4) providing for the Burial of Power Lines v.rithin the MSTU.
illCl.!J_gjruLP..IQyidillll unden~round trenching: and burial of utilitv lines from the street or
transformer to orivate residenc.~s and. as needed. arranging to locate the burial of such power
lines alongside any existim!: utility easements bU.L?xcluding the exnenditure of MSTU funds for
any additional wiring or installation of inlDfCwements or uD:!rades to con,')ect service to
Underlined '\-vords are added; Struck Throu2h \vords arc deleted.
rL':~iJ,--'nc:;~~ It'(lUir:::d hy_culT';.':!l ((:J(' ~!r r~.:'s~,dlitH-' from am nther hard"Y:lre nO!1ccmf()1J1llil. The
goveming body of the IVlSTU shall be the Board of COW1ty Commissioners of Collier County,
Florida.
SEeTIO," 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. Ifany phrase or ponion of this Ordinance is held
invalid or W1constitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SEeTlO]'; THREE:
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 ofeallier County. Florida. Tbe sections of the Ordinance may be renumbered or
re-lenered to accomplish such, and the word "ordinance" may be changed to "section:' "article,"'
Of any other appropriate \vord.
SEeTlO;,\; FOlIR:
Effective Date
Tllis Ordinance shall be eneclive upon tiling with tht Florida DepaIiment of State.
PASSED AND DULY ADOPTED by the Board of County Commissionors of Colli or
County, Florida this ~_~__.._ day (\f ~___
,2009.
ATTEST:
DWIGHT E BROCK, Cierk
BOARD OF COLJ1~TY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
By:
DONNA FIALA. CHAIRMAN
Deputy Clerk
Approved as to 1'01111 llild
Legal sufficiency:
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SCOIl R Teach
Deputy C0unty Attorney
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~J:Ld.ITlilleJ -\';.)n:!s are added: Stn~k Throu:2h words are deleted.
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