Sec. 122-376. - Authority.

This Ordinance is adopted pursuant to the provisions of F.S. ch. 125.01 and F.S. ch. 200, and other applicable law.

(Ord. No. 2009-44, § 1)

Sec. 122-377. - Creation of the municipal service taxing unit.

There is hereby created and established the Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard municipal service taxing unit, hereinafter referred to as "MSTU". The boundaries of the MSTU are as follows: See attached [to Ordinance No. 2009-44,] Composite Exhibit "A," which is incorporated herein by reference.

(Ord. No. 2009-44, § 2)

Sec. 122-378. - Purpose and governing body.

The MSTU is created for the purpose of providing landscaping and sprinkler systems for the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTU will sunset when the project is completed, or in six (6) years, which ever happens sooner.

(Ord. No. 2009-44, § 3)

Sec. 122-379. - Funding and levy of taxes.

For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following, until the project is either completed or when six (6) years is up, which ever comes first. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board shall fix and cause to be levied on all properties within the MSTU subject to taxation a millage rate not to exceed .5 mils per year.

(Ord. No. 2009-44, § 4)

Sec. 122-380. - Tax assessment and collection.

Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes.

(Ord. No. 2009-44, § 5)

Sec. 122-381. - Creation of the Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard MSTU Advisory Committee; appointment and composition.

(a)

There is hereby created and established the Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard MSTU Advisory Committee, hereinafter referred to as the "Committee".

(b)

The Committee shall consist of five (5) members which represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be property owners of Collier County within the MSTU and permanent resident electors of Collier County. The Board of County Commissioners shall consider appointment of members from different parcels, subdivisions and/or the communities within the MSTU.

(c)

Appointment of the members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of the appointment and the term of office.

(d)

Members of the committee shall serve without compensation but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners.

(e)

Committee shall meet on an as-needed basis, but not less than once per year.

(Ord. No. 2009-44, § 6)

Sec. 122-382. - Terms of office of the advisory committee.

The initial terms of office of the Committee shall be as follows:

A.

Two (2) members shall be appointed for a term of two (2) years.

B.

Two (2) members shall be appointed for a term of three (3) years.

C.

One (1) member shall be appointed for a term of four (4) years.

Thereafter each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office.

(Ord. No. 2009-44, § 7)

Sec. 122-383. - Officers of the advisory committee; quorum and rules of procedure.

(a)

At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among its members. Officer's terms shall be for one (1) year, with eligibility for re-election.

(b)

The presence of three (3) or more members shall constitute a quorum of the Committee necessary to take action and transact business.

(c)

The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of the meetings, resolutions, reports and exhibits, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners.

(d)

Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 2001-55, as it may be amended, or by its successor ordinance.

(Ord. No. 2009-44, § 8)

Sec. 122-384. - Functions, powers and duties of the advisory committee.

The functions, powers and duties of the Committee shall be as follows:

A.

To aid and assist the Board of County Commissioners in carrying out the MSTU as set forth in this Ordinance.

B.

To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April 1st of each year, meet with the County Manager or his designee and outline to the County Manager or his designee those projects which the committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Manager or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Manager or his designee to the Board of County Commissioners' policy. Should the Committee fail to approve the budget by June 1st of each year, the County Manager or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners.

C.

The Committee shall recommend work programs and priorities to the County Manager or his designee is accordance with the adopted budget or budget amendments, which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Manager or his designee. Said work may be performed under contract (in accordance with the law) or by County forces.

D.

The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the MSTU, subject to approval by the Board of County Commissioners.

(Ord. No. 2009-44, § 9)

Sec. 122-385. - Duties of the County Manager or his designee.

The duties of the County Manager or his designee shall be:

A.

To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee.

B.

To prepare the annual budget in accordance with Section Nine, Paragraph B. above.

C.

To provide periodic written reports to the Committee, and the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners and/or the Committee.

D.

Attend all Committee meetings.

(Ord. No. 2009-44, § 10)

Secs. 122-386—122-400. - Reserved.