Chapter 122 - Special Districts7
Chapter 122
SPECIAL DISTRICTS*
Article I. In General
Sec. 122-1. Procedure to create or enlarge lighting district.
Secs. 122-2-122-25. Reserved.
Article Il. Municipal Service Benefit Unit Facilities, Improvements,
Special Assessments and Bond Issues
Division 1. Generally
Sec. 122-26.
Definitions.
Sec. 122-27.
Alternative method.
Sec. 122-28.
No referendum required.
Sec. 122-29.
Creation.
Sec. 122-30.
Powers.
Secs. 122-31-122-40.
Reserved.
Division 2. Special Assessments
Sec. 122-41. Savings provisions.
Sec. 122-42. Levy and payment.
Sec. 122-43. Alternative method of collection.
Secs. 122-44-122-55. Reserved.
Division 3. Bond Issues
Sec. 122-56.
Issuance.
Sec. 122-57.
Taxing power not pledged.
Sec. 122-58.
Funds.
Sec. 122-59.
Remedies of bondholders.
Sec. 122-60.
Refunding bonds.
Secs. 122-61-122-80. Reserved.
Article III. Collier County Lighting District
Sec. 122-81. Area established.
Sec. 122-82. Governing body.
Sec. 122-83. Purposes; powers and duties.
Sec. 122-84. Budget; annual tax levy.
Sec. 122-85, Assessment and collection of taxes.
Secs. 122-86-122-105. Reserved.
Article W. East Naples Fire Control District
Sec. 122-106. Candidates for election to board.
Secs. 122-107-122-125. Reserved.
*Cross references —Administration, ch. 2; emergency services, ch. 50; environment, ch. 54; fire prevention and protection, ch.
58; floods, ch. 62; natural resources, ch. 90; parks and recreation, ch. 98; solid waste collection and disposal and municipal service
benefit units, § 118-86 A seq.; taxation, ch. 126.
Special act reference Special acts pertaining to special districts, ch. 262.
Supp. No. 27 CD122:1
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Article V. Reserved
Secs. 122-126-122-170. Reserved.
Article VI. Henderson Creek Park Fire Control District
Sec. 122-171. Name.
Sec. 122-172. Boundaries.
Sec. 122-173. Governing board.
Sec. 122-174. Powers and duties of board.
Sec. 122-175. Annual budget.
Sec. 122-176. Annual tax levy.
Sec. 122-177. Assessment, collection of taxes.
Sec. 122-178. Receipts, expenditures.
Secs. 122-179-122-200, Reserved.
Article VII. Golden Gate Municipal Services District
Sec. 122-201. Creation; boundaries.
Sec. 122-202. Governing board; powers and duties; advisory committee; mill -
age.
Sec. 122-203. Governing board; powers and duties.
Secs. 122-204-122-225. Reserved.
Article VIII. Ochopee Fire Control District
Sec. 122-226.
Creation.
Sec. 122-227.
Governing board, powers and duties.
Sec. 122-228.
Prerequisite to tax levy.
Sec. 122-229.
Advisory board.
Sec. 122-230.
Construction of article.
Secs. 122-231-122-250.
Reserved.
%/
Article IX, Golden Gate Lighting District Extension
Sec. 122-251. District created; boundaries defined; millage limitation.
Sec. 122-252. Construction of article provisions.
Secs. 122-253-122-275. Reserved.
Article X. Vanderbilt Beach Beautification Municipal Service Taxing
Unit
Sec. 122-276.
Authority.
Sec. 122-277.
Creation of the municipal service taxing unit.
Sec. 122-278.
Purpose and governing body.
Sec. 122-279.
Funding and levy of taxes.
Sec. 122-280.
Tax assessment and collection.
Sec. 122-281.
Creation of the Vanderbilt Beach Beautification Advisory Com-
mittee; appointment and composition.
Sec. 122-282.
Terms of office of the advisory committee.
Sec. 122-283.
Officers of the advisory committee; quorum; rules of procedure.
Sec. 122-284.
Functions, powers and duties of the advisory committee.
Sec. 122-285.
Duties of the county manager or his designee.
Sec. 122-286.
Review process.
Sec. 122-287.
Conversion of overhead utility distribution facilities to under-
ground service.
Secs. 122-288-122-300. Reserved.
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SPECIAL DISTRICTS
Article XI. Victoria Park One Municipal Service Taxing Unit
Sec. 122-301. Creation.
Sec. 122-302. Purpose; authority to levy taxes.
Sec. 122-303. Governing board; powers and duties.
Secs. 122-304-122-325. Reserved.
Article XII. Coastal Water Management Municipal Services Taxing
District
Sec. 122-326. Creation.
Sec. 122-327. Purposes; taxing authority.
Sec. 122-328. Governing board; powers and duties.
Secs. 122-329-122-350. Reserved.
Article X1I1. North Naples Municipal Services Taxing District
Sec. 122-351. Creation, purpose, authority.
Sec. 122-352. Governing board, powers and duties.
Secs. 122-353-122-375. Reserved.
Article XIV. Vanderbilt Waterway Municipal Service Taxing Unit
Sec. 122-376.
Authority.
Sec. 122-377.
Creation of the municipal service taxing unit.
Sec. 122-378.
Purpose and governing body.
Sec. 122-379.
Funding and levy of taxes.
Sec. 122-380.
Tax assessment and collection.
Sec. 122-381.
Creation of the Vanderbilt Waterway Municipal Service Taxing
Unit Advisory Committee, appointment and composition.
Sec. 122-382.
Terms of office of the committee.
Sec. 122-383.
Officers of the committee, quorum and rules of procedure.
Sec. 122-384.
Functions, powers and duties of the committee.
Sec. 122-385.
Duties of the County Manager or designee.
Secs. 122-386-122-400.
Reserved.
Article XV. Pine Air Lakes Community Development District
Sec. 122-401.
Authority for ordinance.
Sec. 122-402.
Establishment of the Pine Air Lakes Community Development
District.
Sec. 122-403.
Designation of initial board members.
Sec. 122-404.
District name.
Sec. 122-405.
Statutory provisions governing district.
Sec. 122-406.
Legal description.
Secs. 122-407-122-425.
Reserved.
Article XVI. Flow Way Community Development District
Sec.
122-426.
Findings of fact.
Sec.
122-427.
Authority for ordinance.
Sec.
122-428.
Establishment of the Flow Way Community Development District.
Sec.
122-429.
Designation of initial board members.
Sec.
122-430.
District name.
Sec.
122-431.
Statutory provisions governing district.
Sec.
122-432.
Consent to special powers.
Secs.
122-433-122-450.
Reserved.
CD122:3
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Article XVII. Talis Park Community Development District
Sec. 122-451.
Findings of fact.
Sec.
122-452.
Authority for ordinance.
Sec.
122-453.
Establishment of the Talis Park Community Development District.
Sec.
122-454.
Designation of initial board members.
Sec.
122-455.
District name.
Sec.
122-456.
Statutory provisions governing district.
Sec.
122-457.
Consent to general powers and recognition of rights regarding
future special powers.
Sec.
122-458.
Legal description.
Secs.
122-459-122-475.
Reserved.
Article XVIII. Fiddler's Creek Community Development District # 2
Sec. 122-476. Authority for ordinance.
Sec. 122-477. Establishment of the Fiddler's Creek Community Development
District # 2.
Sec.
122-478.
Designation of initial board members.
Sec.
122-479.
District name.
Sec.
122-480.
Statutory provisions governing district.
Sec.
122-481.
Consent to special powers.
Secs.
122-482-122-500.
Reserved.
Article XIX. Naples Reserve Community Development District
Sec.
122-501.
Authority for ordinance.
Sec.
122-502.
Establishment of the Naples Reserve Community Development
District.
Sec.
122-503.
District name.
Sec.
122-504.
Designation of initial board members.
Sec.
122-505.
Statutory provisions governing the district.
Sec.
122-506.
Consent to special powers.
Sec.
122-507.
Petitioner's commitments.
Secs.
122-508-122-525.
Reserved.
Article XX. Immokalee Lighting District
Sec.
122-526.
Boundaries.
Sec.
122-527.
Authority.
Sec.
122-528.
Creation.
Sec.
122-529.
Governing body; advisory group.
Sec.
122-530.
Purpose.
Sec.
122-531.
Advisory committee.
Sec.
122-532.
Budget; annual tax millage.
Sec.
122-533.
Assessment and collection of taxes.
Secs.
122-534-122-555. Reserved.
Article XXL City Gate Community Development District
Sec. 122-556. Authority for ordinance.
Sec. 122-557. Establishment of the City Gate Community Development District.
Sec. 122-558. District name.
Sec. 122-559. Designation of initial board members.
Sec. 122-560. Statutory provisions governing the district.
Sec. 122-561. Consent to special powers.
Sec. 122-562. Petitioner's commitments.
Sec. 122-563. Legal description.
Secs. 122-564-122-605. Reserved.
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Article XXII. Currents Community Development District
Sec. 122-606.
Authority for ordinance.
Sec. 122-607.
Establishment of the Currents Community Development District.
Sec. 122-608.
Designation of initial board members.
Sec. 122-609.
District name.
Sec. 122-610.
Statutory provisions governing the district.
Sec. 122-611.
Consent to special powers.
Sec. 122-612.
Petitioner's commitments.
Secs. 122-613-122-630.
Reserved.
Article XXIII. Riviera Colony Golf Estates Unit Two Street Lighting
Municipal Service Taxing District
Sec. 122-631.
Created; boundaries.
Sec. 122-632.
Governing body.
Sec. 122-633.
Purpose; powers.
Sec. 122-634.
Annual estimates of expenses; taxation rate.
Sec. 122-635.
Tax assessment, collection.
Secs. 122-636-122-655.
Reserved.
Article XXIV. South Sth Street/Doak Avenue Municipal Service Taxing
and Benefit Unit
Sec. 122-656.
Authority.
Sec. 122-657.
Creation of the municipal service taxing unit.
Sec. 122-658.
Purpose and governing body.
Sec. 122-659.
Annual estimates of expenses, taxation and assessment rate.
Sec. 122-660.
Tax assessment and collection.
Sec. 122-661.
Duties of the county manager or his designee.
Secs. 122-662-122-685.
Reserved.
Article XXV.
League Road/Trafford Farms Road Municipal Service
Taxing and Benefit Unit
Sec. 122-686.
Authority.
Sec. 122-687.
Creation of the municipal service taxing unit.
Sec. 122-688.
Purpose and governing body.
Sec. 122-689.
Annual estimates of expenses, taxation and assessment rate.
Sec. 122-690.
Tax and assessment and collection.
Sec. 122-691.
Duties of the county manager or his designee.
Secs. 122-692-122-705.
Reserved.
Article XXVL Mediterra South Community Development District
Sec. 122-706.
Authority for ordinance.
Sec. 122-707.
Establishment of the Mediterra South Community Development
District.
Sec. 122-708.
Designation of initial board members.
Sec. 122-709.
District name.
Sec. 122-710.
Statutory provisions governing district.
Sec. 122-711.
Legal description.
Secs. 122-712-122-760.
Reserved.
Article XXVII. Cedar Hammock Community Development District
Sec. 122-761. Authority for ordinance.
Sec. 122-762. Establishment of the Cedar Hammock Community Develop-
ment District.
Supp. No. 102 CD122:5
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Sec. 122-763.
Designation of initial board members.
Sec. 122-764.
District name.
Sec. 122-765.
Statutory provisions governing district.
Sec. 122-766.
Legal description.
Secs. 122-767-122-785.
Reserved.
Article XXVIII. Hacienda Lakes Community Development District
Sec. 122-786.
Authority for ordinance.
Sec. 122-787.
Establishment of the Hacienda Lakes Community Development
District.
Sec. 122-788.
District name.
Sec. 122-789.
Designation of initial board members.
Sec. 122-790.
Statutory provisions governing the district.
Sec. 122-791.
Consent to special powers.
Sec. 122-792.
Petitioner's commitments.
Secs. 122-793-122-820.
Reserved.
Article XXIX. Unincorporated County Area Municipal Service Taxing
Unit -General
Sec. 122-821.
Created; boundaries.
Sec. 122-822.
Governing body.
Sec. 122-823.
Services provided.
Sec. 122-824.
Determination of services.
Sec. 122-825.
Appropriations.
Sec. 122-826.
Maintenance of accounts.
Secs. 122-827-122-845.
Reserved.
Article XXX. Platt Road Municipal Service Benefit Unit
Sec. 122-846.
Authority.
Sec. 122-847.
Creation of the municipal service benefit unit.
Sec. 122-848.
Purpose and governing body.
Sec. 122-849.
Funding.
Sec. 122-850.
Duties of the county manager.
Secs. 122-851-122-870.
Reserved.
Article XXXI. Riviera Golf Estates, Unit 1, Phases 1, 2 and 3 Street
Lighting Municipal Service Taxing District
Sec. 122-871.
Created.
Sec. 122-872.
Boundaries.
Sec. 122-873.
Governing body.
Sec. 122-874.
Purpose; powers.
Sec. 122-875.
Annual estimates of expenses; taxation rate.
Sec. 122-876.
Tax assessment, collection.
Secs. 122-877-122-895.
Reserved.
Article XXXII. 42n' Avenue SE Municipal Service Taxing Unit
Sec. 122-896.
Authority.
Sec.
122-897.
Creation of the Municipal Service Taxing Unit.
Sec.
122-898.
Purpose and Governing Body.
Sec.
122-899.
Funding and Levy of Taxes.
Sec.
122-900.
Tax Assessment and Collection.
Sec.
122-901.
Duties of the County Manager or His Designee.
Secs.
122-902-122-920.
Reserved.
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Article XXXIII. Pine Ridge Industrial Park Municipal Services Taxing
and Benefit Unit
Division 1. Generally
Sec. 122-921. Creation, purpose, taxing authority.
Sec. 122-922. Governing board, powers and duties.
Secs. 122-923—122-935. Reserved.
Division 2. Additional, Supplemental Methods
Sec. 122-936. Definitions.
Sec. 122-937. Construction of assessable improvements; levying of special
assessments.
Sec. 122-938. Bonds.
Sec. 122-939. Provisions supplemental.
Secs. 122-940—122-960. Reserved.
Article XXXIV. Railhead Industrial Park Street Lighting Municipal
Service Taxing Unit
Sec. 122-961. Created.
Sec. 122-962. Boundaries.
Sec. 122-963. Governing body.
Sec. 122-964. Purpose, powers.
Sec. 122-965. Annual estimates of expenses; taxation rate.
Sec. 122-966. Tax assessment, collection.
Secs. 122-967—122-985. Reserved.
Article XXXV. Collier County Production Park Street Lighting
Municipal Service Taxing Unit
Sec. 122-986. Created.
Sec. 122-987. Boundaries.
Sec. 122-988. Governing body.
Sec. 122-989. Purpose, powers.
Sec. 122-990. Annual estimates of expenses; taxation rate.
Sec. 122-991. Tax assessment, collection.
Secs. 122-992—122-1010. Reserved.
Article XXXVI. Tall Pines Subdivision Street Lighting Municipal
Service Taxing Unit
Sec. 122-1011. Created.
Sec. 122-1012. Boundaries.
Sec. 122-1013. Governing body.
Sec. 122-1014. Purpose, powers.
Sec. 122-1015. Annual estimate of expenses; taxation rate.
Sec. 122-1016. Tax assessment, collection.
Secs. 122-1017—122-1035. Reserved.
Article XXXVII. Collier Mosquito Control District
Sec. 122-1036. Boundaries; taxation.
Secs. 122-1037—122-1055. Reserved.
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Article XXXVIII. Crescent Lake Estates Street Lighting Municipal
Service Taxing Unit
Sec. 122-1056. Created; boundaries.
Sec. 122-1057. Governing body.
Sec. 122-1058. Purposes, powers.
Sec. 122-1059. Annual estimate of expenses; taxation rate.
Sec. 122-1060. Tax assessment, collection.
Secs. 122-1061—122-1080. Reserved.
Article XXXIX. Golden Gate Beautification Municipal Service Taxing
Unit
Sec. 122-1081. Authority.
Sec. 122-1082. Creation; boundaries.
Sec. 122-1083. Purposes and governing body.
Sec. 122-1084. Advisory committee, duties, responsibilities.
Sec. 122-1085. Funding and levy of taxes.
Sec. 122-1086. Millage referendum.
Secs. 122-1087—122-1105. Reserved.
Article XL. Goodland Street Lighting Municipal Service Taxing Unit
Sec. 122-1106. Authority for this article.
Sec. 122-1107. Creation; boundaries.
Sec. 122-1108. Purposes and governing body.
Sec. 122-1109. Funding and levy of taxes.
Secs. 122-1110—122-1130. Reserved.
Article XLI. Blue Sage Drive Municipal Service Taxing Unit
Sec. 122-1131. Authority.
Sec. 122-1132. Creation of the Municipal Service Taxing Unit.
Sec. 122-1133. Purpose and Governing Body.
Sec. 122-1134. Funding and Levy of Taxes.
Sec. 122-1135. Tax Assessment and Collection.
Sec. 122-1136. Duties of the County Manager or His Designee.
Secs. 122-1137—122-1155. Reserved.
Article XLII. Private Road Emergency Repair Municipal Service
Taxing Unit
Sec. 122-1156. Authority.
Sec. 122-1157. Creation of the Municipal Service Taxing Unit.
Sec. 122-1158. Purpose and Governing Body.
Sec. 122-1159. Funding and Levy of Taxes.
Sec. 122-1160. Tax Assessment and Collection.
Sec. 122-1161. Duties of the County Manager or Designee.
Secs. 122-1162—122-1180. Reserved.
Article XLIII. Naples Production Park Municipal Service Taxing and
Benefit Unit
Sec. 122-1181. Definitions.
Sec. 122-1182. Creation, boundaries.
Sec. 122-1183. Purpose.
Sec. 122-1184. Governing board.
Sec. 122-1185. Levy of taxes.
Sec. 122-1186. Construction of improvements; levying of special assessments.
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CD122:8Supp. No. 113
Sec. 122-1187. Assessment bonds.
Secs. 122-1188—122-1210. Reserved.
Article XLIV. Reserved
Secs. 122-1211—122-1235. Reserved.
Article XLV. Naples Park Area Drainage Improvement Municipal
Service Taxing and Benefit Unit
Sec. 122-1236. Creation, boundaries, purposes.
Sec. 122-1237. Governing board, powers and duties.
SPECIAL DISTRICTS
CD122:8.1Supp. No. 113
SPECIAL DISTRICTS
Sec.
122-1238.
Annual budget, taxing authority.
Sec.
122-1239.
Collection of taxes.
Sec.
122-1240.
Definitions.
Sec.
122-1241.
Procedure for the levy and collection of the special assessments.
Sec.
122-1242.
Issuance of bonds.
Sec.
122-1243.
Taxing power not pledged.
Sec.
122-1244.
Funds.
Sec.
122-1245.
Remedies of bondholders.
Secs.
122-1246-122-1260.
Reserved.
Article XLVI. Reserved
Secs. 122-1261-122-1290. Reserved.
Article XLVII. Port of the Islands Community Improvement District
Sec.
122-1291.
Establishment.
Sec.
122-1292.
Authority.
Sec.
122-1293.
District name.
Sec.
122-1294.
Statutory provisions governing district.
Sec.
122-1295.
Special district powers.
Sec.
122-1296.
Clarification of regulatory jurisdiction of the Ochopee Fire
Control District.
Secs.
122-1297-122-1320.
Reserved.
Article XLVIII. Sabal Palm Road Extension Municipal Service Taxing
and Benefit Unit
Sec. 122-1321. Creation, boundaries, purposes.
Sec. 122-1322. Governing board, powers and duties.
Sec. 122-1323. Annual budget, taxing authority.
Secs. 122-1324-122-1345. Reserved.
Article XLIX. Corporate Square Street Lighting Municipal Service
Taxing Unit
Sec.
122-1346.
Created; boundaries.
Sec.
122-1347.
Governing body.
Sec.
122-1348.
Purpose; powers.
Sec.
122-1349.
Annual estimates of expenses; taxation rate.
Sec.
122-1350.
Tax assessment and collection.
Secs.
122-1351-122-1370.
Reserved.
Article L. Della Drive Municipal Service Benefit Unit
Sec.
122-1371.
Authority.
Sec.
122-1372.
Creation of the municipal service benefit unit.
Sec.
122-1373.
Purpose and governing body.
Sec.
122-1374.
Funding and levy of taxes.
Sec.
122-1375.
Tax assessment and collection.
Sec.
122-1376.
Duties of the County Manager or his designee.
Secs.
122-1377-122-1395.
Reserved.
Article LI. River Reach Street Lighting Municipal Service Taxing
Unit
Sec. 122-1396. Created; boundaries.
Sec. 122-1397. Governing body.
Supp. No. 85
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Sec. 122-1398. Purpose; powers.
Sec. 122-1399. Annual estimates of expenses; taxation rate.
Sec. 122-1400. Tax assessment and collection.
Secs. 122-1401-122-1420. Reserved.
Article LII. Victoria Park I Street Lighting Municipal Service Taxing
Unit
Sec.
122-1421.
Created; boundaries.
Sec.
122-1422.
Governing body.
Sec.
122-1423.
Purpose; powers.
Sec.
122-1424.
Annual estimates of expenses; taxation rate.
Sec.
122-1425.
Tax assessment and collection.
Secs.
122-1426-122-1445.
Reserved.
Article LIII. Lely Golf Estates Beautification Municipal Service
Taxing Unit
Sec. 122-1446. Created, boundaries, purposes, taxing authority.
Sec. 122-1447. Governing board, powers and duties.
Sec. 122-1448. Advisory committee, duties, responsibilities.
Sec. 122-1449. Itemized budget.
Sec. 122-1450. Collection of taxes.
Secs. 122-1451-122-1470. Reserved.
Article LIV. Countryside 1, 2 and 3 Street Lighting Municipal
Service Taxing Unit
Sec. 122-1471.
Created; boundaries.
.. Sec. 122-1472.
Governing body.
Sec. 122-1473.
Purpose; powers.
Sec. 122-1474.
Annual estimates of expenses; taxation rate.
Sec. 122-1475.
Tax assessment and collection.
Secs. 122-1476-122-1495.
Reserved.
Article LV. Muirfield Subdivision Street Lighting Municipal Service
Taxing Unit
Sec. 122-1496. Created; boundaries.
Sec. 122-1497. Governing body.
Sec. 122-1498. Purpose; powers.
Sec. 122-1499. Annual estimates of expenses; taxation rate.
Sec. 122-1500. Tax assessment and collection.
Secs. 122-1501-122-1520. Reserved.
Article LVI. Reserved
Secs. 122-1521-122-1550. Reserved.
Article LVII. Berkshire Lakes Units 1 and 2 Street Lighting Municipal
Service Taxing Unit
Sec. 122-1551. Created; boundaries.
Sec. 122-1552. Governing body.
Sec. 122-1553. Purpose; powers.
Sec. 122-1554. Annual estimates of expenses; taxation rate.
Sec. 122-1555. Tax assessment and collection.
Secs. 122-1556-122-1575. Reserved.
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Article LVIII. Chokoloskee Island Municipal Service Taxing Unit
Sec. 122-1576. Creation, location.
Sec. 122-1577. Purpose and intent.
Sec. 122-1578. Governing board.
Secs. 122-1579-122-1600. Reserved.
Article LICK. Reserved
Secs. 122-1601-122-1625. Reserved.
Article LX. Reserved
Secs. 122-1626-122-1650. Reserved.
Article LXI. Pelican Bay Municipal Service Taxing and Benefit Unit
Division 1. Generally
Sec. 122-1651. Creation of the Pelican Bay Municipal Service Taxing and Benefit
Unit.
Sec. 122-1652. Boundaries of the unit.
Sec. 122-1653. Governing body.
Sec. 122-1654. Purpose; powers.
Sec. 122-1655. Annual estimates of expenses; taxation and assessment rate.
Sec. 122-1656. Tax and assessment, imposition and collection.
Secs. 122-1657-122-1660. Reserved.
Division 2. Administration
Sec. 122-1661. Creation of the Pelican Bay Municipal Service Taxing and Benefit
Unit Advisory Committee Known as the Pelican Bay Services
Division Board.
Sec. 122-1662. Composition, nomination and appointment.
Sec. 122-1663. Terms of office of the Pelican Bay Services Division Board.
Sec. 122-1664. Removal from office; failure to attend meetings.
Sec. 122-1665. Officers; quorum; rules of procedure.
Sec. 122-1666. Reimbursement of expenses.
Sec. 122-1667. Functions, powers and duties of the Pelican Bay Services Division
Board.
Sec. 122-1668. Duties of the county manager.
Sec. 122-1669. Review process.
Sec. 122-1670. Opportunity to comment prior to initial implementation or use of
the unit's taxing and assessment authority.
Secs. 122-1671-122-1700. Reserved.
Article IMI. Hawksridge Stormwater Pumping System Municipal
Service Taxing Unit
Sec. 122-1701. Creation, purpose.
Sec. 122-1702. Authority.
Sec. 122-1703. Boundaries.
Sec. 122-1704. Governing body.
Sec. 122-1705. Annual estimates of expenses; taxation rate.
Sec. 122-1706. Tax assessment and collection.
Secs. 122-1707-122-1750. Reserved.
Supp. No. 58 CD122:11
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V
Article IM11. Reserved
Secs. 122-1751-122-1775. Reserved.
Article LXIV. Forest Lakes Roadway and Drainage Municipal Service
Taxing Unit
Division 1. Generally
Sec. 122-1776. Created; boundaries, purpose, taxing authority.
Sec. 122-1777. Governing board, powers and duties.
Sec. 122-1778. Advisory committee, duties, responsibilities.
Sec. 122-1779. Itemized budget.
Sec. 122-1780. Collection of taxes.
Secs. 122-1781-122-1800. Reserved.
Division 2. Advisory Committee
Sec. 122-1801. Creation.
Sec. 122-1802. Appointment and composition.
Sec. 122-1803. Terms of office.
Sec. 122-1804. Removal from office; failure to attend meetings.
Sec. 122-1805. Officers; quorum; rules of procedure.
Sec. 122-1806. Reimbursement of expenses.
Sec. 122-1807. Functions, powers and duties.
Sec. 122-1808. Duties of administrator.
Sec. 122-1809. Review process.
Secs. 122-1810-122-1825. Reserved.
Article LXV. Immokalee Beautification Municipal Service Taxing Unit
Division 1. Generally
Sec. 122-1826. Created.
Sec. 122-1827. Authority.
Sec. 122-1828. Boundaries.
Sec. 122-1829. Governing board, powers and duties.
Sec. 122-1830. Purpose.
Sec. 122-1831. Itemized budget and millage rate.
Sec. 122-1832. Collection of taxes.
Sec. 122-1833. Advisory committee, duties and responsibilities.
Secs. 122-1834-122-1838. Reserved.
Division 2. Advisory Committee
Sec. 122-1839. Creation.
Sec. 122-1840. Appointment and composition.
Sec. 122-1841. Terms of office.
Sec. 122-1842. Removal from office; failure to attend meetings.
Sec. 122-1843. Officers, quorum, rules of procedure.
Sec. 122-1844. Reimbursement of expenses.
Sec. 122-1845. Functions, powers and duties of the committee.
Sec. 122-1846. Duties of county administrator or his designee.
Sec. 122-1847. Review process.
Secs. 122-1848-122-1850. Reserved.
Article LXVI. Key Marco Community Development District
Sec. 122-1851. Establishment.
Supp. No. 58 CD122:12
SPECIAL DISTRICTS
Sec. 122-1852. Authority.
Sec. 122-1853. Designation of initial board members.
Sec. 122-1854. District name.
Sec. 122-1855. Statutory provisions governing district.
Secs. 122-1856-122-1875. Reserved.
Article LXVII. Isles of Capri Municipal Rescue and Fire Services
Capital Improvement District
Sec. 122-1876. Creation; boundaries.
Sec. 122-1877. Authority.
Sec. 122-1878. Governing board, powers and duties.
Sec. 122-1879. Purpose.
Sec. 122-1880. Funding and levy of taxes.
Sec. 122-1881. Millage referendum election.
Secs. 122-1882-122-1900. Reserved.
Article LXVIII. Heritage Greens Community Development District
Sec. 122-1901. Establishment, boundaries.
Sec. 122-1902. Authority.
Sec. 122-1903. Designation of initial board members.
Sec. 122-1904. District name.
Sec. 122-1905. Statutory provisions governing district.
Secs. 122-1906-122-1915. Reserved.
Article LXIX. Tarmindo Community Development District
Sec. 122-1916. Authority for ordinance.
Sec. 122-1917. Establishment of the Tamarindo Community Development
District.
Sec. 122-1918. Designation of initial board members.
Sec. 122-1919. District name.
Sec. 122-1920. Statutory provisions governing the district.
Sec. 122-1921. Consent to special powers.
Sec. 122-1922. Petitioner's commitments.
Secs. 122-1923-122-1930. Reserved.
Article LXX. Hacienda North Community Development District
Sec. 122-1931. Authority for ordinance.
Sec. 122-1932. Establishment of the boundaries for the Hacienda North Com-
munity Development District.
Sec. 122-1933. Designation of initial board members.
Sec. 122-1934. District name.
Sec. 122-1935. Statutory provisions governing the district.
Sec. 122-1936. Consent to special powers.
Sec. 122-1937. Petitioner's commitments.
Secs. 122-1938-122-1945. Reserved.
Article LXXI. Terreno Community Development District
Sec. 122-1946. Authority for ordinance.
Sec. 122-1947. Establishment of the boundaries for the Terreno Community
Development District.
Sec. 122-1948. Designation of initial board members.
Sec. 122-1949. District name.
Sec. 122-1950. Statutory provisions governing the district.
Supp. No. 105 CD122:13
SPECIAL DISTRICTS
Sec. 122-2034. Governing board; powers and duties.
Secs. 122-2035-122-2040. Reserved.
Article LXXVII. Capital Project Assessment
Division 1. Introduction
Sec. 122-2041. Definitions.
Sec. 122-2042. Interpretation; title and citation.
Sec. 122-2043. General findings.
Division 2. Municipal Service Benefit Units
Sec. 122-2044. Creation of municipal service benefit units.
Sec. 122-2045. Landowner petition process.
Division 3. Assessments
Sec. 122-2046. Authority.
Sec. 122-2047. Initial assessment resolution.
Sec. 122-2048. Assessment roll.
Sec. 122-2049. Notice by publication.
Sec. 122-2050. Notice by mail.
Sec. 122-2051. Adoption of final resolution.
Sec. 122-2052. Annual assessment resolution.
Sec. 122-2053. Effect of assessment resolutions.
Sec. 122-2054. Lien of assessments.
Sec. 122-2055. Revisions to assessments.
Sec. 122-2056. Procedural irregularities.
Sec. 122-2057. Correction of errors and omissions.
Division 4. Collection of Assessments
Sec. 122-2058. Method of collection.
Sec. 122-2059. Alternative method of collection.
Sec. 122-2060. Responsibility for enforcement.
Sec. 122-2061. Government property.
Division 5. Issuance of Obligations
Sec. 122-2062. General authority.
Sec. 122-2063. Terms of the obligations.
Sec. 122-2064. Variable rate obligations.
Sec. 122-2065. Temporary obligations.
Sec. 122-2066. Anticipation notes.
Sec. 122-2067. Taxing power not pledged.
Sec. 122-2068. Trust funds.
Sec. 122-2069. Remedies of holders.
Sec. 122-2070. Refunding obligations.
Division 6. General Provisions
Sec. 122-2071. Alternative method.
Sec. 122-2072. Effect on Ordinance No. 88-23, as amended.
Secs. 122-2073-122-2090. Reserved.
Article LXXVIII. Caymas Community Development District
Sec. 122-2091. Authority for ordinance.
Supp. No. 111 CD122:14.1
COLLIER COUNTY CODE
Sec. 122-2092. Establishment of the boundaries for the Caymas Community
Development District.
Sec. 122-2093. Designation of initial board members.
Sec. 122-2094. District name.
Sec. 122-2095. Statutory provisions governing the district.
Sec. 122-2096. Consent to special powers.
Sec. 122-2097. Petitioner's commitments.
Secs. 122-2098-122-2120. Reserved.
Article LXXIX. Enbrook Community Development District
Sec. 122-2121. Authority for ordinance.
Sec. 122-2122. Establishment of the Enbrook Community Development District.
Sec. 122-2123. Designation of initial board members.
Sec. 122-2124. District name.
Sec. 122-2125. Statutory provisions governing the district.
Sec. 122-2126. Consent to special powers.
Sec. 122-2127. Petitioner's commitments.
Secs. 122-2128-122-2130. Reserved.
Article LXXX. Wentworth Estates Community Development District
Sec. 122-2131. Authority for article.
Sec. 122-2132. Establishment of the Wentworth Estates Community Develop-
ment District.
Sec. 122-2133. Designation of initial board members.
Sec. 122-2134. District name.
Sec. 122-2135. Statutory provisions governing district.
Sec. 122-2136. Consent to special powers.
Sec. 122-2137. Petitioner's commitments.
Secs. 122-2138-122-2140. Reserved.
Article LXXXI. Verona Walk Community Development District
Sec. 122-2141. Authority for article.
Sec. 122-2142. Establishment of the Verona Walk Community Development
District.
Sec. 122-2143. Designation of initial board members.
Sec. 122-2144. District name.
Sec. 122-2145. Statutory provisions governing the district.
Sec. 122-2146. Consent to special powers.
Secs. 122-2147-122-2150. Reserved.
Article LXXXII. Quarry Community Development District
Sec. 122-2151. Authority for article.
Sec. 122-2152. Establishment of the quarry community development district.
Sec. 122-2153. Designation of initial board members.
Sec. 122-2154. District name.
Sec. 122-2155. Statutory provisions governing the district.
Sec. 122-2156. Consent to special powers.
Secs. 122-2157-122-2160. Reserved.
Article LX=H. Heritage Bay Community Development District
Sec. 122-2161. Authority for article.
Sec. 122-2162. Establishment of the Heritage Bay Community Development
District.
Supp. No. 111 CD122:14.2
SPECIAL DISTRICTS
Sec. 122-2163. Designation of initial board members.
Sec. 122-2164. District name.
Sec. 122-2165. Statutory provisions governing the district.
Sec. 122-2166. Consent to special powers.
Secs. 122-2167-122-2170. Reserved.
Article LXXXIV. Winding Cypress Community Development District
Sec. 122-2171. Authority for ordinance.
Sec. 122-2172. Establishment of the Winding Cypress Community Develop-
ment District.
Sec. 122-2173. Designation of initial board members.
Sec. 122-2174. District name.
Sec. 122-2175. Statutory provisions governing the district.
Sec. 122-2176. Consent to special powers.
Sec. 122-2177. Petitioner's commitments.
Secs. 122-2178-122-2180. Reserved.
Article LN]CW. Brightshore Community Development District
Sec. 122-2181. Authority for ordinance.
Sec. 122-2182. Establishment of the boundaries for the Brightshore Com-
munity Development District.
Sec. 122-2183. Designation of initial Board Members.
Sec. 122-2184. District name.
Sec. 122-2185. Statutory provisions governing the district.
Sec. 122-2186. Consent to special powers.
Sec. 122-2187. Petitioner's commitments.
Secs. 122-2188, 122-2189. Reserved.
Article LXXXVI. Fronterra Community Development District
Sec. 122-2190. Authority for ordinance.
Sec. 122-2191. Establishment of the Fronterra Community Development District.
Sec. 122-2192. Designation of initial board members.
Sec. 122-2193. District name.
Sec. 122-2194. Statutory provisions governing the district.
Sec. 122-2195. Consent to special powers.
Sec. 122-2196. Petitioner's commitments.
Secs. 122-2197-122-2200. Reserved.
Article LXXXVII. Rock Road Improvement Municipal Service Taxing
Unit
Sec. 122-2201. Authority.
Sec. 122-2202. Creation of the municipal service taxing unit.
Sec. 122-2203. Purpose and governing body.
Sec. 122-2204. Funding and levy of taxes.
Sec. 122-2205. Tax assessment and collection.
Sec. 122-2206. Duties of the county manager or his designee.
Secs. 122-2207-122-2210. Reserved.
Article LXXXVIII. Haldeman Creek Maintenance Dredging Municipal
Service Taxing Unit
Sec. 122-2211. Authority.
Sec. 122-2212. Creation of the municipal service taxing unit.
Sec. 122-2213. Purpose and governing body.
Supp. No. 111 CD122:14.3
COLLIER COUNTY CODE
Sec. 122-2214. Funding and levy of taxes.
Sec. 122-2215. Tax assessment and collection.
Sec. 122-2216. Creation of the Haldeman Creek Dredging Maintenance Advisory
Committee, appointment and composition.
Sec. 122-2217. Terms of office of the advisory committee.
Sec. 122-2218. Officers of the advisory committee, quorum and rules of procedure.
Sec. 122-2219. Functions, powers and duties of the advisory committee.
Sec. 122-2220. Duties of the county manager or his designee.
Sec. 122-2221. Review process.
Secs. 122-2222-122-2250. Reserved.
Article LXK=. The Palm River Sidewalk Municipal Service Taxing
Unit
Sec. 122-2251. Authority.
Sec. 122-2252. Creation of the Municipal Service Taxing Unit.
Sec. 122-2253. Purpose and governing body.
Sec. 122-2254. Funding and levy of taxes.
Sec. 122-2255. Tax assessment and collection.
Sec. 122-2256. Duties of the county manager or designee.
Sec. 122-2257. Conflict and severability.
Secs. 122-2258-122-2270. Reserved.
Article XC. Hyde Park Community Development District 1
Sec. 122-2271. Authority.
Sec. 122-2272. Establishment of the Hyde Park Community Development
District 1.
Sec. 122-2273. Designation of initial board members.
Sec. 122-2274. District name.
Sec. 122-2275. Statutory provisions governing the district.
Sec. 122-2276. Consent to special powers.
Sec. 122-2277. Petitioner's commitments.
Supp. No. 111 CD122:14.4
SPECIAL DISTRICTS
ARTICLE I. IN GENERAL
Sec. 122-1. Procedure to create or enlarge
lighting district.
(a) A new lighting district may be created, or
an existing lighting district enlarged, by motion
and three affirmative votes by the board of county
commissioners in a regular or special meeting or
by petition to the board by 50 percent plus one of
the persons owning property within the proposed
district, or area to be added to an existing district.
(b) The motion or petition shall describe the ter-
ritory within the proposed district or addition
thereto, and the district if any.
(c) Within 30 days the clerk shall forward any
petition to the property appraiser.
(d) The property appraiser shall verify that the
petition is duly signed by 50 percent plus one of
the property owners within the boundaries of the
proposed district or area to be added and return
the petition to the clerk of the board of county
commissioners.
(e) The clerk shall enter any qualified petition
as a board agenda item.
(f) The board of county commissioners may by
motion direct the county engineer to prepare a
preliminary report to include the following:
(1) The boundaries or other description suffi-
cient to identify the property petitioned to
be included in the district or enlargement;
the engineer's recommendations as to ter-
ritory that should be excluded based upon
disproportionate cost of providing service
or other reasons; any recommendation to
include additional territory; an estimate of
the cost; an estimate of the annual expense
of maintaining, repairing and operating the
project; and his recommendations con-
cerning service charges and the levy of spe-
cial assessments for paying all or a part of
such expenses.
(2) The engineer's recommendations con-
cerning the need for the desirability of the
§ 122-25
project, the ability of the affected property
to bear the special assessments and his
opinion concerning:
a. If all lots and parcels within the pro-
posed area will be specially benefited
by the proposed project;
b. If any property which would be spe-
cially benefited by such project is not
included in the district; and
c. If each lot or parcel in the district will
be specially benefited by such project
in excess or the amount of such special
assessments to be levied thereon.
(3) If the recommendations are favorable to the
creation or enlargement of the district; a
recommended levy of special assessments
against the benefited property, and an es-
timate of the amount to be assessed against
each front foot or other unit of benefited
property.
(4) The engineering report shall be filed with
the clerk of the board of county commis-
sioners.
(g) The clerk may cause notice of a public
hearing to be published in a newspaper of general
circulation in the county at least 20 days before
and hold a public hearing upon such report and
the question of the creation or enlargement of said
district.
(h) Any person aggrieved by the creation or en-
largement of any lighting district in accordance
with this section shall, within 20 days, appeal to
the board of county commissioners and present
evidence supporting his grievance. After such
hearing the board's decision shall be final.
(i) A lighting district shall be deemed created
or enlarged in accordance with this section 30 days
after the public hearing thereon, or 30 days after
the board's decision concerning an appeal, which-
ever is the latter.
(Ord. No. 73-20, § 1)
Secs. 122-2-122-25. Reserved.
CD122:15
§ 122-26 COLLIER COUNTY CODE
ARTICLE II. MUNICIPAL SERVICE (7) Amounts necessary to pay redemption pre -
BENEFIT UNIT FACILITIES, miums for early retirement of bonds or
IMPROVEMENTS, SPECIAL notes;
ASSESSMENTS AND BOND ISSUES
(8) The creation of reserve or debt service
DIVISION 1. GENERALLY funds;
Sec. 122.26. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings as-
cribed to them in this section, except where the
context clearly indicates a different meaning:
Approving resolution means the resolution de-
scribed in subsection 122-42(4) which shall ap-
prove the plans, specifications, estimated costs and
tentative assessment roll and shall confirm or deny
the initial resolution.
Assessment roll means the assessment roll as
approved by the final resolution.
Bonds means the bonds issued by the county
pursuant to resolution of the county, payable from
the pledged revenues.
Clerk means the clerk of the circuit court of the
county, ex-officio clerk of the board of county com-
missioners, or his designee.
Cost or costs means, as applied to the acquisi-
tion and construction of any projects authorized
by the board of county commissioners:
(1) The cost of physical construction, recon-
struction or completion;
(2) The costs of acquisition or purchase;
(3) The cost of all labor, materials, machinery
and equipment;
(4) The cost of all lands and interest therein,
property rights, easements and franchises
of any nature whatsoever;
(5) The cost of any indemnity or surety bonds
and premiums for insurance during con-
struction;
(9) Costs and expenses related to the issuance
of bonds or notes or other indebtedness re-
lated to the project, all financing charges
and any expenses related to any liquidity
facility or credit facility, including interest
on bonds or notes hold by the issuer of such
liquidity facility or credit facility;
(10) The cost of construction plans and specifi-
cations, surveys and estimates of costs;
(11) The cost of engineering, financial, legal and
other consultant services;
(12) The costs related to the collection of special
assessments, including any service charges
of the tax collector or property appraiser
and amounts necessary to offset discounts
received for early payment of special assess-
ments pursuant to applicable law; and
(13) All other costs and expenses properly at-
tributable to such acquisition or construc-
tion and such other expenses as may be nec-
essary or incidental to financing authorized
by this article;
and including reimbursement of the county or any
other person for any moneys advanced for any
costs incurred by the county or such person in
connection with any of the foregoing items of cost.
Unless otherwise provided by resolution of the
board of county commissioners, costs shall not in-
clude any of the costs or expenses described above
to the extent such costs or expenses were incurred
prior to the adoption by the board of the resolu-
tion authorizing the acquisition and construction
of the related project.
(6) Interest prior to and during construction County engineer means such engineer or firm of
and for such period of time after completion engineers as shall be retained by the county to
of the construction or acquisition of such perform the responsibilities of the county engi-
projects as the board of county commis- neer as provided hereunder. The county engineer
sioners deems appropriate; may be in the regular employment of the county.
CD122:16
I, -
SPECIAL DISTRICTS
Final resolution means the resolution described
in subsection 122-42(9) which shall approve the
assessment roll.
Initial resolution means the resolution described
in subsection 122-4(1) which shall be the initial
proceeding for levying and imposing special as-
sessments.
Notes means notes issued in anticipation of
bonds as provided in sections 122-42(6) and 122-56.
Pledged revenues means:
(1) The proceeds of the bonds, including invest-
ment earnings;
(2) Proceeds of the special assessments as spec-
ified by the resolution authorizing the
bonds; and
(3) Any other nonad valorem revenues or other
legally available moneys pledged by the
county under the resolution authorizing the
bonds.
Preliminary assessment roll means the prelim-
inary assessment roll prepared by the county en-
gineer as described in subsection 122-42(7).
Projects means the facilities and improvements
which the county may construct or acquire in a
unit pursuant to F.S. § 125.01(1)(q).
Special assessment means the special assess-
ments lawfully levied by the county in accordance
with the terms of this article against properties
specially benefited by the acquisition and construc-
tion of the projects.
Tax rolls means the real property assessment
tax roll maintained by the property appraiser of
the county for the purpose of the levy and collec-
tion of ad valorem taxes.
Tentative assessment roll means the tentative
assessment roll prepared by the county engineer
as described in section 122-42(2).
Unit means the municipal service benefit units
from time to time created by the county.
Unit resolution means the resolution described
in section 122-29 which shall establish a unit.
(Ord. No. 88-23, § 1)
Cross reference —Definitions generally, § 1-2.
Sec. 122-27. Alternative method.
§ 122-29
This article shall be deemed to provide an ad-
ditional and alternative method for the doing of
the things authorized hereby and shall be re-
garded as supplemental and additional to powers
conferred by other laws, and shall not be regarded
as in derogation of any powers now existing or
which may hereafter come into existence. This
article, being necessary for the welfare of the in-
habitants of the county, shall be liberally con-
strued to effect the purposes hereof.
(Ord. No. 88-23, § 10)
Sec. 122.28. No referendum required.
No referendum or election in the county shall
be required for the exercise of any of the provi-
sions of this article, unless such referendum or
election is required by the state constitution.
(Ord. No. 88-23, § 11)
Sec. 122.29. Creation.
(a) There is hereby authorized the creation and
establishment by subsequent resolution of the
board of county commissioners municipal service
benefit units in the county under the authority of
F.S. § 125.01. The provisions of this article shall,
unless otherwise stated in the unit resolution,
apply to all units hereinafter created in which
special assessments shall be levied by the county.
(b) The board of county commissioners may de-
termine to establish a unit either by its own ini-
tiative or pursuant to a petition of property owners
located in such unit. Each petition to establish a
unit must be signed by a majority of the property
owners within the proposed unit. The petition shall
indicate the area to be included within the pro-
posed unit and state the nature of the proposed
project. The petition shall also state that the
project shall be principally paid from special as-
sessments. Each petition shall be provided to the
clerk who shall forward the petition to the prop-
erty appraiser of the county. The property ap-
praiser shall verify that the petition is duly signed
by a majority of the property owners within the
proposed unit. Subsequent to verification, the prop-
erty appraiser shall return the petition to the
clerk. The qualified petition shall then be entered
as a board of county commissioners agenda item.
CD 122:17
§ 122-29 COLLIER COUNTY CODE
A petition to establish a unit shall comply with
all other applicable county ordinances, resolu-
tions and regulations, unless otherwise waived by
the board.
(c) The clerk shall publish, in a newspaper of
general circulation, published and circulating in
the county, a notice stating that at a meeting of
the board on a certain day and hour, not earlier
than 15 calendar days from such publication (ex-
cluding Saturdays, Sundays and legal holiday),
which meeting may be a regular, adjourned or
special meeting, the board of county commissioners
will hear objections of all interested persons to
the establishment of the unit and will consider
the adoption of the unit resolution creating such
unit. Such notice shall also describe the area to be
encompassed by the proposed unit, the nature of
the project to be constructed or acquired within
such unit, the procedure of objecting and such
other information as the board of county commis-
sioners deems appropriate to include in such no-
tice. In addition to the published notice described
above, the clerk shall mail a copy of such notice
by first class mail to each property owner in the
proposed unit. Notice shall be mailed, at least 15
calendar days prior to the hearing, to each prop-
erty owner at such address as is shown on the tax
rolls. Notice shall be deemed mailed upon de-
livery thereof to the possession of the U.S. Postal
Service. The failure of the clerk to mail such no-
tice shall not constitute a valid objection to holding
the hearing or the adoption of the unit resolution
as provided herein.
(d) All objections to the adoption of the unit
resolution creating the unit shall be made in
writing, and filed with the clerk at or before the
time or adjourned time of such hearing. Upon con-
sideration of the objections and the unit resolu-
tion, the board of county commissioners shall con-
sider the unit resolution with such amendments
as it deems appropriate or necessary. The adop-
tion of the unit resolution shall be the final adju-
dication of the issues presented thereby unless
proper steps shall be initiated in a court of com-
petent jurisdiction to secure relief within 20 days
from the date of board of county commissioners
action on the unit resolution.
(e) Any informality or irregularity in the pro-
ceedings in connection with the creation of any
unit under the provisions of this article shall not
affect the validity thereof and such unit shall be
deemed to be valid in all respects unless it be
clearly shown that the party objecting to the va-
lidity thereof was materially injured by the cre-
ation of such unit.
(Ord. No. 88-23, § 2)
Sec. 122-30. Powers.
For the purpose of providing the services and
facilities described in this article within the units,
the board of county commissioners shall have the
following authority and powers within the units:
(1) To acquire, improve and construct the
projects.
(2) To levy and collect special assessments or
any portion thereof in the manner provided
in this article.
(3) To authorize and issue bonds to finance the
cost of the projects payable from pledged
revenues in the manner provided in this
article.
(4) To authorize and issue notes to finance the
cost of the project payable from the moneys
described in subsection 122-42(6).
(5) To acquire in the name of the county, ei-
ther by purchase or the exercise of the right
of eminent domain by the county, such lands
and rights and interests and to acquire such
personal property as may be deemed neces-
sary in connection with the acquisition and
construction of the projects.
(6) To make and enter into all contracts and
agreements necessary or incidental to the
performance of its duties and the execution
of its powers under this article, and to em-
ploy such consulting engineers, attorneys,
accounts, construction and financial ex-
perts, superintendents, managers and other
employees, contractors and agents as may,
in the judgment of the board of county com-
missioners, be deemed necessary or conve-
nient and to fix their compensation.
CD122:18
SPECIAL DISTRICTS
(7) To exercise any and all of the powers of the
county not enumerated above necessary or
incidental for the purpose of providing the
services, improvements and benefits de-
scribed herein.
(Ord. No. 88-23, § 3)
Secs. 122-31-122.40. Reserved.
DIVISION 2. SPECIAL ASSESSMENTS
Sec. 122.41. Savings provisions.
Except as otherwise provided by the resolution
or ordinance of the board of county commissioners
establishing a unit, the provisions of this division
shall apply to all units hereinafter established by
the county in which special assessments shall be
levied by the county to pay for the costs of projects
constructed or acquired therein and the provi-
sions hereof shall supersede, but not repeal, the
provisions of any ordinance or resolution to the
extent of any conflict herewith. Units which have
heretofore been established by the county and
which have not heretofore levied and imposed spe-
cial assessments shall, unless otherwise provided
by resolution of the board of county commissioners,
levy and impose special assessments in accor-
dance with the provisions hereof and the provi-
sions of sections 122-26, 122-127 and this division
shall be applicable for such units. In the case of
units established by articles XXXIII, XLV and
XLVIII, the board of county commissioners shall
determine, by resolution, whether special assess-
ments levied and imposed in each such unit shall
be made pursuant to this division or the assess-
ment procedures heretofore enacted by the board
of county commissioners in regard to such units
(articles XXXIII, division 2; XLIII and XLVI re-
spectively); such assessment procedures shall be
superseded by the procedures provided in this di-
vision if the board determines by resolution to
utilize this division. The board of county commis-
sioners hereby ratifies the creation and establish-
ment of all units heretofore established and the
levying and imposition of all assessments hereto-
fore levied within such units.
(Ord. No. 88-23, § 13)
Sec. 122.42. Levy and payment.
§ 122-42
The board of county commissioners may pro-
vide for the cost of a project by the levying in the
unit in which the project is located special assess-
ments upon benefited property within the unit at
a rate of assessment based on the special benefit
accruing to such property from such project. Such
special assessments shall be assessed in confor-
mity with the following special assessment proce-
dure:
(1) The initial proceeding shall be the passage
by the board of county commissioners of an
initial resolution ordering the acquisition,
construction or reconstruction of assessable
improvements constituting an individual
project, indicating, in general, the location
(the location may be established by refer-
ence to boundaries or a map or by reference
to the unit) and description of such improve-
ments, which shall be sufficient to enable
the county engineer to prepare the plans
and specifications of such improvements as
described in subsection (2) of this section.
The initial resolution shall also state the
portion, if any, of the project to be paid by
the county, the estimated costs of the
project, if available, and the method of as-
sessment which may be by frontage,
acreage, square footage, parcel or any other
combination thereof or any other method
deemed equitable by the board of county
commissioners. The initial resolution may
provide for alternative improvements and
method of assessment. The improvements
constituting the project need not be contig-
uous and may be in more than one locality
or street. The initial resolution ordering any
such improvement may give any short and
convenient designation to each improve-
ment ordered thereby. The initial resolu-
tion may be adopted at the same meeting of
the board of county commissioners at which
the unit resolution is adopted.
(2) As soon as possible after the passage of the
initial resolution the county engineer shall
prepare, or cause to be prepared, in tripli-
cate, plans, specifications and cost estimates
for the improvements constituting the
CD 122:19
§ 122-42
COLLIER COUNTY CODE
project. The plans and specifications need
triplicate shall be retained by the
only be in sufficient form to enable the
county engineer in his files, all of which
county engineer to estimate the costs of the
shall remain open to public inspection.
project and prepare a tentative assessment
roll. If the initial resolution shall provide
(3) The clerk, upon the filing with him of such
alternative improvements or method of as-
plans, specifications, cost estimates and ten-
sessment, such plans, specifications and cost
tative assessment roll, shall publish once
estimates shall include an estimate of the
in a newspaper of general circulation, pub -
costs of each such alternative.
lished and circulating in the county, a no-
. The county engineer shall also prepare,
tice stating that at a meeting of the board
or cause to be prepared, in triplicate,
of county commissioners on a certain day
the tentative assessment roll, which
and hour, not earlier than 15 calendar days
roll shall contain:
from such publication (excluding Saturdays,
Sundays and legal holiday), which meeting
1. A description of the lots and par-
shall be a regular, adjourned or special
cels of real property within the unit
meeting, the board of county commissioners
which will benefit from such as-
will hear objections of all interested per-
sessable improvements and the es-
sons to the approving resolution which shall
timated amount of benefits to each
approve the aforementioned plans, specifi-
such lot or parcel of property, pro-
cations, cost estimates and tentative assess-
vided such lots and parcels shall
ment roll. Such notice shall state:
include the property of the county,
a. In brief and general terms a descrip-
and any school district, special dis-
tion of the applicable project with the
trict, municipality or political sub-
location thereof (location may be estab-
division;
2. The name of the owner of record of
lished by reference to boundaries or a
each lot and parcel as shown on
map or by reference to the unit);
the tax rolls;
b. The procedure for objecting provided in
3. The total estimated cost of the
subsections (4) and (5) of this section;
project to each benefited lot or
c. That plans, specifications, cost esti-
parcel; and
mates and the tentative assessment
4. The method or alternative method
roll, which shall include the method or
of assessment utilized in deter-
methods of assessment, are on file with
mining the cost of the project to be
the clerk and the county administrator
assessed to property owners, in-
and all interested persons may ascer-
cluding any formulas for dealing
tain the amount to be assessed against
with irregular lots and any as-
a lot or parcel of property at the office
sumptions of depth of the lots.
of the clerk; and
d. In the event the alternative method of
Such tentative assessment roll shall not
collection of special assessments, as de -
be held to limit or restrict the duties of
scribed in section 122-43, is utilized by
the county engineer in the preparation
the county, that such method may re -
of the preliminary assessment roll
sult in the potential loss of title to prop -
under the provision of subsection (7) of
erty which is assessed in the event of
this section.
nonpayment of the special assessments;
b. One of the triplicates of such plans,
provided, however, the notice described in
specifications, cost estimates and the
subsection d. of this subsection may be given
tentative assessment roll shall be filed
at such other time as the board of county
with the clerk, one shall be filed with
commissioners deems appropriate. In addi-
the county administrator and the other
tion to the published notice described above,
CD 122:20
SPECIAL DISTRICTS
the clerk shall mail a copy of the notice by
first class mail to each property owner pro-
posed to be assessed. Notice shall be mailed
at least 15 calendar days prior to the
hearing to each property owner at such ad-
dress as is shown on the tax rolls. Notice
shall be deemed mailed upon delivery
thereof to the possession of the U.S. Postal
Service. The failure of the clerk to mail such
notice shall not constitute a valid objection
to holding the hearing as provided in this
section or to any other action taken under
the authority of this section. The clerk may
provide proof of such notice by affidavit.
(4) At the time named in such notice, or to
which an adjournment may be taken by the
board of county commissioners, the board
shall receive any objections of interested
persons and may then or thereafter adopt
the approving resolution which shall:
a. Approve the aforementioned plans,
specifications, cost estimates and ten-
tative assessment roll, including
method of assessment, with such
amendments as it deems just and right;
b. Repeal or confirm the initial resolu-
tion with such amendments, if any, as
may be deemed appropriate by the
board of county commissioners; and
c. Notice described in subsection (3)d. of
this section has been provided to prop-
erty owners, authorize or reject the al-
ternative method of collection of spe-
cial assessments described in section
122-43.
Special assessments shall be levied against
all property in the applicable unit specially
benefited by the improvements. In the event
the board of county commissioners estab-
lished alternative improvements or methods
of assessment in the initial resolution, the
board of county commissioners shall pro-
vide in the approving resolution the descrip-
tion of improvement and method of assess-
ment which shall be utilized.
(5) All objections to the approving resolution
shall be made in writing, and filed with the
clerk at or before the time or adjourned time
§ 122-42
of such hearing. Special assessments shall
be established upon adoption of the ap-
proving resolution. The adoption of the ap-
proving resolution shall be the fiscal adju-
dication of the issues presented (including,
but not limited to, the method of assess-
ment, the tentative assessment roll, the
plans and specifications, the estimated cost
of the project, the levy and lien of the spe-
cial assessments, the interest rate the spe-
cial assessments shall bear, and the terms
of prepayments of the special assessments)
unless proper steps shall be initiated in a
court of competent jurisdiction to secure re-
lief within 20 days from the date of board of
county commissioners action on the ap-
proving resolution. Notice of the lien of the
special assessments shall be recorded in the
official records book in the office of the clerk.
Such notice shall provide in general the lo-
cations of the property which are assessed
and direct interested parties to the tenta-
tive assessment roll or assessment roll, upon
approval thereof. The tentative assessment
roll, as approved by the approving resolu-
tion, shall be delivered to, and kept by, the
clerk or such other official as the board of
county commissioners, by resolution, deems
appropriate.
(6) Whenever the approving resolution shall
have been adopted, as hereinabove pro-
vided, or at any time thereafter, the board
of county commissioners may issue bonds,
the principal and interest of which shall be
payable from such pledged revenues as the
board of county commissioners deems ap-
propriate in the resolution authorizing the
issuance of bonds. Said bonds shall mature
not later than two years after the last in-
stallment in which said special assessments
may be paid, as provided in section 122-56,
and shall bear interest at a rate not ex-
ceeding the maximum rate provided by law.
In addition, the board of county commis-
sioners may issue notes, the principal and
interest of which may be payable from the
proceeds of the bonds, the proceeds of the
special assessments, the proceeds of the
notes and such other legally available
moneys as the board of county commis-
CD122:21
§ 122.42 COLLIER COUNTY CODE "-IN
sioners deems appropriate. Said notes shall
of the board of county commissioners to be
mature within five years of their issuance
held on a certain day and hour, not earlier
and shall bear interest at a rate not ex-
than 15 calendar days from publication (ex-
ceeding the maximum rate provided by law.
cluding Saturdays, Sundays and legal hol-
The board of county commissioners may
idays), which meeting may be a regular,
issue bonds to repay the notes. The pro-
adjourned or special meeting, all interested
ceeds of the bonds and notes, unless other-
persons may appear and file written objec-
wise used to refund bonds or notes, shall be
tions to the approval of the preliminary as -
used to pay the costs of the projects.
sessment roll. Such notice shall describe in
general terms the assessable improvements
(7) Within such period of time after the com-
and the location thereof (location may be
pletion of the acquisition or construction of
established by reference to boundaries or a
the project as may be directed by the county
map or by reference to the unit), and advise
administrator (but in no event more than
all persons interested that the description
six months after such completion of the
of each property to be assessed and the
project), the county engineer shall prepare
amount to be assessed to each lot or parcel
the preliminary assessment roll and file the
or property may be ascertained at the office
same with the clerk and the county admin-
of the clerk. In addition to the published
istrator, which roll shall contain the fol-
notice described above, the clerk shall mail
lowing:
at least 15 calendar days prior to the
a. A description of lots and parcels of land
hearing a copy of the notice by first class
or land within the unit which will ben-
mail to each property owner proposed to be
efit from such assessable improvements
assessed. Notice shall be mailed to each
constituting the project and the amount
property owner at such address as is shown
of such benefits to each such lot or
on the tax rolls. The failure of the clerk to
parcel of land. Such lots and parcels
mail such notice shall not constitute a valid
shall include the property of the county
objection to the approval of the preliminary
and any school district, municipality,
assessment roll. Notice shall be deemed
special district or other political subdi-
mailed upon delivery thereof to the posses -
vision. There shall also be given the
sion of the U.S. Postal Service. All objec-
name of the owner of record of each lot
tions shall be made in writing, and filed
or parcel as shown on the tax rolls.
with the clerk at or before the time or ad-
b. The total cost of the improvement to
journed time of the hearing. The clerk may
each benefited lot or parcel.
provide proof of such notice by affidavit.
c. The method of assessment utilized in
(9) At the time and place stated in such notice,
determining the cost of improvements
the board of county commissioners shall
to be assessed to property owners, in-
meet and receive the objections in writing
cluding any formulas for dealing with
of all interested persons as stated in such
irregular lots, and any assumptions of
notice. The board of county commissioners
depth of lots.
may adjourn the hearing from time to time.
After the completion thereof the board of
(8) The preliminary assessment roll shall be
county commissioners shall adopt the final
advisory only and shall be subject to the
resolution which shall either annul or sus -
action of the board of county commissioners
tain or modify in whole or part the prelim -
as hereinafter provided. Subsequent to the
inary assessment as indicated on the pre -
filing with the clerk of the preliminary as-
liminary assessment roll, either by
sessment roll, the clerk shall publish at
approving the preliminary assessment
least once in a newspaper of general circu-
against any or all lots or parcels described
lation, published and circulating in the
therein or by canceling, increasing or re -
county, a notice stating that at a meeting
ducing the same, according to the special
_-N,
CD122:22
SPECIAL DISTRICTS
§ 122-42
benefits which the board of county commis-
lief. If the special assessment against any
sioners shall decide each lot or parcel has
property shall be sustained or reduced or
received or will receive on account of such
abated by the court, the clerk shall note
improvements. If any property which may
that fact on the assessment roll opposite
be chargeable under this section shall have
the description of the property affected
been omitted from the preliminary assess-
thereby. The amount of the special assess-
ment roll or if the preliminary assessment
ment against any lot or parcel which may
shall not have been made against it, the
be reduced or abated by the court, unless
board of county commissioners may, upon
that assessment upon the entire unit be re -
compliance with the procedures set forth in
duced or abated, may by resolution of the
this section, provide for the assessment of
board of county commissioners be made
such omitted property. The board of county
chargeable against the applicable unit at
commissioners shall not approve any spe-
large, or, at the discretion of the board of
cial assessment in excess of the special ben-
county commissioners, a new assessment
efits to the property assessed, and the spe-
roll may be prepared and approved in the
cial assessments so approved shall be in
manner hereinabove provided for the prep -
proportion to the special benefits. Upon
aration and the approval of the original as -
adoption of the final resolution, the prelim-
sessment roll.
inary assessment roll shall become the as-
(10) Except as otherwise provided by resolution
sessment roll. The final resolution shall pro-
of the board of county commissioners, no
vide for the rate of interest which the special
prepayments of special assessments shall
assessments shall hear. In the event notes
be accepted prior to the adoption of the final
have been issued and are outstanding at
resolution. Thereafter, any prepayments
the time the final resolution is presented to
shall be made only upon payment of appli-
�- the board of county commissioners, the
cable interest, including interest included
board may establish the rate of interest the
as a cost of the related improvement, and
special assessments are to bear at the rate
applicable prepayment premium at the of -
described in subsection (10) of this section.
fice of the clerk (or such other official as the
Forthwith after adoption of the final reso-
board of county commissioners shall deter-
lution, the assessment roll shall be deliv-
mine by resolution). The clerk (or such other
ered to, and kept by, the clerk or such other
official as the board of county commis -
official as the board of county commis-
sioners shall determine by resolution) shall
sioners, by resolution, deems appropriate;
note on the assessment roll any prepay -
provided, however, issues adjudicated in the
ments. The board of county commissioners,
approving resolution may not be disputed
by resolution, may determine the time
except as provided in subsection (5) of this
during which prepayments may be made
section. In the event the alternative method
and the amount of interest and prepayment
of collection of special assessments, as de-
premium payable at the time of payment.
scribed in section 122-43, is utilized by the
If not prepaid, all special assessments shall
county, a copy of the assessment roll, to-
be payable in equal principal installments
gether with any changes thereto, shall be
(unless otherwise provided by resolution of
delivered to the property appraiser and tax
the board of county commissioners), with
collector by the clerk. The special assess-
interest on the balance at the rate set by
ment so made shall be final and conclusive
the final resolution, and, if bonds are is -
as to each lot or parcel assessed and the
sued pursuant to this division, and except
adoption of the final resolution shall be the
as otherwise provided in section 122-56, at
final adjudication of the issues presented
a rate not to exceed two percent above the
unless proper steps be initiated within 20
true interest cost at which such bonds are
days of adoption of the final resolution in a
sold (provided the true interest cost on the
court of competent jurisdiction to secure re-
bonds may include any ongoing expenses
CD 122:23
§ 122-42 COLLIER COUNTY CODE '_**_1,
related to the bonds or collection of the spe-
assessment or installment not paid
cial assessments), subject in each case to
when due shall be collectible with such
the provisions of subsection (12) of this sec-
interest and with reasonable costs and
tion, from the date the final resolution is
expenses incurred by the county and
adopted or such other date as the board of
its agents, including attorney fees, in
county commissioners may provide by res-
the collection of such delinquent spe-
olution, payable in each of the succeeding
cial assessments or as a result of such
number of years which the board of county
delinquent special assessments (includ-
commissioners shall determine by resolu-
ing costs paid for draws on a credit fa-
tion, not exceeding 20; provided, however,
cility), by the county or its agents as
that the board of county commissioners may
described in subsection (10)b. of this sec -
provide by resolution that any special as-
tion.
sessment may be paid at any time before
b. The county shall have the right to ap-
due, together with any applicable prepay-
point an agent to foreclose and collect
ment premium and interest accrued thereon
all delinquent special assessments in
to the date of payment or such later date as
the manner provided by law. A special
shall be determined by the board of county
assessment shall become delinquent if
commissioners by resolution, if such prior
it is not paid within 30 days from the
payment shall be permitted by the proceed-
date any installment is due. The county
ings authorizing any bonds or other obliga-
or its agent shall cause notice to be sent
tions for the payment of which such special
to any property owner who is delin-
assessments have been pledged. In the event
quent in payment of his special assess -
notes are outstanding at the time the final
ment installment within 40 days from
resolution is presented to the board of
the date such installment was due.
county commissioners, the board may pro-
Such notice shall state in effect that
vide that the special assessments shall bear
the county or its agent shall initiate a
interest at a rate not to exceed two percent
foreclosure action within 90 days of the
above the true interest cost on the notes
date of the installment due date if it is
until such time as bonds are issued to repay
not paid. Between the 75th and 90th
the notes at which time the special assess-
day after the due date of the delin-
ments shall bear interest at a rate not to
quent installment, the county or its
exceed two percent above the true interest
agent may declare the entire unpaid
cost at which the bonds are sold (provided
balance of the delinquent special as -
the true interest cost on the bonds or notes
sessment to be in default and cause
may include any ongoing expenses related
such delinquent property to be fore -
to the bonds or notes, as the case may be, or
closed in the method now or hereafter
collection of the special assessments).
provided by law for foreclosure of mort-
gages on real estate, or otherwise as
a. All special assessments shall consti-
provided by law. Commencing on the
tute a lien upon the property so as-
90th day after the due date of the de-
sessed from the date of adoption of the
linquent installment, the county or its
approving resolution, of the same na-
agent shall declare the entire unpaid
ture and to the same extent as the lien
balance of the special assessment to be
for general county taxes falling due in
in default and cause the delinquent
the same year or years in which such
property to be foreclosed as described
special assessments or installments
above. Any board of county commis -
thereof fall due. Except as otherwise
sioners action required in the collec-
provided by law, such lien shall be su-
tion of special assessments may be by —�
perior in dignity to all other liens, ti-
resolution. All costs, fees and expenses,
tles and claims, until paid. Any special
including reasonable attorney fees, re -
CD 122:24
SPECIAL DISTRICTS
M
§ 122-42
lated to any foreclosure action as de-
f. At the sale pursuant to decree in any
scribed in subsection (10)a. of this sec-
such action, the county may be the pur-
tion shall be borne by the delinquent
chaser to the same extent as an indi-
property owner.
vidual person or corporation.
c. If prior to any sale of the property under
g. In the event the board of county com-
decree of foreclosure in such proceed-
missioners utilizes the alternative
ings, payment is made of the install-
method of collection of special assess-
ment or installments which are shown
ments as described in section 122-43
to be due under the provisions of the
hereof, the provisions of this subsec-
final resolution, and by this subsection
tion (10) shall be superseded to the ex-
(10), and all costs, fees and expenses of
tent of any conflict with applicable law
the county and its agent, as a result of
or any agreement between the county
and the property appraiser or tax col-
such delinquent special assessment, in-
lector relating to such alternative
cluding reasonable attorney fees and
method. The clerk shall provide such
costs for draws on a credit facility, such
information to the property appraiser
payment, unless otherwise provided by
and the tax collector as shall be neces-
resolution of the board of county com-
sary to collect the special assessments
missioners, shall have the effect of re-
pursuant to such alternative method.
storing the remaining installments to
their original maturities as provided
(11) If special assessments made under the pro -
by the resolution passed pursuant to
visions of this division to defray the costs of
this subsection (10) and the proceed-
the project shall be deemed by the board of
ings shall be dismissed.
county commissioners to be inadequate to
d. It shall be the duty of the county and
meet the obligation owed to bondholders
its agent, if any, to enforce the prompt
and to pay fees required for credit enhance -
collection of special assessments by the
ment on the bonds, if any, the board of
means herein provided, and such duty
county commissioners may adjust the pay -
may be enforced at the suit of any
ment period of and the rate of interest on
holder of bonds issued under this ar-
installment payments of the special assess-
ticle in a court of competent jurisdic-
ment so that payments of special assess-
tion by mandamus or other appropriate
ments shall be sufficient to satisfy the con -
proceedings or action.
tractual obligation owed to bondholders and
e. The county may join in one action the
the credit enhancement provider. However,
collection of special assessments
such adjustment shall not have the effect of
against any or all property assessed in
a
increasing the special assessment of any
accordance with the provisions hereof.
property, including the effect of increasing
All delinquent property owners whose
the amount of special assessment of any
Property in proportion to the amount ofben-
property is foreclosed shall pay reason-
efits conferred on that property. The board
ablecosts and expenses incurred by the
of county commissioners, in adjusting the
county and its agents, including rea-
interest rates and the period of payment of
sonable attorney fees, in collection of
special assessments, shall follow the provi-
such delinquent special assessments
sions of this section providing for notice and
and any other costs incurred by the
hearing to interested persons and providing
county as a result of such delinquent
for passage of resolutions establishing spe-
special assessments (including costs
cial assessments.
paid for draws on a credit facility), and
the same shall be collectible as a part
(12) If any special assessment made under the
of or in addition to the costs of the ac-
provisions of this division to defray the costs
tion.
of any project shall be either in whole or in
CD122:25
§ 122-42 COLLIER COUNTY CODE '_1*_1
part annulled, vacated or set aside by the
judgment of any court, or if the board of
county commissioners shall be satisfied that
any such special assessment is so irregular
or defective that the same cannot be en-
forced or collected, or if the board of county
commissioners shall have omitted to in-
clude any property on the assessment roll
which property should have been so in-
cluded, the board of county commissioners
shall take all necessary steps to cause a
new special assessment to be made against
any property benefited by any project, fol-
lowing as nearly as may be practicable the
provisions of this division and in case such
second special assessment shall be annulled,
the board of county commissioners may ob-
tain and make other special assessments
until a valid special assessment shall be
made.
(13) The board of county commissioners may pay
out of any special fund that may be pro-
vided for that purpose such portion of the
costs of any project as it may deem proper.
(14) Any informality or irregularity in the pro-
ceedings in connection with the levy of any
special assessment under the provisions of
this division shall not affect the validity of
the same after the approval thereof, and
any special assessment as finally approved
shall be competent and sufficient evidence
that such special assessment was duly
levied, that the special assessment wa duly
made and adopted, and that all other pro-
ceedings adequate to such special assess-
ment were duly had, taken and performed
as required by this division; and no vari-
ance from the directions hereunder shall be
held material unless it be clearly shown
that the party objecting was materially in-
jured thereby. Notwithstanding the provi-
sions of this subsection, any party objecting
to a special assessment imposed pursuant
to this division must file an objection with
a court of competent jurisdiction within the
time periods prescribed herein.
(15) The county may, by resolution, provide a
procedure by which the lien of a special as-
sessment on property may be apportioned
between subdivided parcels of such prop-
erty. Such apportionment shall be reflected
on the assessment roll. The county may es-
tablish a different procedure of apportioning
a special assessment lien for each unit. The
county shall not establish a procedure which
has a material adverse effect on the secu-
rity for bonds issued to finance the project
related to such special assessments.
(Ord. No. 88-23, § 4)
Sec. 122-43. Alternative method of collection.
(a) As an alternative method to collection by
the clerk as provided in subsection 122-42(10), the
board of county commissioners may, either at the
public hearing held pursuant to subsection 122-
42(4) of or at such other time as it deems appro-
priate, authorize the collection of the special as-
sessments in the manner provided for ad valorem
taxes. Such alternative method shall be autho-
rized by resolution of the board of county commis-
sioners and the county shall comply with all ap-
plicable provisions of law relating to such
alternative method, including F.S. § 197.363, and
any successor provision thereto. In the event such
alternative method is used by the county, the pro-
visions hereof shall be superseded to the degree of
any conflict with applicable law or with any agree-
ment between the county and the property ap-
praiser and/or the tax collector relating to such
alternative method. Special assessments relating
to an individual project shall be collected either
by the method described in section 122-42 or in
this section, not by both methods.
(b) Notwithstanding any provision in this ar-
ticle to the contrary, the county may add an
amount to each installment of an assessment equal
to the estimated prorata share of the costs of col-
lecting the assessments, including, without limi-
tation:
(1) The estimated amount of discount which
the property owners may receive if the as-
sessment installments are placed on the tax
roll pursuant to F.S. § 197.3631; and
(2) Amounts owing to the tax collector for
placing such installments on the tax roll.
(Ord. No. 88-23, § 5; Ord. No. 93-59, § 1)
CD 122:26
SPECIAL DISTRICTS
Secs. 122-44-122.55. Reserved.
DIVISION 3. BOND ISSUES*
Sec. 122.56. Issuance.
(a) The board of county commissioners shall
have the power and it is hereby authorized to pro-
vide by resolution, at one time or from time to
time in series, for the issuance of bonds of the
county for the purpose of paying all or part of the
cost of the projects. The principal of and interest
on each series of bonds shall be payable from
pledged revenues. At the option of the board of
county commissioners, the county may covenant
to budget and appropriate from nonad valorem
revenue sources identified by the county by reso-
lution or from general nonad valorem revenues of
the county an amount necessary to make up and
deficiency in the payment of the bonds.
(b) In anticipation of the sale of bonds, the
county may, by resolution, issue notes and may
renew the same from time to time. Such notes
may be paid from the moneys derived by the
county from the sources described in subsection
122-46(6). The notes shall be issued in the same
manner as the bonds. Bonds and notes shall be,
and shall be deemed to be, for all purposes, nego-
tiable instruments, subject only to the provisions
of the bonds and notes for registration.
(c) The bonds shall be dated, shall bear interest
at such rate or rates, shall mature at such times
as may be determined by resolution of the board
of county commissioners, and may be made re-
deemable before maturity, at the option of the
county, at such price or prices and under such
terms and conditions as may be fixed by the board
of county commissioners. The bonds may, at the
option of the board of county commissioners, bear
interest at a variable rate. The board of county
commissioners shall determine by resolution the
form of the bonds, the manner of executing such
bonds, and shall fix the denomination or denom-
inations of such bonds, the place or places of pay-
ment of the principal and interest, which may be
at any bank or trust company within or without
the state, and such other terms and provisions of
*Cross reference —Bond issues and financing thereof, §
2-601 et seq.
§ 122.56
the bonds as it deems appropriate. The bonds may
be sold at public or private sale for such price or
prices as the board of county commissioners shall
determine by resolution. The bonds may be deliv-
ered to any contractor for payment for his work in
constructing a project or may be sold in such
manner and for such price as the board of county
commissioners may determine by resolution to be
for the best interests of the county.
(d) Prior to the preparation of definitive bonds
of any series, the board of county commissioners
may, under like restrictions, issue interim re-
ceipts, interim certificates, or temporary bonds,
exchangeable for definitive bonds when such bonds
have been executed and are available for delivery.
The board of county commissioners may also pro-
vide for the replacement of any bonds which shall
become mutilated, or be destroyed or lost. Bonds
may be issued without any other proceedings or
the happening of any other conditions or things
than those proceedings, conditions or things which
are specifically required by this article.
(e) The county may issue bonds for projects in
different units pursuant to a single resolution, pro-
vided such resolution identifies each project to be
financed and the unit in which it is located.
(f) The county may, at its option, issue bonds
bearing a variable rate of interest, whereupon the
interest rate and installment payments applicable
to special assessments shall be subject to adjust-
ment as provided by resolution of the board of
county commissioners. In such event, the county
may impose on such annual installment payments
such rate of interest as shall not exceed the max-
imum amount permitted by subsection 122-42(10)
as shall be determined on the 15th day prior to
the date the bill for such annual installment is
mailed by the county. If amounts of interest col-
lected by the county exceed, in the aggregate, the
amount of interest that would have been collected
if interest was imposed at the maximum rate per-
mitted to be charged on special assessments as
provided in subsection 122-42(10), the excess
amounts shall be credited to the next installment
or be returned to the property owners who paid
such amounts, as provided by resolution of the
board of county commissioners. If the amounts of
interest collected by the county are less, in the
CD122:27
§ 122-56 COLLIER COUNTY CODE-�
aggregate, than the amount of interest that would
have been collected if interest was imposed at the
maximum rate permitted to be charged on special
assessments as provided in subsection 122-42(10),
such deficiency may be imposed as a surcharge on
the next installment.
(Ord. No. 88-23, § 6)
Sec. 122-57. Taxing power not pledged.
Bonds issued under the provisions of this divi-
sion shall not be deemed to constitute a pledge of
the faith and credit of the county or the units, but
such bonds shall be payable from pledged reve-
nues in the manner provided herein and by the
resolution authorizing the bonds. The issuance of
bonds under the provisions of this division shall
not directly or indirectly obligate the county or
the units to levy or to pledge any form of ad va-
lorem taxation whatever therefor. No holder of
any such bonds shall ever have the right to compel
any exercise of the ad valorem taxing power on
the part of the county or the units to pay any such
bonds or the interest thereon or to enforce pay-
ment of such bonds or the interest thereon against
any property of the county or the units, nor shall
such bonds constitute a charge, lien or encum-
brance, legal or equitable, upon any property of
the county or the units, except the pledged reve-
nues.
(Ord. No. 88-23, § 7)
Sec. 122.58. Funds.
The pledged revenues received pursuant to the
authority of this division shall be deemed to be
funds held for the benefit of bondholders, to be
held and applied solely as provided in this divi-
sion and in the resolution authorizing the bonds.
(Ord. No. 88-23, § 8)
Sec. 122-59. Remedies of bondholders.
Any holder of bonds, except to the extent the
rights herein given may be restricted by the res-
olution authorizing issuance of the bonds, may,
whether at law or in equity, by suit, action, man-
damus or other proceedings, protect and enforce
any and all rights under the laws of the state or
granted hereunder or under such resolution, and
may enforce and compel the performance of all
duties required by this part, or by such resolution,
to be performed by the county.
(Ord. No. 88-23, § 9)
Sec. 122.60. Refunding bonds.
