Ordinance 80-054ORDINANCE NO. 80-.~L.
AN EMERGENCY ORDINANCE CREATING A MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT TO PROVIDE A
COMMUNITY CENTER FOR AN AREA N~THIN THE
UNINCORPORATED AREA OF COLLIER COUNTY KNO_W~
AS MARCO ISLAND, AND MORE PARTICULARLY DESk.
CRIBED HE IN; ESTABLISHIN¢ BOARD
COUNTY COMMISSIONERS OF COLLIER COUNTY AS ~-~,~w
TO LEVY SERVICE CHARGES, SPECIAL ASSESSMENTS
OR TAXES WITHIN THE UNIT; PROVIDING FOR THE
GENERAL POWERS OF THE GOVERNING BODY OF THE
UNIT; PROVIDING FOR AN ADVISORY BOARD;
PROVIDING SEVERABILITY; REPEALING ORDINANCE
79-101; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS ~
COLLIER COUNTY, FLORIDA that: ~
Section 1 Findinss ~ ~ ~T~
The Board hereby finds and determines ~ha=
for a Congnunity Center to be constructed on Marco Island lOT the
purpose of providing suitable facilities for the educational,
recreational, cultural, and related pursuits of the citizens of
this County and most particularly the residents of Marco Island.
The construction of such a Community Center is therefore
deemed to be in the public interest.
Section 2. Creation of the Unit..
The unincorporatgd area of Collier County known as Marco
Island, and more particularly described in Section 3 hereof, is
hereby established as a Municipal Service Taxing and Benefit Un~
(hereinafter the "Unit") pursuant to Chapter 125, Florida %tatum.___-73
Section 3. Boundaries of the Unit.
The boundaries of the Unit are as follows:
All those geographical islands known as Marc6 Island
and Caxambas Island, subject Co future reliction and
ccretion lying and being situated in Township 52 South,
nges 25 and 26 East bounded on the North by Big Marco
pass and Big Marco River, on the East by Goodlan~ Bay and
Big Marco River, on tho South by Blue Hill Creek, Blue Hill
Bay, Barfield Bay, Caxambas Bay, and Caxambas Pass and on
the West by the Gulf of Mexico.
Section 4. Purpose.
The Unit is created for the purpose of providing a Co~uni=y
Center within the boundarics o~ =he Unit.
Oil
Section 5. GoverninR Bod~.
The govarnini body o£ the Unit shall bacha Board of County
Commissioners o£ Collier County, Florida, hareina£ter referred Co
as the "Board".
Section 6. Power Co Levy. ~xes vithin._the Unit.
The Board, pursuant co the authority srantad it by the
Constitution and Laws of the Scats of Florida shall have the
po~er to levy ad valorem taxes as ~ay be legal for the purpose of
providing and operating a Community Canter vithin the Unit. Said
taxes shall be levied and a budget prepared or adopted by said
Board at the sams time and in the same manner as said Board
prepares and adopts its County annual budget and levies taxes as
provided by law. Said taxes shall be assessed, levied, collected,
remitted to and accounted for ac the same time and in the same
manner as the assessment, levy, collection, remittance and account-
ability o£ taxes by said Board as provided by law.
Section 7. General Powers.
The Board shall have all the powers necessary or convenient
to carry out the purpose of this Ordinance and such additional
rights and powers as are provided by the Constitution and
Laws o£ the S~ata o£ Florida granted to counties ahd shall have
all powers not othar~isa prohibited by law. These po~ars shall
include, but not be ~imitad cc, the issuing of bonds pledging ad
valorem ~axas to finance the construction o~ a Co~aranity Canter
if such be approved at a referendum election.
Section 8. Appointment and Duties of Advisor7 Board.
A. There shall be appointed by Resolution o£ the Board of
County Com~i!sioners an advisory board consisting o~ no less than
three nor more than seven residents of H arco Island. The
board shall consist of at least three appointees to serve & term
of two years. Any additional initial appointments shall be
one year terms, and all appointments subsequent to she initial
appointments shall be for t~o-yaar terms. At the initial meeting
o£ said Board, a chair~an, ~ho shall preside at meetings, and.a
secrotary ~ho shall record the ~tnutao, shall bo
B. The advisory board shall have ~he duty of advising the
Board Qn cha affairs of the Unit and shall make racon=nandations
to the Board concerning policies of the.Unit and the Community
Center. The advisory board shall also assist In the preparation
of the Unit's budget and shall advise on the design of the Community
Canter. The exercise of these duties and responsibilities shall ba
conducted within the context of delegation of responsibilities to
the County Manager by law, charter, ordinances or rules and
regulations adopted pursuant thereto.
C. The advisory board shall be subject to §286.011,. Florida
Statutes (the "Sunshine Law") and all meetings of the advisory
b'oard shall be held in accordance with said statute. The minutes
of meetings required by said statute shall be kept by the Clerk of
the Board.
Section 9. Severability.
The provisions of this Ordinance are severable and it is cha
intention to confer the whole or any part of the powers herein
provided for and if any of the provisions of this Ordinance shall
be held unconstitutional by any court of competent lurlsdiction,
the decision of such court shall not affect or impair any of the
remaining provisions of this Ordinance. It is hereby declared to
be the legislative intent that this Ordinance would have been adopted
had such unconstitutional provision not been included therein.
Section 10. Repeal of Previous Ordinance.
Ordinance No. 79-101 is hereby repealed.
Section ll. EmerRency and Effective Date.
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 (4/5) vote of the membership of the Board
does hereby waive notice of.intent to consider this Ordinance.
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of the Board with'the ~epartmcnt of State of
the State of Florida, as soon after enactment as is practicable .
by depositing the same with the postal authorities ~f.tha
Covernment of the United States for special delivery by certified
mail, postage prepaid, to the Florida Department of State..
~is Ordinance shell take effect ~hen a copy has been accepted
by the postal authorities of the Covernment of the United States
for special delivery by certi£iedma£1 to the Florida Department
of State. ,
PASSED AND DULY ENACTED BY FOUR-FIFTHS VOTE OF THE HEMBER-
SHIP OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, this 17th day of June, 1980.
BOARD OF COUNTY COMMISSIONERS
COLLIER COU1TI'Y, FLORIDA
Approved as to form and letal
Collier County Attorney
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original of=
ORDINANCE NO.
which was adopted by the Board of County Commissioners
during Regular Session via emergency procedure on the 17th
day of June, 1980.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of June, 1980.
· WILLIAM J. REACAN
Clerk of Courts and Clerk ,~,1~,.
Ex-officio to Board of .~'~" ,-~.'~:.
County Commissioners
.~ ,w ,: '~ ,.
By.
Virsi~a Magr£, Dep~C.Ierk' ' .'~
.%
This ordinance filed with the Secretary of
State's office on the 23rd day of June, 1980
and acknowledzement of that filing received
this 26th day of Jjjae 1980.
Deputy Clerk