Ordinance 88-059 ,---'
ORDINANCE HO. 88- 59
AN EMI~GENCY ORDINANCE CREATING THE MARCO ISL -, .. ....~
BEACHFRONT RENOURISH~4ENT FACIILTIES MUNICIPAL --: ' ~.,~
SERVICE TAXING U, NITI PROVIDING FOR ITS BOUNDARI.-.~,~
PURPOSES AND TAXING AUTHORITYI PROVIDING FOR IT~:
GOVER~rING BOARD AND DEFINING ITS POWERS AND DUT~i~I
PROVIDING FOR AN ADVISORY COMMITTEE AND DEFINING ITS
DUTIES AND RESPOHSIBILITIESj PROVIDING FOR COLLECTION
OF TAXF~x PROVIDING FOR REFERENDUMf PROVIDING FOR
ISSUANCE OF BONDS; DECLARING AN EMERGENCYI PROVIDING
FOR CONFLICT ARD SEVERABILITYf PROVIDING AN EFFECTIVE
DATE.
WHERF. AS, the Board of County Cofllnissioners of Collier
County, Florida, has found and determined that tho constr~¢:tion
of facilities to renourish the beaches of Marco Island is
nec~ssary in the public interestt and
WHER~S, the Board of County Commissioners has determined
that a municipal service taxing unit composed of the beachfront
properties on Marco Island constitutes a lawful and
unit from which to pay the construction costs of such a proJ,lctf
and
WHEREAS, the Board of County Cofllnissioners intends to
finance th~ construction of such facilities through bonds payable
from ad valorem taxes levied upon the real property located
the taxing unit~ and
WHERF~, the Board of County Com~iasioners has ¢onditio~ed
the issuance of the bonds and the levy of taxes under this
Ordinance upon a referendum election to approve such levy.
NOW, THEREFOKE, BE IT ORDAINED BY THE BOARD OF COUNTY
CO~II'SSIONERS OF COLLIER CO~14TY, FLORIDA~
SECTION ONE. AL~IT{ORITY.
This Ordinanco is enaot~Kt pursuant to the provisions of
Chapter 125.01, Florida Statutes.
SECTION TWO. MARCO ISLAND B~ACH~'RONT RENOURISHMENT FACILITIF~
MUNICIPAL SERVICE TAXING UNIT CREATED, BOUNDARIF.$,
PURPOSES, TAXING AUTHORITY.
i&. Th~lre is hereby created the Marco Island Beachfront
Renourisb-ment Facilities Municipal Service Taxing Unit
(hereinafter referred to as tho "Unit") to include the property
described in Exhibit "A".
2. The Unit hereby created and established is ~or th~
purposes of providing for beach renourisbment and improved storm
protection facilities within the area of the Unit, and to ~o all
things reasonably necessary in connection therewith within the
Unit through tht issuance of bonds payable from ad valorem taxes
on all real property within the Unit not otherwise exempt from
the levy of ad valorem taxes.
3. The Unit shall have no taxing authority except the
authority to levy taxea sufficient for general obligation b~nds
of ~he Unit as and if authorized by referendum as set forth
hero, in.
SE~:ION THREE. GOVERNING SOARD, POWERS AND DUTIES.
The governing board of the Unit shall be the Board of County
Co~m~lssioners of Collier County, Florida, with the power and duty
to conduct the affairs of the Unit as prescribed by Florida
Statutes.
SECTION FOUR. ADVISORY COMMITTEE, DUTIES AND RESPONSIBILITIES.
The Board of County Commissioners shall create an Advl~o~f
Committee composed of permanent residents and qualified electors
from within the Unit with advisory authority ilt the business
affairs of the Unit and such other duties as may be assigne~ from
time to time by the Soard of Governors of the Unit.
SEC~.£ON FIVE. REF~UM, ISSUANCE OF BONDS.
