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Ordinance 92-101 -, FIL£u /~v~ ~ ~ ~ ORDINANCE NO. 92- 1.01 ~ .~IGHTING MUNICIPAL SERVICE TAXING UNIT; PRO~~{~ .~'BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNIN~'~O~ O~ ...... ~~" THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. WHEREAS, there has been perceived a need for street lighting in the South Tamiami Heights subdivision of Collier County, Florida; and WHEREAS, the Board of County Commissioners of Collier County, Florida has determined that it is appropriate to create a Street Lighting Municipal service Taxing District to provide for street lighting in said subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Street Lighting Hunicipal Service Taxing Unit Created; Boundaries. Pursuant to Chapter 125 of the Florida Statutes, the South Tamiami Heights 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: South Tamiami Heights according to the plat recorded in Plat Book 3, Page 44, of the Public Records of Collier County, Florida, less Lots 1 and 2 of Block B, and less Lots 16 through 28 of Block A thereof. SECTION TWO: Governing Body. The governing body of the Unit shall be ex-officio the Board of County Commissioners of Collier County, Florida. SECTION THREE: 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 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. SECTION FOUR: Annual Estimates of Expenses; Taxation Rate. 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 Unit for the next fiscal year, which shall be from October I to and including September 30 Following. The estimate shall describe the purpose Boo 059 for which 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 requirements of the estimate; provided, however, the total millage shall not exceed the millage authorized by law for municipal service taxing or benefit units. 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: Construction. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION SEVEN: Conflict and Severabtlity. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION EIGHT: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. DA~ED: ATTEST:~ ~. BOARD OF COUNTY COMMISSIONERS · JAMES C. GILES, Cl'eYk COLEI~ER COUNTY, ~UORIDA ,. '- - MICHAEL J. VOL~E, Chairman ApproVed as to form and legal sufficiency:'-- o This ordinance filed with the ~vid C. Weig~q ~ ~doyo~, Assistant County A~orney and ockncw'edsemegt.of that SOUTll TAHI/G~I IIEIGIITS LOCATION SKE~Cll/HAP STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 92-101 which was adopted by the Board of County Comm~ssioners on the 22nd day of December, 1992, during Regular Session. WITNESS my hand and th~ official seal of the Board of County Commiss~oners of Collier County, Florida, this 28th day of December, 1992. JAMES C. GILES Clerk of Courts and Clerk.,',' Ex-officio to Board of y~: ~s/Maureen Kenyon Deputy Clerk