The county may, by resolution of the board of
county commissioners, issue bonds to refund any
bonds issued pursuant to this division and pro-
vide for the rights of the holders hereof. Such re-
funding bonds may be issued in an amount suffi-
cient to provide for the payment of the principal
of, redemption premium, if any, and interest on
the outstanding bonds to be refunded. In the event
the principal amount of the refunding bonds shall
be greater than the outstanding principal amount
of the bonds to be refunded, the board of county
commissioners may increase the assessments
which secure such refunding bonds up to an
amount not to exceed the difference between the
respective principal amounts of the refunding
bonds and the outstanding refunded bonds; pro-
vided notice to the affected property owners is
given in accordance with the notice provisions of
section 122-42 and a public hearing is held by the
board of county commissioners.
(Ord. No. 88-23, § 12)
Secs. 122-61-122-80. Reserved.
ARTICLE III. COLLIER COUNTY
LIGHTING DISTRICT
Sec. 122.81. Area established.
All that land located in the county and specifi-
cally described as:
(1) Poinciana Village, Unit 1, Plat Book 8, page
61, Poinciana Village, Unit 2, Plat Book
10, page 80, Public Records of Collier
County, Florida.
(2) Westlake, Unit 1, as recorded in Plat Book
10, page 87, Public Records of Collier
County, Florida.
(3) Riviera Colony, as recorded in Plat Book 8,
pages 17, 18, inclusive, Public Records of
Collier County, Florida.
CD122:28
SPECIAL DISTRICTS
§ 122-81
(4)
Golden Gate, Unit 1, Part 1, as recorded in
(10)
Henderson Creek Park Subdivision, 1st Ad -
Plat Book 9, pages 100, 101, inclusive,
dition, as recorded in Plat Book 8, at page
Public Records of Collier County, Florida;
41.
Golden Gate, Unit 2, Part 3, as recorded in
(11)
Rock Harbor Subdivision, as recorded in
Plat Book, pages 60-64, inclusive, Public
Plat Book 1, at page 84.
Records of Collier County, Florida;
(12)
Lakeside Mobile Estates Subdivision, as re -
Golden Gate, Unit 2, Part 2, as recorded in
corded in Plat Book 9, at page 99.
Plat Book 7, pages 66, 67, inclusive, Public
(13)
Westlake, Unit II, as recorded in Plat Book
Records of Collier County, Florida;
10, page 94, Public Records of Collier
Golden Gate, Unit 2, Part 3, as recorded in
County, Florida.
Plat Book 7, pages 69, 70, inclusive, Public
(14)
Golden Gate, Unit 4, a parcel described as
Records of Collier County, Florida;
Block 115, commencing at intersection cen-
Golden Gate, Unit 2, as recorded in Plat
terline of Golden Gate Parkway plus cen-
Book 5, pages 65-77, inclusive, Public
terline of Coronado Parkway, north 38 de -
Records of Collier County, Florida.
grees west, along centerline 65 feet, north
51 degrees east 78 feet to point of begin -
(The approximate street boundaries of the
ning; continuing 75 feet, north 38 degrees
property in Golden Gate included in this
west 150 feet, south 51 degrees west 108.74
lighting district is an area bounded by 17th
feet southeast along right-of-way of Coro -
Avenue on the north; Sunshine Boulevard
nado Parkway 125.41 feet, thence along
on the east; Golden Gate Parkway on the
curve to the left 39.27 feet to point of be -
south; and State Road 858 on the west.)
ginning.
(5)
Lely Golf Estates, St. Andrews East, Block
(15)
City of Golden Gate, Unit 3, Section 81,
19, Lot 1 and Lots 9 through 18, Block 20,
Lots 1 through 20 inclusive.
Lots 7 through 16, Block 21, Lots 1 through
City of Golden Gate, Unit 3, Section 84,
6, Block 22, Lots 1 and 15, Block 29, Lots 1
Lots 1 through 16 inclusive.
through 13 and Block 30, Lots 1 and 2, as
recorded in Plat Book 10, page 98 of the
City of Golden Gate, Unit 4, Section 115.
current Public Records of Collier County,
Said lands more particularly described as:
Florida.
Marco Beach Unit 6, Block 235, Lots 1, 2,
(6)
Lely Golf Estates, Unit 2, Block 6, Lots 1
23, 24 and 25. Marco Beach Unit 1, Block
through 3; Block 7, Lot 1 and Track K, as
24, Lots 1 through 65, inclusive as recorded
recorded in Plat Book 8, at page 58.
in Plat Book 6, page 14 of the official records
of Collier County, Florida.._. Marco Beach
(7)
Lely Golf Estates, St. Andrews West, Block
Unit 1, Block 19, Lots 2 through 20, inclu-
15, Lots 1 through 7 and Lot 18; Block 16,
sive; Block 31, Lot 1; Block 21, Lots 28
Lots 7 through 13; Block 17, Lots 1 through
through 46, inclusive; Block 20, Lots 1
14; Block 18, Lot 14; Tract J, Parcel A, as
through 9, inclusive, as recorded in Plat
recorded in Plat Book 10, at page 93, of the
Book 6, pages 12 and 13 of the official
current Public Records of Collier County,
records of Collier County, Florida. Marco
Florida.
Beach Unit 6, Block 235, Lots 4, 5, 6, 19,
(8)
Gulf Shore Boulevard, as located in Park
20, 21 and 22 as recorded in Plat Book 6,
Shore Subdivision, Unit 2, as recorded in
page 53 of the official records of Collier
Plat Book 8, pages 54, 55.
County, Florida. Marco Beach Unit 7, Block
179, Lots 7 through 12, inclusive; Block 180,
(9)
Henderson Creek Park Subdivision, as re-
Lots 1 through 12, inclusive; Block 181, Lots
�-
corded in Plat Book 6, at page 8.
1 through 12, inclusive; Block 182, Lots 1
CD 122:29
§ 122-81 COLLIER COUNTY CODE __1_
through 13, inclusive; Block 187, Lots 1
Beach Unit 13, Block 404, Lots 8 through
through 16, inclusive; Block 186, Lots 1
26, inclusive; Block 403, Lots 1 through 10,
through 4, inclusive, as recorded in Plat
inclusive; Block 402, Lots 1 through 9, in -
Book 6, pages 55 through 62 of the official
clusive; as recorded in Plat Book 6, pages
records of Collier County, Florida. Marco
47 through 54 of the official records of Col -
Beach Unit 10, Block 186, Lots 5 through
lier County, Florida. Marco Beach Unit 1,
12, inclusive; Block 185, Lots 1 through 3,
Block 23, Lots 1 through 29, inclusive; Block
inclusive; Block 184, Lots 9 through 25, in-
36, Lots 1 through 9, inclusive; as recorded
clusive; Block 183, Lots 1 through 10, in-
in Plat Book 6, pages 9 through 16 of the
clusive as recorded in Plat Book 6, pages 74
official records of Collier County, Florida.
through 79 of the official records of Collier
(16) Naples Mobile Estates Subdivision, more
County, Florida. Marco Beach Unit 7, Block
particularly described as: Lots 1 through
194, Lots 1 through 31, inclusive; Block 195,
118, Block B, Naples Mobile Estates; Lots 1
Lots 1 through 26 inclusive; Block 196, Lots
through 48, Block A, Naples Mobile Es-
t through 19, inclusive; Block 197, Lots 1
tates; Lots 1 through 12, Block C, Naples
through 35, inclusive; Block 198, Lots 1
Mobile Estates; Tracts A and B of Naples
through 23, inclusive; Block 199, Lots 1
Mobile Estates as recorded in Plat Book
through 33, inclusive; Block 200, Lots 1
10, page 91 of the official records of Collier
through 30, inclusive; Block 201, Lots 1
County, Florida.
through 27, inclusive; Block 202, Lots 1
through 23, inclusive; as recorded in Plat
(17) Tract C; Lots 1 through 34, inclusive, Block
Book 6, pages 55 through 62 of the official
25; Lots 1 through 22, inclusive, Block 29;
records of Collier County, Florida. Marco
Lots 4 through 44, inclusive, Block 28; Lots
Beach Unit 3, Block 86, Lots 2 through 27,
1 through 22, inclusive, Block 27; Lots 1
inclusive; Block 87, Lots 1 through 17, in-
through 29, inclusive, Block 26; Tract B;
clusive; Block 84, Lots 1 through 11, inclu-
all being within Marco Beach Unit 1 as re-
sive; Block 82, Lots 1 through 26, inclusive;
corded in Plat Book 6, pages 9 through 16
Block 81, Lots 1 through 19, inclusive; Block
of the public records of Collier County,
80, Lots 1 through 15, inclusive; Block 79,
Florida and Lots 1 through 14, inclusive,
Lots 1 through 7, inclusive; Tract C; Tract
Block 117; Lots 8 through 40, inclusive,
B; as recorded in Plat Book 6, pages 17
Block 118; Lots 1 through 29, inclusive,
through 24 of the official records of Collier
Block 119; Lots 1 through 13, inclusive,
County, Florida. Marco Beach Unit 2, Block
Block 120; Lots 1 through 16, inclusive,
40, Lots 1 through 17, inclusive; Block 41,
Block 123; Lots 1 through 20, inclusive,
Lots 1 through 13, inclusive; Block 42, Lots
Block 124; Lots 1 through 17, inclusive,
1 through 14, inclusive; Block 43, Lots 1
Block 125; Lots 1 through 24, inclusive,
through 22, inclusive; Block 44, Lots 1
Block 126; Lots 1 through 20, inclusive,
through 16, inclusive; Block 45, Lots 1
Block 127; Lots 1 through 29, inclusive,
through 16, inclusive; Block 46, Lots 1
Block 128; Lots 1 through 9, inclusive, Block
through 16, inclusive; Block 47, Lots 1
129; Lots 1 through 17, inclusive, Block 121;
through 42, inclusive; Block 48, Lots 1
Lots 1 through 31, inclusive, Block 122; all
through 24, inclusive; Block 49, Lots 1
being within Marco Beach Unit 4 as re -
through 22, inclusive; Block 50, Lots 1
corded in Plat Book 6, pages 32 through 37,
through 20, inclusive; Block 51, Lots 1
of the Public Records of Collier County,
through 9, inclusive; Block 37, Lots 1
Florida, and Lots 14 through 24, inclusive,
through 24, inclusive; Block 38, Lots 1
Block 120; Lots 17 through 33, inclusive,
through 30, inclusive; Block 39, Lots 1
Block 123; Lots 2 through 3, inclusive, Block
through 22, inclusive; as recorded in Plat
28; all being within Marco Beach Replat of
Book 6, pages 9 through 16 of the official
Units 1 and 4 as recorded in Plat Book 6A,
records of Collier County, Florida. Marco
pages 19A and 20A of the Public Records of
CD122:30
SPECIAL DISTRICTS
§ 122-81
Collier County, Florida; and Lots 1 through
Book 6, pages 9 through 16 of the Public
20, inclusive, Block 89; Lots 1 and 5,
Records of Collier County, Florida; and
Block 91; Lots 2 and 3, Block 92; Lots 6
Tract A; Lots 12 through 14, inclusive,
through 30, inclusive, Block 90; all being
Block 83 of Marco Beach Unit 5 as re -
within Marco Beach Unit 3 as recorded in
corded in Plat Book 6, pages 39 through
Plat Book 6, pages 17 through 24 of the
46 of the Public Records of Collier County,
Public Records of Collier County, Florida.
Florida.
(18) All property lying within Coconut River (21)
Lots 1 through 29 inclusive, Block 238, all
Estates Unit 1 as recorded in Plat Book 3,
being located in Marco Beach Unit 6 as
page 58 of the Public Records of Collier
County, Florida.
recorded in Plat Book 6, page 53 of the
Public Records of Collier County, Florida;
(19) All lands lying within Palm River Es-
and Lots 1 through 5 inclusive, Block 90;
tates, Unit No. 1, as recorded in Plat Book
Lots 11 through 15 inclusive, Block 93, all
3, page 90 of the Public Records of Collier
being located in Marco Beach Unit 3, as
County, Florida; all lands lying within
recorded in Plat Book 6, page 19 of the
Palm River Estates, Unit No. 2, as re-
Public Records of Collier County, Florida;
corded in Plat Book 3, page 96 of the
and Lot 24, Block 15, located in Marco
Public Records of Collier County, Florida;
Beach Unit 1, as recorded in Plat Book 6,
all lands lying within Palm River Estates,
page 11 of the Public Records of Collier
Unit No. 3, as recorded in Plat Book 8,
County, Florida; Lot 1, Block 6, located in
page 9 of the Public Records of Collier
Marco Beach Unit 1, as recorded in Plat
County, Florida; all lands lying within
Book 6, page 10 of the Public Records of
Palm River Estates, Unit No. 4, as re-
Collier County, Florida.
corded in Plat Book 8, pages 69 and 70 of
the Public Records of Collier County, Flor- (22)
Lots 14 through 29, inclusive, Block 9;
ida; all lands lying within Palm River
Lots 1 through 31, inclusive, Block 13;
Estates, Unit No. 5, as recorded in Plat
Lots 1 and Lots 9 through 18, inclusive,
Book 10, page 92 of the Public Records of
Block 14, all lying within Lely Tropical
Collier County, Florida; all lands lying
Estates Unit No. 2 as recorded in Plat
within Palm River Estates, Unit No. 8, as
Book 10, page 89 of the Public Records of
recorded in Plat Book 12, page 12 of the
Collier County, Florida.
Public Records of Collier County, Florida.
(20) Lots 7 and 8, Block 116; Lots 1 and 2, (23)
All lands lying within Naples Manor An -
Block 115; Lots 15 through 29, inclusive,
nex, as recorded in Plat Book 1, page 110;
Block 117, all being located in Marco
all lands lying within Naples Manor Unit
Beach Unit 4 as recorded in Plat Book 6,
1, as recorded in Plat Book 3, page 57; all
pages 32 through 37 of the Public Records
lands lying within Naples Manor Addi-
of Collier County, Florida; and Lot 1,
tion, as recorded in Plat Book 3, pages
Block 86, Lots 1 through 6, inclusive,
67-68; all lands lying within Naples
Block 85; Lot 10, Block 71; Lot 3, Block 72,
Manor Lakes, as recorded in Plat Book 3,
all being located in Marco Beach Unit 3 as
pages 86-87; all lands lying within Na-
recorded in Plat Book 6, pages 17 through
ples Manor Extension, as recorded in Plat
24 of the Public Records of Collier County,
Book 3, page 98; all lands lying within
Florida; and Lot 1, Block 19; Lots 1 through
Amended Plat of Naples Manor Exten-
33, inclusive, Block 30; Lots 2 through 27,
sion, as recorded in Plat Book 3, page 101;
inclusive, Block 31; Lots 1 through 27,
all lands lying within Replat Naples Manor
inclusive, Block 21; Lots 1 through 43,
Lakes, as recorded in Plat Book 4, page
inclusive, Block 33, all being located in
67; of the Public Records of Collier County,
Marco Beach Unit 1 as recorded in Plat
Florida.
Supp. No. 16 CD122:31
§ 122-81 COLLIER COUNTY CODE
(24) All lands lying within Lely Country Club Golden Gate Unit 6, as recorded in Plat
Torrey Pines Subdivision, as recorded in Book 5, pages 124 through 134 inclusive;
Plat Book 12, page 32, of the Public Books Golden Gate Unit 6, Part 1, as recorded in
of Collier County, Florida. Plat Book 9, pages 1 through 7 inclusive;
(25)
All lands lying within Park Place Subdi-
Golden Gate Unit 7, as recorded in Plat
vision, as recorded in Plat Book 12, page
Book 5, pages 136 through 146 inclusive;
31, of the Public Records of Collier County,
Golden Gate Unit 8, Part 1, as recorded in
Florida.
Plat Book 5, pages 148 through 151 inclu-
(26)
Lots 2 through 25, inclusive, all lying
sive, except those areas previously in -
within Arlington Terrace as recorded in
cluded in the district and described as
Plat Book 3, page 64 of the Public Records
Block 278, Lots 1 through 37; Block 270,
of Collier County, Florida.
Lots 16; Block 271, Lot 1; Block 279, Lots
1 through 10; Block 277, Lots 14 through
(27)
Lake Kelly Unit 2 Subdivision, as re-
28;
corded in Plat Book 3, page 93 of the
Public Records of Collier County, Florida.
Golden Gate Unit 8, Part 2, as recorded in
Plat Book 9, pages 107A through 112
(28)
The southerly 240 feet of the northerly
inclusive, except those areas previously
780 feet, less the westerly 1587 feet of
included in the district and described as
Section 35, Township 49 South, Range 25
Block 280, Lots 1 through 15; Block 281;
East, Collier County, Florida; being Lots
Lots 1 through 27;
79 through 104 inclusive as shown in Plat
Parcels 1 and 2, Section 27, Township 49
Book 3, page 58 Coconut River Unit No. 1,
South, Range 26 East, Collier County,
Public Records of Collier County, Florida,
Florida.
together with all the land 120 feet south-
erly of aforesaid Lots 79 through 104.
(31) Pinewoods Subdivision, as recorded in Plat
Book 12, pages 59 and 60 of the Official
(29)
Crews Subdivision, as recorded in Plat
Records of Collier County, Florida.
Book 9, page 48 of the Public Records of
Collier County, Florida.
(32) Reserved.
(30)
Golden Gate Unit 2, Part 1, as recorded in
(33) The following existing street lighting mul-
Plat Book 9, pages 116 through 120 inclu-
tiple service taxing units (MSTU):
sive;
Boca Ciega Village, as described in Ordi-
Golden Gate Unit 3, as recorded in Plat
nance No. 82-99; Forest Lakes Homes No.
1, as described in Ordinance No. 79-13;
Book 5, pages 98 through 105 inclusive,
except those areas previously included in
Glades Subdivision, as described in Ordi-
the district and described as Block 81,
nance Nos. 82-33 and 82-55;
Lots 21 and 22; Block 82, Lots 19 and 20;
Kings Lake Unit I, as described in Ordi-
Block 97, Lots 21 through 40; Block 99,
nance No. 78-74; Lakewood Units 1 and 2,
Lots 13 and 14; Blocks 102, Lots 22 through
as described in Ordinance No. 82-103;
23; Block 106, Lot 11;
Lakewood Unit 5, as described in Ordi-
Golden Gate Unit 4, as recorded in Plat
nance No. 78-73;
Book 5, pages 107 through 46 inclusive;
Lakewood Unit 6, as described in Ordi-
Golden Gate Unit 4, Part 1, as recorded in
nance No. 79-44;
Plat Book 9, pages 121 through 124 inclu-
Lely Palmetto Dunes, as described in Or-
sive;
dinance No. 79-74;
Golden Gate Unit 5, as recorded in Plat
Palm River Estates Unit 7, as described
Book 5, pages 117 through 123 inclusive;
in Ordinance No. 78-77;
Supp. No. 16 CD122:32
SPECIAL DISTRICTS
Timbercreek Phase I, as described in Or-
dinance No. 81-31;
Victoria Park II Additional, as described
in Ordinance No. 81-30; and
(34) Collier County Production Park street light-
ing municipal service taxing unit which is
more particularly described as follows:
Commencing at the southeast corner of
Section 36, Township 49 South, Range 25
East, Collier County, Florida, run north
00°15'42" east along the east line of said
Section 36 a distance of 50.01 feet to a
point on the northerly right-of-way line of
Radio Road and the point of beginning;
thence continue north 00°15'42" east
1924.60 feet; thence south 89°18'34" west
200.00 feet; thence north 00°15'42" east
54.55 feet; thence south 89°18'34" west
60.00 feet to a point of curvature of a
nontangent curve; thence 38.85 feet along
the arc of a curve, concave to the north-
west, having a radius of 25.00 feet and
subtended by a chord having a length of
35.06 feet and hearing south 44°47'08"
west to a point of tangency; thence south
89°18'34" west 279.51 feet to a point of
curvature; thence 39.65 feet along the arc
of a curve, concave to the northeast, hav-
ing a radius of 25.00 feet and subtended
by a chord having a length of 35.62 feet
and bearing north 45°15'29" west to a
nontangent line; thence south 88°35'14"
west 60.03 feet to a point of curvature of a
nontangent curve; thence 38.89 feet along
the arc of a curve, concave to the north-
west, having a radius of 25.00 feet and
subtended by a chord having a length of
35.09 feet and bearing south 44°44'31"
west to a point of tangency; thence south
89°18'34" west 339.14 feet to a point of
curvature; thence 39.61 feet along the arc
of a curve, concave to the northeast, hav-
ing a radius of 25.00 feet, and subtended
by a chord having a length of 35.59 feet
and bearing north 45°18'09" west to a
nontangent line; thence south 88°40'26"
west 60.02 feet; thence north 00°05'08"
east 437.36 feet; thence north 89°54'55"
west 220.55 feet; thence south 00°05'08"
§ 122-81
west 525.00 feet; thence north 89°18'34"
east 195.21 feet to a point of curvature;
thence 39.61 feet along the arc of a curve,
concave to the southwest, having a radius
of 25.00 feet and subtended by a chord
having a length of 35.39 feet and bearing
south 45°18'09" east to a nontangent line;
thence north 88°39'02" east 60.02 feet to a
point of curvature of a nontangent curve;
thence 38.93 feet along the arc of a curve,
concave to the southeast, having a radius
of 25.00 feet and subtended by a chord
having a length of 35.12 feet and bearing
north 44°41'51" east to a point of tangency,
thence north 89°18'34" east 338.97 feet to
a point of curvature; thence 39.65 feet
along the arc of a curve, concave to the
southwest, having a radius of 25.00 feet
and subtended by a chord having a length
of 35.62 feet and bearing south 45°15'29"
east to a point of tangency; thence south
00°10'28" west 603.27 feet; thence south
89°16'06" west 10.00 feet; thence south
00°10'28" west 1267.31 feet to the north-
erly right-of-way line of Radio Road (C-
858); thence north 89°11'10" east along
said right-of-way line a distance of 656.57
feet to the point of beginning.
(35) Reserved.
(36) Reserved.
(37) Henderson Creek Road street lighting mu-
nicipal service taxing unit which is more
particularly described as follows:
All that land in Collier County, Florida
lying south of the north 501.49 feet of the
south half of the south half of Section 3,
Township 51 South, Range 26 East, and
lying east of State Road 951, and north
and west of Henderson Creek.
(38) Reserved.
(39) Kings Lake Unit Two street lighting mu-
nicipal service taxing district which is
more particularly described as follows:
The Kings Lake Unit No. 2 Subdivision as
recorded in Plat Book 12, page 104 of the
Public Records of Collier County, Florida.
Supp. No. 26
CD122:33
§ 122-81 COLLIER COUNTY CODE /1
(40) Kings Lake Unit 3 street lighting munic-
ipal service taxing district which is more
particularly described as follows:
Beginning at the southwest corner of Tract
"C" of Kings Lake Unit No. 1 according to
the plat thereof as recorded in Plat Book
12, pages 68 and 69, Collier County Public
Records, Collier County, Florida (said point
of beginning being located as follows: Com-
mencing at the west quarter corner of
Section 7, Township 50 South, Range 26
East, Collier County, Florida; thence along
the west line of said Section 7, south
0°36'39" east 1427.78 feet to the south-
west corner of said Tract "C" and the point
of beginning of the description of land
platted); thence north 38°59'50" east 137.01
feet; thence north 60°20'50" east 194.08
feet; thence southeasterly, 154.62 feet along
the arc of a nontangential circular curve
concave to the northeast, having a radius
of 419.43 feet and subtended by a chord
which bears south 37°21'06" east 153.75
feet; thence south 0°36'39" east 853.26
feet; thence southeasterly, 148.33 feet along
the arc of a tangential circular curve
concave to the northeast, having a radius
of 95.00 feet and subtended by a chord
which bears south 45°20'29" east 133.72
feet; thence north 89°55'41" east 215.00
feet; thence northeasterly, 39.27 feet along
the arc of a tangential circular curve
concave to the northwest, having a radius
of 25.00 feet and subtended by a chord
which bears north 44°55'41" east 35.36
feet; thence north 0°04'19" west 118.00
feet; thence northeasterly, 41.02 feet along
the arc of a tangential circular curve
concave to the southeast, having a radius
of 470.00 feet and subtended by a chord
which bears north 2°25'41" east 41.00
feet; thence south 85°04'19" east 135.00
feet; thence northeasterly, 35.08 feet along
the arc of a nontangential circular curve
concave to the southeast, having a radius
of 335.00 feet and subtended by a chord
which bears north 7°55'41" east 35.07
feet; thence south 79°04'19" east 195.00
feet; thence northeasterly, 193.02 feet along
the arc of a nontangential circular curve
concave to the southeast, having a radius
of 140.00 feet and subtended by a chord
which bears north 50°25'41" east 178.10
feet; thence north 89°55'41" east 50.00
feet; thence easterly, 48.33 feet along the
arc of a tangential circular curve concave
to the northwest, having a radius of 780.00
feet and subtended by a chord which
bears north 88°09'11" east 48.32 feet;
thence north 3°37'19" west 330.00 feet;
thence north 14°08'12" west 100.00 feet;
thence north 35°04'10" west 647.33 feet;
thence north 89°28'00" west 84.58 feet to
a point on the east line of said tract "C" of
Kings Lake Unit No. 1; thence along the
east line of said Tract "C", north 0°32'00"
east 80.00 feet; thence south 89°28'00"
east 100.00 feet; thence south 35°04'10"
east 678.72 feet; thence south 6°11'19"
east 235.00 feet; thence south 2°10'49"
west 60.53 feet; thence south 5°24'19"
east 135.00 feet; thence northeasterly
780.51 feet along the arc of a nontangential
circular curve concave to the northwest,
having a radius of 780.00 feet and
subtended by a chord which bears north
55°55'41" east 748.35 feet; thence north
27°15'41" east 66.00 feet; thence north-
easterly, 91.07 feet along the arc of a
tangential circular curve concave to the
southeast, having a radius of 84.00 feet
and subtended by a chord which bears
north 58°19'15.5" east 86.68 feet; thence
north 89°22'50" east 254.87 feet; thence
southeasterly, 39.27 feet along the arc of a
tangential circular curve concave to the
southwest, having a radius of 25.00 feet
and subtended by a chord which bears
south 45°37'10" east 35.35 feet; thence
south 0°37'10" east 150.71 feet; thence
north 89°22'50" east 135.00 feet; thence
north 0°37'10" west 33.00 feet; thence
north 89°22'50" east 215.00 feet; thence
south 0°37'10" east 1066.27 feet to the
south quarter of said Section 7; thence
along the south line of said Section 7,
south 89°55'41" west 2637.85 feet to the
southwest corner of said Section 7; thence
along the west line of said Section 7, north
0°36'39" west 1261.55 feet to the point of
M,
Supp. No. 26 CD122:34
SPECIAL DISTRICTS
ending of the description of land platted;
being a part of the southwest quarter of
Section 7, Township 50 South, Range 26
East, Collier County, Florida; containing
53.98 acres more or less.
(41) Naples Park lighting municipal service
taxing district which is more particularly
described as follows:
Naples Park Unit No. 1, as recorded in
Plat Book 1, page 106 of the Official
Records of Collier County, Florida;
Naples Park Subdivision of Block 1, Unit
1, as recorded in Plat Book 4, page 5 of the
Official Records of Collier County, Flor-
ida;
Naples Park, Replat of Part of Blocks 4
and 5, Unit 1, as recorded in Plat Book 4,
page 6 of the Official Records of Collier
County, Florida;
Naples Park Unit No. 2, as recorded in
Plat Book 2, page 107 of the Official
Records of Collier County, Florida;
lNaples Park Unit No. 3, as recorded in
v Plat Book 3, page 5 of the Official Records
of Collier County, Florida;
Naples Park Unit No. 4, as recorded in
Plat Book 3, page 7 of the Official Records
of Collier County, Florida;
Naples Park Unit No. 5, as recorded in
Plat Book 3, page 14 of the Official Records
of Collier County, Florida;
Naples Park Unit No. 6, as recorded in
Plat Book 3, page 15 of the Official Records
of Collier County, Florida.
(42) Reserved.
(43) Victoria Park II lighting municipal ser-
vice taxing unit which is more particu-
larly described as follows:
Commencing at the southeast corner of
Section 26, Township 48 South, Range 25
East,
§ 122-81
Supp. No. 26 CD122:35
SPECIAL DISTRICTS
Collier County, Florida; thence along the
south line of said Section 26, south
89°15'18" west 1895.57 feet to the point of
beginning of the description of land, said
point of beginning being the southwest
corner of Lot 16 of Block 3 of Victoria Park
Unit One (Plat Book 11, pages 7 and 8),
Collier County, Florida;
Thence continuing along the south line of
said Section 26, south 89°15'18" west
1155.00 feet; thence north 0°44'42" west
240.00 feet; thence north 45°21'02" east
23.40 feet; thence north 15°30'29" west
123.29 feet; thence north 54°29'31" east
120.00 feet; thence north 35°30'29" west
90.00 feet; thence north 54°29'31" east
84.00 feet; thence northwesterly 61.29 feet
along the arc of a circular curve concave to
the southwest, having a radius of 342.00
feet, subtended by a chord which bears
north 40°38'30" west 61.20 feet; thence
north 22°00'00" east 163.81 feet; thence
north 44°30'00" east 170.00 feet; thence
north 0°50'29" west 295.00 feet to the
north line of the south one half of the
south one-half of said Section 26; thence
along said north line of the south one-half
of the south one-half of said Section 26,
north 89°09'31" east 755.00 feet to the
northwest corner of Lot 15 of Block 1 of
said Victoria Park One; thence along the
platted west boundary of said Victoria
Park One in the following described
courses: south 18°44'57" east 200.39 feet;
and southwesterly 27.05 feet along the
arc of a circular curve concave to the
south, having a radius of 1522.82 feet;
subtended by a chord which bears south
70°44'31" west 27.05 feet; and southerly
978.16 feet along the arc of a circular
curve concave to the west, having a radius
of 930.00 feet, subtended by a chord which
bears south 0°44'42" east 933.69 feet; and
southeasterly 27.05 feet along the arc of a
circular curve concave to the north, hav-
ing a radius of 1522.82 feet, subtended by
a chord which bears south 72°19'06" east
27.05 feet; and south 17°15'32" west 194.06
feet to the point of ending of the descrip-
tion of land;
§ 122-81
Being a part of the south one-half of the
south one-half of Section 26, Township 48
South, Range 25 East, Collier County,
Florida; containing 31.61 acres more or
less.
(44) Willoughby Place street lighting munici-
pal service taxing district which is more
particularly described as follows:
Beginning at the southwest corner of Lot
21 of Willoughby Acres according to the
plat thereof as recorded in Plat Book 8,
pages 24, 25 and 26, Records of the Clerk
of the Circuit Court, Collier County, Flor-
ida (said point of beginning being located
as follows: From the south quarter corner
of Section 24, Township 48 South, Range
25 East, Collier County, Florida, run along
the north and south quarter, section line
of said Section 24, north 0*01'00" east
100.00 feet; thence along the south right-
of-way line of Piper Boulevard, south
89°24'54" west 1324.35 feet; thence north
0'01'10" east 562.17 feet to said point of
beginning);
Thence from said point of beginning run
along the south line of said Lot 21 and
along the south line of Lots 20, 19, 18, 17,
16 and 15 of said Willoughby Acres, north
89°21'10" east 632.16 feet; thence along
the west right-of-way line of Euclid Ave-
nue, south 0*01'05" west 502.86 feet; thence
along the north right-of-way line of Piper
Boulevard, south 89°24'54" west 632.18
feet; thence north 0*01'10" east 502.17
feet to the point of beginning;
Being a part of the southwest quarter of
Section 24, Township 48 South, Range 25
East, Collier County, Florida; containing
7.29 acres more or less.
(45) Cape Code Estates street lighting munic-
ipal service taxing unit which is more
particularly described as follows:
The north half of the northeast quarter of
the southwest quarter of the southwest
quarter of Section 24, Township 48 South,
Range 25 East, Collier County, Florida.
Supp. No. 8 CD122:37
§ 122-81 COLLIER COUNTY CODE
(46) Crescent Lake Estates street lighting mu-
nicipal service taxing unit which is more
particularly described as follows:
The southwest quarter of the southwest
quarter of Section 25, Township 48 South,
Range 25 East, Collier County, Florida;
except therefrom the west 100 feet; said
land also described as follows: Commenc-
ing at the southwest corner of Section 25,
Township 48 South, Range 25 East, Col-
lier County, Florida; thence along the south
line of said Section 25, 89°03'36" east
100.01 feet to the east line of the west
100.00 feet of the southwest quarter of
said section 25 and the point of beginning
of the land to be platted; thence along the
east line of the west 100.00 feet of the
southwest quarter of said Section 25, north
0°00'30" west 1329.64 feet; thence along
the north line of the southwest quarter of
the southwest quarter of said Section 25,
south 89°06'02" east 1234.31 feet; thence
along the east line of the southwest quar-
ter of the southwest quarter of said Sec-
tion 25, south 0°08'12" east 1330.57 feet;
thence along the south line of said Section
25, north 89°03'36" west 1237.32 feet to
the point of beginning; being a part of the
southwest quarter of the southwest quar-
ter of Section 25, Township 48 South,
Range 25 East, Collier County, Florida;
containing 37.73 acres more or less.
(47) World Tennis Center street lighting mu-
nicipal service taxing unit which is more
particularly described as follows:
The southwest quarter of the southwest
quarter and the west half of the east half
of the southwest quarter of Section 13,
Township 49 South, Range 25 East, Col-
lier County, Florida, less the west 100 feet
thereof heretofore conveyed to Collier
County, Florida for road right-of-way.
(48) Berkshire Lakes Units 1 and 2 street
lighting municipal service taxing unit
which is more particularly described as
follows:
All of Berkshire Lakes Unit 1 as recorded
in Plat Book 14, pages 118-120, inclu-
sive, of the public records of Collier County,
Florida; all being a part of Section 32,
Township 49 South, Range 26 East, Col-
lier County, Florida, containing 122.17
acres more or less; and
All of Berkshire Lakes Unit 2 as recorded
in Plat Book 15, pages 42-43, inclusive,
of the Public Records of Collier County,
Florida; all being a part of Section 32,
Township 49 South, Range 26 East, Col-
lier County, Florida, containing 46.60 acres
more or less.
(49) Corporate Square street lighting munici-
pal service taxing unit which is more
particularly described as follows:
All of Corporate Square as recorded in
Plat Book 14, pages 27-28, inclusive, of
the public records of Collier County, Flor-
ida; all being a part of Section 36, Town-
ship 49 South, Range 25 East, Collier
County, Florida, containing 37.92 acres
more or less.
(50) Reserved.
(51) Goodland street lighting municipal ser-
vice taxing unit which is more particu-
larly described as follows:
All that parcel of land in Sections 18 and
19, Township 52 South, Range 27 East,
Collier County, Florida, and lying south
and west of the Marco River and lying
north of Blue Hill Creek.
(52) Muirfield Subdivision street lighting mu-
nicipal service taxing unit which is more
particularly described as follows:
All of Muirfield Subdivision as recorded
in Plat Book 14, page 75, of the Public
Records of Collier County, Florida; all
being a part of Sections 20 and 21, Town-
ship 50 South,
Supp. No. 8 CD122:38
SPECIAL DISTRICTS § 122-81
Range 26 East, Collier County, Florida, con-
a length of 794.68 feet and bearing north
taining 19.686 acres more or less.
22° 25'33" west to a point of tangency; north
56°27'23" west, for 139.96 feet; north
(53) River Reach street lighting municipal ser-
26°04'51" east, for 10.08 feet to a point on
vice taxing unit which is more particularly
the boundary of Tract G; thence the fol-
lowing courses along the boundary line of
All of River Beach Subdivision as recorded
Tract G: continuing north 26°04'51" east,
in Plat Book 14, pages 23-25, inclusive, of
for 90.77 feet; north 56°27'23" west for
the public records of Collier County, Florida;
40.00 feet; south 33°32'37" west, for 25.00
all being a part of Section 35, Township 49
feet to a point of curvature: 37.14 feet along
South, Range 25 East, Collier County,
the arc of a curve, concave to the southeast,
Florida, containing 112.12 acres more or
having a radius of 137.85 feet and sub -
less.
tended by a chord having a length of 37.02
feet and bearing south 25°49'33" west to
(54) Riviera Colony Golf Estates Unit Two street
the northeasterly corner of Lot 75, said Riv-
lighting municipal service taxing district
iera Colony Golf Estates -Unit One; thence
which is more particularly described as fol-
north 71°53'31" west, along the north line
lows:
of said Lot 75, for 90.00 feet; thence north
A portion of Tracts A and G, Riviera Colony
53 ° 38' 57" west for 62.48 feet to the north -
Golf Estates, Tract Map, as recorded in Plat
east corner of Lot 56, said Riviera Colony
Book 10, pages 104 through 108, Public
Golf Estates -Unit One; thence north
Records of Collier County, Florida, de-
67°59'46" west, along the north line of said
scribed as follows:
Lot 56, for 113.43 feet; thence through Tract
G: north 45°01'45" east for 293.35 feet to a
From the point of beginning at the most
point on the boundary of Tract G; thence
northerly corner of Lot 136, Riviera Colony
along said boundary: 22.05 feet along the
Golf Estates Unit One, as recorded in Plat
arc of a curve, concave to the northeast,
Book 10, pages 109 through 113, said Public
having a radius of 110.00 feet and sub -
Records, run the following courses along the
tended by a chord having a length of 22.01
boundary line of Tract G, Riviera Colony
feet and bearing south 50°42'49" east to a
Golf Estates -Tract Map: 30.00 feet along the
point of tangency; south 56°27'23" east for
are of a curve, concave to the northeast,
151.95 feet; south 27°12'12" west, for
having a radius of 440.00 feet and sub-
100.62 feet; south 56°27'23" east, for 20.00
tended by a chord having a length of 29.99
feet; north 33°32'37" east, for 75.00 feet;
feet and bearing north 46°58'34" west;
thence through Tract G; south 56°27'23"
south 44°5838" west, for 90.00 feet; thence
east for 160.00 feet; south 33°32'37" west,
through Tract A, said Riviera Colony Golf
for 10.00 feet; south 56°27'23" east, for
Estates Tract Map: continuing south
101.18 feet; north 38°06'16" east, for 31.97
44°58'38" west, for 10.00 feet; thence par-
feet to a point on the boundary of Tract G;
allel with and 10.00 feet from the boundary
thence along said boundary: 554.76 feet
line of Tracts A and G: 533.70 feet along
along the arc of a curve, concave to the
the arc of a curve, concave to the northeast,
southwest, having a radius of 990.00 feet
having a radius of 540.00 feet and sub-
and subtended by a chord having a length
tended by a chord having a length of 512.24
of 547.53 feet and bearing south 35°50'32"
feet and bearing north 16°42'32.5" west to
east; north 77°45'24" east, for 11.57 feet;
a point of tangency; north 11°36'17" east,
south 12°14'36" east, for 100.00 feet; north
for 262.42 feet to a point of curvature;
77°45'24" east, for 20.00 feet; north
843.40 feet along the are of a curve, con-
12° 14'36" west, for 182.13 feet; north
cave to the southwest, having a radius of
32°45'24" east, for 124.26 feet; north
710.00 feet and subtended by a chord having
77 ° 45' 24" east, for 124.26 feet; south
CD122:39
§ 122-81 COLLIER COUNTY CODE
57° 14'36" east, for 124.26 feet; south
12° 14'36" east, for 82.13 feet; north
77°45'24" east, for 96.76 feet to a point of
curvature; 2.53 feet along the are of a curve,
concave to the northwest, having a radius
of 145.00 feet and subtended by a chord
having a length of 2.53 feet and bearing
north 77 ° 15'24" east; thence through Tract
G: south 13°14'36" east, for 100.00 feet,
20.11 feet along the are of a curve, concave
to the northwest, having a radius of 245.00
feet and subtended by a chord having a
length of 20.10 feet and bearing north
74°24'20" east; thence south 17°56'43"
east, for 160.00 feet to a point on the
boundary of Tract G; thence along said
boundary; south 12 ° 14'36" east, for 335.20
feet to a point of curvature; 145.47 feet
along the arc of a curve, concave to the
northeast, having a radius of 170.00 feet
and subtended by a chord having a length
of 141.07 feet and bearing south 36°46'25"
east to a point of tangency; south 61 ° 16' 14"
east, for 91.06 feet; north 73°43'46" east,
for 28.28 feet; south 61 ° 16' 14" . east, for
124.26 feet; south 16' 16' 14" east, for 124.26
feet; south 28°43'46" west, for 124.26 feet;
south 73043'46" west, for 124.26 feet; north
61 ° 16' 14" west, for 124.26 feet; north
16 ° 16' 14" west, for 28.28 feet; north
61 ° 16' 14" west, for 91.06 feet to a point of
curvature; 367.95 feet along the arc of a
curve, concave to the northeast, having a
radius of 430.00 feet and subtended by a
chord having a length of 356.82 feet and
bearing north 36°45'25" west to a point of
tangency; north 12°14'36" west, for 333.20
feet; south 77°45'24" west, for 164.38 feet;
north 12 ° 14'36" west, for 100.00 feet; south
77°45'24" west, for 30.00 feet; south
12° 14'36" east, for 100.00 feet; south
77°45'24" west, for 14.20 feet to a point on
curve; 281.69 feet along the are of a curve,
concave to the northwest, having a radius
of 990.00 feet and subtended by a chord
having a length of 280.74 feet and bearing
south 03 ° 27' 12" west to a point of tangency;
south 11°36'17" west, for 262.43 feet to a
point of curvature; 251.39 feet along the
arc of a curve, concave to the northeast,
having a radius of 260.00 feet and sub-
tended by a chord having a length of 241.71
feet and bearing south 16° 05'39" east,
south 46°12'25" west, for 100.00 feet to a
point on curve; 40.00 feet along the arc of a
curve, concave to the northeast, having a
radius of 360.00 feet and subtended by a
chord having a length of 39.98 feet and
bearing south 46°58'34" east; south
46°34'53" west, for 80.45 feet to the point
of beginning; containing 22.035 acres more
or less.
(55) Riviera Golf Estates, Unit 1, Phases 1, 2
and 3 street lighting municipal service
taxing district which is more particularly
described as follows:
A portion of Tract G, Riviera Colony Golf
Estates -Tract Map, as recorded in Plat
Book 10, pages 104 through 108 inclusive,
Public Records of Collier County, Florida,
described as follows: Beginning at the north-
easterly corner of the right-of-way of
Marseille Drive South, as shown on the plat
of Riviera Colony Golf Estates Unit One, as
recorded in Plat Book 10, pages 109-113
inclusive, said public records, being a point
common to Tracts C, F and G, said plat of
Riviera Colony Golf Estates -Tract Map;
run the following courses: north 16°00'00"
east, for 354.25 feet to a point of curvature;
thence 171.76 feet along the arc of a curve,
concave to the west, having a radius of
470.00 feet and subtended by a chord having
a length of 170.80 feet and bearing north
05°31'51" east; thence north 85°03'42"
east, for 100.00 feet to a point on curve,
35.63 feet along the arc of a curve, concave
to the southwest, having a radius of 570.00
feet and subtended by a chord having a
length of 35.62 feet and bearing north
06"43'44" west; thence south 88°51'22"
east, for 60.78 feet, to a point on curve, 29.17
feet along the are of a curve, concave to the
southwest, having a radius of 630.00 feet
and subtended by a chord having a length
of 29.17 feet and bearing south 06°15'53"
east; thence north 85°03'42" east, for
100.00 feet to a point on curve, 156.35 feet
along the arc of a curve, concave to the west,
CD122:40
I--
SPECIAL DISTRICTS
having a radius of 730.00 feet and sub-
tended by a chord having a length of 156.05
feet and bearing south 01 ° 11'50.5" west;
thence south 74°00'00" east, for 46.21 feet;
thence north 61°00'00" east, for 28.28 feet;
thence south 74° 00'00" east, for 124.26 feet;
thence south 29° 00'00" east, for 124.26 feet;
thence south 16° 00'00" west, for 124.26
feet; thence south 61 ° 00'00" west, for
124.26 feet; thence north 74°00'00" west,
for 182.13 feet; thence south 16°00'00"
west, for 81.99 feet; thence south 64°36'47"
east, for 201.31/2 feet; thence south
25 ° 23' 13" west, for 100.00 feet, to a point
on the south boundary of Tract G; thence
along said south boundary south 64°36`47"
east, for 40.00 feet; thence south 25°23'13"
west, for 60.00 feet to a point on the south-
erly right-of-way of Marseille Drive South
extended; thence north 64° 36'47" west
along said right-of-way for 257.43 feet, to a
point or curvature, 206.41 feet along the
arc of a curve, concave to the south, having
a radius of 540.00 feet and subtended by a
chord having a length of 205.15 feet and
bearing north 75°33'47.5" west; thence
north 03°29'12" east, for 60.00 feet to the
point of beginning. Said lands situate, lying
and being in Collier County, Florida, con-
taining 6.18 acres, more or less; and
A portion of Tract G, Riviera Colony Golf
Estates -Tract Map, as recorded in Plat
Book 10, pages 104 through 108 inclusive,
Public Records of Collier County, Florida,
described as follows: Beginning at the west
Quarter Corner of Section 17, Township 50
South, Range 26 East, as shown on the Plat
of Riviera Colony Golf Estates -Unit One
as recorded in Plat Book 10, pages 109
through 113 inclusive, of the Public
Records, Collier County, Florida, thence run
the following courses and distances: south
00°55'20" east, 19.78 feet to the point of
beginning; thence south 70°30'00" west, for
49.85 feet; thence north 88°51'22" west, for
60.78 feet; thence south 81°28'50" west for
100.00 feet to a point of curvature; thence
308.41 feet along the arc of a curve, con-
cave to the southwest, having a radius of
470.00 feet and subtended by a chord having
CD122:41
§ 122.81
a length of 302.91 feet and bearing north
27°19'05" west, to a point of reverse cur-
vature; thence 832.67 feet along the arc of
a curve, concave to the east, having a ra-
dius of 530.00 feet and subtended by a chord
having a length of 749.64 feet and bearing
north 01°06'32" west; thence south
46°06'04" east, for 10.00 feet; thence south
63°07'50" east, for 94.13 feet; thence north
43°53'56" east, for 180.01 feet; thence south
46006'04" east, for 60.00 feet; thence south
43°53'56" west, for 167.57 feet; thence
south 46°06'04" east, for 100.00 feet; thence
south 43°53'56" west for 40.00 feet to a
point of curvature; thence 398.39 feet along
the arc of a curve, concave to the east,
having a radius of 270.00 feet and sub-
tended by a chord having a length of 363.22
feet and bearing south 01°37'43.5" west;
thence north 52° 06'00" east, for 167.83 feet;
thence north 07006'00" east, for 28.28 feet;
thence north 52' 06'00" east, for 124.26 feet;
thence south 82° 54'00" east, for 124.26 feet;
thence south 37° 54'00" east, for 124.26 feet;
thence south 09044'25" west, for 150.47
feet; thence south 64°30'00" east, for 143.04
feet; thence south 19° 30'00" east, for 124.26
feet; thence south 25°30'00" west, for
124.26 feet; thence south 70 ° 30'00" west,
for 124.26 feet; thence north 64°30'00"
west, for 28.28 feet; thence south 70°30'00"
west, for 211.58 feet to the point of begin-
ning. Said lands situate, lying and being in
Collier County, Florida. Containing 11.22
acres, more or less; and
A portion of Tract G, Riviera Colony Golf
Estates -Tract Map, as recorded in Plat
Book 10, pages 104 through 108 inclusive,
Public Records of Collier County, Florida,
described as follows: Beginning at the south-
west corner of the northwest quarter of the
northwest quarter of Section 17, Township
50 South, Range 26 East, as shown on the
Plat of Riviera Colony Golf Estates Tract
Map as recorded in Plat Book 10, pages 104
through 108 inclusive, of the Public Records
of Collier County, thence run the following
course: south 89°08'18" east, along the
northeast boundary of Tract G, for 1279.38
feet; thence south 00°29'57" east, con-
§ 122-81 COLLIER COUNTY CODE __11\
tinuing along said boundary for 651.50 feet;
thence through Tract G, south 89°30'03"
west, for 110.00 feet; thence south
71°03'57" west, for 63.24 feet; thence south
89°30'03" west, for 82.50 feet; thence south
56 ° 58' 17" west, for 18.60 feet to a point on
the boundary of Tract G; thence along said
boundary south 89°30'03" west, for 156.82
feet to a point of curvature; thence 418.34
feet along the arc of a curve, concave to the
northeast, having a radius of 940.00 feet
and subtended by a chord having a length
of 414.89 feet and bearing north
77°44'58.5" west, to a point of tangency;
thence north 65 ° 00'00" west, for 467.51 feet
to a point of curvature; thence 148.10 feet
along the arc of a curve, concave to the
northeast, having a radius of 540.00 feet
and subtended by a chord having a length
of 147.64 feet and bearing north 57°08'35"
west; thence north 43°53'56" east, for 10.02
feet; thence north 46°06'04" west, for 60.00
feet; thence south 43°53'56" west, for 10.02
feet to a point of curvature; thence 98.51
feet along the are of a curve, concave to the
northeast having a radius of 540.00 feet and
subtended by a chord having a length of
98.37 feet and bearing north 37°41'24.5"
west; thence, through Tract G north
59°32'10" east, for 110.00 feet; thence north
43° 19'37" east, for 83.14 feet; thence north
25°00'00" east, for 110.05 feet to the point
of beginning. Said lands situate, lying and
being in Collier County, Florida. Con-
taining 18.85 acres, more or less.
(56) Royal Wood Golf and Country Club Units 1
and 2 street lighting municipal service
taxing unit which is more particularly de-
scribed as follows:
All of Royal Wood Golf and Country Club
Unit 1 as recorded in Plat Book 15, pages
16-18, inclusive, of the public records of
Collier County, Florida; all being a part of
Section 17, Township 50 South, Range 26
East, Collier County, Florida, containing
96.57 acres more or less; and
All of Royal Wood Golf and Country Club
Unit 2 as recorded in Plat Book 16, pages
19-20, inclusive, of the Public Records of
Collier County, Florida; all being a part of
Section 17, Township 50 South, Range 26
East, Collier County, Florida, containing
70.58 acres more or less.
(57) Tall Pines Subdivision street lighting mu-
nicipal service taxing unit which is more
particularly described as follows:
Tall Pines Subdivision as recorded in Plat
Book 12, pages 70 through 71, inclusive, of
the Public Records of Collier County,
Florida.
(58) Victoria Park I street lighting municipal
service taxing unit which is more particu-
larly described as follows:
All of Victoria Park I as recorded in Plat
Book 11, pages 7-8, inclusive, of the Public
Records of Collier County, Florida; all being
a part of Section 26, Township 48 South,
Range 25 East, Collier County, Florida.
(59) Berkshire Lakes Units 3, 4 and 5 street
lighting municipal service taxing unit
which is more particularly described as fol-
lows:
All of Berkshire Lakes Unit 3 as recorded
in Plat Book 16, pages 15-17, inclusive, of
the Public Records of Collier County,
Florida; all being a part of Section 32, Town-
ship 49 South, Range 26 East, Collier
County, Florida; and
All of Berkshire Lakes Unit 4 as recorded
in Plat Book 16, pages 6-8, inclusive, of
the Public Records of Collier County,
Florida; all being a part of Section 32, Town-
ship 49 South, Range 26 East, Collier
County, Florida; and
All of Berkshire Lakes Unit 5 as recorded
in Plat Book 17, pages 34-37, inclusive, of
the Public Records of Collier County,
Florida; all being a part of Section 32, Town-
ship 49 South, Range 26 East, Collier
County, Florida.
(60) Berkshire Lakes Unit 6 street lighting mu-
nicipal service taxing unit which is more
particularly described as follows:
All of Berkshire Lakes Unit 6 as recorded
in Plat Book 19, pages 16-18, inclusive, of
CD 122:42
SPECIAL DISTRICTS
§ 122-81
the Public Records of Collier County, Flor-
Pulling Road (C.R. 31); thence along said
ida; all being a part of Section 32, Town-
westerly right-of-way line south 00°25'33"
ship 49 South, Range 26 East, Collier
east, 1319.41 feet to the point of begin -
County, Florida.
ning.
(61) Candlewood Subdivision street lighting
(63)
Crown Pointe East street lighting munic-
municipal service taxing unit which is
ipal service taxing unit which is more
more particularly described as follows:
particularly described as follows:
All of Candlewood Subdivision as re-
All of Crown Pointe East Subdivision as
corded in Plat Book 17, pages 52-53,
recorded in Plat Book 16, pages 37-41,
inclusive, of the Public Records of Collier
inclusive, of the Public Records of Collier
County, Florida; all being a part of Section
County, Florida; all being a part of Section
24, Township 48 South, Range 25 East,
7, Township 50 South, Range 26 East,
Collier County, Florida.
Collier County, Florida.
(62) Collier Park of Commerce (a/k/a East Na-
(64)
Erinwood Phase 1 street lighting munici-
ples Industrial Park) street lighting mu-
pal service taxing unit which is more
nicipal service taxing unit which is more
particularly described as follows:
particularly described as follows:
All of Erinwood Phase 1 as recorded in
All of Collier Park of Commerce (a/k/a
Plat Book 15, pages 3-4, inclusive, of the
East Naples Industrial Park) as recorded
Public Records of Collier County, Florida;
in Plat Book 10, pages 114-115, inclu-
all being a part of Tract "M" of the Vine-
sive, of the Public Records of Collier County,
yards Unit 2 as recorded in Plat Book 14,
Florida; all being a part of Section 35,
pages 98-99, Public Records of Collier
t
Township 49 South, Range 25 East, Col-
County, Florida.
\y,
lier County, Florida.
(65)
Hidden Harbour at Victoria Park street
The following described property
lighting municipal service taxing unit
is hereby added to the Collier Park
which is more particularly described as
of Commerce (a/k/a East Naples In-
follows:
dustrial Park) street lighting munic-
ipal service taxing unit:
All of Hidden Harbour at Victoria Park as
recorded in Plat Book 19, pages 52-53,
A portion of Section 35, Township 49 South,
inclusive, of the Public Records of Collier
Range 25 East, Collier County, Florida,
County, Florida; all being a part of Section
described as follows:
26, Township 49 South, Range 25 East,
Commence at the east quarter corner of
Collier County, Florida.
said Section 35; thence along the east-
(66)
Immokalee lighting district which is more
west corner quarter section line of said
particularly described as follows:
Section 35; south 89°51'42" west, 50.00
feet to the westerly right -of --way line of
The south one-half of the south one-half of
Airport -Pulling Road (C.R. 31) and the
Section 29, south one-half of the south -
point of beginning; thence continue along
east quarter of Section 30, the northeast
said east -west quarter line, south 89°51'42"
quarter of Section 31; all of Section 32; all
west, 3718.95 feet; thence north 00°00'00"
of Section 33; the southwest quarter of
east, 180.00 feet; thence north 17°00'00"
Section 34; and the south one-half of the
east, 920.00 feet; thence north 00°00'00"
southwest quarter of Section 28; all in
east, 340.25 feet; thence north 89°51'42"
Township 46 South, Range 29 East; and
east, 2529.97 feet; thence south 00°08'18"
The southeast quarter of Section 3, the
east, 80.00 feet; thence north 89°51'42"
west one-half of Section 3; all of Section 4;
east, 910.00 feet to the aforementioned
the northwest quarter of Section 5, the
westerly right-of-way line of Airport-
east one-half of Section 9 and the south-
Supp. No. 16 CD122:43
§ 122-81 COLLIER COUNTY CODE ^
west quarter of the northeast quarter of
Section 11; all in Township 47 South,
Range 29 East, Collier County, Florida.
(67) Reserved.
(68) Kings Lake Unit 4 street lighting munic-
ipal service taxing unit which is more
particularly described as follows:
All of Kings Lake Unit 4 as recorded in
Plat Book 13, pages 71-73, inclusive, of
the Public Records of Collier County, Flor-
ida; and a replat of parts of Blocks "B,"
"C," "I," "M," "O" and "T" and outlots "C"
and "D" of Kings Lake Unit 4 as recorded
in Plat Book 13, pages 82-83 (Plat Book
13, pages 71, 72 and 73), Collier County
Public Records. All being a part of the
west one-half of Section 7, Township 50
South, Range 26 East, Collier County,
Florida.
(69) Kirtland Pines street lighting municipal
service taxing unit which is more partic-
ularly described as follows:
All of Kirtland Pines as recorded in Plat
Book 16, pages 73-74, inclusive, of the
Public Records of Collier County, Florida;
all being a part of Section 24, Township 48
South, Range 25 East, Collier County,
Florida.
(70) Loch Louise street lighting municipal ser-
vice taxing unit which is more particu-
larly described as follows:
The west one-half of the southeast one -
quarter of Section 7, Township 50 South,
Range 26 East, Collier County, Florida
and that Part of the west one-half of the
northeast quarter of said Section 7, more
particularly described as follows: Com-
mencing at the north quarter corner of
said Section 7, run south 00°37'27" east
along the west line of the northeast quar-
ter a distance of 75.00 feet to the south-
erly right-of-way line of Davis Boulevard
and the point of beginning; thence north
89°58'50" east along said southerly right-
of-way line 329.49 feet; thence south
00°37'30" east 500.00 feet to a point of
curvature; thence 101.50 feet along the
arc of a curve concave to the northeast
having a radius of 340.84 feet, a central
angle of 17°03'44" and a chord of 101.12
feet, bearing south 09°09'24" east to a
point of reverse curvature; thence 101.50
feet along the arc of a curve concave to the
southwest having a radius of 340.84 feet,
a central angle of 17°03'44" and a chord of
101.12 feet bearing south 09°09'24" east
to a point of tangency; thence south
00°37'30" east to a point of tangency;
thence south 00°37'30" east 1913.52 feet
to the south line of northeast quarter of
said Section 7; thence south 89057'50"
west 359.52 feet to the west line of the
northeast quarter of said Section 7; thence
north 00°37'27" west 2613.31 feet to the
point of beginning. The above described
land is now known as West Crown Pointe
and recorded in Plat Book 14, pages 61-
63, inclusive, of the Public Records of
Collier County, Florida.
(71) Madison Meadows street lighting munic-
ipal service taxing unit which is more
particularly described as follows:
All of Madison Meadows as recorded in
Plat Book 19, pages 14-15, inclusive, of
the Public Records of Collier County, Flor-
ida; all being a part of Section 24, Town-
ship 48 South, Range 25 East, Collier
County, Florida.
Supp. No. 16 CD122:44
SPECIAL DISTRICTS
(72) Marco Island lighting municipal service
taxing district which is more particularly
described as follows:
Marco Beach Unit 1, as recorded in Plat
Book 6, pages 9-16; a replat of portions
of Blocks 28, 120, 123 and 132, Marco
Beach Unit 1 and Unit 4, as recorded in
Plat Book 6A, pages 19A and 20A; Marco
Beach Unit 2, as recorded in Plat Book 6,
pages 25-31; Parcel 2, Section 16, Town-
ship 52 South, Range 26 East; Marco
Beach Unit 3, as recorded in Plat Book 6,
pages 17-24; a replat of a portion of
Marco Beach Unit 4, as recorded in Plat
Book 12, pages 19-21; Marco Beach Unit
4, as recorded in Plat Book 6, pages 32-
37; Marco Highlands, as recorded in Plat
Book 3, page 72; Marco Highlands Addi-
tion, as recorded in Plat Book 3, page 91;
a replat of a portion of Marco Beach Unit
5, as recorded in Plat Book 6A, pages
23A-24A; Marco Beach Unit 5, as re-
corded in Plat Book 6, pages 39-46; a
replat of a portion of Marco Beach Unit 6,
as recorded in Plat Book 6A, page 25A;
Marco Beach Unit 6, as recorded in Plat
Book 6, pages 47-54; second replat of a
portion of Marco Beach Unit 6, as re-
corded in Plat Book 12, page 38; Marco
Beach Unit 7, as recorded in Plat Book 6,
pages 55-62; Marco Beach Unit 8, as
recorded in Plat Book 6, pages 63-68;
Marco Beach Unit 25, as recorded in Plat
Book 12, pages 2-5; Marco Beach Unit 9,
as recorded in Plat Book 6, pages 69-73;
Marco Beach Unit 10, as recorded in Plat
Book 6, pages 74-79; a replat of a portion
of Marco Beach Unit 11, as recorded in
Plat Book 8, page 51; Marco Beach Unit
11, as recorded, in Plat Book 6, pages
80-86; a replat of a portion of Marco
Beach Unit 11, as recorded in Plat Book
12, pages 24-26; Marco Beach Unit 12,
as recorded in Plat Book 6, pages 87-91;
Marco Beach Unit 13, as recorded in Plat
Book 6, pages 92-99; J. M. Barfield Sub-
division, Town of Caxambas, Section 21,
Township 52 South, Range 26 East; Marco
Beach Unit 14, as recorded in Plat Book 6,
pages 100-103; Marco Beach Unit 21, as
§ 122-81
recorded in Plat Book 6A, pages 21A-
22A; Marco Beach Unit 22, as recorded in
Plat Book 8, pages 29-31; Parcel 2, Sec-
tion 18, Township 52, Range 26 East;
Marco Beach Unit 23, as recorded in Plat
Book 8, pages 81-83; Amended Plat of
Collier City, as recorded in Plat Book 1,
page 58; Old Marco Village, as recorded in
Plat Book 6, page 3, of the Public Records
of Collier County, Florida; Parcel 1, Sec-
tion 19, Township 52 South, Range 26
East; Parcels 1, 10, 11, 12, 13, 4, 5, 8, 9, 6,
7, Section 18, lbwnship 52 South, Range
26 East; Parcel 2.1, Section 5, Township
52 South, Range 26 East; Parcels 2 and 3,
Section 6, Township 52 South, Range 26
East; Parcel 2, Section 7, Township 52,
South, Range 26 East; Parcels 28, 23, 25,
24, 26, 27, 20.1, 21, 21.1, 8, 20, 3. 1, all. in
Section 5, Township 52 South, Range 26
East, Collier County, Florida.
(73) Reserved.
(74) Northgate Village Units 1 and 2 street
lighting municipal service taxing unit
which is more particularly described as
follows:
All of Northgate Village Unit 1 as re-
corded in Plat Book 13, page 113, of the
Public Records of Collier County, Florida;
all being a part of Section 15, Township 49
South, Range 25 East, Collier County,
Florida; and
All of Northgate Village Unit 2 as re-
corded in Plat Book 15, page 50, of the
Public Records of Collier County, Florida;
all being a part of Section 15, Township 49
South, Range 25 East, Collier County,
Florida.
(75) Orangetree Units 1-4 street lighting mu-
nicipal service taxing unit which is more
particularly described as follows:
All of Orangetree Unit 1 as recorded in
Plat Book 14, pages 92-93, inclusive, of
the Public Records of Collier County, Flor-
ida; all being a part of Section 23, Town-
ship 48 South, Range 27 East, Collier
County, Florida; and
Supp. No. 13
CD122:45
§ 122-81
COLLIER COUNTY CODE
All of Orangetree Unit 2 as recorded in
Plat Book 14, page 113 of the Public
Records of Collier County, Florida; all
being a part of Section 23; Township 48
South, Range 27 East, Collier County,
Florida; and
All of Orangetree Unit 3 as recorded in
Plat Book 14, page 121 of the Public
Records of Collier County, Florida; all
being a part of Section 23, Township 48
South, Range 27 East, Collier County,
Florida; and
All of Orangetree Unit 4 as recorded in
Plat Book 14, pages 124-125, inclusive,
of the Public Records of Collier County,
Florida; all being a part of Section 23,
Township 48 South, Range 27 East, Col-
lier County, Florida.
(76) Palmetto Ridge street lighting municipal
service taxing unit which is more partic-
ularly described as follows:
All of Palmetto Ridge as recorded in Plat
Book 18, pages 88-89, inclusive, of the
Public Records of Collier County, Florida;
all being a part of Section 24, Township 48
South, Range 25 East, Collier County,
Florida.
(77) Plantation Subdivision street lighting mu-
nicipal service taxing unit which is more
particularly described as follows:
All of Plantation Subdivision as recorded
in Plat Book 15, pages 80-82, inclusive,
of the Public Records of Collier County,
Florida; all being a part of Section 4,
Township 50 South, Range 26 East, Col-
lier County, Florida.
(78) Quail Crossing street lighting municipal
service taxing unit which is more partic-
ularly described as follows:
All of Quail Crossing Subdivision as re-
corded in Plat Book 17, pages 3-4, inclu-
sive, of the Public Records of Collier County,
Florida; all being a part of Section 24,
Township 48 South, Range 25 East, Col-
lier County, Florida.
Supp. No. 13 CD122:46
(79) Quail Hollow street lighting municipal
service taxing unit which is more partic-
ularly described as follows:
All of Quail Hollow Subdivision as re-
corded in Plat Book 14, page 42, of the
Public Records of Collier County, Florida;
all being a part of Section 16, Township 50
South, Range 26 East, Collier County,
Florida.
(80) Queens Park at Lago Verde Phases 1 and
2 street lighting municipal service taxing
unit which is more particularly described
as follows:
All of Queens Park at Lago Verde Phases
1 and 2 as recorded in Plat Book 14, pages
81-82 and 94-95, inclusive, of the pub-
lic records of Collier County, Florida; all
being a part of Section 18, Township 50
South, Range 26 East, Collier County,
Florida.
(81) Riverwood Mobile Home Park street light-
ing municipal service taxing unit which is
more particularly described as follows:
All of Riverwood Unit 1, as recorded in
Plat Book 8, pages 53, inclusive, of the
Public Records of Collier County, Florida;
all being a part of Section 10, Township 51
South, Range 26 East, Collier County,
Florida; and
All of Riverwood Unit 1 Addition as re-
corded in Plat Book 9, page 107, of the
Public Records of Collier County, Florida;
all being a part of Section 10, Township 51
South, Range 26 East, Collier County,
Florida; and
All of Riverwood Unit 2 as recorded in
Plat Book 10, page 90, of the Public Records
of Collier County, Florida; all being a part
of
Section 10, Township 51 South, Range 26
East, Collier County, Florida; and
All of Riverwood East as recorded in Plat
Book 13, page 13, of the Public Records of
Collier County, Florida; all being a part of
Section 10, Township 51 South, Range 26
East, Collier County, Florida; and
.t.'
SPECIAL DISTRICTS
All of Riverwood East Unit 2 as recorded
in Plat Book 13, page 112, of the Public
Records of Collier County, Florida; all
being a part of Sections 3 and 10, Town-
ship 51 South, Range 26 East, Collier
County, Florida.
(82) Riverwood East Unit 3 street lighting
municipal service taxing unit which is
more particularly described as follows:
All of Riverwood East Unit 3 as recorded
in Plat Book 14, page 90, inclusive, of the
Public Records of Collier County, Florida;
all being a part of Sections 3 and 10,
Township 51 South, Range 26 East, Col-
lier County, Florida.
(83) Riverwood East Unit 4, Phase 1 street
lighting municipal service taxing unit
which is more particularly described as
follows:
All of Riverwood East Unit 4, Phase 1 as
recorded in Plat Book 15, pages 56-57,
inclusive, of the Public Records of Collier
County, Florida; all being a part of Section
10, Township 51 South, Range 26 East,
Collier County, Florida.
(84) Riviera Colony Golf Estates Unit 1 street
lighting municipal service taxing unit
which is more particularly described as
follows:
All of Riviera Colony Golf Estates Unit 1
as recorded in Plat Book 10, pages 109-
113, inclusive, of the Public Records of
Collier County, Florida; all being a part of
Section 18, Township 50 South, Range 26
East, Collier County, Florida.
(85) Riviera Golf Estates Unit 2 street lighting
municipal service taxing unit which is
more particularly described as follows:
All of Riviera Golf Estates Unit 2 as
recorded in Plat Book 12, pages 96-98,
inclusive, of the Public Records of Collier
County, Florida.
(86) Riviera Golf Estates Unit 3 street lighting
municipal service taxing unit which is
more particularly described as follows:
All of Riviera Golf Estates Unit 3 as
recorded in Plat Book 14, pages 76-77,
122-81
inclusive, of the Public Records of Collier
County, Florida; all being a part of Section
18, Township 50 South, Range 26 East,
Collier County, Florida.
(87) Reserved.
(88) Sabal Lake Unit 1 street lighting munic-
ipal service taxing unit which is more
particularly described as follows:
All of Sabal Lake Unit 1 as recorded in
Plat Book 15, pages 1-2, inclusive, of the
Public Records of Collier County, Florida;
all being a part of Section 4, Township 50
South, Range 26 East, Collier County,
Florida.
(89) South Tamiami Heights street lighting
municipal service taxing unit which is
more particularly described as follows:
South Tamiami Heights according to the
plat recorded in Plat Book 3, page 44, of
the Public Records of Collier County, Flor-
ida, less Lots 1 and 2 of Block B, and less
Lots 16 through 28 of Block A thereof.
(90) Tanglewood Units 1 and 2 street lighting
municipal service taxing unit which is
more particularly described as follows:
All of Tanglewood Unit 1 as recorded in
Plat Book 13, page 107, of the Public
Records of Collier County, Florida; all
being a part of Section 20, Township 50
South, Range 26 East, Collier County,
Florida; and
All of Tanglewood Unit 2 as recorded in
Plat Book 13, pages 114-115, inclusive,
of the Public Records of Collier County,
Florida; all being a part of Sections 20 and
21, Township 50 South, Range 26 East,
Collier County, Florida.
(91) Timbercreek Phase 2 street lighting mu-
nicipal service taxing unit which is more
particularly described as follows:
All of Timbercreek Phase 2 (Lely Country
Club) as recorded in Plat Book 13, pages
94-95, of the Public Records of Collier
County, Florida.
Supp. No. 14
CD122:47
122-81 COLLIER COUNTY CODE
(92) Vanderbilt Villas street lighting munici- Collier County, Florida; all being a part of
pal service taxing unit which is more Section 18, Township 50 South, Range 26
particularly described as follows: East, Collier County, Florida.
All of Vanderbilt Villas as recorded in Plat
Book 15, pages 5-6, inclusive, of the
Public Records of Collier County, Florida;
all being a part of Section 21, Township 48
South, Range 25 East, Collier County,
Florida.
(93) Vineyards Unit 1 (including Tracts "F"
and "K") and vineyards Unit 3 street
lighting municipal service taxing unit
which is more particularly described as
follows:
All of Vineyards Unit 1 (including Tracts
"F" and "K") as recorded in Plat Book 14,
pages 67-74, 86-88, and 96-97, inclu-
sive, of the Public Records of Collier County,
Florida; all being a part of Sections 5 and
6 and 5 and 8, Township 49 South, Range
26 East, Collier County, Florida; and
All of Vineyards Unit 3 as recorded in Plat
Book 16, pages 2-5, inclusive, of the
Public Records of Collier County, Florida;
all being a part of Sections 5 and 8,
Township 49 South, Range 26 East, Col-
lier County, Florida.
(94) Berkshire Lakes Unit 7 which is more
particularly described as follows:
All of Berkshire Lakes Unit 7 as recorded
in Plat Book 21, pages 68-69, inclusive,
of the Public Records of Collier County,
Florida; all being a part of Section 32,
Township 49 South, Range 26 East, Col-
lier County, Florida.
(95) Queens Park at Lago Verde Phases 3 and
4 which is more particularly described as
follows:
All of Queens Park at Lago Verde Phase 3
as recorded in Plat Book 15, pages 58-
59, inclusive, of the Public Records of
Collier County, Florida; all being a part of
Section 18, Township 50 South, Range 26
East, Collier County, Florida; and
All of Queens Park at Lago Verde Phase 4
as recorded in Plat Book 19, pages 12-
13, inclusive, of the Public Records of
(96) Reserved.
(97) Queens Park at Lago Verde Phases 7 and
8 which is more particularly described as
follows:
All of Queens Park at Lago Verde Phase 7
as recorded in Plat Book 26, Pages 24-
25, inclusive, of the Public Records of
Collier County, Florida; and
All of Queens Park at Lago Verde Phase 8
as recorded in Plat Book 23, Pages 83-
84, inclusive, of the Public Records of
Collier County, Florida.
(98) Sabal Lake Phase 2 which is more partic-
ularly described as follows:
All of Tracts "G" and "H" of Sabal Lake
Unit 1 as recorded in Plat Book 15, Pages
1-2, inclusive, of the Public Records of
Collier County, Florida.
(99) Willoughby Acres, which is more particu-
larly described as follows: All of Wil-
loughby Acres as recorded in Plat Book 8,
pages 24-26, inclusive, of the Public
Records of Collier County, Florida.
(100) Immokalee, which is more particularly
described as follows: All of Section 36,
Township 46 South, Range 28 East; and
The south half of the southwest quarter of
Section 28; the south half of the south half
of Section 29; the east half and the south
half of the southwest quarter of Section
30; all of Section 31; all of Section 32; all of
Section 33; the southwest quarter of Sec-
tion 34; Township 46 South, Range 29
East; and
The southeast quarter and the west half
of Section 3; all of Section 4; the northeast
quarter and the north half of the north-
west quarter of Section 5; all of Section 9;
that portion of the south half of the north-
east quarter and that portion of the south-
east quarter of Section 11 lying northeast
of State Road 29; Township 47 South,
Range 29 East;
Supp. No. 14 CD122:48
l , SPECIAL DISTRICTS § 122-84
V
All lands lying in Collier County, Florida.
(101) Naples Production Park Street Lighting
District, an unplatted subdivision, which
is more particularly described as follows:
Section 36, Township 49 South, Range 25
East, lying in Collier County, Florida.
(102) Trade Center of Naples, Trade Center of
Naples Replat of lots 44 & 45, Industrial
Village, Industrial Village No. 2, Kathleen
Court, lot 155 J & C Industrial Park, and
J & C Industrial Park, which is more
particularly described as follows:
All that land in the North 1/2 of Section 11,
Township 49 South, Range 25 East, Col-
lier County Florida, which is more partic-
ularly described as:
All of the North 1/2 of Section 11, Township
49 South, Range 25 East, less and except
the South 1/2 of the Northeast 1/4 of said
Section 11 and the East 1758 Feet more or
less of the South 330 Feet more or less of
the South 1/2 of the North 1/2 of the North-
east 1/4 of said Section 11, as described in
O.R. Book 2412 at Page 1773, also being
Lots 21 through 36 of Industrial Village
Two an unrecorded plat by Bruce Green
and Associates, Dated 6/18/1973, inclu-
sive, of the Public Records of Collier County,
Florida; and
All that land in the Southwest 1/4 of Sec-
tion 11, Township 49 South, Range 25
East, Collier County, Florida, inclusive of
the Public Records of Collier County, Flor-
ida; and
All of the lands lying within the bound-
aries of the plat of Majestic Pines as
recorded in Plat Book 20, Pages 55 and 56
of the Public Records of Collier County,
Florida
(Ord. No. 72-1, § 1; Ord. No. 73-19, § 1; Ord. No.
75-59, § 1; Ord. No. 76-21, § 1; Ord. No. 76-66, § 1;
Ord. No. 77-10, § 1; Ord. No. 77-11, § 1; Ord. No.
77-21, § 1; Ord. No. 77-35, § 1; Ord. No. 78-40, § 1;
Ord. No. 78-50, § 1; Ord. No. 78-62, § 1; Ord. No.
78-78, § 1; Ord. No. 78-79, § 1; Ord. No. 78-80, § 1;
Ord. No. 79-56, § 1; Ord. No. 80-116, § 2; Ord. No.
81-19, § 1; Ord. No. 81-93, § 1; Ord. No. 81-95, § 1;
Supp. No. 26
Ord. No. 82-4, § 1; Ord. No. 82-5, § 1; Ord. No.
84-15, § 1; Ord. No. 84-19, § 1; Ord. No. 89-21, § 1;
Ord. No. 89-96, §§ 1, 2; Ord. No. 90-15, § 1; Ord.
No. 93-94, § 1; Ord. No. 96-88, § 1; Ord. No. 98-19,
§ 1; Ord. No. 99-36, § 1, 5-11-99; Ord. No. 01-47,
§ 1, 9-11-01; Ord. No. 01-72, § 1, 11-27-01; Ord.
No. 02-72, §§ 1A, 1B, 12-17-02; Ord. No. 03-65,
§ 1, 12-16-03; Ord. No. 04-44, § 1; Ord. No.
2006-54, § 1; Ord. No. 08-29, § 1)
State law reference -Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-82. Governing body.
The governing body of the district shall be ex
officio the Board of County Commissioners.
(Ord. No. 72-1, § 2)
State law reference -Similar provisions, F.S. § 125.01(2).
Sec. 122-83. Purposes; powers and duties.
The district is formed for the purpose of pro-
viding street lighting in the above described sub-
divisions, and to that end shall possess all the
powers to do all things reasonably necessary to
provide such services, including ownership of
property, poles, wires, conduits, lights, meters
and the power to maintain the same and to enter
into contracts for providing the same and the
electric current to operate any lighting system
therein installed.
(Ord. No. 72-1, § 3)
Sec. 122-84. Budget; annual tax levy.
For the purpose of carrying into effect this
article the Board of County Commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
lighting district for the next fiscal year, which
shall be from October 1 to and including Septem-
ber 30, following. The estimate shall have for
what purpose the moneys are required and the
amount necessary to be raised by taxation within
the district. 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
property within the district subject to taxation a
levy sufficient to meet the requirements of the
lighting district based upon the benefits derived.
(Ord. No. 72-1, § 4; Ord. No. 73-7, § 1)
CD 122:49
§ 122-85 COLLIER COUNTY CODE
Sec. 122-85. Assessment and collection of ARTICLE VI. HENDERSON CREEK PARK
taxes. FIRE CONTROL DISTRICT
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 72-1, § 5)
Secs. 122-86-122-105. Reserved.
ARTICLE IV. EAST NAPLES FIRE
CONTROL DISTRICT*
Sec. 122-106. Candidates for election to
board.
From and after the effective date of this section
candidates for election to the East Naples Fire
Control Board shall qualify to run for said office
with the clerk of the circuit court of the county at
the same time as may be now or hereafter pro-
vided by general law, and in the same manner, as
candidates for other county offices in general,
anything to the contrary herein notwithstanding.
(Ord. No. 70-6, § 1)
Secs. 122-107-122-125. Reserved.
ARTICLE V. RESERVEDt
Secs. 122-126-122-170. Reserved.
*Special act reference —Special acts pertaining to East
Naples Fire Control District, § 262-201 et seq.
tEditor's note Ord. No. 98-104, § 1, adopted Nov. 24,
1998, repealed §§ 122-126-122-148 in their entirety. For-
merly, said sections pertained to the water management
district 6. See Code Comparative Table.
Sec. 122-171. Name.
The corporate name of the district is the
Henderson Creek Park Fire Control District and
shall be a special purpose district as defined by
F.S. § 125.01(1)(q).
(Ord. No. 73-21, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-172. Boundaries.
The description boundaries are as follows:
Henderson Creek Park Subdivision, as
recorded in Plat Book 6, at page 8;
Henderson Creek Park Subdivision, 1st
Addition, as recorded in Plat Book 8, at
page 41.
(Ord. No. 73-21, § 2)
Sec. 122-173. Governing board.
The governing board of the district under this
article shall be the Board of County Commission-
ers.
(Ord. No. 73-21, § 3)
State law reference Similar provisions, F.S. § 125.01(2).
Sec. 122-174. Powers and duties of board.
The business affairs of the district shall be
administered and conducted by the board. It shall
have the authority as prescribed in F.S.
§ 125.01(1)(q), including the authority to estab-
lish, equip, operate and maintain a fire depart-
ment within the district and shall buy, lease, sell,
exchange or otherwise acquire and dispose of
firefighting equipment and other property, real,
personal or mixed, that it may from time to time
deem necessary to prevent and extinguish fires
within the district. This shall include, but is not
limited to, the authority to provide water, water
supply, water stations and other necessary build-
ings; accept gifts or donations of equipment or
money for the use of the district; and to do all
things necessary to provide for an adequate water
supply, for prevention and proper fire protection
for the district. The board shall have the power to
hire and fire necessary firefighting personnel, to
Supp. No. 26 CD122:50
SPECIAL DISTRICTS
inspect all property and investigate for hire haz-
ards and to promulgate rules and regulations for
the prevention of fire and for fire control in the
district.
(Ord. No. 73-21, § 4)
Sec. 122-175. Annual budget.
For the purpose of carrying into effect this law
the board shall annually make an itemized esti-
mate of the amount of money required to carry
out the provisions of this article for the next fiscal
year which shall be as prescribed by F.S. Ch. 129.
