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Ordinance 80-085 AN ORDINANCE OF COLLIER COUNTY~ FLORIDA, CRE- ATING A CENERAL UNINCORPORATED BUNICIPAL SER- VICE TAXING UNIT FOR T~E PURPOSE OF PROVIDING ~J~I. CIPAL SERVICES IN THE ENTIP. E UNINCORPO- RA]~D APdA OF COLLIER COUNTY. CRANTING THE I~I~D OF COUNTY COHHISSIONERS POUR AND AU- THORITY AS TKE COVERRING BODY OF THE UNIT; ~...'GRAFrlNG THE POWER AND AUTHORITY TO -AI~D. ~,EVY SERVICE CHARGES, SFECIAL ASSESSHENTS ~"OR, '.AD VALOREH TAXI~S IN T~ UNIT TO PAY FOR iE$SFdiTIAL FACILITIES AND HI/~IIClPAL SERVICES ~.F~_S~D BY THE COUNTY IN TH]~ UNITs GRANTING '~rH~i_J, PO%'ER AND AUTHORITY TO DETERHINE AHOIJ~ OF AD VALOREH TAXES W]IICIt HUST BE LEV- lED AND COLLECTED IN THE UNIT TO PAY FOR SER- VICES AND PROJECTS PROVIDED OR FURNISHED BY ThE COUNTY II~ TIlE UNIT; DECLARING AN EI~ERCEN- CY TO EXIST AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COHNISSIONERS OF COLLIER COUNTY FLORIDA AS FOLLOWS: Section 1. The Unincorporated County Area Hunicipal Service Taxing Unit - General (the "Unit") is hereby created and established consisting of all of the unincorporated areas of Collier County, Florida, less and except all property laying within the incorporated areas and limits of each of the municipalities located in Collier County, Florida. Section 2. The Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board", shall serve as the governing body of the Unit, and shall exercise those powers, prescribed for such unica by §125.01(q), Florida Statutes. Section 3. The Board shall have the power and the authority to cause to be provided or furnished within said Unit any one or more of the followlng: fire protection, law enforcement, beach erosion control, recreation service and facilities, water, streets, sidewalka~ street lighting, garbage and trash collection and disposal, waste and sewage collection and disposal, drainage, transportation, and other essential facilities and municipal services to be paid for by funds derived fro~ service charges~ special assessments or ad valorem taxes obtained by the County within the Unit. The Board may, in its discretio~, establish additional ~unicipal Service Taxing Units for all or part of the unin- corporated area to provide any of the foregoing either aa an alternate to providing said service through the Unit established hereby~ or to provide supplemental services in such additional units. Section t. The Board sh~ll have the power smd authority to make an annual determination as to the extent to which any one or ~ore of the above-identified essential facilities and municipal services are to be furnished by the County within the Unit durin~ the next fiscal yeer of the County and determine the amount which will be expended therefore by the County. In ~aking said annual determination, the Board shell pro- vide within the Unit. only those essential facilities end municipal services which are of no real or substantial benefit to the residents and property within the municipalities of this County~ and es essential facilities or municipal services which sre of county-wide benefit shall be included. Section 5. Thc Board shall have the power and authority to ~ke annual appropriations of monies for the operation of the Unit and for the providing or furnishing of the services or projects by the County mentioned in Section 3 and I hereof and the po~er and authority to determine and levy service charges, special assessments or ad valorem taxes, to the extent authorized by law, solely within the Unit for the purpose of providing and paying for said services or projects. Section 6. All service charges, special assessments or taxes apportioned to, levied or collected within and expended for the benefit of the Unit, shall be maintained and accounted for in separate accounts or funds for the Unit, with proper accounting records maintained to identify all receipts, expenditures and cash balances for the Unit. Section 7. This Ordinance is being adopted to settle the current dispute between the County and the municipalities therein over "double taxation." In order to effectuate this settlement for FY 1980-81, the i~ediate enactment of this Ordinance is necessary, and the Board there= fore, by affirmative vote of 4/5 of its entire membership, declares that an emergency exists necessitating the im~ediate enactment of this Ordi- nance. Accordingly, this Ordinance shall take effect as provided in §125.66, Florida Statutes for the enactment of emergency ordinances. PASSED AND DULY ADOPTED, By the Board of County Coe~issioners of Collier County, Florida, this the_~~ day of September, 1980. BOARD OF COUFI~ COI~IISSIOI~ERS COLLIER COUNTY, FLORIDA Approved as to rom and legal sufficiency: Collier County Attorney This ordinance filed with the Secretary of State's Office the 9th day of September, 1980 and acknowledgement of that filing received this 12th day of September. BY:~ DAP/rdw/75-I County Attorney's Office m/29/s0 STAT£ OF FLORIDA COUNTY OF COLLIER I, WILLIAM J. REAGAH, Clerk of Courts. in and for the Twentteth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing isa.~ue, ortgtnal of: ORDINANC£ NO. 80-85 which was adopted by the Board of County Commissioners during Regular Session, via emergency procedures, September 2, 1980. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of September, 1980. WILLIAM J. REAGAN Clerk of Courts and Clerk F-x-officio to Board of County Commissioners ~"~---¢.~,~"~ .,,~..~.,..,~..~.~,¢~., ,.,.,,.>~.,\, '1,' ,,/ BY: V~rgin~ Magri, Deputy~Ylerk ,~' ! ";'/I ',',~.'~