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Agenda 06/10/2008 Item # 8C Agenda Item No. 8e June 10, 2008 Page 1 016 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending Ordinance No. 92-60, which created the Immokalee Beautification Municipal Service Taxing Unit, to increase the boundaries of the unit to add approximately 3002+/- acres. OBJECTIVE: That the Board of County Commissioners adopt an amendment to Ordinance No. 92-60, which created the Immokalee Beautification Municipal Service Taxing Unit, to increase the boundaries of the unit to add approximately 3002+/- acres. CONSIDERATIONS: On March 25, 2008 during the review of the report of the Immokalee Beautification Advisory Committee, Cheryl Thomas, acting Chairman of the Committee requested that the boundaries of the Immokalee Beautification Municipal Service Taxing Unit (the "MSTU") be expanded to include new growth. The proposed Ordinance is attached to this Executive Summary and has been advertised in accordance with Section 125.66 FS. A map of the area of new growth is attached and a legal description is contained in the proposed Ordinance. ,"--, FISCAL IMPACT: Increase in revenue to Immokalee MSTU Fund 162. Anticipated estimated annual revenue increase is pending analysis from the Property Appraiser's Office. GROWTH MANAGEMENT IMPACT: There is no Growth Management associated with this Executive Summary. LEGAL CONSIDERATIONS: The proposed changes to the Ordinance are legally sufficient for Board consideration and approval. The increased revenue through the expansion of this existing MSTU will not affect the revenue limitation of the County. - HFAC RECOMMENDATION: That the Board of County Commissioners adopt the Ordinance Amendment. Prepared By: Darryl Richard, Project Manager - MSTUs, Alternative Transportation Modes Attachments: 1) Amending Ordinance 2008; 2) Exhibit-Boundary Map ( Page lof2 Agenda Item No. 8e June 10, 2008 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Be This item has been continued indefinitely. Recommendation to adopt an Ordinance amending Ordinance No 92~60, which created the lmmokalee Beautification Municipal Service Taxing Unit, to increase the boundaries of the unit to add approximately 3002+/- acres. Meeting Date: 6/10/2008900:00 AM Prepared By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 5/23/2008 4:5S:55 PM Approved By Liz De leon Operations Coordinator Date Transportation Services Alternative Transportation Modes S/23/2008 5:02 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 5/27/20081 :50 PM Approved By Caroline Soto Administrative Assistant Date Transportation Services Transportation Engineering and Construction 5/27/20082:01 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 5/28/2008 10:43 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management SI28/200811:11 AM Approved By Diane B. Flagg Director A TM Director Date Transportation Services Alternative Transportation Modes 5/28/2008 4:20 PM Approved By Pat Lehnhard Executive Secretary Date ( I Approved By Transportation Services Transportation Services Admin S/2912008 8:39 AM OMS Coordinator OMS Coordinator Date file://C :\AgendaTest\Export\ I 09-June%20 I 0, %202008\08.%20ADVER TISED%20PUBLI C... 6/4/2008 Page 2 of2 Agenda Item No. 8e June 10, 2008 Page 3 of 6 County Manager's Office Office of Management & Budget S/30/2008 9:11AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 6/4/20088:33 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/4/200811:56 AM file://C:IAgendaTestIExportl] 09-June%20 I 0,%202008108.%20ADVER TlSED%20PUBLIC... 6/4/2008 Agenda Item No. 8e June 10,2008 Page 4 of 6 ORDINANCE NO. 2008-_ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-40, WHICH CREATED THE IMMOlULEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA. PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES TO ADD APPROXIMATELY 3002.079+/- ACRES; PROVIDING FOR CONFLICT, SEVERABILITY A.1'1D EFFECl1VE DATE. WHEREAS, the Board of County Commissioners, on October 25,1977, adopted Collier County OrdilliUlce No. 77-52, creating the Immokalee Lighting and Beautification Municipal Service Taxing Unit for the purpose of providing street lighting and beautification within the unit; and WHEREAS, tbe Board of County Commissioners, on September 23. 1986, adopted Collier County OrdilliUlce No. 86-65, creating the Immokalee Lighting and Beautification District Advisory Committee which provided for the appointment and composition of the Advisory Committee and setting forth the terms of office; and WHEREAS, on February 20, 1990, the Immokalee Lighting and Beautification Advisory Committee had met and approved a motion to recommend to the Board of County Commissioners that Collier County Ordinance No. 77-52 be modified so as to separate the Lighting District from the Beautification District, thereby making both Districts separate. but having identical district boundaries and retain the current Advisory corrunirtee composition and make-up only for the Beautification District; and WHEREAS, the Board of County Commissioners. on June 9, t 992, adopted Collier County Ordinance No. 92-40 that created the lmmokalee Beautification Municipal Services Taxing Unit (the "MSTU"), for the purpose oflandscape beautification within the MSTU; and WHEREAS, the Board of County Commissioners desires to expand the boundaries of the MSTU. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 92-40, AS AMENDED, TO EXPAND BOUNDARIES ( Section One of Collier County Ordinance No. 92-40, as amended, is hereby amended to add the following geographic area or areas into the MSTU: I Words Underlined are added; Words gtrael: TaTS\:lgn are deleted. Agenda Item No. 8e June 10, 2008 Page 5 of 6 AIt of Section 35: alt of Section 36: all in Townshin 46 South. Raru!e 28 East: The Southwest 1,4 of Section 30. the Northwest ~ of Section 30. the Northeast 1,4 of Section 30 and the North 1Z of the Southeast 1,4 of Section 30: all in Townshin46 South. Ramre 29 East The Northwest v.. Section of Section 31. the Southwest 114 of Section 31 and the Southeast Iii of Section 31: all in TO\\'Dshio 46 South. Ranae 29 East: AIt of Section 6: in Townshin 47 South. Range 29 East. ContaininG!. 3002.079 acres. more or less. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a pan of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be remunbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", 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 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: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Ftorida, this day of ,2008. AlTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA .Deputy Clerk By; TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: Heidi AshtonMCicko Assistant County Attorney @ hJiF AlOrd\A.mendlmmokBeautification(rev} 2 Words Undertined are added; Words Strnol; ThrB.gh are deleted. l~ '01 ~ o enda It m No. 8e Jun 10, 2008 P ge 6 of 6 ~ ~ ~ .;.. I iJ i ~ ;:0 ;~ (,I) I\) 0 iJ 0 ~T en m 0 s::: co s::: 0 ~ r m m )> ~ ;:0 -..j m )> s::: en -I c ;:0 m < en 0 z I\) ~ -..j ,01 r- I~ .;.. I\) (,I) 01 I\) C>>