The estimate shall have for what purpose the
moneys are required and the amount necessary to
be raised by taxation within the district, and shall
be presented in writing, signed by the chairman
and vice-chairman to the board of county commis-
sioners. Prior to the presentation of the estimate
to the board of county commissioners, copies of
the itemized estimate, signed by the chairman
and vice-chairman of the board, shall be adver-
tised and prepared at the same time as the county
annual budget as prescribed in F.S. Ch. 129.
(Ord. No. 73-21, § 5)
Sec. 122-176. Annual tax levy.
Upon adoption of said district budget the board
of county commissioners shall cause the same to
be recorded in the minutes of the county commis-
sioners' meeting, and at the time of making and
fixing the rate of annual taxation for county
purposes, shall fix and cause to be levied on all
property of the district real and personal, a mill -
age sufficient to meet the requirements of the
estimate; provided, however, the total millage
shall not exceed one mill in any one year.
(Ord. No. 73-21, § 6)
Sec. 122-177. Assessment, collection of taxes.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of county
taxes.
(Ord. No. 73-21, § 7)
Sec. 122-178. Receipts, expenditures.
All warrants for the payment of labor, equip-
ment, materials and other allowable expenses
§ 122-201
incurred by the board in carrying out the provi-
sions of this article shall be payable by the trea-
surer of the board on accounts and vouchers
approved by the board. The treasurer shall on or
before each year make a written annual report of
receipts and expenditures of the funds of the
district to the board as required by the Uniform
Local Government Financial Management and
Reporting Act (F.S. § 218.30 et seq.). He shall
furnish a copy of the report to the board of county
commissioners.
(Ord. No. 73-21, § 8)
Secs. 122-179-122-200. Reserved.
ARTICLE VII. GOLDEN GATE MUNICIPAL
SERVICES DISTRICT
Sec. 122-201. Creation; boundaries.
The Golden Gate Municipal Services District is
hereby created with the boundaries described as
follows:
All of that area of land located in Collier
County, Florida, described as:
Golden Gate Estates:
Unit
Plat Book
Page
1
4
73,74
26
7
15,16
27
7
17,18
28
7
19,20
32
7
21,22
34
7
23
and
Unit
Part
Plat Book
Page
1
1
9
100,101
1
2
11
11,12
1
—
5
60-64
2
1
9
116-120
2
2
7
66,67
2
3
7
69,70
2
—
5
65-77
3
1
11
9,10
3
—
5
97-105
4
1
9
121-124
4
—
5
107-116
Supp. No. 25
CD122:51
§ 122-201 COLLIER COUNTY CODE
Unit Part Plat Book Page
enacted pursuant to chapter 2, article
VIII, division 2 to establish and create the
5 — 5 117-123
Golden Gate Estates Land Trust Commit-
6 1 9 1-7
tee, hereinafter referred to as the "com-
6 — 5 124-134
mittee".
7 — 5 135-146
8 1 5 147-151
(2) Appointment and composition.
8 2 9 107A—
a. The committee shall consist of five
112
members, which representation shall
and
consist of no more than one officer or
Gator Gate Unit 2, as recorded in Plat
director from any one organization/
Book 7, page 54:
association.
(Note: All above plat books and pages
b. Members of the committee shall be
recorded in the Public Records in
appointed by and serve at the plea -
Collier County, Florida)
sure of the board of county commis -
sioners. Said members shall be per -
Sections 33, 34 and west one-half of Section 35,
manent residents and electors of the
Township 49 South, Range 26 East; Section 4
Golden Gate Estates area. There shall
and that part of Section 3, lying north and west
be no more than three members on
of State Road 84 in Township 50 South, Range
the committee concurrently who live
26 East.
within the same area of any one of
(Ord. No. 75-4, § 1(1))
those five areas of Golden Gate Es -
State law reference —Authority to create municipal ser-
tates established and shown on ex-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
hibit "A" attached to the ordinance
Sec. 122-202. Governing board; powers and
from which this article is derived. If
duties; advisory committee;
more than one applicant is eligible
millage.
for a vacancy, selection preference
(a) The governing board of the district shall be
shall be provided to the applicant
the board of county commissioners with the power
residing in the area of Golden Gate
Estates as shown on said exhibit "A",
and duty to conduct the affairs of the district with
which is least represented by the
the powers prescribed by F.S. § 125.01(1)(q) includ-
existing committee membership.
ing, but not limited to, the power to equip, operate
and maintain facilities and equipment within the
C. Appointment of members to the com-
district; to buy, lease, sell, exchange, or otherwise
mittee shall be by resolution of the
acquire, hold and dispose of equipment and other
board of county commissioners, which
personal or real property and to employ and
resolution shall set forth the date of
discharge employees; to promulgate rules and
appointment and the term of office.
regulations to administer the district and to pro-
(3) Terms of office. The initial terms of office
tect persons and property within the district.
of the committee shall be as follows:
(b) In accordance with the procedures speci-
a. One member shall be appointed for a
fied in subsections M —(9) of this subsection, the
term of two years.
board shall appoint a committee of three to five
b. Two members shall be appointed for
electors residing with the district to serve stag-
a term of three years.
gered terms of two years each to hold meetings at
such times and places as it shall determine for the
C. Two members shall be appointed for
purposes of advising the board regarding the
a term of four years.
affairs of the district.
d. Thereafter, each appointment or re-
(1) Creation of land trust committee. Subsec-
appointment shall be for a term of
tions (1) through (9) of this subsection are
four years.
Supp. No. 25 CD122:52
SPECIAL DISTRICTS
§ 122-202
e. Appointments to fill any vacancies
formance of their duties upon prior ap-
on the committee shall be for the
proval of the board of county commission -
remainder of the unexpired term of
ers.
office.
(7)
Functions, powers and duties of the com-
(4) Removal from office; failure to attend meet-
mittee. The functions, powers and duties
ings.
of the committee shall be as follows:
a. Any member of the committee may
a. To aid and assist the board of county
be removed from office by a majority
commissioners in carrying out the
vote of the board of county commis-
requirements, conditions and vari-
sioners.
ous provisions of the GAC/Avatar
Agreement dated November 15, 1983
b. If any member of the committee fails
(hereinafter referred to as the "1983
to attend three consecutive commit-
agreement"), said agreement relat-
tee meetings without a satisfactory
ing to the use of 1061.5 acres con -
excuse, or if a member is absent
veyed to the county by Avatar and
from more than one-half of the
the use of funds obtained from the
committee's meetings in a given cal-
sale thereof.
endar year, the committee shall de-
b. To prepare and recommend to the
clare the member's seat to be vacant
board of county commissioners an
and the vacancy shall be filled by the
itemized budget of the amount of
board of county commissioners.
money required to carry out the busi-
(5) Officers; quorum; rules of procedure.
ness of the committee for the next
a. At its earliest opportunity, the mem-
fiscal year. In carrying out this re -
sponsibility, the committee shall, no
bership of the committee shall elect
later than April 1 of each year, meet
a chairman and vice-chairman from
with the county real property man -
among the members. Officers' terms
agement director or his designee and
shall be for one year, with eligibility
outline to the director those projects
for reelection.
which the committee wishes to see
b. The presence of three or more mem-
accomplished during the next fiscal
bers shall constitute a quorum of the
year. Based upon this information
committee necessary to take action
the director or his designee shall
and transact business.
prepare a proposed budget for Fund
605, GAC Trust Fund -Land Sales,
C. The committee shall, by majority
hereinafter referred to as "trust fund",
vote of the entire membership, adopt
in accordance with standard county
rules of procedure for the transac-
guidelines regarding the prepara-
tion of business and shall keep a
tion of budgets. This proposed bud -
written record of meetings, resolu-
get shall then be reviewed by the
tions, findings and determinations.
committee and upon approval by the
Copies of all committee minutes, res-
committee be transmitted through
olutions, reports and exhibits shall
the real property management direc-
be submitted to the board of county
for to the board of county commis -
commissioners.
sioners for adoption in accordance
with the procedures for the adoption
(6) Compensation. Members of the committee
of budgets set forth under general
shall serve without compensation, but may
law and board of county commission -
be entitled to receive reimbursement for
ers' policy. Should the committee fail
expenses reasonably incurred in the per-
to approve a budget by May 1 of each
Supp. No. 25 CD 122:53
§ 122-202 COLLIER COUNTY CODE
year, the county administrator shall
be authorized to submit a proposed
budget to the board of county com-
missioners.
C. To advise the board of county com-
missioners as to specific governmen-
tal facilities recommended to be pro-
vided on the lands deeded in
accordance with the 1983 agree-
ment.
d. To propose marketing programs for
the sale of lands owned by the county
pursuant to the conditions and re-
quirements of the 1983 agreement.
e. To set priorities for expenditures of
the trust fund and monitor the ex-
penditures of the trust fund in accor-
dance with the 1983 agreement.
(8) Duties of the county real property manage-
ment director or designee. The duties of
the county real property management di-
rector shall be:
a. To administer the activities of the
committee in accordance with estab-
lished policies of the board of county
commissioners, the 1983 agreement
and guidelines adopted by the com-
mittee.
b. To provide periodic written reports
to the committee, the public works
administrator, the county adminis-
trator and the board of county com-
missioners on the activities of the
trust fund and its financial status
accordance with established guide-
lines of the board of county commis-
sioners or the committee.
C. To prepare the annual budget in
accordance with subsection b. of this
subsection.
d. To attend all committee meetings.
(9) Review process. This committee shall be
reviewed once every four years commenc-
ing with 1991, in accordance with the
procedures contained in chapter 2, article
VIII, division 2 of this Code.
(c) The advisory committee shall annually pre-
pare a district budget and estimate the funds,
their purpose and the ad valorem taxes necessary
to carry the provisions of this article for the
following fiscal year as prescribed by F.S. ch. 129.
(d) Upon adoption of the district budget by the
board it shall cause the budget to be recorded in
the board minutes and shall cause to be levied on
all property within the district a millage suffi-
cient to fund the budget not exceeding 0.9 mill in
any one year to be assessed and collected as
though county taxes.
(e) The treasurer of the board shall:
(1) Issue all warrants for services, equipment
materials and other expenses incurred by
the district and approved for payment by
the governing board.
(2) On or before the end of each fiscal year
prepare an annual report to the receipts
and expenditures of the district to the
governing board as required by F.S.
§ 218.20.
(Ord. No. 75-4, § 1(2); Ord. No. 87-48, §§ 1-9;
Ord. No. 87-98, § 1; Ord. No. 94-40, §§ 1, 2,
8-16-94)
Cross reference —Boards, commissions, committees and
authorities, § 2-816 et seq.
State law reference —Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
Sec. 122-203. Governing board; powers and
duties.
(a) The governing board of the district shall be
the Board of County Commissioners of Collier
County, Florida with the power and duty to con-
duct the affairs of the district with the powers
prescribed by F.S. § 125.01(1)(q) including, but
not limited to, the power to equip, operate and
maintain facilities and equipment within the dis-
trict; to buy, lease, sell, exchange, or otherwise
acquire, hold and dispose of equipment and other
personal or real property and to employ and
discharge employees; to promulgate rules and
regulations to administer the district and to pro-
tect persons and property within the district.
(b) The board shall appoint a committee to be
known as the Golden Gate Community Center
Advisory Board, which shall consist of three to
Supp. No. 25 CD122:54
SPECIAL DISTRICTS § 122-227
five electors residing within the district to serve
staggered terms of three years each to hold meet-
ings at such times and places as it shall deter-
mine for the purposes of advising the board re-
garding the affairs of the district. This board shall
serve at the pleasure of the Board of County
Commissioners and shall abide by Collier County
Ordinance No. 2001-55, as amended, Collier
County's General Advisory Board Ordinance.
(c) The advisory board shall annually prepare
a district budget and estimate the funds, their
purpose and the ad valorem taxes necessary to
carry out the provisions of this section for the
following fiscal year as prescribed by F.S. ch. 129.
(d) Upon adoption of the district budget by the
board, it shall cause the budget to be recorded in
the board minutes and shall cause to be levied on
all property within the district millage sufficient
to fund the budget not exceeding nine -tenths of
one mill in any one year to be assessed and
collected as though county taxes.
(e) The treasurer of the board shall:
(1) Issue all warrants for the services, equip-
ment materials and other expenses in-
curred by the district and approved for
payment by the governing board.
(2) On or before the end of each fiscal year,
prepare an annual report of the receipts
and expenditures of the district to the
governing board as required by F.S.
§ 218.20 et seq.
(Ord. No. 08-27, § 1)
Secs. 122-204-122-225. Reserved.
ARTICLE VIII. OCHOPEE FIRE CONTROL
DISTRICT
Sec. 122-226. Creation.
(a) The Ochopee Fire District is hereby cre-
ated. It is hereby declared to be the intent of this
article to confirm creation of this district as a
municipal service taxing unit pursuant to F.S.
§ 125.01(1)(q).
(b) The district boundaries shall include:
All of Township 50 South, Range 34 East;
Township 51 South, Range 34 East; Township
52 South, Range 34 East; Township 53 South,
Range 34 East; Township 50 South, Range 33
East; Township 51 South, Range 33 East; Town-
ship 52 South, Range 33 East; Township 53
South, Range 33 East; Township 50 South,
Range 32 East; Township 51 South, Range 32
East; Township 52 South, Range 32 East; Town-
ship 53 South, Range 32 East; Township 50
South, Range 31 East; Township 51 South,
Range 31 East; Township 52 South, Range 31
East; Township 53 South, Range 31 East; Town-
ship 50 South, Range 30 East; Township 51
South, Range 30 East; Township 52 South,
Range 30 East; Sections 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12 and that portion of Chokoloskee
Island contained in Sections 30 and 31, Town-
ship 53 South, Range 30 East; Sections 1, 2, 11,
12, 13, 14, 23, 24, 25, 26, 35 and 36, Township
50 South, Range 29 East; Sections 1, 2, 11, 12,
13, 14, 23, 24, 25, 26, 35 and 36, Township 51
South, Range 29 East; Sections 1, 2, 11, 12, 13,
14, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 35
and 36, Township 52 South, Range 29 East;
Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26 and
36, Township 53 South, Range 29 East; includ-
ing the incorporated area of the City of Ever-
glades being more particularly described as the
Town of Everglades as described in Plat Book 1,
pages 87-95 of the Public Records of Collier
County, Florida; and including Sections 3, 4, 5,
6, 8, 9, 10, 11, 13, 14 and 24, Township 52
South, Range 28 East; Sections 35 and 36 and
all that area south and east of State Road 92
within Section 34, Township 51 South, Range
27 East; Section 1, Township 52 South, Range
27 East.
(Ord. No. 75-6, § 1(1); Ord. No. 78-3, § 1; Ord. No.
92-100, § 1)
State law reference -Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-227. Governing board, powers and
duties.
(a) The governing board shall be the Board of
County Commissioners. The business affairs of
the district shall be administered and conducted
Stipp. No, 37 CD122:55
'V'i22-227
COLLIER COUNTY CODE
by the board. It shall have the authority as
prescribed in F.S. § 125.01(1)(q), including the
authority to establish, equip, operate and main-
tain a fire department, ambulance service and
rescue service within the district. The board shall
buy, lease, sell, exchange or otherwise acquire and
dispose of firefighting equipment and other prop-
erty, real, personal or mixed, that it may from
time to time deem necessary to prevent and
extinguish fire or provide ambulance and rescue
services within the district. This shall include,
but is not limited to, the authority to provide
water, water supply, water stations and other
necessary buildings; accept gifts or donations of
equipment or money for the use of the district;
and to do all things necessary to provide for an
adequate water supply, for prevention and proper
fire protection for the district. The board shall
have the authority to extend its services outside
the district under a mutual aid agreement with
another district or to residents not receiving fire,
ambulance or rescue services from another source.
The board shall have the power to hire and fire
�,essary personnel, to investigate for fire and
fety hazards and to promulgate rules and reg-
ulations for the prevention of fire and for fire
control in the district.
(b) The board shall appoint a committee of
from three to five electors residing within the
district to serve staggered terms of two years each
to hold meetings at such time and places as it
shall determine for the purpose of advising the
board regarding the affairs of the district. At least
one of the committee members who lives within
the city limits of Everglades City shall represent
the city's interest in the affairs of the district.
Such representative shall be named by the mayor
and approved by City Council of the City of
Everglades and be confirmed by the Board of
County Commissioners, as governing body.
(c) The advisory committee shall annually pre-
pare a tentative district budget and estimate the
funds, their purpose and the ad valorem taxes
necessary to carry out the provisions of this
article for the following fiscal year as prescribed
by F.S. ch. 129.
(d) Upon adoption of the district budget by the
board it shall cause the budget to be recorded in
e board minutes and shall cause to be levied on
all property within the district a millage suffi-
cient to fund the budget not exceeding four mills
in any one year to be assessed and collected as
though county taxes.
(e) The Board of County Commissioners shall:
(1) Cause to be issued all warrants for ser-
vice, equipment, materials and other ex-
penses incurred by the district.
(2) On or before the end of each fiscal year
prepare an annual report of the receipts
and expenditures of the district to the
governing board as required by F.S.
§ 218.20 et seq.
(Ord. No. 75-6, § 1(2); Ord. No. 78-3, § 1; Ord. No.
81-41, § 1; Ord. No. 82-76, § 1; Ord. No. 87-70, § 1;
Ord. No. 92-100, § 1)
State law reference —Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
Sec. 122-228. Prerequisite to tax levy.
Prior to the levy of any taxes by the Ochopee
Fire District on the properties located within the
incorporated area of the City of Everglades, the
City of Everglades must have adopted an ordi-
nance, pursuant to the provisions of F.S. ch. 125.
The ordinance shall set forth the number of years
that the Ochopee Fire District may include the
area within the corporate limits of the City of
Everglades, the type of services to be provided by
the Ochopee Fire District, and all other provisions
as required by law.
(Ord. No. 75-6, § 2; Ord. No. 92-100, § 2)
Sec. 122-229. Advisory board.
(a) Confirmed. The creation and establish-
ment of the Ochopee Fire District Advisory Board
is hereby confirmed and ratified.
Supp. No. 37 CD122:56
(b) Appointment and Composition.
(1) The Board shall be composed of five mem-
bers. As a general guideline, membership
shall consist of one (1) member from each
of the following areas:
a. Everglades City - recommended by
the Mayor.
b. Plantation Island.
C. Chokoloskee.
`'' SPECIAL DISTRICTS § 122-229
d. Lee Cypress.
e. Ochopee.
(2) Notwithstanding subsection (1) above, the
Board of County Commissioners may ap-
point as a member any permanent resi-
dent of the District.
(3) Members of the Board shall be appointed
by and serve at the pleasure of the Board
of County Commissioners. Said members
shall be permanent residents within the
District, except for the member appointed
from Everglades City, and all shall be
electors of the County.
(4) Appointment of members to the Board
shall be by resolution of the Board of
County Commissioners, which resolution
shall set forth the date of appointment
and the term of office.
(c) Terms of office. The initial terms of office of
the advisory board shall be as follows:
(1) Three members will serve until December
31, 1989.
(2) Two members will serve until December
31, 1990.
Thereafter, each appointment or reappoint-
ment shall be for a term of two years. A
member of the advisory board may be reap-
pointed by the Board of County Commissioners
for one successive term. However, other quali-
fied applicants may be considered for any va-
cancy. Appointments to fill any vacancies on
the board shall be for the remainder of the
unexpired term of office.
(d) Removal from office; failure to attend meet-
ings.
(1) Any member of the advisory board may be
removed from office, with or without cause,
by a majority vote of the Board of County
Commissioners.
(2) If any member of the advisory board fails
to attend two consecutive board meetings
without a satisfactory excuse or if a mem-
ber is absent from more than one-half of
the board's meetings in a given fiscal year,
the board shall declare the member's seat
Supp. No. 37
to be vacant and the vacancy shall be
filled by the Board of County Commission-
ers.
(e) Officers; quorum; rules of procedure.
(1) Annually the membership of the advisory
board shall elect a chairman and vice-
chairman from among the members. Offi-
cers' terms shall be for one year, with
eligibility for reelection.
(2) The presence of three or more members
shall constitute a quorum of the advisory
board necessary to take action and trans-
act business. In addition, an affirmative
vote of three or more members shall be
necessary in order to take official action,
regardless of whether three or more mem-
bers of the board are present at the meet-
ing.
(3) The advisory board shall, by majority vote
of the entire membership, adopt rules of
procedures for the transaction of business
and shall keep a written record of meet-
ings, resolutions, findings and determina-
tions. Copies of all board minutes, resolu-
tions, reports, and exhibits shall be
submitted to the Board of County Com-
missioners.
(f) Reimbursement of expenses. Members of the
advisory board shall serve without compensation,
but shall be entitled to receive reimbursement for
expenses reasonably incurred in the performance
of their duties upon prior approval of the Board of
County Commissioners.
(g) Functions, powers and duties. The func-
tions, powers and duties of the advisory board
shall be as follows:
CD122:57
(1) To provide input and review major depart-
ment regulating documents.
(2) To review and participate in the short/
long term training programs.
(3) To participate in the goal setting process.
(4) To review and provide input for depart-
mental programs or activities as deter-
mined by the emergency services admin-
istrator.
-r 22-229
(5)
(6)
(7)
COLLIER COUNTY CODE
To coordinate and represent the fire de-
partment with community groups at fund
raising activities.
To prepare and recommend to the Board
of County Commissioners an itemized bud-
get of the amount of money required to
carry out the business of the Ochopee Fire
District for the next fiscal year. In carry-
ing out this responsibility, the board shall,
no later than April 1 of each year, meet
with the county emergency services ad-
ministrator or his designee and outline to
the administrator those projects which
the board wishes to accomplish during the
next fiscal year. Based upon this informa-
tion the administrator or his designee
shall prepare a proposed budget for the
district, in accordance with standard county
guidelines regarding the preparation of
budgets. This proposed budget shall then
be reviewed by the board and upon ap-
proval by the board be transmitted through
the emergency services administrator to
the Board of County Commissioners for
adoption in accordance with the proce-
dures for the adoption of budgets set forth
under general law and the Board of County
Commissioners' policy. Should the board
fail to approve a budget by June 1 of each
year, the county administrator shall be
authorized to submit a proposed budget to
the Board of County Commissioners.
To adopt and amend guidelines to govern
their operation and the operation of the
district, subject to approval by the Board
of County Commissioners.
(h) Duties of emergency services administrator.
The duties of the emergency services administra-
tor, or his designee, shall be:
(1) To administer the activities of the district
in accordance with established policies of
the Board of County Commissioners and
guidelines adopted by the board.
(3) To provide periodic written reports to the
board, the county administrator and the
Board of County Commissioners on the
activities of the district and its finances in
accordance with established guidelines of
the Board of County Commissioners or
the board.
(4) To attend all board meetings.
(i) Review process. The advisory board shall be
reviewed once every four years commencing in
1990, in accordance with the procedures con-
tained in chapter 2, article VIII, division 2 of this
Code.
(Ord. No. 89-98, §§ 1-9; Ord. No. 2011-06, § 1)
Cross reference Boards, commissions, committees and
authorities, § 2-816 et seq.
Sec. 122-230. Construction of article.
This article shall be liberally construed to
effectuate its public purpose.
(Ord. No. 75-6, § 2(1))
Secs. 122-231-122-250. Reserved.
ARTICLE IX. GOLDEN GATE LIGHTING
DISTRICT EXTENSION
Sec. 122-251. District created; boundaries de-
fined; millage limitation.
(a) Under the authority of F.S. § 125.01(1)(q)
there is hereby created the Golden Gate Lighting
District Extension within the area described as
follows:
That area of land located in Collier County,
Florida, described as follows:
(2) To prepare the annual budget in accor-
dance with subsection (g)(6) of this sec-
tion.
Y
Supp. No. 37 CD122:58
Block 81, Lots 21 and 22; Block 82, Lots
19 and 20; Block 97, Lots 21 through 40
inclusive; Block 99, Lots 13 and 14; Block
102, Lots 12 through 23 inclusive; Block
106, Lot 11; all being in Golden Gate Unit
3 as recorded in Plat Book 5, pages 97
through 105 inclusive, Public Records of
Collier County, Florida.
Block 270, Lot 16; Block 271, Lot 1; Block
279, Lots 1 through 10 inclusive; Block
277, Lots 14 through 28 inclusive; Block
278, Lots 1 through 37 inclusive; all being
SPECIAL DISTRICTS § 122-279
in Golden Gate Unit 8, Part 1 as recorded
in Plat Book 5, pages 147 through 151
inclusive, Public Records of Collier County,
Florida.
Block 280, Lots 1 through 15 inclusive;
Block 281, Lots 1 through 27 inclusive; all
being in Golden Gate Unit 8, Part 2 as
recorded in Plat Book 9, pages 107-A
through 112 inclusive, Public Records of
Collier County, Florida. All said lots being
contiguous to 44th Street S.W., 29th Place
S.W. and 41st Street S.W.
(b) Ad valorem taxes within the proposed dis-
trict shall be levied, assessed and collected at a
uniform rate not in excess of one mill.
(Ord. No. 75-8, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-252. Construction of article provi-
sions.
This article shall be liberally construed to
effectuate its public purpose.
(Ord. No. 75-8, § 2(1))
Secs. 122-253-122-275. Reserved.
ARTICLE X. VANDERBILT BEACH
BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT*
Sec. 122-276. Authority.
This article is adopted pursuant to the provi-
sions of F.S. chs. 125, 165 and 200, and other
applicable provisions of law.
(Ord. No. 01-43, § 1, 7-31-01)
Sec. 122-277. Creation of the municipal ser-
vice taxing unit.
There is hereby created and established the
Vanderbilt Beach Beautification Municipal Ser-
vice Taxing Unit, hereinafter referred to as
*Editor's note Ord. No. 01-43, §§ 1-11, adopted July
31, 2001, did not specifically amend this Code. Hence inclusion
of said ordinance provisions as §§ 122-276-122-286 was at
the discretion of the editor to read as herein set out. See the
Code Comparative Table.
Supp. No. 37
"MSTU". The boundaries of the MSTU are as
described on the attached Exhibit "A"* that is
incorporated herein by reference.
(Ord. No. 01-43, § 2, 7-31-01)
Editor's note—* Exhibit "A" is not included herein but is
available for public inspection in county offices.
Sec. 122-278. 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 MSTU; (2)
Providing traffic calming improvements, street
lighting, and sidewalks within the MSTU; (3)
Beautification and maintenance of other public
areas within the MSTU as determined by the
Advisory Committee; and (4) Providing for the
Burial of Power Lines within the MSTU, includ-
ing 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, as well as, connecting
service and/or disconnecting service to the exter-
nal portions of the residences required as part of
converting overhead utility distribution facilities
to underground service. The governing body of the
MSTU shall be the Board of County Commission-
ers of Collier County, Florida.
(Ord. No. 01-43, § 4, 7-31-01; Ord. No. 2009-18,
§ 1; Ord, No. 2009-70, § 1)
Sec. 122-279. Funding and levy of taxes.
For the purpose of implementing this article,
the Board of County Commissioners shall annu-
ally, 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 follow-
ing. 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 of
County Commissioners shall fix and cause to be
CD122:59
"I-T,22-279
COLLIER COUNTY CODE
levied on all properties within the MSTU, subject
to taxation, a millage rate not to exceed 0.5 mils
per year.
(Ord. No. 01-43, § 4, 7-31-01)
Sec. 122-280. Tax assessment and collection.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 01-43, § 5, 7-31-01)
Sec. 122-281. Creation of the Vanderbilt
Beach Beautification Advisory
Committee; appointment and
composition.
(a) There is hereby created and established
the Vanderbilt Beach Beautification Advisory Com-
mittee, hereinafter referred to as the "committee".
(b) The committee shall consist of five mem-
rs that generally represent the area within the
�TU. Members of the committee shall be ap-
pointed by and serve at the pleasure of the Board
of County Commissioners. Said members shall be
permanent residents within the MSTU and elec-
tors of the county. The Board of County Commis-
sioners shall consider appointment of members
from different subdivisions or communities within
the MSTU.
(c) Appointment of members to the committee
shall be by resolution of the Board of County
Commissioners, which resolution shall set forth
the date of appointment and the term of office.
(d) Members of the committee shall serve with-
out compensation, but shall be entitled to receive
reimbursement for expenses reasonably incurred
in the performance of their duties upon prior
approval of the Board of County Commissioners.
(Ord. No. 01-43, § 6, 7-31-01)
Sec. 122-282. Terms of office of the advisory
committee.
The initial terms of office of the committee
shall be as follows:
(1) Two members shall be appointed for a
term of two years.
(2) Two members shall be appointed for a
term of three years.
(3) One member shall be appointed for a term
of four years.
Thereafter, each appointment or reappoint-
ment shall be for a term of four years.
Appointments to fill any vacancies on the com-
mittee shall be for the remainder of the unexpired
term of office.
(Ord. No. 01-43, § 7, 7-31-01)
Sec. 122-283. Officers of the advisory com-
mittee; quorum; rules of proce-
dure.
(a) At its earliest opportunity, the membership
of the committee shall elect a chairman and vice
chairman from among the members. Officer's
terms shall be for one year, with eligibility for
re-election.
(b) The presence of three or more members
shall constitute a quorum of the committee nec-
essary to take action and transact business.
(c) The committee shall, by majority vote of
the entire membership, adopt rules of procedure
for the transaction of business and shall keep a
written record of meetings, resolutions, findings
and determinations. Copies of all committee min-
utes, resolutions, reports, and exhibits shall be
submitted to the Board of County Commissioners.
(d) Committee member attendance require-
ments, including failure to attend meetings and
member removal from office are governed by
Ordinance No. 01-455 as amended, or by its
successor ordinance.
(Ord. No. 01-43, § 8, 7-31-01)
Sec. 122-284. Functions, powers and duties
of the advisory committee.
The functions, powers and duties of the com-
mittee shall be as follows:
Supp. No. 37 CD122:60
(1) To aid and assist the Board of County
Commissioners in carrying out the pur-
poses of the MSTU as set forth in this
article.
SPECIAL DISTRICTS § 122-287
(2) To prepare and recommend to the Board
of County Commissioners an itemized bud-
get of the amount of money required to
carry out the business of the MSTU for
the next fiscal year. In carrying out this
responsibility, the committee shall, no later
than April 1 of each year, meet with the
county manager or his designee and out-
line to the county manager or his designee
those projects which the committee wishes
to see accomplished during the next fiscal
year. Based upon this information, the
county manager or his designee shall pre-
pare a proposed budget for the MSTU, in
accordance with standard county guide-
lines regarding the preparation of bud-
gets. This proposed budget shall then be
reviewed by the committee and, upon ap-
proval by the committee, be transmitted
through the county manager or his desig-
nee to the Board of County Commission-
ers for adoption in accordance with proce-
dures for the adoption of budgets set forth
under general law and the Board of County
Commissioners' policy. Should the commit-
tee fail to approve a budget by June 1 of
each year, the county manager or his
designee shall be authorized to submit a
proposed budget to the Board of County
Commissioners.
(3) The committee shall recommend work pro-
grams and priorities to the county man-
ager or his designee in accordance with
the adopted budget or budget amend-
ments that may be adopted by the Board
of County Commissioners. The execution
of work programs shall be under the di-
rect supervision and responsibility of the
county manager or his designee. Said work
may be performed under contract (in ac-
cordance with law) or by county forces.
Sec. 122-285. Duties of the county manager
or his designee.
The duties of the county manager or his desig-
nee shall be:
(1) To administer the activities of the MSTU
in accordance with established policies of
the Board of County Commissioners and
guidelines adopted by the committee.
(2) To prepare the annual budget in accor-
dance with section 122-284, paragraph
(2), above.
(3) To provide periodic written reports to the
committee, and the Board of County Com-
missioners of the activities of the MSTU
and its finances in accordance with estab-
lished guidelines of the Board of County
Commissioners and/or the committee.
(4) Attend all committee meetings.
(Ord. No. 01-43, § 10, 7-31-01)
Sec. 122-286. Review process.
This advisory committee shall be reviewed once
every four years commencing 2004, in accordance
with the procedures contained in Collier County
Ordinance No. 01-55, as amended, or its successor
ordinances.
(Ord. No. 01-43, § 11, 7-31-01)
Sec. 122-287. Conversion of overhead util-
ity distribution facilities to un-
derground service.
(a) The conversion of overhead utility distribu-
tion facilities to underground service is intended
to provide aesthetic benefits, enhancing both the
property values and quality of life of the residents
of the MSTU, and would reduce instances of
power outages resulting from overhead power
lines from both natural and man-made occur-
rences thereby promoting the health, safety, and
welfare of those residents.
(4) The committee may adopt and amend (b) The MSTU shall notify each property owner
"guidelines" to govern its operation and that the existing overhead utility distribution
the operation of the MSTU, subject to service will be disconnected for conversion to
approval by the Board of County Commis- underground facilities at least sixty (60) days
sioners. (hereinafter referred to as the "notice") prior to a
(Ord. No. 01-43, § 9, 7-31-01) specified date(s) certain of the actual under-
Supp. No. 37 CD122:61
'-r122.287
COLLIER COUNTY CODE
ground conversion. The notice shall be served by
certified mail, addressed to the owner or owners
of the property described as their names and
addresses are shown upon the records of the
county tax assessor, or other such public records
filed in Collier County, Florida, and shall be
deemed complete and sufficient when so ad-
dressed and deposited in the United States mail.
In the event such notice is returned by postal
authorities, a copy of the notice is to be served by
a law enforcement officer, or other lawfully autho-
rized process server, upon the occupant of the
land or any agent of the owner thereof. In the
event that personal service upon the occupant of
the land or upon any agent of the owner thereof
cannot be performed after reasonable search by a
law enforcement officer or other lawfully autho-
rized process server, the notice shall be served by
physical posting on said property.
(c) Within sixty (60) days from the date of the
MSTU's notice that overhead utility distribution
ilities are ready to be converted to under-
` Jund distribution facilities, owners and occu-
pants of property within the MSTU shall allow
access to their premises and cooperate with the
contractor retained for the project so that the
conversion of the overhead facilities underground
can be accomplished.
(d) Whenever overhead utility distribution fa-
cilities are converted underground, such facilities
shall remain underground and may not thereafter
be converted to overhead facilities, except with
the prior approval of the governing body, and only
in instances necessary to promote the health,
safety and welfare of the MSTU residents.
(e) This section may be enforced by all avail-
able means authorized by law. The MSTU, through
its governing body, shall take any and all steps
necessary to ensure the health, safety and welfare
of all residents within the MSTU during the
underground conversion of utilities.
(Ord. No. 2009-70, § 2)
,cs. 122-288-122-300. Reserved.
ARTICLE XI. VICTORIA PARK ONE
MUNICIPAL SERVICE TAXING UNIT
Sec. 122-301. Creation.
The Victoria Park One Municipal Service Tax-
ing Unit is hereby created, with boundaries de-
scribed as follows:
Victoria Park One, as recorded in Plat Book 11,
pages 7 and 8 of the Public Records of Collier
County.
(Ord. No. 75-52, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-302. Purpose; authority to levy
taxes.
The taxing unit hereby created and established
is for the purpose of maintaining drainage and
water control facilities and equipment. Said tax-
ing unit shall have the authority to levy ad
valorem taxes as prescribed by law.
(Ord. No. 75-52, § 1)
Sec. 122-303. Governing board; powers and
duties.
The governing body of the taxing unit shall be
the Board of County Commissioners, with the
power and duty to conduct the affairs of the
taxing unit as prescribed by Florida Statutes.
(Ord. No. 75-52, § 2)
State law reference —Board of county commission-
ers to be governing body of unit, F.S. § 125.01(2).
Secs. 122-304-122-325. Reserved.
ARTICLE XII. COASTAL WATER
MANAGEMENT MUNICIPAL SERVICES
TAXING DISTRICT
Sec. 122-326. Creation.
The Coastal Water Management Municipal Ser-
vices Taxing District is hereby created, with bound-
aries described as follows:
Supp. No. 37 CD122:62
Beginning at the intersection of the easterly
shoreline of the Gulf of Mexico and the north
line of Section 6, Township 48 South, Range 25
East, Tallahassee Meridian, Collier County,
SPECIAL DISTRICTS § 122-350
Florida as the point of beginning; thence along
the north line of Sections 6 and 5, Township
48 South, Range 25 East to the northeast
corner of Section 5, Township 48 South, Range
25 East; thence south along the east section
line of Section 5, Township 48 South, Range
25 East to the Collier -Lee County line; thence
east along the Collier -Lee County line and the
north line of Sections 9, 10, 11, 12, Township
48 South, Range 25 East; thence east along
the north line of Sections 7 and 8 to the
northeast corner of Section 8, Township 48
South, Range 26 East; thence south along the
east section line of Sections 8, 17 and 20,
Township 48 South, Range 26 East to the
southeast corner of Section 20; thence east
along the north line Sections 28, 27 and 26,
Township 48 South, Range 26 East to the
northeast corner of Section 26, Township 48
South, Range 36 East; thence south along the
east section line of Sections 26 and 35, Town-
ship 48 South, Range 26 East; thence south
along the east section lines of Sections 2, 11,
14, 23, 26 and 35, Township 49 South; Range
26 East to the southeast corner of Section 35;
thence south along the east section lines of
Sections 2, 11, 14, 23, 26 and 35, Township 50
South, Range 26 East to the southeast corner
of Section 35; thence south along the east
section line of Section 2, Township 51 South,
Range 26 East to the southeast corner of
Section 2; thence east along the north section
line of Section 12, Township 51 South, Range
26 East to the northeast corner of Section 12;
thence east along the north section line of
Sections 7 and 8, Township 51 South, Range
27 East to the northeast corner of Section 8;
thence south along the east section line of
Section 8, Township 51 South, Range 27 East
to the southeast corner of Section 8; thence
east along the south section line of Section 9,
Township 51 South, Range 27 East to the
southeast corner of Section 9; thence south
along the east section line of Section 16,
Township 51 South, Range 27 East to the
southeast corner of Section 16; thence east
along the south section line of Section 15,
Township 51 South, Range 27 East to the
southeast corner of Section 15;thence south
along the east section line of Sections 22 and
27, Township 51 South, Range 27 East to the
southeast corner of Section 27; thence west
along the south section line of Section 27 to
the point where the south section line intersects
with State Road 92; thence along the
southeasterly right-of-way line of State Road
92 to the Marco River, thence southeasterly
along the Marco River and Goodland Bay;
thence in a southwesterly direction to Blue
Hill Creek; thence along Blue Hill Creek to
Barfield Bay; thence along Barfield Bay to
Caxambas Pass; thence along Caxambas Pass
to the easterly waters of the Gulf of Mexico;
thence north along the easterly waters of the
Gulf of Mexico to the point of beginning, less
and except any lands herein described lying in
the corporate limits of the City of Naples,
Collier County, Florida.
(Ord. No. 75-56, § 1)
State law reference -Authority to create municipal
service taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-327. Purposes; taxing authority.
(a) The taxing unit hereby created and
established is for the purpose of providing any or
all of those municipal services specifically enumer-
ated or necessarily implied by F.S. § 125.01(1)(q).
(b) To carry out the purpose of this article,
said taxing unit shall have the authority to levy
ad valorem taxes and to exercise those powers as
enumerated and implied by general law.
(Ord. No. 75-56, § 1)
Sec. 122-328. Governing board; powers and
duties.
The governing board of the taxing district
shall be the Board of County Commissioners,
with the power and duty to conduct the affairs of
the taxing district as prescribed by Florida
Statutes.
(Ord. No. 75-56, § 2)
State law reference -Board of County Commissioners
to be governing body of unit, F.S. § 125.01(2).
Secs. 122-329-122-350. Reserved.
�� Supp. No. 81 CD122:63
§ 122-351
COLLIER COUNTY CODE
ARTICLE XIII. NORTH NAPLES
MUNICIPAL SERVICES TAXING
DISTRICT
Sec. 122-351. Creation, purpose, authority.
(a) The North Naples Municipal Services
Taxing District is hereby created, with boundar-
ies described as those same boundaries as
comprise the North Naples Fire Control District
as created by Laws of Fla. ch. 61-2032 [see ch.
262, art. XIII] and as said boundaries have been
subsequently amended by statute.
(b) The taxing unit hereby created and
established is for the purpose of providing fire
protection as provided by F.S. § 125.01(1)(q).
(c) To carry out the purpose of this article,
said taxing unit shall have the authority to levy
ad valorem taxes and to exercise those powers as
enumerated and implied by general law.
(Ord. No. 76-37, § 1)
State law reference —Authority to create municipal
service taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-352. Governing board, powers and
I- duties.
The governing board of the taxing district
shall be the Board of County Commissioners,
with the power and duty to conduct the affairs of
the taxing district as prescribed by Florida
Statutes.
(Ord. No. 76-37, § 2)
State law reference —Board of County Commissioners
to be governing body of unit, F.S. § 125.01(2).
Secs. 122-353-122-375. Reserved.
ARTICLE XIV. VANDERBILT WATERWAY
MUNICIPAL SERVICE TAXING UNIT*
Sec. 122-376. Authority.
This Ordinance is adopted pursuant to the
provisions of F.S. § 125.01, and other applicable
provisions of law.
(Ord. No. 2018-64, § 1)
Sec. 122-377. Creation of the municipal
service taxing unit.
There is hereby created and established the
Vanderbilt Waterway Municipal Service Taxing
Unit, hereinafter referred to as the "MSTU." The
property subject to the MSTU shall be all proper-
ties within the boundaries as described on the
attached Exhibit "A" (attached to Ord. No. 2018-64
and on file).
(Ord. No. 2018-64, § 2)
Sec. 122-378. Purpose and governing body.
The MSTU is created for short-term dredging
of Vanderbilt Waterway to allow for boat access
and to create a funding mechanism for the
long-term maintenance of the Vanderbilt
Waterway between the Bluebill Bridge and the
Cocohatchee River within the MSTU boundaries
as described on Exhibit "A."
The governing body of the MSTU shall be the
Board of County Commissioners of Collier County,
Florida.
(Ord. No. 2018-64, § 3)
Sec. 122-379. 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,
the following September 30. The estimate shall
*Editor's note —Formerly art. XIV was entitled "Radio
Road, East of Santa Barbara Boulevard to the Intersection of
Radio Road and Davis Boulevard MSTU," which was repealed
by Ord. No. 2017-41, § 1, adopted Oct. 24, 2017. See Code
Comparative Table for full derivative history.
Supp. No. 81 CD122:64
SPECIAL DISTRICTS
describe the purpose for which the monies 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 of County Commis-
sioners shall fix and cause to be levied a millage
rate not to exceed one-half (1/2) mil on all proper-
ties subject to taxation within the MSTU.
(Ord. No. 2018-64, § 4)
Sec. 122-380. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed
and collected in the same manner and form as
provided for the assessment and collection of
general County taxes and subject to the same
fees for assessing and collecting as general County
taxes.
(Ord. No. 2018-64, § 5)
Sec. 122-381. Creation of the Vanderbilt
Waterway Municipal Service
Taxing Unit Advisory Commit-
tee, appointment and composi-
tion.
A. There is hereby created and established
the Vanderbilt Waterway Municipal Service
Taxing Unit Advisory Committee, hereinafter
referred to as the "Committee."
B. The Committee shall consist of five (5)
members which generally represent the area
within the MSTU. Members of the Committee
shall be appointed by and serve at the pleasure
of the Board of County Commissioners. Members
shall be permanent residents within the MSTU
and electors of Collier County.
C. Appointment of the members to the Com-
mittee shall be by resolution of the Board of
County Commissioners, which resolution shall
set forth the date of appointment and the term of
office.
D. Members of the Committee shall serve
without compensation but shall be entitled to
receive reimbursement for expenses reasonably
§ 122-383
incurred in the performance of their duties upon
prior approval of the Board of County Commis-
sioners.
(Ord. No. 2018-64, § 6)
Sec. 122-382. Terms of office of the commit-
tee.
The initial terms of office of the Committee
shall be as follows:
A. Two (2) members shall be appointed for a
term of two (2) years.
B. Three (3) members shall be appointed for
a term of four (4) years.
Thereafter, each appointment or reappoint-
ment shall be for a term of four (4) years.
Appointments to fill any vacancies on the Com-
mittee shall be for the remainder of the unexpired
term of office.
(Ord. No. 2018-64, § 7)
Sec. 122-383. Officers of the committee,
quorum and rules of
procedure.
At its earliest opportunity, the membership
shall elect a Chair and Vice -Chair. Officers'
terms shall be for one (1) year, with eligibility for
re-election. The presence of three (3) or more
members shall constitute a quorum. The Com-
mittee may form sub -committees as it deems fit.
All meetings of the Committee and any sub-
committee shall be open to the public, with
reasonable notice of such meetings given; shall
be held within Collier County; and shall follow
Robert's Rules of Order for the transaction of
business, with minutes of the meetings taken
and promptly recorded with the Clerk. The
County Manager shall appoint a staff liaison to
the Committee, who shall be responsible for the
administration of the Committee. The members
of the Committee shall serve without compensa-
tion, but may be reimbursed for travel, mileage,
and/or per diem expenses if approved in advance
by the Board. Committee members attendance
requirements, including failure to attend meet-
ings and member removal from office are governed
by Ordinance No. 2001-55, as it may be amended
or by its successor ordinance.
(Ord. No. 2018-64, § 8)
Supp. No. 81 CD122:65
§ 122-384 COLLIER COUNTY CODE
Sec. 122-384. Functions, powers and duties
D. The Committee may adopt and amend
of the committee.
"Guidelines" to govern its operation and
the operation of the MSTU, subject to
The functions, powers and duties of the Com-
approval by the Board of County Com-
mittee shall be as follows:
missioners.
(Ord. No. 2018-64, § 9)
A. To aid and assist the Board of County
Commissioners in carrying out the MSTU
Sec. 122-385. Duties of the County Manager
as set forth in this Ordinance.
or designee.
B. To prepare and recommend to the Board
The duties of the County Manager or designee
of County Commissioners an itemized
are as follows:
budget of the amount of money required
to carry out the business of the MSTU for
A. To aid and assist the Board and Commit -
the next fiscal year. In carrying out this
tee in carrying out the purposes of the
responsibility, the Committee shall, no
MSTU in accordance with established
later than April 1st of each year, meet
practices and policies of the Board of
with the County Manager or his designee
County Commissioners and as set forth
and outline to the County Manager or his
in this Ordinance;
designees those projects which the Com-
B. To prepare and recommend an itemized
mittee wishes to see accomplished during
annual budget of the amount of money
the next fiscal year. Based upon this
required to carry out the business of the
information, the County Manager or his
MSTU for the next fiscal year in
designee shall prepare a proposed budget
accordance with this Ordinance;
for the MSTU, in accordance with standard
County guidelines regarding preparation
C. To provide periodic written reports to the
of budgets. This proposed budget shall
Committee and the Board of the activi-
then be reviewed by the Committee and
ties of the MSTU and its finances in
upon approval by the Committee be
accordance with established guidelines
transmitted through the County Manager
of the Board and/or the Committee; and
or his designee to the Board of County
Commissioners for adoption in accordance
D. Attend all Committee meetings.
with the procedures for the adoption of
(Ord. No. 2018-64, § 10)
budgets set forth under general law and
the Board of County Commissioners'
Secs. 122-386-122-400. Reserved.
policy. Should the Committee fail to
approve the budget by June 1st of each
year, the County Manager or his designee
ARTICLE XV. PINE AIR LAKES
shall be authorized to submit a proposed
COMMUNITY DEVELOPMENT DISTRICT*
budget to the Board of County Commis-
sioners.
Sec. 122-401. Authority for ordinance.
C. The Committee shall recommend work
This Ordinance is adopted pursuant to F.S.
programs and priorities to the County
§ 190.005(2), and other applicable provisions of
Manager or his designee in accordance
law governing county ordinances.
with the adopted budget or budget amend-
(Ord. No. 01-44, § 1, 7-31-01)
ment which may be adopted by the Board
of County Commissioners. The execution
*Editor's note —Ord. No. 2009-02, § 1, adopted Feb. 10,
Of work programs shall be under the
2009, repealed Art. XV, §§ 122-401, 122-402, which pertained
direct supervision and responsibility of
to District 2 Northwest Collier Municipal Services Taxing
Unit and derived from Ord. No. 76-62, §§ 1, 2; Ord. No.
the County Manager or his designee.
77-12, §§ 1, 2; and Ord. No. 81-82, §§ 1, 2.
Supp. No. 81 CD122:66
SPECIAL DISTRICTS
Sec. 122-402. Establishment of the Pine Air
Lakes Community Develop-
ment District.
The Pine Air Lakes Community Development
District (District) is hereby established within
the boundaries of the real property described in
Exhibit "A" (set out herein as section 122-406)
and incorporated by reference herein.
(Ord. No. 01-44, § 2, 7-31-01)
Sec. 122-403. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors of the District:
1. Janet Aronoff 3. Norman Ross
626 Gulfshore Boulevard 2525 Gulf of Mexico
South Drive
Naples, Florida 34102 Apartment 6-D
Long Boat Key, Florida
34228
2. Marcia Ross 4. Tom M. High
2525 Gulf of Mexico 2599 13th Street, North
Drive Naples, Florida 34103
Apartment 6-D
Long Boat Key, Florida
34228
5. Katherine R. English
1610 Fort Denaud Road
LaBelle, Florida 33935
P.O. Drawer 1507
Ft. Myers, Florida 33902
(Ord. No. 01-44, § 3, 7-31-01)
Sec. 122-404. District name.
The community development district herein
established shall henceforth be known as the
Pine Air Lakes Community Development District.
(Ord. No. 01-44, § 4, 7-31-01)
Sec. 122-405. Statutory provisions govern-
ing district.
The Pine Air Lakes Community Development
District shall be governed by the provisions of
F.S. ch. 190.
(Ord. No. 01-44, § 5, 7-31-01)
Sec. 122-406. Legal description.
§ 122-426
A parcel or tract of land lying in Section 11,
Township 49 South, Range 25 East, Collier County,
Florida, being described as follows:
Commencing at the Northeast corner of said
Section 11, run S 00°27'47" W along the East
line of said Section 11 a distance of 1318.86
feet; thence S 88°47'13" W 100.04 feet to the
POINT OF BEGINNING and the westerly
right-of-way line of County Road No. 31;
thence continue S 88°47'13" W 2654.06 feet;
thence S 01°05'27" E 1316.71 feet; thence S
01°05'18" E 1316.78 feet; thence N 88°51'31" E
1341.42 feet; thence N 00*18'58" W 329.45
feet; thence N 88°50'57" E 1245.82 feet to the
Westerly right-of-way line of County Road No.
31; thence N 00°27'18" E along said right-of-
way line 989.28 feet; thence N 00°27'40" E
along said right-of-way line 1318.80 feet to the
POINT OF BEGINNING:
Said parcel or tract containing 148.99 acres,
more or less.
Bearings based on a bearing of N 00°27'47" E
on the East line of the NE 1/2 of Section 11,
Township 49 South, Range 25 East, Collier
County, Florida.
This description meets the Minimum Techni-
cal Standards as set forth by the Florida
Board of Land Surveyors, pursuant to F.S. ch.
472.027.
(Ord. No. 01-44, exh. A, 7-31-01)
Secs. 122-407-122-425. Reserved.
ARTICLE XVI. FLOW WAY COMMUNITY
DEVELOPMENT DISTRICT*
Sec. 122-426. Findings of fact.
The foregoing Recitals are hereby adopted as
if fully set forth here as findings of facts which
are determined by the Board to be true and
correct.
(Ord. No. 02-09, § 1, 2-26-02)
*Editor's note —Ord. No. 98-47, adopted June 2, 1998,
repealed §§ 122-426 and 122-427 in their entirety. Formerly,
said sections pertained to District 1 MSTU. See the Code
Comparative Table.
Supp. No. 81 CD122:66.1
§ 122-427 COLLIER COUNTY CODE
Sec. 122-427. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 02-09, § 2, 2-26-02)
_ Supp. No. 81 CD122:66.2
�SPECIAL DISTRICTS § 122-453
Sec. 122-428. Establishment of the Flow
Way Community Develop-
ment District.
The Flow Way Community Development
District is hereby established within the boundar-
ies of the real property described in Exhibit "A"
attached to Ordinance No. 02-09 and incorporated
by reference herein.
(Ord. No. 02-09, § 3, 2-26-02; Ord. No. 2016-35,
§ 1(Exh. B); Ord. No. 2020-30, § 1(Exh. B))
Sec. 122-429. Designation of initial board
members.
The following five
persons are herewith
designated to be the
initial members of the
Board of Supervisors:
1. Christopher G.
3. Bruce Bowers
Claussen
1205 Pocantico Lane
2074 Sevilla Way
Naples, FL 34110
Naples, FL 34109
2. Jack Sterling
4. Mark Alderuccio
3221 64th Street, SW
5425 Park Central
Naples, FL 34105
Court
Naples, FL 34109
5. Thomas Barrett
132-204 Pebble Shores
Drive
Naples, FL 34110
(Ord. No. 02-09, § 4, 2-26-02)
Sec. 122-430. District name.
The community development district herein
established shall henceforth be known as the
"Flow Way Community Development District".
(Ord. No. 02-09, § 5, 2-26-02)
Sec. 122-431. Statutory provisions govern-
ing district.
The Flow Way Community Development
District shall be governed by the provisions of
F.S. ch. 190, and all other applicable general and
local law.
(Ord. No. 02-09, § 6, 2-26-02)
Sec. 122-432. Consent to special powers.
The Board specifically consents to the District's
exercise of certain additional special powers to
plan, establish, acquire, construct or reconstruct,
Supp. No. 92
enlarge or extend, equip, operate, and maintain
additional systems and facilities for: (i) parks
and facilities for indoor and outdoor recreational,
cultural, and educational uses; and (ii) security,
including, but not limited to, guardhouses, fences
and gates, electronic intrusion -detection systems,
and patrol cars, when authorized by proper
governmental agencies; except that the District
may not exercise any police power, but may
contract with the appropriate local general-
purpose government agencies for an increased
level of such services within the District boundar-
ies; all as authorized and described by F.S.
§§ 190.012(2)(a) and (d). The Board further
recognizes the District's right to seek consent
from Collier County for further additional special
powers in accordance with F.S. § 190.012(2).
(Ord. No. 02-09, § 7, 2-26-02)
Secs. 122-433-122-450. Reserved.
ARTICLE XVII. TALIS PARK
COMMUNITY DEVELOPMENT DISTRICT*
Sec. 122-451. Findings of fact.
The foregoing Recitals are hereby adopted as
if fully set forth here as findings of facts which
are determined by the Board to be true and
correct.
(Ord. No. 02-42, § 1, 7-30-02)
Sec. 122-452. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 02-42, § 2, 7-30-02)
Sec. 122-453. Establishment of the Talis
Park Community Develop-
ment District.
The Talis Park Community Development
District is hereby established within the boundar-
*Editor's note —Ord. No. 98-102, adopted Nov. 24, 1998,
repealed §§ 122-451-122-454 in their entirety. Formerly,
said sections pertained to the Port -Au -Prince MSTU. See the
Code Comparative Table.
Ord. No. 12-27, adopted July 24, 2012 changed the name of
Art. XVII from "Tuscany Reserve Community Development
District" to "Talis Park Community Development District".
CD122:67
§ 122-453
COLLIER COUNTY CODE
ies of the real property described in Exhibit "A"
(set out herein as section 122-458) and
incorporated by reference herein.
(Ord. No. 02-42, § 3, 7-30-02; Ord. No. 12-27, § 1)
Sec. 122-454. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. Barry Sifen 3. David Salko
24301 Walden Center 24301 Walden Center
Drive Dr.
Bonita Springs, FL Bonita Springs, FL
34134 34134
2. Edwin Stackhouse 4. Ken Plonski
24301 Walden Center 24301 Walden Center
Drive Dr.
Bonita Springs, FL Bonita Springs, FL
34134 34134
5. Wendy Beville
24301 Walden Center
Drive
Bonita Springs, FL
34134
(Ord. No. 02-42, § 4, 7-30-02)
Sec. 122-455. District name.
The community development district herein
established shall henceforth be known as the
"Talis Park Community Development District."
(Ord. No. 02-42, § 5, 7-30-02; Ord. No. 12-27, § 1)
Sec. 122-456. Statutory provisions govern-
ing district.
The Talis Park Community Development
District shall be governed by the provisions of
F.S. ch. 190, and all other applicable general and
local law.
(Ord. No. 02-42, § 6, 7-30-02; Ord. No. 12-27, § 1)
Sec. 122-457. Consent to general powers
and recognition of rights
regarding future special
powers.
The uniform charter of the Talis Park CDD is
as set forth in F.S. §§ 190.006-190.041, which
allows the CDD to exercise powers granted by
law under F.S. § 190.011. The Board specifically
consents to the District's exercise of these statu-
tory general powers. The Board further recognizes
the District's right to seek consent from Collier
County in the future for additional, special powers
in accordance with F.S. § 190.012(2).
(Ord. No. 02-42, § 7, 7-30-02; Ord. No. 12-27, § 1)
Sec. 122-458. Legal description.
Parcel A: North one-half of the Northeast one -
quarter of Section 12, Township 48 South, Range
25 East, Collier County, Florida, LESS: The
portion conveyed to Collier County, A Political
Subdivision, by Warranty Deed recorded June
22, 2000, in Official Records Book 2689, Page
3368.
together with:
Parcel B: All of Section 7, Township 48 South,
Range 26 East, Collier County, Florida, lying
West of Interstate Highway 75, right-of-way.
PARCEL A and PARCEL B: TOGETHER BEING
MORE PARTICULARLY DESCRIBED AS:
A parcel of land lying in Section 7, Township
48 South, Range 26 East, and in Section 12,
Township 48 South, Range 25 East, in Collier
County Florida, and being more particularly
described as follows:
Supp. No. 92 CD122:68
BEGINNING at Northwest Corner of Section
7, Township 48 South, Range 26 East run
thence along the North boundary of the
Northwest one -quarter (1/4) of said Section 7,
S.89°52'09"E. 2420.80 feet to a point on the
Westerly right-of-way line of Interstate
Highway 75 (324' right-of-way); thence along
said Westerly right-of-way line for the follow-
ing three (3) courses 1) S.19°30'43"E. 2329.79'
feet to a point of curvature; 2) Southerly,
1892.87 feet along the arc of a curve to the
right having a radius of 5567.58 feet and a
central angle of 19°28'46" (chord bearing
S.09°46'20"E., 1883.77 feet); 3) S.00'01'57"E.
1243.42' feet to a point on the South boundary
of the Southeast one -quarter (1/4) of said Sec-
tion 7; thence along said South boundary
N.89°10'15"W., 844.32 feet; thence along the
South boundary of the Southwest one -quarter
(1/4) of said Section 7, N.89°10'25"W., 2627.43
feet to the Southwest corner of said Section 7;
SPECIAL DISTRICTS § 122-458
thence along the West boundary of the
Southwest one -quarter (1/4) of said Section 7,
N.00°32'28"W., 2623.13 feet; thence along the
West boundary of the North-
Supp. No. 92 CD122:68.1
SPECIAL DISTRICTS
thence along the West boundary of the
Southwest one -quarter (1/4) of said Section 7,
N.00°32'28"W., 2623.13 feet; thence along the
West boundary of the Northwest one -quarter
(1/4) of said Section 7, N.00°30'23"W., 1314.18
feet; thence along the Southerly boundary of
the North one-half (1/2), of the Northeast one -
quarter (1/4), of said Section 12, Township 48
South, Range 25 East, S.89°21'50"W., 2599.53
feet to a point on the Easterly right-of-way
line of Livingston Road; thence along said
Easterly right-of-way line N.00°24'47"W.,
1316.68 feet to a point on the North boundary
of the North one-half (1/2) of the Northeast
one -quarter (1/4) of said Section 12; thence
along said North boundary, N.89°25'08"E.,
2597.37 feet to the POINT OF BEGINNING.
Containing 451.29 acres, more or less.
(Ord. No. 02-42, exh. A, 7-30-02)
Secs. 122-459-122-475. Reserved.
ARTICLE XVIII. FIDDLER'S CREEK
COMMUNITY DEVELOPMENT DISTRICT
# 2*
Sec. 122-476. Authority for ordinance.
This Ordinance is adopted pursuant to F.S,
§ 190.005(2), and applicable provisions of law
governing county ordinances. Whereas clauses
are deemed to be true and correct and are
adopted as additional authority as if fully, and,
set forth herein. Lastly, the State created charter
for the District is recognized as F.S. §§ 190.006
through 109.041.
(Ord. No. 02-61, § 1, 11-19-02)
Sec. 122-477. Establishment of the Fid-
dler's Creek Community
Development District # 2.
The Fiddler's Creek Community Development
District #2 is hereby established within the
*Editor's note —Ord. No. 2009-02, § 1, adopted Feb. 10,
2009, repealed Art. XVIII, §§ 122-476, 122-477, which
pertained to district 3 municipal services taxing unit and
derived from Ord. No. 76-72, §§ 1, 2; Ord. No. 81-83, §§ 1, 2;
and Ord. No. 98-48, § 1.
§ 122-481
boundaries of the real property described in
Exhibit "B" attached to Ordinance No. 2022-07
and incorporated by reference herein.
(Ord. No. 02-61, § 2, 11-19-02; Ord. No. 14-26,
§ 1(Exh. B); Ord. No. 17-16, § 1(Exh. B); Ord.
No. 19-15, § 1(Exh. B); Ord. No. 19-32, § 1(Exh.
B); Ord. No. 2022-09, § 1(Exh. B))
Sec. 122-478. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. Rhea Riegalhaupt 3. Randy Byrnes
6001 Pelican Bay 2587 Half Moon Walk
Boulevard, #1206 Naples, FL 34102
Naples, FL 34108
2. Arthur Woodward 4. George Schmelzle
1136 Edington Place 1119 Augusta Falls Way
Marco Island, FL 34145 Naples, FL 34119-1362
5. Clifford (Chip) Olson
1020 Goodlette Road,
Suite 200
Naples, FL 34102
(Ord. No. 02-61, § 3, 11-19-02)
Sec. 122-479. District name.
The community development district herein
established shall henceforth be known as the
"Fiddler's Creek Community Development District
#2".
(Ord. No. 02-61, § 4, 11-19-02)
Sec. 122-480. Statutory provisions govern-
ing district.
The Fiddler's Creek Community Development
District #2 shall be governed by the provisions of
F.S. ch. 190, and all other applicable general and
local law.
(Ord. No. 02-61, § 5, 11-19-02)
Sec. 122-481. Consent to special powers.
Upon the effective date of this Ordinance, the
Fiddler's Creek Community Development District
#2 will be duly and legally authorized to exist
and exercise all of its general and special powers
as limited by law; and has the right to seek
consent from the Collier County Board of County
Supp. No. 103 CD122:69
§ 122-481
COLLIER COUNTY CODE
Commissioners for the grant of authority to
exercise special powers in accordance with F.S.
§ 190.012(2), without question as to the district's
continued right, authority and power to exercise
its limited powers as established by this
Ordinance. The District Board's authority to
exercise special powers may include the power to
plan, establish, acquire, construct or reconstruct,
enlarge or extend, equip, operate, and maintain
additional systems and facilities for: (i) parks
and facilities for indoor and outdoor recreational,
cultural, and educational uses; and (ii) security,
including, but not limited to, guardhouses, fences
and gates, electronic intrusion -detection systems,
and patrol cars, when authorized by proper
governmental agencies; except that the District
may not exercise any police power, but may
contract with the appropriate local general-
purpose government agencies for an increased
level of such services within the District boundar-
ies; all as authorized and described by F.S.
§§ 190.012(2)(a) through (d).
The District is hereby authorized to exercise
the special power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and
facilities for the control and elimination of
mosquitoes and other arthropods of public health
importance pursuant to F.S. § 190.012(2)(e).
(Ord. No. 02-61, § 6, 11-19-02; Ord. No. 2017-33,
§ 1)
Secs. 122-482-122-500. Reserved.
ARTICLE XIX. NAPLES RESERVE
COMMUNITY DEVELOPMENT DISTRICT*
Sec. 122-501. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 08-37, § 1, 7-22-08)
*Editor's note —Ord. No. 2009-02, § 1, adopted Feb. 10,
2009, repealed Art. XIX, §§ 122-501, 122-502, which pertained
to district 5 municipal services taxing unit and derived from
Ord. No. 76-74, §§ 1, 2; Ord. No. 77-25, § 1; and Ord. No.
81-85, §§ 1, 2.
Sec. 122-502. Establishment of the Naples
Reserve Community
Development District.
The Naples Reserve Community Development
District is hereby established within the boundar-
ies of the real property described in Exhibit "A,"
attached to Ordinance No. 08-37 and incorporated
by reference herein.
(Ord. No. 08-37, § 2, 7-22-08)
Sec. 122-503. District name.
The community development district herein
established shall henceforth be known as the
"Naples Reserve Community Development
District".
(Ord. No. 08-37, § 3, 7-22-08)
Sec. 122-504. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. Anthony Salce 4. Jay Malamphy
3292 Green Dolphin 11521 Longshore Way W.
Lane Naples, FL 34110
Naples, FL 34102
2. Mark Lazar 5. Tom Andrea
489 Raven Way 1190 26th Avenue N.
Naples, FL 34110 Naples, FL 34103
3. Don Mazzarella
649 Bowline Drive
Naples, FL 34102
(Ord. No. 08-37, § 4, 7-22-08)
Sec. 122-505. Statutory provisions govern-
ing the district.
The Naples Reserve Community Development
District shall be governed by the provisions of
F.S. ch. 190, and all other applicable general and
local law.
(Ord. No. 08-37, § 5, 7-22-08)
Sec. 122-506. Consent to special powers.
Upon the effective date of this Ordinance, the
Naples Reserve Community Development District
will be duly and legally authorized to exist and
exercise all of its general powers as limited by
Supp. No. 103 CD122:70
SPECIAL DISTRICTS
law; and has the right to seek consent from the
Collier County Board of County Commissioners
for the grant of authority to exercise special
powers in accordance with F.S. § 190.012(2).
(Ord. No. 08-37, § 6, 7-22-08)
Sec. 122-507. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the following: that the Petitioner, its suc-
cessors and assigns, shall (1) elect one resident
of the District to the five member Board of
Supervisors at such time as residents begin
occupying homes in the District, and (2) record a
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all
v Supp. No. 72 CD122:70.1
§ 122-507
SPECIAL DISTRICTS § 122-481
west one -quarter (1/4) of said Section 7,
N.00°30'23"W., 1314.18 feet; thence along the
Southerly boundary of the North one-half (Y2),
of the Northeast one -quarter (Y4), of said
Section 12, Township 48 South, Range 25
East, S.89°21'50"W., 2599.53 feet to a point on
the Easterly right-of-way line of Livingston
Road; thence along said Easterly right-of-way
line N.00°24'47"W., 1316.68 feet to a point on
the North boundary of the North one-half (1/2)
of the Northeast one -quarter (Y4) of said Sec-
tion 12; thence along said North boundary,
N.89°25'08"E., 2597.37 feet to the POINT OF
BEGINNING.
Containing 451.29 acres, more or less.
(Ord. No. 02-42, exh. A, 7-30-02)
Secs. 122-459-122-475. Reserved.
ARTICLE XVIII. FIDDLER'S CREEK
COMMUNITY DEVELOPMENT
DISTRICT # 2
Sec. 122-476. Authority for ordinance.
This Ordinance is adopted pursuant to F.S,
§ 190.005(2), and applicable provisions of law
governing county ordinances. Whereas clauses
are deemed to be true and correct and are
adopted as additional authority as if fully, and,
set forth herein. Lastly, the State created charter
for the District is recognized as F.S. §§ 190.006
through 109.041.
(Ord. No. 02-61, § 1, 11-19-02)
Sec. 122-477. Establishment of the Fid-
dler's Creek Community
Development District # 2.
The Fiddler's Creek Community Development
District #2 is hereby established within the
*Editor's note —Ord. No. 2009-02, § 1, adopted Feb. 10,
2009, repealed Art. XVIII, §§ 122-476, 122-477, which
pertained to district 3 municipal services taxing unit and
derived from Ord. No. 76-72, §§ 1, 2; Ord. No. 81-83, §§ 1, 2;
and Ord. No. 98-48, § 1.
boundaries of the real property described in
Exhibit "B" attached to Ordinance No. 19-32 and
incorporated by reference herein.
(Ord. No. 02-61, § 2, 11-19-02; Ord. No. 14-26,
§ 1(Exh. B); Ord. No. 17-16, § 1(Exh. B); Ord.
No. 19-15, § 1(Exh. B); Ord. No. 19-32, § 1(Exh.
B))
Sec. 122-478. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. Rhea Riegalhaupt 3. Randy Byrnes
6001 Pelican Bay 2587 Half Moon Walk
Boulevard, #1206 Naples, FL 34102
Naples, FL 34108
2. Arthur Woodward 4. George Schmelzle
1136 Edington Place 1119 Augusta Falls Way
Marco Island, FL 34145 Naples, FL 34119-1362
5. Clifford (Chip) Olson
1020 Goodlette Road,
Suite 200
Naples, FL 34102
(Ord. No. 02-61, § 3, 11-19-02)
Sec. 122-479. District name.
The community development district herein
established shall henceforth be known as the
"Fiddler's Creek Community Development District
#2".
(Ord. No. 02-61, § 4, 11-19-02)
Sec. 122-480. Statutory provisions govern-
ing district.
The Fiddler's Creek Community Development
District #2 shall be governed by the provisions of
F.S. ch. 190, and all other applicable general and
local law.
(Ord. No. 02-61, § 5, 11-19-02)
Sec. 122-481. Consent to special powers.
Upon the effective date of this Ordinance, the
Fiddler's Creek Community Development District
#2 will be duly and legally authorized to exist
and exercise all of its general and special powers
as limited by law; and has the right to seek
consent from the Collier County Board of County
�../ Supp. No. 89 CD122:69
§ 122-481
COLLIER COUNTY CODE
Commissioners for the grant of authority to
exercise special powers in accordance with F.S.
§ 190.012(2), without question as to the district's
continued right, authority and power to exercise
its limited powers as established by this
Ordinance. The District Board's authority to
exercise special powers may include the power to
plan, establish, acquire, construct or reconstruct,
enlarge or extend, equip, operate, and maintain
additional systems and facilities for: (i) parks
and facilities for indoor and outdoor recreational,
cultural, and educational uses; and (ii) security,
including, but not limited to, guardhouses, fences
and gates, electronic intrusion -detection systems,
and patrol cars, when authorized by proper
governmental agencies; except that the District
may not exercise any police power, but may
contract with the appropriate local general-
purpose government agencies for an increased
level of such services within the District boundar-
ies; all as authorized and described by F.S.
§§ 190.012(2)(a) through (d).
The District is hereby authorized to exercise
the special power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and
facilities for the control and elimination of
mosquitoes and other arthropods of public health
importance pursuant to F.S. § 190.012(2)(e).
(Ord. No. 02-61, § 6, 11-19-02; Ord. No. 2017-33,
§ 1)
Secs. 122-482-122-500. Reserved.
ARTICLE XIX. NAPLES RESERVE
COMMUNITY DEVELOPMENT DISTRICT*
Sec. 122-501. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 08-37, § 1, 7-22-08)
*Editor's note —Ord. No. 2009-02, § 1, adopted Feb. 10,
2009, repealed Art. XIX, §§ 122-501, 122-502, which pertained
to district 5 municipal services taxing unit and derived from
Ord. No. 76-74, §§ 1, 2; Ord. No. 77-25, § 1; and Ord. No.
81-85, §§ 1, 2.
Supp. No. 89
Sec. 122-502. Establishment of the Naples
Reserve Community
Development District.
The Naples Reserve Community Development
District is hereby established within the boundar-
ies of the real property described in Exhibit "A,"
attached to Ordinance No. 08-37 and incorporated
by reference herein.
(Ord. No. 08-37, § 2, 7-22-08)
Sec. 122-503. District name.
The community development district herein
established shall henceforth be known as the
"Naples Reserve Community Development
District".
(Ord. No. 08-37, § 3, 7-22-08)
Sec. 122-504. Designation of initial board
members.
The following five
persons are herewith
designated to be the
initial members of the
Board of Supervisors:
1. Anthony Salce
4. Jay Malamphy
3292 Green Dolphin
11521 Longshore Way W.
Lane
Naples, FL 34110
Naples, FL 34102
2. Mark Lazar
5. Tom Andrea
489 Raven Way
1190 26th Avenue N.
Naples, FL 34110
Naples, FL 34103
3. Don Mazzarella
649 Bowline Drive
Naples, FL 34102
(Ord. No. 08-37, § 4, 7-22-08)
Sec. 122-505. Statutory provisions govern-
ing the district.
The Naples Reserve Community Development
District shall be governed by the provisions of
F.S. ch. 190, and all other applicable general and
local law.
(Ord. No. 08-37, § 5, 7-22-08)
Sec. 122-506. Consent to special powers.
Upon the effective date of this Ordinance, the
Naples Reserve Community Development District
will be duly and legally authorized to exist and
exercise all of its general powers as limited by
CD122:70
SPECIAL DISTRICTS § 122-507
law; and has the right to seek consent from the
Collier County Board of County Commissioners
for the grant of authority to exercise special
powers in accordance with F.S. § 190.012(2).
(Ord. No. 08-37, § 6, 7-22-08)
Sec. 122-507. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the following: that the Petitioner, its suc-
cessors and assigns, shall (1) elect one resident
of the District to the five member Board of
Supervisors at such time as residents begin
occupying homes in the District, and (2) record a
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all
Supp. No. 89 CD122:70.1
SPECIAL DISTRICTS § 122-531
rights and remedies available at law and in
equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns.
(Ord. No. 08-37, § 7, 7-22-08)
Secs. 122-508-122-525. Reserved.
ARTICLE XX. IMMOKALEE LIGHTING
DISTRICT
Sec. 122-526. Boundaries.
All that land located in the county and specif-
ically described as:
The south half of the south half of Section 29,
south half of the southeast quarter of Section
30, the northeast quarter of Section 31; all of
Section 32; all of Section 33; the southwest
quarter of Section 34; and the south half of the
southwest quarter of Section 28; all in Town-
ship 46 South, Range 29 East;
The southeast quarter of Section 3, the west
half of Section 3; all of Section 4; the northwest
quarter of Section 5, the east half of Section 9
and the southwest quarter of the northeast
quarter of Section 11; all in Township 47 South,
Range 29 East;
is hereby created and established as a lighting
district known as the Immokalee Lighting Dis-
trict, hereinafter called the "district".
(Ord. No. 71-7, § 1; Ord. No. 72-4, § 1; Ord. No.
77-52, § 3; Ord. No. 92-39, § 2)
Sec. 122-527. Authority.
This article is enacted pursuant to the author-
ity granted to the Board of County Commission-
ers under F.S. ch. 125.
(Ord. No. 77-52, § 1)
Sec. 122-528. Creation.
This article creates the Immokalee Lighting
and District as a municipal service taxing or
benefit unit pursuant to F.S. §§ 125.01(1)(q) and
125.01(1)(r).
(Ord. No. 77-52, § 2; Ord. No. 92-39, § 1)
Sec. 122-529. Governing body; advisory
group.
The governing body of the district shall be ex
officio the Board of County Commissioners. Said
board may at its pleasure appoint an advisory
group or board to advise it in matters pertaining
to the district.
(Ord. No. 71-7, § 2; Ord. No. 77-52, § 4)
State law reference —Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
Sec. 122-530. Purpose.
The district created in this article is formed for
the purpose of providing street lighting within the
property above described, and to that end shall
possess all the powers to do all things reasonably
necessary to provide such services, including own-
ership of property, poles, wires, conduits, lights,
meters, and the power to maintain the same and
to enter into contracts for providing the same and
the electric current to operate any lighting system
therein installed.
(Ord. No. 71-7, § 3; Ord. No. 77-52, § 5; Ord. No.
90-19, § 1; Ord. No. 92-39, § 3)
Sec. 122-531. Advisory committee.
(a) Created. There is hereby created the
Immokalee Lighting District Advisory Commit-
tee, hereinafter referred to as the "committee".
(b) Appointment and composition.
(1) The committee shall consist of five mem-
bers which generally represent the popu-
lation of the area within the Immokalee
Lighting District and are interested in the
concerns for which the district was cre-
ated.
(2) Members of the committee shall be ap-
pointed by and serve at the pleasure of
the Board of County Commissioners. Said
members shall be permanent residents of
the district.
(3) Appointment of members to the commit-
tee shall be by resolution of the Board of
County Commissioners, which resolution
shall set forth the date of appointment
and the term of office.
Supp. No. 26
CD 122:71
§ 122-531 COLLIER COUNTY CODE
(c) Terms of office. The initial terms of office of
the committee shall be as follows:
(1) Three members shall be appointed for a
term of two years.
(2) Two members shall be appointed for a
term of three years.
(3) Thereafter, each appointment or reappoint-
ment shall be for a term of four years.
A member of the committee may be reappointed
by the Board of County Commissioners for one
successive term, if there are no other qualified
applicants for the member's position. Appoint-
ments to fill any vacancies on the committee shall
be for the remainder of the unexpired term of
office.
(d) Removal from office; failure to attend meet-
ings.
(1) Any member of the committee may be
removed from office by a unanimous vote
of the Board of County Commissioners.
(2) If any member of the committee fails to
attend two consecutive committee meet-
ings without a satisfactory excuse or if a
member is absent from more than half of
the committee's meetings in a given fiscal
year, the committee shall declare the
member's seat to be vacant and the va-
cancy shall be filled by the Board of County
Commissioners.
(e) Officers; quorum; rules of procedure.
(1) At its earliest opportunity, the member-
ship of the committee shall elect a chair-
man and vice-chairman from among the
members. Officers' terms shall be for one
year, with eligibility for reelection.
(2) The presence of three or more members
shall constitute a quorum of the commit-
tee necessary to take action and transact
business. In addition, an affirmative vote
of three or more members shall be neces-
sary in order to take official action, regard-
less of whether three or more members of
the committee are present at a meeting.
(3) The committee shall, by majority vote of
the entire membership, adopt rules of
procedure for the transaction of business
and shall keep a record of meetings, res-
olutions, findings and determinations.
(f) Reimbursement of expenses. Members of the
committee shall serve without compensation, but
shall be entitled to receive reimbursement for
expenses reasonably incurred in the performance
of their duties upon prior approval of the Board of
County Commissioners.
(g) Functions, powers and duties. The func-
tions, powers and duties of the committee shall be
as follows:
(1) To aid and assist the Board of County
Commissioners in carrying out the pur-
poses of the Immokalee Lighting District
as set forth in this article.
(2) To prepare and recommend to the Board
of County Commissioners an itemized bud-
get of the amount of money required to
carry out the business of the district for
the next fiscal year. In carrying out this
responsibility, the committee shall, no later
than April 1 of each year, meet with the
county public works administrator and
outline to the administrator those projects
which the committee wishes to see accom-
plished during the next fiscal year. Based
upon this information, the administrator
shall prepare a proposed budget for the
district, in accordance with standard county
guidelines regarding the preparation of
budgets. This proposed budget shall then
be reviewed by the committee and upon
approval by the committee be transmitted
through the public works administrator
to the Board of County Commissioners for
adoption in accordance with the proce-
dures for the adoption of budgets set forth
under general law and Board of County
Commissioners' policy. Should the commit-
tee fail to approve a budget by June 1 of
each year, the county administrator shall
be authorized to submit a proposed bud-
get to the Board of County Commission-
ers.
1
Supp. No. 26 CD122:72
L1 SPECIAI. DISTRICTS § 122-559
(3) To adopt and amend guidelines to govern
their operation and the operation of the
district, subject to approval by the Board
of County Commissioners.
(4) To recommend work programs and prior-
ities to the county public works adminis-
trator in accordance with the adopted
budget or budget amendments which may
be adopted by the Board of County Com-
missioners in accordance with law. The
execution of work programs shall be un-
der the direct supervision and responsi-
bility of the public works administrator or
his designee. Said work may be performed
under contract (in accordance with law) or
by county forces.
(h) Duties of public works administrator. The
duties of the public works administrator shall be:
(1) To administer the activities of the district
in accordance with established policies of
the Board of County Commissioners and
guidelines adopted by the committee.
(2) To prepare the annual budget in accor-
dance with subsection (g)(2) of this sec-
tion.
(3) To provide periodic written reports to the
committee, the county manager and the
Board of County Commissioners on the
activities of the district and its finances in
accordance with established guidelines of
the Board of County Commissioners on
the committee.
(Ord. No. 86-65, § 8)
Cross reference —Boards, commissions, committees and
authorities, § 2-816 et seq.
