Ordinance 90-111 ORDINANCE HO. 90-111
EMERGENCY ORDINANCE CREATING THE PELICAN
MUNICIPAL SERVICE TAXING AND BENEFIT UNI~;.,
~ETTING FORTH THE BOUNDARIES OF THE UNIT; -'~
THE GOVERNING BODY OF THE UNIT;
PROVIDING FOR PURPOSE ~ID POWERS; PROVIDING
FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION~
RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION;
PROVIDING FOR THE CREATION OF THE PELICAN
MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY
COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION;
PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL
FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING
FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING
FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR FUNCTIONS,
POWERS AND DUTIES OF THE COMMITTEE; PROVIDING FOR THE
DUTIES OF THE COUNTY MANAGER; PROVIDING FOR A REVIEW
PROCESS; PROVIDING FOR OPPORTUNITY TO COMMENT PRIOR TO
INITIAL IMPLEMENTATION OF USE OF TAXING OR ASSESSING
AUTHORITY; PROVIDING FOR SUPERCESSION, REPEAL AND
CONSOLIDATION OF PRIOR ORDINANCES RELATING TO STREET
LIGHTING; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR CONSTRUCTION; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
~: Creation of the Pelican Bay MuniciPal Service Taxin-
and Benefit Unit.
Pursuant to Chapter 125, Florida Statutes, and Collier County
Ordinance No. 88-23, the Pelican Bay Municipal Service Taxing and
Benefit Unit ia hereby created for the purpose of providing street
lighting, water management, extraordinary law enforcement service
beautification, including but not limited to beautification of
recreation facilities, sidewalk, street and median areas and the
maintenance of conservation or preserve areas.
~: Boundaries of the Unit.
The Pelican Bay Municipal Service Taxing and Benefit Unit is
comprised of and includes those lands described as follows:
A tract of land being in portions of Sections 32 and 33,
Township 48 South, Range 25 East; together with portions of
Sections 4, 5, 8 and 9, Township 49 South, Range 25 East,
Collier County, Florida, being one and the same as the lands
encompassed by the Pelican Bay Improvement District, the
perimeter boundary of same more particularly described as
follows:
Co~uaencing at the Southeast corner of said Section 33; thence
South 89 degrees 59 minutes 50 seconds West along the South
line of Section 33 a distance of 150.02 feet to a point on
the West right-of-way line of U.S. 41 (State Road 45), said
point also being the Point of Beginning; thence Southerly
along the West right-of-way, line of said U. S. 41 (State Road
45) the following courses: South 00 degrees 58 minutes 36
seconds East a distance of 2.4.9 feet; thence South 00 degrees
55 minutes 41 seconds East a distance of 3218.29 feet; thence
South 01 degrees 00 minutes 29 seconds East a distance of
3218.56 feet; thence South O0 degrees 59 minutes 03 seconds
East a distance of 2626.21 feet; thence South 01 degrees 00
minutes 18 seconds East a distance of 2555.75 feet to a point
on the North right-of-way line of Pine Road as recorded in
D.B. 50, Page 490, among the Public Records of said Collier
County; thence departing said U.S. 41 (State Road 45) South
89 degrees 09 minutes 45 seconds West along said North
right-of-way line a distance of 2662.61 feet; thence South 00
degrees 51 minutes 44 seconds East a distance of 70.00 feet
to a point on the North line of Seagate Unit I as recorded in
Plat Book 3, Page 85 among said Public Records; thence South
89 degrees 09 minutes 45 seconds West along said North line
of Seagate Unit i and the South line of said Section 9 a
distance of 2496.67 feet to the Southwest corner of said
Section 9; thence continue South 89 degrees 09 minutes 45
seconds West a distance of 225 feet more or less to a point
on the mean high water line established May 15, 1968; thence
a Northwesterly direction along said mean high water line a
distance 15716 feet more or less; thence de~arting said mean
high water line South 80 degrees 29 minutes 30 seconds East
and along the Southerly line of Vanderbilt Beach Road (State
Road 862) as recorded in D.B. 15, Page 121 among said Public
Records a distance of 7385 feet more or less to a point on
said West right-of-way line of U. S. 41 (State Road 45);
thence South 00 degrees 58 minutes 36 seconds East along said
West right-of-way line a distance of 2574.36 feet to the
Point of Beginning.