The Board of County C~maissioners shall, by separate
resolution, call a referendum election to be held on November 8,
1988~ in accordance with applicable Florida Statutes for the
purpose of sub~itting to tho qualified electors residing within
the Unit substantially the following question:
Shall the Marco Island Beachfront Renourishment Facilities
Municipal Service Taxing Unit be authorize~ to issue general
obligation bonds in a principal amount not exceeding
$5,000,000 with a maximum maturity of 15 years bearing
interest not exceeding the maximum legal rate to fina~c~
beach renourishment and storm protection facilities, which
bonds shall be payable from ad valorem taxes on all tax~ble
property within the Unit at a rate not exc~eding 1.5 mills?
If a majority of the qualified electors of the Unit voting
in the reforendum approve the issuance of the Bonds, the Board
shall proceed forthwith to cause the Bonds to be issued pure,usnr
to an authorizing resolution adopted for such purpose.
SECTION SIX. DECLARATION OF EMERGENCY
This Board does hereby declare that an emergency exist, and
that i~ediate enactment of this Ordinance is necessary, ak! by
no less than four-fifths (4/5the) vote of the membership of the
Board does herel~ waive notice of intent to consider this
Ordinance.
SECTION S~E~. 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 phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
c~petent Jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
S~.CTION EIGHT.. EFFECTIVE DATE.
A certified copy of this Ordinance, as enacted, shall La
filed by the Clerk of the Board with the Department of Stats of
the State of Florida, as soon after enactment as is practicable
by depositing the same with the postal authorities of tho
government of the United States for special delivery by
registered mail, pottage prepared, to the Florida Department of
State.
This Ordinance shall b~come effective as provided in Section
125.66(3}, Florida Statutes.
PASSED AND DULY ADOPTED by the~,~rd of Co~_y Comm/s_stoner.
of Collier County, Florida, this //' day of ~
1988. ~
ATTE ST:
JAM~S C. OIL'S, CL~RK
BOARD OF COUNTY CO~SSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and legal
)~'~or~ T.~e ore, ss, C~airma~
Thll wdl~,mce filtd with lh~
MARCO J:SLAND PROPERTY
Ali t~e lands Located withinz
Hideaway tqeach Go~ Course Addition, as recorded In Plat
Book 13, Pages $9 through 60, Inclusive, of the Publla
Records of C'~olUer ~)unty, Plorldal and
Hideaway i~Mch Entrance, as recorded in Plat Book 13, Pages
36 through 38, inclusive, of the Public Records of ColUer
County, Flor ida; and
Hideaway Be{eh, as recorded in Plat Book 12, Pages 80
through 85, Inclusive, of the Public Records of Collier
County, Florldat and
Tiger Tail Public Bead. h, Tract A of Mareo Beach, Unit 14, as
recorded in Plat Book 6, Pages 100 througTt 103, inelusiva,
more particularly described in O.R. Book 301, Page 318, of
the Public Records of Collier County, Florida{ and
Tracts I'1 and F of Marco Beach, Unit 22, es recorded In Flat
Book 8, Pages 29 through 31, inclusive, of the Public Records
of collier County, Florida, and also known as South Seas
Northwest, Phases I and II, Declaration of Condominium
recorded in O.R. Book 889, Pages 1634 through 1771{ South
Seas West, Declaration of ~ndominium recorded in O.R.