Sec. 122-532. Budget; annual tax millage.
For the purpose of carrying into effect this
article the Board of County Commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
district for the next fiscal year, which shall be
from October 1 to and including September 30,
following. The estimate shall have for what pur-
pose the moneys are required and the amount
necessary to be raised by taxation a millage
Supp. No. 27
sufficient to meet the requirements of the esti-
mate; provided, however, the total millage shall
not exceed one mill.
(Ord. No. 71-7, § 4; Ord. No. 77-52, § 6)
Sec. 122-533. Assessment and collection of
taxes.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 71-7, § 5; Ord. No. 77-52, § 7)
Secs. 122-534-122-555. Reserved.
ARTICLE XXI. CITY GATE COMMUNITY
DEVELOPMENT DISTRICT
Sec. 122-556. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 09-68, § 1)
Sec. 122-557. Establishment of the City Gate
Community Development Dis-
trict.
The City Gate Community Development Dis-
trict is hereby established within the boundaries
of the real property described in Exhibit "A",
attached hereto [Section 122-563, herein] and
incorporated by reference herein.
(Ord. No. 09-68, § 2)
Sec. 122-558. District name.
The community development district herein
established shall henceforth be known as the
"City Gate Community Development District".
(Ord. No. 09-68, § 3)
Sec. 122-559. Designation of initial board
members.
The following five persons are herewith desig-
nated to be the initial members of the Board of
Supervisors:
CD 122:73
'2-559
COLLIER COUNTY CODE
1. Roger B. Rice
4. Paul P. Pacchiana
159 Kirtland Drive
2139 Morning Sun Lane
Naples, FL 34110
Naples, FL 34119
2. Ronald G. Rice
5. Jeremy C. Sterk
601 Trophy Drive, Unit
2875 Garland Road
503
Naples, FL 34117
Naples, FL 34110
3. Elena Lindner
3420 22"d Avenue NE
Naples, FL 34120
(Ord. No. 09-68, § 4)
Sec. 122-560. Statutory provisions govern-
ing the district.
The City Gate Community Development Dis-
trict shall be governed by the provisions of F.S. ch.
190, and all other applicable general and local
law.
(Ord. No. 09-68, § 5)
Sec. 122-561. Consent to special powers.
Upon the effective date of this Ordinance, the
amity Gate Community Development District will
be duly and legally authorized to exist and exer-
cise all of its general powers as limited by law;
and has the right to seek consent from the Collier
County Board of County Commissioners for the
grant of authority to exercise special powers in
accordance with F.S. § 190.012(2).
(Ord. No. 09-68, § 6)
Sec. 122-562. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the following: That the Petitioners, or their
successors and assigns, shall: (1) elect one prop-
erty owner with no affiliation or direct relation to
the existing owners or any subsequent developer
of the District, to the five member Board of
Supervisors at such time as property owners
begin occupying businesses in the District; and (2)
record a Notice of Assessments containing the
specific terms and conditions of any special as-
sessments imposed to secure bonds issued by the
District, which notice shall be recorded immedi-
ately after any such bond issuance. The Board
shall retain any and all rights and remedies
IN
Supp. No. 27
available at law and in equity to enforce Petitioner's
Commitments against Petitioner, its successors
and assigns.
(Ord. No. 09-68, § 7)
Sec. 122-563. Legal description.
A Portion Of The North One -Half Of Section 35,
Township 49 South, Range 26 East, Collier County,
Florida, Being More Particularly Described As
Follows:
Commence At A PK Nail And Disc No. LB5982
Marking The Northwest Corner Of Section 35,
Township 49 South, Range 26 East, Collier
County, Florida; Thence North 89°13'01" East,
Along The North Line Of Said Section 35 And
The South Line Of Safe Harbor, According To
The Plat Thereof Recorded In Plat Book 26,
Pages 22 And 23, Of The Public Records Of
Collier County, Florida, And The North Line Of
Lot 1, City Gate Commerce Center, Phase One,
According To The Plat Thereof, Recorded In
Plat Book 41, Pages 6 And 7, Of Said Public
Records, For A Distance Of 590.33 Feet, To The
Northeast Corner Of Said Lot 1, For A Point Of
Beginning; Thence Continue, North 89°13'01"
East, Along Said North Line Of Said Section
35, And The South Line Of Safe Harbor And
The South Line Of Golden Gate Estates, Unit
No. 28, According To The Plat Thereof Re-
corded In Plat Book 7, Pages 19 And 20, Of Said
Public Records, For 4,692.14 Feet, To A Con-
crete Monument Now Set At The Southeast
Corner Of Tract 169, Golden Gate Estates,
Unit No. 28 And The Northeast Corner Of Said
Section 35; Thence South 00°55'48" West For
2,673.79 Feet, To A Concrete Monument Found
At The Northeast Corner Of Lot 18, White
Lake Corporate Park, Phase Three, According
To The Plat Thereof Recorded In Plat Book 34,
Pages 45 And 46 Of Said Public Records; Thence
South 89°00'01" West, Along The North Line Of
Said Lot 18, And The North Line Of White
Lake Corporate Park, According To The Plat
Thereof Recorded In Plat Book 31, Pages 26
Through 28, Inclusive For 4,000.85 Feet To The
Southeast Corner Of Lot 16, City Gate Com-
merce Center, Phase One; Thence North
00°47'14" East, Along The East Line Of Lots
16, 15 And Tract "A" Of Said Phase One Plat,
CD122:74
SPECIAL DISTRICTS § 122-611
And The West Right -Of -Way Line Of A 170
Foot Wide Florida Power And Light Company
Easement, Recorded In Official Record Book
681, Page 1210, Of Said Public Records, For
2,072.75 Feet; Thence North 58°30'03" West,
Along The Southwesterly Line Of Said 170
Foot Wide F.P.&L. Easement, For 596.93 Feet;
Thence South 61*09'57" West, Along The
Southerly Line Of Parcel "E", As Recorded In
Record Book 3965, Page 2873, Of Said Public
Records, For 203.97 Feet, To The Easterly
Line Of The City Gate Commerce Center,
Phase One; Thence Northerly Along The
Easterly Line Of Said Phase One, The Four
Following Courses;
1) North 00°47'14" East For 124.70
Feet; Thence
2) North 31*30'28" East For 70.02 Feet;
Thence
3) North 29°30'45" West For 52.47 Feet;
Thence
4) North 00°28'39" West For 163.01
Feet, To The Point Of Beginning.
Containing 253.05 Acres, More Or Less.
Subject To Restrictions, Easements And
Reservations Of Record.
Bearings For The Above Described Property
Are Based On The North Line Of Section 35,
Township 49 South, Range 26 East, Collier
County, Florida - Being North 89*13'01" East.
(Ord. No. 09-68, Exh. A)
Secs. 122-564-122-605. Reserved.
ARTICLE XXII. CURRENTS COMMUNITY
DEVELOPMENT DISTRICT*
Sec. 122-606. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
*Editor's note —Prior to the inclusion of Ord. No. 2019-
14, Ord. No. 2017-04, § 1, adopted Feb. 28, 2017, repealed
the former art. XXII §§ 122-606-122-610 entitled "Isles of
Capri Municipal Fire Services Taxing District", which derived
from: Ord. No. 78-49, §§ 1-5; Ord. No. 89-99, §§ 1, 2; Ord.
No. 02-19, § 1; and Ord. No. 2015-19, § 1.
Supp. No. 89
law governing county ordinances.
(Ord. No. 2019-14, § 1)
Sec. 122-607. Establishment of the Cur-
rents Community Develop-
ment District.
The Currents Community Development District
is hereby established within the boundaries of
the real property described in Exhibit "A" attached
to Ord. No. 2019-14 and incorporated by refer-
ence herein.
(Ord. No. 2019-14, § 2)
Sec. 122-608. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. John Wollard 2.
Ryan Futch
551 Cattlemen Road,
551 Cattlemen Road,
Ste 200
Ste 200
Sarasota, FL 34232
Sarasota, FL 34232
3. Andrew Miller 4.
Timothy Martin
551 Cattlemen Road,
551 Cattlemen Road,
Ste 200
Ste 200
Sarasota, FL 34232
Sarasota, FL 34232
5. Richard Brown
551 Cattlemen Road,
Ste 200
Sarasota, FL 34232
(Ord. No. 2019-14, § 3)
Sec. 122-609. District name.
The community development district herein
established shall henceforth be known as the
"Currents Community Development District."
(Ord. No. 2019-14, § 4)
Sec. 122-610. Statutory provisions govern-
ing the district.
The Currents Community Development District
shall be governed by the provisions of F.S. ch.
190, and all other applicable general and local
law.
(Ord. No. 2019-14, § 5)
Sec. 122-611. Consent to special powers.
Upon the effective date of this Ordinance, the
Currents Community Development District will
CD122:75
-ti
1./ § 122-611
COLLIER COUNTY CODE
be duly and legally authorized to exist and
exercise all of its powers as set forth in F.S.
§ 190.012(1), and as otherwise provided by law.
The Board hereby consents to the exercise by the
Board of Supervisors of the District of the special
powers set forth in F.S. §§ 190.012(2)(a) and (d),
to plan, establish, acquire, construct or
reconstruct, enlarge or extend, equip, operate,
and maintain additional systems and facilities
for: (1) Parks and facilities for indoor and outdoor
recreational, cultural, and educational uses; and
(2) Security, including, but not limited to,
guardhouses, fences and gates, electronic intru-
sion -detection systems, and patrol cars, when
authorized by proper governmental agencies;
except that the district may not exercise any
police power, but may contract with the appropri-
ate local general-purpose government agencies
for an increased level of such services within the
district boundaries.
(Ord. No. 2019-14, § 6)
Sec. 122-612. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the material inducements contained in the
foregoing recitals setting forth Petitioner's Com-
mitments, re -stated as follows: (1) elect one
resident of the District to the five -member Board
of Supervisors at such time as residents begin
occupying homes in the District, and (2) record a
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all rights and remedies available at law
and in equity to enforce Petitioner's Commit-
ments against Petitioner, its successors and
assigns.
(Ord. No. 2019-14, § 7)
Secs. 122-613-122-630. Reserved.
ARTICLE XXIII. RIVIERA COLONY GOLF
ESTATES UNIT TWO STREET LIGHTING
MUNICIPAL SERVICE TAXING DISTRICT
Sec. 122-631. Created; boundaries.
Pursuant to F.S. ch. 125, the Riviera Colony
Golf Estates Unit Two Street Lighting Municipal
Service Taxing District is hereby created for the
purpose of providing street lighting to the
residents of the area hereinafter described:
� Supp. No. 89 CD122:76
A portion of Tracts A and G, Riviera Colony
Golf Estates, Tract Map, as recorded in Plat
Book 10, pages 104 through 108, Public Records
of Collier County, Florida, described as fol-
lows:
From the point of beginning at the most
northerly corner of Lot 136, Riviera Colony
Golf Estates, Unit One, as recorded in Plat
Book 10, pages 109 through 113, said Public
Records, run the following courses along the
boundary line of Tract G, Riviera Colony Golf
Estates, Tract Map: 30.00 feet along the arc of
a curve, concave to the northeast, having a
radius of 440.00 feet and subtended by a chord
having a length of 29.99 feet and bearing
north 46°58'34" west; south 44°5'38" west, for
90.00 feet; thence through Tract A, said Rivi-
era Colony Golf Estates, Tract Map: Continu-
ing south 44°58'38" west, for 10.00 feet; thence
parallel with and 10.00 feet from the bound-
ary line of Tracts A and G: 533.70 feet along
the arc of a curve, concave to the northeast,
having a radius of 540.00 feet and subtended
by a chord having length of 512.24 feet and
bearing north 16°42'32" west to a point of
tangency; north 11°36'17" east, for 262.42 feet
to a point of curvature; 843.40 feet along the
are of a curve, concave to the southwest,
having a radius of 710.00 feet and subtended
by a chord having a length of 794.68 feet and
bearing north 22°25'33" west to a point of
tangency; north 56°27'23" west, for 139.96
feet; north 26°04'51" east, for 10.08 feet to a
point on the boundary of Tract G; thence the
following courses along the boundary line of
Tract G: continuing north 26°04'51" east, for
90.77 feet; north 56°27'23" west, for 40.00 feet;
south 33°32'37" west, for 25.00 feet to a point
of curvature; 37.14 feet along the are of a
curve, concave to the southeast, having a
radius of 137.85 feet and subtended by a chord
having a length of 37.02 feet and bearing
south 25°49'33" west to the northeasterly
corner of Lot 75, said Riviera Colony Golf
Estates, Unit One; thence north 71°53'31"
west, along the north line of said Lot 75, for
SPECIAL DISTRICTS § 122-631
90.00 feet; thence north 53°38'57" west, for
62.48 feet to the northeast corner of Lot 56,
said Riviera Colony Golf Estates, Unit One;
thence north 67°59'46" west, along the north
line of said Lot 56, for 113.43 feet; thence
through Tract G: north 45'01'45" east for
293.35 feet to a point on the boundary of Tract
G; thence along said boundary: 22.05 feet
along the arc of a curve, concave to the
northeast, having a radius of 110.00 feet and
subtended by a chord having a length of 22.01
feet and bearing south 50°42'49" east to a
point of tangency south 56°27'23" east, for
151.95 feet;
Supp. No. 84
CD122:76.1
AN SPECIAL DISTRICTS § 122-634
1�
south 27°12'12" west, for 100.62 feet; south
56°27'23" east, for 20.00 feet; north 33032'37"
east, for 75.00 feet; thence through Tract G;
south 56°27'23" east, for 160.00 feet; south
33°32'37" west, for 10.00 feet; south 56°27'23"
east, for 101.18 feet; north 38°06'16" east, for
31.97 feet to a point on the boundary of Tract G;
thence along said boundary: 554.76 feet along
the arc of a curve, concave to the southwest,
having a radius of 990.00 feet and subtended
by a chord having a length of 547.33 feet and
bearing south 35°50'32" east; north 77°45'24"
east, for 11.57 feet; south 12°14'36" east, for
100.00 feet; north 77°45'24" east, for 20.00 feet;
north 12°14'36" west, for 182.13 feet; north
32°45'24" east, for 24.26 feet; north 77°45'24"
east, for 124.26 feet; south 57°14'36" east, for
124.26 feet; south 12°14'36" east, for 82.13 feet;
north 77°45'24" east, for 96.76 feet to a point of
curvature; 2.53 feet along the arc of a curve,
concave to the northwest, having a radius of
145.00 feet and subtended by a chord having a
length of 2.53 feet and bearing north 77°15'24"
east; thence through Tract G: south 13°14'36"
east, for 100.00 feet, 20.11 feet along the are of
a curve, concave to the northwest, having a
radius of 245.00 feet and subtended by a chord
having a length of 20.10 feet and bearing north
74°24'20" east; thence south 17°56'43" east, for
160.00 feet to a point on the boundary of Tract
G; thence along said boundary: south 12°14'36"
east, for 335.20 feet to a point of curvature;
145.47 feet along the arc of a curve, concave to
the northeast, having a radius of 170.00 feet
and subtended by a chord having a length of
141.07 feet and bearing south 36°45'25" east to
a point of tangency; south 61°16'14" east, for
91.06 feet; north 73°43'46" east, for 28.28 feet;
south 61°16'14" east, for 124.26 feet; south
6°16'14" east, for 124.26 feet south 28°43'46"
west, for 124.26 feet; south 73°43'46" west, for
124.6 feet; north 61°16'14" west, for 124.26
feet; north 16°16'14" west, for 28.28 feet; north
61°16'14" west, for 91.06 feet to a point of
curvature; 367.95 feet along the are of a curve,
concave to the northeast, having a radius of
430.00 feet and subtended by a chord having a
length of 356.82 feet and bearing north 36°45'25"
west to a point of tangency; north 12°14'36"
west, for 333.20 feet; south 77°45'24" west, for
164.38 feet; north 12°14'36" west, for 100.00
feet; south 77°45'24" west, for 30.00 feet; south
12°14'36" east, for 100.00 feet; south 77°45'24"
west, for 14.20 feet to a point on curve; 281.69
feet along the arc of a curve, concave to the
northwest, having a radius of 990.00 feet and
subtended by a chord having a length of 280.74
feet and bearing south 03°27'12" west to a
point of tangency; south 11°36'17" west, for
262.42 feet to a point of curvature; 251.39 feet
along the arc of a curve, concave to the north-
east, having a radius of 260.00 feet and
subtended by a chord having a length of 241.71
feet and bearing south 16°05'39" east, south
46°12'25" west, for 100.00 feet to a point on
curve; 40.00 feet along the arc of a curve,
concave to the northeast, having a radius of
360.00 feet and subtended by a chord having a
length of 39.98 feet and bearing south 46°58'34"
east; south 46°34'53" west, for 80.45 feet to the
point of beginning; containing 22.035 acres
more or less.
(Ord. No. 79-75, § 1)
State law reference -Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-632. Governing body.
The governing body of the district shall be ex
officio the Board of County Commissioners.
(Ord. No. 79-75, § 2)
State law reference -Similar provisions, F.S. § 125.01(2).
Sec. 122-633. Purpose; powers.
The district is formed for the purpose of pro-
viding street lighting in the above -described sub-
division and to that end shall possess all the
powers to do all things reasonably necessary to
provide such services, including ownership or
rental or property, poles, wires, conduits, lights
and meters, and the power to maintain the same,
and to enter into contracts for providing the same
and the electric current to operate any lighting
system therein installed.
(Ord. No. 79-75, § 3)
Sec. 122-634. Annual estimates of expenses;
taxation rate.
For the purpose of carrying into effect this
article, the Board of County Commissioners shall
Supp. No. 58 CD122:77
§ 122-634
COLLIER COUNTY CODE
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
district for the next fiscal year, which shall be.
from October 1 to and including September 30
following. The estimate shall have for what pur-
pose the moneys are required and the amount
necessary to be raised by taxation within the
district. 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
property within the district subject to taxation a
millage sufficient to meet the requirements of the
estimate; provided, however, the total millage
shall not exceed the millage authorized by law for
municipal service taxing or benefit units.
(Ord. No. 79-75, § 4)
Sec. 122-635. Tax assessment, collection.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 79-75, § 5)
Secs. 122-636-122-655. Reserved.
ARTICLE XXIV. SOUTH 8tb STREET/DOAK
AVENUE MUNICIPAL SERVICE TAXING
AND BENEFIT UNIT*
Sec. 122-656. Authority.
This Ordinance is adopted pursuant to the
provisions of F.S. chs. 125, 165 and 200, and other
applicable provisions of law.
(Ord. No. 2002-69, § 1, 12-17-02)
Sec. 122-657. Creation of the municipal ser-
vice taxing unit.
There is hereby created and established the
South 8th Street/Doak Avenue Municipal Service
Taxing and Benefit Unit, hereinafter referred to
as "MSTBU'. The boundaries of the MSTBU are
*Editor's note —Ord. No. 97-48, § 9, adopted September
23, 1997, repealed Art. MV, which pertained to Sewer Area
"B" South Half (East Naples) Municipal Service Taxing and
Benefit Unit. See the Code Comparative Table.
as described on Exhibit "A" attached to Ordinance
No. 2002-69, that is incorporated herein by refer-
ence.
(Ord. No. 2002-69, § 2, 12-17-02)
Sec. 122-658. Purpose and governing body.
The MSTBU is created for the purpose of: (1)
acquisition of road right-of-way for public use; (2)
providing maintenance and repair of the public
roadways including, but not limited to, pavement,
drainage and utility facilities within the MSTBU;
and (3) maintenance and repair of other public
areas within the MSTBU. The governing body of
the MSTBU shall be the Board of County Com-
missioners of Collier County, Florida.
(Ord. No. 2002-69, § 3, 12-17-02)
Sec. 122-659. Annual estimates of expenses,
taxation and assessment rate.
For the purpose of implementing this Ordi-
nance, the Board of County Commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
MSTBU for the next fiscal year, which shall be
from October 1 to and including September 30
following. The estimate shall describe the purpose
for which the moneys are required and the amount
necessary to be raised by taxation and/or special
assessment within the MSTBU. At the time and
place for fixing the annual rate of taxation for
County purposes, the Board of County Commis-
sioners shall fix and cause to be levied on all
properties within the MSTBU, subject to taxation
or assessment a millage and/or assessment suffi-
cient to meet the requirements of the Budget,
provided, however, the millage rate shall not
exceed the maximum millage allowed by law per
year.
(Ord. No. 2002-69, § 4, 12-17-02)
Sec. 122-660. Tax assessment and collection.
Taxes and assessments herein provided for
shall be assessed and collected in the same man-
ner and form as provided for the assessment and
collection of general County taxes and subject to
the same fees for assessing and collecting as
general County taxes. In addition, assessments
Supp. No. 58 CD122:78
Lim
SPECIAL DISTRICTS § 122-690
shall be imposed and collected following the pro-
cedures set forth in Collier County Ordinance No.
98-45, as it may be amended, or its successor
ordinance, or as provided by law.
(Ord. No. 2002-69, § 5, 12-17-02)
Sec. 122-661. Duties of the county manager
or his designee.
The duties of the County Manager or his des-
ignee shall be:
(A) To administer the activities of the MSTBU
in accordance with established policies of
the Board of County Commissioners and
guidelines adopted by the Committee.
(B) To prepare the annual budget.
(C) To provide periodic written reports to the
Board of County Commissioners of the
activities of the MSTBU and its finances
in accordance with established guidelines
of the Board of County Commissioners.
(Ord. No. 2002-69, § 6, 12-17-02)
Secs. 122-662-122-685. Reserved.
ARTICLE XXV. LEAGUE
ROAD/TRAFFORD FARMS ROAD
MUNICIPAL SERVICE TAXING AND
BENEFIT UNIT*
Sec. 122-686. Authority.
This Ordinance is adopted pursuant to the
provisions of F.S. chs. 125, 165 and 200, and other
applicable provisions of law.
(Ord. No. 2002-70, § 1, 12-17-02)
Sec. 122-687. Creation of the municipal ser-
vice taxing unit.
There is hereby created and established the
League RoadfIrafford Farms Road Municipal Ser-
vice Taxing and Benefit Unit, hereinafter referred
to as "MSTBU'. The boundaries of the MSTBU
*Editor's note —Ord. No. 98-100, adopted Nov. 24, 1998,
repealed §§ 122-686-122-691 in their entirety. Formerly, said
sections pertained to the East Naples Fire Hydrant MSTU.
See the Code Comparative Table.
are as described on Exhibit "A" attached to Ordi-
nance No. 2002-70, that is incorporated herein by
reference.
(Ord. No. 2002-70, § 2, 12-17-02)
Sec. 122-688. Purpose and governing body.
The MSTBU is created for the purpose of (1)
acquisition of road right-of-way for public use;
(2)providing maintenance and repair of the public
roadways including, but not limited to, pavement,
drainage and utility facilities within the MSTBU;
and (3) maintenance and repair of other public
areas within the MSTBU. The governing body of
the MSTBU shall be the Board of County Com-
missioners of Collier County, Florida.
(Ord. No. 2002-70, § 3, 12-17-02)
Sec. 122-689. Annual estimates of expenses,
taxation and assessment rate.
For the purpose of implementing this Ordi-
nance, the Board of County Commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
MSTBU for the next fiscal year, which shall be
from October 1 to and including September 30
following (the 'Budget"). The estimate shall de-
scribe the purpose for which the moneys are
required and the amount necessary to be raised
by taxation and/or special assessment within the
MSTBU. At the time and place for fixing the
annual rate of taxation for County purposes, the
Board of County Commissioners shall fix and
cause to be levied on all properties within the
MSTBU, subject to taxation or assessment a
millage and/or assessment sufficient to meet the
requirements of the Budget, provided, however,
the millage rate shall not exceed the maximum
millage allowed by law per year.
(Ord. No. 2002-70, § 4, 12-17-02)
Sec. 122-690. Tax and assessment and collec-
tion.
Taxes and assessments herein provided for
shall be assessed and collected in the same man-
ner and form as provided for the assessment and
collection of general County taxes and subject to
the same fees for assessing and collecting as
Supp. No. 58 CD122:79
§ 122-690 COLLIER COUNTY CODE
general County taxes. In addition, assessments boundaries of the real property described in Ex -
shall be imposed and collected following the pro- hibit "A" (set out herein as section 122-711) and
cedures set forth in Collier County Ordinance No. incorporated by reference herein.
98-45, as it may be amended, or its successor (Ord. No. 99-67, § 2, 9-14-99)
ordinance, or as provided by law.
(Ord. No. 2002-70, § 5, 12-17-02) Sec. 122-708. Designation of initial board
members.
Sec. 122-691. Duties of the county manager
or his designee.
The duties of the County Manager or his des-
ignee shall be:
(A) To administer the activities of the MSTBU
in accordance with established policies of
the Board of County Commissioners and
guidelines adopted by the Committee.
(B) To prepare the annual budget.
The following five persons are herewith desig-
nated to be the initial members of the Board of
Supervisors:
1.
2.
(C) To provide periodic written reports to the
Board of County Commissioners of the
activities of the MSTBU and its finances
in accordance with established guidelines
of the Board of County Commissioners.
(Ord. No. 2002-70, § 6, 12-17-02) 5•
Secs. 122-692-122-705. Reserved.
ARTICLE XXVI. MEDITERRA SOUTH
COMMUNITY DEVELOPMENT DISTRICT*
Sec. 122-706. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 99-67, § 1, 9-14-99)
Sec. 122-707. Establishment of the Mediterra
South Community Develop-
ment District.
The Mediterra South Community Develop-
ment District is hereby established within the
Ed Rogers
Bonita Bay Properties,
Inc.
3451 Bonita Bay
Boulevard, SW, Suite 202
Bonita Springs, FL
34134-4395
Margaret Emblidge
Bonita Bay Properties,
Inc.
3451 Bonita Bay Boule-
vard,
SW, Suite 202
Bonita Springs, FL
34134-4395
Grady Miars
Bonita Bay Properties,
Inc.
3451 Bonita Bay Boule-
vard,
SW, Suite 202
Bonita Springs, FL
34134-4395
3. Charley Nevaril
Bonita Bay Properties,
Inc.
3451 Bonita Bay Boule-
vard,
SW, Suite 202
Bonita Springs, FL
34134-4395
4. Tim'Ibnachio
Bonita Bay Properties,
Inc.
3451 Bonita Bay
Boulevard, SW, Suite 202
Bonita Springs, FL
34134-4395
(Ord. No. 99-67, § 3, 9-14-99)
Sec. 122-709. District name.
The community development district herein
established shall henceforth be known as the
Mediterra South Community Development Dis-
trict.
(Ord. No. 99-67, § 4, 9-14-99)
Sec. 122-710. Statutory provisions govern-
ing district.
The Mediterra South Community Develop-
ment District shall be governed by the provision
of F.S. ch. 190.
(Ord. No. 99-67, § 5, 9-14-99)
*Editor's note —Ord. No. 01-29, § 1, adopted June 12, Sec. 122-711. Legal description.
2001, repealed §§ 122-706-122-710 in their entirety. For-
merly said sections pertained to the Goodland Water District, MEDITERRA SOUTH CDD
specifically definitions; area of the district; district powers;
district assessments and district to succeed the then existing PIPER PARCEL (Collier County)
district, respectively. See the Code Comparative Table. The north half (N 1/2) of the west half (W 1/2) of the
Supp. No. 58 CD122:80
SPECIAL DISTRICTS
west half (W 1/2) of Section 11, Township 48 South,
Range 25 East, Collier County, Florida Contain-
ing 80.57 acres more or less.
and;
KHACHANE PARCEL
North 1/2 of the north 1/2 of the northwest 1/4 of the
southwest 1/4 of Section 11, Township 48 South,
Range 25 East, Collier County, Florida Contain-
ing 10.09 acres more or less.
and;
KHACHANE PARCEL
North 1/2 of the south 1/2 of the northwest 1/4 of the
southwest 1/4 of Section 11, Township 48 South,
Range 25 East, Collier County, Florida Contain-
ing 10.09 acres more or less.
and;
MONTANUS PARCEL
The south 1/2 of the north 1/2 of the northwest 1/4 of
the southwest 1/4 of Section 11, Township 48
South, Range 25 East, Collier County, Florida.
Containing 10.09 acres more or less.
and;
STAPLETON PARCEL
The south 1/2 of the south 1/2 of the northwest 1/4 of
the southwest 1/4 of Section 11, Township 48
South, Range 25 East, saving and reserving the
west 50 feet thereof for roadway purposes for
ingress and egress of grantors and grantees and
adjacent property owners. Containing 10.09 acres
more or less.
and;
DYNABEL PARCEL
The Southeast 1/4 of the Southwest 1/4, less the
South 30 feet thereof, of Section 11, Township 48
South, Range 25 East, Collier County, Florida.
and;
DYNABEL PARCEL continued
The Southeast 1/4 of the Northwest 1/4; The South-
west 1/4 of the Northeast 1/4; The Northwest 1/4 of
the Southeast 1/4; and the Northeast 1/4 of the
Southwest 1/4; Less the North Containing 195
acres more or less.
and;
FIDELITY PARCEL
The North 1/2 of the Southwest 1/4, of the North-
east 1/4 of the Southwest 1/4 of Section 11, Town-
§ 122-711
ship 48 South, Range 25 East, Collier County,
Florida Containing 5 acres more or less.
and;
VOGEL PARCEL
The Northeast 1/4 of the Northwest 1/4 and the
Northwest 1/4 of the Northeast 1/4 of Section 11,
Township 48 South, Range 25 East, Collier County,
Florida. Containing 80.40 Acres more or less.
and;
LIVINGSTON PARCEL
A parcel of land located in Sections 11, 12 and 13,
Township 48 South, Range 25 East, Collier County,
Florida, being more particularly described as fol-
lows:
Beginning at the southeast corner of the south-
west 1/4 of Section 12, Township 48 South,
Range 25 East, Collier County Florida;
thence run North 00°52'07" West along the east
line of said southwest 1/4 of Section 12, for a
distance of 2631.75 feet to the center of said
Section 12;
thence continue North 00°52'07" West along
the east line of the southeast 1/4 of the north-
west 1/4 of said Section 12, for a distance of
1316.77 feet to the northeast corner of the
southeast 1/4 of the northwest 1/4 of said Section
12;
thence run South 88°54'06" West along the
south line of the southeast 1/4 of the northeast
1/4 of the northwest 1/4 of said Section 12, for a
distance of 662.28 feet to the southwest corner
of the southeast 1/4 of the northeast 1/4 of the
northwest 1/4 of said Section 12;
thence run North 00°50'22" West along the
west line of the southeast 1/4 of the northeast 1/4
of the northwest 1/4 of said Section 12, for a
distance of 658.71 feet to the northwest corner
of the southeast 1/4 of the northeast 1/4 of the
northwest 1/4 of said Section 12;
thence run North 88°55'45" East along the
north line of the southeast 1/4 of the northeast
1/4 of the northwest 1/4 of said Section 12, for a
distance of 661.95 feet to the northeast corner
of the southeast 1/4 of the northeast 1/4 of the
northwest 1/4 of said Section 12;
Supp. No. 58 CD122:80.1
§ 122-711 COLLIER COUNTY CODE
thence run North 00°52'07" West along the east
line of the northwest Y4 of said Section 12, for a
distance of 658.39 feet to the northeast corner
of the northwest V4 of said Section 12;
thence run South 88°57'20" West along the
north line of the northwest 1/4 of said Section
12, for a distance of 2646.45 feet to the north-
west corner of the northwest V4 of said Section
12;
thence run South 00°45'07" East along the
west line of the northwest 1/4 of said Section 12,
for a distance of 1319.36 feet to the northeast
corner of the southeast 1/4 of the northeast 1/4 of
Section 11, Township 48 South, Range 25 East;
thence run South 88°54'42" West along the
north line of the southeast 1/4 of the northeast
1/4 of said Section 11, for a distance of 1325.63
feet to the northwest corner of the southeast 1/4
of the northeast 1/4 of said Section 11;
thence run South 00°45'23" East along the
west line of the southeast 1/4 of the northeast 1/4
of said Section 11, for a distance of 1320.39 feet
to the southwest corner of the southeast 1/4 of
the northeast 1/4 of said Section 11;
thence run South 0°45'04" East along the west
line of the northeast 1/4 of the southeast 1/4 of
said Section 11, for a distance of 1321.73 feet to
the southwest corner of the northeast 1/4 of the
southeast 1/4 of said Section 11;
thence run South 88°46'37" West along the
north line of the southwest 1/4 of the southeast
1/4 of said Section 11, for a distance of 1325.33
feet to the northwest corner of the southwest 1/4
of the southeast 1/4 of said Section 11;
thence run South 00°45'39" East along the
west line of the southwest Y4 of the southeast
1/4 of said Section 11, for a distance of 1323.80
feet to the southwest corner of the southeast 1/4
of said Section 11;
thence run North 88°41'15" East along the
south line of the southeast 1/4 of said Section 11,
for a distance of 2650.25 feet to the northwest
corner of Section 13, Township 48 South, Range
25 East;
thence run South 00°43'28" East along the
west line of the northwest 1/4 of said Section 13,
Supp. No. 58 CD122:80.2
4
MIJ
SPECIAL DISTRICTS
for a distance of 675.60 feet to the southwest
corner of the northwest 1/4 of the northwest 1/4
of the northwest 1/4 of said Section 13;
thence run North 88°38'13" East along the
south line of the northwest 1/4 of the northwest
1/4 of the northwest 1/4 of said Section 13, for a
distance of 664.12 feet to the southeast corner
of the northwest 1/4 of the northwest 1/4 of the
northwest 1/4 of said Section 13;
thence run North 00°41'49" West along the east
line of the northwest 1/4 of the northwest 1/4 of
the northwest 1/4 of said Section 13, for a
distance of 675.07 feet to the northeast corner
of the northwest 1/4 of the northwest 1/4 of the
northwest 1/4 of said Section 13;
thence run North 88°41'00" East along the
south line of the southwest 1/4 of Section 12,
Township 48 South, Range 25 East, for a dis-
tance of 1993.31 feet to the Point of Beginning.
Less and excepting therefrom the Northwest 1/4
of the Northwest 1/4 of the Northwest 1/4 of said
Section 13.
Containing 472 acres more or less.
and;
ZEHNER PARCEL
The Northeast 1/4 of the Northeast 1/4 of Section
11, Township 48 South, Range 25 East, Collier
County, Florida, O.R. Book 2211, page 606 Con-
taining 40 acres more or less.
and;
WILSON 10 AC. PARCEL
The North 1/2 of the North 1/2 of the Southwest 1/4
of the Southwest 1/4 of Section 11, Township 48
South, Range 25 East, Collier County, Florida
Containing 10 acres more or less.
and;
AMSTER PARCEL
The South 1/2 of the North 1/2 of the Southwest 1/4
of the Southwest 1/4 of Section 11, Township 48
South, Range 25 East, Collier County, Florida
Containing 10 acres more or less.
and;
PAGE PARCEL
The North 1/2 of the South 1/2 of the Southwest 1/4
§ 122-711
of the Southwest 1/4 of Section 11, Township 48
South, Range 25 East, Collier County, Florida
Containing 10 acres more or less.
Description of Addition to Mediterra South CDD
being a part of Section 12, Township 48 South,
Range 25 East, Collier County, Florida
All that part of Section 12, Township 48 South,
Range 25 East, Collier County, Florida being
more particularly described as follows:
Commencing at the southeast corner of said
Section 12;
thence along the east line of said Section 12,
North 00°59'01" West 200.00 feet to the Point of
Beginning of the parcel herein described thence:
thence leaving said Section line South 88°40'16"
West 2576.35 feet;
thence North 58°38'42" West 55.56 feet;
thence North 02°55'41" West 51.18 feet;
thence North 00°53'22" East 168.77 feet;
thence North 00°04'47" East 782.63 feet;
thence North 00°51'30" West 83.55 feet;
thence South 88°45'49" West 50.00 feet to the
north -south 1/4 line of said Section 12;
thence along said line North 00°51'12" West
1316.19 feet to the center of said Section 12;
thence along the east -west 1/4 line, North
88°51'44" East 1160.07 feet;
thence leaving said east -west 1/4 line and along
the west line of that land described in O.R.
Book 2641, Page 3405, Public Records of Col-
lier County, Florida, North 00°53'36" West 657.34
feet to a point on the south line of the North 1/2
of the SW 1/4 of the NE 1/4 of said Section 12;
thence along said south line, North 88°54'36"
East 165.65 feet to a point on the west line of
that land as described in O.R. Book 1439, Page
1770, Public Records of Collier County, Florida;
thence along said west line North 00054'01"
West 30.03 feet to a point on the south line of
that land as described in O.R. Book 1952, Page
284, Public Records of Collier County, Florida;
Supp. No. 26
CD122:81
§ 122-711 COLLIER COUNTY CODE
thence along said south line, South 88°54'36" Containing 0.91 acres more or less
West 1325.19 feet to the north -south 1/4 line of (Ord. No. 99-67, exh. A, 9-14-99; Ord. No. 2001-38,
said Section 12; exh. A, 6-26-01)
thence along said north -south 1/4 line, North
00°50'59" West 628.30 feet to the northwest
corner of that land as described in O.R. Book
1952, Page 284, Public Records of Collier County,
Florida and a point hereinafter referred to as
Point "B";
Secs. 122-712-122-760. Reserved.
ARTICLE XXVII. CEDAR HAMMOCK
COMMUNITY DEVELOPMENT DISTRICT*
thence along the north line of said land, North Sec. 122-761. Authority for ordinance.
88°55'21" East 1324.63 feet to the northwest
corner of that land as described in O.R. Book This Ordinance is adopted pursuant to F.S.
1439, Page 1770, Public Records of Collier § 190.005(2), and other applicable provisions of
law governing county ordinances.
County, Florida;
(Ord. No. 99-81, § 1, 11-23-99)
thence along said line, North 88°55'21" East
1059.38 feet to a point that is 265 feet west of Sec. 122-762. Establishment of the Cedar
as measured at right angles to the east line of Hammock Community Devel-
said Section 12; opment District.
thence along said line South 00°57'34" East
657.27 feet;
thence continue along said line South 00°58'26"
East 656.84 feet to the east -west 1/4 line of said
Section 12;
thence along said line North 88°51'44" East
264.89 feet to the east 1/4 corner of said Section
12;
thence along the east line of said Section 12,
South 00°59'11" East 2422.79 feet to the Point
of Beginning of the parcel herein described:
Containing 200.42 acres more or less
ALONG WITH QUINN PARCELS FURTHER
DESCRIBED HEREON
Beginning at the aforementioned Point "B";
Thence South 88°54'42" West 662.19 feet;
thence North 00'50'17" West 658.93 feet;
thence North 88°55'53" East 662.05 feet;
thence South 00'50'59" East 658.70 feet to the
Point of Beginning of the parcel herein de-
scribed;
Containing 10.02 acres more or less
Containing 210.44 net acres more or less
Yates parcel not included
The Cedar Hammock Community Develop-
ment District is hereby established within the
boundaries of the real property described in Ex-
hibit "A" (set out herein as section 122-766) and
incorporated by reference herein.
(Ord. No. 99-81, § 2, 11-23-99)
Sec. 122-763. Designation of initial board
members.
The following five persons are herewith desig-
nated to be the initial members of the Board of
Supervisors:
1. Peter Comeau 3. Jeff Ledward
10491 Six Mile Cypress 6249 Presidential Court
Parkway Suite "B"
Suite 101 Ft. Myers, FL 33906
Ft. Myers, FL 33912
2. Constantine Bonitez 4. John F. Stanley
10491 Six Mile Cypress 2600 Airport Road South
Parkway Naples, FL 34104
Suite 101
Ft. Myers, FL 33912
*Editor's note Ord. No. 01-58, § 1, adopted Oct. 23,
2001, repealed §§ 122-761-122-766 in their entirety. For-
merly said sections pertained to creation of MSTU district;
boundaries; governing body; purpose, powers; annual esti-
mates of expenses, taxation rate; and tax assessment, collec-
tion as related to the Retreat Unit One Street Lighting
Municipal Service Taxing District. See the Code Comparative
Table.
1
Supp. No. 26 CD122:82
IN
SPECIAL DISTRICTS § 122-766
5. Joe Grimes
10491 Six Mile Cypress
Parkway
Suite 101
Ft. Myers, FL 33912
(Ord. No. 99-81, § 3, 11-23-99)
Sec. 122-764. District name.
The community development district herein
established shall henceforth be known as the
Cedar Hammock Community Development
District.
(Ord. No. 99-81, § 4, 11-23-99)
Sec. 122-765. Statutory provisions govern-
ing district.
The Cedar Hammock Community Develop-
ment District shall be governed by the provision
of F.S. ch. 190.
(Ord. No. 99-81, § 5, 11-23-99)
Sec. 122-766. Legal description.
DESCRIPTION OF A PARCEL OF LAND LYING
IN SECTION 3, TOWNSHIP 50, RANGE 26
EAST COLLIER COUNTY, FLORIDA
(CEDAR HAMMOCK)
A TRACT OR PARCEL OF LAND, SITUATED
IN THE STATE OF FLORIDA, COUNTY OF
COLLIER, LYING IN SECTION 3, TOWNSHIP
50 SOUTH, RANGE 26 EAST, AND BEING
FURTHER BOUND AND DESCRIBED AS FOL-
LOWS:
BEGINNING AT SOUTHWEST CORNER OF
SECTION 3, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA;
THENCE N. 88056'52" E. ALONG THE
SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 3 FOR 2567.09
FEET TO THE SOUTHEAST CORNER OF
SAID SOUTHWEST QUARTER; THENCE N.
88°56'52" E. ALONG THE SOUTH LINE OF
THE SOUTHEAST QUARTER OF SAID SEC-
TION 3 FOR 2441.77 FEET TO THE WEST
LINE OF A PARCEL AS DESCRIBED IN
OFFICIAL RECORDS BOOK 1945, PAGES
177 AND 178, COLLIER COUNTY PUBLIC
RECORDS; THENCE N. 00°51'56" E. ALONG
THE WEST LINE OF SAID PARCEL FOR
Supp. No. 76
CD 122:83
2778.41 FEET TO THE SOUTH LINE OF
THE NORTHEAST QUARTER OF SAID SEC-
TION 3; THENCE S. 89°19'38" W. ALONG
SAID SOUTH LINE FOR 1827.03 FEET TO
THE SOUTHEAST CORNER OF THE WEST
ONE HALF OF THE WEST ONE HALF OF
THE NORTHEAST QUARTER OF SAID SEC-
TION 3; THENCE N. 00°17'56" E. ALONG
THE EAST LINE OF SAID FRACTION OF
SECTION FOR 704.31 FEET; THENCE S.
89034'06" W. FOR 652.88 FEET TO THE
WEST LINE OF SAID FRACTION OF SEC-
TION; THENCE N. 00°07'06" E. ALONG THE
EAST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 3 FOR 1974.83
FEET TO THE SOUTHEASTERLY RIGHT-
OF-WAY LINE OF DAVIS BOULEVARD (S.R.
84) (150 FEET WIDE) AND AN INTERSEC-
TION WITH A CURVE TO THE LEFT,
HAVING A RADIUS OF 3224.04 FEET AND
TO WHICH INTERSECTION A RADIAL LINE
BEARS N. 13045'10" W.; THENCE
SOUTHWESTERLY ALONG SAID CURVE
AND SAID RIGHT-OF-WAY LINE THROUGH
A CENTRAL ANGLE OF 05030'05" FOR 309.56
FEET TO THE BEGINNING OF A
COMPOUND CURVE TO THE LEFT, HAVING
A RADIUS OF 2789.79 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE
AND SAID RIGHT-OF-WAY LINE THROUGH
A CENTRAL ANGLE OF 40°27'49" FOR
1970.21 FEET; THENCE S. 30°16'56" W.
ALONG SAID RIGHT-OF-WAY LINE FOR
1618.28 FEET TO THE NORTH LINE OF
THE WEST HALF OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 3; THENCE N. 89°19'38"
E. ALONG SAID NORTH LINE FOR 643.12
FEET TO THE NORTHEAST CORNER OF
SAID FRACTION OF SECTION; THENCE S.
00°27'35" E. ALONG THE EAST LINE OF
SAID FRACTION OF SECTION FOR 1403.17
FEET TO THE SOUTHEAST CORNER OF
SAID FRACTION OF SECTION; THENCE S.
89008'20" W. ALONG THE SOUTH LINE OF
SAID FRACTION OF SECTION FOR 646.45
FEET TO THE WEST LINE OF SAID SEC-
TION 3; THENCE S. 00°39'04" E. ALONG
SAID WEST LINE FOR 1405.28 TO THE
POINT OF BEGINNING.
� 122-766
COLLIER COUNTY CODE
PARCEL CONTAINS 417.32 ACRES, MORE
OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS,
RESERVATIONS AND RIGHTS -OF -WAY OF
RECORD.
SUBJECT TO FACTS THAT MAY BE
REVEALED BY AN ACCURATE BOUND-
ARY SURVEY.
BEARINGS ARE BASED ON THE
SOUTHEASTERLY RIGHT-OF-WAY OF
DAVIS BOULEVARD (S.R. 84), AS BEARING
S. 30°16'56" W.
DESCRIPTION PREPARED ON JANUARY 22,
1999.
(Ord. No. 99-81, exh. A, 11-23-99)
Secs. 122-767-122-785. Reserved.
ARTICLE XXVIII. HACIENDA LAKES
COMMUNITY DEVELOPMENT DISTRICT
Sec. 122-786. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 2012-36, § 1)
Sec. 122-787. Establishment of the Hacienda
Lakes Community Develop-
ment District.
The Hacienda Lakes Community Develop-
ment District is hereby established within the
boundaries of the real property described in
Exhibit "B," attached to Ordinance 2018-11, and
incorporated by reference herein.
(Ord. No. 2012-36, § 2; Ord. No. 2018-11, § 2(Exh.
B))
Sec. 122-788. District name.
The community development district herein
established shall henceforth be known as the
"Hacienda Lakes Community Development
District."
(Ord. No. 2012-36, § 3)
Sec. 122-789. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. Gary Hains 2.
Richard Swift, Jr.
3921 Prospect Avenue
Garlick Hilfiker &
Naples, FL 34104
Swift
9115 Corsea del Fon-
tana Way
Suite 100
Naples, FL 34109
3. Clifford Olson 4.
Robert Mulhere
Colonial Square
P.O. Box 1367
Realty
Marco Island, FL
720 Goodlette Road
34146
North
Naples, FL 341202
5. Harold Webre
Coleman, Yovanovich
& Koester, P.A.
4001 Tamiami Trail
N., Suite 300
Naples, FL 34103
(Ord. No. 2012-36, § 4)
Sec. 122-790. Statutory provisions govern-
ing the district.
The Hacienda Lakes Community Develop-
ment District shall be governed by the provisions
of F.S. ch. 190, and all other applicable general
and local law.
(Ord. No. 2012-36, § 5)
Sec. 122-791. Consent to special powers.
Upon the effective date of this Ordinance, the
Hacienda Lakes Community Development District
will be duly and legally authorized to exist and
exercise all of its general powers as limited by
law; and has the right to seek consent from the
Collier County Board of County Commissioners
for the grant of authority to exercise special
powers in accordance with F.S. 190.012(2).
(Ord. No. 2012-36, § 6)
Sec. 122-792. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the following: that the Petitioner, its suc-
cessors and assigns, shall: (1) elect one resident
of the District to the five member Board of
Supervisors at such time as residents begin
Supp. No. 76 CD122:84
7
SPECIAL DISTRICTS § 122-792
occupying homes in the District; and (2) record a
Notice of Assessments containing the specific
terms and
Supp. No. 76
CD122:84.1
SPECIAL DISTRICTS § 122-826
conditions of any special assessments imposed to
secure bonds issued by the District, which notice
shall be recorded immediately after any such
bond issuance. The Board shall retain any and all
rights and remedies available at law and in
equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns.
(Ord. No. 2012-36, § 7)
Secs. 122-793-122-820. Reserved.
ARTICLE XXIX. UNINCORPORATED
COUNTY AREA MUNICIPAL SERVICE
TAXING UNIT —GENERAL
Sec. 122-821. Created; boundaries.
The Unincorporated County Area Municipal
Service Taxing Unit —General (the "unit") is hereby
created and established, consisting of all of the
unincorporated areas of the county, less and ex-
cept all property lying within the incorporated
areas and limits of each of the municipalities
located in the county.
(Ord. No. 80-85, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-822. Governing body.
The Board of County Commissioners, hereinaf-
ter referred to as the "board", shall serve as the
governing body of the unit and shall exercise
those powers prescribed for such units by F.S.
§ 125.01(1)(q).
(Ord. No. 80-85, § 2)
State law reference —Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
Sec. 122-823. Services provided.
The board shall have the power and the author-
ity to cause to be provided or furnished within
said unit any one or more of the following: fire
protection, law enforcement, beach erosion con-
trol, recreation service and facilities, water, streets,
sidewalks, street lighting, garbage and trash col-
lection and disposal, waste and sewage collection
and disposal, drainage, transportation, and other
essential facilities and municipal services to be
paid for by funds derived from service charges,
special assessments or ad valorem taxes obtained
by the county within the unit. The board may, in
its discretion, establish additional municipal ser-
vice taxing units for all or part of the unincorpo-
rated area to provide any of the foregoing, either
as an alternate to providing said service through
the unit established hereby or to provide supple-
mental services in such additional units.
(Ord. No. 80-85, § 1)
Sec. 122-824. Determination of services.
The board shall have the power and authority
to make an annual determination as to the extent
to which nay one or more of the above -identified
essential facilities and municipal services are to
be furnished by the county within the unit during
the next fiscal year of the county and determine
the amount which will be expended therefor by
the county. In making said annual determination,
the board shall provide within the unit only those
essential facilities and municipal services which
are of no real or substantial benefit to the resi-
dents and property within the municipalities of
this county; and no essential facilities or munici-
pal services which are of countywide benefit shall
be included.
(Ord. No. 80-85, § 4)
Sec. 122-825. Appropriations.
The board shall have the power and authority
to make annual appropriations of moneys for the
operation of the unit and for the providing or
furnishing of the services or projects by the county
mentioned in sections 122-823 and 122-824 and
the power and authority to determine and levy
service charges, special assessments or ad va-
lorem taxes, to the extent authorized by law,
solely within the unit for the purpose of providing
and paying for said services or projects.
(Ord. No. 80-85, § 5)
Sec. 122-826. Maintenance of accounts.
All service charges, special assessments or taxes
apportioned to, levied or collected within and
expended for the benefit of the unit shall be
maintained and accounted for in separate ac-
Supp. No. 58 CD122:85
§ 122-826
COLLIER COUNTY CODE
counts or funds for the unit, with proper account-
ing records maintained to identify all receipts,
expenditures and cash balances for the units.
(Ord. No. 80-85, § 6)
Secs. 122-827-122-845. Reserved.
ARTICLE XXX. PLATT ROAD MUNICIPAL
SERVICE BENEFIT UNIT*
Sec. 122-846. Authority.
This Ordinance is adopted pursuant to the
provisions of F.S. ch. 125, and other applicable
law.
(Ord. No. 2014-42, § 1)
Sec. 122-847. Creation of the municipal ser-
vice benefit unit.
There is hereby created and established the
Platt Road Municipal Service Benefit Unit (the
"MSBU"). The boundaries of the MSBU shall
initially be as set forth in Exhibit "A" attached to
Ordinance 2014-42, and incorporated herein by
reference.
(Ord. No. 2014-42, § 2)
Sec. 122-848. Purpose and governing body.
The MSBU is created for the purpose of collect-
ing reimbursement of expenditures made in re-
pairing Platt Road to place it in a condition such
that fire and emergency vehicles can traverse and
provide services to the property owners directly
benefiting from those improvements within the
MSBU. The governing body of the MSBU shall be
the Board.
(Ord. No. 2014-42, § 3)
Sec. 122-849. Funding.
For the purpose of providing funds to carry out
the purpose of the MSBU, the Board shall con-
sider imposition of special assessments in accor-
*Editor's note —Formerly entitled "Unincorporated County
Area MSTU—Road and Bridge" which was repealed by Ord.
No. 98-108, adopted Nov. 24, 1998. See the Code Comparative
Table.
dance with Chapter 122, Article 77, of the Code of
Laws and Ordinances of Collier County, Florida
and other applicable law.
(Ord. No. 2014-42, § 4)
Sec. 122-850. Duties of the county manager.
The duties of the County Manager or his or her
designee shall be: (a) to administer the activities
of the MSBU in accordance with established pol-
icies of the Board, and (b) to coordinate the
imposition of special assessments to provide re-
imbursement of funding for the MSBU in accor-
dance with the guidance provided by the Board.
(Ord. No. 2014-42, § 5)
Secs. 122-851-122-870. Reserved.
ARTICLE XXXI. RIVIERA GOLF ESTATES,
UNIT 1, PHASES 1, 2 AND 3 STREET
LIGHTING MUNICIPAL SERVICE TAXING
DISTRICT
Sec. 122-871. Created.
Pursuant to F.S. ch. 125, the Riviera Golf
Estates, Unit 1, Phases 1, 2 and 3 Street Lighting
Municipal Service Taxing District is hereby cre-
ated for the purpose of providing lighting to the
residents of the district. This district shall be
deemed a municipal service taxing or benefit unit
as the same are delineated by F.S. § 1250.01(1)(q).
(Ord. No. 80-116, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-872. Boundaries.
Supp. No. 58 CD122:86
The district is described as follows:
A portion of Tract G, Riviera Colony Golf Es-
tates —Tract Map, as recorded in Plat Book 10,
pages 104 through 108 inclusive, Public Re-
cords of Collier County, Florida, described as
follows: Beginning at the northeasterly corner
of the right-of-way of Marseille Drive South, as
shown on the plat of Riviera Colony Golf Es-
tates Unit One, as recorded in Plat Book 10,
pages 109-113 inclusive, said Public Records,
being a point common to Tracts C, F and G,
said plat of Riviera Colony Golf Estates —Tract
Map; run the following courses: north 16°00'00"
SPECIAL DISTRICTS § 122-872
east, for 354.25 feet to a point of curvature;
thence 171.76 feet along the arc of a curve,
concave to the west, having a radius of 470.00
feet and subtended by a chord having a length
of 170.80 feet and bearing north 05°31'51" east;
thence north 85°03'42" east, for 100.00 feet to a
point on curve, 35.63 feet along the are of a
curve, concave to the southwest, having a ra-
dius of 570.00 feet and subtended by a chord
having a length of 35.62 feet and bearing north
06°43'44" west; thence south 88°51'22" east, for
60.78 feet, to a point on curve, 29.17 feet along
the arc of a curve, concave to the southwest,
having a radius of 630.00 feet and subtended
by a chord having a length of 29.17 feet and
bearing south 06°15'53" east; thence north
85°03'42" east, for 100.00 feet to a point on
curve, 156.35 feet along the arc of a curve,
concave to the west, having a radius of 730.00
feet and subtended by a chord having a length
of 156.05 feet and bearing south 01°11'50.5"
west; thence south 74°00'00" east, for 46.21
feet; thence north 61°00'00" east, for 28.28 feet;
thence south 74°00'00" east, for 124.26 feet;
thence south 29°00'00" east, for 124.26 feet;
thence south 16°00'00" west, for 124.26 feet;
thence south 61°00'00" west, for 124.26 feet;
thence north 74°00'00" west, for 182.13 feet;
thence south 16°00'00" west, for 81.99 feet;
thence south 64°36'47" east, for 201.35 feet;
thence south 25°23'13" west, for 100.00 feet, to
a point on the south boundary of Tract G;
thence along said south boundary south
64°36'47" east, for 40.00 feet; thence south
25°23'13" west, for 60.00 feet to a point on the
southerly right-of-way of Marseille Drive South
extended; thence north 64°36'47" west along
said right-of-way for 257.43 feet, to a point of
curvature, 206.41 feet along the arc of a curve,
concave to the south, having a radius of 540.00
feet and subtended by a chord having a length
of 205.15 feet and bearing north 75°33'47.5"
west; thence north 03°29'12" east, for 60.00
feet to the point of beginning. Said lands situ-
ate, lying and being in Collier County, Florida,
containing 6.18 acres, more or less; and
A portion of Tract G, Riviera Colony Golf Es-
tates -Tract Map, as recorded in Plat Book 10,
pages 104 through 108 inclusive, Public Re-
cords of Collier County, Florida, described as
Supp. No. 58 CD122:87
follows: Beginning at the West Quarter Corner
of Section 17, Township 50 South, Range 26
East, as shown on the Plat of Riviera Colony
Golf Estates -Unit One as recorded in Plat
Book 10, pages 109 through 113 inclusive, of
the Public Records, Collier County, Florida,
thence run the following courses and distances:
south 00°55'20" east, 19.78 feet to the point of
beginning; thence south 70°30'00" west, for
49.85 feet; thence north 88°51'22" west, for
60.78 feet; thence south 81°28'50" west for
100.00 feet to a point of curvature; thence
308.41 feet along the arc of a curve, concave to
the southwest, having a radius of 470.00 feet
and subtended by a chord having a length of
302.91 feet and bearing north 27°19'05" west,
to a point of reverse curvature; thence 832.67
feet along the arc of a curve, concave to the
east, having a radius of 530.00 feet and
subtended by a chord having a length of 749.64
feet and bearing north 01°06'32" west; thence
south 46°06'04" east, for 10.00 feet; thence
south 63°07'50" east, for 94.13 feet; thence
north 43°53'56" east, for 180.01 feet; thence
south 46°06'04" east, for 60.00 feet; thence
south 43°53'56" west, for 167.57 feet; thence
south 46°06'04" east, for 100.0 feet; thence
south 43°53'56" west for 40.00 feet to a point of
curvature; thence 398.39 feet along the arc of a
curve, concave to the east, having a radius of
270.00 feet and subtended by a chord having a
length of 363.22 feet and bearing south
O1°37'43.5" west; thence north 52°06'00" east,
for 167.83 feet; thence north 07°06'00" east, for
28.28 feet; thence north 52°06'00" east, for
124.26 feet; thence south 82°54'00" east, for
124.26 feet; thence south 37°54'00" east, for
124.26 feet; thence south 09°44'25" west, for
150.47 feet; thence south 64°30'00" east, for
143.04 feet; thence south 19°30'00" east, for
124.26 feet; thence south 25°30'00" west, for
124.26 feet; thence south 70°30'00" west, for
124.26 feet; thence north 64°30'00" west, for
28.28 feet; thence south 70°30'00" west, for
211.58 feet to the point of beginning. Said lands
situate, lying and being in Collier County,
Florida. Containing 11.22 acres, more or less;
and
A portion of Tract G, Riviera Colony Golf Es-
tates -Tract Map, as recorded in Plat Book 10,
v
§ 122-872
COLLIER COUNTY CODE
pages 104 through 108 inclusive, Public Re-
cords of Collier County, Florida, described as
follows: Beginning at the southwest corner of
the northwest quarter of the northwest quarter
of Section 17, Township 50 South, Range 26
East, as shown on the Plat of Riviera Colony
Golf Estates Tract Map as recorded in Plat
Book 10, pages 104 through 108 inclusive, of
the Public Records of Collier County, thence
run the following course: south 89°08'18" east,
along the northeast boundary of Tract G, for
1279.38 feet; thence south 00°29'57" east, con-
tinuing along said boundary for 651.50 feet;
thence through Tract G, south 89°30'03" west,
for 110.00 feet; thence south 71°03'57" west, for
63.24 feet; thence south 89°30'03" west, for
82.50 feet; thence south 56°58'17" west, for
18.60 feet to a point on the boundary of Tract G;
thence along said boundary south 89°30'03"
west, for 156.82 feet to a point of curvature;
thence 418.34 feet along the arc of a curve,
concave to the northeast, having a radius of
940.00 feet and subtended by a chord having a
length of 414.89 feet and bearing north
77°44'58.5" west, to a point of tangency; thence
north 65°00'00" west, for 467.51 feet to a point
of curvature; thence 148.10 feet along the are of
a curve, concave to the northeast, having a
radius of 540.00 feet and subtended by a chord
having a length of 147.64 feet and bearing
north 57°08'35" west; thence north 43°53'56"
east, for 10.02 feet; thence north 46*06'04'
west, for 60.00 feet; thence south 43*53'56"
west, for 10.02 feet to a point of curvature;
thence 98.51 feet along the arc of a curve,
concave to the northeast having a radius of
540.00 feet and subtended by a chord having a
length of 98.37 feet and bearing north 37°41'24.5"
west; thence, through Tract G north 59°32'10"
east, for 110.00 feet; thence north 43°19'37"
east, for 83.14 feet; thence north 25°00'00"
east, for 110.05 feet to the point of beginning.
Said lands situate, lying and being in Collier
County, Florida. Containing 18.85 acres, more
or less.
(Ord. No. 80-116, § 2)
Sec. 122-873. Governing body.
The governing body of the district shall be ex
officio the Board of County Commissioners.
(Ord. No. 80-116, § 3)
State law reference —Similar provisions, F.S. § 125.01(2).
Sec. 122-874. Purpose; powers.
The district is formed for the purpose of pro-
viding street lighting in the above -described sub-
division and to that end shall possess all the
powers to do all things reasonably necessary to
provide such services, including ownership or
rental of property, poles, wires, conduits, lights,
meters, and the power to maintain the same and
to enter into contracts for providing the same and
the electric current to operate any lighting system
therein installed.
(Ord. No. 80-116, § 4)
Sec. 122-875. Annual estimates of expenses;
taxation rate.
For the purpose of carrying into effect this
article, the Board of County Commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
district for the next fiscal year, which shall be
from October 1 to and including September 30
following. The estimate shall have for what pur-
pose the moneys are required and the amount
necessary to be raised by taxation within the
district. 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
property within the district subject to taxation a
millage sufficient to meet the requirements of the
estimate; however, the total millage shall not
exceed the millage authorized by law for munici-
pal service taxing or benefit units.
(Ord. No. 80-116, § 5)
Sec. 122-876. Tax assessment, collection.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 80-116, § 6)
Supp. No. 58 CD122:88
SPECIAL DISTRICTS
Secs. 122-877-122-895. Reserved.
ARTICLE XXXII. 42nd AVENUE SE
MUNICIPAL SERVICE TAXING UNIT*
Sec. 122-896. Authority.
This Ordinance is adopted pursuant to the
provisions of F.S. § 125.01, and F.S. Ch. 200, and
other applicable provisions of Law.
(Ord. No. 2021-47, § 1)
Sec. 122-897. Creation of the Municipal
Service Taxing Unit.
There is hereby created and established the
42nd Avenue SE Municipal Service Taxing Unit
hereinafter referred to as the "MSTU." The
properties within the Municipal Service Taxing
Unit and its boundaries are as described on the
composite Exhibit "A" and Exhibit "B" attached
to Ord. No. 2021-47, that is incorporated by
reference.
(Ord. No. 2021-47, § 2)
Sec. 122-898. Purpose and Governing
Body.
The MSTU is created for the purpose of
levying assessments and repaying the County
for the repairs made to the road. The governing
body of the MSTU shall be the Board of County
Commissioners of Collier County, Florida.
(Ord. No. 2021-47, § 3)
Sec. 122-899. 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 1st to and including
September 30th following. The estimate shall
describe the purpose for which the moneys are
*Editor's note —Prior to the inclusion of Ord. No. 2021-
47, former Art. XXXII, §§ 122-896-122-900 entitled "Fid-
dler's Creek Municipal Rescue and Fire Services Taxing
Unit", was repealed by Ord. No. 2017-05, § 1, adopted Feb.
28, 2017.
§ 122-920
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 of County Commis-
sioners shall fix and cause to be levied on all
properties within the MSTU, subject to taxation,
a millage rate not to exceed 1.0 mils for the first
two years and no more than 5.0 mils per year
thereafter.
(Ord. No. 2021-47, § 4)
Sec. 122-900. Tax Assessment and Collec-
tion.
Taxes herein provided for shall be assessed
and collected in the same manner and form as
provided for the assessment and collection of
general County taxes and subject to the same
fees for assessing and collecting as general County
taxes.
(Ord. No. 2021-47, § 5)
Sec. 122-901. Duties of the County
Manager or His Designee.
The duties of the County Manager or his or
her designee shall be:
A. To aid and assist the Board of County
Commissioners in carrying out the
purposes of the MSTU in accordance
with established practices and policies of
the Board of County Commissioners and
as set forth in this Ordinance.
B. To prepare and recommend to the Board
of County Commissioners an itemized
annual budget of the amount of money
required to carry out the business of the
MSTU for the next fiscal year.
C. To provide period written reports to the
Board of County Commissioners of the
activities of the MSTU and its finances
in accordance with the established guid-
ance provided of the Board of County
Commissioners.
(Ord. No. 2021-47, § 6)
Secs. 122-902-122-920. Reserved.
Supp. No. 102 CD122:89
§ 122-921
COLLIER COUNTY CODE
ARTICLE XXXIII. PINE RIDGE
INDUSTRIAL PARK MUNICIPAL
SERVICES TAXING AND BENEFIT UNIT
DIVISION 1. GENERALLY
Sec. 122-921. Creation, purpose, taxing
authority.
(a) The Pine Ridge Industrial Park Municipal
Services Taxing and Benefit Unit (the "unit") is
hereby created, with boundaries described as
follows:
Section 11, Township 49 South, Range 25
East.
(b) The unit hereby created and established is
for the purpose of exercising those powers
authorized by F.S. ch. 125, and other applicable
laws.
(Ord. No. 81-94, § 1)
State law reference —Authority to create municipal
service taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-922. Governing board, powers
and duties.
The governing body of the unit shall be the
Board of County Commissioners, with the power
and duty to conduct the affairs of the unit as
prescribed by state law.
(Ord. No. 81-94, § 2)
State law reference —Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
Secs. 122-923-122-935. Reserved.
DIVISION 2. ADDITIONAL,
SUPPLEMENTAL METHODS
Sec. 122-936. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Assessable improvements means that portion
or portions of improvements of a local nature and
of benefit to the premises or lands served thereby.
Assessment bonds means bonds or other obliga-
tions secured by and payable from special assess-
ments levied against benefited lands.
Cost, as applied to the acquisition and construc-
tion of any improvements authorized by the
board, includes the cost of construction or
reconstruction, acquisition or purchase, the cost
of all labor, materials, machinery and equip-
ment, cost of all lands and interest therein,
property, rights, easements and franchises of
any nature whatsoever, financing charges, inter-
est prior to and during construction and for not
more than two years after completion of the
construction or acquisition of such improve-
ments, and creation of initial reserve or debt
service funds, bond discount, cost of plans and
specifications, cost of construction plans, surveys
and estimates of costs and revenues, cost of
engineering, financial and legal services, and all
other expenses necessary or incidental in
determining the feasibility or practicability of
such construction, reconstruction or acquisition,
administrative expenses and such other expenses
as may be necessary or incidental to financing
authorized by this division; and including
reimbursement of the county or any other person
for any moneys advanced to the unit for any
expenses incurred by the unit or county in
connection with any of the foregoing items of
cost, or the creation of the unit.
Plans and specifications means preliminary
drawings and specifications which shall show
the location, size and nature of the improve-
ments. A description of the kind and quantities
of major material items shall be shown.
Unit means the Pine Ridge Industrial Park
Municipal Service Taxing and Benefit Unit cre-
ated by this article.
(Ord. No. 85-32, § 1)
Cross reference —Definitions generally, § 1-2.
Sec. 122-937. Construction of assessable
improvements; levying of
special assessments.
The unit may provide for the construction or
reconstruction of assessable improvements and
Supp. No. 102 CD122:90
SPECIAL DISTRICTS
for the levying of special assessments upon
benefited property for the payment thereof, under
the provisions of this section.
(1) The initial proceeding shall be the pas-
sage by the board of a resolution ordering
the construction or reconstruction of such
assessable improvements, indicating the
lo-
§ 122-937
[The next page is CD122:1091
Supp. No. 102 CD122:91
SPECIAL DISTRICTS § 122-937
cation by terminal points and routes and
clerk; and the other duplicate shall be re -
either giving a description of the improve-
tained by the engineer in his files, all
ments by its material, nature, character and
thereof to remain open to public inspection.
size or giving two or more descriptions with
the directions that the material, nature,
(3) The clerk upon the filing with him of such
character and size shall be subsequently de-
plans, specifications, estimates and tenta-
termined in conformity with one of such
tive apportionment of cost shall publish
descriptions. The improvements need not
once in a newspaper of general circulation,
be continuous and may be in more than one
published in the county, a notice stating
locality or street. The resolution ordering
that at a meeting of the board on a certain
any such improvement may give any short
day and hour, not earlier than 15 days from
and convenient designation to each im-
such publication or posting, the board will
provement ordered thereby.
hear objections of all interested persons to
the confirmation of such resolution, which
(2) As soon as possible after the passage of such
notice shall state in brief and general terms
resolution the county engineer shall pre-
a description of the proposed assessable im-
pare in duplicate plans and specification for
provements with the location thereof, and
each improvement ordered thereby and an
shall also state that plans, specifications,
estimate of the cost thereof. Such cost shall
estimates and a tentative apportionment of
include, in addition to the items of cost, the
cost thereof are on file with the clerk. In
following items of incidental expenses:
addition to the published notice described
a. Printing and publishing notices and
above, the clerk shall mail a copy of the
proceeding;
notice by first class mail to each property
b. Costs of abstracts of title; and
owner to be assessed. Notice shall be mailed
to the is
C. Any other expense necessary or proper
owner at such address as shown on
the tax rolls. The failure of the clerk to mail
in conducting the proceedings and work
such notice shall not constitute a valid ob-
provided for in this section, including
jection to holding the hearing as provided
the estimated amount of discount, if
in this section or to any other action taken
any, upon the sale of assessment bonds
under the authority of this section.
or any other obligations issued here
under for which such special assess-
(4) At the time named in such notice, or to
ments are to be pledged. If the resolu-
which an adjournment may be taken by the
tion shall provide alternative
board, the board shall receive any objec-
descriptions of material, nature, char-
tions of interested persons and may then or
acter and size, such estimate shall in-
thereafter repeal or confirm such resolu-
clude an estimate of the cost of the im-
tion with such amendments, if any, as may
provement of each such description.
be desired by the board and which do not
cause any additional property to be spe-
The engineer shall also prepare in dupli-
cially assessed. Assessments shall be levied
cate a tentative apportionment of the esti-
against all property in the unit specially
mated total cost of the improvements as be-
benefited by the improvements. Such as-
tween the unit and each lot or parcel of
sessment shall be based on frontage, and/or
land subject to special assessment under the
any other method deemed equitable by the
resolution. Such tentative apportionment of
board.
total estimated cost shall not be held to limit
or restrict the duties of the engineer in the
(5) All objections to any such resolution on the
preparation of the preliminary assessment
grounds that it contains items which cannot
roll. One of the duplicates of such plans,
be properly assessed against property, or
specifications and estimates and such ten-
that it is, for any default or defect in the
L, tative apportionment shall be filed with the
passage or character of the resolution or
CD122:109
§ 122.937 COLLIER COUNTY CODE `+
the plans or specifications or estimate, void
or voidable in whole or in part, or that it
exceeds the power of the board, shall be
made either in writing, and filed with the
clerk at or before the time or adjourned time
of such hearing, or shall be made orally at
the hearing. Any objections not so made
shall be considered as waived; and if any
objection shall be made and overruled or
shall not be sustained, the confirmation of
the resolution shall be the final adjudica-
tion of the issues presented unless proper
steps shall be taken in a court of competent
jurisdiction to secure relief within 20 days
from the date of board action on the reso-
lution.
(6) Whenever any resolution providing for the
construction or reconstruction of assessable
improvements and for the levying of spe-
cial assessments upon benefited property
for the payment thereof shall have been con-
firmed, as hereinabove provided, or at any
time thereafter, the board may issue assess-
ment bonds payable out of such assessments
when collected. Said bonds shall mature not
later than two years after the last install-
ment in which said special assessments may
be paid, as provided in subsection (11) of
this section, and shall bear interest at not
exceeding the maximum amount permitted
by law.
Such assessment bonds shall be executed,
shall have such provisions for redemption
prior to maturity and shall be sold in the
manner prescribed herein. The amount of
such assessment bonds to be issued shall
not exceed the amount of special assess-
ments actually confirmed and levied by the
board as provided in subsection (4) of this
section.
(7) At any time after the passage of the reso-
lution authorizing the construction or re-
construction of assessable improvements
has been confirmed as provided in subsec-
tion (4) of this section, the board may pub-
lish at least once in a newspaper of general
circulation, published in the county, a no-
tice calling for sealed bids to be received by
the board on a date not earlier than 15 days
from the first publication for the construc-
tion of the work. The notice shall refer in
general terms to the extent and nature of
the improvement or improvements. Bids
may be requested for the work as a whole
or for any part thereof separately. The board
shall have the right to reject any or all bids,
and if all bids are rejected the board may
readvertise or may determine to do the work
by county forces without contract.
(8) Promptly after the completion of the work,
the county engineer, who is hereby desig-
nated as the official to make the prelimi-
nary assessment of benefits from assess-
able improvements, shall prepare a
preliminary assessment roll and file the
same with the clerk, which roll shall con-
tain the following:
a. A description of abutting lots and par-
cels of land or lands within the unit
which will benefit from such assess-
able improvements and the amount of
such benefits to each such lot or parcel
of land. Such lots and parcels shall in-
clude the property of the county and
any school district or other political sub-
division. There shall also be given the
name of the owner of record of each lot
or parcel as shown on the tax rolls.
b. The total cost of the improvement and
the amount of incidental expense.
(9) The preliminary roll shall be advisory only
and shall be subject to the action of the
board as hereinafter provided. Upon the
filing with the clerk of the preliminary as-
sessment roll, the clerk shall publish at
least once in a newspaper of general circu-
lation, published in the county, and circu-
lating in the district, a notice stating that
at a meeting of the board to be held on a
certain day and hour, not less than 15 days
from the date of such publication, which
meeting may be a regular, adjourned or spe-
cial meeting, all interested persons may ap-
pear and file written objections to the con-
firmation of the preliminary assessment
roll. Such notice shall describe the assess-
able improvements and the location thereof.
CD122:110
L
\1,
SPECIAL DISTRICTS
§ 122-937
(10) At the time and place stated in such notice,
that the board may provide that any assess -
the board shall meet and receive the objec-
ment may be paid at any time before due,
tions in writing of all interested persons as
together with interest accrued thereon to
stated in such notice. The board may ad-
the date of payment, if such prior payment
journ the hearing from time to time. After
shall be permitted by the proceedings au -
the completion thereof, the board shall ei-
thorizing any assessment bonds or other ob-
ther annul or sustain or modify in whole or
ligations for the payment of which such spe-
in part the preliminary assessment as in-
cial assessments have been pledged.
dicated on such roll, either by confirming
the preliminary assessment against any or
a. All such special assessments may be
all lots or parcels described therein or by
collected by the tax collector at the
canceling, increasing or reducing the same,
same time as the ad valorem taxes of
according to the special benefits which the
the unit and general county taxes are
board decided each such lot or parcel has
collected by the tax collector if the
received or will receive on account of such
board shall, prior to the confirmation
improvement. If any property which may
of the resolution ordering the improve -
be chargeable under this section shall have
ments pursuant to subsection (4) hereof,
been omitted from the preliminary roll or if
have entered into an agreement with
the preliminary assessment shall not have
the property appraiser and otherwise
been made against it, the board may place
met the requirements of F.S. §
on such roll an apportionment to such prop-
197.0126.
erty. The board shall not confirm any as-
b. All assessments shall constitute a lien
sessment in excess of the special benefits to
upon the property so assessed from the
the property assessed, and the assessments
date of confirmation of the resolution
so confirmed shall be in proportion to the
ordering the improvement, of the same
special benefits. Forthwith after such con-
firmation, such assessment roll shall be de-
nature and to the same extent as the
livered to the clerk. The assessment so made
lien for general county taxes falling due
shall be final and conclusive as to each lot
in the same year or years in which such
or parcel assessed unless proper steps are
assessments or installments thereof fall
taken within 30 days in a court of compe-
due; and any assessment or installment
tent jurisdiction to secure relief. If the as-
not paid when due shall be collectible
sessment against any property shall be sus-
with such interest and with a reason-
tained or reduced or abated by the court,
able attorney's fees and costs, but
the clerk shall note that fact on the assess-
without penalties, by the unit by pro-
ment roll opposite the description of the
ceedings in a court of equity to fore -
property affected thereby.
close the lien or assessments as a lien
(11) Any assessment may be paid at the office of
for mortgages is or may be foreclosed
the clerk within 30 days after the confir-
under the laws of the state; provided
mation thereof, without interest. Thereafter
that any such proceedings to foreclose
all assessments shall be payable in equal
shall embrace all installments of prin-
installments, with interest at not exceeding
cipal remaining unpaid with accrued
the maximum rate permitted by law, or, if
interest thereon, which installments
bonds are issued pursuant to this division,
shall, by virtue of the institution of such
at a rate not to exceed one percent above
proceedings, immediately become due
the rate of interest at which such bonds are
and payable. The collection procedure
sold, from the expiration of said 60 days in
described herein shall be an additional
each of the succeeding number of years
or alternative method to the method of
which the board shall determine by resolu-
collection described in subsection a. of
tion, not exceeding 40; provided, however,
this subsection.
CD122:111
§ 122-937 COLLIER COUNTY CODE
c. Nevertheless, if prior to any sale of the
chaser to the same extent as an indi-
property under decree of foreclosure in
vidual person or corporation, except
such proceedings, payment be made of
that the part of the purchase price rep -
the installment or installments which
resented by the assessments sued upon
are shown to be due under the provi-
and the interest thereon need not be
sions of the resolution passes pursuant
paid in cash. Property so acquired by a
to subsection (10) of this section, and
unit may be sold or otherwise disposed
by this subsection, and all costs, in-
of, the proceeds of such disposition to
cluding interest and attorney's fees,
be placed in such fund as provided by
such payment shall have the - effect of
any resolution authorizing the issuance
restoring the remaining installments
of assessment bonds; provided, how-
to their original maturities as provided
ever, that no sale or other disposition
by the resolution passed pursuant to
thereof shall be made unless the notice
this subsection; and the proceedings
calling for bids thereof to be received
shall be dismissed.
at a stated time and place shall have
d. It shall be the duty of the board to en-
been published in a newspaper of gen-
force the prompt collection of assess-
eral circulation, published in the
ment by the means herein provided,
county, at least 20 days prior to such
and such duty may be enforced at the
disposition.
suit of any holder of bonds issued under
this division in a court of competent
(12) All assessments and charges made under
jurisdiction by mandamus or other ap-
the provisions of this section for the pay-
propriate proceedings or action.
ment of all or any part of the cost of any —�
e. Not later than 30 days after the an-
assessable improvements for which assess-
nual installments are due and payable
ment bonds shall have been issued under
it shall be the duty of the board to di-
the provisions of this division, or which have
rect the attorney or attorneys whom
been pledged as additional security for any
the board shall then designate, to in-
other bonds or obligations issued under this
stitute action within two months after
division, shall be used for the payment of
such direction to enforce the collection
principal of or interest on such assessment
of all special assessments for assess-
bonds or such other bonds or obligations.
able improvements made under this
section and remaining due and unpaid
(13) The county and the school district and any
at the time of such direction. Such ac-
other political subdivision wholly or partly
tion shall be prosecuted in the manner
within the unit shall possess the same
and under the conditions in and under
power and be subject to the same duties
which mortgages are foreclosed under
and liabilities in respect to assessment
the laws of the state.
under this section affecting the real estate
f. It shall be lawful to join in one action
of such county, school district or other po-
the collection of assessments against
litical subdivision which private owners of
any or all property assessed by virtue
real estate possess or are subject hereunder;
of the same assessment roll unless the
and such real estate of any such county,
court shall deem such joinder prejudi-
school district and political subdivision shall
cial to the interest of any defendant.
be subject to liens for said assessments in
The court shall allow a reasonable at-
all cases where the same property would be
torney's fee for the attorney or attor-
subject to such liens had it at the time the
neys of the unit, and the same shall be
lien attached been owned by a private
collectible as a part of or in addition to
owner.
the costs of the action.
