Ordinance 2009-44
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II (3 ~n09 ~) ORDINANCE NO. 2009- 44
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~;'~'?Z'S"l:D'#~RDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA
-. ------1I0ULEV ARD TO DAVIS BOULEVARD MUNICIPAL SERVICE T AXING'YNIT;
PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATIpN;
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING
AND THE LEVY OF NOT TO EXCEED .5 MILS OF AD VALOREM TAXES PER
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR
THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO DAVIS BOULEVARD ADVISORY COMMITTEE,
APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE
OF THE ADVISORY COMMITTEE; QUORUM AND RULES OF PROCEDURE;
PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY
COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER
OR IDS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY
COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, at the June 23, 2009, meeting of the Board of County Commissioners the
Board was informed that the residents living in District 3 along Radio Road, East of Santa
Barbara Boulevard to the intersection of Radio Road and Davis Boulevard, requested
landscaping be installed along that section of roadway; and
WHEREAS, the Board of County Commissioners has determined that the creation of a
municipal service taxing unit to be known as the "Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU" is the best method for funding
and implementing the installation of this landscaping.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Authority.
This Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200,
Florida Statutes, and other applicable law.
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SECTION TWO. Creation of the Municipal Service Taxing Unit.
There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard municipal service taxing unit, hereinafter
referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Composite
Exhibit "A," which is incorporated herein by reference.
SECTION THREE. Purpose and Governing Body.
The MSTU is created for the purpose of providing landscaping and sprinkler systems for
the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTU
will sunset when the project is completed, or in six (6) years, which ever happens sooner.
SECTION FOUR. 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, until the project is either
completed or when six (6) years is up, which ever comes first. 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.5 mils per year.
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.
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SECTION SIX.
Creation of the Radio Road, East of Santa Barbara Boulevard to the
intersection of Radio Road and Davis Boulevard MSTU Advisory
Committee, Appointment and Composition.
A. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard
to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee,
hereinafter referred to the "Committee."
B. The Committee shall consist of five (5) members which 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 property owners of Collier
County within the MSTU and permanent resident electors of Collier County. 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 Committee 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 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.
E. Committee shall meet on an as-needed basis, but not less than once per year.
SECTION SEVEN. Terms of Office of the Advisory Committee.
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. Two (2) members shall be appointed for a term of three (3) years.
C. One (1) member shall be appointed for a term of four (4) years.
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Thereafter each appointment or reappointment shall be for a term of four (4) years.
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired
term of office.
SECTION EIGHT. Officers of the Advisory Committee, Quorum And Rules of
Procedure.
A. At its earliest opportunity, the membership of the Committee shall elect a chairman and
vice chairman from among its members. Officer's 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.
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 requirements, 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.
SECTION NINE. Functions, Powers and Duties of the Advisory Committee.
The functions, powers and duties of the Committee 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 1 st of
each year, meet with the County Manager or his designee and outline to the County
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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 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' policy.
Should the Committee fail to approve the budget by June 1 st 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 is accordance with the adopted budget or budget amendments, 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 the law) or by County
forces.
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 Commissioners.
SECTION TEN.
Duties of the County Manager or his Designee.
The duties of the County Manager of his designee shall be:
A. To administer the activities of the MSTU in accordance with established policies of the
Board of County Commissioners and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above.
C. To provide periodic written reports to the Committee, and the Board of County
Commissioners of the activities of the MSTU and its fInances in accordance with
established guidelines of the Board of County Commissioners and/or the Committee.
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D. Attend all Committee meetings.
SECTION ELEVEN. Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION TWELVE. Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and may be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be
renumbered or re-Iettered to accomplish such, and the word "Ordinance" may be changed to
"Section," "Article," or any other appropriate word.
