Ordinance 2021-47 ORDINANCE NO. 2021- 47
AN ORDINANCE CREATING THE 42ND AVENUE SE
MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE
AUTHORITY FOR THE CREATION; PROVIDING A
PURPOSE AND GOVERNING BODY; PROVIDING
FUNDING AND THE LEVY OF NOT TO EXCEED 1.0 MILS
OF AD VALOREM TAXES FOR THE FIRST TWO YEARS
AND NO MORE THAN 5.0 MILS OF AD VALOREM TAXES
PER YEAR THEREAFTER; PROVIDING FOR THE
COLLECTION OF TAXES; PROVIDING FOR DUTIES OF
THE COUNTY MANAGER OR HIS DESIGNEE;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, based on concerns raised by Fire Chief Nolan Sapp of the Greater Naples
Fire Rescue District, it has become apparent that upon recent assessment of the road condition of
a privately-owned roadway located in the Golden Gate Estates area, that portions of 42"d Avenue
SE have been deemed impassable for fire rescue apparatus during emergency conditions; and
WHEREAS, having 42"d Avenue SE impassable to emergency vehicles endangers not
only the residents along 42nd Avenue SE, but also neighboring residents of Collier County,
especially should there be a wildfire event; and
WHEREAS, since the adoption of the State Emergency Management Act in 1974, the
Florida Legislature has expressly declared that "safeguarding the life and property of its citizens
is an innate responsibility of the governing body of each political subdivision of the state."
Pursuant to this declaration, counties are specifically empowered to serve the emergency
management function for both their incorporated and unincorporated areas; and
WHEREAS,on September 24,2013, the Board of County Commissioners (Board) passed
Resolution No. 2013-221 to establish procedures to make emergency repairs to private roads
impassable to emergency vehicles, and on December 8, 2015 the Board passed Resolution No.
2015-244 further refining said procedures; and
WHEREAS,on July 13, 2021,using the procedure established in Resolution 2013-221,as
amended, the Board directed the County Manager to make emergency repairs and bring back an
Ordinance to establish an MSBU/TU for the recovery of funds expended to make the repairs and
an MSTU for the purposes of making future emergency repairs to 42nd Avenue SE;and
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WHEREAS,42nd Avenue SE emergency repairs were completed on August 20, 2021,
at a cost of$72,231.00; and
WHEREAS, it is recommended that a 42nd Avenue SE Municipal Service Taxing Unit
(MSTU) is created for the purpose of levying assessments and repaying the County for the
repairs made to the road.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Authority
This Ordinance is adopted pursuant to the provisions of Section 125.01, and Chapter
200, Florida Statutes, and other applicable provisions of Law.
SECTION TWO: 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 attached composite Exhibit "A" and
Exhibit "B" that is incorporated by reference.
SECTION THREE: 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.
SECTION FOURS 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 30`h 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
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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 1.0 mils for the
first two years and no more than 5.0 mils per year thereafter.
SECTION FIVE: Tax Assessment and Collection
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.
,SECTION SIX: 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 guidance
provided of the Board of County Commissioners.
SECTION SEVEN: Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any court of competent jurisdiction
holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall
be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
SECTION EIGHT: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered
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or re-lettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION NINE: Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this LiNay of Oa e yh,{a,or , 2021.
ATTEST: , n.?4ty •.,,.. . BOARD OF COUNTY COMMISSIONERS
CRYSTA�'�'I :.kfl'? i,L, Clerk COLLIER COUNTY FLORIDA
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By: By:
Deput C Penn aylor, Chai
Attest as to C airo*s
signature only.
Appro d ,s • irm and le. alit :
WIN ft_
Jeffrey ; 1 i zkow, County Attorney
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This ordinance filed with the
Secretory of Stote`s Off;e the
ild"` dory of ,6r"_bt_x.; Z4—
and acknowledgement /
filing received hi
of A'1L" "' LOII
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Exhibit A
42°d Avenue SE MUNCIPAL SERVICES TAXING UNIT
GEOGRAPHIC BOUNDARIES
The boundaries of the 42'd Avenue SE Municipal Services Taxing Unit (MSTU) shall comprise
all the land located in Collier County, Florida and specifically parcels describes as:
Golden Gate Estates,Unit 92-A as recorded in Plat book 5 Page 31 of the Public Records of Collier
County, Florida, Lots 113, 116, 117, 120, 121, 124, 125, 128, 129, 132, 133, 136, 137, 140, 141;
and
Golden Gate Estates Unit 93-A as recorded in Plat Book 5 Page 32 of the Public Records of Collier
County,Florida, Lots 141, 142, 143, 144, 145, 146.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 17, 2021
Ms. Martha S. Vergara, Board Minutes & Records Dept.
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-47, which was filed in this office on December 16,
2021.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270