--�,
g. At the sale pursuant to decree in any
(14) If any special assessment made under the
such action, the unit may be a pur-
provisions of this division to defray the
CD122:112
SPECIAL DISTRICTS
whole or any part of the expense of any
such improvement shall be deemed by the
board to be inadequate to meet the obliga-
tion owed to bondholders, the board may
adjust the duration of and the interest pen-
alty on installment payments of the assess-
ment so that payments of special assess-
ments shall be sufficient to satisfy the
contractual obligation owed by the unit to
bondholders. However, such adjustment
shall not have the effect of increasing the
special assessment of any property, in-
cluding the effect of increasing the amount
of assessment of any property in proportion
to the amount of benefits conferred on that
property, nor shall such adjustment in-
crease the interest rate or the installment
payment period beyond the interest rate and
payment period set forth in subsection (11)
of this section. Further, the board, in ad-
justing the interest rates and the period of
payment of assessments, shall follow the
provisions of this section providing for no-
tice and hearing to interested persons and
providing for passage of resolutions estab-
lishing special assessments.
(15) Notwithstanding any provision in this sec-
tion to the contrary:
a. The county may add an amount to each
installment of an assessment equal to
the estimated prorata share of the costs
of collecting the assessments, including,
without limitation:
1. The estimated amount of discount
which the property owners may re-
ceive if the assessment install-
ments are placed on the tax roll
pursuant to F.S. § 197.3631; and
2. Amounts owing to the tax collector
for placing such installments on
the tax roll;
b. Subsequent to issuance of bonds, the
assessments may only be prepaid in
whole provided interest thereon is paid
to the next date on which such bonds
may be redeemed in accordance with
the terms of the resolution authorizing
the bonds;
§ 122-938
c. Proceeds of assessments may be used
to pay collection and administration
costs and to fund a debt service reserve
account in addition to paying principal
of, redemption premium, if any, and in-
terest on assessment bonds;
d. The county shall establish by resolu-
tion the procedure by which bills will
be sent out, the amount of the install-
ments, the amount of interest accruing
thereon (including the period of time
during which an assessment will ac-
crue interest) and all other related mat-
ters;
e. To the extent of any conflict between
the provisions of this section and the
ad valorem tax roll collection proce-
dure in F.S. § 197.3631, the provisions
of this section shall be superseded by
such statute; and
f. If not prepaid, special assessments may
be payable in equal principal install-
ments or equal principal and interest
installments or in such other manner
as may be provided by resolution.
(Ord. No. 85-32, § 2; Ord. No. 93-58, § 1; Ord. No.
93-46, § 1)
Sec. 122.938. Bonds.
The board for and on behalf of the unit is au-
thorized to provide from time to time for the issu-
ance of assessment bonds to pay all or part of the
cost of improvements. The principal of and in-
terest on any such bonds shall be payable from
the pledge of special assessment levied pursuant
to this division or by a pledge of the full faith and
credit of the unit, if such full faith and credit
pledge be authorized by referendum. The bonds
shall be dated, shall bear interest at such rate or
rates as shall not exceed the maximum rate per-
mitted by law, shall mature at such time or times
not exceeding 40 years from their date or dates as
may be determined by the board and may be made
redeemable before maturity, at the option of the
board, under such terms and conditions and at
such prices as may be fixed by the board prior to
the issuance of such bonds. The board shall deter-
mine and form of the bonds, including any in-
terest coupons to be attached thereto, and shall
CD122:113
§ 122-938 COLLIER COUNTY CODE
fix the denomination or denominations of the
bonds and the place or places of payment of prin-
cipal and interest, which may be at any bank or
trust company within or without the state. Such
authorizing resolution may further provide that
such bonds may be executed manually or by the
engraved, lithographed or facsimile signature of
the chairman of the board. The seal of the county
may be affixed or lithographed, engraved or oth-
erwise reproduced in facsimile on such bonds and
shall be attested by the manual or facsimile sig-
nature of the clerk. In case any officer whose sig-
nature or a facsimile of whose signature shall ap-
pear on the bonds shall cease to be such officer
before the delivery of such bonds, such signature
or facsimile shall nevertheless be valid and suffi-
cient for all purposes the same as if he had re-
mained in office until such delivery. All bonds
issued under the provisions of this division shall
be and constitute and have all the qualities and
incidents of negotiable instruments under the law
merchant and the negotiable instruments law of
the state. The bonds may be issued in coupon or
registered form as the board may determine in
such authorizing resolution; and provision may
be made for the registration of any coupon bonds
as to principal alone and also as to principal and
interest, and for the reconversion of coupon bonds
or of any bond registered as to principal and in-
terest. The issuance of such bonds shall not be
subject to any limitations or conditions contained
in any other law; and the board may sell such
bonds in such manner, either at public or private
sale, and for such price, as it may determine to be
for the best interest of the unit; but no such sale
shall be made at a price so low as to require the
payment of interest on money received therefor at
a rate in excess of the maximum rate permitted
by law, computed with relation to the absolute
maturity of the bonds in accordance with stan-
dard tables of bond values, excluding, however,
from such computation the amount of any pre-
mium to be paid for the redemption of any bonds
prior to maturity.
(Ord. No. 85-32, § 3)
Sec. 122-939. Provisions supplemental.
This division shall be supplemental to the ordi-
nance creating the Pine Ridge Industrial Munic-
ipal Service Taxing and Benefit Unit. The provi-
sions of this division shall be deemed to be an
additional and supplemental method of providing
the municipal services the unit is authorized by
state law to provide.
(Ord. No. 85-32, § 4)
Secs. 122-940-122.960. Reserved.
ARTICLE XXXIV. RAILHEAD
INDUSTRIAL PARK STREET LIGHTING
MUNICIPAL SERVICE TAXING UNIT
Sec. 122.961. Created.
Pursuant to F.S. ch. 125, the Railhead Indus-
trial Park Street Lighting Municipal Service
Taxing Unit is hereby created for the purpose of
providing lighting to the residents of the unit.
This unit shall be deemed a municipal service
taxing or benefit unit as the same are delineated
by F.S. § 125.01(1)(q).
(Ord. No. 81-77, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-962. Boundaries.
The unit created by this article is described as
follows:
A parcel of land lying in the northeast quarter
of Section 10, Township 48 South, Range 25
East, Collier County, Florida, being more par-
ticularly described as follows:
Commencing at the intersection of the north
line of the north one-half of the north one-half
of the south one-half of the northeast quarter of
said Section 10 and the easterly right-of-way
line of County Road 887 (Old U.S. 41); thence
north 89°47'40" east 549.96 feet to a point on
the westerly right-of-way line of the Seaboard
Coastline Railroad, said point being on a curve
concave to the east and having a radius of
22983.3 feet; thence southwesterly along the arc
of said curve through a central angle of
00°27'58" for an arc distance of 186.97 feet;
thence south 89°50'10" west 70.00 feet; thence
500.00 feet along the arc of a curve, concave to
the east, having a radius of 23,053.3 feet and
CD122:114
SPECIAL DISTRICTS
subtended by a chord having a length of 499.99
feet; thence south 89°50'10" west 706.64 feet
to the easterly right-of-way line of County Road
887; thence north 31°22'30" east along said
right-of-way line a distance of 775.38 feet to the
point of commencing.
Said parcel contains 9.29 acres.
(Ord. No. 81-77, § 2)
Sec. 122-963. Governing body.
The governing body of the unit shall be ex of
ficio the board of county commissioners.
(Ord. No. 81-77, § 3)
State law reference —Similar provisions, F.S. § 125.01(2).
Sec. 122.964. Purpose, powers.
The unit is formed for the purpose of providing
street lighting in the above -described subdivision
and to that end shall possess all the powers to do
all things reasonably necessary to provide such
services, including ownership or rental of prop-
erty, poles, wires, conduits, lights, meters and the
power to maintain the same and to enter into con-
tracts for providing same and the electric current
to operate any lighting system therein installed.
(Ord. No. 81-77, § 4)
Sec. 122.965. Annual estimates of expenses;
taxation rate.
For the purpose of carrying into effect this ar-
ticle the board of county commissioners shall an-
nually, 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
unit for the next fiscal year, which shall be from
October 1 to and including September 30 following.
The estimate shall have for what purpose the
moneys are required and the amount necessary to
be raised by taxation within the unit. 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 property within the unit subject to
taxation a millage sufficient to meet the require-
ments of the estimate; however, the total millage
shall not exceed the millage authorized by law for
municipal service taxing or benefit units.
(Ord. No. 81-77, § 5)
§ 122-987
Sec. 122.966. Tax assessment, collection.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for as-
sessing and collecting as general county taxes.
(Ord. No. 81-77, § 6)
Secs. 122.967-122-985. Reserved.
ARTICLE XXXV. COLLIER COUNTY
PRODUCTION PARK STREET LIGHTING
MUNICIPAL SERVICE TAXING UNIT
Sec. 122-986. Created.
Pursuant to F.S. ch. 125, the Collier County
Production Park Street Lighting Municipal Ser-
vice Taxing Unit is hereby created for the purpose
of providing lighting to the residents of the unit.
This unit shall be deemed a municipal service
taxing or benefit unit as the same are delineated
by F.S. § 125.01(1)(q).
(Ord. No. 81-79, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122.987. Boundaries.
The unit created by this article is described as
follows:
Commencing at the southeast corner of Section
36, Township 49 South, Range 25 East, Collier
County, Florida, run north 00° 15'42" east along
the east line of said Section 36 a distance of
50.01 feet to a point on the northerly right-
of-way line of Radio Road and the point of be-
ginning; thence continue north 00°15'42" east
1924.60 feet; thence south 89°18'34" west
200.00 feet; thence north 00°15'42" east 54.55
feet; thence south 89°18'34" west 60.00 feet to
a point of curvature of a nontangent curve;
thence 38.85 feet along the arc of a curve, con-
cave to the northwest, having a radius of 25.00
feet and subtended by a chord having a length
of 35.06 feet and bearing south 44°47'08" west
to a point of tangency; thence south 89°18'34"
west 279.51 feet to a point of curvature; thence
39.65 feet along the arc of a curve, concave to
CD122:115
§ 122-987 COLLIER COUNTY CODE
the northeast, having a radius of 25.00 feet and
subtended by a chord having a length of 35.62
feet and bearing north 45° 15'29" west to a non -
tangent line; thence south 88°35'14" west 60.03
feet to a point of curvature of a nontangent
curve; thence 38.89 feet along the arc of a curve,
concave to the northwest, having a radius of
25.00 feet and subtended by a chord having a
length of 35.09 feet and bearing south 44° 44'31 "
west to a point of tangency; thence south
89°18'34" west 339.14 feet to a point of curva-
ture; thence 39.61 feet along the arc of a curve,
concave to the northeast, having a radius of
25.00 feet, and subtended by a chord having a
length of 35.59 feet and bearing north 45' 18'09"
west to a nontangent line; thence south
88°40'26" west 60.02 feet; thence north
00°05'08" east 437.36 feet; thence north
89°54'55" west 220.55 feet; thence south
00°05'08" west 525.00 feet; thence north
89°18'34" east 195.21 feet to a point of curva-
ture; thence 39.61 feet along the arc of a curve,
concave to the southwest, having a radius of
25.00 feet and subtended by a chord having a
length of 35.59 feet and bearing south 45° 18'09"
east to a nontangent line; thence north
88°39'02" east 60.02 feet to a point of curva-
ture of a nontangent curve; thence 38.93 feet
along the arc of a curve, concave to the south-
east, having a radius of 25.00 feet and sub-
tended by a chord having a length of 35.12 feet
and bearing north 44°41'51" east to a point of
tangency; thence north 89°18'34" east 338.97
feet to a point of curvature; thence 39.65 feet
along the arc of a curve, concave to the south-
west, having a radius of 25.00 feet and sub-
tended by a chord having a length of 35.62 feet
and bearing south 45°15'29" east to a point of
tangency; thence south 00°10'28" west 603.27
feet; thence south 89°16'06" west 10.00 feet;
thence south 00° 10'28" west 1267.31 feet to the
northerly right-of-way line of Radio Road (C-
858); thence north 89' 11' 10" east along said
right-of-way line a distance of 656.57 feet to the
point of beginning.
(Ord. No. 81-79, § 2)
Sec. 122.988. Governing body.
The governing body of the unit shall be ex of-
ficio the board of county commissioners..
(Ord. No. 81-79, § 3)
State law reference -Similar provisions, F.S. § 125.01(2).
Sec. 122-989. Purpose, powers.
The unit is formed for the purpose of providing
street lighting in the above -described subdivision
and to that end shall possess all the powers to do
all things reasonably necessary to provide such
services, including ownership or rental of prop-
erty, poles, wires, conduits, lights, meters and the
power to maintain the same and to enter into con-
tracts for providing same and the electric current
to operate any lighting system therein installed.
(Ord. No. 81-79, § 4)
Sec. 122.990. Annual estimates of expenses;
taxation rate.
For the purpose of carrying into effect this ar-
ticle, the board of county commissioners shall an-
nually, 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
unit for the next fiscal year, which shall be from
October 1 to and including September 30 following.
The estimate shall have for what purpose the
moneys are required and the amount necessary to
be raised by taxation within the unit. 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 property within the unit subject to
taxation a millage sufficient to meet the require-
ments of the estimate; however, the total millage
shall not exceed the millage authorized by law for
municipal service taxing or benefit units.
(Ord. No. 81-79, § 5)
Sec. 122-991. Tax assessment, collection.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for as-
sessing and collecting as general county taxes.
(Ord. No. 81-79, § 6)
Secs. 122-992-122.1010. Reserved.
ARTICLE XXXVI. TALL PINES
SUBDIVISION STREET LIGHTING
MUNICIPAL SERVICE TAXING UNIT
Sec. 122.1011. Created.
Pursuant to F.S. ch. 125, the Tall Pines Subdi-
vision Street Lighting Municipal Service Taxing
&0
CD 122:116
SPECIAL DISTRICTS
Unit is hereby created for the purpose of pro-
viding lighting to the residents of the unit. This
unit shall be deemed a municipal service taxing
or benefit unit as the same are delineated by F.S.
§ 125.01(1)(q).
(Ord. No. 82-13, § 1)
Sec. 122-1012. Boundaries.
The unit created by this article is described as
follows:
Tall Pines Subdivision as recorded in Plat Book
12, pages 70 through 71 inclusive of the Public
Records of Collier County, Florida.
(Ord. No. 82-13, § 2)
Sec. 122.1013. Governing body.
The governing body of the unit shall be ex of
ficio the board of county commissioners.
(Ord. No. 82-13, § 3)
State law reference —Similar provisions, F.S. § 125.01(2).
Sec. 122.1014. Purpose, powers.
The unit is formed for the purpose of providing
street lighting in the above -described subdivision
and to that end shall possess all the powers to do
all things reasonably necessary to provide such
services including ownership or rental of prop-
erty, poles, wires, conduits, lights, meters, and
the power to maintain the same and to enter into
contracts for providing the same and the electric
current to operate any lighting system therein
installed.
(Ord. No. 82-13, § 4)
Sec. 122-1015. Annual estimate of expenses;
taxation rate.
For the purpose of carrying into effect this ar-
ticle, the board of county commissioners shall an-
nually, 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
unit for the next fiscal year, which shall be from
October 1 to and including September 30 following.
The estimate shall have for what purpose the
moneys are required and the amount necessary to
be raised by taxation within the unit. At the time
and place for fixing the annual rate of taxation for
county purposes, the board shall fix and cause to
§ 122-1036
be levied on all property within the unit subject to
taxation a millage sufficient to meet the require-
ments of the estimate; however, the total millage
shall not exceed the millage authorized by law for
municipal service taxing or benefit units.
(Ord. No. 82-13, § 5)
Sec. 122.1016. Tax assessment, collection.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for as-
sessing and collecting as general county taxes.
(Ord. No. 82-13, § 6)
Secs. 122.1017-122.1035. Reserved.
ARTICLE XXWII. COLLIER MOSQUITO
CONTROL DISTRICT*
Sec. 122.1036. Boundaries; taxation.
(a) The boundary of the Collier Mosquito Con-
trol District shall include the following area:
All unplatted lands lying east of the westerly,
north -south section line of Sections 18 and 19,
Township 52 South, Range 27 East and the
platted lands lying in Goodland Isles, the First
Addition and the Second Addition as recorded
in Plat Book 6, page 7; Plat Book 8, pages 1 and
2; and Plat Book 8, page 19, respectively; and
all lands lying in Goodland Heights Amended
and First Addition as recorded in Plat Book 1,
page 85 and Plat Book 4, page 18, respectively;
and all lands lying in Pettit Subdivision as re-
corded in Plat Book 2, page 88 of the Public
Records of Collier County, Florida; all commonly
known as Goodland.
(b) All taxable property within this district shall
be taxed in accordance with, and for the purposes
authorized by, F.S. ch. 388, at the millage rate
*Special act reference —Special acts pertaining to Collier
Mosquito Control District, § 262-306 et seq.
State law reference —Mosquito control districts, F.S. ch.
388.
CD122:117
§ 122-1036 COLLIER COUNTY CODE
established for the district by the Collier Mos-
quito Control District Board of Commissioners.
(Ord. No. 82-46, § 1; Ord. No. 83-27, § I)
State law reference —Authority to alter boundaries of mos-
quito control districts, F.S. § 388.211.
Secs. 122-1037-122-1055. Reserved.
ARTICLE XXXVIII. CRESCENT LAKE
ESTATES STREET LIGHTING
MUNICIPAL SERVICE TAXIING UNIT
Sec. 122-1056. Created; boundaries.
Pursuant to F.S. ch. 125, the Crescent Lake Es-
tates Street Lighting Municipal Service Taxing
Unit is hereby created for the purpose of pro-
viding street lighting to the residents of the area
hereinafter described:
The southwest quarter of the southwest quarter
of Section 25, Township 48 South, Range 25
East, Collier County, Florida; except therefrom
the west 100 feet; said land also described as
follows: Commencing at the southwest corner of
Section 25, Township 48 South, Range 25 East,
Collier County, Florida; thence along the south
line of said Section 25, 89°03'36" east 100.01
feet to the east line of the west 100.00 feet to
the southwest quarter of said section 25 and the
point of beginning of the land to be platted;
thence along the east line of the west 100.00
feet of the southwest quarter of said Section 25,
north 0°00'03" west 1329.64 feet; thence along
the north line of the southwest quarter of the
southwest quarter of said Section 25, south
89°06'02" east 1234.31 feet; thence along the
east line of the southwest quarter of the south-
west quarter of said Section 25, south 0°08'12"
east 1330.57 feet; thence along the south line of
said Section 25, north 89°03'36" west 1237.32
feet to the point of beginning; being a part of
the southwest quarter of the southwest quarter
of Section 25, Township 48 South, Range 25
East, Collier County, Florida; containing 37.73
acres more or less.
(Ord. No. 82-66, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1057. Governing body.
The governing body of the unit shall be ex of-
ficio the board of county commissioners.
(Ord. No. 82-66, § 2)
State law reference —Similar provisions, F.S. § 125.01(2).
Sec. 122-1058. Purposes, powers.
The unit is formed for the purpose of providing
street lighting in the above -described subdivision
and to that end shall possess all the powers to do
all things reasonably necessary to provide such
services, including ownership or rental of prop-
erty, poles, wires, conduits, lights, meters, and
the power to maintain the same and to enter into
contracts for providing the same and the electric
current to operate any lighting system therein
installed.
(Ord. No. 82-66, § 3)
Sec. 122.1059. Annual estimate of expenses;
taxation rate.
For the purpose of carrying into effect this ar-
ticle, the board of county commissioners shall an-
nually, 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
unit for the next fiscal year, which shall be from
October 1 to and including September 30 following.
The estimate shall have for what purpose the
moneys are required and the amount necessary to
be raised by taxation within the unit. 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 property within the unit subject to
taxation a millage sufficient to meet the require-
ments of the estimate; however, the total millage
shall not exceed the millage authorized by law for
municipal service taxing or benefit units.
(Ord. No. 82-66, § 4)
Sec. 122-1060. Tax assessment, collection.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for as-
sessing and collecting as general county taxes.
(Ord. No. 82-66, § 5)
CD122:118
SPECIAL DISTRICTS
Secs. 122-1061-122-1080. Reserved.
ARTICLE XKXIDL GOLDEN GATE
BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT
Sec. 122-1081. Authority.
This article is adopted pursuant to F.S. chs.
125, 165 and 200; and other applicable provisions
of law (hereinafter referred to as the "Act").
(Ord. No. 83-55, § 1)
Sec. 122-1082. Creation; boundaries.
There is hereby created and established the
Golden Gate Beautification Municipal Service Tax-
ing Unit (hereinafter referred to as the "MSTU").
The boundaries of the MSTU are as follows:
Beginning at the intersection of the north right-
of-way line of Green Boulevard and the east
right-of-way line of County Road 951; thence
southerly along the east right-of-way line of
County Road 951 to the south easement line of
Golden Gate Canal; thence westerly along the
south easement line of the Golden Gate Canal
to the west right-of-way of Santa Barbara Bou-
levard; thence northerly along the west right-
of-way line of Santa Barbara Boulevard to the
north right-of-way line of Green Boulevard;
thence easterly along the north right-of-way
line of Green Boulevard to the east right-of-
way line of County Road 951 and the point of
beginning. The M.S.T.U. shall include all lands
located within the above described boundaries
and the M.S.T.U. shall be bounded on the north
by the north line of Green Boulevard; bounded
on the east by the east line of County Road 951;
bounded on the south by the south line of the
Golden Gate Canal; bounded on the west by the
west line of Santa Barbara Boulevard; all within
Collier County, Florida.
(Ord. No. 83-55, § 2; Ord. No. 96-51, § 1, 9-3-96)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1083. Purposes and governing body.
The MSTU is created for the purpose of provid-
ing general landscape improvements within the
road right-of-way such as; curbing, watering fa-
§ 122-1084
cilities, plantings, accent lighting and mainte-
nance for portions Golden Gate Parkway, Santa
Barbara Boulevard, County Road 951, Green Bou-
levard, Tropicana Boulevard, Sunshine Boule-
vard, Hunter Boulevard, Coronado Parkway, and
Lucerne Road that are located within the bound-
aries of the Golden Gate Beautification Municipal
Service Taxing Unit.
The governing body of the MSTU shall be the
board of county commissioners.
(Ord. No. 83-55, § 3; Ord. No. 96-51, § 2, 9-3-96)
State law reference —Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
Sec. 122-1084. Advisory committee, duties,
responsibilities.
(a) Authority to designate. The board of county
commissioners shall be resolution designate an
advisory committee composed of residents from
within the unit with advisory authority in the
business affairs of the unit and such other duties
as may be assigned from time to time by the
governing body of the MSTU.
(b) Creation confirmed. Subsections (b) through
0) of this section are enacted pursuant to chapter
2, article VIII, division 2 of this Code to confirm
the creation of the Golden Gate Beautification
Advisory Committee, hereinafter referred to as
the "committee."
(c) Appointment and composition.
(1) The commission shall consist of five mem-
bers, which representation shall consist of
one member from each of the five voting
precincts which are located within the
unit.
(2) Members of the committee shall be ap-
pointed by and serve at the pleasure of
the board of county commissioners. Said
members shall be residents and electors
within the boundaries of the Golden Gate
Beautification Municipal Service Taxing
Unit (hereinafter referred to as "unit").
(3) Appointment of members to the commit-
tee shall be by resolution of the board of
county commissioners, which resolution
Supp. No. 5
CD122:119
§ 122-1084 COLLIER COUNTY CODE
shall set forth the date of appointment, resolutions, reports and exhibits shall be
the term of office and the voting precinct submitted to the board of county commis -
the member resides within. sioners.
(d) Terms of office.
(1) The initial terms of office of the commit-
tee members shall be as follows:
a. Members appointed from precinct 119
and 120 for a term of three years.
b. Members appointed from precincts
121 and 126 for a term of two years.
C. Member appointed from precinct 127
for a term of one year.
(2) Thereafter, each appointment or reappoint-
ment shall be for a term of four years.
Appointments to fill any vacancies on the
committee shall be for the remainder of
the unexpired term of office.
(e) Removal from office; failure to attend meet-
ings. Any member of the committee may be re-
moved from office by a majority vote of the board
of county commissioners. If any member of the
committee fails to attend three consecutive com-
mittee meetings without satisfactory excuse, or if
a member is absent for more than one-half of the
committee's meetings in a given calendar year,
the committee shall declare the member's seat to
be vacant and the vacancy shall be filled by the
board of county commissioners.
(f) Officers; quorum; rules of procedure.
(1) At its earliest opportunity, the member-
ship of the committee shall elect a chair-
man and vice-chairman from among the
members. Officers' terms shall be for one
year, with eligibility for reelection.
(2) The presence of three or more members
shall constitute a quorum of the commit-
tee necessary to take action and transact
business.
(g) Compensation. Members of the committee
shall serve without compensation, but may be
entitled to receive reimbursement for expenses
reasonably incurred in the performance of their
duties upon prior approval of the board of county
commissioners.
(h) Functions, powers and duties. The func-
tions, powers and duties of the committee shall be
as follows:
(1) To aid and assist the board of county
commissioners in carrying out the pur-
poses of the unit as st forth in this article.
(2)
(3) The committee shall, by majority vote of
the entire membership, adopt rules of
procedure for the transaction of business (3)
and shall keep a written record of meet-
ings, resolutions, findings and determina-
tions. Copies of all committee minutes,
To prepare and recommend to the board of
county commissioners an itemized budget
of the amount of money required to carry
out the business of the committee for the
next fiscal year. In carrying out this re-
sponsibility, the committee shall, no later
than April 1 each year, meet the county
public works administrator or his desig-
nee and outline to the administrator those
projects which the committee wishes to
see accomplished during the next fiscal
year. Based upon this information, the
administrator or his designee shall pre-
pare a proposed budget for the unit, in
accordance with standard county guide-
lines regarding the preparation of bud-
gets. This proposed budget shall then be
reviewed by the committee and upon ap-
proval by the committee by transmitted
through the public works administrator
to the board of county commissioners for
adoption in accordance with the proce-
dures for the adoption of budgets set forth
under general law and board of county
commissioners' policy. Should the commit-
tee fail to approve a budget by May 1 of
each year, the county manager shall be
authorized to submit a proposed budget to
the board of county commissioners.
To adopt and amend guidelines to govern
their operation and the operation of the
unit, however, such guidelines shall not
be inconsistent with this article, chapter
Supp. No. 5 CD122:120
SPECIAL DISTRICTS
2, article VIII, division 2 of this Code, or
the ordinance establishing the unit, and
shall be subject to approval by the Board
of County Commissioners.
(4) To recommend work programs and priori-
ties to the county public works administra-
tor in accordance with the adopted budget
or budget amendments which may be
adopted by the Board of County Commis-
sioners in accordance with law. The execu-
tion of work programs shall be under the
direct supervision and responsibility of
the public works administrator or his
designee. Said work may be performed
under contract (in accordance with law)
or by county forces.
(i) Duties of public works administrator. The
duties of the county public works administrator
shall be:
(1) To administer the activities of the unit in
accordance with established policies of
the Board of County Commissioners, and
guidelines adopted by the committee.
(2) To prepare the annual budget in
accordance with subsection (h)(2) of this
section.
(3) To provide periodic written reports to the
committee, the county manager and the
Board of County Commissioners on the
activities of the unit and its finances.
(4) To attend all committee meetings.
0) Review process. This committee shall be
reviewed once every four years commencing with
1989, in accordance with the procedures contained
in chapter 2, article VIII, division 2 of this Code.
(Ord. No. 83-55, § 4; Ord. No. 87-78, §§ 1-9;
Ord. No. 96-50, §§ 1, 2, 9-3-96)
Cross reference —Boards, commissions, committees and
authorities, § 2-816 et seq.
Sec. 122-1085. Funding and levy of taxes.
The curbing, watering facilities, plantings and
maintenance program designated pursuant to
section 122-1083 shall be provided from taxes
within the MSTU only. Pursuant to the author-
ity of F.S. § 200.065, the governing body of the
MSTU is authorized to levy in excess of the
§ 122-1107
rolled -back millage rate computed pursuant to
F.S. § 200.065(1), provided such levy has been
approved by majority vote of the qualified elec-
tors in the MSTU voting in an election called for
such purpose. The levy, not to exceed one-half
mill, shall be for the purposes specified in section
122-1083. Such taxes shall be levied and col-
lected at the same time and in the same manner
as provided by law for county taxes. The property
appraiser and the tax collector of the county are
specifically authorized and directed to take all
necessary and desirable action in furtherance of
this section.
(Ord. No. 83-55, § 5)
Sec. 122-1086. Millage referendum.
A referendum of the qualified electors resid-
ing in the MSTU is by concurrent resolution
called to be held on March 13, 1984, to determine
whether or not an MSTU tax millage, not to
exceed one-half mill, shall be levied to provide
curbing, watering facilities, plantings, accent
lighting and maintenance for that portion of
Golden Gate lying between Santa Barbara
Boulevard and State Road 951.
(Ord. No. 83-55, § 6; Ord. No. 96-51, § 3, 9-3-96)
Secs. 122-1087-122-1105. Reserved.
ARTICLE XL. GOODLAND STREET
LIGHTING MUNICIPAL SERVICE TAXING
UNIT
Sec. 122-1106. Authority for this article.
This article is adopted pursuant to F.S. chs.
125, 165 and 200; and other applicable provi-
sions of law (hereinafter referred to as the "Act").
(Ord. No. 84-74, § 1)
Sec. 122-1107. Creation; boundaries.
There is hereby created and established the
Goodland Street Lighting Municipal Service
Taxing Unit (hereinafter referred to as the
"MSTU"). The boundaries of the MSTU are as
follows:
All that parcel of land in Sections 18 and 19,
Township 52 South, Range 27 East, Collier
Supp. No. 85 CD122:121
§ 122-1107
COLLIER COUNTY CODE
County, Florida, and lying south and west of
the Marco River and lying north of Blue Hill
Creek.
(Ord. No. 84-74, § 2)
State law reference —Authority to create municipal
service taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1108. Purposes and governing
body.
The MSTU is created for the purpose of
providing street lighting for all platted and
unplatted areas within Goodland, and to do all
things reasonably necessary to provide said light-
ing within said MSTU The governing body of the
MSTU shall be the Board of County Commission-
ers.
(Ord. No. 84-74, § 3)
State law reference Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
Sec. 122-1109. Funding and levy of taxes.
The street lighting program designated pursu-
ant to section 122-1108 shall be provided from
taxes within the MSTU only. Pursuant to the
authority of F.S. § 200.065, the governing body of
the MSTU is authorized to levy in excess of the
rolled -back millage rate computed pursuant to
F.S. § 200.065(1), provided such levy has been
approved by majority vote of the qualified elec-
tors in the MSTU voting in an election called for
such purpose. The levy, not to exceed one mill,
shall be for the purposes specified in section
122-1108. Such taxes shall be levied and col-
lected at the same time and in the same manner
as provided by law for county taxes. The property
appraiser and the tax collector of the county are
specifically authorized and directed to take all
necessary and desirable action in furtherance of
this section.
(Ord. No. 84-74, § 4)
Secs. 122-1110-122-1130. Reserved.
ARTICLE XLI. BLUE SAGE DRIVE
MUNICIPAL SERVICE TAXING UNIT
Sec. 122-1131. Authority.
This Ordinance is adopted pursuant to the
provisions of F.S. § 125.01, and F.S. ch. 200, and
other applicable provisions of Law.
(Ord. No. 2019-19, § 1)
Sec. 122-1132. Creation of the Municipal
Service Taxing Unit.
There is hereby created and established the
Blue Sage Drive Municipal Service Taxing Unit
hereinafter referred to as the "MSTU." The proper-
ties within the Municipal Service Taxing Unit
and its boundaries are as described on the
attached composite Exhibit "A" and Exhibit "B"
that is incorporated by reference.
(Ord. No. 2019-19, § 2)
Sec. 122-1133. Purpose and Governing Body.
The MSTU is created for the purpose of
levying assessments and repaying the County
for the repairs made to the road. The governing
body of the MSTU shall be the Board of County
Commissioners of Collier County, Florida.
(Ord. No. 2019-19, § 3)
Sec. 122-1134. 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. 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 of County Commis-
sioners shall fix and cause to be levied on all
properties within the MSTU, subject to taxation,
a millage rate not to exceed 3.0 mils per year.
(Ord. No. 2019-19, § 4)
'- - Supp. No. 85 CD122:122
Sec. 122-1135. Tax Assessment and Collec-
tion.
Taxes herein provided for shall be assessed
and collected in the same manner and form as
provided for the assessment and collection of
general County taxes and subject to the same
fees for assessing and collecting as general County
taxes.
(Ord. No. 2019-19, § 5)
Sec. 122-1136. Duties of the County
Manager or His Designee.
The duties of the County Manager or his or
her designee shall be:
A. To aid and assist the Board of County
Commissioners in carrying out the
purposes of the MSTU in accordance
with established practices and policies of
the Board of County Commissioners and
as set forth in this Ordinance.
B. To prepare and recommend to the Board
of County Commissioners an itemized
annual budget of the amount of money
required to carry out the business of the
MSTU for the next fiscal year.
C. To provide period written reports to the
Board of County Commissioners of the
activities of the MSTU and its finances
in accordance with the established guid-
ance provided of the Board of County
Commissioners.
(Ord. No. 2019-19, § 6)
Secs. 122-1137—122-1155. Reserved.
ARTICLE XLII. PRIVATE ROAD
EMERGENCY REPAIR MUNICIPAL
SERVICE TAXING UNIT
Sec. 122-1156. Authority.
This Ordinance is adopted pursuant to the
provisions of F.S. § 125.01 and F.S. ch. 200, and
other applicable provisions of law.
(Ord. No. 2023-71, § 1)
Sec. 122-1157. Creation of the Municipal
Service Taxing Unit.
There is hereby created and established the
Private Road Emergency Repair Municipal Service
Taxing Unit, hereinafter referred to as the
"MSTU." The property subject to the MSTU shall
be all properties abutting or adjacent to the
unpaved, private roads identified in Exhibit A,
which have been deemed impassable by the local
fire district, the Collier County Sheriff's Office,
or Collier County.
(Ord. No. 2023-71, § 2)
Sec. 122-1158. Purpose and Governing
Body.
The MSTU is created for the purpose of
providing emergency repairs to the unpaved,
private roads in Collier County identified in
Exhibit A, which the local fire districts, the
Collier County Sheriff's Office, or Collier County
has deemed impassable to emergency vehicles
and such disrepair is a danger to the health,
safety, and welfare to the citizens of Collier
County. The roads shall be repaired only to the
extent that they are made passable to emergency
vehicles. Such repair does not designate
acceptance of maintenance beyond the purpose
stated herein, nor does it designate an owner-
ship interest in the road by the County.
The governing body of the MSTU shall be the
Board of County Commissioners of Collier County,
Florida.
(Ord. No. 2023-71, § 3)
Sec. 122-1159. 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
the following September 30. The estimate shall
describe the purpose for which the monies 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 of County Commis-
§ 122-1159SPECIAL DISTRICTS
CD122:123Supp. No. 113
sioners shall fix and cause to be levied on all
properties within the MSTU, subject to taxation,
a millage rate not to exceed one (1) mil per year.
(Ord. No. 2023-71, § 4)
Sec. 122-1160. Tax Assessment and Collec-
tion.
Taxes herein provided for shall be assessed
and collected in the same manner and form as
provided for the assessment and collection of
general County taxes and subject to the same
fees for assessing and collecting as general County
taxes.
(Ord. No. 2023-71, § 5)
Sec. 122-1161. Duties of the County
Manager or Designee.
The duties of the County Manager or designee
are as follows:
1. To aid and assist the Board in carrying
out the purposes of the MSTU in
accordance with established practices and
policies of the Board of County Commis-
sioners and as set forth in this Ordinance;
2. To prepare and recommend to the Board
an itemized annual budget of the amount
of money required to carry out the busi-
ness of the MSTU for the next fiscal year;
3. To provide periodic written reports to the
Board of the activities of the MSTU and
its finances in accordance with established
guidelines of the Board.
(Ord. No. 2023-71, § 6)
Secs. 122-1162—122-1180. Reserved.
ARTICLE XLIII. NAPLES PRODUCTION
PARK MUNICIPAL SERVICE TAXING AND
BENEFIT UNIT
Sec. 122-1181. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Assessable improvements means that portion
or portions of improvements of a local nature and
of benefit to the premises or lands served thereby.
Assessment bonds means bonds or other obliga-
tions secured by and payable from special assess-
ments levied against benefited lands.
Cost as applied to the acquisition and construc-
tion of any improvements authorized by the
board shall include the cost of construction or
reconstruction, acquisition or purchase, the cost
of all labor, materials, machinery and equip-
ment, cost of all lands and interest therein,
property, rights, easements and franchises of
any nature whatsoever, financing charges, inter-
est prior to and during construction and for not
more than two years after completion of the
construction or acquisition of such improve-
ments, and creation of initial reserve or debt
service funds, bond discount, cost of plans and
specifications, cost of construction plans, surveys
and estimates of costs and revenues, cost of
engineering, financial and legal services, and all
other expenses necessary or incidental in
determining the feasibility or practicability of
such construction, reconstruction or acquisition,
administrative expenses and such other expenses
as may be necessary or incidental to financing
authorized by this article; and including
reimbursement of the county or any other person
for any moneys advanced to the unit for any
expenses incurred by the unit or county in
connection with any of the foregoing items of
cost, or the creation of the unit.
Plans and specifications means preliminary
drawings and specifications which shall show
the location, size and nature of the improve-
ments. A description of the kind and quantities
of major material items shall be shown.
Unit means the Naples Protection Park
Municipal Service Taxing and Benefit Unit cre-
ated by this article.
(Ord. No. 85-39, § 5)
Cross reference—Definitions generally, § 1-2.
§ 122-1159 COLLIER COUNTY CODE
CD122:124Supp. No. 113
Sec. 122-1182. Creation, boundaries.
There is hereby created the Naples Production
Park Municipal Service Taxing and Benefit Unit.
The unit shall include all lands within the
following boundaries:
Section 36, Township 49 South, Range 25
West, Collier County, Florida, less and except
the following described real estate: Commenc-
ing at the northwest corner of Section 36,
Township 49 South, Range 25 East, Collier
County, Florida; thence along the north line of
said Section 36, north 89°24'44" east 661.65
feet of said Section 36 and the place of begin-
ning of the parcel herein described; thence
continuing along the north line of said Section
36, north 89°24'44" east 1984.95 feet to the
north quarter corner of said Section 36; thence
continuing along the north line of said Section
36 north 89°06'30" east 2136.2 feet to a point
which lies 510.00 feet of west of the northeast
corner of said Section 36; thence parallel with
the east line of said Section 36, Section 0°00'36"
east 637.60 feet to the north line of the south
2005.80 feet of the northeast quarter of said
Section 36; thence along said north line of the
south 2005.80 feet of the northeast quarter of
said Section 36, south 89°21'02" west 2135.18
feet to the north and south quarter line of said
Section 36; thence along the north line of the
south 2005.80 feet of the northwest quarter of
Section 36, south 89°21'02" west 1979.94 feet
to the east line of the west half of the west half
of the northwest quarter of said Section 36;
thence along said east line of the west half of
the west half of the northwest quarter of said
Section 36, north 0°32'58" west 630.66 feet to
the place of beginning; being a part of the
north half of Section 36, Township 49 South,
Range 25 East, Collier County, Florida; subject
to a road easement for ingress and egress over
the south 570.66 feet of the west 30.00 feet
thereof; subject to a road easement for ingress
and egress over the south 577.60 feet of the
east 60.00 feet thereof; subject to a road
easement over the south 30.00 feet thereof;
subject to utility easements to the Florida
Power and Light Company; subject to ease-
ments and restrictions of record; containing
59.69 acres of land more or less.
(Ord. No. 85-39, § 1)
State law reference—Authority to create municipal
service taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1183. Purpose.
The unit hereby created is for the purpose of
exercising those powers authorized by F.S. ch.
125 and other applicable law.
(Ord. No. 85-39, § 2)
§ 122-1183SPECIAL DISTRICTS
CD122:124.1Supp. No. 113
SPECIAL DISTRICTS
Sec. 122.1184. Governing board.
The board of county commissioners shall be the
governing board of the unit, with power and au-
thority to conduct the affairs of the unit as pre-
scribed by state law.
(Ord. No. 85-39, § 3)
State law reference —Board of county commissioners to be
governing body of unit, F.S. § 125.01(2).
Sec. 122.1185. Levy of taxes.
The unit may levy ad valorem taxes on real
property within the unit as authorized by state
law.
(Ord. No. 85-39, § 4)
Sec. 122-1186. Construction of improve-
ments; levying of special as-
sessments.
The unit may provide for the construction or
reconstruction of assessable improvements as de-
fined in section 112-1182, and for the levying of
special assessments upon benefited property for
the payment thereof, under the provisions of this
section.
(1) The initial proceeding shall be the passage
by the board of a resolution ordering the
construction or reconstruction of such as-
sessable improvements, indicating the lo-
cation by terminal points and routes and
either giving a description of the improve-
ments by its material, nature, character and
size or giving two or more descriptions with
the directions that the material, nature,
character and size shall be subsequently de-
termined in conformity with one of such
descriptions. The improvements need not
be continuous and may be in more than one
locality or street. The resolution ordering
any such improvement may give any short
and convenient designation to each im-
provement ordered thereby.
(2) As soon as possible after the passage of such
resolution, the county engineer shall pre-
pare in duplicate plans and specifications
for each improvement ordered thereby and
an estimate of the cost thereof. Such cost
§ 122-1186
shall include, in addition to the items of
cost, the following items of incidental ex-
penses:
a. Printing and publishing notices and
proceedings;
b. Costs of abstracts of title; and
c. Any other expenses necessary or proper
in conducting the proceedings and work
provided for in this section, including
the estimated amount of discount, if
any, upon the sale of assessment bonds
or any other obligations issued here-
under for which such special assess-
ments are to be pledged. If the resolu-
tion shall provide alternative
descriptions of material, nature, char-
acter and size, such estimate shall in-
clude an estimate of the cost of the im-
provement of each such description.
The engineer shall also prepare in dupli-
cate a tentative apportionment of the esti-
mated total cost of the improvements as be-
tween the unit and each lot or parcel of
land subject to special assessment under the
resolution. Such tentative apportionment of
total estimated cost shall not be held to limit
or restrict the duties of the engineer in the
preparation of the preliminary assessment
roll. One of the duplicates of such plans,
specifications and estimates and such ten-
tative apportionment shall be filed with the
clerk; and the other duplicate shall be re-
tained by the engineer in his files, all
thereof to remain open to public inspection.
(3) The clerk, upon the filing with him of such
plans, specifications, estimates and tenta-
tive apportionment of cost, shall publish
once in a newspaper of general circulation,
published in the county, a notice stating
that at a meeting of the board on a certain
day and hour, not earlier than 15 days from
such publications or posting, the board will
hear objections of all interested persons to
the confirmation of such resolution, which
notice shall state in brief and general terms
a description of the proposed assessable im-
provements with the location thereof, and
shall also state that plans, specifications,
CD122:125
§ 122.1186 COLLIER COUNTY CODE
estimates and a tentative apportionment of
cost thereof are on file with the clerk. In
addition to the published notice described
above, the clerk shall mail a copy of the
notice by first class mail to each property
owner to be assessed. Notice shall be mailed
to the owner at such address as is shown on
the tax rolls. The failure of the clerk to mail
such notice shall not constitute a valid ob-
jection to holding the hearing as provided
in this section or to any other action taken
under the authority of this section.
(4) At the time named in such notice, or to
which an adjournment may be taken by the
board, the board shall receive any objec-
tions of interested persons and may then or
thereafter repeal or confirm such resolu-
tion with such amendments, if any, as may
be desired by the board and which do not
cause any additional property to be spe-
cially assessed. Assessments shall be levied
against all property in the unit specially
benefited by the improvements. Such as-
sessment shall be based on frontage and/or
any other method deemed equitable by the
board.
(5) All objections to any such resolution on the
grounds that it contains items which cannot
be properly assessed against property, or
that it is, for any default or defect in the
passage or character of the resolution or
the plans or specifications or estimate, void
or voidable in whole or in part, or that it
exceeds the power of the board, shall be
made either in writing, and filed with the
clerk at or before the time or adjourned time
of such hearing, or shall be made orally at
the hearing. Any objections not so made
shall be considered as waived; and if any
objection shall be made and overruled or
shall not be sustained, the confirmation of
the resolution shall be the final adjudica-
tion of the issues presented unless proper
steps shall be taken in a court of competent
jurisdiction to secure relief within 20 days
from the date of board action on the reso-
lution.
(6) Whenever any resolution providing for the
construction or reconstruction of assessable
improvements and for the levying of spe-
cial assessments upon benefited property
for the payment thereof shall have been con-
firmed, as hereinabove provided, or at any
time thereafter, the board may issue assess-
ment bonds payable out of such assessments
when collected. Said bonds shall mature not
later than two years after the last install-
ment in which said special assessments may
be paid, as provided in subsection (11) of
this section, and shall bear interest at not
exceeding the maximum amount permitted
by law.
Such assessment bonds shall be executed,
shall have such provisions for redemption
prior to maturity and shall be sold in the
manner prescribed herein. The amount of
such assessment bonds to be issued shall
not exceed the amount of special assess-
ments actually confirmed and levied by the
board as provided in subsection (4) of this
section.
(7) At any time after the passage of the reso-
lution authorizing the construction or re-
construction of assessable improvements
has been confirmed as provided in subsec-
tion (4) of this section, the board may pub-
lish at least once in a newspaper of general
circulation, published in the county, a no-
tice calling for sealed bids to be received by
the board on a date not earlier than 15 days
from the first publication for the construc-
tion of the work. The board shall have the
right to reject any or all bids, and if all bids
are rejected the board may readvertise or
may determine to do the work by the county
forces without contract.
(8) Promptly after the completion of the work,
the county engineer, who is hereby desig-
nated as the official to make the prelimi-
nary assessments of benefits from assess-
able improvements, shall prepare a
preliminary assessment roll and file the
same with the clerk, which roll shall con-
tain the following:
a. A description of abutting lots and par-
cels of land or lands within the unit
which will benefit from such assess-
able improvements and the amount of
CD122:126
SPECIAL DISTRICTS
§ 122-1186
such benefits to each such lot or parcel
the property assessed, and the assessments
of land. Such lots and parcels shall in-
so confirmed shall be in proportion to the
clude the property of the county and
special benefits. Forthwith after such con -
any school district or other political sub-
firmation, such assessment roll shall be de -
division. There shall also be given the
livered to the clerk. The assessment so made
name of the owner of record of each lot
shall be delivered to the clerk. The assess-
or parcel as shown on the tax rolls.
ment so made shall be final and conclusive
b. The total cost of the improvement and
as to each lot or parcel assessed unless
the amount of incidental expense.
proper steps be taken within 30 days in a
(9) The preliminary roll shall be advisory only
court of competent jurisdiction to secure re-
lief. If the assessment against any property
and shall be subject to the action of the
shall be sustained or reduced or abated by
board as hereinafter provided. Upon the
the court, the clerk shall note that fact on
filing with the clerk of the preliminary as-
the assessment roll opposite the descrip-
sessment roll, the clerk shall publish at
tion of the property affected thereby.
least once in a newspaper of general circu-
lation, published in the county, and circu-
(11) Any assessment may be paid at the office of
lating in the district, a notice stating that
the clerk within 30 days after the confir-
at a meeting of the board to be held on a
mation thereof, without interest. Thereafter
certain day and hour, not less than 15 days
all assessments shall be payable in equal
from the date of such publication, which
installments, with interest at not exceeding
meeting may be a regular, adjourned or spe-
the maximum amount permitted by law,
cial meeting, all interested persons may ap-
or, if bonds are issued pursuant to this ar-
pear and file written objections to the con-
title, at a rate not to exceed one percent
firmation of the preliminary assessment
above the rate of interest at which such
roll. Such notice shall describe the assess-
bonds are sold, from the expiration of said
able improvements and the location thereof.
30 days in each of the succeeding number
(10) At the time and place stated in such notice,
of years which the board shall determine
the board shall meet and receive the objec-
by resolution, not exceeding 40; provided
tions in writing of all interested persons as
however, that the board may provide that
stated in such notice. The board may ad-
any assessment may be paid at any time
journ the hearing from time to time. After
before payment, if such prior payment shall
the completion thereof, the board shall ei-
be permitted by the proceedings authorizing
ther annul or sustain or modify in whole or
any assessment bonds or other obligations
in part the preliminary assessment as in-
for the payment of which such special as-
dicated on such roll, either by confirming
sessments have been pledged.
the preliminary assessment against any or
a. All such special assessments may be
all lots or parcels described therein or by
collected by the tax collector at the
canceling, increasing or reducing the same,
same time as the ad valorem taxes of
according to the special benefits which the
the unit and general county taxes are
board decided each such lot or parcel has
collected by the tax collector if the
received or will receive on account of such
board shall, prior to confirmation of the
improvement. If any property which may
resolution ordering the improvements
be chargeable under this section shall have
pursuant to subsection (4) of this sec -
been omitted from the preliminary roll or if
tion, have entered into an agreement
the preliminary assessment shall not have
with the property appraiser and other -
been made against it, the board may place
wise met the requirements of F.S. §
on such roll an apportionment to such prop-
197.0126.
erty. The board shall not confirm any as-
b. All assessments shall constitute a lien
sessment in excess of the special benefits to
upon the property so assessed from the
CD122:127
§ 122-1186 COLLIER COUNTY CODE
II
date of confirmation of the resolution
ordering the improvement, of the same
nature and to the same extent as the
lien for general county taxes falling due
in the same year or years in which such
assessments or installments thereof fall
due; and any assessment or installment
not paid when due shall be collectible
with such interest and with a reason-
able attorney's fees and costs, but
without penalties, by the unit by pro-
ceedings in a court of equity to fore-
close the lien of assessments as a lien
for mortgages is or may be foreclosed
under the laws of the state; provided
that any such proceedings to foreclose
shall embrace all installments of prin-
cipal remaining unpaid with accrued
interest thereon, which installments
shall, by virtue of the institution of such
proceedings, immediately become due
and payable. The collection procedure
described herein shall be an additional
or alternative method to the method of
collection described in this subsection.
Nevertheless, if, prior to any sale of
the property under decree of foreclo-
sure in such proceedings, payment be
made of the installment or installments
which are shown to be due under the
provisions of the resolution passed pur-
suant to subsection (10) of this section,
and by this subsection, and all costs,
including interest and attorney's fees,
such payment shall have the effect of
restoring the remaining installments
to their original maturities as provided
by the resolution passed pursuant to
this subsection and the proceedings
shall be dismissed.
It shall be the duty of the board to en-
force the prompt collection of assess-
ment by the means herein provided,
and such duty may be enforced at the
suit of any holder of bonds issued under
this article in a court of competent ju-
risdiction by mandamus or other ap-
propriate proceedings or action.
Not later than 30 days after the an-
nual installments are due and payable,
it shall be the duty of the board to di-
rect the attorney or attorneys whom
the board shall then designate, to in-
stitute action within two months after
such direction to enforce the collection
of all special assessments for assess-
able improvements made under this
section and remaining due and unpaid
at the time of such direction. Such ac-
tion shall be prosecuted in the manner
and under the conditions in and under
which mortgages are foreclosed under
the laws of the state.
f. It shall be lawful to join in one action
the collection of assessments against
any or all property assessed by virtue
of the same assessment roll unless the
court shall deem such joinder prejudi-
cial to the interest of any defendant.
The court shall allow a reasonable at-
torney's fee for the attorney or attor-
neys of the unit, and the same shall be
collectible as a part of or in addition to
the costs of the action.
g. At the sale pursuant to decree in any
such action, the unit may be a pur-
chaser to the same extent as an indi-
vidual person or corporation, except
that the part of the purchase price rep-
resented by the assessments sued upon
and the interest thereon need not be
paid in cash. Property so acquired by a
unit may be sold or otherwise disposed
of, the proceeds of such disposition to
be placed in such fund as provided by
any resolution authorizing the issuance
of assessment bonds; provided, how-
ever, that no sale or other disposition
thereof shall be made unless the notice
calling for bids therefor to be received
at a stated time and place shall have
been published in a newspaper of gen-
eral circulation, published in the
county, at least 20 days prior to such
disposition.
(12) All assessments and charges made under
the provisions of this section for the pay-
ment of all or any part of the cost of any
assessable improvements for which assess-
ment bonds shall have been issued under
CD122:128
SPECIAL DISTRICTS
the provisions of this article, or which
have been pledged as additional security
for any other bonds or obligations issued
under this article, shall be used only for
the payment of principal of or interest on
such assessment bonds or such other bonds
or obligations.
(13) The county and the school district and
any other political subdivision wholly or
partly within the unit shall possess the
same power and be subject to the same
duties and liabilities in respect of assess-
ment under this section affecting the real
estate of such county, school district or
other political subdivision which private
owners of real estate possess or are sub-
ject hereunder; and such real estate of
any such county, school district and polit-
ical subdivision shall be subject to liens
for said assessments in all cases where
the same property would be subject to
such liens had it at the time the lien
attached been owned by a private owner.
(14) If any special assessment made under the
provisions of this article to defray the
whole or any part of the expense of any
such improvement shall be deemed by the
board to be inadequate to meet the obli-
gation owed to bondholders, the board
may adjust the duration of and the inter-
est penalty on installment payments of
the assessment so that payments of spe-
cial assessments shall be sufficient to
satisfy the contractual obligation owned
by the unit to bondholders. However, such
adjustment shall not have the effect of
increasing the special assessment of any
property, including the effect of increasing
the amount of assessment of any property
in proportion to the amount of benefits
conferred on that property, nor shall such
adjustment increase the interest rate or
the installment payment period beyond
the interest rate and payment period set
forth in this subsection. Further, the board,
in adjusting the interest rates and the
period of payment of assessments, shall
follow the provisions of this section pro-
viding for notice and hearing to interested
§ 122-1187
persons and providing for passage of res-
olutions establishing special assessments.
(Ord. No. 85-39, § 6; Ord. No. 93-45, § 1)
Sec. 122-1187. Assessment bonds.
The board for and on behalf of the unit is
authorized to provide from time to time for the
issuance of assessment bonds to pay all or part of
the cost of improvements. The principal of and
interest on any such bonds shall be payable from
the pledge of special assessment levied pursuant
to this article or by a pledge of the full faith and
credit of the unit, if such full faith and credit
pledge be authorized by referendum. The bonds
shall be dated, shall bear interest at such rate or
rates as shall not exceed the maximum amount
permitted by law, shall mature at such time or
times not exceeding 40 years from their date or
dates as may be determined by the board and may
be made redeemable before maturity, at the op-
tion of the board, under such terms and condi-
tions and at such prices as may be fixed by the
board prior to the issuance of such bonds. The
board shall determine the form of the bonds,
including any interest coupons to be attached
thereto, and shall fix the denomination or denom-
inations of the bonds and the place or places of
payment of principal and interest, which may be
at any bank or trust company within or without
the state. Such authorizing resolution may fur-
ther provide that such bonds may be executed
manually or by the engraved, lithographed or
facsimile signature of the chairman of the board.
The seal of the county may be affixed or litho-
graphed, engraved, or otherwise reproduced in
facsimile on such bonds and shall be attested by
the manual or facsimile signature of the clerk. In
case any officer whose signature or a facsimile of
whose signature shall appear on the bonds shall
cease to be such officer before the delivery of such
bonds, such signature or facsimile shall neverthe-
less be valid and sufficient for all purposes the
same as if he had remained in office until such
delivery. All bonds issued under the provisions of
this article shall be and constitute and have all
the qualities and incidents of negotiable instru-
ments under the law merchant and the negotiable
instruments law of the state. The bonds may be
issued in coupon or registered form as the board
Supp. No. 8
CD122:129
§ 122-1187
COLLIER COUNTY CODE
may determine in such authorizing resolution,
and provisions may be made for the registration
of any coupon bonds as to principal alone and also
as to principal and interest and for the reconver-
sion of coupon bonds or of any bond registered as
to principal and interest. The issuance of such
bonds shall not be subject to any limitations or
conditions contained in any other law; and the
board may sell such bonds in such manner, either
at public or private sale, and for such price as it
may determine to be for the best interest of the
unit; but no such sale shall be made at a price so
low as to require the payment of interest on
money received therefor at a rate in excess of the
maximum amount permitted by law, computed
with relation to the absolute maturity of the
bonds in accordance with standard tables of bond
values, excluding, however, from such computa-
tion the amount of any premium to be paid for the
redemption of any bonds prior to maturity.
(Ord. No. 85-39, § 7)
Secs. 122-1188-122-1210. Reserved.
ARTICLE XLIV. RESERVED*
Secs. 122-1211-122-1235. Reserved.
ARTICLE XLV NAPLES PARK AREA
DRAINAGE IMPROVEMENT MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT
Sec. 122-1236. Creation, boundaries, pur-
poses.
(a) The Naples Park Area Drainage Improve-
ment Municipal Service Taxing and Benefit Unit
(the "unit") is hereby created, with boundaries
described as follows:
Subdivision of Block 1, Unit No. 1, Naples
Park, as recorded in Plat Book 4, page 5; and
Replat of Blocks 4 and 5, Unit No. 1, Naples
Park, as recorded in Plat Book 4, page 6; and
Unit No. 2, Naples Park, as recorded in Plat
Book 2, page 107; and
Unit No. 3, Naples Park, as recorded in Plat
Book 3, page 5; and
Unit No. 4, Naples Park, as recorded in Plat
Book 3, page 7; and
Unit No. 5, Naples Park, as recorded in Plat
Book 3, page 14; and
Unit No. 6, Naples Park, as recorded in Plat
Book 3, page 15; and
Unit No. 2, Conner's Vanderbilt Beach Estates,
as recorded in Plat Book 3, page 17; and
Unit No. 3, Conner's Vanderbilt Beach Estates,
as recorded in Plat Book 3, page 89, all of the
Public Records of Collier County, Florida;
together with all those certain lands lying
within Section 33, Township 48 South, Range
25 East, and being bounded on the:
North by the south right-of-way line of
91st Avenue;
South by the north right-of-way line of
Vanderbilt Beach Road;
East by the west right-of-way line of U.S.
41, North Tamiami Trail;
West by the east right-of-way line of
Vanderbilt Drive;
together with those certain lands lying in Sec-
tion 32, Township 48 South, Range 25 East,
Collier County, Florida, and being described as
follows:
All those certain lands lying within portions of Begin at the southeast corner of Lot 1,
Section 28, 29, 32, and 33, Township 48 South, Block G, of the plat thereof, Unit No. 2,
Range 25 East, Collier County, Florida, and Conner's Vanderbilt Beach Estates, as
being further described as follows, all of: recorded in Plat Book 3, page 17, of the
Unit No. 1, Naples Park, as recorded in Plat Public Records of Collier County, Florida;
Book 1, page 106; and thence run along a line 30 feet west, as
*Editor's note -Ord. No. 98-44, adopted May 26, 1998,
measured perpendicular to, the east line
repealed §§ 122-1211-122-1216 in their entirety. Formerly, of said Section 32 and being the west
said sections pertained to the Marco Island MSTU. See the right-of-way line of Vanderbilt Drive, south
Code Comparative Table. 1°00'00" east 459.25 feet to a point on the
Supp. No. 8 CD122:130
SPECIAL DISTRICTS
northerly right-of-way line of Vanderbilt
Beach Road; thence along said northerly
right-of-way line north 80°29'30" west
305.12 feet; thence leaving said northerly
right-of-way line north 1°00'00" west 154.55
feet; thence north 89°00'00" east 120 feet;
thence south 1'00'00" east 65.00 feet;
thence north 89°00'00" east 55.00 feet;
thence north 1°00'00" west 316.51 feet to
the southwest corner of aforesaid Lot 1,
Block G; thence along the southerly line of
said Lot 1, Block G, south 89°52'30" east
125.00 feet to the point of beginning.
(b) The unit hereby created and established is
for the purpose of providing a preliminary engi-
neering study, for the construction or reconstruc-
tion of the assessable improvements which shall
include, but is not limited to, the costs for engi-
neering design, construction, financing, and land
acquisition, and to do all things reasonably nec-
essary in connection therewith and for the pur-
pose of exercising those powers authorized by F.S.
ch. 125 and other applicable laws.
(Ord. No. 86-37, § 1; Ord. No. 95-44, § 1, 7-18-95)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1237. Governing board, powers and
duties.
The governing board of the unit shall be the
board of county commissioners with the power
and duty to conduct the affairs of the unit as
prescribed by state law.
(Ord. No. 86-37, § 2)
State law reference —Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
Sec. 122-1238. Annual budget, taxing author-
ity.
For the purpose of carrying into effect this
article, the board of county commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
district for the next fiscal year, which shall be
from October 1 to and including September 30
following. The estimate shall have for what pur-
pose the moneys are required and the amount
necessary to be raised by taxation within the
§ 122-1240
district. 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
property within the district subject to taxation a
millage sufficient to meet the requirements of the
estimate; however, the total millage shall not
exceed the millage authorized by law for munici-
pal service taxing or benefit units.
(Ord. No. 86-37, § 3)
Sec. 122-1239. Collection of taxes.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 86-37, § 4)
Sec. 122-1240. Definitions.
The following words and terms shall have the
following meanings, unless some other meaning
is plainly intended:
Approving resolution shall mean the resolution
described herein which shall approve the plans,
specifications, estimated costs and tentative as-
sessment roll and shall confirm or deny the initial
resolution.
Assessable improvements shall mean that por-
tion or portions of improvements of a local nature
and of benefit to the premises or lands served
thereby.
Assessment bonds shall mean bonds or other
obligations secured by and payable from pledged
revenues.
Assessment roll shall mean the assessment roll
as approved by the final resolution.
Board shall mean the Board of County Com-
missioners of Collier County, Florida.
Clerk shall mean the clerk of the circuit court
and ex officio clerk of the board of county commis-
sioners.
Cost or costs as applied to the acquisition and
construction of any improvements authorized by
the board shall include the cost of construction or
reconstruction, acquisition or purchase, the cost
Supp. No. 25
CD122:131
§ 122-1240 COLLIER COUNTY CODE ^
of all labor, materials, machinery and equipment,
cost of all lands and interest therein, property
rights, easements and franchises of any nature
whatsoever, financing charges, interest prior to
and during construction and for not more than
seven years after completion of the construction
or acquisition of such improvements, the creation
of initial reserve or debt service funds, bond
discount, cost of plans and specifications, cost of
construction plans, surveys and estimates of costs
and revenues, cost of engineering, financial and
legal services, and all other expenses necessary or
incidental in determining the feasibility or prac-
ticability of such construction, reconstruction or
acquisition, costs of issuance of the assessment
bonds, administrative expenses and such other
expenses as may be necessary or incidental to
financing authorized by this article; and includ-
ing reimbursement of the county or any other
person, firm or corporation for any moneys ad-
vanced to the unit for any expenses incurred by
the unit or county in connection with any of the
foregoing items of cost, or the creation of the unit.
District shall mean the Naples Park Area Drain-
age Improvements Special Assessment District.
Final resolution shall mean the resolution de-
scribed herein which shall approve the assess-
ment roll.
Initial resolution shall mean the resolution
described herein which shall be the initial pro-
ceeding for levying and imposing special assess-
ments.
Notes shall mean notes issued for the financing
of the project costs.
Plans and specifications shall mean prelimi-
nary drawings and specifications which shall show
the location, size, nature of the improvements and
a description of the kind and quantities of major
material items.
Pledged revenues shall mean:
(1) The proceeds of the bonds, including in-
vestment earnings.
(2) Proceeds of the special assessments as
specified by the resolution authorizing
the bonds; and
(3) Any other non -ad valorem revenues or
other legally available moneys pledged by
the county under the resolution authoriz-
ing the bonds.
Preliminary assessment roll shall mean the
preliminary assessment roll prepared by the en-
gineer as described herein.
Special assessments shall mean the total amount
of the lien to be levied in accordance with this
article and other applicable provisions of law on
the benefited properties within the Naples Park
Area Drainage Improvements Special Assess-
ment District.
Special assessment district shall mean the area
described as the Naples Park Area Drainage
Improvements Special Assessment District.
Tentative assessment roll shall mean the tenta-
tive assessment roll prepared by the engineer as
described herein.
Unit shall mean the Naples Park Area Drain-
age Improvement Municipal Service Taxing and
Benefit Unit created by Ordinance No. 86-37, as
amended.
Unit resolution shall mean the resolution de-
scribed herein which shall establish the special
assessment district.
(Ord. No. 95-44, § 2, 7-18-95)
Sec. 122-1241. Procedure for the levy and
collection of the special as-
sessments.
The district may provide for the construction or
reconstruction of assessable improvements as de-
fined herein and for the levying of special assess-
ments upon the benefited properties for the pay-
ment thereof, under the provisions of this section.
(1) The procedure for creating the special
assessment district and adoption of the
unit resolution is as follows:
a. There is hereby authorized the cre-
ation and establishment by subse-
quent resolution of the board under
the authority of F.S. § 125.01, the
creation of the Naples Park Area
Drainage Improvements Special As-
sessment District.
_l
Supp. No. 25 CD122:132
SPECIAL DISTRICTS
§ 122-1241
b. The clerk shall publish, in a news-
resolution shall be the final adjudi-
paper of general circulation, pub-
cation of the issues presented thereby
lished and circulating in the county,
unless proper steps shall be initiated
a notice stating that at a meeting of
in a court of competent jurisdiction
the board on a certain day and hour,
to secure relief within 20 days from
not earlier than 15 calendar days
the date of board action on the unit
from such publication (excluding Sat-
resolution.
urdays, Sundays and legal holidays),
d. Any informality or irregularity in
which meeting may be a regular,
the proceedings in connection with
adjourned or special meeting, the
the creation of the assessment dis-
board will hear objections of all in-
trict under the provisions of this
terested persons to the establish-
article shall not affect the validity
ment of the Naples Park Area Assess-
thereof and such district shall be
ment District and will consider the
deemed to be valid in all respects
adoption of the unit resolution creat-
unless it be clearly shown that the
ing such district. Such notice shall
party objecting to the validity thereof
also describe the area to be encom-
was materially injured by the cre-
passed by the proposed district, the
ation of such district.
nature of the project to be con-
structed or acquired within such dis- (2)
The procedure for the levy and payment of
trict, the procedure of objecting and
the special assessments is as follows:
such other information as the board
a. The initial proceeding shall be the
deems appropriate to include in such
passage by the board of an initial
notice. In addition to the published
resolution ordering the acquisition,
notice described above, the clerk shall
construction or reconstruction of as-
mail a copy of such notice by first
sessable improvements constituting
class mail to each property owner in
an individual project, indicating, in
the proposed district. Notice shall be
general, the location (the location
mailed, at least 15 calendar days
may be established by reference to
prior to the hearing, to each property
boundaries or a map or by reference
owner at such address as is shown
to the unit) and description of such
on the tax rolls. Notice shall be
improvements, which shall be suffi-
deemed mailed upon delivery thereof
cient to enable the engineer to pre -
to the possession of the U.S. Postal
pare the plans and specifications of
Service. The failure of the clerk to
such improvements as described
mail such notice shall not constitute
herein. The initial resolution shall
a valid objection to holding the hear-
also state the portion, if any, of the
ing or the adoption of the unit reso-
i
project to be paid by the county, the
lution as provided herein.
estimated costs of the project, if avail-
C. All objections to the adoption of the
able, and the method of assessment
unit resolution creating the assess-
which may be by frontage, acreage,
ment district shall be made in writ-
square footage, parcel or any other
ing, and filed with the clerk at or
combination thereof or any other
before the time or adjourned time of
method deemed equitable by the
such hearing. Upon consideration of
board. The initial resolution may pro -
the objections and the unit resolu-
vide for alternative improvements
tion, the board shall consider the
and method of assessment. The im-
unit resolution with such amend-
provements constituting the project
ments as it deems appropriate or
need not be contiguous and may be
necessary. The adoption of the unit
in more than one locality or street.
Supp. No. 25 CD122:133
§ 122-1241 COLLIER COUNTY CODE
The initial resolution ordering any
such improvement may give any short
and convenient designation to each
improvement ordered thereby. The
initial resolution may be adopted at
the same meeting of the board at
which the unit resolution is adopted.
b. As soon as possible after the passage
of the initial resolution, the engineer
shall prepare, or cause to be pre-
pared, in triplicate, plans, specifica-
tions and cost estimates for the im-
provements constituting the project.
The plans and specifications need
only be in sufficient form to enable
the engineer to estimate the costs of
the project and prepare a tentative
assessment roll based upon the total
project cost. If the initial resolution
shall provide alternative improve-
ments or method of assessment, such
plans, specifications and cost esti-
mates shall include an estimate of
the costs of each such alternative.
C. The engineer shall also prepare, or
cause to be prepared, in triplicate,
the tentative assessment roll, which
shall contain a description of the lots
and parcels of real property within
the district which will benefit from
such assessable improvements and
the estimate amount of benefits to
each such lot or parcel of property,
provided such lots and parcels shall
include the property of the county,
and any school district, special dis-
trict, municipality or political subdi-
vision; the name of the owner of
record of each lot and parcel as shown
on the tax rolls; the total estimated
cost of the project to each benefited
lot or parcel; and the method or
alternative method of assessment uti-
lized in determining the cost of the
project to be assessed to property
owners, including any formulas for
dealing with irregular lots and any
assumptions of death of the lots.
Such tentative assessment roll shall
not be held to limit or restrict the
duties of the engineer in the prepa-
ration of the preliminary assess-
ment roll under the provisions of
this article.
d. One of the triplicates of such plans,
specifications, cost estimates and the
tentative assessment roll shall be
filed with the clerk, one shall be filed
with the county administrator or his
designee and the other triplicate shall
be retained by the engineer in his
files, all of which shall remain open
to public inspection.
e. The clerk, upon the filing of such
plans, specifications, cost estimates
and tentative assessment roll, shall
publish once in a newspaper of gen-
eral circulation, published and circu-
lating in the county, a notice stating
that at a meeting of the board on a
certain day and hour, not earlier
than 15 calendar days from such
publication (excluding Saturdays,
Sundays and legal holidays), which
meeting shall be a regular, adjourned
or special meeting, the board will
hear objections of all interested per-
sons to the approving resolution
which shall approve the aforemen-
tioned plans, specifications, cost es-
timates and tentative assessment roll.
Such notice shall state in brief and
general terms a description of the
applicable project with the location
thereof (location may be established
by reference to boundaries or a map
or by reference to the unit); the pro-
cedure for objecting provided in this
article; that plans, specifications, cost
estimates and the tentative assess-
ment roll, which shall include the
method or methods of assessment,
are on file with the clerk and the
county administrator or his designee
and all interested persons may as-
certain the amount to be assessed
against a lot or parcel of property at
the office of the clerk; and in the
11�
Supp. No. 25 CD122:134
SPECIAL DISTRICTS § 122-1241
event the alternative method of col-
applicable unit specially benefited
lection of special assessments, as de-
by the improvements. In the event
scribed herein, is utilized by the
the board established alternative im-
county, that such method may result
provement or methods of assess -
in the potential loss of title to prop-
ment in the initial resolution, the
erty which is assessed in the event of
board shall provide in the approving
non-payment of the special assess-
resolution the description of improve-
ments; provided however, the notice
ment and method of assessment
described herein may be given at
which shall be utilized.
such other time as the board deems
appropriate. In addition to the pub-
g• All objections to the approving reso-
lished notice described above, the
lution shall be made in writing, and
clerk shall mail a copy of the notice
filed with the clerk at or before the
by first class mail to each property
time or adjourned time of such hear -
owner proposed to be assessed. No-
ing. Special assessments shall be
tice shall be mailed at least 15 cal-
established upon adoption of the ap-
endar days prior to the hearing to
proving resolution. The adoption of
each property owner at such address
the approving resolution shall be the
is shown on the tax rolls. Notice
final adjudication of the issues pre -
shall be deemed mailed upon deliv-
sented (including, but not limited to,
ery thereof to the possession of the
the method of assessment, the ten-
U.S. Postal Service. The failure of
tative assessment, roll, the plans and
the clerk to mail such notice shall
specifications, the estimated cost of
not constitute a valid objection to
the project, the levy and lien of the
holding the hearing as provided in
special assessments, the interest rate
this article or to any other action
the special assessments shall bear,
taken under the authority of this
and the terms of prepayments of the
article. The clerk may provide proof
special assessments) unless proper
of such notice by affidavit.
steps shall be initiated in a court of
competent jurisdiction to secure re-
f. At the time named in such notice, or
lief within 20 days from the date of
to which an adjournment may be
board action on the approving reso-
taken by the board, the board shall
lution. Notice of the lien of the spe-
receive any objections of interested
cial assessments shall be recorded in
persons and may then or thereafter
the official records book in the office
adopt the approving resolution which
of the clerk. Such notice shall pro -
shall approve the aforementioned
vide in general the locations of the
plans, specifications, cost estimates
property which are assessed and di -
and tentative assessment roll, includ-
rect interest parties to the tentative
ing method of assessment, with such
assessment roll, upon approval
amendments as it deems just and
thereof. The tentative assessment
right; repeal or confirm the initial
roll, as approved by the approving
resolution with such amendments, if
resolution, shall be delivered to, and
any, as may be deemed appropriate
kept by, the clerk or such other offi-
by the board; and if notice described
cial as the board, by resolution, deems
herein has been provided to the prop-
appropriate.
erty owners, authorize or reject the
alternative method of collection of
h. Whenever the approving resolution
special assessments as described
shall have been adopted, as
herein. Special assessments shall be
hereinabove provided, or at any time
levied against all property in the
thereafter, the board may issue bonds,
Supp. No. 25 CD122:135
§ 122-1241
COLLIER COUNTY CODE
the principal and interest of which
litical subdivision. There shall
shall be payable from such pledged
also be given the name of the
revenues as the board deems appro-
owner of record of each lot or
priate in the resolution authorizing
parcel as shown on the tax rolls.
the issuance of bonds. Said bonds
2. The total cost of the improve -
shall mature not later than two years
ment to each benefited lot or
after the last installment in which
parcel.
said special assessments may be paid,
and shall bear interest at a rate not
3. The method of assessment uti-
exceeding the maximum rate pro-
lized in determining the cost of
vided by law. In addition, the board
improvements to be assessed to
may issue notes, the principal and
property owners, including any
interest of which may be payable
formulas for dealing with irreg-
from the proceeds of the bonds, the
ular lots, and any assumptions
proceeds of the special assessments,
of depth of lots.
the proceeds of the notes and such
4. The preliminary assessment roll
other legally available moneys as
shall be advisory only and shall
the board deems appropriate. Said
be subject to the action of the
notes shall mature within five years
board as hereinafter provided.
of their issuance and shall bear in-
Subsequent to the filing with
terest at a rate not exceeding the
the clerk of the preliminary as -
maximum rate provided by law. The
sessment roll, the clerk shall
board may issue bonds to repay the
publish at least once in a news -
notes. The proceeds of the bonds and
paper of general circulation,
notes, unless otherwise used to re-
published and circulating in the
fund bonds or notes, shall be used to
county, a notice stating that at
pay the costs of the project.
a meeting of the board to be
Within such period of time after the
held on a certain day and hour,
completion of the acquisition or con-
not earlier than 15 calendar
struction of the project as may be
days from publication (exclud-
directed by the county administrator
ing Saturdays, Sundays and le -
(but in no event more than six months
gal holidays), which meeting
after such completion of the project),
may be a regular, adjourned or
the engineer shall prepare the pre-
special meeting, all interested
liminary assessment roll and file the
persons may appear and file
same with the clerk and the county
written objections to the ap-
administrator or his designee, which
proval of the preliminary assess -
roll shall contain the following:
ment roll. Such notice shall de-
scribe in general terms the
1. A description of lots and par-
assessable improvements and
cels of land or land within the
the location thereof (location
district which will benefit from
may be established by refer -
such assessable improvements
ence to boundaries or a map or
constituting the project and the
by reference to the unit), and
amount of such benefits to each
advise all persons interested
such lot or parcel of land. Such
that the description of each prop -
lots and parcels shall include
erty to be assessed and the
the property of the county and
amount to be assessed to each
any school district, municipal-
lot or parcel of property may be
ity, special district or other po-
ascertained at the office of the
Supp. No. 25 CD122:136
SPECIAL DISTRICTS § 122-1241
clerk. In addition to the pub-
have been omitted from the pre-
lished notice described above,
liminary assessment roll or if
the clerk shall mail at least 15
the preliminary assessment
calendar days prior to the hear-
shall not have been made
ing a copy of the notice by first
against it, the board may, upon
class mail to each property
compliance with the procedures
owner proposed to be assessed.
set forth in this section, provide
Notice shall be mailed to each
for the assessment of such omit -
property owner at such address
ted property. The board shall
as is shown on the tax rolls.
not approve any special assess -
The failure of the clerk to mail
ment in excess of the special
such notice shall not constitute
benefits to the property as -
a valid objection to the ap-
sessed, and the special assess-
proval of the preliminary assess-
ments so approved shall be in
ment roll. Notice shall be
proportion to the special bene-
deemed mailed upon delivery
fits. Upon adoption of the final
thereof to the possession of the
resolution, the preliminary as-
U.S. Postal Service. All objec-
sessment roll shall become the
tions shall be made in writing,
assessment roll. The final reso-
and filed with the clerk at or
lution shall provide for the rate
before the time or adjourned
of interest which the special
time of the hearing. The clerk
assessments shall bear. In the
may provide proof of such no-
event notes or bonds have been
tice by affidavit.
issued and are outstanding at
5. At the time and place stated in
the time the final resolution is
such notice, the board shall meet
presented to the board, the
and receive the objections in
board may establish the rate of
writing of all interested per-
interest the special assessment
sons as stated in such notice.
are to bear at the rate of one
The board may adjourn the
percent above the true interest
hearing from time to time. Af-
cost on the notes until such
ter the completion thereof the
time as bonds are issued to
board shall adopt the final res-
repay the notes at which time
olution which shall either an-
the special assessments shall
nul or sustain or modify in whole
bear interest at a rate not to
or part the preliminary assess-
exceed one percent above the
ment as indicated on the pre-
true interest cost on the bonds
liminary assessment roll, ei-
or notes. Forthwith after adop-
ther by approving the
tion of the final resolution, the
preliminary assessment against
assessment roll shall be deliv-
any or all lots or parcels de-
ered to, and kept by, the clerk
scribed therein or by canceling,
or such other official as the
increasing or reducing the same,
board, by resolution, deems ap-
according to the special bene-
propriate; provided, however, is -
fits which the board shall de-
sues adjudicated in the approv-
cide each lot or parcel has re-
ing resolution may not be
ceived or will receive on account
disputed except as provided
of such improvements. If any
herein. The clerk shall cause
property which may be charge-
the final resolution and the ap-
able under this section shall
proved assessment roll to be
Supp. No. 25 CD122:137
§ 122-1241 COLLIER COUNTY CODE
recorded in the official records.
In the event the alternative
method of collection of special
assessments, as described in F.S.
§ 197.363, is utilized by the
county, a copy of the assess-
ment roll, together with any
changes thereto, shall be deliv-
ered to the property appraiser
and tax collector by the clerk.
The special assessment so made
shall be final and conclusive as
to each lot or parcel assessed
and the adoption of the final
resolution shall be the final ad-
judication of the issues pre-
sented unless proper steps be
initiated within 20 days of adop-
tion of the final resolution in a
court of competent jurisdiction
to secure relief. If the special
assessment against any prop-
erty shall be sustained or re-
duced or abated by the court,
the clerk shall note that fact on
the assessment roll opposite the
description of the property af-
fected thereby. The amount of
the special assessment against
any lot or parcel which may be
reduced or abated by the court,
unless the assessment upon the
entire district be reduced or
abated, may by resolution of
the board be made chargeable
against the applicable district
at large, or, at the discretion of
the board, a new assessment
roll may be prepared and ap-
proved in the manner
hereinabove provided for the
preparation and the approval
of the original assessment roll.
6. Except as otherwise provided
by resolution of the board, no
prepayments of the special as-
sessments shall be accepted
prior to the adoption of the fi-
nal resolution. Thereafter, any
prepayments shall be made only
upon payment of applicable in-
terest, including interest in-
cluded as a cost of the related
improvement, and applicable
prepayment premium at the of-
fice of the clerk (or such other
official as the board shall deter-
mine by resolution). Any assess-
ment may be paid at the office
of the clerk within 30 days af-
ter the confirmation thereof,
without interest. Thereafter all
assessments shall be payable
in equal installments, with in-
terest at the rate set forth in
this article.
7. All such special assessments
may be collected by the tax
collector at the same time as
the ad valorem taxes of the
district and general county taxes
are collected by the tax collec-
tor if the board shall, prior to
the confirmation of the resolu-
tion ordering the improvements
pursuant to this article, have
entered into an agreement with
the property appraiser and oth-
erwise met the applicable re-
quirements of F.S. ch. 197. Not-
withstanding any provision in
this article to the contrary, the
county may add an amount to
each installment of an assess-
ment equal to the estimated
pro-rata share of the costs of
collecting the assessments, in-
cluding without limitation, the
estimated amount of discount
which the property owners may
receive if the assessment install-
ments are placed on the tax roll
pursuant to F.S. § 197.3631,
and the amounts owing to the
tax collector for placing such
installments on the tax roll.
