Ordinance 73-20AN OItI~II,'^NC.E E,RTABI,tSIIING gl)]dlNISTI1ATIVE
PROCED[U~I'.' BY %'}IICII 'I'IIE I~M1D OF COtlNTY
CO'.U,:ISSIOXEI~S OF COLLIER COlIN'IT, Fl,el{IDA
1S /':HI>O~I;III:D TO CIlEATE O~ ENI,AI1GE I,IGIITING
DI'RTB1U'?S OS 'I'I'EIII 5lOTION Oil t~PON Iq:;TITIO~
BY O~VNI';H.S ~F ,J')j.OI>E1UI'Y TllllliF, IN; P~OVIDiNG A
EEVERANCE CIJ:ULE AND EffFEC'I'IVE DATE.
I;'IIEItEAS, L~,,h!l .... ':~".'~;trtct.q apo necessary or desirable
the public Interest, a~'e found to i~crease p~-oporty values~
deter crim,.' and adcl to thc pl(:asures of life in Collier County.
NOb', TIlEREFORE, bo it ordained by the BOARD OI,' COUNTY
COMI, IISSIONEltS OF COLLIER COUNTY, FIX~RIDA.
S]~;c'r ION ONE:
1. A new Lighting District may be created, or an existing
Lighting Dtst~'ict enlarged, by motion and tlu'eo (3) affirmative
votes by the Board o.f County Conmtsstoncrs in a regular or
spoctal m,~ettng..or by petition to the Board by 50% plus one (1)
of tile persons owning property within the proposed district, or
area to be added to an existing district,
2. Tho motion or petition ~lmll describe tile territory
wJlhin thc proposed district or addition thereto, and the dts-
(riel il'
3. %¥tthtn thirty (30) (lays tho Clerk shall forward any peti-
tion to tho Tax A~sessor.
4. The 7'ax Assessor shall verify that tho petition is
duly signed by fifty percent (50%) plus one (1) of the property
owner's wlthln the boundaries of the proposed district or area
1:o be added and return the petition to the Clerk of the ~ard of
County Commissioners.
5. Tho Clerk sllall entel' any qualified petition as
Board agenda item.
6. The Board of County Commissioners m~y by motion dil'ec~
the CotH~ty Engineer to prepal'c ~ pl'elIminary report to include
tho following:
a. The boundaries o~ othe~ description sufficient to
identify the property peitttone'd to be included in the
o
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!1
dlstrJct or onlnt'gemont; the ]~ngino(;r'~ recom~neqdatio~s ns
to t(~rritory ~hat should be excluded b~sed upon dispro~or-
tionate cost of pr~viding servlco or other ro{~sons; any
roco,,~mendation t~ include nd(litional terrlto~'y; an e~ti~ate
of lbo cost; an estimate of tho annt~n], expense of maintaining,
roi)airing and operating tho project; and his recommendations
concerning service chnrge~ and the levy of special assessments
for paying all or a part of ~tch expenses.
b. The Eng~.neor's recommendations concerning tho need
for and desirability of tl~e project, the ability of the
affected property to bear tho special assessments and his
opinion concerni, ng:
(1) If all lots and parcels within the proposed
ax'ca will be specially benefited by the proposed project;
(2) If any property which would be specially bono-
fired by s%lch project is not incltld~d t~ tho district;
and
(3) If each lot or parcel, in the district will ]m
specially benefited by such project in ~xcess or the
amount of s~xch special assessments to be levied ~hereon.
c. If tho recommendations are favorable to the creation
or enlargement of the district; a recommended levy of special
assessments against the benefited property, and an estimate
of the amount to be assessed against each front foot ox- other
unit of benefited property.
d. Tho Engineering Report shall be filed with the Clerk
of the Board of County Commissioners.
7. The Clerk may cause notice of a public hearing to be
published .in a newspaper of general circulation in the County at
least twenty (20) (lays before and hold a public hearing upon s~ch
report and the q~estion of the creation or enlargement of said
district.
8. Any person aggrieved by the creation o~' ,~ulargement of
any lJ. ghting district in accordance with this Ordinance shall,
within twenty (20) days appD~l to the Board of County Commissioners
and present ¢,videl',ce supporLing his grievance. Arter ~uch hear-
9. A lighting dj. strict shall be deemed created or enlarged
In accordance with this Ordinance thirty (30) days after the
public hoarti,g thereon, or thirty (30) days after the Board's
decision concerning nn appeal whichever is tho lat¢er.
SECTION TX~'O:
It is the inioni, ion o~ tho County Commission that each
separate provision of this Ordinn;me shall be deemed inclopen-
dent o~ all other provisions herein, and it is further the
intention of the Board of County Commissioners that ii any pro-
visions of this Ordinance bo declared to be invalid, all other
provisions Lhereof shall remain vaZid nnd enforceable.
SECTION ~IREE: Effective Date.
This Ordinance shall take effect am provided by law.
Dated: ~'~?'t/'f:'~, ~ ¢/ ,<75~.~{ BOARD OF CO~ CO~IMISSIONERS
, ' ~) COLLIER COUNTY, FLORIDA
..' ... ~',, , Approvod ns to form and legality:
F~led ~n ~he O~ce of ~he ~ecre~ary of ~a~e
November 13,
~ee letter attached-