Ordinance 84-10ORDINANCE NO. .o4- 10
AN ORDINANCE CREATING THE ISLES OF CAPRI
STREET LIGHTING MUNICIPAL SERVICE TAXING
UNIT~..DEFINING ITS BOUNDARIES; PROVIDING FOR
ITS PURPOSES AND GOVERNING BODY; PROVIDING
FOR.ITS FUNDING BY A TAX NOT TO EXCEED ONE-
Q~ARTER MILL LEVY UPON APPROVAL BY MAJORITY
VOTE OF THE QUALIFIED ELECTORS IN THE MUNI-
CIPAL SERVICE TAXING UNIT VOTING IN AN
ELECTION CALLED FOR SUCH PURPOSE; PROVIDING
FOR PROPER NOTICE OF PROPOSED ENACTMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COmmISSIONERS OF
COLLIER COUNTY, FLORIDA:
Section One: Authority for this Ordinance.
This Ordinance is adopted pursuant to Chapter 125, Fla.
Stat., Chapter 165, Fla. Stat.; Chapter 200, Fla. Stat.; and
other applicable provisions of law (hereinafter referred to as
the "Act").
Section Two: Creation of Isles of Capri Street Lighting
Municipal Service Taxing Unit and Boundaries.
There is hereby created and established the Isles of C~pri
Street Lighting Municipal Service Taxing Unit (hereinafter re-
ferred to as the "M.S.T.U."). The boundaries of the M.S.T.U. are
as follows:
Isles of Capri No. 1, as recorded in Plat Book 3, Page
41, and; Isles of Capri No. 2 as recorded in Plat Book
3, Page 46; and, Isles of Capri No. 3 as recorded in
Plat Book 3, Page 66, and; Isles of Capri Business
Section as recorded in Plat Book 3, Page 52 of the
Public Records of Collier County, Florida, together
with all the land in Sections 33 and 34, Township 51
South, Range 26 East, located North of Tarpon Bay, West
of State Road 951, and South of the platted lands of
Marco Beach, Unit 24, as recorded in Plat Book 10,
Pages 1 through 32 of the Public Records of Collier
County, Florida, together with all the lands in the
Northeast Quarter of Section 6, Township 52 South,
Range 26 East, lying north of the Marco River.
Section Three: Purposes and Governing Body.
The M.S.T.U. is created for the purpose of providing street
lighting for County Road 952 and all platted streets within the
Isles of Capri Subdivision, and to do all things reasonably
necessary to provide said lighting within said M.S.T.U. The
governing body of the M.S.T.U. shall be the Board of County
Commissioners of Collier County, Florida.
Section Four~ Funding and Levy of Taxes.
The street lighting program designated pursuant to Section
Three of this Ordinance shall be provided from taxes within the
M.S.T.U. only. Pursuant to the authority of Section 200.085,
Fla. Stat., the governing body of the M.S.T.U. is authorized to
levy in excess of the rolled-back millage rate computed pursuant
to Section 200.065(1), Fla. Stat., provided such levy has been
approved by majority vote of the qualified electors in the
M.S.T.U. voting in an election called for such purpose. The levy
not to exceed of one/quarter (%) mill shall be for the purposes
specified in Section Three of this Ordinance. Such taxes shall
be levied and collected at the same time and in the same manner
as provided by law for County taxes. 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 Four.
Section Five: Millage Referendum.
A referendum of the qualified electors residing in the
M.S.T.U. is by concurrent resolution called to be held on March
13, 1984 to determine whether or not an M.S.T.U. tax millage not
to exceed one./qu~rter (%) mill shall be levied to provide street
lighting for County Road 952 and all platted streets within the
Isles of Capri subdivision and to do all things reasonably
necessary to provide said lighting within said M.S.T.U.
Section Six: Severability.
In the event that any word, clause, phrase, sentence, or
paragraph hereof shall be held invalid by any Court of competent
jurisdiction, such holdings shall not effect any other word,
clause, phrase, sentence, or paragraph hereof.
Section Seven: Conflict.
All resolutions, ordinances, or other actions taken by this
Board in conflict or inconsistent herewith are hereby repealed
insofar as there is conflict or inconsistency.
Section Eiqht: Effective Date
This Ordinance shall take effect upon filing with the Secre-
tary of State.
DATED: January 24, 1984
,,,. 'A~TEST: .
· &-' ..'. WILLi~J~/~. ,~AGAN, ~rk
f ~,'" Approve~ .s ~form and
r~drt h. Saunders
Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DAVID C. BRONN, -Chairman
STATE OF FLORIDA )
COUNTY OF COLLIER )
I0 WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereb -
certify that the foregoing is a true original of:
ORDINANCE NO. 84-10
which was adopted by the Board of County CorI~issioners during
Regular Session the 24th day of January, 1984.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th day
of January, 1984.
WILLIAM J. REAGAN
Clerk of Courts and~Clerk
Ex officio to. ]~o~r~
County Commi.~ ioners
By Virg~ia '~Magri
.'
Deputy Cl'erk'. ,, ...'~
This ordinance filed with the Secretary of State's Office the 30th day of
January, 1984 and acknowledgement of that filing received this 2nd day of
February, 1984. ,
By ~ii~h e~s o n ~ ~~~ Deputy Clerk