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Ordinance 92-040 ~ ORDZ]O, NCB CREATZN~ ~ Z~O~EB BE~ZF~TZO~ ~ZCI~ ~ERVZCB T~ZNG ~ZT ZN COLLZER CO~Y~ FOR ~ ~ZNG ~DY OF ~ ~ZT, ~ ~ ~ZEBZ · ~VZDZNG FOR CO~LI~ B~ZLZTY ~ EFYECTI~ D E. ~, 2he ~ard of Count~ Co~[ss[oners on October 25, 1977, adopted Collier Count~ Ordinance No. 77-52, creat[n~ 2he [~okalee L~ghting and ~aut~Eication Municipal Se~ice Taxing District for the ~se of providing street lighting and beautification within the Un~t~ and /.~ ~, the ~ard of County Co~issioners, on Septe~er 23, 1986, adopted Collier County Ordinance No. 86-65, 'creating the I~okalee L~ghting and Beautificat~on District Adv~so~ Co~it2ee, pr~d~g for functions, p~ers and duties of the Co~ittee~ and ~, ~e Board of County Co~issioners on Janua~ 23, 1990 ~adopted Collier County Ordinance No. 90-8, revising the me~ersh[p of ~e I~o~lee Lighting and Beautification Adviso~ Co~ittee from · ~en me, ers to five me~ers~ and ~, the ~ard of County Co~issioners on Feb~a~ 27, 1990 :';.'adopted Collier Co~ty Ordinance No. 90-19, revising Section Five of ~:: O~inance No. 77-52 by providing for and further defining the pu~ose ;.. of ~e I~o~lee Lighting and Beautification District~ and ~, on Feb~a~ 20, 1990, the I~okalee L~ghting and ~aut~f~cation Adviso~ Co~ittee had met and approved a motion to :~. rec~end to the Board of County Co~issioners that Collier County Ordinance No. 77-52 be modified so as to separate the Lighting D~strict from the Beautification District, thereby making Districts separate, but having identical district boundaries and · retain the ~rrent Adviso~ Co~ittee composition and mske-up only :for the Beautification District, and the Board having heard said ~" reco~endation. NOW, ~E~FORE, BE IT ORDAINED BY T~E BO~D OF COUNTY ~[ CO~ISSIONE~ OF COLLIER COUNTY, F~RIDA, that: T~tlCiO~dinan~e.i~' enacted pursuant to the authority granted to ~vI~i?~ ~t.~..-. ~O"i~,r~ ' ' ' ' the Board~£ County CommisSioners'' of Collier County, Florida under ~R .... iDi?' ::. 'I' Chapter, IR5 o~:the~ Florid&~.Statutes~I. ~;~'~ IKMOKALEE BEAUTIFICATION ~UNI¢IPAL SERVICE TAXING UNIT CREATED There is hereby created the Immokalee Beautification Municipal Sex~ice Taxing Unit (hereinafter referred to as the "Unit). ~. DOUNDARIES The boundaries .of the Unit shall comprise all that land located ~n Collier County, Florida, and specifically described as: The South 1/2 of the South 1/2 of Section 29~ the South 1/2 of the Southeast 1/4 of Section 30~ the Northeast 1/4 of Section 31~ all of Section 32~ all of Section 33~ the Southwest 1/4 of Section 34~ and the South 1/2 of the Southwest 1/4 of Section 28~ all in Township 46 South, Range 29 East. The Southeast 1/4 of Section 3~ the West 1/2 of Section 3~ a11 of Section 4~ the Northeast 1/4 of Section 5~ the North 1/2 of the Northwest 1/4 of Section 5~ the East 1/2 of Section 9~ and the Southwest 1/4 of the Northeast 1/4 of Section 11~ all in Township 47 South, Range 29 East. ~. GOVERNING BOARD. POWERS AND DUTIES The governing body of the Unit shall be the Board of County Commiss~oners of Collier County, Florida with the power and duty to ' conduct the affairs of the Unit as prescribed by Florida Statutes. The Unit hereby established is for the purpose of doing all things reasonably necessary in connection with landscape ~eautification, including providing for pavement, curb and lidewalk modifications, installation of irrigation facilities, associated landscaping improvements and maintenance 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. ~. ITEMIZED BUDGET AND MILLAGE RATE FO~ the purpose of implementing this Ordinance the Board of County Commissioners shall annually, at the time required by general law, ~ake an itemized estimate of the amount of money required to ~.Fform_..~he bu~iness._of =the Unit. for the next fiscal year, which shall be from October 1, to and including September 30 following. The estimate 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 fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and ca~e 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 one ~. COLLECTION OF TAXES " Taxes herein provided for shall be assessed and collected in the "~a~e ~nner and form as provided for the assessmunt and collection of general . County taxes and subject to the same fees for assessing and ~olle~ing as general County taxes. ~. ADVISORY COMMITTEE. DUTIES AND RESPONSIBILITIES 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 Co~missionere. ~. CONSTRUCTION AND SEVERABILITY This Ordinance shall be liberally construed to effectuate its public ~urpose. It iS declared to be the intent of the Board of County 'C~issioners that if any section, subsection, sentence, clause, 31phrase or provision of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such invalidation or unconstitutionality shall be deemed a separate, fl53 d~etin~c and independent provision and shall not be so construed as to render invalid or unconstitutional the remaining provisions of the Ordinance. ~. EFFECTIVE. DATE This Ordinance shall become effective upon receip~ of notice 'from the Secretary of State that this ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier... County,. Florida, this ~ day of ~, 1992. ....; ~: :1 ~ 7~,, · ' ' "'/,~- BOARD OF COUNTY COMMISSIONERS .U".~.ei C. Giles; '.~lerk COLLIER COUNTY, FLORIDA BY: .~.~%..% ~% Michae airman !'~.;,,.'. ,., . &e to'form and sufficiency: C. Secretary of ,,S~ote's Attorney ~ ~ o~~ fi~ rece~ STATE OF FLORIDA COUNTY OF COLLIEa ) I, JAMES C. (~ILES, Clerk of Courts ~n and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy Ordinance No. 92-40 which was adopted by the Board of County Commissioners on the 9th day of June, 1992, during Regular Session. WITNESS my hand and the official seal of the Board of County Commisa~oners of Collier County, Florida, this lOth day of June, 1992. JAMES C. GILES Clerk of Courts and Clerk?''~%[][~' .. Ex-officio to Board of '-"' '~. Deputy Clerk