W
All special assessments shall
constitute a lien upon the prop- ^
erty so assessed from the date 1
Supp. No. 25 CD122:138
SPECIAL DISTRICTS
of the approving resolution or-
dering the improvements, of the
same nature and to the same
extent as the lien for general
county taxes falling due in the
same year or years in which
such special assessments or in-
stallments thereof fall due. Ex-
cept as otherwise provided by
law, such lien shall be superior
in dignity to all other liens,
titles and claims, until paid.
Any special assessment or in-
stallment not paid when due
shall be collectible with such
interest and with a reasonable
attorney's fee and costs, but
without penalties, by the dis-
trict by proceedings in a court
of equity to foreclose the lien of
assessments as a lien for mort-
gages is or may be foreclosed
under the laws of the state;
provided that any such proceed-
ings to foreclose shall embrace
all installments of principal re-
maining unpaid with accrued
interest thereon, which install-
ments shall, by virtue of the
institution of such proceedings,
immediately become due and
payable. The collection proce-
dure described herein shall be
an additional method to the col-
lection procedures as contained
in F.S. ch. 197.
(Ord. No. 95-44, § 3, 7-18-95)
Sec. 122-1242. Issuance of bonds.
The board shall have the power and it is hereby
authorized to provide by resolution, at one time or
from time to time in series, for the issuance of
bonds of the county for the purpose of paying all
or part of the cost of the project. The principal of
an interest on each series of bonds shall be
payable from pledged revenues. At the option of
the board, the county may covenant to budget and
appropriate from non -ad valorem revenue sources
identified by the county by resolution or from
§ 122-1242
general non -ad valorem revenues of the county an
amount necessary to make up any deficiency in
the payment of the bonds.
In anticipation of the sale of bonds, the county
may, by resolution, issue notes and may renew the
same from time to time. Such notes may be paid
from the moneys derived by the county from the
proceeds of the bonds, the proceeds of the special
assessments, the proceeds of the notes and such
other legally available moneys as the board deems
appropriate. The notes shall be issued in the same
manner as the bonds. Bonds and notes shall be,
and shall be deemed to be, for all purposes,
negotiable instruments, subject only to the provi-
sions of the bonds and notes for registration.
The bonds shall be dated, shall bear interest at
such rate or rates, shall mature at such times, as
may be determined by resolution of the board,
and may be made redeemable before maturity, at
the option of the county, at such price or prices
and under such terms and conditions as may be
fixed by the board. The bonds may, at the option of
the board, bear interest at a variable rate. The
board shall determine by resolution the form of
the bonds, the manner of executing such bonds,
and shall fix the denomination or denominations
of such bonds, the place or places of payment of
the principal and interest, which may be at any
bank or trust company within or without the
State of Florida, and such other terms and provi-
sions of the bonds as it deems appropriate. The
bonds may be sold at public or private sale for
such price or prices as the board shall determine,
by resolution. The bonds may be delivered to any
contractor for payment of his work in construct-
ing a project or may be sold in such manner and
for such price as the board may determine by
resolution to be for the best interests of the
county.
Prior to the preparation of definitive bonds of
any series, the board may, under like restrictions,
issue interim receipts, interim certificates, or
temporary bonds, exchangeable for definitive bonds
when such bonds have been executed and are
available for deliver. The board may also provide
for the replacement of any bonds which shall
become mutilated, or be destroyed or lost. Bonds
may be issued without any other proceedings or
Supp. No. 25
CD122:139
§ 122-1242 COLLIER COUNTY CODE
the happening of any other conditions or things
than those proceeding, conditions or things which
are specifically required by this article.
The county may, at its option, issue bonds
bearing a variable rate of interest, whereupon the
interest rate and installment payments applica-
ble to special assessments shall be subject to
adjustment as provided by resolution of the board.
In such event, the county may impose on such
annual installment payments such rate of inter-
est as shall not exceed the maximum amount of
two percent above the true interest cost at which
such bonds are sold as shall be determined on the
15th day prior to the date the bill for such annual
installment is mailed by the county. If amounts of
interest collected by the county exceed, in the
aggregate, the amount of interest that would have
been collected if interest was imposed at the
maximum rate permitted to be charged on special
assessments, the excess amounts hall be credited
to the next installment or be returned to the
property owners who paid such amounts, as pro-
vided by resolution of the board. If the amounts of
interest collected by the county are less, in the
aggregate, than the amount of interest that would
have been collected if the interest was imposed at
the maximum rate permitted to be charged on
special assessments, such deficiency may be im-
posed as a surcharge on the next installment.
(Ord. No. 95-44, § 4, 7-18-95)
Sec. 122-1243. Taxing power not pledged.
Bonds issued under the provisions of this arti-
cle shall not be deemed to constitute a pledge of
the faith and credit of the county or the unit, but
such bonds shall be payable from pledged reve-
nues in the manner provided herein and by the
resolution authorizing the bonds. The issuance of
bonds under the provisions of this article shall not
directly or indirectly obligate the county or the
unit to levy or to pledge any form of ad valorem
taxation whatever therefor. No holder of any such
bonds shall ever have the right to compel any
exercise of the ad valorem taxing power on the
part of the county or the unit to pay any such
bonds or the interest thereon or to enforce pay-
ment of such bonds or the interest thereon against
any property of the county or the unit, nor shall
such Bonds constitute a charge, lien or encum-
brance, legal or equitable, upon any property of
the county or the unit, except the pledged reve-
nues.
(Ord. No. 95-44, § 5, 7-18-95)
Sec. 122-1244. Funds.
The pledged revenues received pursuant to the
authority of this article shall be deemed to be
funds held for the benefit of bondholders, to be
held and applied solely as provided in this article
and in the resolution authorizing the bonds.
(Ord. No. 95-44, § 6, 7-18-95)
Sec. 122-1245. Remedies of bondholders.
Any holder of bonds, except to the extent the
rights herein given may be restricted by the
resolution authorizing issuance of the bonds, may,
whether at law or in equity, by suit, action,
mandamus or other proceedings, protect and en-
force any and all rights under the laws of the state
or granted hereunder or under such resolution,
and may enforce and compel the performance of
all duties required by this part, or by such reso-
lution, to be performed by the county.
(Ord. No. 95-44, § 7, 7-18-95)
Secs. 122-1246-122-1260. Reserved.
ARTICLE XLVI. RESERVED*
Secs. 122-1261-122-1290. Reserved.
ARTICLE XLVII. RESERVEDt
Secs. 122-1291-122-1320. Reserved.
*Editor's note —Ord. No. 01-28, § 1, adopted June 12,
2001, repealed §§ 122-1261-122-1267 in their entirety. For-
merly said sections pertained to the North Naples Roadway
Municipal Service Taxing and Benefit Unit, specifically defi-
nitions; creation, boundaries; purpose; governing board, pow-
ers and duties, the levying of taxes, construction of assessable
improvements, levy of special assessments and the issuance of
assessment bonds, respectively. See the Code Comparative
Table.
tEditor's note Ord. No. 2009-02, § 1, adopted Feb. 10,
2009, repealed Art. XLUII, §§ 122-1291-122-1296, which
pertained to Port of the Islands Community Improvement
District and derived from Ord. No. 86-64, §§ 1, 2, 4-7.
Supp. No. 25 CD122:140
SPECIAL DISTRICTS
ARTICLE XLVIII. SABAL PALM ROAD
EXTENSION MUNICIPAL SERVICE
TAXING AND BENEFIT UNIT
Sec. 122-1321. Creation, boundaries, pur-
poses.
(a) The Sabal Palm Road Extension Municipal
Service Taxing and Benefit Unit (the "unit") is
hereby created, with boundaries described as fol-
lows:
All lands in Sections 24, 25 and 36, Township
50 South Range 26 East, Collier County, Flor-
ida; and
All lands in Sections 15, 16, 17, 18, 19, 20, 212
22, 23, 26, 27, 28, 29, 30, 31, 322 332 34 and 35,
Township 50 South, Range 27 East, Collier
County, Florida.
(b) The unit hereby created and established is
for the purpose of providing a preliminary engi-
neering study for the design, construction and
financing of roadway improvements within the
unit and to provide for maintenance of the exist-
ing Sabal Palm Road Extension and to do all
things reasonably necessary in connection there-
with and for the purpose of exercising those
powers authorized by F.S. ch. 125 and other
applicable laws.
(Ord. No. 86-72, § 1; Ord. No. 01-51, § 1, 9-25-01)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1322. Governing board, powers and
duties.
The governing board of the unit shall be the
board of county commissioners with the power
and duty to conduct the affairs of the unit as
prescribed by state law.
(Ord. No. 86-72, § 2)
State law reference —Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
Sec. 122-1323. Annual budget, taxing author-
ity.
For the purposes of carrying into effect this
article, the board of county commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
§ 122-1348
district for the next fiscal year, which shall be
from October 1 to and including September 30
following. The estimate shall have for what pur-
pose the moneys are required and the amount
necessary to be raised by taxation within the
district. 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
property within the district subject to taxation a
millage sufficient to meet the requirements of the
estimate; however, the total millage shall not
exceed the millage authorized by law for munici-
pal service taxing or benefit units.
(Ord. No. 86-72, § 3)
Secs. 122-1324-122-1345. Reserved.
ARTICLE XLIX. CORPORATE SQUARE
STREET LIGHTING MUNICIPAL SERVICE
TAXING UNIT
Sec. 122-1346. Created; boundaries.
Pursuant to F.S. ch. 125 the Corporate Square
Street Lighting Municipal Service Taxing Unit is
hereby created for the purpose of providing street
lighting to the residents of the taxing unit, the
boundaries of which are hereinafter described:
All of Corporate Square as recorded in Plat
Book 14, pages 27-28, inclusive, of the public
records of Collier County, Florida; all being a
part of Section 36, Township 49 South, Range
25 East, Collier County, Florida, containing
37.92 acres more or less.
(Ord. No. 87-11, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1347. Governing body.
The governing body of the unit shall be ex
officio the board of county commissioners.
(Ord. No. 87-11, § 2)
State law reference —Similar provisions, F.S. § 125.01(2).
Sec. 122-1348. Purpose; powers.
The unit is formed for the purpose of providing
street lighting in the above -described subdivision
and to that end shall possess all the powers to do
all things reasonably necessary to provide such
CD122:141
§ 122-1348 COLLIER COUNTY CODE
services, including ownership or rental of prop-
erty, poles, wires, conduits, lights, meters and the
power to maintain the same and to enter into
contracts for providing the same and the electric
current to operate any lighting system therein
installed.
(Ord. No. 87-11, § 3)
Sec. 122-1349. Annual estimates of expenses;
taxation rate.
For the purpose of carrying into effect this
article, the board of county commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
unit for the next fiscal year, which shall be from
October 1 to and including September 30 follow-
ing. The estimate shall have for what purpose the
moneys are required and the amount necessary to
be raised by taxation within the unit. 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 property within the unit subject to
taxation a millage sufficient to meet the require-
ments of the estimate; provided, however, the
total millage shall not exceed the millage autho-
rized by law for municipal service taxing or ben-
efit units.
(Ord. No. 87-11, § 4)
Sec. 122-1350. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 87-11, § 5)
Secs. 122-1351-122-1370. Reserved.
ARTICLE L. RESERVED*
Secs. 122-1371-122-1395. Reserved.
*Editor's note —Ord. No. 98-106, adopted Nov. 24, 1998,
repealed §§ 122-1371-122-1375 in their entirety. Formerly,
said sections pertained to the Berkshire Village (at Berkshire
Lakes, parcel B) street lighting MSTU. See the Code Compar-
ative Table.
ARTICLE LI. RIVER REACH STREET
LIGHTING MUNICIPAL SERVICE TAXING
UNIT
Sec. 122-1396. Created; boundaries.
Pursuant to F.S. ch. 125, the River Reach
Street Lighting Municipal Service Taxing Unit is
hereby created for the purpose of providing street
lighting to the residents of the taxing unit, the
boundaries of which are hereinafter described:
All of River Reach Subdivision as recorded in
Plat Book 14, pages 23-25, inclusive, of the
public records of Collier County, Florida; all
Supp. No. 25 CD122:142
SPECIAL DISTRICTS
part of Section 36, Township 49 South,
Range 25 East, Collier County, Florida,
containing 37.92 acres more or less.
(Ord. No. 87-11, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1347. Governing body.
The governing body of the unit shall be ex
officio the Board of County Commissioners.
(Ord. No. 87-11, § 2)
State law reference —Similar provisions, F.S. § 125.01(2).
Sec. 122-1348. Purpose; powers.
The unit is formed for the purpose of providing
street lighting in the above -described subdivision
and to that end shall possess all the powers to do
all things reasonably necessary to provide such
services, including ownership or rental of prop-
erty, poles, wires, conduits, lights, meters and the
power to maintain the same and to enter into
contracts for providing the same and the electric
current to operate any lighting system therein
installed.
(Ord. No. 87-11, § 3)
Sec. 122-1349. Annual estimates of expenses;
taxation rate.
For the purpose of carrying into effect this
article, the Board of County Commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
unit for the next fiscal year, which shall be from
October 1 to and including September 30 follow-
ing. The estimate shall have for what purpose the
moneys are required and the amount necessary to
be raised by taxation within the unit. 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 property within the unit subject to
taxation a millage sufficient to meet the require-
ments of the estimate; provided, however, the
total millage shall not exceed the millage autho-
rized by law for municipal service taxing or ben-
efit units.
(Ord. No. 87-11, § 4)
Supp. No. 63
§ 122-1374
Sec. 122-1350. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 87-11, § 5)
Secs. 122-1351-122-1370. Reserved.
ARTICLE L. DELI.A DRIVE MUNICIPAL
SERVICE BENEFIT UNIT
Sec. 122-1371. Authority.
This Ordinance is adopted pursuant to the
provisions of F.S. §§ 125.01, 197.3632 and 197.3635
and F.S. ch. 200, and other applicable provisions
of Law.
(Ord. No. 2015-64, § 1)
Sec. 122-1372. Creation of the municipal ser-
vice benefit unit.
There is hereby created and established the
Della Drive Municipal Service Benefit Unit here-
inafter referred to as the "MSBU." The properties
within the Municipal Service Benefit Unit and its
boundaries are as described on the attached com-
posite Exhibit "A" (attached to Ord. No. 2015-64)
that is incorporated by reference.
(Ord. No. 2015-64, § 2)
Sec. 122-1373. Purpose and governing body.
The MSBU is created for the purpose of levying
assessments and repaying the County for the
repairs made to the road. The governing body of
the MSBU shall be the Board of County Commis-
sioners of Collier County, Florida.
(Ord. No. 2015-64, § 3)
Sec. 122-1374. Funding and levy of taxes.
The apportionment of the assessable costs of
this action is based on direct and special benefit
factors for each parcel.
The directly benefited method is based on the
front footage of the properties adjacent to Della
CD122:143
�'./ § 122-1374
COLLIER COUNTY CODE
Drive whose property fronted the improvement
(Tracts 20, 21 and the northern 412.5 feet of Tract
40, Section 24, Township 49S, Range 26E, Naples
Farm Estates as recorded in Plat Book 4, Page 34,
dated January 8, 1956). The footage dimensions
shown on the final assessment roll has been taken
directly or calculated from the County Tax Assess-
ment Maps and are not based on field surveys.
For the purpose of implementing this Ordi-
nance, the Board of County Commissioners estab-
lished an itemized list of properties with an
estimated frontage of each property. For fixing the
annual rate of taxation for County purposes, the
Board of County Commissioners shall fix and
cause to be levied on all properties within the
MSBU subject to taxation, a non -ad valorem tax
with a summation of assessment and the cost of
collecting such assessments, and shall add to the
non -ad valorem tax bill of each property the
amount of the assessment. Assessment and col-
lection shall cease upon collection of $5,162.33
funding the emergency repairs to Della Drive.
(Ord. No. 2015-64, § 4)
Sec. 122-1375. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
County taxes and subject to the same fees for
assessing and collecting as general County taxes.
Such assessments are hereby found and deter-
mined to be levied in direct proportion to the
special and positive benefits to be received by the
properties listed in the assessment roll, which is
attached to Ord. No. 2015-64 as Exhibit "B" and
incorporated herein. The preliminary assessment
roll is hereby confirmed and made final and
adopted as the final non -ad valorem assessment
roll for purposes of utilizing the uniform method
of collection.
Upon adoption of this Ordinance and in accor-
dance with F.S. § 197.3635, the Tax Collector
shall prepare and mail by first class mail to the
property owners, at the address listed on the final
assessment roll, an assessment bill for the full
amount of the assessment plus any associated
costs. Any assessment may be paid at the office of
the Tax Collector within sixty (60) days from the
date of adoption hereof, without interest.
(Ord. No. 2015-64, § 5)
Sec. 122-1376. Duties of the County Man-
ager or his designee.
The duties of the County Manager or his or her
designee shall be:
A. To aid and assist the Board of County
Commissioners in carrying out the purposes of
the MSBU in accordance with established prac-
tices and policies of the Board of County Commis-
sioners and as set forth in this Ordinance.
B. To coordinate the imposition of special as-
sessments to provide funding for the MSBU in
accordance with the guidance provided by the
Board.
(Ord. No. 2015-64, § 6)
Secs. 122-1377-122-1395. Reserved.
ARTICLE LI. RIVER REACH STREET
LIGHTING MUNICIPAL SERVICE TAXING
UNIT
Sec. 122-1396. Created; boundaries.
Pursuant to F.S. ch. 125, the River Reach
Street Lighting Municipal Service Taxing Unit is
hereby created for the purpose of providing street
lighting to the residents of the taxing unit, the
boundaries of which are hereinafter described:
All of River Reach Subdivision as recorded in
Plat Book 14, pages 23-25, inclusive, of the
public records of Collier County, Florida; all
Nftw,
Supp. No. 63 CD122:144
SPECIAL DISTRICTS
being a part of Section 35, Township 49 South,
Range 25 East, Collier County, Florida, contain-
ing 112.12 acres more or less.
(Ord. No. 87-50, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1397. Governing body.
The governing body of the unit shall be ex
officio the board of county commissioners.
(Ord. No. 87-50, § 2)
State law reference —Similar provisions, F.S. § 125.01(2).
Sec. 122-1398. Purpose; powers.
The unit is formed for the purpose of providing
street lighting in the above -described subdivision
and to that end shall possess all the powers to do
all things reasonably necessary to provide such
services, including ownership or rental of prop-
erty, poles, wires, conduits, lights, meters, and the
power to maintain the same and to enter into
contracts for providing the same and the electric
current to operate any lighting system therein
installed.
(Ord. No. 87-50, § 3)
Sec. 122-1399. Annual estimates of expenses;
taxation rate.
For the purpose of carrying into effect this
article, the board of county commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
unit for the next fiscal year, which shall be from
October 1 to and including September 30 follow-
ing. The estimate shall have for what purpose the
moneys are required and the amount necessary to
be raised by taxation within the unit. 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 property within the unit subject to
taxation a millage sufficient to meet the require-
ments of the estimate; provided, however, the
total millage shall not exceed the millage autho-
rized by law for municipal service taxing or ben-
efit units.
(Ord. No. 87-50, § 4)
Supp. No. 12
§ 122-1423
Sec. 122-1400. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 87-50, § 5)
Secs. 122-1401-122-1420. Reserved.
ARTICLE LII. VICTORIA PARK I STREET
LIGHTING MUNICIPAL SERVICE TAXING
UNIT
Sec. 122-1421. Created; boundaries.
Pursuant to F.S. ch. 125, the Victoria Park I
Street Lighting Municipal Service Taxing Unit is
hereby created for the purpose of providing street
lighting to the residents of the taxing unit, the
boundaries of which are hereinafter described:
All of Victoria Park I as recorded in Plat Book
11, pages 2, 8, inclusive, of the public records of
Collier County, Florida; all being a part of
Section 26, Township 48 South, Range 25 East,
Collier County, Florida.
(Ord. No. 87-90, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1422. Governing body.
The governing body of the unit shall be ex
officio the board of county commissioners.
(Ord. No. 87-90, § 2)
State law reference —Similar provisions, F.S. § 125.01(2).
Sec. 122-1423. Purpose; powers.
The unit is formed for the purpose of providing
street lighting in the above -described subdivision
and to that end shall possess all the powers to do
all things reasonably necessary to provide such
services, including ownership or rental of prop-
erty, poles, wires, conduits, lights, meters, and the
power to maintain the same and to enter into
CD122:145
§ 122-1423 COLLIER COUNTY CODE
contracts for providing the same and the electric
current to operate any lighting system therein
installed.
(Ord. No. 87-90, § 3)
Sec. 122-1424. Annual estimates of expenses;
taxation rate.
For the purpose of carrying into effect this
article, the board of county commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
unit for the next fiscal year, which shall be from
October 1 to and including September 30 follow-
ing. The estimate shall have for what purpose the
moneys are required and the amount necessary to
be raised by taxation within the unit. 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 property within the unit subject to
taxation a millage sufficient to meet the require-
ments of the estimate; provided, however, the
total millage shall not exceed the millage autho-
rized by law for municipal service taxing or ben-
efit units.
(Ord. No. 87-90, § 4)
Sec. 122-1425. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 87-90, § 5)
Secs. 122-1426-122-1445. Reserved.
ARTICLE LIII. LELY GOLF ESTATES
BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT
Sec. 122-1446. Created, boundaries, pur-
poses, taxing authority.
(a) There is hereby created the Lely Golf Es-
tates Beautification Municipal Service Taxing Unit
(hereinafter referred to as the "unit") with bound-
aries described as follows:
Supp. No. 12 CD122:146
All lands within the platted boundaries of Lely
Golf Estates Unit No. 1, as recorded in Plat
Book 8, page 49, of the Public Records of Collier
County, Florida;
Less and except that Westerly Florida
Power & Light Company Easement; and
All lands within the platted boundaries of Lely
Golf Estates Unit No. 2, as recorded in Plat
Book 8, page 58, of the Public Records of Collier
County, Florida; and
All lands within the platted boundaries of Lely
Golf Estates Forest Hills Section, as recorded
in Plat Book 10, page 84, of the Public Records
of Collier County, Florida; and
All lands within the platted boundaries of Lely
Golf Estates St. Andrews East, as recorded in
Plat Book 10, page 98, of the Public Records of
Collier County, Florida;
Less and except Lots 11-12-13, Block 29;
Lots 1-2, Block 30, and Lot 1, Block 31,
vacated September 5, 1978, recorded in
Public Records Book 770, pages 1539-
1541; and
All lands within the platted boundaries of Lely
Golf Estates St. Andrews West, as recorded in
Plat Book 10, page 93, of the Public Records of
Collier County, Florida;
Less and except that portion of Tract J of
the following:
Begin at the southeast corner of Section
19, Township 50 south, Range 26 East,
run north 39°06'20" west, 359.82 feet;
thence south 50°53'40" west 473.35 feet to
the easterly right-of-way line of S.R. 90,
U.S. 41 (Tamiami Trail); thence north
39°06'20" west, along said right-of-way
SPECIAL DISTRICTS
`— line 550.00 feet; thence north 50053'40"
east 604.72 feet to the easterly boundary
line of said Tract J; thence south 58°29'44"
east along said easterly boundary of said
Tract J 580.78 feet; thence south 2°44'35"
west 485.94 feet to point of beginning; and
All lands within the platted boundaries of
Pinehurst Estates, as recorded in Plat Book 12,
page 1, of the Public Records of Collier County,
Florida; and
Lands within the platted boundaries of Lely
Golf Estates Tract Map, as recorded in Plat
Book 8, page 20, of the Public Records of Collier
County, Florida, as described as:
The north 300 feet of Tract A; and
That Parcel as described in Official Records
Book 1233, pages 2220 and 2221 of the Public
Records of Collier County, Florida, and being
more particularly described as follows:
Commence at a point where the south-
westerly right-of-way line of Forest Hills
Boulevard intersects the east line of Sec-
tion 19 and run north 44°48'32" west,
along said right-of-way line, for 675.54
feet to the northerly most corner of Lot 7,
Block 24 of Lely Golf Estates, Forest Hills
Section as recorded in Plat Book 10, page
84, Collier County Records for point of
beginning; thence run south 45'11'28" west
for 149.07 feet; thence north 43°33'59"
west for 128.61 feet; thence north 62°59'42"
west for 51.57 feet; thence north 24'08'16"
west for 51.57 feet; thence north 43'33'59"
west for 237.39 feet; thence north 32004'50"
west for 205.38 feet; thence north 77°23'56".
east for 200.27 feet; thence south 50044'51"
east for 351.14 feet; thence south 62°57'15"
east for 218.36 feet; thence south 45°11'28"
west for 180.00 feet to the point of begin-
ning and containing 3.51 acres more or
less; and
All of Tract K; and
Commence at the southeast corner of Lot 1,
Block 12, of the plat thereof Pinehurst Estates
as recorded in. Plat Book 12, page 1 of the
Public Records of Collier County, Florida, said
point also lying on the north right-of-way line
Supp. No. 12
§ 122-1447
of Baltusrol Drive; thence along said right-of-
way line south 81°36'30" east 60.00 feet to the
point of beginning of the parcel of land herein-
after described; thence leaving said right-of-
way line north 8°23'30" east 20.00 feet; thence
south 81°36'30" east 20.00 feet; thence south
8°23'30" west 20.00 feet to the aforesaid north
right-of-way line; thence north 81°36'30" west
20.00 feet to the point of beginning. Containing
400 square feet; and
Commence at the northeast corner of Lot 38,
Block 12, of the plat thereof Pinehurst Estates
as recorded in Plat Book 12, page 1, of the
Public Records of Collier County, Florida, said
point also lying on the south right-of-way of
Baltusrol Drive; thence along said right-of-way
line south 81°36'30" east 64.00 feet to the point
of beginning of the parcel of land hereinafter
described; thence leaving said right-of-way line
south 8°23'30" west 20.00 feet; thence south
81°36'30" east 20.00 feet; thence north 8°23'30"
east 20.00 feet to the aforesaid south right-of-
way line; thence north W36'30" west 20.00
feet to the point of beginning. Containing 400
square feet.
(b) The unit hereby created and established is
for the purposes of beautifying and maintaining
the median strips of streets and certain other
public areas within the unit as determined by the
advisory committee. Said unit shall have the
authority to levy ad valorem taxes as prescribed
by law, not to exceed two mills in any one fiscal
year.
(Ord. No. 87-100, § 1; Ord. No. 88-57, § 1; Ord. No.
91-104, § 2; Ord. No. 01-24, § 1, 5-8-01)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(l)(q).
Sec. 122-1447. Governing board, powers and
duties.
The governing board of the unit shall be the
board of county commissioners with the power
and duty to conduct the affairs of the unit as
prescribed by state law.
(Ord. No. 87-100, § 2)
State law reference Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
CD 122:147
§ 122-1448 COLLIER COUNTY CODE
Sec. 122-1448. Advisory committee, duties, (2) Two members shall be appointed for a
responsibilities. term of three years.
(a) Authority to designate. The board of county
commissioners shall, by ordinance, designate an
advisory committee composed of residents who
are taxpayers and electors from within the unit,
with advisory authority to assist in conducting
the business affairs of the unit and such other
duties of the unit as may be assigned from time to
time by the board of county commissioners.
(b) Creation.
(1) Subsections (b) through 0) of this section
are enacted pursuant to Ordinance No.
86-34 enacted by the board of county
commissioners on July 22, 1986, creating
the Lely Golf Estates Beautification Mu-
nicipal Service Taxing Unit in Collier
County, Florida, and providing for an ad-
visory group to advise the board of county
commissioners in matters pertaining to
the unit.
(2) There is hereby created the Lely Golf
Estates Beautification Advisory Commit-
tee, hereinafter referred to as the "com-
mittee."
(c) Appointment and composition.
(1) The committee shall consist of five mem-
bers which generally represent the resi-
dents of the unit as described in this
article.
(2) Members of the committee shall be ap-
pointed by and serve at the pleasure of
the board of county commissioners. Said
members shall be permanent residents
within the unit and electors of the county.
(3) Appointment of members to the commit-
tee shall be by resolution of the board of
county commissioners, which resolution
shall set forth the date of appointment
and the term of office.
(d) Terms of office. The initial terms of office of
the committee shall be as follows:
(1) Three members shall be appointed for a
term of two years.
(3) Thereafter, each appointment or reappoint-
ment shall be for a term of four years.
Appointments to fill any vacancies on the commit-
tee shall be for the remainder of the unexpired
term of office.
(e) Removal from office; failure to attend meet-
ings.
(1) Any member of the committee may be
removed from office by a majority vote of
the board of county commissioners.
(2) If any member of the committee fails to
attend two consecutive committee meet-
ings without satisfactory excuse or if a
member is absent from more than one-
half of the committee's meetings in a
given fiscal year, the committee shall de-
clare the member's seat to be vacant and
the vacancy shall be filled by the board of
county commissioners.
(f) Officers; quorum, rules of procedure.
(1) At its earliest opportunity, the member-
ship of the committee shall elect a chair-
man and vice-chairman from among the
members. Officers' terms shall be for one
year, with eligibility for reelection.
(2) The presence of three or more members
shall constitute a quorum of the commit-
tee necessary to take action and transact
business.
(3) The committee shall, by majority vote of
the entire membership, adopt rules of
procedure for the transaction of business
and shall keep a written record of meet-
ings, resolutions, findings and determina-
tions. Copies of all committee minutes,
resolutions, reports and exhibits shall be
submitted to the board of county commis-
sioners.
(g) Reimbursement of expenses. Members of
the committee shall serve without compensation
but shall be entitled to receive reimbursement for
Supp. No. 12 CD122:148
i SPECIAL DISTRICTS § 122-1449
expenses reasonably incurred in the performance
of their duties upon prior approval of the Board of
County Commissioners.
(h) Functions, powers and duties. The func-
tions, powers and duties of the committee shall be
as follows:
(1) To aid and assist the Board of County
Commissioners in carrying out the pur-
pose of beautifying and maintaining the
median strips of streets and certain other
public areas within the unit.
(2) To prepare and recommend to the Board
of County Commissioners an itemized bud-
get of the amount of money required to
carry out the business of the municipal
service taxing unit for the next fiscal year.
In carrying out this responsibility the
committee shall, no later than April 1 of
each year, meet with the county public
works administrator or his designee and
outline to the administrator those proj-
ects which the committee wishes to see
accomplished during the next fiscal year.
Based upon this information, the admin-
istrator or his designee shall prepare a
proposed budget for the unit in accor-
dance with standard county guidelines
regarding the preparation of budgets. This
proposed budget shall then be reviewed
by the committee and upon approval by
the committee be transmitted through the
public works administrator to the Board
of County Commissioners for adoption in
accordance with the procedures for the
adoption of budgets set forth under gen-
eral law and Board of County Commis-
sioners' policy. Should the committee fail
to approve a budget by June 1 of each
year, the county administrator shall be
authorized to submit a proposed budget to
the Board of County Commissioners.
(3) To recommend work programs and prior-
ities to the county public works adminis-
trator or his designee in accordance with
the adopted budget or budget amend-
ments which may be adopted by the Board
of County Commissioners in accordance
with law. The execution of work programs
shall be under the direct supervision and
responsibility of the public works admin-
istrator or his designee. Said work may be
performed under contract (in accordance
with law) or by county forces.
(4) To adopt and amend guidelines to govern
their operation and the operation of the
municipal service taxing unit, subject to
approval by the Board of County Commis-
sioners.
(i) Duties of public works administrator. The
duties of the public works administrator or his
designee shall be:
(1) To administer the activities of the munic-
ipal service taxing unit in accordance with
established policies of the Board of County
Commissioners and guidelines adopted by
the committee.
(2) To prepare the annual budget in accor-
dance with subsection (h)(2) of this sec-
tion.
(3) To provide periodic written reports to the
committee, the county manager and the
Board of County Commissioners on the
activities of the municipal service taxing
unit and its finances in accordance with
established guidelines of the Board of
County Commissioners or the committee.
(4) To attend all committee meetings.
0) Review process. This committee shall be
reviewed once every four years commencing with
1991, in accordance with the procedures con-
tained in chapter 2, article VIII, division 2 of this
Code.
(Ord. No. 87-69, §§ 1-9; Ord. No. 87-100, § 3)
Cross reference —Boards, commissions, committees and
authorities, § 2-816 et seq.
Sec. 122-1449. Itemized budget.
For the purpose of implementing this article,
the Board of County Commissioners shall annu-
ally, at the time required by general law, make an
itemized estimate of the amount of money re-
quired to carry out the business of the unit for the
next fiscal year, which shall be from October 1 to
and including September 30 following. The esti-
mate shall have for what purpose the monies are
GN Supp. No. 48 CD122:149
122-1449
COLLIER COUNTY CODE
required and the amount necessary to be raised
by taxation within the unit. At the item and place
for fixing the annual rate of taxation for county
purposes, the Board of County Commissioners
shall fix and cause to be levied on all property
within the unit subject to taxation a millage
sufficient to meet the purposes and obligations of
the unit; provided, however, the total millage
shall not exceed two mills in any one fiscal year.
(Ord. No. 87-100, § 4; Ord. No. 88-57, § 2; Ord. No.
91-104, § 3; Ord. No. 01-24, § 2, 5-8-01)
Sec. 122-1450. Collection of taxes.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 87-100, § 5)
Secs. 122-1451-122-1470. Reserved.
ARTICLE LIV. COUNTRYSIDE 1, 2 AND 3
rTREET LIGHTING MUNICIPAL SERVICE
TAXING UNIT
Sec. 122-1471. Created; boundaries.
Pursuant to F.S. ch. 125, the Countryside 1, 2
and 3 Street Lighting Municipal Service Taxing
Unit is hereby created for the purpose of provid-
ing street lighting to the residents of the taxing
unit, the boundaries of which are hereinafter
described:
All of Countryside 1, 2, and 3 as recorded in
Plat Book 14, pages 50-52, 55-56, and 78-
80, inclusive, of the public records of Collier
County, Florida; all being a part of Section 5,
Township 50 South, Range 26 East, Collier
County, Florida, containing 175.39 acres more
or less.
(Ord. No. 88-14, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1472. Governing body.
The governing body of the unit shall be ex
officio the Board of County Commissioners.
(Ord. No. 88-14, § 2)
State law reference —Similar provisions, F.S. § 125.01(2).
Sec. 122-1473. Purpose; powers.
The unit is formed for the purpose of providing
street lighting in the above -described subdivision
and to that end shall possess all the powers to do
all things reasonably necessary to provide such
services, including ownership or rental of prop-
erty, poles, wires, conduits, lights and meters, and
the power to maintain the same and to enter into
contracts for providing the same and the electric
current to operate any lighting system therein
installed.
(Ord. No. 88-14, § 3)
Sec. 122-1474. Annual estimates of expenses;
taxation rate.
For the purpose of carrying into effect this
article, the Board of County Commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
unit for the next fiscal year, which shall be from
October 1 to and including September 30 follow-
ing. The estimate shall have for what purpose the
moneys are required and the amount necessary to
be raised by taxation within the unit. 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 property within the unit subject to
taxation a millage sufficient to meet the require-
ments of the estimate; provided, however, the
total millage shall not exceed the millage autho-
rized by law for municipal service taxing or ben-
efit units.
(Ord. No. 88-14, § 4)
Sec. 122-1475. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 88-14, § 5)
Secs. 122-1476-122-1495. Reserved.
�upp. No. 48 CD122:150
SPECIAL DISTRICTS § 122-1551
ARTICLE LV. MUIRFIELD SUBDIVISION
STREET LIGHTING MUNICIPAL SERVICE
TAXING UNIT
Sec. 122-1496. Created; boundaries.
Pursuant to F.S. ch. 125, the Muirfield Subdi-
vision Street Lighting Municipal Service Taxing
Unit is hereby created for the purpose of provid-
ing street lighting to the residents of the taxing
unit, the boundaries of which are hereinafter
described:
All of Muirfield Subdivision as recorded in Plat
Book 14, page 75, of the public records of
Collier County, Florida; all being a part of
Sections 20 and 21, Township 50 South, Range
26 East, Collier County, Florida, containing
19.686 acres more or less.
(Ord. No. 88-15, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1497. Governing body.
The governing body of the unit shall be ex
officio the Board of County Commissioners.
(Ord. No. 88-15, § 2)
State law reference —Similar provisions, F.S. § 125.01(2).
Sec. 122-1498. Purpose; powers.
The unit is formed for the purpose of providing
street lighting in the above -described subdivision
and to that end shall possess all the powers to do
all things reasonably necessary to provide such
services, including ownership or rental of prop-
erty, poles, wires, conduits, lights and meters, and
the power to maintain the same and to enter into
contracts for providing the same and the electric
current to operate any lighting system therein
installed.
(Ord. No. 88-15, § 3)
Sec. 122-1499. Annual estimates of expenses;
taxation rate.
For the purpose of carrying into effect this
article, the Board of County Commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
unit for the next fiscal year, which shall be from
October 1 to and including September 30 follow-
ing. The estimate shall have for what purpose the
moneys are required and the amount necessary to
be raised by taxation within the unit. 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 property within the unit subject to
taxation a millage sufficient to meet the require-
ments of the estimate; provided, however, the
total millage shall not exceed the millage autho-
rized by law for municipal service taxing or ben-
efit units.
(Ord. No. 88-15, § 4)
Sec. 122-1500. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 88-15, § 5)
Secs. 122-1501-122-1520. Reserved.
ARTICLE LVI. RESERVED*
Secs. 122-1521-122-1550. Reserved.
ARTICLE LVII. BERKSHIRE LAKES
UNITS 1 AND 2 STREET LIGHTING
MUNICIPAL SERVICE TAXING UNIT
Sec. 122-1551. Created; boundaries.
Pursuant to F.S. ch. 125, the Berkshire Lakes
Units 1 and 2 Street Lighting Municipal Service
Taxing Unit is hereby created for the purpose of
providing street lighting to the residents of the
taxing unit, the boundaries of which are herein-
after described:
All of Berkshire Lakes Unit 1 as recorded in
Plat Book 14, pages 118-120, inclusive, of the
public records of Collier County, Florida; all
*Editor's note —Ord. No. 98-41, adopted May 26, 1998,
repealed §§ 122-1521-122-1527 in their entirety. Formerly,
said sections pertained to the Marco Island beachfront renourish-
ment facilities MSTU. See the Code Comparative Table.
Supp. No. 48 CD122:151
122-1551 COLLIER COUNTY CODE
being a part of Section 32, Township 49 South,
Range 26 East, Collier County, Florida, contain-
ing 122.17 acres more or less; and
All of Berkshire Lakes Unit 2 as recorded in
Plat Book 15, pages 42, 43, inclusive, of the
public records of Collier County, Florida; all
being a part of Section 32, Township 49 South,
Range 26 East, Collier County, Florida, contain-
ing 46.60 acres more or less.
(Ord. No. 88-110, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1552. Governing body.
The governing body of the unit shall be ex
officio the Board of County Commissioners.
(Ord. No. 88-110, § 2)
State law reference —Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
Sec. 122-1553. Purpose; powers.
The unit is formed for the purpose of providing
street lighting in the above -described subdivision
ind to that end shall possess all the powers to do
%%�11 things reasonably necessary to provide such
services, including ownership or rental of prop-
erty, poles, wires, conduits, lights and meters, and
the power to maintain the same and to enter into
contracts for providing the same and the electric
current to operate any lighting system therein
installed.
(Ord. No. 88-110, § 3)
Sec. 122-1554. Annual estimates of expenses;
taxation rate.
For the purpose of carrying into effect this
article, the Board of County Commissioners shall
annually, at the time required by general budget-
ary law, make an itemized estimate of the amount
of money required to carry out the business of the
unit for the next fiscal year, which shall be from
October 1 to and including September 30 follow-
ing. The estimate shall have for what purpose the
moneys are required and the amount necessary to
be raised by taxation within the unit. 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 property within the unit subject to
taxation a millage sufficient to meet the require -
ments of the estimate; provided, however, the
total millage shall not exceed the millage autho-
rized by law for municipal service taxing or ben-
efit units.
(Ord. No. 88-110, § 4)
Sec. 122-1555. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 88-110, § 5)
Secs. 122-1556-122-1575. Reserved.
ARTICLE LVIII. CHOKOLOSKEE ISLAND
MUNICIPAL SERVICE TAXING UNIT
Sec. 122-1576. Creation, location.
There is hereby created the Chokoloskee Island
Municipal Service Taxing Unit. The unit shall
include all lands within the following boundaries:
All those lands described as:
The southeast one -quarter of the southeast
one -quarter of Section 25, and the east one-half
of Section 36, all in Township 53 South, Range
29 East; together with
The southwest one -quarter of the southwest
one -quarter of Section 30, and the west one-
half of Section 31, all in Township 53 South,
Range 30 East,
said lands as described above being otherwise
known as Chokoloskee Island, Collier County,
Florida.
(Ord. No. 89-88, § 1)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1577. Purpose and intent.
The unit hereby created is for the purpose of
exercising those powers authorized by F.S. ch. 125
and other applicable law. It is the intent to utilize
all revenues generated by the unit to defray all
feasibility costs incurred as they may relate to the
�upp. No. 48 CD122:152
SPECIAL DISTRICTS § 122-1654
petitioned Chokoloskee Island Waterline Improve-
ments. Final design and construction costs will be
financed under provisions contained in article II
of this chapter.
(Ord. No. 89-88, § 2)
Sec. 122-1578. Governing board.
The Board of County Commissioners shall be
the governing board of the unit created by this
article, with power and authority to conduct the
affairs of the unit as prescribed by Florida Stat-
utes.
(Ord. No. 89-88, § 3)
State law reference —Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
Secs. 122-1579-122-1600. Reserved.
ARTICLE LIX. RESERVED"
Secs. 122-1601-122-1625. Reserved.
ARTICLE LX. RESERVEDt
Secs. 122-1626-122-1650. Reserved.
ARTICLE LXI. PELICAN BAY MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT$
DIVISION 1. GENERALLY
Sec. 122-1651. Creation of the Pelican Bay
Municipal Service Taxing and
Benefit Unit.
Pursuant to Chapter 125, Florida Statutes,
and Collier County Ordinance No. 88-23, the
*Editor's note —Ord. No. 98-109, adopted Nov. 24, 1998,
repealed §§ 122-1601-122-1608 in their entirety. Formerly,
said sections pertained to the children's support services
district. See the Code Comparative Table —Ordinance Dispo-
sition.
tEditor's note —Ord. No. 98-99, adopted Nov. 24, 1998,
repealed §§ 122-1626-122-1630 in their entirety. Formerly,
said sections pertained to the Turnbury Subdivision Street
Lighting MSTU. See the Code Comparative Table —Ordinance
Disposition.
*Editor's note —Ord. No. 01-19, §§ 1, 2, adopted Apr. 10,
2001, amended §§ 122-1651-122-1658 in their entirety. Fur -
Pelican Bay Municipal Service Taxing and Bene-
fit Unit (hereinafter "Unit") is hereby created for
the purpose of providing street lighting, water
management, extraordinary law enforcement ser-
vice and beautification, including but not limited
to beautification of recreation facilities, sidewalk,
street and median areas, identification markers,
the maintenance of conservation or preserve ar-
eas, including the restoration of the mangrove
forest preserve and to finance the landscaping
beautification of only that portion of U.S. 41 from
Pine Ridge Road to Vanderbilt Beach Road. While
repealing prior ordinances pertaining to the unit,
the purpose of this article is to adopt a new
ordinance that consolidates said preexisting ordi-
nances into one easily read and understood arti-
cle, with some modifications that express the will
of the property owners within the unit.
(Ord. No. 02-27, § 1, 5-28-02; Ord. No. 2006-05,
§ 1)
Sec. 122-1652. Boundaries of the unit.
The Pelican Bay Municipal Service Taxing and
Benefit Unit is comprised of and includes those
lands as described on the attached Exhibit "A"*
and as depicted on the map attached hereto as
Exhibit "B".
(Ord. No. 02-27, § 2, 5-28-02)
* Note— Exhibit A is not set out herein, but available as
an attachment to Ord. No. 02-27.
Sec. 122-1653. Governing body.
The governing body of the unit shall be ex-
officio the Board of County Commissioners of
Collier County, Florida.
(Ord. No. 02-27, § 3, 5-28-02)
Sec. 122-1654. Purpose; powers.
The Unit is formed for the purpose of providing
street lighting, water management, beach
renourishment, ambient noise management, ex-
ther, said ordinance added §§ 122-1671-122-1678 and re-
pealed §§ 122-1659-122-1661 in their entirety. Formerly said
repealed sections pertained to bonding and borrowing; reve-
nue and expansion, contraction, merger and dissolution as
related to the former Pelican Bay Services District. See the
Code Comparative Table —Ordinance Disposition.
Subsequently, Ord. No. 02-27, §§ 1-16, adopted May 28,
2002, amended art. LXI to read as herein set out.
LSupp. No. 51 CD122:153
§ 122-1654
COLLIER COUNTY CODE
traordinary law enforcement service and beauti-
fication, including but not limited to, beautifica-
tion of recreation facilities, sidewalk, street and
median areas, identification markers, the main-
tenance of conservation or preserve areas includ-
ing the restoration of the mangrove forest pre-
serve and to finance the landscaping beautification
of only that portion of U.S. 41 from Pine Ridge
Road to Vanderbilt Beach Road in the above -
described taxing and benefit unit and to that end
shall possess all the powers to do all things
reasonably necessary to provide such services.
The Unit will be solely responsible for advising
the County on dredging and maintaining Clam
Pass for the purpose of enhancing the health of
the affected mangrove forest, and will manage
such activities for the County.
(Ord. No. 02-27, § 4, 5-28-02; Ord. No. 2006-05,
§ 2; Ord. No. 2013-19, § 1; Ord. No. 2013-61, § 1)
Sec. 122-1655. Annual estimates of expenses;
taxation and assessment rate.
For the purpose of carrying into effect and the
administration of this article, the Board of County
Commissioners shall annually, at the time re-
quired by general budgetary law, review and
adopt an itemized estimate of the amount of
money required to carry out the business of the
unit for the next fiscal year, which shall be from
October 1 to and including September 30 follow-
ing (the "budget"). The proposed budget shall be
prepared and reviewed by the Pelican Bay Ser-
vices Division Board prior to its consideration by
the Board of County Commissioners and after
review by the Pelican Bay Services Division Board,
the budget shall be heard, considered and ad-
opted by the Board of County Commissioners as
provided for herein. The proposed budget shall
describe the purpose or purposes for which the
moneys are required and the amount necessary to
be raised by taxation and special assessment
within the unit. At the time and place for estab-
lishing the annual rate of taxation for county
purposes, the Board of County Commissioners
shall fix and cause to be levied on all property
within the unit subject to taxation or assessment
a millage and assessment sufficient to meet the
requirements of the budget; provided, however,
the total millage shall not exceed the millage
authorized by law for municipal service, taxing
and benefit units.
(Ord. No. 02-27, § 5, 5-28-02; Ord. No. 2006-05,
§ 3)
Sec. 122-1656. Tax and assessment, imposi-
tion and collection.
Taxes and assessments herein provided for
shall be levied and assessed, imposed and col-
lected in the same manner and form as provided
for the levy and assessment and collection of
general county taxes subject to the same fees for
assessing and collecting as general county taxes
in accordance with, general law.
(Ord. No. 02-27, § 6, 5-28-02)
Secs. 122-1657-122-1660. Reserved.
DIVISION 2. ADMINISTRATION
Sec. 122-1661. Creation of the Pelican Bay
Municipal Service Taxing and
Benefit Unit Advisory Com-
mittee Known as the Pelican
Bay Services Division Board.
Concurrent with the passage of the Ordinance,
an 11 member advisory committee to be known as
the Pelican Bay Services Division Board (PBSD
Board) is hereby created. Those individuals who
are members of the PBSD Board pursuant to
Collier County Ordinance No. 90-111, as amended,
as of the moment prior to the effective date of this
Ordinance, shall continue on as members of the
PBSD Board until March 31st of the year in
which their term would have expired as set forth
in the prior ordinances, and shall continue to hold
over and serve in that capacity until their position
is filled as provided for in this Ordinance. In
addition, there shall be 1 non -voting member
nominated by the Pelican Bay Foundation in the
manner set forth below. This non -voting member
shall not be subject to the voting requirements set
forth below.
(Ord. No. 02-27, § 7, 5-28-02; Ord. No. 2006-05,
§ 4; Ord. No. 2013-19, § 2)
Supp. No. 51 CD122:154
SPECIAL DISTRICTS § 122-1662
Sec. 122-1662. Composition, nomination and
appointment.
(a) The PBSD Board shall be representative of
the residential, business and commercial inter-
ests and landowners in Pelican Bay. To that end,
nine of the PBSD Board members shall be repre-
sentative of the residential interests within the
Unit and two of the PBSD Board members shall
be representative of the commercial and business
interests within the Unit. The non -voting mem-
ber shall be recommended for appointment by the
Pelican Bay Foundation. The non -voting member
should be an individual who is not related to and
who is independent of the other Board members
and County employees, with no apparent conflict
of interest or appearance of impropriety.
Members of the PBSD Board shall be ap-
pointed by and serve at the pleasure of the Board
of County Commissioners pursuant to the proce-
dure outlined herein. The nine (9) PBSD Board
members representative of the residential inter-
ests within the Unit, and the non -voting member
recommended for appointment by the Pelican Bay
Foundation, shall be residents of and qualified
electors within the Unit. The two PBSD Board
members representative of the commercial/busi-
ness/other interests shall be residents of and
qualified electors in Collier County.
Appointment of members to the PBSD Board
shall be by resolution of the Board of County
Commissioners, which resolution shall set forth
the date of appointment and the term of office.
Any member of the PBSD Board who ceases to
meet the requisite qualifications during his or her
term of office shall immediately advise the Board
of County Commissioners in writing of such change
in status. Upon the Board of County Commission-
ers receiving such notice, otherwise becoming
aware of such vacancy, or if a vacancy occurs by
any other process, the Board of County Commis-
sioners shall declare the position to be vacant and
shall promptly consider filling the vacant position
with a person from among the unsuccessful can-
didates) vying for the position from the immedi-
ately preceding recommendatory balloting that
receives recommendation from the PBSD Board.
In the event the PBSD Board should fail to
provide its recommendation to the Board of County
Commissioners within 20 days of the Board of
County Commissioners being informed of "mem-
ber's change in status", the Board of County
Commissioners shall appoint the recent unsuc-
cessful candidate that received the greatest num-
ber of votes among those unsuccessful candidates.
In the event that there are no prior unsuccessful
candidates available for appointment to the PBSD
Board as provided herein, the vacant position
shall be filled pursuant to the procedures of
Collier County Ordinance No. 2001-55, including
as may be amended or its successor ordinance.
(b) The terms and provisions of section six of
Collier County Ordinance No. 2001-55, titled "Pro-
cess of Appointment", shall not be applicable to
appointment of members to the unit.
(c) Upon adoption of the ordinance from which
this section derives, all of the members of the
PBSD Board shall be appointed by, and all vacan-
cies shall be filled by, the Board of County Com-
missioners, in the manner outlined herein, begin-
ning with appointment to the PBSD Board of
members to fill expiring memberships.
All appointments of members to the PBSD
Board shall be at the sole and complete discretion
of the Board of County Commissioners. Provided
however, that the Board of County Commission-
ers will take into consideration and give great
weight to the recommendations of the property
owners within the unit, utilizing the process out-
lined herein. Beginning with the second Tuesday
in December, 2002, and each second Tuesday in
December thereafter, the Board of County Com-
missioners shall publicly announce and advertise
all current vacancy(ies) on the PBSD Board as of
that date and shall request that applications be
submitted to the Board of County Commissioners
to fill the expiring term(s). All such applications
shall be submitted in writing to the Board of
County Commissioners no later than 28 days
after said announcement as determined by the
postmark on mailed applications and the time
stamp on hand delivered applications. The name(s)
of all appropriately qualified individuals timely
submitted to the Board of County Commissioners
shall be considered nominees for appointment to
fill said expiring term(s). The Board of County
Commissioners shall then publish said list of
%li.e Supp. No. 48 CD122:155
122-1662
COLLIER COUNTY CODE
nominees and the positions on the PBSD Board
the list of all parcels within the unit, each
for which they have been nominated (i.e., for the
parcel's identification number, the names
"residential interests" or for the "commercial/
of the property owners and their ad-
business/other interests") and deliver a con-
dresses, with said list designating each
formed copy thereof to the clerk of courts (the
parcel as either residential/commercial/
"clerk").
other (based upon the property apprais-
The clerk shall cause the name of each nominee
er's classification system).
as reported and published by the Board of County
Commissioners to be included on the mail ballot,
(3) The mail ballots shall be cast directly
which ballot shall be mailed to all of the nongov-
ernmental property owners of the class (i.e. "res-
stated in the notice of the balloting pub-
idential or commercial/business/other") correspond-
lished by the Board of County Commis-
ing with the class for which the balloting is
sioners, the clerk, with the assistance of
occurring ("residential or commercialibusiness/
the county attorney's office, shall open
other") within the unit no less than 30 days prior
and count the ballots, which have been
to the balloting date. Said balloting date being set
returned to the clerk as of the date and
by the Board of County Commissioners.
time stated in such notice of balloting, in
(d) (1) One indivisible vote may be cast for
a manner which the clerk deems advis-
each parcel in the unit regardless of the
able and not inconsistent with the provi-
number of persons who have an owner-
sions of this section. Any member of the
ship interest in the property or the man-
public shall be entitled to attend and
ner in which title is held by them, with
observe. The determination of the clerk
each discrete parcel being those as listed
and the county attorney of validity of any
by the property appraiser of Collier County
ballot shall be final.
and as approved by resolution of the Board
of County Commissioners. Commercial/(4)
The nominee(s) receiving a plurality of
business/other owners cast ballots only
the ballots cast in each category of mem-
for "commercial/ business/other interest"
bership shall be deemed the successful
positions and residential owners cast bal-
nominee(s) and their name(s) shall be
lots only for "residential interest" posi-
reported and forwarded to the Board of
tions. Only one ballot shall be counted for
County Commissioners. The Board of
each parcel. If multiple ballots are cast for
County Commissioners shall then, at their
the same parcel by owners of record, all
next regularly scheduled meeting, make
ballots for that parcel will be deemed
the necessary appointments to fill said
invalid. It is not the responsibility of the
positions.
clerk or the county attorney to determine
or select the ballot to be counted wherein
(e) The cost of the nomination and balloting
multiple ballots for a parcel are cast as
process shall be borne by the Board of County
described herein.
Commissioners.
(2) For purposes of determining record title
owners of property entitled to cast ballots,
(f) Notwithstanding the foregoing, if the num-
the listed record title owners of property
ber of nominees for the position which they have
as evidenced by the Collier County Prop-
been nominated (i.e., for the "residential inter-
erty Appraiser's tax rolls as of 60 days
ests" or for the "commercial/business/other inter -
prior to the balloting date shall be utilized
ests") does not exceed the number of open mem-
and deemed conclusive. Not less than 45
bers for that position, then there shall be no
days prior to the balloting date, the prop-
balloting for such position. Instead, the list of
erty appraiser shall provide the clerk and
nominees for the position shall simply be for -
the Board of County Commissioners with
warded to the Board of County Commissioners,
�upp. No. 48
CD122:156
SPECIAL DISTRICTS § 122-1667
who, following public hearing on the matter, will
make the necessary appointments to fill said
positions.
(Ord. No. 02-27, § 8, 5-28-02; Ord. No. 2006-05,
§ 5; Ord. No. 2009-05, § 1; Ord. No. 2013-19, § 3)
Sec. 122-1663. Terms of office of the Pelican
Bay Services Division Board.
In 2002, of the four terms which are expiring:
i) two positions shall be filled with persons
representative of the residential interests who
shall each be appointed for a four-year term; and
ii) two positions shall be filled with persons
representative of the commercial/business/other
interests, wherein one person will be appointed
for a four-year term and one person appointed
for a two-year term. Thereafter, each appoint-
ment or reappointment shall be for a term of four
years. Each new term of appointment will begin
on the date of appointment and expire on March
31st.
A member of the PBSD Board may be reap-
pointed by the Board of County Commissioners
without limitations. Appointments to fill any
vacancies on the PBSD Board shall be for the
remainder of the unexpired term of office.
(Ord. No. 02-27, § 9, 5-28-02; Ord. No. 2006-05,
§ 6)
Sec. 122-1664. Removal from office; failure
to attend meetings.
(a) Any member of the PBSD Board may be
removed from office by a majority vote of the
Board of County Commissioners.
(b) Notwithstanding the provisions of Collier
County Ordinance No. 2001-55 as to attendance,
if any member of the PBSD Board fails to attend
two consecutive board meetings without a satisfac-
tory excuse, as determined by the PBSD Board,
or if a member is absent from more than one-half
of the PBSD Board's meetings in a given fiscal
year, the PBSD Board shall declare the member's
seat to be vacant and the vacancy shall be filled
by the Board of County Commissioners in
conformance with this article.
(Ord. No. 02-27, § 10, 5-28-02; Ord. No. 2006-05,
§ 7)
Supp. No. 76
Sec. 122-1665. Officers; quorum; rules of
procedure.
(a) At its earliest opportunity, the member-
ship of the PBSD Board shall elect a chairman
and vice chairs from among those members
willing to serve. Officers' terms shall be for one
year, with eligibility for re-election.
(b) The presence of six or more members shall
constitute a quorum of the PBSD Board neces-
sary to take action and transact business. In
addition, an affirmative vote of a majority of the
members present shall be necessary in order to
take action, except that an affirmative vote of
seven or more members present shall be required
to recommend the budget for the unit to the
Board of County Commissioners.
(c) The PBSD Board shall, by majority vote of
the entire membership, adopt rules of procedure
for the transaction of business of the PBSD
Board and shall keep a detailed record of meet-
ings, resolutions, findings and determinations.
(Ord. No. 02-27, § 11, 5-28-02; Ord. No. 2006-05,
§ 8; Ord. No. 2013-19, § 4; Ord. No. 2018-12, § 1)
Sec. 122-1666. Reimbursement of expenses.
Members of the PBSD Board shall serve
without compensation, but shall be entitled to
receive reimbursement for expenses reasonably
incurred in the performance of their duties upon
prior approval of the Board of County Commis-
sioners after approval by the PBSD Board.
(Ord. No. 02-27, § 12, 5-28-02; Ord. No. 2006-05,
§ 9)
Sec. 122-1667. Functions, powers and duties
of the Pelican Bay Services
Division Board.
The functions, powers and duties of the PBSD
Board shall be as follows, and shall be carried
out consistent with the provisions of the
memorandum of understanding/letter of
understanding referenced herein:
(1) With the assistance of the county manager,
provide input to the Board of County
Commissioners in carrying out the
CD122:157
./
§ 122-1667
COLLIER COUNTY CODE
purposes of the Pelican Bay Municipal
Service Taxing and Benefit Unit as set
forth in this article.
(2) Upon any decision by the Board of County
Commissioners to dissolve, merge or
otherwise change or discontinue the func-
tions or services provided by the Pelican
Bay MSTBU, the PBSD Board shall be
prepared to and shall aid, assist and
provide input to the county manager and
the Board of County Commissioners,
within the time frame requested, in
effectuating a smooth and expeditious
transfer of street lighting, water manage-
ment and beautification services,
responsibilities and obligations to the
unit.
control of the day to day operational
affairs of the unit to the maximum extent
allowed by law, unless and except when
there is some overriding governmental
reason to do otherwise.
(Ord. No. 02-27, § 13, 5-28-02; Ord. No. 2006-05,
§ 10)
Sec. 122-1668. Duties of the county
manager.
The duties of the county manager or his
designee shall be:
(1)
(3) With the assistance of the county manager,
to prepare and recommend to the Board
of County Commissioners an itemized (2)
budget of the amount of money required
to carry out the business of the unit for
the next fiscal year.
(4) The PBSD Board shall recommend work
programs and priorities to the Board of
County Commissioners in accordance with
the adopted budget or budget amend-
ments which may be adopted by the
Board of County Commissioners in
accordance with law. The execution of
work programs shall be under the direct
supervision and responsibility of the
Pelican Bay Services Division Board to
be executed by the Pelican Bay Services
Division staff with the assistance of any
additional county staff needed in
accordance with the memorandum of
agreement/letter of understanding. Said
work may be performed under contract
(in accordance with law and county policy)
or by county forces.
(5) To enter into a memorandum of agree-
ment/letter of understanding with the
Board of County Commissioners, and
with the county manager, wherein the
parties outline that the intent in the
operation of the unit is to allow the
PBSD Board to exercise decision and
To participate in the administration of
the activities of the unit in accordance
with the memorandum of agreement/
letter of understanding, and the
established policies of the Board of County
Commissioners, subject to the terms of
this article.
To assist the PBSD Board performing its
functions as defined by this article includ-
ing the preparation of the proposed annual
budget.
(3) To require any contract manager or
employee manager of the unit to report
directly to the county manager.
(Ord. No. 02-27, § 14, 5-28-02; Ord. No. 2006-05,
§ 11)
Sec. 122-1669. Review process.
This article shall be reviewed once every four
years, in accordance with the procedures contained
in Collier County Ordinance No. 2001-55.
(Ord. No. 02-27, § 15, 5-28-02)
Supp. No. 76 CD122:158
SPECIAL DISTRICTS
Sec. 122-1670. Opportunity to comment prior
to initial implementation or
use of the unit's taxing and
assessment authority.
Prior to adopting the budget for the unit and
implementing any taxing or assessment authority
under this unit, the board of county commission-
ers shall hold a public hearing upon reasonable
notice in a local newspaper of general circulation.
At such public hearing the board of county com-
missioners will consider the budget recommended
by the PBSD Board and provide the public the
opportunity to comment on the proposed budget
and the implementation or use of the unit's taxing
and assessment authority.
(Ord. No. 02-27, § 16, 5-28-02; Ord. No. 2006-05,
§ 12)
EXHIBIT A
The Pelican Bay Services District is comprised
of and includes those lands described as follows:
A tract of land being in portions of Sections
32 and 33, Township 48 South, Range 25 East;
together with portions of Sections 4, 5, 8 and 9,
Township 49 South, Range 25 East, Collier
County, Florida, being one and the same as the
lands encompassed by the Pelican Bay Improve-
ment District, the perimeter boundary of same
more particularly described as follows:
Commencing at the Southeast corner of said
Section 33; thence South 89 degrees 59 min-
utes 50 seconds West along the South line of
Section 33 a distance of 150.02 feet to a point
on the West right-of-way line of U.S. 41 (State
Road 45), said point also being the Point of
Beginning; thence Southerly along the West
right-of-way line of said U. S. 41 (State Road
45) the following courses: South 00 degrees 58
minutes 36 seconds East a distance of 2.49 feet;
thence South 00 degrees 55 minutes 41 seconds
East a distance of 3218.29 feet; thence South
01 degrees 00 minutes 29 seconds East a dis-
tance of 3218.56 feet; thence South 00 degrees
59 minutes 03 seconds East a distance of 2626.21
feet; thence South 01 degrees 00 minutes 18
seconds East a distance of 2555.75 feet to a
point on the North right-of-way line of Pine
Road as recorded in D.B. 50, Page 490, among
§ 122-1670
the Public Records of said Collier County; thence
departing said U.S. 41 (State Road 45) South
89 degrees 09 minutes 45 seconds West along
said North right-of-way line a distance of 2662.61
feet; thence South 00 degrees 51 minutes 44
seconds East a distance of 70.00 feet to a point
on the North line of Seagate Unit 1 as recorded
in Plat Book 3, Page 85 among said Public
Records; thence South 89 degrees 09 minutes
45 seconds West along said North line of Seagate
Unit 1 and the South line of said Section 9 a
distance of 2496.67 feet to the Southwest cor-
ner of said Section 9; thence continue South 89
degrees 09 minutes 45 seconds West a distance
of 225 feet more or less to a point on the mean
high water line established May 15, 1968;
thence a Northwesterly direction along said
mean high water line a distance 15716 feet
more or less; thence departing said mean high
water line South 80 degrees 29 minutes 30
seconds East and along the Southerly line of
Vanderbilt Beach Road (State Road 862) as
recorded in D.B. 15, Page 121 among said
Public Records a distance of 7385 feet more or
less to a point on said West right-of-way line of
U. S. 41 (State Road 45); thence South 00
degrees 58 minutes 36 seconds East along said
West right-of-way line a distance of 2574.36
feet to the Point of Beginning.
Supp. No. 25
CD122:159
§ 122-1670
COLLIER COUNTY CODE ^
LExhibit B
Pelican Bay —Exhibit B
Supp. No. 25 CD122:160
SPECIAL DISTRICTS
Secs. 122-1671-122-1700. Reserved.
ARTICLE LXII. HAWKSRIDGE
STORMWATER PUMPING SYSTEM
MUNICIPAL SERVICE TAXING UNIT
Sec. 122-1701. Creation, purpose.
There is hereby created and established the
Hawksridge Stormwater Pumping System Munic-
ipal Service Taxing Unit (hereinafter referred to
as the "unit") for the purpose of doing all things
reasonably necessary in connection with the ad-
ministration, operation, and maintenance of a
stormwater pumping system located within the
Hawksridge PUD.
(Ord. No. 91-63, § 2)
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1702. Authority.
This article is adopted pursuant to F.S. chs. 125
and 200 and other applicable provisions of law.
(Ord. No. 91-63, § 1)
Sec. 122-1703. Boundaries.
The unit shall comprise all those lands within
the Hawksridge PUD located in the county, and
more specifically described as:
All that part of the north half of the northeast
quarter, Section 23, Township 49 South, Range
25 East, Collier County, Florida lying westerly
of Airport -Pulling Road (CR-31).
(Ord. No. 91-63, § 3)
Sec. 122-1704. Governing body.
The governing body of the unit shall be the
Board of County Commissioners, with the power
and duty to conduct the affairs of the unit as
described herein and prescribed by Florida Stat-
utes.
(Ord. No. 91-63, § 4)
State law reference —Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
§ 122-1775
Sec. 122-1705. Annual estimates of expenses;
taxation rate.
For the purpose of implementation and admin-
istration of this article, the Board of County
Commissioners shall annually, at the time re-
quired by general budgetary law, make an item-
ized estimate of the amount of money required to
carry out the business of the unit for the next
fiscal year, which shall be from October 1 to and
including September 30 following. The estimate
shall describe the purpose or purposes for which
the money is required and the amount necessary
to be raised by taxation within the unit. At the
time and place for establishing the annual rate of
taxation for county purposes, the board shall fix
and cause to be levied on all property within the
unit subject to taxation an annual millage levy
not to exceed one mill to provide for the purposes
of the unit.
(Ord. No. 91-63, § 5)
Sec. 122-1706. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes
in accordance with general law.
(Ord. No. 91-63, § 6)
Secs. 122-1707-122-1750. Reserved.
ARTICLE LXIII. RESERVED*
Secs. 122-1751-122-1775. Reserved.
*Editor's note Ord. No. 2009-02, § 1, adopted Feb. 10,
2009, repealed Art. LXIII, §§ 122-1751-122-1755, which
pertained to Naples Production Park Street Lighting Munici-
pal Service Taxing Unit and derived from Ord. No. 91-97,
§§ 1-5; and Ord. No. 98-87, § 1.
.W Supp. No. 48 CD122:161
122-1776 COLLIER COUNTY CODE
ARTICLE LXIV. FOREST LAKES
ROADWAY AND DRAINAGE MUNICIPAL
SERVICE TAXING UNIT
DIVISION 1. GENERALLY
Sec. 122-1776. Created; boundaries, purpose,
taxing authority.
1. There is hereby created the Forest Lakes
Roadway and Drainage Municipal Service Taxing
Unit (hereafter referred to as the "Unit") with
boundaries described as follows, to wit:
A tract of land in Section 14, Township 49 South,
Range 25 East, Collier County, Florida described
as follows:
Commencing at the Northwest corner of said
Section 14, run S. 00' 19' 00" W along the west
line of said Section 14 for 50.00 feet to the
POINT OF BEGINNING, said point being on
the Southerly Right-of-way line of State Road
S-896 (Pine Ridge Road) and being the North-
western most corner of the Forest Lakes Homes
as recorded in Plat Book 12, Pages 41 - 46 in
the public records of Collier County, Florida;
thence run East, along said Right-of-way line
for 1275.27 feet to a point on the Western
right-of-way of Forest Lakes Boulevard; thence
continuing along said right-of-way of SR S-896,
East for 1,372.88 feet to the North '/4 corner of
Section 14; thence continuing along said Right-
of-way N. 89' 59' 40" E for 1,323.81 feet to a
point on the East line of the Northwest '/4 of the
Northeast '/4 of said Section 14 and being the
Eastern right-of-way of Woodshire Lane; thence
leaving SR S-896 and run along the Eastern
right-of-way of Woodshire Lane and the east
line of the Northwest 'A of the Northeast 1/4 of
said Section 14, S 00° 04' 18" E for 749.54 feet
to a point of curvature of said road; thence
leaving said road and continuing along said
line, S 00° 04' 18" E for 512.50 feet to the
Southeast corner of the Northwest '/4 of the
Northeast '/4 of said Section 14; thence along
the South line of the Northwest of the North-
east'/4 S 89° 48' 47" W for 512.50 feet to a point
on the Southern right-of-way of Woodshire Lane;
thence continuing along said line S 89° 48' 47"
W for 811.38 feet to the North -South '/2 line of
said Section 14; thence along the Eastern right-
of-way of Woodshire Lane and the North -South
'/2 line S 00° 01' 23" E for 2,508.87 feet to a
point; thence leaving said line S 89' 39' 24" W
for 21.59 feet to a point, said point being the
Southeasterly most corner of Forest Lakes
Homes as recorded in Plat Book 12, Pages
41-46 in the public records of Collier County,
Florida; thence S 89' 39' 24" W for 476.79 feet
to a point of curvature; thence 221.52 feet along
the are of a curve, concave to the Southeast,
having a radius of 667.29 feet and subtended
by a chord having a length of 220.51 feet and
bearing S 80' 08' 46.5" W to a point of tan-
gency; thence S 70' 38' 09" W for 78.45 feet to
a point of curvature; thence 990.66 feet along
the arc of a curve, concave to the Northeast,
having a radius of 1,250.00 feet and subtended
by a chord having a length of 964.94 feet and
bearing N 86' 39' 35.5" W to a point of reverse
curvature; thence 829.00 feet along the are of a
curve, concave to the South, having a radius of
900.00 feet and subtended by a chord having a
length of 800.00 feet and bearing S 89' 39' 24"
W; thence S 89' 38' 30" W for 64.95 feet to a
point on the West line of Section 14, said point
being the Southwestern most corner of Forest
Lakes Homes subdivision; thence N 02' 15' 35"
W along said West line for 1,195.80 feet to the
West'/4 corner of Section 14; thence continuing
along said West line N 00' 19' 00" E for 2,595.97
feet to the POINT OF BEGINNING.
2. The Unit hereby created and established is
for the purpose of providing, installing and main-
taining improved roadway lighting, traffic control
signage and devices, the installation of sidewalks
and related amenities, beautification and mainte-
nance of areas within the MSTU, the construction
of roadways, roadway improvements and roadway -
related drainage and roadway restoration within
the area of the Unit as determined by the Advi-
sory Committee; and to that end shall possess all
the powers to do all things reasonably necessary
in connection therewith, including but not limited
to, maintenance of any improvements.
*".pp. No. 48 CD122:162
SPECIAL DISTRICTS § 122-1802
Said Unit shall have the authority to levy ad
valorem taxes as prescribed by law not to exceed
four mil in any one fiscal year.
(Ord. No. 91-107, § 1; Ord. No. 00-57, § 1, 9-12-00;
Ord. No. 02-23, § 1, 5-14-02; Ord. No. 2005-20, § 1;
Ord. No. 2009-28, § lord. No. 2012-40, § 1)
Editor's note—* Exhibit "A" is not included herein but is
available for public inspection in county offices.
State law reference —Authority to create municipal ser-
vice taxing or benefit unit, F.S. § 125.01(1)(q).
Sec. 122-1777. Governing board, powers and
duties.
The governing board of the unit shall be the
Board of County Commissioners, with the power
and duty to conduct the affairs of the unit as
prescribed by Florida Statutes.
(Ord. No. 91-107, § 2)
State law reference —Board of county commissioners to
be governing body of unit, F.S. § 125.01(2).
Sec. 122-1778. Advisory committee, duties,
responsibilities.
The Board of County Commissioners shall, by
ordinance, designate an advisory committee com-
posed of residents who are taxpayers and electors
from within the unit, with advisory authority to
assist in conducting the business affairs of the
unit and such other duties of the unit as may be
assigned from time to time by the Board of
County Commissioners.
(Ord. No. 91-107, § 3)
Sec. 122-1779. Itemized budget.
For the purpose of implementing this article,
the Board of County Commissioners shall annu-
ally, at the time required by general law, make an
itemized estimate of the amount of money re-
quired to perform the business of the unit for the
next fiscal year, which shall be from October 1 to
and including September 30 following. The esti-
mate shall detail the purposes for which the
monies are required and the amount necessary to
be raised by taxation within the unit. At the time
and place for fixing the annual rate of taxation for
county purposes, the Board of County Commis-
sioners shall fix and cause to be levied on all
property within the unit subject to taxation a
millage sufficient to meet the purposes and obli-
gations of the unit; provided, however, the total
millage shall not exceed one mill.
(Ord. No. 91-107, § 4)
Sec. 122-1780. Collection of taxes.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
county taxes and subject to the same fees for
assessing and collecting as general county taxes.
(Ord. No. 91-107, § 5)
Secs. 122-1781-122-1800. Reserved.
DIVISION 2. ADVISORY COMMITTEE*
Sec. 122-1801. Creation.
There is hereby created and established the
Forest Lakes Roadway and Drainage Advisory
Committee, hereinafter referred to as the "com-
mittee".
(Ord. No. 92-16, § 1)
Sec. 122-1802. Appointment and composi-
tion.
(a) The committee shall consist of five mem-
bers which generally represent the area within
the Forest Lakes Roadway and Drainage Munic-
ipal Service Taxing Unit as said MSTU is de-
scribed in this article.
(b) Members of the committee shall be ap-
pointed by and serve at the pleasure of the Board
of County Commissioners. Said members shall be
permanent residents within the MSTU and elec-
tors of the county.
(c) Appointment of members to the committee
shall be by resolution of the Board of County
Commissioners, which resolution shall set forth
the date of appointment and the term of office.
(Ord. No. 92-16, § 2)
*Cross reference —Boards, commissions, committees and
authorities, § 2-816 et seq.
Supp. No. 48 CD122:163
L22-1803 COLLIER COUNTY CODE
Sec. 122-1803. Terms of office. written record of meetings, resolutions, findings
(a) The initial terms of office of the committee and determinations. Copies of all committee min -
shall be as follows: utes, resolutions, reports and exhibits shall be
submitted to the Board of County Commissioners.
(1) Two members shall be appointed for a (Ord. No. 92-16, § 5)
term of two years.
(2) Two members shall be appointed for a
term of three years.
(3) One member shall be appointed for a term
of four years.
Thereafter, each appointment or reappointment
shall be for a term of four years.
(b) Appointments to fill any vacancies on the
committee shall be for the remainder of the un-
expired term of office.
(Ord. No. 92-16, § 3)
Sec. 122-1804. Removal from office; failure
to attend meetings.
(a) Any member of the committee may be
removed from office with or without cause by a
majority vote of the Board of County Commission-
(b) If any member of the committee fails to
attend two consecutive committee meetings with-
out a satisfactory excuse or if a member is absent
for more than one-half of the committee's meet-
ings in a given fiscal year, the committee shall
recommend the member's seat to be declared
vacant and if approved, the vacancy shall be filled
by the Board of County Commissioners.
(Ord. No. 92-16, § 4)
Sec. 122-1805. Officers; quorum; rules of pro-
cedure.
(a) At its earliest opportunity, the membership
of the committee shall elect a chairman and
vice-chairman from among the members. Officers'
terms shall be for one year, with eligibility for
reelection.
(b) The presence of three or more members
shall constitute a quorum of the committee nec-
essary to take action and transact business.
(c) The committee shall, by majority vote of
the entire membership, adopt rules of procedure
for the transaction of business and shall keep a
Sec. 122-1806. Reimbursement of expenses.
Members of the committee shall serve without
compensation, but shall be entitled to receive
reimbursement for expenses reasonably incurred
in the performance of their duties upon prior
approval of the Board of County Commissioners.
(Ord. No. 92-16, § 6)
Sec. 122-1807. Functions, powers and du-
ties.
The functions, powers and duties of the com-
mittee shall be as follows:
(1) To aid and assist the Board of County
Commissioners in carrying out the pur-
poses of providing and maintaining im-
proved roadway related drainage and road-
way restoration within the area of the
unit as set forth in this article.
(2) To prepare and recommend to the Board
of County Commissioners an itemized bud-
get of the amount of money required to
carry out the business of the municipal
service taxing unit for the next fiscal year.
In carrying out the responsibility, the com-
mittee shall, no later than April 1 of each
year, meet with the Collier County project
administrator or his designee and outline
to the administrator those projects which
�upp. No. 48 CD122:164
SPECIAL DISTRICTS § 122-1827
the committee wishes to see accomplished
during the next fiscal year. Based upon
this information, the administrator or his
designee shall prepare a proposed budget
for the municipal service taxing unit, in
accordance with standard county guide-
lines regarding the preparation of bud-
gets. This proposed budget shall then be
reviewed by the committee and upon ap-
proval by the committee be transmitted
through the project administrator to the
Board of County Commissioners for adop-
tion in accordance with the procedures for
the adoption of budgets set forth under
general law and the Board of County
Commissioners' policy. Should the commit-
tee fail to approve a budget by June 1 of
each year, the county administrator shall
be authorized to submit a proposed bud-
get to the Board of County Commission-
ers.
(3) To recommend work programs and prior-
ities to the project administrator or his
designee in accordance with the adopted
budget or budget amendments which may
be adopted by the Board of County Com-
missioners. The execution of work pro-
grams shall be under the direct supervi-
sion and responsibility of the project
administrator or his designee. Said work
may be performed under contract (in ac-
cordance with law) or by County forces.
(4) To adopt and amend guidelines to govern
their operation and the operation of the
municipal service taxing unit, subject to
approval by the Board of County Commis-
sioners.
(Ord. No. 92-16, § 7)
Sec. 122-1808. Duties of administrator.
The duties of the project administrator or his
designee shall be:
(2) To prepare the annual budget in accor-
dance with Subsection 122-1807(2) above.
(3) To provide periodic written reports to the
committee, and the County Administrator
and the Board of County Commissioners
on the activities of the municipal service
taxing unit and its finances in accordance
with established guidelines of the Board
of County Commissioners or the commit-
tee.
(4) To attend all committee meetings.
(Ord. No. 92-16, § 8)
Sec. 122-1809. Review process.
The committee created by this division shall be
reviewed once every four years commencing in
1996, in accordance with the procedures con-
tained in Chapter 2, Article VIII, Division 2 of this
Code.
(Ord. No. 92-16, § 9)
Secs. 122-1810-122-1825. Reserved.
ARTICLE LXV. IMMOKALEE
BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT
DIVISION 1. GENERALLY
Sec. 122-1826. Created.
There is hereby created the Immokalee Beau-
tification Municipal Service Taxing Unit (herein-
after referred to as the "unit").
(Ord. No. 92-40, § 2)
Sec. 122-1827. Authority.
This article is enacted pursuant to the author-
(1) To administer the activities of the munic- ity granted to the Board of County Commission-
ipal service taxing unit in accordance with ers under F.S. ch. 125.
established policies of the Board of County (Ord. No. 92-40, § 1)
Commissioners and guidelines adopted by State law reference —Authority to create municipal ser-
the committee. vice taxing or benefit unit, F.S. § 125.01(1)(q).
Supp. No. 26
CD 122:165
§ 122-1828 COLLIER COUNTY CODE
Sec. 122-1828. Boundaries.
