Ordinance 79-103OKDINANCE NO. 79- 105
AN EMERGENCY ORDINANCE CREATING A MUNICIPAL S. iRVICE
TAXING AND BENEFIT UNIT TO PROVIDE A MEANS TO, RAISE
THE FUNDS NECESSARY TO PAY FOR FINAL ENGINEE~N.G~
PLANS AND SPECIFICATIONS FOR A SEWAGE COLLECTjQN~_
SYSTEH FOR AN AREA IN COLLIER COUNTY KNONN A~SF, I~K
AREA "B" SOUTH HALF (EAST NAPLES) AND MORE PAI%T~c
CULARLY DESCRIBED HEREIN; ESTABLISHING THE BOA~.
OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS' TH~
GOVERNING BODY OF THE UNIT; PROVIDING THE PURPOSE
OF TEE UNIT; PROVIDING FOR THE POWER TO LEVY;,~ ':"~
SERVICE CHARGES, SPECIAL ASSESSMEI~S OR TAXES
WITHIN THE UNIT; PROVIDING FOR THE GENEPJtL PDWERS
OF THE GOVERNING BODY OF TEE UNIT; PROVIDING
SEVERABILITY; DECLARING AN EMERGENCY AND PROVIDING
AR EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA that:
Section 1. ~in.din~s.
1. The Board of County Commissioners as the Board of
County Commissioners and as governing board of County Water-
Sewer District has found hereby and determined that there is
a need for the construction of a sewage co~lection system
for the purpose of providing for the continued preservation
of health, welfare, convenience and safety of the citizens
of this County and more particularly the residents in the
area of Collier County known as Sewer Area "B" South Half
(East Naples).
2. The cost of the system is such that the assessments
necessary for the construction would be a financial burden
to many of the residents of this Unit unless federal or
state grants can be obtained to allay part of the cost.
3. In order to be eligible for such grants as may be
or become available, it is necessary to prepare final
engineering plans and specifications and to pay the com~ of
such plans and specifications from taxes collected witch
the Unit which will benefit from such plans.
Section 2. Creation of the Unit.
The unincorporated area of Collier County known a~
Sewer Area "B" South Half (East Naples), and more particularly
described in Section 3 hereof, i8 hereby establishe~ as a
Municipal Service Taxing an~ Benefit Unit pursuant to
Chapter 125, Florida Statutes.
Section 3~ Boundaries of the Unit.
The boundaries of the Unit are as follows:
The Southerly portion of Sections 1 and 2
and all of Sec=ions 11, 12, 13, lA and 23
of Township 50 South, Range 25 East. of
Collier County, Florida, bounded on the
North by Rock Creek, bounded on the West
by Royal Harbor Subdivision, bounded on
the South by Holly Avenue and bounded on
the East by the EasteTn edge of Lakewood
Subdivision.
Section 4. ~.
This Municipal Service Taxing and Benefit Unit is
created for the purpose of providing a means to raise
the funds necessary to pay for final engtneerinE plans
and sp,cifica~ions for constructing a uewaEe collection
system within the boundaries of the Unit.
Section 5. Governin~ Body.
The governing body of the Unit shall be the Board of
County Commissioners of Collier County, Florida.
Section 6. Power to Levy Service ~harKes,..Special Assessments,
or Taxes within the pnit.
The governing body of the Unit pursuant to the authority
granted i= by the Constitution and statutes of the State of
Florida and the laws of the State of Florida shall have the
power to levy ad valorem taxes, service charges, and special
assessments as may be authorized by law in order to carry out
the purposes of the Unit. Said taxes shall be levied and a
budget prepared or adopted by said Board at the same 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 at the same time and in the same ~nner as
the assessment, levy, collection, remittance and accountability
of taxes by said Board as provided by law.
Section 7. General Powers. The governing body of the Unit
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 of the State
of Florida and the Laws of the State of Florida granted to
counties and shall have all powers not otherwise prohibited
by law.
Section 8. Severability. The provisions of this Ordinance
are severable and it is the 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 Jurisdiction, 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 9. EmerKenc¥. Be it declared that an emergency exists
and the immediate enactment of this Ordinance is necessary,
therefore, notice requirements are waived and this Ordinance
shall take effect immediately upon its placemen~ in the United
States mail to the Secretary of State.
Section 10. Effective Date. This Ordinance shall become
effective immediately upon adoption and filing as provided
by law.
PASSED AND DULY ADOPTED this 18thday of December ,
1979.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Cliff,S_ Wenzel, C~irman
App~~orm.& l~e,~ol suffic;ency
(~_.,~,- -3r -C..~unty Attorney
This ordinance filed with the Secretary of State's Office the 26th day
of D~:ember, 1979 and acknowledgement of that filing received this 28th
da), o~f/~cember, 1979.
STATE OFIF~ORIOA )
COUNTY OFiCOLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, F)orid~, do hereby
certify that the' foregoing i~ a true original
ORDINANCE NO. 79-103
which was adopted by the Board of County Commissioners durfng
Regu'lar Session December 18 , 3979. viaemergencyp~m:eduzes.
WITNESS my hand and the official seal of the' goard of County
Commissioners of Collier County, F)orida, t~is"~.lArh day of
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-officfo to B"oard of
County Commissioners