Book 837, Pages 1341 through 14861 South Seas North,
Declaration of Condominium recorded in O.R. Book 811,
Pages 757 through 875{ South Seas Fast, Declaration of
Condominium recorded in O.R. Book 79{, Pages 1110 through
31i{ Su,~set ttouse North, Declaration of condominium
recorded in O.R. Book 364 Puges 188 through 223{ Sunset
House Condominium, Declaration of condominium recorded
in O.R. Book 302, Pages 855 through 894{ of the Public
Records of ("~oll{or County, Florida; and
Tracts B and C of Marco Be{eh, Unit 22, abc known as
Emerald Bench Ai~artments condominium, Declaration of
Condominium, as re~rded in O.1~ Book 209, Pages 939
through 973, inclusive, of the Public Records oi' Collier
County, Florida{ and
Part of 3¥aet A, Marco Beach, Unit 22, on which Is located
Tradewinds Apartments of Marco Island Condominium,
Declaration ct' Condominium, recorded in O.R. Book 472,
Pages 509 through 540, inclusive, of the Public Records of
Collier County, Florida{ and
Admiralty Hour) condominium, Declaration of condominium,
recorded in O.R. Book 554, Pages ?3? through 779, inclusive,
of the Public Records ct collier county, Florldat and
Parc~ol 9, Section 18, Township 52 South, Range 28 East, more
particularly described in O.R. Book {49, Page 242{ O.R. Book
891, Page 3401 and O.R. Book 1241, Pages 1767, Inclusive, of
the Public Records of Collier County, Florida! and
Gulfvlew Apartments of Marco Island, Declaration of
Condominium, recorded in O,R. Book 603, Pages 454 through
$01, inclusive, of the Public Records of Collier County,
Florida{ and
Marco Public Death, Parcel 7, of Section 18, Township 52
~outh, Ran{e 26 East, more particularly described in O.R.
Book 846, Page 1447 of the Public Records of collier County,
Florida{ and
Princess Del Mar CondonllnhJm, Declaration o£ Condomltt;umt
as recorded in O.11. Ltook 812, Pages 14:3; through 1415,
their,stye, of the Public Records of Collier County, Florida;
and
The Prince Condominium, Declaration ct Condominium, as
recorded in O.R. Book 8?6, Pages 1951 through 2021,
inclusive, of the PubUe Records oz. ColUer County, Florida;
The Duchess, Declare,loft of Condominium, hs recorded in
O.R. Book 9()6, Pages 1306 through 1395, Jne. lusive, oz. the
Public Re<~ccds of' Cx)lller Corm,y, Florida; and
Summit ltous(~ Conct~mlnium oZ' Marco bland, Declaration of
Condominium, as recorded in O.R. Book 942, Pages 1412
through 1494, ineltulve, of the Public Records of Collier
County, Florida; and
Royal Seaz.arer Condominium Apartments of Marco bland,
Declaration of Condominium, as recorded in O.R. Book 98l,
Pages 1412 through 1489~ inclusive, of the Publl(~ Records oz.
coil/er County~ Florida; and
Ma:'eo Be~eh Motel, Parcels 4 UK! 5, Section 18, Town~hlp 52
South, Ilm~e 26 ~t, more particularly described in O.R.
Book 808, Page 46:3, of the Public Records of Collier county,
Florida; and '
Eagle~ He~t Condominium Phase I, Declaration of
Condominium, as recorded in O.P... Book 97~, Pages ~00
through $112, inclusive, oz. the Public Records oz. Col[let
County, F~tich; and
Parcel 13, Se(;tion 18, Town.lhlp 52 South, Rin&e 20 East,
more particularly dear;bed in O.R. Book 1095, Page 2347 of
the Public Records oz. Collier County, Florida; and
Club Regen.~ of Marco bland Condominium Phase I,
Declaration of Condominium, as recorded in O.R. Book ga4,
Pages 1494 through 1604, Inclusive, of the Public Records of
Collier county, Florida~ and
Chalet of San Marco, Declaration of Condominium,
recorded in O.R. Book 911, Pages 371 through 4a4, reclusive,
of the Public Records of Collier county, Florida~ and
Parcel 11, S~tlon 18, Township 52 gouth, Range 26 Rest,
more partieul~'ly deser.[bed in O.R. Book 914, Page 602 of the
Public Records of Collier (7/..~unty, Florida; and
The Surf Club of Marco Phase I, Declaration of condominium,
as recorded in O.R. Dock 1011, Pages 1316 through 1437,
inclusive, of t~e PUbUo Records of COIUet County, Florida;
and
Parcel 1, Section 18, Township 52 south, Range 28 East, more
particularly deaeribed in O. IL Book 1069, Page 147 of the
Pubtie Records of COlUOr county, Florida; and
Parcel 16, Section 18, Town, dp 52 south, Range 25 East,
more particularly deaeribecl in O.R. Dock 1241, Page 617 oz.