The boundaries of the Unit shall comprise all
that land located in Collier County, Florida and
specifically described as:
That portion of land lying in Collier County,
Florida, more particularly described as follows:
The Southwest Quarter of the Southwest Quar-
ter of section 25 and all of sections 26, 27, 28,
29, 30, 31, 32, 33, 34, 35 and the West half of
the Northwest Quarter of section 36, Township
46 South, Range 29 East; and
All of Sections 1, 2, 3, 4, 5, 6, 9, 10, 11, the West
half of Section 12, the Northwest Quarter of
Section 13, the North half of section 14 and all
of Sections 15 and 16, Township 47 South,
Range 29 East; and
All of Section 6, Township 47 South, Range 30
East; and
The North half of Section 1, Township 47
South, Range 28 East lying Easterly of the
Eastern Shoreline of Lake Trafford; and
All of Section 25 and that portion of Sections 35
and 36 lying Northerly and Easterly of the
Northerly and Easterly shorelines of Lake Traf-
ford, Township 46 South Range 28 East.
Attached [to Ordinance No. 2009-39,1 Exhibit
"A" represents the above -referenced MSTU bound-
aries.
(Ord. No. 92-40, § 3; Ord. No. 2009-39, § 1)
Sec. 122-1829. Governing board, powers and
duties.
The governing body of the unit shall be the
Board of County Commissioners, with the power
and duty to conduct the affairs of the unit as
prescribed by Florida Statutes.
(Ord. No. 92-40, § 4)
State law reference -Board of County Commissioners to
be governing body of unit, F.S. § 125.01(2).
Sec. 122-1830. Purpose.
The unit hereby established is for the purpose
of doing all things reasonably necessary in con-
nection with landscape beautification, including
providing for pavement, curb and sidewalk mod-
ifications, installation of irrigation facilities, as-
sociated landscaping improvements and mainte-
nance thereof, as permitted by the responsible
governmental agency for that portion of the road
rights -of -way of SR 29 and CR 846 (South 1st
Street) which pass through the commercial/
business areas in Immokalee, and certain other
public areas as may be recommended by the
advisory committee and/or determined by the
Board of County Commissioners.
(Ord. No. 92-40, § 5)
Sec. 122-1831. Itemized budget and millage
rate.
For the purpose of implementing this article
the Board of County Commissioners shall annu-
ally, at the time required by general law, make an
itemized estimate of the amount of money re-
quired to perform the business of the unit for the
next fiscal year, which shall be from October 1, to
and including September 30 following. The esti-
mate shall provide the purpose for which the
monies are required and the amount necessary to
be raised by taxation within the unit. At the time
and place for fining the annual rate of taxation for
county purposes, the Board of County Commis-
sioners shall fix and cause to be levied on all
property within the unit subject to taxation a
millage sufficient to meet the purposes and obli-
gations of the unit; provided, however, the total
millage shall not exceed one mill.
(Ord. No. 92-40, § 6)
Sec. 122-1832. Collection of taxes.
Taxes herein provided for shall be assessed and
collected in the same manner and form as pro-
vided for the assessment and collection of general
County taxes and subject to the same fees for
assessing and collecting as general County taxes.
(Ord. No. 92-40, § 7)
Sec. 122-1833. Advisory committee, creation;
appointment; terms; duties
and responsibilities.
The Board of County Commissioners shall, by
ordinance, designate an advisory committee com-
posed of residents who are taxpayers and electors
from within the unit with advisory authority to
assist in conducting the business affairs of the
raW
Supp. No. 26 CD122:166
SPECIAL DISTRICTS
assist in conducting the business affairs of the
unit and such other duties of the unit as may be
assigned from time to time by the Board of
County Commissioners.
(Ord. No. 92-40, § 8)
Secs. 122-1834-122-1838. Reserved.
DIVISION 2. ADVISORY COMMITTEE
Sec. 122-1839. Creation.
There is hereby created and established the
Immokalee Beautification Advisory Committee,
hereinafter referred to as "committee".
(Ord. No. 02-52, § 1, 10-22-02)
Sec. 122-1840. Appointment and composi-
tion.
(a) The committee shall consist of seven
members which generally represent the area
within the Immokalee Beautification Municipal
Service Taxing Unit as said MSTU is described
in Collier County Ordinance No. 92-40.
(b) Members of the committee shall be
appointed by and serve at the pleasure of the
Board of County Commissioners. Four members
shall be permanent residents within the MSTU
and electors of Collier County. Three members
may be an owner of a business or commercial
property within the MSTU or an owner or
appointed representative of a non-profit entity
owning property and operating within the MSTU,
and electors of Collier County. An owner of a
business or commercial property may be an
individual, an officer of a corporation, or a
partner of a partnership.
(c) Appointment of members to the committee
shall be by resolution of the Board of County
Commissioners, which resolution shall set forth
the date of appointment and the term of office.
(Ord. No. 02-52, § 2, 10-22-02; Ord. No. 2020-47,
§ 1)
Sec. 122-1841. Terms of office.
The initial terms of office of the committee
shall be as follows:
(1) Two members shall be appointed for a
term of two years.
§ 122-1843
(2) Two members shall be appointed for a
term of three years.
(3) One member shall be appointed for a
term of four years.
Thereafter, each appointment or reap-
pointment shall be for a term of four
years.
Appointments to fill any vacancies on the
committee shall be for the remainder of
the unexpired term of office.
(Ord. No. 02-52, § 3, 10-22-02)
Sec. 122-1842. Removal from office; failure
to attend meetings.
(a) Any member of the committee may be
removed from office with or without cause by a
majority vote of the Board of County Commis-
sioners.
(b) Attendance shall be governed by Ordinance
No. 2001-55, as it may be amended from time to
time, or its successor ordinance.
(Ord. No. 02-52, § 4, 10-22-02)
Sec. 122-1843. Officers, quorum, rules of
procedure.
(a) At its earliest opportunity, the member-
ship of the committee shall elect a chairman and
vice chairman from among the members. Officers'
terms shall be for one year, with eligibility for
re-election.
(b) The presence of three or more members
shall constitute a quorum of the committee
necessary to take action and transact business.
(c) The committee shall, by majority vote of
the entire membership, adopt rules of procedure
for the transaction of business and shall keep a
written record of meetings, resolutions, findings
and determinations. Copies of all committee
minutes, resolutions, reports, and exhibits shall
be submitted to the Board of County Commis-
sioners.
(Ord. No. 02-52, § 5, 10-22-02; Ord. No. 2020-47,
§ 2; Ord. No. 2021-30, § 1)
Supp. No. 101 CD122:167
§ 122-1844
COLLIER COUNTY CODE
Sec. 122-1844. Reimbursement of
expenses.
Members of the committee shall serve without
compensation, but shall be entitled to receive (3)
reimbursement for expenses reasonably incurred
in the performance of their duties upon prior
approval of the Board of County Commissioners.
(Ord. No. 02-52, § 6, 10-22-02)
Sec. 122-1845. Functions, powers and
duties of the committee.
The functions, powers and duties of the Com-
mittee shall be as follows:
(1)
(2)
To aid and assist the Board of County
Commissioners in carrying out the
purposes of providing landscape
beautification as set forth in Collier
County Ordinance No. 92-40.
To prepare and recommend to the Board
of County Commissioners an itemized
budget of the amount of money required
to carry out the business of the Municipal
Service Taxing Unit for the next fiscal
year. In carrying out this responsibility,
the Committee shall, no later than April
1 of each year, meet with the County
Administrator or his designee and outline
to the County Administrator or his
designee those projects which the Com-
mittee wishes to see accomplished during
the next fiscal year. Based upon this
information, the County Administrator
or his designee shall prepare a proposed
budget for the Municipal Service Taxing
Unit, in accordance with the standard
County guidelines regarding the prepara-
tion of budgets. This proposed budget
shall then be reviewed by the Committee
and upon approval by the Committee be
transmitted through the County
Administrator or his designee to the
Board of County Commissioners for adop-
tion in accordance with the procedures
for the adoption of budgets set forth
under general law and the Board of
County Commissioners' policy. Should
the Committee fail to approve a budget
by June 1 of each year, the County
Administrator or his designee shall be
authorized to submit a proposed budget
to the Board of County Commissioners.
The Committee shall recommend work
programs and priorities to the County
Administrator or his designee in
accordance with the adopted budget or
budget amendments which may be
adopted by the Board of County Commis-
sioners. The execution of work programs
shall be under the direct supervision and
responsibility of the County Administra-
tor or his designee. Said work may be
performed under contract (in accordance
with law) or by County forces. Upon
Board direction, following approval of
the Collier County Community Redevelop-
ment Agency, the designee may be the
Executive Director of the Immokalee Com-
munity Redevelopment Agency, who may
employ staff to help carry out the duties
set forth below.
(4) The committee may adopt and amend
"Guidelines" to govern its operation and
the operation of the Municipal Service
Taxing Unit, subject to approval by the
Board of County Commissioners.
(Ord. No. 02-52, § 7, 10-22-02; Ord. No. 2011-39,
§ 1)
Sec. 122-1846. Duties of County
Administrator or his
designee.
The duties of the County Administrator or his
designee shall be:
(1) To administer the activities of the
municipal service taxing unit in
accordance with established polices of
the Board of County Commissioners and
guidelines adopted by the committee.
(2) To prepare the annual budget in
accordance with Subsection 122-1845(2),
above.
(3) To provide periodic written reports to the
committee and the Board of County Com-
missioners of the activities of the
municipal service taxing unit and its
Supp. No. 101 CD122:168
SPECIAL DISTRICTS
finances in accordance with established
guidelines of the Board of County Com-
missioners or the committee.
(4) Attend all committee meetings.
(Ord. No. 02-52, § 8, 10-22-02)
Sec. 122-1847. Review process.
This committee shall be reviewed once every
four years commencing in 2004 in accordance
with the procedures contained in Collier County
Ordinance No. 2001-55, as amended, or its suc-
cessor ordinance.
(Ord. No. 02-52, § 9, 10-22-02)
Secs. 122-1848-122-1850. Reserved.
ARTICLE LXVI. KEY MARCO
COMMUNITY DEVELOPMENT DISTRICT
Sec. 122-1851. Establishment.
The Key Marco Community Development
District is hereby established within the boundar-
ies of the real property described in exhibit "A"
below:
Horr's Island, legal description:
Supp. No. 94 CD122:168.1
§ 122-1851
SPECIAL DISTRICTS § 122-1851
A parcel of land lying in Sections 14, 15, 21, 22,
09°00'16" east a distance of 125.65 feet;
23, 27 and 28, Township 52 South, Range 26
thence north 24°00'59" east a distance of
East, Collier County, Florida, being more par-
85.43 feet; thence north 00°46'00" west a
ticularly described as follows:
distance of 20.09 feet; thence north
Commence at the northwest corner of said
21°22'49" west a distance of 32.44 feet;
Section 23 thence run south 89°51'55" east
thence north 66°43'50" west a distance of
along the north section line thereof a dis-
20.74 feet; thence south 87°29'19" west a
tance of 9.61 feet to the point of beginning
distance of 112.71 feet; thence north
of the parcel of land hereinafter described:
84°44'34" west a distance of 49.99 feet;
thence, leaving said north section line run
thence south 78°15'44" west a distance of
south 17°23'17" east a distance of 111.69
55.51 feet; thence south 37°31'20" west a
feet; thence south 02°28'52" east a dis-
distance of 48.16 feet; thence south
tance of 91.50 feet; thence south 27°39'05"
15' 01'23" west a distance of 76.22 feet;
west a distance of 107.39 feet to an inter-
thence south 07°10'34" west a distance of
section with the east line of the aforemen-
70.18 feet; thence south 00°43'46" east a
tioned Section 22 and lying south 00°33'54"
distance of 41.56 feet; thence south
west a distance of 293.16 feet from the
17 ° 13' 14" west a distance of 118.13 feet;
northeast corner thereof; thence continue
thence south 18°33'52" west a distance of
south 27°39'05" west a distance of 30.91
76.68 feet; thence south 03°51'45" west a
feet; thence south 39°33'08" west a dis-
distance of 56.64 feet; thence south
tance of 59.21 feet; thence south 68°43'41"
08' 01'32" east a distance of 85.43 feet;
west a distance of 32.82 feet; thence south
thence south 13°50'16" east a distance of
74 ° 24'41 " west a distance of 52.30 feet;
75.98 feet; thence south 23 ° 14'46" east a
thence south 82°52'42" west a distance of
distance of 61.68 feet; thence south
41.31 feet; thence north 55°29'12" west a
15°47'41" east a distance of 120.36 feet;
distance of 82.32 feet; thence north
thence south 01°54'48" east a distance of
58°20'02" west a distance of 63.05 feet;
109.40 feet; thence south 00°25'29" east a
thence north 18°23'53" west a distance of
distance of 78.62 feet; thence south
41.52 feet; thence north 10°11'21" west a
10°21'27" east a distance of 16.43 feet to
distance of 34.08 feet; thence north
an intersection with the north line of afore-
10°23'42" east a distance of 54.19 feet;
said Section 22 and lying north 89°58'19"
thence north 08°15'50" east a distance of
west a distance of 548.02 feet from the
74.71 feet; thence north 10°37'52" east a
northeast corner thereof; thence, continue
distance of 115.01 feet; thence north
south 10°21'27" east a distance of 96.03
12°16'05" west a distance of 3.97 feet to an
feet; thence south 17° 19'01" east a dis-
intersection with south line of the afore-
tance of 82.66 feet; thence south 24°37'06"
mentioned Section 15 and lying north
east a distance of 86.64 feet; thence south
89°58'19" west a distance of 281.81 feet
29°03'27" east a distance of 90.24 feet;
from the southeast corner thereof; thence,
thence south 43°11'12" east a distance of
continue north 12°16'05" west a distance
90.74 feet; thence south 33°33'39" east a
of 72.54 feet; thence north 08°41'18" west
distance of 55.03 feet; thence south
a distance of 130.42 feet; thence north
38°44'31" east a distance of 154.88 feet;
04°48'06" west a distance of 121.86 feet;
thence south 19°46'25" east a distance of
thence north 11°36'24" west a distance of
117.89 feet; thence south 02°04'10" east a
34.39 feet; thence north 05°16'54". west a
distance of 43.41 feet; thence south
distance of 62.14 feet; thence north
06°13'37" east a distance of 108.79 feet;
00°37'05" west a distance of 104.20 feet;
thence south 12°54'44" east a distance of
thence north 02°04'34" east a distance of
77.05 feet; thence south 12°24'11" east a
105.02 feet; thence north 03°5 7'19" east a
distance of 57.05 feet; thence south
distance of 125.51 feet; thence north
20°53'29" east a distance of 47.18 feet;
CD122:169
§ 122-1851 COLLIER COUNTY CODE _*�
thence south 34°44'18" east a distance of
74.97 feet; thence south 27°16'31" east a
distance of 54.63 feet; thence south
34°40'32" east a distance of 69.81 feet;
thence south 37°41'19" east a distance of
29.46 feet to an intersection with the west
line of aforesaid Section 23 and lying south
00°33'54" west a distance of 1191.89 feet
from the northwest corner thereof; thence,
continue south 37°41'19" east a distance of
49.85 feet; thence south 28°02'53" east a
distance of 49.54 feet; thence south
03'01'32" west a distance of 53.52 feet;
thence south 09°49'36" west a distance of
121.26 feet; thence south 10°19'01" west a
distance of 104.21 feet; thence south
15°30'40" west a distance of 58.62 feet to
an intersection with the aforesaid east line
of Section 22 and lying south 00°33'54"
west a distance of 1607.92 feet from the
northeast corner thereof; thence, continue
south 15°30'40" west a distance of 16.13
feet; thence south 00 ° 34' 11 " east a dis-
tance of 44.39 feet; thence south 15°14'48"
west a distance of 95.53 feet; thence south
15 ° 20' 10" west a distance of 96.22 feet;
thence south 12°25'59" west a distance of
92.81 feet; thence south 16°07'06" west a
distance of 212.75 feet; thence south
07° 18'52" west a distance of 57.99 feet;
thence south 07°02'20" west a distance of
103.69 feet; thence south 09°05'16" west a
distance of 106.28 feet; thence south
01 ° 33' 14" east a distance of 57.22 feet;
thence south 09°22'42" west a distance of
84.64 feet; thence south 26°51'43" west a
distance of 86.61 feet; thence south
33°58'12" west a distance of 77.07 feet;
thence south 41 ° 17'21 " west a distance of
106.54 feet; thence south 49°47'54" west a
distance of 231.41 feet; thence south
52°19'25" west a distance of 165.63 feet;
thence south 46°18'30" west a distance of
104.83 feet; thence south 42021'23" west a
distance of 78.65 feet; thence south
50 ° 15' 12" west a distance of 108.44 feet;
thence south 46°48'16" west a distance of
159.26 feet; thence south 58°37'19" west a
distance of 87.46 feet; thence south
58°07'07" west a distance of 96.59 feet;
thence south 43°42'08" west a distance of
78.68 feet; thence south 23°04'49" west a
distance of 112.88 feet; thence south
50035'58" west a distance of 52.35 feet;
thence south 75°38'53" west a distance of
54.59 feet; thence south 87°56'25" west a
distance of 88.51 feet; thence south
74°07'13" west a distance of 35.18 feet;
thence south 57°09'20" west a distance of
72.89 feet; thence south 42°26'33" west a
distance of 35.23 feet; thence south
59°21'14" west a distance of 105.08 feet;
thence south 57056'42" west a distance of
100.92 feet; thence south 53°09'53" west a
distance of 84.55 feet; thence south
39°20'53" west a distance of 82.39 feet;
thence south 36°31'40" west a distance of
106.36 feet; thence south 33°43'07" west a
distance of 75.45 feet; thence south
18°04'44" west a distance of 50.46 feet;
thence south 36°22'09" west a distance of
70.07 feet; thence south 43°36'42" west a
distance of 87.71 feet; thence south
42059'48" west a distance of 112.88 feet;
thence south 27°19'25" west a distance of
32.68 feet; thence south 15°03'48" east a
distance of 25.31 feet; thence south
42 ° 53'46" east a distance of 61.04 feet;
thence south a distance of 38.69 feet; thence
south 33°09'12" west a distance of 46.51
feet; thence north 87°51'01" west a dis-
tance of 25.76 feet; thence north 54025'43"
west a distance of 37.46 feet; thence north
67° 13'12" west a distance of 30.91 feet;
thence north 77°02'29" west a distance of
41.95 feet; thence north 63021'37" west a
distance of 45.52 feet; thence north
76°38'57" west a distance of 56.41 feet;
thence south 86°04'44" west a distance of
73.01 feet; thence south 82°23'37" west a
distance of 83.02 feet; thence south
89°59'49" west a distance of 129.09 feet;
thence south 88°02'45" west a distance of
103.67 feet; thence south 83°52'36" west a
distance of 97.42 feet; thence south
83°33'22" west a distance of 103.43 feet;
thence south 83 ° 32' 12" west a distance of
88.37 feet; thence south 78°57'35" west a
distance of 180.05 feet; thence south
78°32'38" west a distance of 139.74 feet;
CD122:170
'%I-
SPECIAL DISTRICTS
thence south 66°38'19" west a distance of
112.20 feet; thence south 61°27'46" west a
distance of 153.51 feet; thence south
76°48'32" west a distance of 140.57 feet;
thence south 74°48'57" west a distance of
145.38 feet; thence south 72°54'33" west a
distance of 77.45 feet; thence south
71°47'57" west a distance of 154.38 feet;
thence south 88°43'20" west a distance of
47.97 feet; thence north 86°00'38" west a
distance of 166.84 feet; thence north
82°52'43" west a distance of 172.93 feet;
thence north 89°42'48" west a distance of
24.60 feet; thence north 80'57'23" west a
distance of 94.44 feet; thence south
31 ° 03'09" west a distance of 37.84 feet;
thence south 06°14'13" west a distance of
76.99 feet; thence south 41°26'55" west a
distance of 37.96 feet; thence south
74°24'02" west a distance of 41.87 feet;
thence north 46'01'40" west a distance of
45.14 feet; thence north 32°57'44" west a
distance of 50.77 feet; thence north
33°56'21" west a distance of 43.77 feet;
thence north 22°34'32" west a distance of
72.88 feet; thence north 03 ° 25' 18" west a
distance of 60.50 feet; thence north
31° 14'22" west a distance of 29.46 feet;
thence north 43°59'03" west a distance of
31.88 feet; thence north 61°26'07" west a
distance of 93.58 feet; thence north
62°58'36" west a distance of 53.54 feet;
thence north 51 ° 12'30" west a distance of
94.79 feet; thence north 52°34'15" west a
distance of 116.76 feet; thence north
55°39'31" west a distance of 103.18 feet;
thence north 54°19'32" west a distance of
88.96 feet; thence south 79°51'40" west a
distance of 6.14 feet to an intersection with
the east line of aforementioned Section 21
and lying north 00'01'33" east a distance
of 788.50 feet from the southeast corner
thereof; thence, run the following courses
through said Section 21 to an intersection
with the east line of aforementioned Sec-
tion 28, thence continue south 79°51'40"
west a distance of 20.05 feet; thence south
41°00'45" west a distance of 24.08 feet;
§ 122-1851
thence south 24°20'07" west a distance of
234.57 feet; thence south 29°47'02" west a
distance of 55.70 feet; thence south
11 ° 26'45" west a distance of 45.71 feet;
thence south 24°23'20" west a distance of
135.00 feet; thence south 18°03'08" west a
distance of 200.77 feet; thence south
05 ° 24'45" west a distance of 45.61 feet;
thence south 16°55'25" east a distance of
40.00 feet; thence south 27°31'36" east a
distance of 66.80 feet; thence south
41°40'37" east a distance of 75.39 feet;
thence south 44°56'30" east a distance of
50.24 feet; thence south 49°10120" east a
distance of 92.84 feet; thence south
72 ° 33'46" east a distance of 46.95 feet;
thence south 83°04'09" east a distance of
47.05 feet to the aforesaid intersection with
the east line of Section 28, said intersection
being on the west line of aforesaid Section
27 and lying south 00°31'34" west a dis-
tance of 169.66 feet from the northwest
corner thereof; thence, continue south
83°04'09" east a distance of 49.71 feet;
thence south 80°52'18" east a distance of
77.43 feet; thence south 86°22'31" east a
distance of 55.50 feet; thence north
77°22'45" east a distance of 171.85 feet;
thence north 54°26'04" east a distance of
40.79 feet; thence north 37°48'27" east a
distance of 53.96 feet; thence north
40°28'55" east a distance of 65.07 feet;
thence north 54°29'38" east a distance of
45.54 feet; thence north 63°26'39" east a
distance of 33.50 feet; thence south
89°26'52" east a distance of 63.20 feet;
thence south 87°32'27" east a distance of
160.69 feet; thence south 89°26'43" east a
distance of 148.61 feet; thence north
89°21'41" east a distance of 116.70 feet;
thence north 87°57'00" east a distance of
120.07 feet; thence north 81°17'51" east a
distance of 69.32 feet; thence north
86°52'00" east a distance of 64.06 feet;
thence south 88°16'42" east a distance of
139.80 feet; thence south 86°29'36" east a
distance of 140.79 feet; thence north
70°46'51" east a distance of 98.90 feet to
CD122:171
§ 122-1851 COLLIER COUNTY CODE
an intersection with the south line of afore-
105.48 feet; thence north 65°35'04" east a
said Section 22, and lying south 88°49'09"
distance of 3.93 feet to an intersection with
west a distance of 3601.33 feet from the
the aforesaid west line of Section 23 and
southeast corner thereof; thence, continue
lying north 00°33'54" east a distance of
north 70°46'51" east a distance of 128.86
1653.99 feet from the southwest corner
feet; thence north 68°30'58" east a dis-
thereof; thence, continue north 65°35104"
tance of 220.80 feet; thence north 70°44'13"
east a distance of 85.13 feet; thence north
east a distance of 116.90 feet; thence north
79°41'34" east a distance of 73.43 feet;
79°59'14" east a distance of 118.64 feet;
thence north 89°27'31" east a distance of
thence north 81°20'30" east a distance of
79.98 feet; thence north 81°13'27" east a
119.13 feet; thence north 85°43'29" east a
distance of 120.28 feet; thence north
distance of 226.61 feet; thence north
80°32'53" east a distance of 104.28 feet;
84°00'35" east a distance of 157.68 feet;
thence north 81°29'30" east a distance of
thence north 84°03'54" east a distance of
123.46 feet; thence south 87°45'25" east a
78.82 feet; thence north 88°34'26" east a
distance of 73.42 feet; thence south
distance of 109.72 feet; thence north
54°45'20" east a distance of 41.53 feet;
83 ° 20' 06" east a distance of 117.91 feet;
thence south 55 ° 15' 14" east a distance of
thence north 80°44'16" east a distance of
66.66 feet; thence south 64°54'00" east a
117.72 feet; thence north 85°33'34" east a
distance of 136.52 feet; thence south
distance of 125.84 feet; thence north
72°36'50" east a distance of 42.44 feet;
73°40'08" east a distance of 87.20 feet;
thence south 86°39'57" east a distance of
thence north 72°05'08" east a distance of
214.71 feet; thence north 88°16'46" east a
76.20 feet; thence north 45°54'18" east a
distance of 107.94 feet; thence north
distance of 72.34 feet; thence north
85°28'50" east a distance of 84.50 feet;
22°53'49" east a distance of 144.77 feet;
thence north 71°41'43" east a distance of
thence north 26°40'59" east a distance of
123.12 feet; thence north 68°00'39" east a
71.86 feet; thence north 30°59'32" east a
distance of 72.58 feet; thence north
distance of 75.24 feet; thence north
61°31'27" east a distance of 96.55 feet;
49°49'15" east a distance of 72.34 feet;
thence north 40°34'35" east a distance of
thence north 59°17'11" east a distance of
90.29 feet; thence north 42°08'40" east a
62.93 feet; thence north 56°46'55" east a
distance of 143.17 feet; thence south
distance of 114.39 feet; thence north
89°13'49" east a distance of 107.89 feet;
59°40'58" east a distance of 125.22 feet;
thence south 89°02'01" east a distance of
thence north 61°05'17" east a distance of
212.27 feet; thence south 51°31'44" east a
181.39 feet; thence north 61°49'21" east a
distance of 103.72 feet; thence south
distance of 85.73 feet; thence north
61°50'49" east a distance of 81.05 feet;
49°14'33" east a distance of 107.51 feet;
thence south 63°13'38" east a distance of
thence north 49°54'26" east a distance of
110.22 feet; thence south 73°41'14" east a
131.33 feet; thence north 49°03'05" east a
distance of 89.98 feet; thence south
distance of 126.01 feet; thence north
81°12'39" east a distance of 99.78 feet;
52°43'21" east a distance of 139.20 feet;
thence north 85°26'57" east a distance of
thence north 54°58'16" east a distance of
88.22 feet; thence north 85°23'37" east a
152.23 feet; thence north 62°12'02" east a
distance of 53.05 feet to an intersection with
distance of 74.49 feet; thence north
the west line of Government Lot 6 of said
69°49'45" east a distance of 160.97 feet;
Section 23; thence along said west line of
thence north 63°03'44" east a distance of
Government Lot 6 north 00°33'47" east a
157.55 feet; thence north 56° 13'53" east a
distance of 317.91 feet; thence leaving said
distance of 137.48 feet; thence north
west line of Government Lot 6 south
46°09'51" east a distance of 71.24 feet;
69°10'29" west a distance of 67.13 feet;
thence north 61°47'55" east a distance of
thence south 81°22'24" west a distance of
CD122:172
I--
SPECIAL DISTRICTS
64.72 feet; thence north 85°41'52"• west a
distance of 64.00 feet; thence north
71°44'49" west a distance of 73.33 feet;
thence north 60°41'43" west a distance of
67.51 feet; thence north 67°00'13" west a
distance of 92.34 feet; thence north
71 ° 12'21" west a distance of 56.83 feet;
thence north 88°47'14" west a distance of
66.07 feet; thence south 86°19'25" west a
distance of 43.64 feet; thence south
78°18'11" west a distance of 173.99 feet;
thence south 76°32'02" west a distance of
104.07 feet; thence south 75°07'31" west a
distance of 91.79 feet; thence south
85°14'57" west a distance of 146.76 feet;
thence south 78°51'57" west a distance of
116.05 feet; thence south 81°03'38" west a
distance of 243.73 feet; thence south
82°26'07" west a distance of 110.74 feet;
thence north 80°15'56" west a distance of
152.94 feet; thence south 74°29'41" west a
distance of 88.21 feet; thence south
77°26'22" west a distance of 85.47 feet;
thence north 65°43'07" west a distance of
53.99 feet; thence north 55°00'32" west a
distance of 114.61 feet; thence north
53°33'01" west a distance of 110.70 feet;
thence north 54°14'00" west a distance of
124.85 feet; thence north 46°24'57" west a
distance of 136.45 feet; thence north
39°19'20" west a distance of 143.42 feet;
thence north 37°54'54" west a distance of
96.15 feet; thence north 29°51'36" east a
distance of 142.63 feet; thence north
23°34'29" east a distance of 135-78 feet;
thence north 20°16'45" east a distance of
118.58 feet; thence north 13°17'08" east a
distance of 67.38 feet; thence north
06°34'08" west a distance of 78.17 feet;
thence north 06°58'46" west a distance of
99.48 feet; thence north 00°19'00" east a
distance of 109.43 feet; thence north
01° 10'07" west a distance of 77.26 feet;
thence north 06°35'40" east a distance of
117.12 feet; thence north 13°26'10" east a
distance of 119.98 feet; thence north
13°08'40" east a distance of 109.34 feet;
thence north 11°20'50" east a distance of
63.00 feet; thence north 01°27'28" east a
distance of 53.42 feet; thence north
CD122:173
§ 122-1851
21 ° 25'00" west a distance of 83.46 feet;
thence north 25°48'09" west a distance of
115.44 feet; thence north 27°17'04" west a
distance of 70.96 feet; thence north
26°45'27" west a distance of 72.93 feet;
thence north 11°53'08" west a distance of
45.85 feet; thence north 05°14'05" west a
distance of 32.61 feet; thence north
19°46'46" east a distance of 31.00 feet;
thence north 31°08'58" east a distance of
73.00 feet; thence north 46°11'58" east a
distance of 69.23 feet; thence north
30°23'22" east a distance of 62.98 feet;
thence north 31°24'29" east a distance of
49.59 feet; thence north 17°24'41" east a
distance of 85.94 feet; thence north
14°03'20" east a distance of 114.96 feet;
thence north 04°19'13" west a distance of
61.17 feet; thence north 16°08'00" west a
distance of 82.40 feet; thence north
13°57'54" west a distance of 116.19 feet;
thence north 05°25'09" east a distance of
126.86 feet; thence north 05°29'59" west a
distance of 47.21 feet; thence north
06°29'12" east a distance of 48.58 feet;
thence north 01 ° 34' 14" west a distance of
21.96 feet to an intersection with the south
line of aforementioned Section 14 and lying
south 89°51'55" east a distance of 405.08
feet from the southwest corner thereof;
thence, continue north 01 ° 34' 14" west a dis-
tance of 121.21 feet; thence north 04° 18'59"
east a distance of 139.45 feet; thence north
08°46'48" east a distance of 105.07 feet;
thence north 05°54'27" east a distance of
154.88 feet; thence north 14°15'02" west a
distance of 94.98 feet; thence north
16 ° 01' 14" west a distance of 94.53 feet;
thence north 00°03'42" west a distance of
90.93 feet; thence north 08°51'14" west a
distance of 81.79 feet; thence north
00°33'42" west a distance of 244.17 feet;
thence north 04"24'14" east a distance of
83.72 feet; thence north 01°43'29" east a
distance of 215.74 feet; thence north
05°30'08" west a distance of 98.40 feet;
thence north 03°58'36" west a distance of
130.94 feet;'thence north 03°33'42" west a
distance of 155.02 feet; thence north
10 ° 14' 04" west a distance of 101.17 feet;
§ 122-1851 COLLIER COUNTY CODE "'�
thence north 11°49'47" west a distance of
99.52 feet; thence north 05°58'38" west a
distance of 108.13 feet; thence north
08°48'01" west a distance of 114.44 feet;
thence north 06°04'28" west a distance of
114.47 feet; thence north 12°24'42" west a
distance of 129.40 feet; thence north
17°00'27" west a distance of 173.11 feet;
thence north 28°49'07" west a distance of
132.83 feet; thence north 27°05'49" west a
distance of 103.43 feet; thence north
66°59'47" west a distance of 30.39 feet;
thence south 53°18'30" west a distance of
51.52 feet; thence south 51°41'00" west a
distance of 17.73 feet to an intersection with
the east line of aforesaid Section 15 and
lying north 00°15'14" east a distance of
2800.31 feet from the southeast corner
thereof, thence, continue south 51°41'00"
west a distance of 88.20 feet; thence south
58°39'39" west a distance of 59.47 feet;
thence south 48°32'10" west a distance of
59.12 feet; thence south 50°06'42" west a
distance of 94.76 feet; thence south
41°58'37" west a distance of 56.17 feet;
thence south 38°44'28" west a distance of
68.67 feet; thence south 26°32'16" west a
distance of 59.00 feet; thence south
04°31'05" west a distance of 107.87 feet;
thence south 03°56'44" east a distance of
110.53 feet; thence south 07°42'21" east a
distance of 56.76 feet; thence south
53°57'40" east a distance of 65.09 feet;
thence south 73°56'45" east a distance of
95.29 feet; thence south 72°40'54" east a
distance of 93.88 feet; thence south
66°55'05" east a distance of 78.19 feet;
thence south 39°38'47" east a distance of
43.94 feet to an intersection with the west
line of aforesaid Section 14 and lying north
00 ° 15' 14" east a distance of 2035.53 feet
from the southwest corner thereof; thence,
continue south 39°38'47" east a distance of
13.35 feet; thence south 28°00'38" east a
distance of 89.96 feet; thence south
24° 59' 12" east a distance of 82.83 feet;
thence south 38°48'18" east a distance of
88.59 feet; thence south 42°45'50" east a
distance of 101.60 feet; thence south
09° 13'06" east a distance of 44.69 feet;
thence south 01°38'10" east a distance of
179.92 feet; thence south 00°13'21" east a
distance of 163.47 feet; thence south
49 ° 11' 11 " west a distance of 126.19 feet;
thence south 38°34'42" west a distance of
49.54 feet; thence south 27°05'11" west a
distance of 77.98 feet; thence south
20°33'49" west a distance of 24.17 feet;
thence south 04°00'51" west a distance of
64.12 feet; thence south 02°24'42" west a
distance of 88.30 feet; thence south
03°41'15" east a distance of 90.02 feet;
thence south 06°09'03" east a distance of
156.41 feet; thence south 04'01'21" east a
distance of 131.56 feet; thence south
01° 13'09" west a distance of 91.59 feet;
thence south 15°47'06" west a distance of
182.86 feet; thence south 10°48'45" west a
distance of 81.47 feet; thence south
06°50'37" west a distance of 120.17 feet;
thence south 00°52'45" west a distance of
64.80 feet; thence south 04°13'02" east a
distance of 59.28 feet; thence south
17'23'17" east a distance of 7.22 feet to the
point of beginning.
Containing 142.74 acres, more or less.
Barfield Bay Multifamily, legal description.
That parcel of land lying in and being part of a
replat of a portion of Marco Beach Unit Fifteen
according to the plat thereof as recorded in Plat
Book 8, page 45 of the public records of Collier
County, Florida and of Marco Beach Unit Fif-
teen, according to the plat thereof as recorded
in Plat Book 6, pages 104 through 111, inclu-
sive of the public records of Collier County,
Florida, being more particularly described as
follows:
Commence at the centerline intersection of
Portland Court and County Road No. 92
(realigned) as shown on said plat of a replat
of a portion of Marco Beach Unit Fifteen;
thence run south 55'01'14" east along said
centerline of County Road No. 92 a dis-
tance of 108.16 feet; thence south 34°58'46"
west a distance of 50.00 feet to the south-
easterly right-of-way line of said County
Road No. 92 and the point of beginning of
the hereinafter described parcel of land, said
.11N
CD122:174
SPECIAL DISTRICTS
point also being the point of curvature of a
circular curve, concave northeasterly
having a radius of 2631.16 feet; thence run
southeasterly along the arc of said curve
through a central angle of 19°29'55" an
arc distance of 895.43 feet thence leaving
said southeasterly right-of-way line -and arc
of said curve, run south 72°38'27" west a
distance of 51.16 feet; thence south
88°49'39" west a distance of 49.30 feet;
thence north 79°30'48" west a distance of
40.60 feet; thence south 81°07'08" west a
distance of 43.03 feet; thence north
82°33'10" west a distance of 51.39 feet;
thence north 76°09'57" west a distance of
58.87 feet; thence north 56°11'43" west a
distance of 113.43 feet; thence north
78°20'51" west a distance of 37.75 feet;
thence north 64°54'54" west a distance of
59.35 feet; thence north 36°59'02" west a
distance of 37.66 feet; thence north
57°38'14" west a distance of 35:77 feet;
thence south 61°20'30" west a distance of
62.27 feet; thence south 41°18'25" west a
distance of 56.29 feet; thence south
45 ° 17'47" west a distance of 51.90 feet;
thence south 17°56'08" west a distance of
58.68 feet; thence south 27°25'46" west a
distance of 43.41 feet; thence south
43°22'30" west a distance of 55.10 feet;
thence south 41 ° 12'49" west a distance of
55.30 feet; thence south 47°14'55" west a
distance of 65.36 feet; thence south
67°46'35" west a distance of 63.73 feet;
thence south 73°44'33" west a distance of
67.50 feet; thence south 73°17'43" west a
distance of 80.92 feet; thence south
74°52'29" west a distance of 60.53 feet;
thence south 37°00'26" west a distance of
45.65 feet; thence south 03°39'47" east a
distance of 45.76 feet; thence south
23°59'39" east a distance of 56.71 feet;
thence south 43°19'30" east a distance of
59.92 feet; thence south 45°49'04" east a
distance of 66.15 feet; thence south
51017'47" east a distance of 56.25 feet;
thence south 47°25'13" east a distance of
168.27 feet; thence south 49°43'41" east a
distance of 80.17 feet; thence south
51 ° 41'20" east a distance of 91.81 feet;
§ 122-1851
thence south 45°40'10" east a distance of
82.14 feet; thence south 39°39'11" east a
distance of 66.22 feet; thence south
43 ° 54'24" east a distance of 63.35 feet;
thence south 55°10'21" east a distance of
70.18 feet; thence south 54°55'37" east a
distance of 63.09 feet; thence south
18° 10'21" east a distance of 35.41 feet;
thence south 18°34'56" west a distance of
59.75 feet; thence south 21°44'44" west a
distance of 58.65 feet; thence south
02°48'57" west a distance of 65.22 feet;
thence south 06°14'02" east a distance of
51.16 feet; thence south 24°11'50" east a
distance of 65.73 feet; thence south
10°57'55" east a distance of 72.64 feet;
thence south 19°21'20" east a distance of
56.72 feet; thence south 31°50'43" east a
distance of 67.48 feet; thence south
33 ° 06'20" east a distance of 64.61 feet;
thence south 33°23'07" east a distance of
110.33 feet; thence south 21°02'47" east a
distance of 119.14 feet; thence south
23 ° 05' 11" east a distance of 76.50 feet;
thence south 25042'55" east a distance of
75.89 feet; thence south 19°22'14" east a
distance of 82.34 feet; thence south
16°49'04" east a distance of 75.86 feet;
thence south 14°46'51" east a distance of
68.83 feet; thence south 13 ° 33'09" east a
distance of 69.08 feet; thence south
08°43'26" east a distance of 66.41 feet;
thence south 04°23'02" west a distance of
73.29 feet; thence south 46°09'47" west a
distance of 50.44 feet; thence north
59°03'32" west a distance of 59.42 feet;
thence north 37°14'49" west a distance of
66.26 feet; thence north 32025'12" west a
distance of 55.57 feet; thence north
34°04'16" west a distance of 51.55 feet;
thence north 05039'18" west a distance of
114.09 feet; thence north 40°09'52" west a
distance of 58.53 feet; thence north
18°38'24" west a distance of 34.69 feet;
thence north 42°08'43" east a distance of
34.54 feet; thence north 42°17'06" east a
distance of 36.77 feet; thence north
23 ° 25'00" east a distance of 34.89 feet;
thence north 31°03'34" west a distance of
74.07 feet; thence north 28°25'04" west a
CD122:175
§ 122-1851 COLLIER COUNTY CODE __"'N
distance of 73.19 feet; thence north
71 ° 41' 13" west a distance of 60.02 feet;
thence north 85°47'23" west a distance of
50.68 feet; thence north 57°19'56" west a
distance of 23.09 feet; thence north
27 ° 31'31 " west a distance of 94.60 feet;
thence north 57°57'55" west a distance of
101.32 feet; thence north 45°20'36" west a
distance of 58.74 feet; thence north
32° 11'40" west a distance of 82.57 feet;
thence north 10°21'10" west a distance of
63.29 feet; thence north 01 ° 21' 18" west a
distance of 78.24 feet; thence north
13°49'52" west a distance of 75.14 feet;
thence north 45°09'22" west a distance of
222.54 feet; thence north 63°54'51" west a
distance of 41.03 feet; thence north
46°07'23" west a distance of 49.67 feet;
thence north 63°54'51" west a distance of
45.00 feet; thence north 71°42'41" west a
distance of 42.93 feet; thence north
56°39'59" west a distance of 51.06 feet;
thence north 47°51'04" west a distance of
70.80 feet; thence north 59°17'51" west a
distance of 80.03 feet; thence north
62°14'31" west a distance of 96.75 feet;
thence north 62°48'01" west a distance of
86.23 feet; thence north 66°04'28" west a
distance of 95.98 feet; thence north
69 ° 42' 11 " west a distance of 71.70 feet;
thence north 53°56'20" west a distance of
63.61 feet; thence north 23°22'54" west a
distance of 66.49 feet; thence north
20°27'44" east a distance of 30.42 feet;
thence north 19°33'21" east a distance of
149.05 feet; thence north 01°42'58" west a
distance of 46.62 feet; thence north
18°27'38" west a distance of 46.91 feet;
thence north 00039'31" west a distance of
87.64 feet; thence north 22 ° 12' 15" east a
distance of 59.96 feet; thence north
41 ° 22'52" east a distance of 68.95 feet;
thence north 68°25'15" east a distance of
65.85 feet; thence north 65°45'27" east a
distance of 34.02 feet; thence north
29° 19'30" east a distance of 31.84 feet;
thence north 15034'57" east a distance of
43.56 feet; thence north 30'08'28" west a
distance of 50.64 feet; thence north
24 ° 39' 13" west a distance of 60.13 feet;
thence north 25°20'28" west a distance of
74.73 feet; thence north 44°28'06" west a
distance of 77.32 feet; thence north
41°59'05" west a distance of 60.84 feet;
thence north 19 ° 58' 13" west a distance of
20.62 feet to a point of intersection with the
southeasterly boundary line of Lot 10 of
Block 427 of aforesaid plat of a replat of a
portion of Marco Beach Unit Fifteen, said
point lies north 40°09'08" east a distance
of 5.67 feet from the southeast boundary
corner thereof; thence north 40°09'08" east
along said southerly boundary line a dis-
tance of 565.95 feet to the aforementioned
southeasterly right-of-way line of County
Road No. 92; thence, along said right-of-way
line run south 55'01'14" east a distance of
439.41 feet to the point of beginning.
Containing 31.145 acres, more or less.
(Ord. No. 92-45, § 2, exh. A)
Sec. 122-1852. Authority.
This article is adopted pursuant to F.S. §
190.005(2), and other applicable provisions of law
governing county ordinances.
(Ord. No. 92-45, § 1)
Sec. 122-1853. Designation of initial board
members.
The following five persons are herewith desig-
nated to be the initial members of the board of
supervisors:
(1) Robert Stakich
730 South Collier Boulevard
Marco Island, Florida
(2) James Reinders
1678 Rainbow Court
Marco Island, Florida
(3) Raymond Harris
805 Dove Court
Marco Island, Florida
(4) Tom Owens
3000 Royal Marco Way
Marco Island, Florida
CD122:176
�
SPECIAL DISTRICTS
(5) William F. Snyder
828 Hideaway Circle East
Marco Island, Florida
(Ord. No. 92-45, § 3)
Sec. 122-1854. District name.
The community development district herein
established shall henceforth be known as the Key
Marco Community Development District.
(Ord. No. 92-45, § 4)
Sec. 122-1855. Statutory provisions govern-
ing district.
(a) The Key Marco Community Development
District is governed by the provisions of F.S. ch.
190.
(b) Additionally, the board of county commis-
sioners hereby consents to the board of supervi-
sors of the Key Marco Community Development
District exercising the following special powers in
accordance with F.S. § 190.012(2):
(1) Parks and facilities for indoor and out-
door recreational, cultural and educa-
tional uses.
(2) Security, including, but not limited to,
guardhouses, fences and gates, electronic
intrusion detection systems, and patrol
cars, when authorized by proper govern-
mental agencies; except that the district
may not exercise any police power.
(3) Control and elimination of mosquitoes
and other arthropods of public health im-
portance.
Consent to exercise the above powers by the board
of county commissioners in no way implies that
the county has any obligation or responsibility to
ensure that these special powers are exercised by
the district nor any liability in regards to the
district's exercise of these special powers.
(Ord. No. 92-45, § 5; Ord. No. 92-85, § 1)
Secs. 122-1856-122-1875. Reserved.
§ 122-1880
ARTICLE LXVII. ISLES OF CAPRI
MUNICIPAL RESCUE AND FIRE
SERVICES CAPITAL IMPROVEMENT
DISTRICT
Sec. 122-1876. Creation; boundaries.
There is hereby created and established the
Isles of Capri Municipal Rescue and Fire Services
Capital Improvement District (hereinafter re-
ferred to as the "district"). The district shall
comprise all those lands located in the county and
specifically described as:
All that land located within Sections 19, 20, 21,
22, 27, 28, 29, 30, 31, 32, 33 and 34 of Township
51 South, Range 26 East, and those portions of
Sections 4, 5 and 6 of Township 52 South,
Range 26 East, which lie north of the Marco
River, Collier County, Florida.
(Ord. No. 92-55, § 2)
Sec. 122-1877. Authority.
This article is adopted pursuant to the provi-
sions of F.S. chs. 125 and 200 and other applicable
provisions of law.
(Ord. No. 92-55, § 1)
Sec. 122-1878. Governing board, powers and
duties.
The governing board of the district shall be the
board of county commissioners, with the power
and duty to conduct the affairs of the district as
prescribed by Florida Statutes.
(Ord. No. 92-55, § 3)
Sec. 122-1879. Purpose.
The district is hereby created and established
for the purpose of doing all things reasonably
necessary in connection with providing the fund-
ing through a levy not to exceed 0.3 mill for a
period not to exceed seven years for the construc-
tion and renovation of the Isles of Capri Fire
Station facility.
(Ord. No. 92-55, § 4)
Sec. 122-1880. Funding and levy of taxes.
The funding for the construction and renova-
tion of the Isles of Capri Fire Station facility shall
Supp. No. 5
CD122:177
§ 122-1880
COLLIER COUNTY CODE
be provided from taxes within the district. Pursu-
ant to the authority of F.S. ch. 200, the governing
body of the district is authorized to levy in excess
of the rolled -back millage rate computed pursu-
ant to F.S. § 200.065, provided such levy has been
approved by majority vote of the qualified electors
in the district voting in an election called for such
purpose. The levy, not to exceed 0.3 mill for a
period not to exceed seven years, shall be used to
fund payment for the construction and renovation
improvements to the Isles of Capri Fire Station
facility. Such taxes shall be levied and collected at
the same time and in the same manner as pro-
vided by law for county taxes. The property ap-
praiser and the tax collector are specifically au-
thorized and directed to take all necessary and
desirable action in furtherance of this section.
(Ord. No. 92-55, § 5)
Sec. 122-1881. Millage referendum election.
A referendum election of the qualified electors
residing in the district shall be called by concur-
rent resolution, such election to be held on No-
vember 3, 1992, to determine whether or not the
district shall be created to tax a millage not to
exceed 0.3 mill for a period not to exceed seven
years to provide funding to pay for the construc-
tion and renovation improvements to the Isles of
Capri Fire Station facility.
(Ord. No. 92-55, § 6)
Secs. 122-1882-122-1900. Reserved.
ARTICLE LXVIII. HERITAGE GREENS
COMMUNITY DEVELOPMENT DISTRICT
Sec. 122-1901. Establishment, boundaries.
The Heritage Greens Community Development
District is hereby established within the bound-
aries of the real property described below:
A parcel of land lying in Section 28, Township
48 South, Range 26 East, Collier County, Flor-
ida, said parcel of land being more particularly
described as follows:
Commencing at the northeast corner of
said Section 28; thence south 03°05'19"
east along the easterly line of the north-
east quarter of said Section 28 of a dis-
tance of 100.08 feet to an intersection
with the southerly right-of-way line of
Immokalee Road (C.R. 846); thence south
89010'00" west along said southerly right-
of-way line for a distance of 1980.13 feet
to the point of beginning of the herein
described parcel of land; thence south
03°04'06" east for a distance of 1576.35
feet; thence north 89°09'31" east for a
distance of 1980.67 feet to an intersection
with the said easterly line of the north-
east quarter of Section 28; thence south
03°05'19" east along said easterly line for
a distance of 998.38 feet to the southeast
corner of the northeast quarter; thence
south 03°05'44" east along the easterly
line of the southeast quarter of said Sec-
tion 28 for a distance of 2674.92 feet to the
southeast comer of said Section 28; thence
south 89011'00" west along the southerly
line of the said southeast quarter of Sec-
tion 28 for a distance of 2642.14 feet to the
southwest corner of the said southeast
quarter of Section 28; thence north
03°04'55" west along the westerly line of
the east half of said Section 28 for a
distance of 3342.98 feet to the southeast
comer of the east half of the northeast
quarter of the southeast quarter of the
northwest quarter; thence south 89°10'17"
west along the southerly line of said frac-
tion for a distance of 330.19 feet to an
intersection with the westerly line of said
fraction; thence north 03°04'51" west along
said westerly line for a distance of 668.55
feet to an intersection with the northerly
line of said fraction; thence north 89010'11"
east along said northerly line for a dis-
tance of 330.18 feet to an intersection
with the said westerly line of the east half
of Section 28; thence north 03004'55" west
along said westerly line for a distance of
1237.04 feet to an intersection with the
said southerly line of Immokalee Road
(C.R. 846); thence north 89°10'00" east
along said southerly line for a distance of
661.06 feet to the point of beginning;
Containing 251.521 acres of land, more or less.
Subject to easements and restrictions of record.
(Ord. No. 93-39, § 2, exh. A; Ord. No. 96-67, § 1,
11-5-96)
Supp. No. 5 CD122:178
SPECIAL DISTRICTS
Sec. 122-1902. Authority.
This article is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 93-39, § 1)
Sec. 122-1903. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the board
of supervisors:
(1) Jim Curry
43 Barkley Circle, Suite 101
Fort Myers, FL 33907
(2) Rochelle Marks
P.O. Box 1008
Naples, FL 33939
(3) Art Largent
105 Murifield Circle
Naples, FL 33962
(4) Dr. Elijah Bell, Ph.D.
4548 31st Avenue SW
Naples, FL 33999
(5) John Veit
206 Bream Drive
Naples, FL 33961
(Ord. No. 93-39, § 3)
Sec. 122-1904. District name.
The community development district herein
established shall henceforth be known as the
Heritage Greens Community Development
District.
(Ord. No. 93-39, § 4; Ord. No. 96-67, § 2, 11-5-96)
Sec. 122-1905. Statutory provisions
governing district.
(a) The Heritage Greens Community Develop-
ment District is governed by the provisions of
F.S. ch. 190.
(b) Additionally, the Board of County Commis-
sioners hereby consents to the board of supervi-
sors of the Heritage Greens Community
Development District exercising the following
special powers in accordance with F.S.
§ 122-1917
§ 190.012(2), to plan, establish, acquire, construct
or reconstruct, enlarge or extend, equip, operate
and maintain additional systems and facilities
for:
(1) Parks and facilities for indoor and outdoor
recreational, cultural and educational
uses.
(2) Security, including, but not limited to,
guardhouses, fences and gates, electronic
intrusion detection systems, and patrol
cars, when authorized by proper
governmental agencies; except that the
district may not exercise any police power,
but may contract with the appropriate
local general purpose government agen-
cies for an increased level of such services
within the district boundaries.
Consent to exercise the above powers by the
Board of County Commissioners in no way implies
that the county has any obligation or responsibil-
ity by the district, nor any liability in regards to
the district's exercise of these special powers.
(Ord. No. 93-39, § 5; Ord. No. 93-70, § 1; Ord.
No. 96-67, § 3, 11-5-96)
Secs. 122-1906-122-1915. Reserved.
ARTICLE LXIX. TARAMINDO
COMMUNITY DEVELOPMENT DISTRICT
Sec. 122-1916. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 2020-19, § 1)
Sec. 122-1917. Establishment of the Tama-
rindo Community Develop-
ment District.
The Tamarindo Community Development
District is hereby established within the boundar-
ies of the real property described in Exhibit "A"
attached hereto and incorporated by reference
herein. [Exhibit A is kept on file with the city.]
(Ord. No. 2020-19, § 2)
Supp. No. 105 CD122:179
§ 122-1918
COLLIER COUNTY CODE
Sec. 122-1918. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. James Ratz 3. Ashley Koza
2. Rebecca Sarver 4. J. Wayne Everett
5. Landon Thomas
(Ord. No. 2020-19, § 3)
Sec. 122-1919. District name.
The community development district herein
established shall henceforth be known as the
"Tamarindo Community Development District."
(Ord. No. 2020-19, § 4)
Sec. 122-1920. Statutory provisions
governing the district.
The Tamarindo Community Development
District shall be governed by the provisions of
F.S. ch. 190, and all other applicable general and
local law.
(Ord. No. 2020-19, § 5)
Sec. 122-1921. Consent to special powers.
The Board hereby consents to the exercise by
the Board of Supervisors of the District of the
special powers set forth in F.S. §§ 190.012(2)(a)
and (d), to plan establish, acquire, construct or
reconstruct, enlarge or extend, equip, operate,
and maintain additional systems and facilities
for: (i) parks and facilities for indoor and outdoor
recreational, cultural, and education uses; and
(ii) security, including, but not limited to,
guardhouses, fences and gates, electronic intru-
sion detection systems, and patrol cars, as
authorized by proper governmental agencies,
provided however that the District may not
exercise any police power, but may contract with
the appropriate local general purpose govern-
ment agencies for an increased level of such
services within the District boundaries.
(Ord. No. 2020-19, § 6)
Sec. 122-1922. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the material inducements contained in the
foregoing Recital setting forth Petitioner's Com-
mitments, re -stated as follows: that the Petitioner,
its successors and assigns, shall: (1) elect one
resident of the District to the five member Board
of Supervisors at such time as residents begin
occupying homes in the District; and (2) record a
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all rights and remedies available at law
and in equity to enforce Petitioner's Commit-
ments against Petitioner, its successors and
assigns.
(Ord. No. 2020-19, § 7)
Secs. 122-1923-122-1930. Reserved.
ARTICLE LXX. HACIENDA NORTH
COMMUNITY DEVELOPMENT DISTRICT*
Sec. 122-1931. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 2022-21, § 1)
Sec. 122-1932. Establishment of the
boundaries for the
Hacienda North Com-
munity Development
District.
The Hacienda North Community Develop-
ment District is hereby established within the
boundaries of the real property described in
Exhibit "A" attached to Ord. No. 2022-21, and
incorporated by reference herein.
(Ord. No. 2022-21, § 2)
Sec. 122-1933. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
*Editor's note —Prior to the inclusion of Ord. No. 2022-
21, former Art. LXX, §§ 122-1931-122-1935 was entitled
"County Barn Roadside Drainage Improvement Municipal
Service Taxing Unit No. 2," which was repealed by Ord. No.
2009-02, § 1, adopted Feb. 10, 2009.
Supp. No. 105 CD122:180
SPECIAL DISTRICTS
1. Maritza Aguiar 2.
Dwight Nadeau
7742 Alico Road
3450 W. Crown Point
Ft. Myers, FL 33912
Blvd. #101
Naples, FL 34112
3. Gary Hains 4.
Robert Mulhere
7742 Alico Road
950 Encore Way
Ft. Myers, FL 33912
Naples, FL 34110
5. Clifford Olson
1164 Goodlette Road
Naples, FL 34102
(Ord. No. 2022-21, § 3)
Sec. 122-1934. District name.
The community development district herein
established shall henceforth be known as the
"Hacienda North Community Development
District."
(Ord. No. 2022-21, § 4)
Sec. 122-1935. Statutory provisions
governing the district.
The Hacienda North Community Develop-
ment District shall be governed by the provisions
of F.S. ch. 190, and all other applicable general
and local law.
(Ord. No. 2022-21, § 5)
Sec. 122-1936. Consent to special powers.
Upon the effective date of this Ordinance, the
Hacienda North Community Development District
will be duly and legally authorized to exist and
exercise all of its powers as set forth in section
190.012(1), Florida Statutes, and as otherwise
provided by law. Further, the Board hereby
consents to the exercise by the Board of Supervi-
sors of the District of the special powers set forth
in F.S. §§ 190.012(2)(a) and (2)(d), to plan,
establish, acquire, construct or reconstruct,
enlarge or extend, equip, operate, and maintain
additional systems and facilities for: (i) parks
and facilities for indoor and outdoor recreational,
cultural, and educational uses; and (ii) security,
including, but not limited to, guardhouses, fences
and gates, electronic intrusion -detection systems,
and patrol cars, when authorized by proper
governmental agencies; provided, however that
the District may not exercise any police power,
but may contract with the appropriate local
§ 122-1947
general-purpose government agencies for an
increased level of such services within the District
boundaries.
(Ord. No. 2022-21, § 6)
Sec. 122-1937. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the material inducements contained in the
foregoing Recital setting forth Petitioner's Com-
mitments, re -stated as follows: that the Petitioner,
its successors and assigns, shall: (1) elect one
resident of the District to the five member Board
of Supervisors at such time as residents begin
occupying homes in the District, and (2) record a
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all rights and remedies available at law
and in equity to enforce Petitioner's Commit-
ments against Petitioner, its successors and
assigns.
(Ord. No. 2022-21, § 7)
Secs. 122-1938-122-1945. Reserved.
ARTICLE LXXI. TERRENO COMMUNITY
DEVELOPMENT DISTRICT*
Sec. 122-1946. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 2022-22, § 1)
Sec. 122-1947. Establishment of the
boundaries for the Terreno
Community Development
District.
The Terreno Community Development District
is hereby established within the boundaries of
*Editor's note —Prior to the inclusion of Ord. No. 2022-
21, former Art. LXXI, §§ 122-1946-122-1950, was entitled
"County Barn Roadside Drainage Improvement Municipal
Service Taxing Unit No. 3," which was repealed by Ord. No.
2009-02, § 1, adopted Feb. 10, 2009.
Supp. No. 105 CD122:180.1
§ 122-1947
COLLIER COUNTY CODE
the real property described in Exhibit "A" attached
to Ord. No. 2022-22, and incorporated by refer-
ence herein.
(Ord. No. 2022-22, § 2)
Sec. 122-1948. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. Scott Brooks
2. Mike Hueniken
24311 Walden Center
24311 Walden Center
Dr., Ste 300
Dr., Ste 300
Bonita Springs, FL
Bonita Springs, FL
34134
34134
3. Pat Butler
4. Naomi Robertson
24311 Walden Center
24311 Walden Center
Dr., Ste 300
Dr., Ste 300
Bonita Springs, FL
Bonita Springs, FL
34134
34134
5. Lauren Ray
24311 Walden Center
Dr., Ste 300
Bonita Springs, FL
34134
(Ord. No. 2022-22, § 3)
Sec. 122-1949. District name.
The community development district herein
established shall henceforth be known as the
"Terreno Community Development District."
(Ord. No. 2022-22, § 4)
Sec. 122-1950. Statutory provisions
governing the district.
The Terreno Community Development District
shall be governed by the provisions of F.S. ch.
190, and all other applicable general and local
law.
(Ord. No. 2022-22, § 5)
Sec. 122-1951. Consent to special powers.
Upon the effective date of this Ordinance, the
Terreno Community Development District will
be duly and legally authorized to exist and
exercise all of its powers as set forth in F.S.
§ 190.012(1), and as otherwise provided by law.
Further, the Board hereby consents to the exercise
by the Board of Supervisors of the District of the
special powers set forth in F.S. §§ 190.012(2)(a)
and (2)(d), to plan, establish, acquire, construct
or reconstruct, enlarge or extend, equip, operate,
and maintain additional systems and facilities
for: (i) parks and facilities for indoor and outdoor
recreational, cultural, and educational uses; and
(ii) security, including, but not limited to,
guardhouses, fences and gates, electronic intru-
sion -detection systems, and patrol cars, when
authorized by proper governmental agencies;
provided, however that the District may not
exercise any police power, but may contract with
the appropriate local general-purpose govern-
ment agencies for an increased level of such
services within the District boundaries.
(Ord. No. 2022-22, § 6)
Sec. 122-1952. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the material inducements contained in the
foregoing Recital setting forth Petitioner's Com-
mitments, re -stated as follows: that the Petitioner,
its successors and assigns, shall: (1) elect one
resident of the District to the five member Board
of Supervisors at such time as residents begin
occupying homes in the District, and (2) record a
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all rights and remedies available at law
and in equity to enforce Petitioner's Commit-
ments against Petitioner, its successors and
assigns.
(Ord. No. 2022-22, § 7)
Secs. 122-1953-122-1960. Reserved.
Supp. No. 105 CD122:180.2
SPECIAL DISTRICTS
ARTICLE LXXII. ORANGE BLOSSOM
RANCH COMMUNITY DEVELOPMENT
DISTRICT*
Sec. 122-1961. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 2016-33, § 1)
Sec. 122-1962. Establishment of the
Orange Blossom Ranch
Community Development
District.
The Orange Blossom Ranch Community
Development District is hereby established within
the boundaries of the real property described in
Exhibit "A" attached to Ord. No. 2016-33 and
incorporated by reference herein.
(Ord. No. 2016-33, § 2)
Sec. 122-1963. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. Mark Taylor 2.
Jim Reinders
3066 Tamiami Trail
3066 Tamiami Trail
North,
North,
Suite 201
Suite 201
Naples, FL 34103
Naples, FL 34103
3. Brian O'Donnell 4.
Ken Bloom
3066 Tamiami Trail
3066 Tamiami Trail
North,
North,
Suite 201
Suite 201
Naples, FL 34103
Naples, FL 34103
5. Karen Welks
3066 Tamiami Trail
North,
Suite 201
Naples, FL 34103
(Ord. No. 2016-33, § 3)
*Editor's note —Former art LXXII was entitled "La
Peninsula Seawall Municipal Service Benefit Unit," deriving
from Ord. No. 2013-70, § 1-6, which was repealed by Ord.
No. 2015-47, § 1, adopted Sept. 8, 2015.
Sec. 122-1964. District name.
§ 122-1967
The community development district herein
established shall henceforth be known as the
"Orange Blossom Ranch Community Develop-
ment District."
(Ord. No. 2016-33, § 4)
Sec. 122-1965. Statutory provisions
governing the district.
The Orange Blossom Ranch Community
Development District shall be governed by the
provisions of F.S. ch. 190, and all other applicable
general and local law.
(Ord. No. 2016-33, § 5)
Sec. 122-1966. Consent to special powers.
Upon the effective date of this Ordinance, the
Orange Blossom Ranch Community Develop-
ment District will be duly and legally authorized
to exist and exercise all of its powers as set forth
in F.S. § 190.012(1), and as otherwise provided
by law.
The Board hereby consents to the exercise by
the Board of Supervisors of the District of the
special powers set forth in F.S. § 190.012(2)(d), to
plan, establish, acquire, construct or reconstruct,
enlarge or extend, equip, operate, and maintain
additional systems and facilities for Security,
including, but not limited to, guardhouses, fences
and gates, electronic intrusion -detection systems,
and patrol cars, when authorized by proper
governmental agencies; except that the district
may not exercise any police power, but may
contract with the appropriate local general-
purpose government agencies for an increased
level of such services within the District boundar-
ies.
(Ord. No. 2016-33, § 6)
Sec. 122-1967. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the material inducements contained in the
Supp. No. 105 CD122:180.3
ARTICLE LXXII. ORANGE BLOSSOM
RANCH COMMUNITY DEVELOPMENT
DISTRICT*
Sec. 122-1961. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 2016-33, § 1)
Sec. 122-1962. Establishment of the
Orange Blossom Ranch
Community Development
District.
The Orange Blossom Ranch Community
Development District is hereby established within
the boundaries of the real property described in
Exhibit "A" attached to Ord. No. 2016-33 and
incorporated by reference herein.
(Ord. No. 2016-33, § 2)
Sec. 122-1963. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. Mark Taylor
3066 Tamiami Trail
North,
Suite 201
Naples, FL 34103
2. Jim Reinders
3066 Tamiami Trail
North,
Suite 201
Naples, FL 34103
3. Brian O'Donnell
3066 Tamiami Trail
North,
Suite 201
Naples, FL 34103
4. Ken Bloom
3066 Tamiami Trail
North,
Suite 201
Naples, FL 34103
5. Karen Welks
3066 Tamiami Trail
North,
Suite 201
Naples, FL 34103
(Ord. No. 2016-33, § 3)
Sec. 122-1964. District name.
The community development district herein
established shall henceforth be known as the
"Orange Blossom Ranch Community Develop-
ment District."
(Ord. No. 2016-33, § 4)
Sec. 122-1965. Statutory provisions
governing the district.
The Orange Blossom Ranch Community
Development District shall be governed by the
provisions of F.S. ch. 190, and all other applicable
general and local law.
(Ord. No. 2016-33, § 5)
Sec. 122-1966. Consent to special powers.
Upon the effective date of this Ordinance, the
Orange Blossom Ranch Community Develop-
ment District will be duly and legally authorized
to exist and exercise all of its powers as set forth
in F.S. § 190.012(1), and as otherwise provided
by law.
The Board hereby consents to the exercise by
the Board of Supervisors of the District of the
special powers set forth in F.S. § 190.012(2)(d), to
plan, establish, acquire, construct or reconstruct,
enlarge or extend, equip, operate, and maintain
additional systems and facilities for Security,
including, but not limited to, guardhouses, fences
and gates, electronic intrusion-detection systems,
and patrol cars, when authorized by proper
governmental agencies; except that the district
may not exercise any police power, but may
contract with the appropriate local general-
purpose government agencies for an increased
level of such services within the District boundar-
ies.
(Ord. No. 2016-33, § 6)
Sec. 122-1967. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the material inducements contained in the
foregoing recitals setting forth Petitioner's Com-
mitments, re-stated as follows: (1) elect one
resident of the District to the five member Board
of Supervisors at such time as residents begin
occupying homes in the District, and (2) record a
*Editor’s note—Former art LXXII was entitled "La
Peninsula Seawall Municipal Service Benefit Unit," deriving
from Ord. No. 2013-70, § 1—6, which was repealed by Ord.
No. 2015-47, § 1, adopted Sept. 8, 2015.
§ 122-1967SPECIAL DISTRICTS
CD122:181Supp. No. 113
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all rights and remedies available at law
and in equity to enforce Petitioner's Commit-
ments against Petitioner, its successors and
assigns.
(Ord. No. 2016-33, § 7)
Secs. 122-1968—122-1980. Reserved.
ARTICLE LXXIII. NAPLES HERITAGE
COMMUNITY DEVELOPMENT DISTRICT
Sec. 122-1981. Findings.
The Board of County Commissioners makes
the following findings:
(1) The creation of the district is consistent
with any applicable element or portion of
the state comprehensive plan and of the
effective local government comprehensive
plan.
(2) The area of land within the proposed
district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to
be developable as one functional inter-
related community.
(3) The district is the best alternative avail-
able for delivering community develop-
ment services and facilities to the area
that will be served by the district.
(4) The community development services and
facilities of the district will be compatible
with the capacity and uses of existing
local and regional community develop-
ment services and facilities.
(5) The area that will be served by the
district is amenable to separate special
district government.
(Ord. No. 96-57, § 1, 9-24-96)
Sec. 122-1982. Grant of petition establish-
ing district.
The board hereby grants the petition for the
establishment of the district pursuant to F.S.
§ 190.005(2).
(Ord. No. 96-57, § 2, 9-24-96)
Sec. 122-1983. External boundaries of the
district.
The land area to be served by the community
development district is 557 contiguous acres of
land which is bounded on the north by Davis
Boulevard (State Road 84) and undeveloped
lands, bounded on the south by a developing
residential subdivision, bounded on the east by
the Isle of Capri Road (C.R. 951) and bounded on
the west by undeveloped lands. This land is
more particularly described as follows:
Begin at the northwest corner of Section 10,
Township 50 South, Range 26 East and run
N88°57'16"E along the north line of said Sec-
tion 10 for 5,008.28 feet to the west right-of-
way line of County Road 951; thence run
S00°51'35"W, along said right-of-way, for
1,377.19 feet; thence run S88°37'27"W for
4,971.94 feet to the west line of said Section
10; thence run S00°40'13"E, along said west
line, for 3,513.15 feet; thence run N89°34'24"W
for 653.91 feet; thence run S00°41'08"E for
700.37 feet to the south line of Section 9,
Township 50 South, Range 26 East; thence
run N89°24'00"W, along the south line of said
Section 9, for 1,307.36 feet; thence run
N00°43'07"W for 696.04 feet; thence run
N89°35'44"W for 653.87 feet to the west line of
the east one-half of said Section 9; thence run
N00°46'52"W, along said west line, for 4,856.27
feet to the northwest corner of the northeast
one-quarter of said Section 9; thence run
N00°48'29"W, along the west line of the east
one-half of Section 4, Township 50 South,
Range 26 East, for 24.89 feet to the south
right-of-way line of State Road 84; thence run
along said right-of-way and a curve concave
northwesterly for 2,246.00 feet, said curve
having a radius of 2,939.79 feet, an included
angle of 43°46'26", a chord of 2,191.77 feet and
a chord bearing of N52°11'04"E to a point of
tangency; thence continue along said right-of-
§ 122-1967 COLLIER COUNTY CODE
CD122:182Supp. No. 113
way, N30°17'51"E for 1,721.35 feet; thence run
N89°18'18"E for 643.44 feet; thence run
S00°28'01"E for 1,403.93 feet; thence
S90°07'52"W for 646.66 feet to the east line of
said Section 4; thence run S00°40'12"E, along
said east line, for 1,405.88 feet to the point of
beginning, and containing 557.00 acres, more
or less.
(Ord. No. 96-57, § 3, 9-24-96)
Sec. 122-1984. District name.
The name of the proposed district is the
Naples Heritage Community Development
District.
(Ord. No. 96-57, § 4, 9-24-96)
Sec. 122-1985. Board of supervisors
members.
The board designates five persons to serve as
the initial members of the board of supervisors.
(Ord. No. 96-57, § 5, 9-24-96)
Sec. 122-1986. Statutory provisions
governing district.
The Naples Heritage Community Develop-
ment District is governed by the provisions of
F.S. ch. 190.
Additionally, the Board of County Commission-
ers of Collier County, Florida, hereby consents to
the Board of Supervisors of the Naples Heritage
Community Development District exercising the
following special powers in accordance with F.S.
§ 190.012(2), to plan, establish, acquire, construct
or reconstruct, enlarge or extend, equip, operate
and maintain additional systems and facilities
for:
(1) Parks and facilities for indoor and outdoor
recreational, cultural and educational
uses.
(2) Security, including, but not limited to,
guardhouses, fences and gates, electronic
intrusion detection systems, and patrol
cars, when authorized by proper
governmental agencies; except that the
district may not exercise any police power,
but may contract wit the appropriate
local general purpose government agen-
cies for an increased level of such services
within the district boundaries.
Consent to exercise the above powers by the
Board of County Commissioners in no way implies
that Collier County has any obligation or
responsibility to ensure that these special powers
are exercised by the district nor any liability in
regards to the district's exercise of these special
powers.
(Ord. No. 96-71, § 1, 11-12-96)
Secs. 122-1987—122-2000. Reserved.
ARTICLE LXXIV. RADIO ROAD
BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT
Sec. 122-2001. Authority.
This article is adopted pursuant to the provi-
sions of F.S. chs. 125, 165 and 200, and other
applicable provisions of law.
(Ord. No. 96-84, § 1, 12-17-96)
Sec. 122-2002. Creation of the municipal
service taxing unit.
There is hereby created and established the
Radio Road Beautification Municipal Service
Taxing Unit, hereinafter referred to as "MSTU."
The boundaries of the MSTU are attached hereto
as Exhibit "A" and incorporated by reference
herein.
§ 122-2002SPECIAL DISTRICTS
CD122:183Supp. No. 113
§ 122-2002 COLLIER COUNTY CODE
CD122:184Supp. No. 113
(Ord. No. 96-84, § 2, 12-17-96; Ord. No. 2023-62, § 2)
§ 122-2002SPECIAL DISTRICTS
CD122:185Supp. No. 113
Sec. 122-2003. Purpose and governing
body.
The MSTU is created for the purpose of
providing curbing, watering facilities, plantings
and maintenance of the median areas for that
portion of Radio Road lying between Livingston
Road and Santa Barbara Boulevard and for any
adjoining public road within the MSTU boundar-
ies, and for the purpose of providing for hard-
scape, watering facilities, plantings, and
maintenance to the entrance to the Rich King
Memorial Greenway, as depicted in Exhibit "A,"
attached [to Ord. No. 2013-43 on file with the
County], lying within the MSTU boundaries,
which is open to the public and utilized for
recreational purposes. The governing body of the
MSTU shall be the Board of County Commission-
ers of Collier County, Florida.
(Ord. No. 96-84, § 3, 12-17-96; Ord. No. 02-59,
§ 1, 11-19-02; Ord. No. 2013-43, § 1; Ord. No.
2023-62, § 1)
Sec. 122-2004. Funding and levy of taxes.
For the purpose of implementing this article,
the Board of County Commissioners shall annu-
ally, 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. 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 one-half a mill per
year.
(Ord. No. 96-84, § 4, 12-17-96)
Sec. 122-2005. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed
and collected in the same manner and form as
provided for the assessment and collection of
general county taxes and subject to the same
fees for assessing and collecting as general county
taxes.
(Ord. No. 96-84, § 5, 12-17-96)
Secs. 122-2006—122-2010. Reserved.
ARTICLE LXXV. BAYSHORE
BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT
Sec. 122-2011. Authority.
This article is adopted pursuant to the provi-
sions of F.S. chs. 125, 165 and 200, and other
applicable provisions of law.
(Ord. No. 97-82, § 1, 12-16-97)
Sec. 122-2012. Creation of the municipal
service taxing unit.
There is hereby created and established the
Bayshore Beautification Municipal Service Taxing
Unit, hereinafter referred to as "MSTU." The
boundaries of the MSTU are as follows: See
attached Exhibit "A," which is incorporated herein
by reference.
(Ord. No. 97-82, § 2, 12-16-97; Ord. No. 98-29;
§ 1; Ord. No. 08-20, § 1; Ord. No. 2018-46, § 1;
Ord. No. 2022-41, § 1)
Editor’s note—Said Exhibit "A" is not set out herein, but
is on file and available for inspection in the offices of the
county.
Sec. 122-2013. Purpose and governing
body.
The MSTU is created for the purpose of:
1) Providing curbing, watering facilities,
plantings and maintenance of the rights-
of-way of roadways within the MSTU;
and
2) Providing traffic calming improvements,
street and pedestrian lighting, sidewalks,
driveways and drainage improvements
where a health/safety/welfare issue exists
or are associated with a beautification
project within the MSTU; and
3) Identifying the Bayshore community to
include directional and way-finding signs,
§ 122-2003 COLLIER COUNTY CODE
CD122:186Supp. No. 113
street furniture and associated ameni-
ties (benches, trash cans, bicycle racks,
informational kiosks, etc.) within the
MSTU; and
4) Pedestrian and bicycle mobility improve-
ments (multi-modal pathways,
boardwalks, scenic pathways, nature
walks, enhanced bicycle lanes, enhanced
crosswalks and pedestrian bridges associ-
ated with such projects; and
5) Beautification and maintenance of all
other public areas within the MSTU as
determined by the Bayshore Beautifica-
tion MSTU Master Plan and by the
Advisory Committee. The governing body
of the MSTU shall be the Board of County
Commissioners of Collier County, Florida.
(Ord. No. 97-82, § 3, 12-16-97; Ord. No. 2013-68,
§ 1)
Sec. 122-2014. Funding and levy of taxes.
For the purpose of implementing this article,
the Board of County Commissioners shall annu-
ally, 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. 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 three mils per year.
(Ord. No. 97-82, § 4, 12-16-97)
Sec. 122-2015. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed
and collected in the same manner and form as
provided for the assessment and collection of
general county taxes and subject to the same
fees for assessing and collecting as general county
taxes.
(Ord. No. 97-82, § 4, 12-16-97)
Sec. 122-2016. Creation of the Bayshore
Beautification Advisory
Committee; appointment
and composition.
(a) There is hereby created and established
the Bayshore Beautification Advisory Commit-
tee, hereinafter referred to as the "committee."
(b) The committee shall consist of seven
members which generally represent the area
within the MSTU. Members of the committee
shall be appointed by and serve at the pleasure
of the Board of County Commissioners. Said
members shall be permanent residents or owners
of residential or commercial property within the
MSTU and electors of Collier County. An owner
of residential or commercial property may be an
individual, an officer of a corporation or a partner
of a partnership. The board shall consider appoint-
ment of members from different subdivisions or
communities within the MSTU.
(c) Appointment of members to the committee
shall be by resolution of the Board of County
Commissioners, which resolution shall set forth
the date of appointment and the term of office.
(d) Members of the committee shall serve
without compensation, but shall be entitled to
receive reimbursement for expenses reasonably
incurred in the performance of their duties upon
prior approval of the Board of County Commis-
sioners.
(Ord. No. 97-82, § 6, 12-16-97; Ord. No. 98-15,
§ 1; Ord. No. 08-20, § 2)
Sec. 122-2017. Terms of office of the
advisory committee.
The initial terms of office of the committee
shall be as follows:
(1) Two members shall be appointed for a
term of two years.
(2) Two members shall be appointed for a
term of three years.
(3) One member shall be appointed for a
term of four years.
Thereafter, each appointment or reappoint-
ment shall be for a term of four years.
§ 122-2017SPECIAL DISTRICTS
CD122:186.1Supp. No. 113
Appointments to fill any vacancies on the
committee shall be for the remainder of the
unexpired term of office.
(Ord. No. 97-82, § 7, 12-16-97)
Sec. 122-2018. Officers of the advisory
committee; quorum; rules of
procedure.
(a) At its earliest opportunity, the member-
ship of the committee shall elect a chairman and
vice-chairman from among the members. Officers
terms shall be for one year, with eligibility for
re-election.
(b) The presence of four or more members
shall constitute a quorum of the committee
necessary to take action and transact business.
(c) The committee shall, by majority vote of
the entire membership, adopt rules of procedure
for the transaction of business and shall keep a
written record of meetings, resolutions, findings
and determinations. Copies of all committee
minutes, resolutions, reports, and exhibits shall
be submitted to the Board of County Commis-
sioners.
(d) Committee member attendance require-
ments, including failure to attend meetings and
member removal from office are governed by
Ordinance No. 01-55, as amended, or by its
successor ordinance.
(Ord. No. 97-82, § 8, 12-16-97; Ord. No. 08-20,
§ 3)
Sec. 122-2019. Functions, powers and
duties of the advisory com-
mittee.
The functions, powers and duties of the com-
mittee shall be as follows:
(1) To aid and assist the Board of County
Commissioners in carrying out the
purposes of the MSTU as set forth in this
article.
(2) To prepare and recommend to the Board
of County Commissioners an itemized
budget of the amount of money required
to carry out the business of the MSTU for
the next fiscal year.
In carrying out this responsibility, the
committee shall, no later than April 1st
of each year, meet with the county
administrator or his designee and outline
to the county administrator or his designee
those projects which the committee wishes
to see accomplished during the next fiscal
year. Based upon this information, the
county administrator or his designee shall
prepare a proposed budget for the MSTU,
in accordance with standard county
guidelines regarding the preparation of
budgets. This proposed budget shall then
be reviewed by the committee and upon
approval by the committee be transmit-
ted through the county administrator or
his designee to the Board of County
Commissioners for adoption in accordance
with procedures for the adoption of
budgets set
§ 122-2017 COLLIER COUNTY CODE
CD122:186.2Supp. No. 113
SPECIAL DISTRICTS
forth under general law and the board of
county commissioners policy. Should the
committee fail to approve a budget by
June 1st of each year, the county admin-
istrator or his designee shall be autho-
rized to submit a proposed budget to the
board of county commissioners.
