Sec. 122-276. - Authority.

This article is adopted pursuant to the provisions of F.S. chs. 125, 165 and 200, and other applicable provisions of law.

(Ord. No. 01-43, § 1, 7-31-01)

Sec. 122-277. - Creation of the municipal service taxing unit.

There is hereby created and established the Vanderbilt Beach Beautification Municipal Service Taxing Unit, hereinafter referred to as "MSTU". The boundaries of the MSTU are as described on the attached Exhibit "A"* that is incorporated herein by reference.

(Ord. No. 01-43, § 2, 7-31-01)

Editor's note—

* Exhibit "A" is not included herein but is available for public inspection in county offices.

Sec. 122-278. - Purpose and governing body.

The MSTU is created for the purpose of: (1) Providing curbing, watering facilities, plantings and maintenance of the median strips and right-of-way edges of roadways within the MSTU; (2) Providing traffic calming improvements, street lighting, and sidewalks within the MSTU; (3) Beautification and maintenance of other public areas within the MSTU as determined by the Advisory Committee; and (4) Providing for the Burial of Power Lines within the MSTU, including providing underground trenching and burial of utility lines from the street or transformer to private residences and, as needed, arranging to locate the burial of such power lines alongside any existing utility easements, as well as, connecting service and/or disconnecting service to the external portions of the residences required as part of converting overhead utility distribution facilities to underground service. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida.

(Ord. No. 01-43, § 4, 7-31-01; Ord. No. 2009-18, § 1; Ord. No. 2009-70, § 1)

Sec. 122-279. - Funding and levy of taxes.

For the purpose of implementing this article, 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. 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 of County Commissioners shall fix and cause to be levied on all properties within the MSTU, subject to taxation, a millage rate not to exceed 0.5 mils per year.

(Ord. No. 01-43, § 4, 7-31-01)

Sec. 122-280. - 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. 01-43, § 5, 7-31-01)

Sec. 122-281. - Creation of the Vanderbilt Beach Beautification Advisory Committee; appointment and composition.

(a)

There is hereby created and established the Vanderbilt Beach Beautification Advisory Committee, hereinafter referred to as the "committee".

(b)

The committee shall consist of five members that generally 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 permanent residents within the MSTU and electors of the county. The Board of County Commissioners shall consider appointment of members from different subdivisions or communities within the MSTU.

(c)

Appointment of members to the committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of 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.

(Ord. No. 01-43, § 6, 7-31-01)

Sec. 122-282. - Terms of office of the advisory committee.

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

(1)

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

(2)

Two members shall be appointed for a term of three years.

(3)

One member shall be appointed for a term of four years.

Thereafter, each appointment or reappointment shall be for a term of four years.

Appointments to fill any vacancies on the committee shall be for the remainder of the unexpired term of office.

(Ord. No. 01-43, § 7, 7-31-01)

Sec. 122-283. - Officers of the advisory committee; quorum; rules of procedure.

(a)

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

(b)

The presence of three 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 meetings, resolutions, 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. 01-455 as amended, or by its successor ordinance.

(Ord. No. 01-43, § 8, 7-31-01)

Sec. 122-284. - Functions, powers and duties of the advisory committee.

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

(1)

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

(2)

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 1 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 the 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 for adoption in accordance with procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the committee fail to approve a budget by June 1 of each year, the county manager or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners.

(3)

The committee shall recommend work programs and priorities to the county manager or his designee in accordance with the adopted budget or budget amendments that 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 law) or by county forces.

(4)

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. 01-43, § 9, 7-31-01)

Sec. 122-285. - Duties of the county manager or his designee.

The duties of the county manager or his designee shall be:

(1)

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

(2)

To prepare the annual budget in accordance with section 122-284, paragraph (2), above.

(3)

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.

(4)

Attend all committee meetings.

(Ord. No. 01-43, § 10, 7-31-01)

Sec. 122-286. - Review process.

This advisory committee shall be reviewed once every four years commencing 2004, in accordance with the procedures contained in Collier County Ordinance No. 01-55, as amended, or its successor ordinances.

(Ord. No. 01-43, § 11, 7-31-01)

Sec. 122-287. - Conversion of overhead utility distribution facilities to underground service.

(a)

The conversion of overhead utility distribution facilities to underground service is intended to provide aesthetic benefits, enhancing both the property values and quality of life of the residents of the MSTU, and would reduce instances of power outages resulting from overhead power lines from both natural and man-made occurrences thereby promoting the health, safety, and welfare of those residents.

(b)

The MSTU shall notify each property owner that the existing overhead utility distribution service will be disconnected for conversion to underground facilities at least sixty (60) days (hereinafter referred to as the "notice") prior to a specified date(s) certain of the actual underground conversion. The notice shall be served by certified mail, addressed to the owner or owners of the property described as their names and addresses are shown upon the records of the county tax assessor, or other such public records filed in Collier County, Florida, and shall be deemed complete and sufficient when so addressed and deposited in the United States mail. In the event such notice is returned by postal authorities, a copy of the notice is to be served by a law enforcement officer, or other lawfully authorized process server, upon the occupant of the land or any agent of the owner thereof. In the event that personal service upon the occupant of the land or upon any agent of the owner thereof cannot be performed after reasonable search by a law enforcement officer or other lawfully authorized process server, the notice shall be served by physical posting on said property.

(c)

Within sixty (60) days from the date of the MSTU's notice that overhead utility distribution facilities are ready to be converted to underground distribution facilities, owners and occupants of property within the MSTU shall allow access to their premises and cooperate with the contractor retained for the project so that the conversion of the overhead facilities underground can be accomplished.

(d)

Whenever overhead utility distribution facilities are converted underground, such facilities shall remain underground and may not thereafter be converted to overhead facilities, except with the prior approval of the governing body, and only in instances necessary to promote the health, safety and welfare of the MSTU residents.

(e)

This section may be enforced by all available means authorized by law. The MSTU, through its governing body, shall take any and all steps necessary to ensure the health, safety and welfare of all residents within the MSTU during the underground conversion of utilities.

(Ord. No. 2009-70, § 2)

Secs. 122-288—122-300. - Reserved.