~. GQvernin~ Body.
governing, body.of~.the'Unit:_shall be ex-officio the Board
of County Commissioners of Collier County, Florida.
~J~%~. PurDose: Powers.
The Unit is formed for the purpose of providing street
lighting, water management, extraordinary law enforcement service
and beautification, including but not limited to beautification of
recreation facilities, sidewalk, street and median areas and the
maintenance of conservation or preserve areas in the above-
described taxing and benefit unit and to that end shall possess
all the powers to do all things reasonably necessary to provide
such services.
Annual Estimates of ExDenses; Taxat~QD ~a~e,
For the purpose of carrying into effect and the
administration of 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 or purposes
for which the moneys are required and the amount necessary to be
raised by taxation within the Unit. At the time and place for
establishing 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 and benefit units.
~. 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 subject to the same fees for
assessing and collecting as general County taxes in accordance
with general law.
~. ~ Creation of the Pelican Bay MuniciPal Servi¢~
Taxina and Benefit Unit Advisory Committee,
.... Concurrent with the passage of the Ordinance, a nine (9)
member advisory committee to be know as the Pelican Bay Municipal
Service Taxing and Benefit Unit Advisory Committee (hereinafter
'¢&~ittes") is hereby created.
~u~TJ~J~. Appointment and Composition.
The Committee shall be representative of both residential and
business interests and landowners in Pelican Bay.
Members of the Committee shall be appointed and serve at the
pleasure of the Board of County Commissioners. Said members shall
be permanent residents and electors of Collier County.
Appointment of members to the Committee shall be by
resolution of the Board of County Commissioners, which resolution
shall set forth the date of appointment and the term of office.
~. Terms of Office.
The initial terms of office of the Committee shall be as
-follows:
A)
Three (3) members shall be appointed for a term of two
(2) years.
B) Three (3) members shall be appointed for a tel-m of three
(3) years.
C) Three (3) members shall be appointed for a term of four'
! (4) years.
...Thereafter, each appollltment or reappointment shall be for a
ter~of four (4) years.
A'member of the Committee may be reappointed by the Board of
County.'-Commissioners for one (1) successive term, if there are no
other qualified applicants for the member's position.
Appointments to fill any vacancies on the Committee shall be for
the remainder of the unexpired term of office.
~6~TJ~J~. Removal From Office= Failure to Attend Meetinas.
· A) A~y member of the Committee may be removed from office by
a majority vote of the Board of County Commissioners.
.' ....B) If' any member' of the Committee fails to attend two (2)
consecutive Committee meetings without a satisfactory excuse or if
a~ ~ber~ls.~abse~' .from .more. thaD~.o~Q-half .of. the Committee' s
meetings in a given fiscal year, the Committee shall declare the
member's seat to be vacant and the vacancy shall be filled by the
Board of County Commissioners.
SECTION ELEVEN. Officers= Ouorum: Rules of PrQ~edurp,
A) At its earliest opportunity, the membership of the
Co~&ee shall elect a chairma~ and vice chairman from among the
members. Officers' terms shall be for one (1) year, with
eligibility for re-election.
~) The presence of five (5) or more members shall constitute
a quoru~ of the Committee necessary to take action and transact
business. In addition, an affirmative vote of five (§) or more
members shall be necessary in order to take action, regardless of
whether five (5) or more members of the Committee are present at a
~,~eeting.
C) The Committee shall, by majority vote of the entire
membership, adopt rules of procedure for the transaction of
business and shall keep a record of meetings, resolutions,
findings and determinations.
SECTION TWELVE. Reimbursement of ExDe~S~S~
Member~ 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.
SECTION THIRTEEN. Functions. Powers and Duties of the Committee.
The functions, powers and duties of the Committee shall be as
follows=
A) To aid, assist and provide input to the County Manager
'and the Board of County Commissioners in carrying
· ~' out the purposes of the Pelican Bay Municipal
i~.i~=.$~ ..... Service Taxing. and..Benefit Unit as set forth in this
Ordinance.
