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Ordinance 79-104ORDINANCE NO. 79-_10A_ AN EX.~RGENCY ORDINANCE CREATING A MUNICIPAL SERVICE TAXING AND BENEFIT ~{IT TO PROVIDE A WATER UTILITY SYSTEM FOR AN AREA WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY KNOWN AS WILLOUGHBY ACRES; AND MORE PARTICULARLY DESCRIBED HEREIN; ESTABLISHING THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF THE UNIT; PROVIDING THE PURPOSE OF THE UNIT; PROVIDING FOR THE POWER TO LEVY SERVICE CHARGES, SPECIAL ASSESSMENTS OR TAXES WITHIN THE ~IT; PROVIDING FOR THE GENERAL POWERS OF THE GOVE~{ING BODY OF THE UNIT; PROVIDING SEVERABILITY; DECI2%RING ~{ EMERGENCY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Section 1. Findin~s. The Board hereby finds and determines that there is a need for a water utility system in Willoughby Acres for the continued preservation of the health, welfare, convenience and safety of the citizens of this county and more particularly the residents of Willoughby Acres. The construction of such a water utility system is therefore deemed to be in the public interest. Section 2. Creation of the Unit. The unincorporated area of Collier County known as Willoughby Acres, and more particularly described in Section 3 hereof, is hereby established as a Municipal Service Taxing and Benefit Unit pursuant to Chapter 125, Florida Statutes. Section 3. Boundaries of the Unit. The boundaries of the Unit are as follows: The Southwest 1/4 of the Northeast 1/4, and~ the Northwest 1/4 of the Southeast 1/4, and~ the North 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Southeast 1/4, and, the Southwest 1/4 of the Southeast 1/4, and~ the Southeast 1/4 of the Southwest 1/4, and, the Northeast 1/4 of the Southwest 1/4, and, the South 1/2 of the Southeast 1/4 of the Northwest 1/4, and, the South 1/2 of the Southwest 1/4 of the Southwest 1/4, all lying within Section 24, Township 48 South, - Range 25 East, Collier County, Flori~, ~'~ inc~uding all of Willoughby Acres as ~gorded ~ in Plat Book 8 at Pages 24, 25, and 2-§~.~9~ ~.~ the Public Records of Collier County~-~Fi~rida.c,, ~7 Section 4. Purpose.. , This Municipal Service Taxing and Benefit Unit is created for the purpose of providing a water utility system within the boundaries of the Unit. Section 5. GoverninK Body. The governing body of the Unit shall be the Board of County Commissioners of Collier County, Florida. Section 6. Power..go ~evy Service CharKes, Special Assessments, or Taxes within the Unit. The governing body of the Unit pursuant to the authority granted it by the Constitution and statutes of the State of Florida and the law~ of the State of Florida shall have the power to levy ad valorem taxes as may be legal for the purpose of providing and operating a water utility system within 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 anxtual 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 manner 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 and statutes 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 hereiu 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. I~ is hereby declared to be the legisla~ive intent that this Ordinance wou~d have been adopted had such unconstitutional provision not been included therein. Section 9. EmerKency. Be it declared ~hat an emergency exists and the immediate enactment of this Ordinance necessary, therefore, notice requirements are waived and this Ordinance shall take effect immediately upon its placement 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 18th day of DeCe~ber _ , 1979. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Clif~ ~,~d Wenzel, C~irman A~Dr~'J/~'~form & legal sufficiency -' ' ~o~nty Attorney STAT~ OF FLORIDA ) COUNTY OF COLLIER ) I, WILLL~.! 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: ORDI,Ng~NCE NO. 79- 104 which ~as adopted by the Board of County. Commissioners via emergency procedures during Regular Session December 18, 1979. WITNESS my hand and the official seal of the Board of County Co~rissioners of Collier County, Florida, this 18th day of December, 1979. b'ILLL~.{ J. ,REAGAN Clerk Of Courts and Clerk F_x-officio to Board of County Cortmissioners 010 %'.'- Vir£i2~ Vmgri, D?put~lerk '"'- This ordinance filed with the Secretary of State's Office~h~ 26th day of December , 1979 and acknowledgement of that filing recei~d...this 28th day of December, 1979.~ ~..,.~.,.~.~,y '.~. '., Depu t)/~4: ! e rk