(3) The committee shall recommend work pro-
grams and priorities to the county admin-
istrator or his designee in accordance with
the adopted budget or budget amend-
ments which may be adopted by the board
of county commissioners. The execution of
work programs shall be under the direct
supervision and responsibility of the county
administrator or his designee. Said work
may be performed under contract (in ac-
cordance with law) or by county forces.
(4) The committee may adopt and amend
"guidelines" to govern its operation and
the operation of the MSTU, subject to
approval by the board of county commis-
sioners.
(Ord. No. 97-82, § 9, 12-16-97)
Sec. 122-2020. Duties of the county adminis-
trator or his designee.
The duties of the county administrator or his
designee shall be:
(1) To administer the activities of the MSTU
in accordance with established policies of
the board of county commissioners and
guidelines adopted by the committee.
(2) To prepare the annual budget in accor-
dance with section 122-2019(2), above.
(3) To provide periodic written reports to the
committee, and the board of county com-
missioners of the activities of the MSTU
and its finances in accordance with estab-
lished guidelines of the board of county
commissioners and/or the committee.
(4) Attend all committee meetings.
(Ord. No. 97-82, § 10, 12-16-97)
Sec. 122-2021. Review process.
This advisory committee shall be reviewed once
every four years commencing 2001, in accordance
§ 122-2034
with the procedures contained in Collier County
Ordinance No. 86-41, as amended, or its successor
ordinance.
(Ord. No. 97-82, § 11, 12-16-97)
Secs. 122-2022-122-2030. Reserved.
ARTICLE LXXVI. GOODLAND/HORR'S
ISLAND FIRE CONTROL DISTRICT
Sec. 122-2031. Title and citation.
This article shall be known as the "Goodland/
Horr's Island Fire Control District."
(Ord. No. 98-114, § 1)
Sec. 122-2032. Boundaries of the district.
The Goodland / Horr's Island Fire Control
District is hereby created within the boundaries
described as follows:
That portion of Sections 18 and 19, Township
52 South, Range 27 East, Collier County, Flor-
ida lying south of Goodland Bay, west of Coon
Key Pass and north of Blue Hill Creek, com-
monly known as Goodland;
AND
That portion of "Horr's Island A.K A. Key Marco"
as recorded in Plat Book 21, pages 5 through
19, Public Records of Collier County, Florida,
lying south of Blue Hill Creek.
(Ord. No. 98-114, § 2)
Sec. 122-2033. Creation and establishment
of the district.
Pursuant to Section 125.01, Florida Statutes,
there is hereby created and established the
Goodland / Horr's Island Fire Control District.
(Ord. No. 98-114, § 3)
Sec. 122-2034. Governing board; powers and
duties.
(a) The governing board of the district shall be
the board of county commissioners with the power
and duty to conduct the affairs of the district with
the powers prescribed by Section 125.01(1)(q),
Florida Statutes, including, but not limited to, the
power to equip, operate and maintain fire depart-
Supp. No. 8 CD122:187
§ 122-2034
COLLIER COUNTY CODE
went services within the district; to buy, lease,
sell, exchange, or otherwise acquire, hold and
dispose of equipment and other personal or real
property; to employ and discharge employees and
authorize them to enter upon private and public
property at reasonable times to inspect, combat
and investigate possible and actual fire hazards
and occurrences; to promulgate rules and regula-
tions for the prevention and control of fire and to
otherwise protect persons and property within
the district.
(b) Upon adoption of the district budget by the
board it shall cause the budget to be recorded in
the Board minutes and shall cause to be levied on
all property within the district a millage suffi-
cient to fund the budget not exceeding two mills
in any one year to be assessed and collected as
though county taxes.
(c) The board of county commissioners shall
cause to be:
(1) Issued all warrants for services, equip-
ment, materials and other expenses in-
curred by the district and approved for
payment by the governing board.
(2) On or before the end of each fiscal year an
annual report of the receipts and expen-
ditures of the district as required by Chap-
ter 218, Part II, Florida Statutes.
(Ord. No. 98-114, § 4)
Secs. 122-2035--122-2040. Reserved.
ARTICLE LXXVII. CAPITAL PROJECT
ASSESSMENT
DIVISION 1. INTRODUCTION
Sec. 122-2041. Definitions.
When used in this article, the following terms
shall have the following meanings, unless the
context clearly requires otherwise:
Annual assessment resolution means the reso-
lution described in section 122-2052 hereof, ap-
proving an assessment roll for a specific fiscal
year.
Assessment means a special assessment im-
posed by the county pursuant to this article to
fund the project cost of local improvements or the
operating cost of related services.
Assessment roll means the special assessment
roll relating to local improvements or related
services, approved by a final assessment resolu-
tion pursuant to section 122-2051 hereof or an
annual assessment resolution pursuant to section
122-2052 hereof.
Assessment unit means the unit or criteria
utilized to determine the assessment for each
parcel of property, as set forth in the initial
assessment resolution. "Assessment units" may
include, by way of example only and not limita-
tion, one or a combination of the following: front
footage, platted lots or parcels of record, land
area, improvement area, equivalent residential
connections, permitted land use, trip generation
rates, rights to future trip generation capacity
under applicable concurrency management regu-
lations, property value or any other physical
characteristic or reasonably expected use of the
property that is related to the local improvement
or related service to be funded from proceeds of
the assessment.
Board means the Board of County Commission-
ers of Collier County, Florida.
Capital cost means all or any portion of the
expenses that are properly attributable to the
acquisition, design, construction, installation, re-
construction, renewal or replacement (including
demolition, environmental mitigation and reloca-
tion) of local improvements and imposition of the
related assessments under generally accepted ac-
counting principles; and including reimburse-
ment to the county for any funds advanced for
capital cost and interest on any interfund or
intrafund loan for such purposes.
Clerk shall mean the clerk of the circuit court
for the county, ex-officio clerk of the board, or such
other person as may be duly authorized to act on
such person's behalf.
County means Collier County, Florida.
t
Supp. No. 8 CD122:188
SPECIAL DISTRICTS
County administrator means the chief admin-
istrative officer of the county, designated by the
board to be responsible for coordinating assess-
ments, or such person's designee.
Final assessment resolution means the resolu-
tion described in section 122-2051 hereof, which
shall confirm, modify or repeal the initial assess-
ment resolution and which shall be the final
proceeding for the imposition of an assessment.
Fiscal year means the period commencing on
October 1 of each year and continuing through the
next succeeding September 30, or such other
period as may be prescribed by law as the fiscal
year for the county.
Government property means property owned by
the United States ofAmerica, the State of Florida,
a county, a special district, a municipal corpora-
tion, or any of their respective agencies or politi-
cal subdivisions.
Initial assessment resolution means the resolu-
tion described in section 122-2047 hereof, which
shall be the initial proceeding for the imposition
of an assessment.
Local improvement means a capital improve-
ment constructed or installed by the county for
the special benefit of a neighborhood or other local
area.
MSBU means any of the municipal service
benefit units created by resolution of the board
pursuant to section 122-2044 hereof, that spe-
cially benefit from a local improvement or related
service.
Obligations means bonds or other evidence of
indebtedness including but not limited to, notes,
commercial paper, capital leases or any other
obligation issued or incurred to finance any por-
tion of the project cost of local improvements and
secured, in whole or in part, by proceeds of the
assessments.
Operating cost means all or any portion of the
expenses that are properly attributable to related
services under generally accepted accounting prin-
ciples, including, without limiting the generality
of the foregoing, reimbursement to the county for
§ 122-2041
any funds advanced for related services, and
interest on any interfund or intrafund loan for
such purpose.
Ordinance means this Capital Project Assess-
ment Ordinance.
Pledged revenue means, as to any series of
obligations, (A) the proceeds of such obligations,
including investment earnings, (B) proceeds of
the assessments pledged to secure the payment of
such obligations, and (C) any other legally avail-
able non -ad valorem revenue pledged, at the
board's sole option, to secure the payment of such
obligations, as specified by the ordinance and
resolution authorizing such obligations.
Project cost means (A) the capital cost of a local
improvement, (B) the transaction cost associated
with the obligations which financed the local
improvement, (C) interest accruing on such obli-
gations for such period of time as the county
deems appropriate, (D) the debt service reserve
fund or account, if any, established for the obliga-
tions which financed the local improvement, and
(E) any other costs or expenses related thereto.
Property appraiser means the Collier County
Property Appraiser.
Related service means the operation and main-
tenance of a local improvement.
Resolution of intent means the resolution ex-
pressing the board's intent to collect assessments
on the ad valorem tax bill required by the Uni-
form Assessment Collection Act.
Tax collector means the Collier County Tax
Collector.
Tax roll means the real property ad valorem
tax assessment roll maintained by the property
appraiser for the purpose of the levy and collec-
tion of ad valorem taxes.
71-ansaction cost means the costs, fees and
expenses incurred by the county in connection
with the issuance and sale of any series of obliga-
tions, including but not limited to (A) rating
agency and other financing fees; (B) the fees and
disbursements of bond counsel; (C) the underwrit-
ers' discount; (D) the fees and disbursements of
the county's financial advisor; (E) the costs of
Supp. No. 8 CD122:189
§ 122-2041 COLLIER COUNTY CODE
preparing and printing the obligations, the pre-
liminary official statement, the final official state-
ment, and all other documentation supporting
issuance of the obligations; (F) the fees payable in
respect of any municipal bond insurance policy;
(G) administrative, development, credit review,
and all other fees associated with any pooled
commercial paper or similar interim financing
program; and (G) any other costs of a similar
nature incurred in connection with issuance of
such obligations.
Uniform Assessment Collection Act means Sec-
tions 197.3632 and 197.3635, Florida Statutes, or
any successor statutes authorizing the collection
of non -ad valorem assessments on the same bill
as ad valorem taxes, and any applicable regula-
tions promulgated thereunder.
(Ord. No. 98-45)
Sec. 122-2042. Interpretation; title and cita-
tion.
(a) Unless the context indicates otherwise, words
importing the singular number include the plural
number and vice versa; the terms "hereof," "here-
by," "herein," "hereto," "hereunder" and similar
terms refer to this article and the term "hereaf-
ter" means after, and the term "heretofore" means
before, the effective date of this article. Words of
any gender include the correlative words of the
other gender, unless the sense indicates other-
wise.
(b) This article being necessary for the welfare
of the inhabitants of the county, particularly the
owners of property located within the MSBUs,
shall be liberally construed to effect the purposes
hereof.
(c) This article shall be known and cited as the
"Capital Project Assessment Ordinance."
(Ord. No. 98-45)
Sec. 122-2043. General findings.
It is hereby ascertained, determined and de-
clared that:
(1) Article VIII, Section 1 of the Florida Con-
stitution and Sections 125.01 and 125.66,
Florida Statutes, grant to the board all
powers of local self-government to per-
form county functions and to render ser-
vices for county purposes in a manner not
inconsistent with general or special law,
and such power may be exercised by the
enactment of county ordinances.
(2) In addition to its powers of self-govern-
ment, the board is authorized by Sections
125.01(1)(q) and (r), Florida Statutes, to
establish municipal service benefit units
for all or any part of the unincorporated
area within the county, or within the
municipal boundaries of an incorporated
area upon consent of the governing body
of the affected municipality, to provide
water, sewer, streets and other essential
facilities.
(3) The assessments imposed pursuant to this
article will be imposed by the board, not
the property appraiser or tax collector.
Any activity of the property appraiser or
tax collector under the provisions of this
article shall be construed solely as minis-
terial.
(Ord. No. 98-45)
DIVISION 2. MUNICIPAL SERVICE BENEFIT
UNITS
Sec. 122-2044. Creation of municipal ser-
vice benefit units.
The board is hereby authorized to create mu-
nicipal service benefit units in accordance with
the procedures set forth herein to include prop-
erty located within the unincorporated area of the
county and such property situated within a mu-
nicipality as to which consent is received by such
municipality as provided in Section 125.01(1)(q),
Florida Statutes. Each MSBU shall encompass
only that property specially benefited by the local
improvements and related services proposed for
funding from the proceeds of assessments to be
imposed therein. Either the initial assessment
resolution proposing each MSBU or the final
assessment resolution creating each MSBU shall
include brief descriptions of the proposed local
improvements and related services, a description
of the property to be included within the MSBU,
and specific legislative findings that recognize the
Supp. No. 8 CD122:190
SPECIAL DISTRICTS
special benefit to be provided by each proposed
local improvement and related service to property
within the MSBU.
(Ord. No. 98-45)
Sec. 122-2045. Landowner petition process.
At its option, the board may establish a process
pursuant to which the owners of property may
petition for creation of an MSBU to fund local
improvements and related services. Notwithstand-
ing any petition process established pursuant to
this section 122-2045, the board shall retain the
authority to create MSBUS without a landowner
petition.
(Ord. No. 98-45)
DIVISION 3. ASSESSMENTS
Sec. 122-2046. Authority.
The board is hereby authorized to impose as-
sessments against property located within an
MSBU to fund the project cost and related ser-
vices of local improvements. The assessment shall
be computed in a manner that fairly and reason-
ably apportions the project cost among the parcels
of property within the MSBU, based upon objec-
tively determinable assessment units.
(Ord. No. 98-45)
Sec. 122-2047. Initial assessment resolution.
The initial proceeding for creation of an MSBU
and imposition of an assessment shall be the
board's adoption of an initial assessment resolu-
tion. The initial assessment resolution shall (A)
describe the property to be located within the
proposed MSBU; (B) describe the local improve-
ment and related service proposed for funding
from proceeds of the assessments; (C) estimate
the capital cost, project cost and operating cost;
(D) describe with particularly the proposed method
of apportioning the capital cost, project cost and
operating cost among the parcels of property
located within the proposed MSBU, such that the
owner of any parcel of property can objectively
determine the number of assessment units and
the amount of the assessment; (E) describe the
provisions, if any, for acceleration and prepay-
ment of the assessment; (G) describe the provi-
§ 122-2049
sions, if any, for reallocating the assessment upon
future subdivision; and (H) include specific legis-
lative findings that recognize the fairness pro-
vided by the apportionment methodology.
(Ord. No. 98-45)
Sec. 122-2048. Assessment roll.
(a) The county administrator shall prepare a
preliminary assessment roll that contains the
following information:
(1) A summary description of each parcel of
property (conforming to the description
contained on the tax roll) subject to the
assessment;
(2) The name of the owner of record of each
parcel, as shown on the tax roll;
(3) The number of assessment units attribut-
able to each parcel;
(4) The estimated maximum annual assess-
ment to become due in any fiscal year for
each assessment unit; and
(5) The estimated maximum annual assess-
ment to become due in any fiscal year for
each parcel.
(B) Copies of the initial assessment resolution
and the preliminary assessment roll shall be on
file in the office of the county administrator and
open to public inspection. The foregoing shall not
be construed to require that the assessment roll
be in printed form if the amount of the Assess-
ment for each parcel of property can be deter-
mined by use of a computer terminal available to
the public.
(Ord. No. 98-45)
Sec. 122-2049. Notice by publication.
After filing the assessment roll in the office of
the county administrator, as required by section
122-2048(b) hereof, the county administrator shall
publish once in a newspaper of general circulation
within the county a notice stating that at a public
hearing of the board will be held on a certain day
and hour, not earlier than 20 calendar days from
such publication, at which hearing the board will
receive written comments and hear testimony
from all interested persons regarding creating of
Supp. No. 8 CD122:191
§ 122-2049 COLLIER COUNTY CODE �\
the MSBU and adoption of the final assessment
resolution. The published notice shall conform to
the requirements set forth in the Uniform Assess-
ment Collection Act.
(Ord. No. 98-45)
Sec. 122-2050. Notice by mail.
In addition to the published notice required by
section 122-2049, the county administrator shall
provide notice of the proposed assessment by first
class mail to the owner of each parcel of property
subject to the assessment. The mailed notice shall
conform to the requirements set forth in the
Uniform Assessment Collection Act. Notice shall
be mailed at least 20 calendar days prior to the
hearing to each property owner at such address as
is shown on the tax roll on the 20th calendar day
prior to the date of mailing. Notice shall be
deemed mailed upon delivery thereof to the pos-
session of the U.S. Postal Service. The county
administrator may provide proof of such notice by
affidavit. Failure of the owner to receive such
notice due to mistake or inadvertence shall not
affect the validity of the assessment roll nor
release or discharge any obligation for the pay-
ment of an assessment imposed by the board
pursuant to this article.
(Ord. No. 98-45)
Sec. 122-2051. Adoption of final resolution.
At the time named in such notice, or such time
to which an adjournment or continuance may be
taken, the board shall receive written objections
and hear testimony of interested persons and may
then, or at any subsequent meeting of the board,
adopt the final assessment resolution which shall
(A) create the MSBU; (B) confirm, modify or
repeal the initial assessment resolution with such
amendments, if any, as may be deemed appropri-
ate by the board; (C) establish the maximum
amount of the assessment for each assessment
unit; (D) approve the assessment roll, with such
amendments as it deems just and right; and (E)
determine the method of collection. Following
adoption of the final assessment resolution but
prior to the date on which the assessment roll is
certified for collection pursuant to section 122-
2058 et seq. hereof, the board may obtain a
written legal opinion that the assessments have
been validly imposed from the office of the county
attorney, an attorney -at -law or firm of attorneys
of recognized standing in matters pertaining to
local government law; provided however, that the
failure to obtain such opinion shall not invalidate
the assessments or affect the factual findings
made by the board in connection therewith.
(Ord. No. 98-45)
Sec. 122-2052. Annual assessment resolution.
During its budget adoption process, the board
shall adopt an annual assessment resolution for
each fiscal year in which assessments will be
imposed to approve the assessment roll for such
fiscal year. The final assessment resolution shall
constitute the annual assessment resolution for
the initial fiscal year. The assessment roll shall be
prepared in accordance with the initial assess-
ment resolution, as confirmed or amended by the
final assessment resolution. If the proposed as-
sessment for any parcel of property exceeds the
maximum amount established in the notice pro-
vided pursuant section 122-2050 hereof or if an
assessment is imposed against property not pre-
viously subject thereto, the board shall provide
notice to the owner of such property in accordance
with sections 122-2049 and 122-2050 hereof and
conduct a public hearing prior to adoption of the
annual assessment resolution. Failure to adopt
an annual assessment resolution during the bud-
get adoption process for a fiscal year may be cured
at any time.
(Ord. No. 98-45)
Sec. 122-2053. Effect of assessment resolu-
tions.
The adoption of the final assessment resolution
shall be the final adjudication of the issues pre-
sented (including, but not limited to, the appor-
tionment methodology, the rate of assessment,
the adoption of the assessment roll and the levy
and lien of the assessments), unless proper steps
are initiated in a court of competent jurisdiction
to secure relief within 20 days from the date of
board adoption of the final assessment resolution.
The assessments for each fiscal year shall be
established upon adoption of the annual assess-
ment resolution. The assessment roll, as ap-
proved by the annual assessment resolution, shall
Supp. No. 8 CD122:192
SPECIAL DISTRICTS
be certified to the tax collector, or such other
official as the board by resolution deems appro-
priate.
(Ord. No. 98-45)
Sec. 122-2054. Lien of assessments.
(a) Upon adoption of the annual assessment
resolution for each fiscal year, assessments to be
collected under the uniform assessment collection
act shall constitute a lien against assessed prop-
erty equal in rank and dignity with the liens of all
state, county, district or municipal taxes and
other non -ad valorem assessments. Except as
otherwise provided by law, such lien shall be
superior in dignity to all other liens, titles and
claims, until paid. The lien shall be deemed
perfected upon adoption by the Board of the
annual assessment resolution and shall attach to
the property included on the assessment roll as of
the prior January 1, the lien date for ad valorem
taxes.
(b) Upon adoption of the final assessment res-
olution, assessments to be collected under any
alternative method of collection provided in sec-
tion 122-2059 hereof shall constitute a lien against
assessed property equal in rank and dignity with
the liens of all state, county, district or municipal
taxes and other non -ad valorem assessments.
Except as otherwise provided by law, such lien
shall be superior in dignity to all other liens, titles
and claims, until paid. The lien shall be deemed
perfected on the date notice thereof is recorded in
the official records of Collier County, Florida.
(Ord. No. 98-45)
Sec. 122-2055. Revisions to assessments.
If any assessment made under the provisions of
this article is either in whole or in part annulled,
vacated or set aside by the judgment of any court,
or if the board is satisfied that any such assess-
ment is so irregular or defective that the same
cannot be enforced or collected, or if the board has
failed to include any property on the assessment
roll which property should have been so included,
the board may take all necessary steps to impose
a new assessment against any property benefited
by the local improvement or related service, fol-
lowing as nearly as may be practicable, the pro-
§ 122-2057
visions of this ordinance and in case such second
assessment is annulled, the board may obtain and
impose other assessments until a valid assess-
ment is imposed.
(Ord. No. 98-45)
Sec. 122-2056. Procedural irregularities.
Any irregularity in the proceedings in connec-
tion with the levy of any assessment under the
provisions of this article shall not affect the va-
lidity of the same after the approval thereof, and
any assessment as finally approved shall be com-
petent and sufficient evidence that such assess-
ment was duly levied, that the assessment was
duly made and adopted, and that all other pro-
ceedings adequate to such assessment were duly
had, taken and performed as required by this
article; and no variance from the directions here-
under shall be held material unless it be clearly
shown that the party objecting was materially
injured thereby. Notwithstanding the provisions
of this section 122-2056, any party objecting to an
assessment imposed pursuant to this article must
file an objection with a court of competent juris-
diction within the time periods prescribed herein.
(Ord. No. 98-45)
Sec. 122-2057. Correction of errors and omis-
sions.
(a) No act of error or omission on the part of
the board, county administrator, property ap-
praiser, tax collector, clerk, or their respective
deputies or employees, shall operate to release or
discharge any obligation for payment of any as-
sessment imposed by the board under the provi-
sions of this article.
(b) The number of assessment units attributed
to a parcel of property may be corrected at any
time by the county administrator. any such cor-
rection which reduces an assessment shall be
considered valid from the date on which the
assessment was imposed and shall in no way
affect the enforcement of the assessment imposed
under the provisions of this article. Any such
correction which increases an assessment or im-
poses an assessment on omitted property shall
first require notice to the affected owner in the
manner described in section 122-2050 hereof,
Supp. No. 8 CD122:193
§ 122-2057 COLLIER COUNTY CODE
providing the date, time and place that the board
will consider confirming the correction and offer-
ing the owner an opportunity to be heard.
(C) After the assessment roll has been deliv-
ered to the tax collector in accordance with the
Uniform Assessment Collection Act, any changes,
modifications or corrections thereto shall be made
in accordance with the procedures applicable to
errors and insolvencies for ad valorem taxes.
(Ord. No. 98-45)
DIVISION 4. COLLECTION OF
ASSESSMENTS
Sec. 122-2058. Method of collection.
Unless directed otherwise by the board, assess-
ments (other than assessments imposed against
government property) shall be collected pursuant
to the Uniform Assessment Collection Act, and
the county shall comply with all applicable provi-
sions thereof The resolution of intent required by
the Uniform Assessment Collection Act may be
adopted either prior to or following the initial
assessment resolution; provided however, that
the resolution of intent must be adopted prior to
January 1 (or March 1 with consent of the prop-
erty appraiser and tax collector) of the year in
which the assessments are first collected on the
ad valorem tax bill. Any hearing or notice re-
quired by this ordinance may be combined with
any other hearing or notice required by the Uni-
form Assessment Collection Act.
(Ord. No. 98-45)
Sec. 122-2039. Alternative method of collec-
tion.
In lieu of using the Uniform Assessment Col-
lection Act, the county may elect to collect the
Assessment by any other method which is autho-
rized by law or provided by this section 122-2059
as follows:
(1) The county shall provide assessment bills
by first class mail to the owner of each
affected parcel of property, other than
government property. The bill or accom-
panying explanatory material shall in-
clude (1) a brief explanation of the assess-
ment, (2) a description of the assessment
units used to determine the amount of the
assessment, (3) the number of assessment
units attributable to the parcel, (4) the
total amount of the parcel's assessment
for the appropriate period, (5) the location
at which payment will be accepted, (6) the
date on which the assessment is due, and
(7) a statement that the assessment con-
stitutes a lien against assessed property
equal in rank and dignity with the liens of
all state, county, district or municipal
taxes and other non -ad valorem assess-
ments.
(2) A general notice of the lien resulting from
imposition of the assessments shall be
recorded in the official records of Collier
County, Florida. Nothing herein shall be
construed to require that individual liens
or releases be filed in the official records.
(3) The county shall have the right to appoint
or retain an agent to foreclose and collect
all delinquent assessments in the manner
provided by law. An assessment shall be-
come delinquent if it is not paid within 30
days from the due date. The county or its
agent shall notify any property owner
who is delinquent in payment of an as-
sessment within 60 days from the date
such assessment was due. Such notice
shall state in effect that the county or its
agent will initiate a foreclosure action and
cause the foreclosure of such property
subject to a delinquent assessment in a
method now or hereafter provided by law
for foreclosure of mortgages on real es-
tate, or otherwise as provided by law.
(4) All costs, fees and expenses, including
reasonable attorney fees and title search
expenses, related to any foreclosure ac-
tion as described herein shall be included
in any judgment or decree rendered therein.
At the sale pursuant to decree in any such
action, the county may be the purchaser
to the same extent as an individual per-
son or corporation. The county may join in
one foreclosure action the collection of
assessments against any or all property
Supp. No. 8 CD122:194
SPECIAL DISTRICTS
assessed in accordance with the provi-
sions hereof All delinquent property own-
ers whose property is foreclosed shall be
liable for an apportioned amount of rea-
sonable costs and expenses incurred by
the county and its agents, including rea-
sonable attorney fees, in collection of such
delinquent assessments and any other
costs incurred by the county as a result of
such delinquent assessments including,
but not limited to, costs paid for draws on
a credit facility and the same shall be
collectible as a part of or in addition to,
the costs of the action.
(5) In lieu of foreclosure, any delinquent as-
sessment and the costs, fees and expenses
attributable thereto, may be collected pur-
suant to the Uniform Assessment Collec-
tion Act; provided however, that (1) notice
is provided to the owner in the manner
required by law and this article, and (2)
any existing lien of record on the affected
parcel for the delinquent assessment is
supplanted by the lien resulting from cer-
tification of the assessment roll to the tax
collector.
(Ord. No. 98-45)
Sec. 122-2060. Responsibility for enforce-
ment.
The county and its agent, if any, shall maintain
the duty to enforce the prompt collection of as-
sessments by the means provided herein. The
duties related to collection of assessments may be
enforced at the suit of any holder of obligations in
a court of competent jurisdiction by mandamus or
other appropriate proceedings or actions.
(Ord. No. 98-45)
Sec. 122-2061. Government property.
(a) If assessments are imposed against govern-
ment property, the county shall provide assess-
ment bills by first class mail to the owner of each
affected parcel of government property. The bill or
accompanying explanatory material shall include
(1) a brief explanation of the assessment, (2) a
description of the assessment units used to deter-
mine the amount of the assessment, (3) the num-
§ 122-2062
her of assessment units attributable to the parcel,
(4) the total amount of the parcel's assessment for
the appropriate period, (5) the location at which
payment will be accepted, and (6) the date on
which the assessment is due.
(b) Assessments imposed against governmen-
tal property shall be due on the same date as
assessments against other property within the
MSBU and, if applicable, shall be subject to the
same discounts for early payment.
(c) An assessment shall become delinquent if it
is not paid within 30 days from the due date. The
county shall notify the owner of any government
property that is delinquent in payment of its
assessment within 60 days from the date such
assessment was due. Such notice shall state in
effect that the county will initiate a mandamus or
other appropriate judicial action to compel pay-
ment.
(d) All costs, fees and expenses, including rea-
sonable attorney fees and title search expenses,
related to any mandamus or other action as
described herein shall be included in any judg-
ment or decree rendered therein. All delinquent
owners of government property against which a
mandamus or other appropriate action is filed
shall be liable for an apportioned amount of
reasonable costs and expenses incurred by the
county, including reasonable attorney fees, in
collection of such delinquent assessments and any
other costs incurred by the county as a result of
such delinquent assessments including, but not
limited to, costs paid for draws on a credit facility
and the same shall be collectible as a part of or in
addition to, the costs of the action.
(e) As an alternative to the foregoing, an as-
sessment imposed against government property
may be collected on the bill for any utility service
provided to such governmental property. The board
may contract for such billing services with any
utility provider.
(Ord. No. 98-45)
DIVISION 5. ISSUANCE OF OBLIGATIONS
Sec. 122-2062. General authority.
(a) Upon adoption of the final assessment res-
olution imposing assessments to fund a local
improvement or at any time thereafter, the board
Supp. No. 8 CD122:195
§ 122-2062
COLLIER COUNTY CODE
shall have the power and is hereby authorized to
provide by resolution, at one time or from time to
time in series, for the issuance of obligations to
fund the project cost thereof.
(b) The principal of and interest on each series
of obligations shall be payable from pledged rev-
enue. At the option of the board, the county may
agree, by resolution, to budget and appropriate
funds to make up any deficiency in the reserve
account established for the obligations or in the
payment of the obligations, from other non -ad
valorem revenue sources. The board may also
provide, by resolution, for a pledge of or lien upon
proceeds of such non -ad valorem revenue sources
for the benefit of the holders of the obligations.
Any such resolution shall determine the nature
and extent of any pledge of or lien upon proceeds
of such non -ad valorem revenue sources.
(Ord. No. 98-45)
Sec. 122-2063. Terms of the obligations.
The obligations shall be dated, shall bear inter-
est at such rate or rates, shall mature at such
times as may be determined by resolution of the
board, and may be made redeemable before ma-
turity, at the option of the county, at such price or
prices and under such terms and conditions, all as
may be fixed by the board. Said obligations shall
mature not later than 40 years after their issu-
ance. The board shall determine by resolution the
form of the obligations, the manner of executing
such obligations, and shall fix the denominations
of such obligations, the place or places of payment
of the principal and interest, which may be at any
bank or trust company within or outside of the
State of Florida, and such other terms and provi-
sions of the obligations as it deems appropriate.
The obligations may be sold at public or private
sale for such price or prices as the board shall
determine by resolution. The obligations may be
delivered to any contractor to pay for construction
of the local improvements or may be sold in such
manner and for such price as the board may
determine by resolution to be for the best inter-
ests of the county.
(Ord. No. 98-45)
Sec. 122-2064. Variable rate obligations.
At the option of the board, obligations may bear
interest at a variable rate.
(Ord. No. 98-45)
Sec. 122-2065. Temporary obligations.
Prior to the preparation of definitive obliga-
tions of any series, the board may, under like
restrictions, issue interim receipts, interim certif-
icates, or temporary obligations, exchangeable for
definitive obligations when such obligations have
been executed and are available for delivery. The
board may also provide for the replacement of any
obligations which shall become mutilated, de-
stroyed or lost. Obligations may be issued without
any other proceedings or the happening of any
other conditions or things than those proceedings,
conditions or things which are specifically re-
quired by this article.
(Ord. No. 98-45)
Sec. 122-2066. Anticipation notes.
In anticipation of the sale of obligations, the
board may, by resolution, issue notes and may
renew the same from time to time. such notes
may be paid from the proceeds of the obligations,
the proceeds of the assessments, the proceeds of
the notes and such other legally available moneys
as the board deems appropriate by resolution.
Said notes shall mature within five years of their
issuance and shall bear interest at a rate not
exceeding the maximum rate provided by law.
The board may issue obligations or renewal notes
to repay the notes. The notes shall be issued in
the same manner as the obligations.
(Ord. No. 98-45)
Sec. 122-2067. Taxing power not pledged.
Obligations issued under the provisions of this
article shall not be deemed to constitute a general
obligation or pledge of the full faith and credit of
the county within the meaning of the Constitu-
tion of the State of Florida, but such obligations
shall be payable only from pledged revenue in the
manner provided herein and by the resolution
authorizing the obligations. The issuance of obli-
gations under the provisions of this article shall
not directly or indirectly obligate the county to
Supp. No. 8 CD122:196
SPECIAL DISTRICTS
levy or to pledge any form of ad valorem taxation
whatever therefor. No holder of any such obliga-
tions shall ever have the right to compel any
exercise of the ad valorem taxing power on the
part of the County to pay any such obligations or
the interest thereon or to enforce payment of
such obligations or the interest thereon against
any property of the County, nor shall such
obligations constitute a charge, lien or
encumbrance, legal or equitable, upon any
property of the County, except the pledged
revenue.
(Ord. No. 98-45)
Sec. 122-2068. Trust funds.
The pledged revenue received pursuant to the
authority of this article shall be deemed to be
trust funds, to be held and applied solely as
provided in this article and in the resolution
authorizing issuance of the obligations. Such
pledged revenue may be invested by the County,
or its designee, in the manner provided by the
resolution authorizing issuance of the obliga-
tions. The pledged revenue upon receipt thereof
by the County shall be subject to the lien and
pledge of the holders of any obligations or any
entity other than the County providing credit
enhancement on the obligations.
(Ord. No. 98-45)
Sec. 122-2069. Remedies of holders.
Any holder of obligations, except to the extent
the rights herein given may be restricted by the
resolution authorizing issuance of the obliga-
tions, may, whether at law or in equity, by suit,
action, mandamus or other proceedings, protect
and enforce any and all rights under the laws of
the State of Florida or granted hereunder or
under such resolution, and may enforce and
compel the performance of all duties required by
this part, or by such resolution, to be performed
by the County.
(Ord. No. 98-45)
Sec. 122-2070. Refunding obligations.
§ 122-2090
of the County theretofore issued to finance the
project cost of a local improvement, and provide
for the rights of the holders hereof. Such refund-
ing obligations may be issued in an amount
sufficient to provide for the payment of the
principal of, redemption premium, if any, and
interest on the outstanding obligations to be
refunded. If the issuance of such refunding
obligations results in an annual assessment that
exceeds the estimated maximum annual assess-
ments set forth in the notice provided pursuant
to Section 122-2050 hereof, the Board shall
provide notice to the affected property owners
and conduct a public hearing in the manner
required by Section 122-2046 et seq. of this
article.
(Ord. No. 98-45)
DIVISION 6. GENERAL PROVISIONS
Sec. 122-2071. Alternative method.
This article shall be deemed to provide an
additional and alternative method for the imposi-
tion and collection of assessments and shall be
regarded as supplemental and additional to
powers conferred by other laws, and shall not be
regarded as in derogation of any powers now
existing or which may hereafter come into
existence.
(Ord. No. 98-45)
Sec. 122-2072. Effect on Ordinance No.
88-23, as amended.
Ordinance No. 88-23, as amended by Ordinance
No. 93-59, previously enacted by the Board, is
hereby superceded by this article. Any fees,
assessments, or other charges imposed pursuant
to Ordinance No. 88-23, as amended, that are
unpaid on the effective date of this article shall
remain due and payable and shall be subject to
enforcement and collection in the manner provided
in Ordinance No. 88-23, as amended, this article,
or any other lawful means.
(Ord. No. 98-45)
The County may, by resolution of the Board,
issue obligations to refund any obligations issued
pursuant to this article, or any other obligations Secs. 122-2073-122-2090. Reserved.
Supp. No. 111 CD122:197
§ 122-2091 COLLIER COUNTY CODE
ARTICLE LXXVIII. CAYMAS COMMUNITY Sec. 122-2095. Statutory provisions
DEVELOPMENT DISTRICT* governing the district.
Sec. 122-2091. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 2023-33, § 1)
Sec. 122-2092. Establishment of the
boundaries for the Caymas
Community Development
District.
The Caymas Community Development District
is hereby established within the boundaries of
the real property described in Exhibit "A" attached
to Ord. No. 2023-33, and incorporated by refer-
ence herein.
(Ord. No. 2023-33, § 2)
Sec. 122-2093. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. Erica Lolli 2.
Chris Johnson
2639 Professional
2639 Professional
Circle #101
Circle, #101
Naples, FL 34119
Naples, FL 34119
3. Drew Kowalczyk 4.
Keith Gelder
2639 Professional
2639 Professional
Circle #101
Circle, #101
Naples, FL 34119
Naples, FL 34119
5. John Ferry
2639 Professional
Circle #101
Naples, FL 34119
(Ord. No. 2023-33, § 3)
Sec. 122-2094. District name.
The community development district herein
established shall henceforth be known as the
"Caymas Community Development District."
(Ord. No. 2023-33, § 4)
*Editor's note —Ord. No. 2009-02, § 1, adopted Feb. 10,
2009, repealed the former Art. LXXVIII, §§ 122-2091-122-
2096, which pertained to Arnold/Mercantile Avenue Municipal
Service Taxing and Benefit Unit and derived from Ord. No.
02-65, §§ 1-6.
The Caymas Community Development District
shall be governed by the provisions of F.S. Ch.
190, and all other applicable general and local
law.
(Ord. No. 2023-33, § 5)
Sec. 122-2096. Consent to special powers.
Upon the effective date of this Ordinance, the
Caymas Community Development District will
be duly and legally authorized to exist and
exercise all of its powers as set forth in F.S.
§ 190.012(1), and as otherwise provided by law.
Further, the Board hereby consents to the exercise
by the Board of Supervisors of the District of the
special powers set forth in F.S. §§ 190.012(2)(a)
and 190.012(2)(d), to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and
facilities for:
(i) parks and facilities for indoor and outdoor
recreational, cultural, and educational
uses; and (ii) security, including, but not
limited to, guardhouses, fences and gates,
electronic intrusion -detection systems, and
patrol cars, when authorized by proper
governmental agencies; provided, however
that the District may not exercise any
police power, but may contract with the
appropriate local general-purpose govern-
ment agencies for an increased level of
such services within the District boundar-
ies.
(Ord. No. 2023-33, § 6)
Sec. 122-2097. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the material inducements contained in the
foregoing Recitals setting forth Petitioner's Com-
mitments, re -stated as follows: that the Petitioner,
its successors and assigns, shall (1) elect one
resident of the District to the five member Board
of Supervisors at such time as residents begin
occupying homes in the District, and (2) record a
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
Supp. No. 111 CD122:198
SPECIAL DISTRICTS
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all rights and remedies available at law
and in equity to enforce Petitioner's Commit-
ments against Petitioner, its successors and
assigns.
(Ord. No. 2023-33, § 7)
Secs. 122-2098-122-2120. Reserved.
ARTICLE LXXIX. ENBROOK
COMMUNITY DEVELOPMENT DISTRICT
Sec. 122-2121. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 2020-12, § 1)
Sec. 122-2122. Establishment of the
Enbrook Community
Development District.
The Enbrook Community Development District
is hereby established within the boundaries of
the real property described in Exhibit "A" attached
to Ordinance No. 2020-12, and incorporated by
reference herein.
(Ord. No. 2020-12, § 2)
Sec. 122-2123. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. James Ratz 3. Ashley Koza
2. Rebecca Sarver 4. J. Wayne Everett
5. Landon Thomas
(Ord. No. 2020-12, § 3)
Sec. 122-2124. District name.
The community development district herein
established shall henceforth be known as the
"Enbrook Community Development District."
(Ord. No. 2020-12, § 4)
§ 122-2127
Sec. 122-2125. Statutory provisions
governing the district.
The Enbrook Community Development District
shall be governed by the provisions of F.S. ch.
190, and all other applicable general and local
law.
(Ord. No. 2020-12, § 5)
Sec. 122-2126. Consent to special powers.
The Board hereby consents to the exercise by
the Board of Supervisors of the District of the
special powers set forth in F.S. §§ 190.012(2)(a)
and (d), to plan establish, acquire, construct or
reconstruct, enlarge or extend, equip, operate,
and maintain additional systems and facilities
for: (i) parks and facilities for indoor and outdoor
recreational, cultural, and education uses; and
(ii) security, including, but not limited to,
guardhouses, fences and gates, electronic intru-
sion detection systems, and patrol cars, as
authorized by proper governmental agencies,
provided however that the District may not
exercise any police power, but may contract with
the appropriate local general purpose govern-
ment agencies for an increased level of such
services within the District boundaries.
(Ord. No. 2020-12, § 6)
Sec. 122-2127. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the material inducements contained in the
foregoing Recital setting forth Petitioner's Com-
mitments, re -stated as follows: that the Petitioner,
its successors and assigns, shall: (1) elect one
resident of the District to the five member Board
of Supervisors at such time as residents begin
occupying homes in the District; and (2) record a
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all rights and remedies available at law
and in equity to enforce Petitioner's Commit-
ments against Petitioner, its successors and
assigns.
(Ord. No. 2020-12, § 7)
Supp. No. 111 CD122:198.1
§ 122-2128 COLLIER COUNTY CODE
Secs. 122-2128-122-2130. Reserved. Sec. 122-2134. District name.
ARTICLE L)=. WENTWORTH ESTATES
COMMUNITY DEVELOPMENT DISTRICT
Sec. 122-2131. Authority for article.
This article is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing County ordinances.
(Ord. No. 04-37, § 1)
Sec. 122-2132. Establishment of the Went-
worth Estates Community
Development District.
The Wentworth Estates Community Develop-
ment District is hereby established within the
boundaries of the real property described in
exhibit "A"* attached hereto and incorporated by
reference herein.
(Ord. No. 04-37, § 2; Ord. No. 2006-13, § 3)
* Note— Exhibit A is not set out herein, but available as
an attachment to Ord. No. 06-13.
Sec. 122-2133. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the board
of supervisors:
(1) Lydia Kiser
200 S. Orange Avenue #1900
Orlando, FL. 32801
(2) Justin Rowan
200 S. Orange Avenue #1900
Orlando, FL. 32801
(3) Steve Morrison
2158 Johnson Street
Ft. Myers, FL. 33902-1550
(4) Chris Hagan
2158 Johnson Street
Ft. Myers, FL. 33902-1550
(5) David Tricker
200 Vista Lane
Naples, FL. 34119
(Ord. No. 04-37, § 3)
The community development district herein
established shall henceforth be known as the
"Wentworth Estates Community Development
District".
(Ord. No. 04-37, § 4)
Sec. 122-2135. Statutory provisions
governing district.
The provisions of F.S. ch. 190, and all other
applicable general and local law shall govern the
Wentworth Estates Community Development
District.
(Ord. No. 04-37, § 5)
Sec. 122-2136. Consent to special powers.
Upon the effective date of this article, the
Wentworth Estates Community Development
District shall be duly and legally authorized to
exist and exercise all of its general and special
powers as limited by law; and has the right to
seek consent from the Collier County Board of
County Commissioners for the grant of authority
to exercise special powers in accordance with
F.S. § 190.012(2), without question as to the
district's continued right, authority and power to
exercise its limited powers as established by this
article. The district board's authority to exercise
special powers may include the power to plan,
establish, acquire, construct or reconstruct,
enlarge or extend, equip, operate, and maintain
additional systems and facilities for: (i) parks
and facilities for indoor and outdoor recreational,
cultural and educational uses; and (ii) security,
including, but not limited to, guardhouses, fences
and gates, electronic intrusion -detection systems,
and patrol cars, when authorized by proper
governmental agencies; except that the district
may not exercise any police power, but may
contract with the appropriate local general-
purpose government
Supp. No. 111 CD122:198.2
CODE COMPARATIVE TABLE —ORDINANCE DISPOSITION
Ordinance
Section
Number
Subject
Section
this Code
3
62-77
4
62-80.C—F
5
62-82.F
6
62-83
7
62-85.B
8
62-86.E—H
2022-09
Fiddler's Creek Community
1(Exh. B)
122-477
Development District #2
boundaries
2022-10
County Government Productivity
1
2-910(b)
Committee
2022-19
Floodplain management cross
1
62-82.F
references
2
62-83.F
2022-21
Hacienda North Community
1-7
Added
122-1931-122-
Development District
1937
2022-22
Terreno Community Development
1-7
Added
122-1946-122-
District
1952
2022-30
Local option fuel tax effective
1
126-28(d)
date and duration
2022-31
Local option fuel tax
1
126-27(c)—(e)
2022-32
Ninth Cent Fuel Tax
1
126-30
2022-34
Addressing the commission
1
2-37(b)(4)
conduct
2-38
2022-41
Bayshore Beautification MSTU
1
122-2012
boundaries
2022-42
Collier County Mandatory Inspec-
1-6
Added
22-426-22-431
tion of Aging Condominium and
Cooperative Buildings Ordinance
2022-43
Collier County Fair Notice to
1-6
Added
70-1
Tenant Ordinance
2022-48
Rock Road MSTU bondaries
1
122-2202
2022-49
Sabal Palm MSTU-BU boundar-
1
122-1321(a)
ies
2022-50
Brightshore Community Develop-
1-7
Added
122-2181-122-
ment District
2187
2023-01
Collier County Fair Notice to
1
Rpld
70-1
Tenant Ordinance repealed
2023-15
Prohibition of Medical Marijuana
1-6
Added
26-411-26-416
Dispensing Facilities
2023-18
Collier County Health Freedom
1-12
Added
66-151-66-162
Bill of Rights
2023-33
Caymas Community Development
1-7
Added
122-2091-122-
District
2097
2023-37
Publication of legal advertise-
1-4
Added
2-17-2-20
ments and public notices
2023-38
Outdoor burning and use of
1
58-1(e)
incendiary devices during
drought conditions
Added
58-1(f)
2
Rnbd
58-1(f)—(i)
as
58-1(g)—(j)
2023-39
Bill of Rights Sanctuary County
1-5
Added
2-2091-2-2095
Ordinance
Supp. No. 111 CCT:157
SPECIAL DISTRICTS § 122-2146
agencies for an increased level of such services
Sec. 122-2143. Designation of initial board
within the district boundaries; all as authorized
members.
and described by F.S. §§ 190.012(2)(a)-4d).
(Ord. No. 04-37, § 6)
The following five persons are herewith desig-
nated to be the initial members of the board of
Sec. 122-2137. Petitioner's commitments.
supervisors:
1. Mike Rosen
The adoption of this Ordinance is predicated
270 Tradewinds Avenue
upon the material inducements contained in the
Naples, FL. 34108
foregoing Recital setting forth Petitioner's Com-
mitments, re- stated as follows: That the Peti-
Chris
tioner, its successors and assigns, shall: (1) elect
541 Rookery Place
one resident of the District to the five member
Jupiter, FL. 33458
Board of Supervisors at such time as residents
3. Jeff Murray
begin occupying homes in the District; and (2)
2384 Leafshine Lane
record a Notice of Assessments containing the
Naples, FL. 34119
specific terms and conditions of any special as-
4. Al Primevera
sessments imposed to secure bonds issued by the
1009 Nottingham Drive
District, which notice shall be recorded immedi-
Naples, FL. 34109
ately after any such bond issuance. The Board
shall retain any and all rights and remedies
5. Reid Schermer
available at law and in equity to enforce Petitioner's
6052 Towncenter Circle
Commitments against Petitioner, its successors
Naples, FL. 34119
and assigns.
(Ord. No. 04-27, § 3)
(Ord. No. 04-37, § 7)
Sec. 122-2144. District name.
Secs. 122-2138-122-2140. Reserved.
The community development district herein
established shall henceforth be known as the
"Verona Walk Community Development District".
ARTICLE LXXXI. VERONA WALK
(Ord. No. 04-27, § 4)
COMMUNITY DEVELOPMENT DISTRICT
Sec. 122-2145. Statutory provisions govern -
Sec. 122-2141. Authority for article.
ing the district.
This article is adopted pursuant to F.S.
The Verona Walk Community Development
§ 190.005(2), and other applicable provisions of
District shall be governed by the provisions of F.S.
law governing County ordinances.
ch. 190, and all other applicable general and local
(Ord. No. 04-27, § 1)
law.
(Ord. No. 04-27, § 5)
Sec. 122-2142. Establishment of the Verona
Walk Community Develop-
Sec. 122-2146. Consent to special powers.
ment District.
Upon the effective date of this article, the
The Verona Walk Community Development
Verona Walk Community Development District
District is hereby established within the bound-
will be duly and legally authorized to exist and
aries of the real property described in exhibit "A"*
exercise all of its general and special powers as
attached hereto and incorporated by reference
limited by law; and has the right to seek consent
herein.
from the Collier County Board of County Commis -
(Ord. No. 04-27, § 2)
sioners for the grant of authority to exercise
* Note— Exhibit A is not set out herein, but available as
special powers in accordance with F.S. § 190.012(2),
an attachment to Ord. No. 04-27.
without question as to the district's continued
Supp. No. 26 CD122:199
§ 122-2146 COLLIER COUNTY CODE
right, authority and power to exercise its limited
powers as established by this article. The district
board's authority to exercise special powers may
include the power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and
facilities for: (i) parks and facilities for indoor and
outdoor recreational, cultural and educational
uses; and (ii) security, including, but not limited
to, guardhouses, fences and gates, electronic in-
trusion -detection systems, and patrol cars, when
authorized by proper governmental agencies; ex-
cept that the district may not exercise any police
power, but may contract with the appropriate
local general-purpose government agencies for an
increased level of such services within the district
boundaries; all as authorized and described by
F.S. § 190.012(2).
(Ord. No. 04-27, § 6)
Secs. 122-2147-122-2150. Reserved.
ARTICLE LXMI. QUARRY COMMUNITY
DEVELOPMENT DISTRICT
Sec. 122-2151. Authority for article.
This article is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing County ordinances.
(Ord. No. 04-53, § 1)
Sec. 122-2152. Establishment of the Quarry
Community Development Dis-
trict.
The Quarry Community Development District
is hereby established within the boundaries of the
real property described in Exhibit "A"* attached
hereto and incorporated by reference herein.
(Ord. No. 04-53, § 2)
* Note— Exhibit A is not set out herein, but available as
an attachment to Ord. No. 04-53.
Sec. 122-2153. Designation of initial board
members.
The following five persons are herewith desig-
nated to be the initial members of the board of
supervisors:
1. Tom Wegwert, Chair
4367 Mourning Dove Drive
Naples, FL 34119
John T. Landress
15101 Iona Lakes Drive
Ft. Myers, FL 33908
3. Jeff Riopelle
21694 Sungate Ct.
Estero, FL 33928
4. Douglas S. Cohen
12600 Walden Run Drive
Ft. Myers, FL 33913
5. Mike S. McLeod
728 Old Trail Drive
Naples, FL 34103
(Ord. No. 04-53, § 3)
Sec. 122-2154. District name.
The community development district herein
established shall henceforth be known as the
"The Quarry Community Development District".
(Ord. No. 04-53, § 4)
Sec. 122-2155. Statutory provisions govern-
ing the district.
The Quarry Community Development District
shall be governed by the provisions of F.S. ch. 190,
and all other applicable general and local law.
(Ord. No. 04-53, § 5)
Sec. 122-2156. Consent to special powers.
Upon the effective date of this article, the
Quarry Community Development District will be
duly and legally authorized to exist and exercise
all of its general and special powers as limited by
law; and has the right to seek consent from the
Collier County Board of County Commissioners
for the grant of authority to exercise special
powers in accordance with F.S. § 190.012(2), with-
out question as to the district's continued right,
authority and power to exercise its limited powers
as established by this article. The district board's
authority to exercise special powers may include
the power to plan, establish, acquire, construct or
reconstruct, enlarge or extend, equip, operate,
and maintain additional systems and facilities
for: (i) Parks and facilities for indoor and outdoor
recreational, cultural and educational uses; and
(ii) security, including, but not limited to, guard-
houses, fences and gates, electronic intrusion-
1
1000�
Supp. No. 26 CD122:200
SPECIAL DISTRICTS § 122-2166
detection systems, and patrol cars, when
authorized by proper governmental agencies;
except that the district may not exercise any
police power, but may contract with the appropri-
ate local general-purpose government agencies
for an increased level of such services within the
district boundaries; all as authorized and described
by F.S. § 190.012(2).
(Ord. No. 04-53, § 6)
Secs. 122-2157-122-2160. Reserved.
ARTICLE LXMII. HERITAGE BAY
COMMUNITY DEVELOPMENT DISTRICT
Sec. 122-2161. Authority for article.
This article is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing County ordinances.
(Ord. No. 2005-24, § 1)
Sec. 122-2162. Establishment of the
Heritage Bay Community
Development District.
The Heritage Bay Community Development
District is hereby established within the boundar-
ies of the real property described in Exhibit "A"*
attached hereto and incorporated by reference
herein.
(Ord. No. 2005-24, § 2)
*Note— Exhibit A is not set out herein, but available as
an attachment to Ord. No. 2005-24.
Sec. 122-2163. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the board
of supervisors:
(1) Jeffry Marculaitis
541 SE 1st Terrace
Cape Coral, FL 33990
(2) Frank L. Reynolds
611 SW 52nd Street
Cape Coral, FL 33914
(3) Samuel W. Marshall, P.E.
4413 E. Riverside Drive
Fort Myers, FL 33905
(4) Ronnie S. Searcy
P.O. Box 354
Labelle, FL 33935
(5) Russell R. Smith
5327 Summerlin Road #12
Fort Myers, FL 33919
(Ord. No. 2005-24, § 3)
Sec. 122-2164. District name.
The community development district herein
established shall henceforth be known as the
"Heritage Bay Community Development District".
(Ord. No. 2005-24, § 4)
Sec. 122-2165. Statutory provisions
governing the district.
The Heritage Bay Community Development
District shall be governed by the provisions of
F.S. ch. 190, and all other applicable general and
local law.
(Ord. No. 2005-24, § 5)
Sec. 122-2166. Consent to special powers.
Upon the effective date of this article, the
Heritage Bay Community Development District
will be duly and legally authorized to exist and
exercise all of its general powers as limited by
law; and has the right to seek consent from the
Collier County Board of County Commissioners
for the grant of authority to exercise special
powers in accordance with F.S. § 190.012(2),
without question as to the district's continued
right, authority and power to exercise its general
powers as established by this article. The district
board's authority to exercise special powers may
include the power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and
facilities for: (i) parks and facilities for indoor
and outdoor recreational, cultural and educational
uses; and (ii) security, including, but not limited
to, guardhouses, fences and gates, electronic
intrusion -detection systems, and patrol cars, when
authorized by proper governmental agencies;
except that the district may not exercise any
police power, but may contract with the appropri-
ate local general-purpose government agencies
Supp. No. 89 CD122:201
§ 122-2166
COLLIER COUNTY CODE
for an increased level of such services within the
district boundaries; all as authorized and described
by F.S. § 190.012(2).
(Ord. No. 2005-24, § 6)
Secs. 122-2167-122-2170. Reserved
ARTICLE LXXXIV. WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
Sec. 122-2171. Authority for ordinance.
This Ordinance is adopted pursuant to Sec-
tion 190.005(2), Florida Statutes, and other
applicable provisions of law governing county
ordinances.
(Ord. No. 2015-48, § 1)
Sec. 122-2172. Establishment of the Wind-
ing Cypress Community
Development District.
The Winding Cypress Community Develop-
ment District is hereby established within the
boundaries of the real property described in
Exhibit "A" attached hereto and incorporated by
reference herein.
(Ord. No. 2015-48, § 2)
Sec. 122-2173. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. David Genson 3. Michael Hueniken
2. Laura Ray 4. Patrick Butler
5. Scott Brooks
(Ord. No. 2015-48, § 3)
Sec. 122-2174. District name.
The community development district herein
established shall henceforth be known as the
"Winding Cypress Community Development
District."
(Ord. No. 2015-48, § 4)
Sec. 122-2175. Statutory provisions
governing the district.
The Winding Cypress Community Develop-
ment District shall be governed by the provisions
of Chapter 190, Florida Statutes, and all other
applicable general and local law.
(Ord. No. 2015-48, § 5)
Sec. 122-2176. Consent to special powers.
The Board hereby consents to the exercise by
the Board of Supervisors of the District of the
special powers set forth in Sections 190.012(2)(a)
and (d), Florida Statutes, to plan establish,
acquire, construct or reconstruct, enlarge or
extend, equip, operate, and maintain additional
systems and facilities for: (i) parks and facilities
for indoor and outdoor recreational, cultural,
and education uses; and (ii) security, including,
but not limited to, guardhouses, fences and
gates, electronic intrusion detection systems,
and patrol cars, as authorized by proper
governmental agencies, provided however that
the District may not exercise any police power,
but may contract with the appropriate local
general purpose government agencies for an
increased level of such services within the District
boundaries.
(Ord. No. 2015-48, § 6)
Sec. 122-2177. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the material inducements contained in the
foregoing Recital setting forth Petitioner's Com-
mitments, re -stated as follows: that the Petitioner,
its successors and assigns, shall: (1) elect one
resident of the District to the five member Board
of Supervisors at such time as residents begin
occupying homes in the District; and (2) record a
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all rights and remedies available at law
and in equity to enforce Petitioner's Commit-
ments against Petitioner, its successors and
assigns.
(Ord. No. 2015-48, § 7)
-� Supp. No. 89 CD122:202
SPECIAL DISTRICTS
Secs. 122-2178-122-2180. Reserved.
ARTICLE LXXXV. RESERVED*
Secs. 122-2181-122-2189. Reserved.
ARTICLE LXXXVI. FRONTERRA
COMMUNITY DEVELOPMENT DISTRICTt
Sec. 122-2190. Authority for ordinance.
This Ordinance is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 2016-28, § 1)
Sec. 122-2191. Establishment of the Fron-
terra Community Develop-
ment District.
The Fronterra Community Development
District is hereby established within the boundar-
ies of the real property described in Exhibit "A"
attached hereto and incorporated by reference
herein.
(Ord. No. 2016-28, § 2)
Sec. 122-2192. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. David Genson
2. Brian Goguen
2600 Golden Gate
2600 Golden Gate
Parkway
Parkway
Naples, FL 34105
Naples, FL 34105
3. Hal Eisenacher
4. Diana Ibarria
135 San Lorenzo
135 San Lorenzo
Avenue, Suite 740
Avenue, Suite 740
Coral Gables, FL
Coral Gables, FL
33146
34146
*Editor's note —Ord. No. 2015-04, § 3(Exh. A), adopted
Jan. 27, 2015, provided for the dissolution of the 'Parklands
Collier Community Development District" therefore deleting
art. LXXXV, §§ 122-2181-122-2187, which derived from
Ord. No. 2006-24, §§ 1-7.
tEditor's note —Prior to the inclusion of Ord. 2016-28
presently codified in this article, Ord. No. 09-47, §§ 1-6,
adopted Sept. 15, 2009, deleted Art. LXXXVI, §§ 122-2190-
122-2196, entitled Artesia Naples Community Development
District which derived from Ord. No. 2006-33, § 1.
5. Mike Levak
135 San Lorenzo
Avenue, Suite 740
Coral Gables, FL
33146
(Ord. No. 2016-28, § 3)
Sec. 122-2193. District name.
§ 122-2195
The community development district herein
established shall henceforth be known as the
"Fronterra Community Development District."
(Ord. No. 2016-28, § 4)
Sec. 122-2194. Statutory provisions
governing the district.
The Fronterra Community Development
District shall be governed by the provisions of
F.S. ch. 190, and all other applicable general and
local laws.
(Ord. No. 2016-28, § 5)
Sec. 122-2195. Consent to special powers.
Upon the effective date of this Ordinance, the
Fronterra Community Development District will
be duly and legally authorized to exist and
exercise all of its powers as set forth in F.S.
§ 190.012(1), and as otherwise provided by law.
The Board hereby consents to the exercise by the
Board of Supervisors of the District of the special
powers set forth in F.S. §§ 190.012(2)(a) and (d),
to plan, establish, acquire, construct or
reconstruct, enlarge or extend, equip, operate,
and maintain additional systems and facilities
for: (1) Parks and facilities for indoor and outdoor
recreational, cultural, and educational uses, and
(2) Security, including, but not limited to,
guardhouses, fences and gates, electronic intru-
sion -detection systems, and patrol cars, when
authorized by proper governmental agencies;
except that the district may not exercise any
police power, but may contract with the appropri-
ate local general-purpose government agencies
for an increased level of such services within the
district boundaries.
(Ord. No. 2016-28, § 6)
Supp. No. 94 CD122:203
122-2196
COLLIER COUNTY CODE
Sec. 122-2196. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the material inducements contained in the
foregoing recitals setting forth Petitioner's Com-
mitments, re -stated as follows: (1) elect one
resident of the District to the five member Board
of Supervisors at such time as residents begin
occupying homes in the District, and (2) record a
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all rights and remedies available at law
and in equity to enforce Petitioner's Commit-
ments against Petitioner, its successors and
assigns.
(Ord. No. 2016-28, § 7)
Secs. 122-2197-122-2200. Reserved.
ARTICLE LXXXVII. ROCK ROAD
IMPROVEMENT MUNICIPAL SERVICE
TAXING UNIT
Sec. 122-2201. Authority.
This Article is adopted pursuant to the provi-
sions of F.S. § 125.01 and F.S. ch. 200, and other
applicable provisions of Law.
(Ord. No. 2006-56, § 1)
Sec. 122-2202. Creation of the municipal
service taxing unit.
There is hereby created and established the
Rock Road Improvement Municipal Service Taxing
Unit hereinafter referred to as the "MSTU". The
properties within the municipal service taxing
unit and its boundaries are as described on the
attached composite Exhibit "A-2," which is
incorporated by reference.
(Ord. No. 2006-56, § 2; Ord. No. 2011-22, § 1;
Ord. No. 2020-49, § 1)
*Note —Exhibit A-2 is not set out herein, but available as
an attachment to Ord. No. 2020-49.
Sec. 122-2203. Purpose and governing
body.
The MSTU is created for the purpose of
providing and maintaining roadway improve-
ments, which may include attendant facilities,
such as drainage, sidewalks and street lighting.
The governing body of the MSTU shall be the
Board of County Commissioners of Collier County,
Florida.
(Ord. No. 2006-56, § 3)
Sec. 122-2204. Funding and levy of taxes.
For the purpose of implementing this article,
the Board of County Commissioners shall annu-
ally, 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. 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 of County Commissioners shall fix and
cause to be levied on all properties within the
MSTU, subject to taxation, a millage rate not to
exceed three mils per year.
(Ord. No. 2006-56, § 4)
Sec. 122-2205. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed
and collected in the same manner and form as
provided for the assessment and collection of
general County taxes and subject to the same
fees for assessing and collecting as general County
taxes.
(Ord. No. 2006-56, § 5)
Sec. 122-2206. Duties of the County
Manager or his designee.
The duties of the County Manager or his
designee shall be:
(1) To aid and assist the Board of County
Commissioners in carrying out the
purposes of the MSTU in accordance
with established practices and policies of
the Board of County Commissioners and
as set forth in this article.
(2) To prepare and recommend to the Board
of County Commissioners an itemized
Supp. No. 94 CD122:204
Sec. 122-2196. Petitioner's commitments.
The adoption of this Ordinance is predicated
upon the material inducements contained in the
foregoing recitals setting forth Petitioner's Com-
mitments, re-stated as follows: (1) elect one
resident of the District to the five member Board
of Supervisors at such time as residents begin
occupying homes in the District, and (2) record a
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all rights and remedies available at law
and in equity to enforce Petitioner's Commit-
ments against Petitioner, its successors and
assigns.
(Ord. No. 2016-28, § 7)
Secs. 122-2197—122-2200. Reserved.
ARTICLE LXXXVII. ROCK ROAD
IMPROVEMENT MUNICIPAL SERVICE
TAXING UNIT*
Sec. 122-2201. Creation of the Rock Road
Improvement Municipal
Service Taxing Unit
Advisory Committee,
Appointment and Composi-
tion.
A. There is hereby created and established
the Rock Road Improvement Municipal Service
Taxing Unit Advisory Committee, hereinafter
referred to as "Committee."
B. The Committee shall consist of five (5)
members which generally represent the area
within the MSTU. Members of the Committee
shall be appointed by and serve at the pleasure
of the Board of County Commissioners. Three
members shall be permanent residents within
the MSTU and electors of Collier County. Two
members may be owners of residential or com-
mercial property within the MSTU or an appointed
representative of a business located within the
MSTU and an elector of Collier County. An
owner of residential or commercial property may
be an individual, an officer of a corporation, or a
partner of a partnership. The Board of County
Commissioners shall consider appointment of
members from different parcels, subdivisions
and/or the communities within the MSTU.
C. Appointment of the members to the Com-
mittee shall be by resolution of the Board of
County Commissioners, which resolution shall
set forth the date of the appointment and the
term of office.
D. Members of the Committee shall serve
without compensation.
(Ord. No. 2024-03, § 1)
Sec. 122-2202. Terms of Office of the Com-
mittee.
The initial terms of office of the Committee
shall be as follows:
A. Two (2) members shall be appointed for a
term of two (2) years.
B. Three (3) members shall be appointed for
a term of three (3) years.
Thereafter, each appointment or reappoint-
ment shall be for a term of three (3) years.
Appointments to fill any vacancies on the Com-
mittee shall be for the remainder of the unexpired
term of office.
(Ord. No. 2024-03, § 2)
Sec. 122-2203. Officers of the Committee,
Quorum and Rules of
Procedure.
A. At its earliest opportunity, the member-
ship of the Committee shall elect a chairman and
vice chairman from among its members. Officers'
terms shall be for one (1) year, with eligibility for
re-election.
B. The presence of three (3) or more members
shall constitute a quorum of the Committee
necessary to take action and transact business.
*Editor’s note—Ord. No. 2024-03, §§ 1—4, adopted Jan.
23, 2024, amended Art. LXXXVII in its entirety to read as
herein set out. Former Art. LXXXVII, §§ 122-2201—122-
2206, pertained to similar subject matter, and derived from:
Ord. No. 2006-56, §§ 1—6; Ord. No. 2011-22, § 1; Ord. No.
2020-49, § 1; and Ord. No. 2022-48, § 1.
§ 122-2203SPECIAL DISTRICTS
CD122:205Supp. No. 114
C. The Committee shall, by majority vote of
the entire membership, adopt rules of procedure
for the transaction of business and shall keep a
written record of the meetings, resolutions, reports
and exhibits, findings and determinations. Copies
of all Committee minutes, resolutions, reports,
and exhibits shall be submitted to the Board of
County Commissioners.
D. Committee members attendance require-
ments, including failure to attend meetings and
member removal from office are governed by
Ordinance No. 2001-55, as it may be amended or
by its successor ordinance.
(Ord. No. 2024-03, § 3)
Sec. 122-2204. Functions, Powers and
Duties of the Committee.
The functions, powers and duties of the Com-
mittee shall be as follows:
A. To aid and assist the Board of County
Commissioners in carrying out the MSTU
as set forth in this Ordinance.
B. To prepare and recommend to the Board
of County Commissioners an itemized
budget of the amount of money required
to carry out the business of the MSTU for
the next fiscal year. In carrying out this
responsibility, the Committee shall, no
later than April 1st of each year, meet
with the County Manager or his designee
and outline to the County Manager or his
designees those projects which the Com-
mittee wishes to see accomplished during
the next fiscal year. Based upon this
information, the County Manager or his
designee shall prepare a proposed budget
for the MSTU. in accordance with
standard County guidelines regarding
preparation of budgets. This proposed
budget shall then be reviewed by the
Committee and upon approval by the
Committee be transmitted through the
County Manager or his designee to the
Board of County Commissioners for adop-
tion in accordance with the procedures
for the adoption of budgets set forth
under general law and the Board of
County Commissioners' policy. Should
the Committee fail to approve the budget
by June 1st of each year, the County
Manager or his designee shall be
authorized to submit a proposed budget
to the Board of County Commissioners.
C. The Committee shall recommend work
programs and priorities to the County
Manager or his designee in accordance
with the adopted budget or budget amend-
ment which may be adopted by the Board
of County Commissioners. The execution
of work programs shall be under the
direct supervision and responsibility of
the County Manager or his designee.
Work may be performed under contract
(in accordance with law) or by County
staff.
D. The Committee may adopt and amend
"Guidelines" to govern its operation and
the operation of the MSTU, subject to
approval by the Board of County Com-
missioners.
(Ord. No. 2024-03, § 4)
Secs. 122-2205—122-2210. Reserved.
ARTICLE LXXXVIII. HALDEMAN CREEK
MAINTENANCE DREDGING MUNICIPAL
SERVICE TAXING UNIT
Sec. 122-2211. Authority.
This Article is adopted pursuant to the provi-
sions of F.S. § 125.01 and F.S. ch. 200, and other
applicable law.
(Ord. No. 2006-60, § 1)
Sec. 122-2212. Creation of the municipal
service taxing unit.
There is hereby created and established the
Haldeman Creek Dredging Municipal Service
Taxing Unit, hereinafter referred to as "MSTU."
The boundaries of the MSTU are as follows: See
attached Exhibit "A" which is incorporated herein
by reference.
(Ord. No. 2006-60, § 1; Ord. No. 08-33, § 1; Ord.
No. 2018-04, § 1; Ord. No. 2021-37, § 1)
*Note—Exhibit A is not set out herein, but available as
an attachment to Ord. No. 2006-60, as amended by Ord. No.
2021-37.
§ 122-2203 COLLIER COUNTY CODE
CD122:206Supp. No. 114
Sec. 122-2213. Purpose and governing
body.
The MSTU is created for the purpose of
providing maintenance dredging within the MSTU
as determined by the advisory committee.
The maintenance tasks shall include but not
be limited to:
(1) Maintenance dredging;
(2) Maintenance of navigational channel
markers;
The governing body of the MSTU shall be the
Board of County Commissioners of Collier County,
Florida.
(Ord. No. 2006-60, § 3)
Sec. 122-2214. Funding and levy of taxes.
For the purpose of implementing this article,
the Board of County Commissioners shall annu-
ally, 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. 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 three mils per year.
(Ord. No. 2006-60, § 4)
Sec. 122-2215. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed
and collected in the same manner and form as
provided for the assessment and collection of
general County taxes and subject to the same
fees for assessing and collecting as general County
taxes.
(Ord. No. 2006-60, § 5)
Sec. 122-2216. Creation of the Haldeman
Creek Dredging
Maintenance Advisory
Committee, appointment
and composition.
(a) There is hereby created and established
the Haldeman Creek Dredging Maintenance
Advisory Committee, hereinafter referred to as
the "committee".
(b) The committee shall consist of five members
which generally represent the area within the
MSTU. Members of the committee shall be
appointed by and serve at the pleasure of the
Board of County Commissioners. Said members
shall be permanent residents within the MSTU
and electors of Collier County. The Board of
County Commissioners shall consider appoint-
ment of members from different parcels, subdivi-
sions and/or the communities within the MSTU.
(c) Appointment of the members to the com-
mittee shall be by resolution of the Board of
County Commissioners, which resolution shall
set forth the date of appointment and the term of
office.
(d) Members of the committee shall serve
without compensation but shall be entitled to
receive reimbursement for expenses reasonably
incurred in the performance of their duties upon
prior approval of the Board of County Commis-
sioners.
(Ord. No. 2006-60, § 6)
Sec. 122-2217. Terms of office of the
advisory committee.
The initial terms of office of the committee
shall be as follows:
(1) Two members shall be appointed for a
term of two years.
(2) Two members shall be appointed for a
term of three years.
(3) One member shall be appointed for a
term of four years.
Thereafter each appointment or reappoint-
ment shall be for a term of four years. Appoint-
§ 122-2217SPECIAL DISTRICTS
CD122:207Supp. No. 114
ments to fill any vacancies on the committee
shall be for the remainder of the unexpired term
of office.
(Ord. No. 2006-60, § 7)
Sec. 122-2218. Officers of the advisory
committee, quorum and
rules of procedure.
(a) At its earliest opportunity, the member-
ship of the committee shall elect a chairman and
vice-chairman from among its members. Officer's
terms shall be for one year, with eligibility for
re-election.
(b) The presence of three or more members
shall constitute a quorum of the committee
necessary to take action and transact business.
(c) The committee shall, by majority vote of
the entire membership, adopt rules of procedure
for the transaction of business and shall keep a
written record of the meetings, resolutions, reports
and exhibits, findings and determinations. Copies
of all committee minutes, resolutions, reports
and exhibits shall be submitted to the Board of
County Commissioners.
(d) Committee member attendance require-
ments, including failure to attend meetings and
member removal from office are governed by
Ordinance No. 2001-55, as it may be amended,
or by its successor ordinance.
(Ord. No. 2006-60, § 8)
Sec. 122-2219. Functions, powers and
duties of the advisory com-
mittee.
The functions, powers and duties of the com-
mittee shall be as follows:
(1) To aid and assist the Board of County
Commissioners in carrying out the MSTU
as set forth in this article.
(2) To prepare and recommend to the Board
of County Commissioners an itemized
budget of the amount of money required
to carry out the business of the MSTU for
the next fiscal year. In carrying out this
responsibility, the committee shall, no
later than April 1st of each year, meet
with the County Manager or his designee
and outline to the County Manager or his
designee those projects which the com-
mittee wishes to see accomplished during
the next fiscal year. Based upon this
information, the county manager or his
designee shall prepare a proposed budget
for the MSTU, in accordance with standard
county guidelines regarding preparation
of budgets. This proposed budget shall
then be reviewed by the committee and
upon approval by the committee be
transmitted through the County Manager
or his designee to the Board of County
Commissioners for adoption in accordance
with procedures for the adoption of
budgets set forth under general law and
the Board of County Commissioners'
policy. Should the committee fail to
approve the budget by June 1st of each
year, the County Manager or his designee
shall be authorized to submit a proposed
budget to the Board of County Commis-
sioners.
(3) The committee shall recommend work
programs and priorities to the County
Manager or his designee in accordance
with the adopted budget or budget amend-
ments which may be adopted by the
Board of County Commissioners. The
execution of work programs shall be under
the direct supervision and responsibility
of the County Manager or his designee.
Said work may be performed under
contract (in accordance with law) or by
County forces.
(4) The committee may adopt and amend
"guidelines" to govern its operation and
the operation of the MSTU, subject to
approval by the Board of County Com-
missioners.
(Ord. No. 2006-60, § 9)
Sec. 122-2220. Duties of the County
Manager or his designee.
The duties of the County Manager or his
designee shall be:
(1) To administer the activities of the MSTU
in accordance with established policies of
the Board of County Commissioners and
guidelines adopted by the committee.
§ 122-2217 COLLIER COUNTY CODE
CD122:208Supp. No. 114
(2) To prepare the annual budget in
accordance with Subsection 122-2219(2).
(3) To provide periodic written reports to the
committee, and the Board of County Com-
missioners of the activities of the MSTU
and its finances in accordance with
established guidelines of the Board of
County Commissioners and/or the com-
mittee.
(4) Attend all committee meetings.
(Ord. No. 2006-60, § 10)
Sec. 122-2221. Review process.
This advisory committee shall be reviewed
once every four years commencing 2006, in
accordance with the procedures contained in
Collier County Ordinance No. 2001-55, as it may
be amended, or its successor ordinances.
(Ord. No. 2006-60, § 11)
Secs. 122-2222—122-2250. Reserved.
ARTICLE LXXXIX. THE PALM RIVER
SIDEWALK MUNICIPAL SERVICE
TAXING UNIT
Sec. 122-2251. Authority.
This article is adopted pursuant to the provi-
sions of F.S. § 125.01, and other applicable
provisions of law.
(Ord. No. 2021-07, § 1)
Sec. 122-2252. Creation of the Municipal
Service Taxing Unit.
There is hereby created and established the
Palm River Sidewalk Municipal Service Taxing
Unit, hereinafter referred to as the "MSTU." The
property subject to the MSTU shall be all proper-
ties within the boundaries as described on the
attached Exhibit "A."
(Ord. No. 2021-07, § 2)
Editor’s note—Exhibit A is attached hereto by reference.
Copies can be found in the offices of the county's clerk.
Sec. 122-2253. Purpose and governing
body.
The MSTU is created for the installation of
sidewalks within Palm River Estates for com-
munity-wide use, including adjacent contiguous
neighborhoods within the MSTU boundaries.
The governing body of the MSTU shall be the
Board of County Commissioners of Collier County,
Florida.
(Ord. No. 2021-07, § 3)
Sec. 122-2254. Funding and levy of taxes.
For the purpose of implementing this article,
the Board of County Commissioners shall annu-
ally, 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 the following
September 30. The estimate shall describe the
purpose for which the monies 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 of County Commissioners
shall fix and cause to be levied a millage rate not
to exceed one-half () mil on all properties
subject to taxation within the MSTU.
(Ord. No. 2021-07, § 4)
Sec. 122-2255. Tax assessment and collec-
tion.
Taxes herein provided for shall be assessed
and collected in the same manner and form as
provided for the assessment and collection of
general County taxes and subject to the same
fees for assessing and collecting as general County
taxes.
(Ord. No. 2021-07, § 5)
Sec. 122-2256. Duties of the county
manager or designee.
The duties of the County Manager or designee
are as follows:
(a) To carry out the purposes of the MSTU in
accordance with established practices and
§ 122-2256SPECIAL DISTRICTS
CD122:209Supp. No. 114
policies of the Board of County Commis-
sioners and as set forth in this article;
and
(b) To prepare and recommend an itemized
annual budget of the amount of money
required to carry out the business of the
MSTU for the next fiscal year in
accordance with this article.
(Ord. No. 2021-07, § 6)
Sec. 122-2257. Conflict and severability.
In the event this article 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 this article 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.
(Ord. No. 2021-07, § 7)
Secs. 122-2258—122-2270. Reserved.
ARTICLE XC. HYDE PARK COMMUNITY
DEVELOPMENT DISTRICT 1
Sec. 122-2271. Authority.
This article is adopted pursuant to F.S.
§ 190.005(2), and other applicable provisions of
law governing county ordinances.
(Ord. No. 2021-11, § 1)
Sec. 122-2272. Establishment of the Hyde
Park Community Develop-
ment District 1.
The Hyde Park Community Development
District 1 is hereby established within the
boundaries of the real property described in
Exhibit "A" attached hereto and incorporated by
reference herein.
(Ord. No. 2021-11, § 2; Ord. No. 2021-44, § 2;
Ord. No. 2024-004, § 2)
Editor’s note—Exhibit A is not set out herein, but
available as an attachment to Ord. No. 2021-11, as amended
by 2021-44. Copies can be found in the offices of the county's
clerk.
Sec. 122-2273. Designation of initial board
members.
The following five persons are herewith
designated to be the initial members of the
Board of Supervisors:
1. Jason DeBello
2. Ben Gibbs
3. Steve Wojcechowskyj
4. Rob Woods
5. Dan Ciesielski
Address for each:
5800 Lakewood Ranch Blvd.
Sarasota, FL 34240
(Ord. No. 2021-11, § 3)
Sec. 122-2274. District name.
The community development district herein
established shall henceforth be known as the
"Hyde Park Community Development District
1."
(Ord. No. 2021-11, § 4)
Sec. 122-2275. Statutory provisions
governing the district.
The Hyde Park Community Development
District 1 shall be governed by the provisions of
F.S. ch. 190, and all other applicable general and
local law.
(Ord. No. 2021-11, § 5)
Sec. 122-2276. Consent to special powers.
Upon the effective date of this article, the
Hyde Park Community Development District 1
will be duly and legally authorized to exist and
exercise all of its powers as set forth in F.S.
§ 190.012(1), and as otherwise provided by law.
Further, the Board hereby consents to the exercise
by the Board of Supervisors of the District of the
special powers set forth in F.S. §§ 190.012(2)(a)
and (2)(d), to plan, establish, acquire, construct
or reconstruct, enlarge or extend, equip, operate,
and maintain additional systems and facilities
for: (i) parks and facilities for indoor and outdoor
recreational, cultural, and educational uses; and
(ii) security, including, but not limited to,
guardhouses, fences and gates, electronic intru-
§ 122-2256 COLLIER COUNTY CODE
CD122:210Supp. No. 114
sion-detection systems, and patrol cars, when
authorized by proper governmental agencies;
provided, however that the District may not
exercise any police power, but may contract with
the appropriate local general-purpose govern-
ment agencies for an increased level of such
services within the District boundaries.
(Ord. No. 2021-11, § 6)
Sec. 122-2277. Petitioner's commitments.
The adoption of this article is predicated upon
the material inducements contained in the forego-
ing Recital setting forth Petitioner's Commit-
ments, re-stated as follows: that the Petitioner,
its successors and assigns, shall: (1) elect one
resident of the District to the five member Board
of Supervisors at such time as residents begin
occupying homes in the District, and (2) record a
Notice of Assessments containing the specific
terms and conditions of any special assessments
imposed to secure bonds issued by the District,
which notice shall be recorded immediately after
any such bond issuance. The Board shall retain
any and all rights and remedies available at law
and in equity to enforce Petitioner's Commit-
ments against Petitioner, its successors and
assigns.
(Ord. No. 2021-11, § 7)
§ 122-2277SPECIAL DISTRICTS
CD122:211Supp. No. 114
Chapters 123-125
RESERVED
CD 123:1