Ordinance 92-055 ORDINANCE NO. 92-__~__ ,,~ -4 3
CAPRI MUNICIPAL RESCUE AND FIRE SERVICES ~ ~ '~3
CAPITAL IMPROVEMENT DISTRICT; PROVIDING ~ o
AUTHORITY; DEFINING ITS BOUNDARIES; PROVIDING ~' '~
FOR ITS PURPOSE; PROVIDING FOR ITS FUNDING AND
LEVY OF TAXES; PROVIDING FOR A MILLAGE REFERENDUM
ELECTION; PROVIDING FOR CONFLICT AND SEVERABILITY;
DECLARING AN ~4ERGENCY; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING FOR THE EFFECT OF REFERENDUM.
WHEREAS, the Board of County Commissioners on October 10,
1978 adopted Collier County Ordinance No. 78-49 creating the Isles
of Capri Municipal Services Taxing District; and
WHEREAS, Collier County Ordinance No. 78-49 was amended on
December 19, 1989, by Ordinance No. 89-99, providing the name and
purpose of said District to include rescue as well as fire control
services; and
WHEREAS, the Isi.s of Capri Municipal Rescue and Fire
Services District Advisory Board has recommended to the Board of
County Commissioners that construction for expansion and
renovation of the Isles of Capri Fire Station facility is needed
and funding to pay for said construction and renovation be
obtained through the levy of a fixed millage for capital
improvements within the Isles of Capri Municipal Rescue and Fire
Services District.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COM~ISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section One. Authority
This Ordinance is adopted pursuant to the provisions, of
Chapters 125 and 200, Florida Statutes, and other applicable
. provisions of law.
Section Two. Creation of the Isles of Capri Municipal Rgscue and
Fire Se~;ices Capital Improvement District
There is hereby created and ~stablished the Isles of Capri
Municipal Rescue and Fire Services capital Improvement District
(hereinafter referred to as the "District").
'The District shall comprise all those lands located in
Collier County, Florida, and specifically described as:
All that land located within Sections 19, 20, 21, 22, 27, 28,
1
29, 30, 31, 32, 33 and. 34 of Township 51 South, Range 26
East, and those portions of Section 4, 5 and 6 of Township S2
South, Range 26 East', which lie North of the Marco River,
Collie? County,..~9~ida.
Section Thr~ 'GSverhi~ Board, Powers and Duties
The gov~rning"Board of'th~'District shall be the Board of
County commissionersip~/Col.l!er. Co~ty' Florida with the power and
duty to conduct the affairs of the District as prescribed by
Florida Statutes.
~ Purpose
The District is hereby created and established for the ..~ ....
pUrl0OSe of doing all things reasonably necessary in connection
with providing the funding through a levy not to exceed
three-tenths (.3) mill for a period not to exceed seven (?) years
for t~_9.onstruction and renovation of the Isles of Capri Fire
Station facility.
~. F~/nding and Levy of Taxes
The funding for the construction and renovation of the Isles
of Capri Fire Station facility shall be provided from taxes within
th~ District. Pursuant to the authority of Chapter 200, Florida
Statutes, the governing body of the District is authorized to levy
in excess of the rolled-back millage rate computed pursuant to
Section 200.065, Florida Statutes, 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 three-tenths (.]) 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 provided by law for County taxe~.
The Property Appraiser and the Tax Collector of Collier County
Florida are specifically authorized and directed to take all
necessary and desirable action in furtherance of this Section.
~ Millage Referendum Election
A referendum election of the qualified electors residing in
the District shall be called by concurrent resolution, such
election'.be held on November 3, 1992, to determine whether or not
the District shall be created to tax a millage not to exceed
three-tenths (.3) mill for a period not to exceed seven (7) years
to provide funding to pay for the construction and renovation
improvements to the Isles of Capri Fire Station facility.
Section Sev~n. Conflict and severability
It is declared to be the intent of the Board of County
Commissioners that if any section, subsection, sentence, clause,
phrase or provision of this Ordinance is held invalid or
unconstitutional by any court of competent Jurisdiction, such
or ncon,titutionality ,hall be deemed a
dkStinc& and ~ndepe~dent provision and shall not be so construed
as to render invalid or unconstitutional the remaining provisions
of this Ordinance.
Section Eight. Declaration of Emergency
This Board does hereby declare that an emergency exists and
that immediate enactment of this Ordinance is necessary, and by no
less than four-fifths (4/Sths) vote of the membership of the Board
~oes hereby waive notice of intent to consider this Ordinance.
~ Effective Date
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of ~he Board with the Department of State of
the State of Florida, as soon after enactment as is p~acticable by
depositing the same wit~ the postal authorities of the government
of the United States for special delivery by registered mail,
postage prepaid, to the Florida Department of State.
This Ordinance shall become effective as provided ~n Section
125.66(3), Florida Statutes.
~ Effect of Referendum
The levy of taxes authorized by this Ordinance shall only
become effective after the referendum election on November 3, 1992
with a majority vote of the qualified electors within the District
approving the levy of the three-tenths (.3) mill for a period not
3
to exceed seven (7) .years. If the quaXified electors within the
Distr~Lct do not approve the referendum on November ], 1992, this
Ordinance .shall be repealed in its entirety.
....-PASSED AND DULY ADOPTED by the Board of County Commissioners
of .Collier County, Florida, this 11th day of August, 1992.
~a~atan~ County ~to~ay
o~ ock~edge~n~ ~f ~
4
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Sudtctal Circuit, Collier County, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 02-55
~. which was adopted by the Board of County Commissioners on
the lXth day of Au~.~st, I002, during Re~lar Session via
~ Emergency.
~.' WITNESS my hand and the official seal of the Board of
"? County Commissioners of Collier County, Florida, this 12th
;~ day of August, 1992
'" Clerk of Courts and Clerk.~
Ex-officio to Board of ~>~.' .... .. ~, ,~
County Commtsstoner~ r~'. ' ~ '
Deputy Clerk '.,), ." ~
: 054 243
:'<. ~OOKPAG£