SECTION TIDRTEEN. Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 28th day of July, 2009.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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DWIGI{:r,:ll: BIlG~K, CLERK
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Approved as to form and
Legal sufficiency:
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Scott R. Teach
Deputy County Attorney
DONNA FIALA, CHAIRMAN
This ordinance filed with the
Secr4ttory of ~'S Office the
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and ocknowledgemen} ~ that
fll'1;ived 11>'0 day
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EXHIBIT A - BOUNDARY MAP
RADIO ROAD EAST BEAUTIFICATION MSTU
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EXHIBIT CREATED ON 6-29-09 BY DARRYL RICHARD PROJECT MANAGER EXHIBIT A _ PAGE 1 OF 2
EXHIBIT A - BOUNDARY LEGAL DESCRIPTION
LEGAL DESCRIPTION OF RADIO ROAD EAST BEAUTIFICATION MSTU
BEGINNING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE RUN
SOl002'26"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2794.71 FEET
TO THE WEST QUARTER CORNER OF SECTION 4; THENCE RUN SOl002'39"E ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2716.04 FEET TO A POINT OF INTERSECTION WITH SAID
WEST LINE WITH THE NORTH RIGHT-OF-WAY LINE OF DAVIS BOULEVARD ACCORDING TO FLORIDA DEPARTMENT
OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03506-2601; THENCE RUN N89001'50"E ALONG SAID NORTH
RIGHT-OF-WAY LINE A DISTANCE
OF 1864.93 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 2789.79 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE A
DISTANCE OF 2860.60 FEET THROUGH A CENTRAL ANGLE OF 58045'00" TO THE POINT OF TANGENCY THEREOF,
THENCE RUN N30016'50"E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 3383.60 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2939.79 FEET; THENCE RUN
ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 2073.06 FEET THROUGH A
CENTRAL ANGLE OF 40.24'13" TO A POINT OF INTERSECTION OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY
LINE WITH THE SOUTH RIGHT-OF WAY LINE OF RADIO ROAD; THENCE DEPARTING SAID CURVE, FROM A TANGENT
BEARING OF N70041'03"E; RUN NOo053'51"W A DISTANCE OF 100.03 FEET TO A POINT ON THE NORTH RIGHT-OF-
WAY LINE OF RADIO ROAD; THENCE RUN S89006'09"W ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF
992.66 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, RUN NOoo19'12"W ALONG THE WESTERN
BOUNDARY LINES OF THE PLAT OF PALM SPRINGS PlAZA, UNIT NO.1 AS RECORDED IN PLAT BOOK 8, PAGE 21 OF
THE PUBLIC RECORDS OF COlLIER COUNTY, FLORIDA, THE PLAT OF PALM SPRINGS VILLAGE UNIT 1 AS RECORDED
IN PLAT BOOK 8, PAGE 23 OF THE PUBLIC RECORDS OF COlLIER COUNTY, FlORIDA AND THE PLAT OF PALM SPRING
ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 8, PAGE 22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
A DISTANCE OF 2567.39 FEET TO THE NORTHWEST CORNER OF SAID PLAT OF PALM SPRINGS ESTATES, UNIT 1;
THENCE RUN N88046'30"E ALONG THE NORTH LINE OF SAID PLAT A DISTANCE OF 1318.57 FEET TO THE
NORTHEAST CORNER OF SAID PLAT, THEN CENTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, SAID
POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 75 ACCORDING TO FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03175-2409; THENCE RUN N73000'28"W
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 92.07 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 11,297.16 FEET; THENCE RUN ALONG THE ARC OF
SAID CURVE AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 3761.18 FEETTHROUGH A
CENTRAL ANGLE OF 19004'32" TO THE POINT OF TANGENCY THEREOF; THENCE RUN S87"55'OO"W ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 3633.67 FEETTO A POINT OF CURVATURE OF A CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 5891.58 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND
SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 481.43 FEET THROUGH A CENTRAL ANGLE OF 04040'55" TO
THE POINT OF INTERSECTION OF SAID SOUTHERLY RIGHT-OF-WAY LINE WITH THE WEST LINE OF SECTION 33,
TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE DEPARTING SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY
, INE, RUN SOoo04'OO"E ALONG SAID WEST LINE OF SECTION 33 A DISTANCE OF 3180.97 FEET TO NORTHWEST
CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND THE POINT OF BEGINNING.
CONTAINING THEREIN 1135.439 ACRES OR 49,459,722.03 SQUARE FEET, MORE OR LESS.
EXHIBIT A - PAGE 2 OF 2
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-44
Which was adopted by the Board of County Commissioners
on the 28th day of July, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of July, 2009.
DWIGHT E. BROCK
Clerk of Courts ~nd Clerk
Ex-officio to Board of
County Commissioners
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By: Martha
Deputy