B)- Upon any decision by the Board of County Commissioners to
: dissolve, merge or otherwise change or discontinue the
functions or smrvices provided by the Pelican Bay
.... :~. Improvement"District, the Committee shall be prepared to
and shall aid, assist and provide input to the County
Manager and the Board of County Commissioners, within the
time frame requested, in effectuating a smooth and
..... expeditious transfer of street lighting, water management
and beautification services, responsibilities and
obligations to the Unit.
C) If requested by the County Manager or Board of County
Commissioners, 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 Unit for
the next fiscal year.
D) The Committee shall recommend work programs and
priorities to the County Manager in accordance with the
adopted budget or budget amendments which may be adopted
by the Board of County commissioners in accordance with
law. 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 law) or by County
forces.
SECTION FOURTEEN, Duties of the County Manaaer.
The duties of the County Manager or his Designee shall be:
'"~ A) To administer the activities of the Unit in accordance
with established policies of the Board of County
,:..~. Commissioners.
· B) To, as soon as practicable and annually thereafter,
prepare the annual budget.
C) Provide periodic written reports to the Committee and the
Board of County Commissioners on the activities of the
Unit and its finances.
SECTION FIFTEEN.
This Committee shall be reviewed once every four (4) years
commencing in 1995, in accordance with the procedures contained in
Collier County Ordinance No. 86-41.
SECTION SIXTEEN. ~Q CommeDt Prior to Initial
ImDlementatio~ or Use of the Unit's Taxina and
Assessment Authority.
Prior to implementing any initial taxing or assessment
authority under this unit, the Board of County Commissioners shall
hold a public hearing in Pelican Bay upon reasonable notice in a
;~ local newspaper of general circulation. Such public hearing will
consider and afford the Advisory Committee and the public in
general the opportunity to comment on the implementation or use of
'~ the unit's taxing and assessment authority.
SECTION SEVENTEEN. SuDercession. RePeal and Consolidation of
Prior Ordinances Relatin~ tb Street Liaht~Dg,
Collier County Ordinances No. 78-67, 80-53, 82-122, 85-9,
86-29, and 88-35 are hereby superceded, repealed to the extent
same are either inconsistent or not harmonious with this Ordinance
and consolidated with the Unit for the purposes of providing
street lighting.
· SECTION EIGHTEEN. Conflict and Severabilitv,
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
Ordinance is 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 portion.
SECTION NINETEEN. ~
This Ordinance shall be liberally construed to effectuate its
public purpose.
SECTION TWENTY. 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 (4/5tbs) vote of the membership of the Board
does hereby waive notice of intent to consider this Ordinance.
SECTION TWENTY-ONE. Effective Date.
ATTEST? I£
-'~JAMES C.
.'i'.'..A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of the Board with the Department of State of
the-State of Florida, as soon after enactment as is practicable by
depositing;the same with the postal authorities of the government
postage prepaid, to the Florida Department of State.
This Ordinance shall become effective as provided in Section
12~.66(3), Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this /~-~ day of December, 1990.
BOARD OF COUNTY COMMISSIONERS
CLERK
as'~o form and
Lawson
. ~ AssistantC¢ounty Attorney
~2695
COLLI~UNTY, FLORIDA
BY:~~~~~~~,
_Se~[~ttary of S~qt_e's Offlt:e ~he
OF FLORIDA )
OF COLLIER )
Z, JAMES C. GILES. Clerk of Courts in and for the
tTwentAeth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 90-111
i~WhAch-- was adopted by the Board of County Commissioners on
!~he lSth day of December, 1990, during Regular Session via
Emergency Procedures.
WXTNESS my hand and the official sea2 of the Board
County Commissioners of Collier County, Florida, this 21st
~ day of December, X990.
JAMES C. GILES · "
Clerk of Courts and ~]~'~ "' '. ~'''~
Ex-officio to Board of-.~;': ;' '~
County Commissioners :~' ~
B~: /s/Maureen Kenyon ~' yj ,,
Deputy Clerk '~l ' ~'