the PUblic Records of Collier County, Florida; and
Charter Club oz. Marco Beech Condominium Phase I,
Declaration of Condominium, es re(tot(fed In O.1~ Book 982,
Pages 1900 through 1979, inclusive, of the Public Recet~ of
collier county, Florida; and
Charter Ch~ of Marco Phase II, Dec~u'atlon of Condominium,
u recorded in O.R. Book 1007, Page 1067 of the PubUe
Records of Colller County, Florida; and
Sand Ce.atto II Condominium, Declaration of Condominium, u
recorded In O.R. Bcok 1000, Pages.8$1 through 926, inclusive,
of the PubUe Recoils of ColUer County, Florida; and
Sand Castle I Condominium, Declaration of Condominium, as
recorded in O.P,. Book 988, Pages 930 through 1003, Inclusive,
of the Public Records of ColUer County, F~orlda{ and
Parcel 9, S[.~tlon 19, Township 52 South, Range 26 East, more
particularly described in O.R. Book 1294, Page 1627 of the
Public Records of Collier County, Florida; and
Parcel 4, Section 19, Township 52 South, Range 26 Fast, more
particularly described in O.R. Book 1294, Page 1623 of the
Public Records of ColUer County, Florida; and
Marbella Club of Mm'co Island Condominium, Declaration of
Condominium, as recorded in O.R. Book 83(I, Pages 1862
through 1941, inclu:iive, of the Public Records of ColUar
County, Florida; and
sand Piper Condominium, l~laration of C.o~minlum, as
recorded in O.R. Book 1001, Pages 533 through 619, inclusive,
of the Public Records of CollIe~ County, Florida; and
Parcel 7, $~tion 19, Township 52 8outh, Range 26 East, mom
particuh~rly described in O.R. Book 1280, Page 301 of the
Public Records of Collier County, Florida; and
Seawinda of Marco, Declaration of Condominium, as recorded
in O.R. Boo1¢ 988, Pages 78 through 170, inclusive, of tho
Publle Records of Collier County, Florida{ and
Parcel 5, section 19, Township 52 South, Range 26 East, more
particularly described in O.R. Book 1272, Page 761 of the
Public Records of ColUer County, Florida{ and
Parcel 1.1, Section 19, Townmhip 52 south, Range 26 Fast,
more particularly d~scrib~d in O.1~ Book 685, Page 657 of tim
Public Records of ColIIm' County, Florida; and
Par~l 1.2, 8~tion 19, Township 52 South, Range 28 F~__-t,
moro particularly dcscribmd in O.R. Book 1163, Page 1358 of
the Public Reo. ords of CotUer County, Florida{ and
Parcel 1, section 19, Township 52 south, Range 26 F~, mom
particularly d~meHbed in O.R. Book 885, Page 657
PubUe Records of ColUer County, Florida.
A
OLD
5
ISLES OF C ~J~l '-
C
..:,,
.,.,. ,.. E r. ,:
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMH. S 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 ~o. 88-59
which was adopted by the Board of County Coa~lmmionerm on the
day of June, 1988, during Regular Session, via emergency
procedures.
~ITNESS ~ hand and the official seal of the Board of
County Contesloners of Collier County, Florida, this l~th
day of June, ~988.
3A~ES C. GILES
Clerk of Courts and?Clerk·
Ex-officio to Board of .':"
Count~ Coaalssioner~s
By: Virginia Magrt
Deputy Clerk