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Backup Documents 05/26/2009 Item #17F COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) J7F To: Clerk to the Board: Please place the following as a: ~ Nonnallegal A~vertisement "(DIsplay Adv., locatIOn, etc.) ********************************************************************************************************** o Other: Originating DeptJ Div: ATM- Transportation Division Person: Tessie Sillery Date: 5-6-09 Petition No. (If none, give brief description): On April 14, 2009 the BCC directed staff to bring back an amended Ordinance for the installation of sidewalks and related amenities, beautification and maintenance of areas within the Forest Lakes MSTU as determined by the Advisory Committee. Petitioner: (Name & Address): Darryl Richard, Project Manager, ATM Department, 2885 South Horseshoe Drive, Naples, Florida 34104 Name & Address of an Robert H. Jones, Chairman 1002 Forest Lakes Drive Naples, FL 34105 William Seabury, Vice-Chairman 501 Forest Lakes Blvd., #205 Naples, FL 34105 George Fogg 628 Woodshire Lane, #G-1 Naples, FL 34105 Virginia M. Donovan 1037 Forest Lakes Drive, Naples, FL 34105 Harold Bergdoll 1116 Forest Lakes Blvd. Naples, FL 34105 Hearing before 5-26-09 BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): ~~aPles Daily News 0 Other 0 Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 91-107, AS AMENDED (THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERIVICE TAXING UNIT); AMENDING SECTION ONE, CREATED: BOUNDARIES, PURPOSE, TAXING AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), ifany & proposed hearing date: Does Petition Fee include advertising cost? X Yes 0 No Order # - r..,,~S~151.~3 p 0, Reviewed by: C(/) ~ If Yes, what account should be charged for advertising costs: '-/-5~Ol Dlt:! ss- kf1* (Jtog1Ki Purchase ,j-:". 9i Division Administrator or Designee Date List Attachments: Amending Ordinance DISTRIBUTION INSTRUCTlO:'llS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Mana2er's office will distribute copies: o Requesting Division 0 Original o County Manager agenda file: to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ...****.*******.*...*.......*......**...*.......*...*.............**.*.-..*_...*********.*..********..**.*. FOR CLERK'S OFFICE USE O~Y: /Il'C Date Received: -1-(fi Date of Public hearing:5-2(p-~Pate Advertised: 615~<::j 17F ~, Board of County Commissioners Purchasing Deparbnent 3301 Tamiami Trail E Naples, Florida 34112 Tax Exempt: 85-801262183OC-2 Ci) Send all Invoices to: Board of County Commissioners Altn: Accounts Payable PO Box 413016 Naples, FlorIda 34101-3016 Pure.... Order nllll'lber must IIpp8lII' on all related COI'NSpOI1dence, shipping ...... and 1nYoa.: Purchase order PON_ 4500106855 0<IIIt 0510712009 Vendor' 112533 NAPLES DAILY NEWS DEPTAT~1 ATLANTA GA 31192 >c \ Conl8CI PenIon Tnms A TM Please deliver to: LANDSCAPE MAINTENANCE 2885 SO. HORSESHOE DR. NAPLES FL 34104 0eIMIIy Date: 09130I2OO9 Tenns of Payment Payable immediately Due net Currency use hem MIItaI'IaI 00010 Duet1ptlon Legal Advertisement 'Onhr Qfy Unit 500 each Prfft Pw Unit 1.00 Net VIllus I 500.00 Legal hi for Ordinance .Amel1dl.l8l11 to go before ace on 5I2MJ9 FonIIIt Lakes MSTU ~lnJ~Il)! ... Total net value exel. tax use 500.00 I VENDOR Terms and CondJtlons The VENDOR agrees to comply with all Pun:hase Order T8I1TI& and Conditions as outlined on the Collier County Purchasing Internet site: http://www.coIl1ergov.netJlndex.aspx?page=762 (revision date 01122J2O(8), Including delivery and payment terms. Further the VENDOR agrees to: 1. Provide goods and services outlined in this Pun:hase Order with the prices, terms, delivery method and specilIcalions listed above. 2. Notify department Immediately if order fulfilment camot occur as specified. 3. Send aU invoices to: Board of County Commissioners Altn: Accounts Payable PO Box 413016 Naples, Florida 34101-3016 The Purchase Order is authorized under direction of Coller County Board of County Commissioners by: k If ~ Stephen Y. Carnell, General Services 'Purchasing Director Prinllld FIl _ 08 2001 08:38:51 GMT.0400 159-162523-e49100 "-1011 17F 'J ORDINANCE NO. 2009- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 91-107, AS AMENDED (THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION ONE, CREATED: BOUNDARIES, PURPOSE, TAXING AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 1991, the Board of County Commissioners adopted Ordinance No. 91-107, establishing the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (the "MSTU"); and WHEREAS, the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Advisory Committee requested that the Board of County Commissioners amend and revise Section One of Collier County Ordinance No. 91-107, as amended, to include the installation of sidewalks and for beautification within the MSTU; and WHEREAS, on May 26, 2009, the Board of County Commissioners as the governing body of the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit approved the amendment to Ordinance No. 91-07. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE 91-107, AS AMENDED. Section One is hereby amended to read as follows: SECTION ONE. Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Created: Boundaries, Purpose, Taxing Authority. Underlined words are added; Struck Through words are deleted. 17F .. ;" 1. There is hereby created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (hereinafter referred to as the "unit") with boundaries described as follows, to wit: A tract ofland in Section 14, Township 49 South, Range 25 East, Collier County, Florida described as follows: Commencing at the northwest corner of said Section 14, run S. 000 19' 00" W along the west line of said Section 14 for 50.00 feet to the POINT OF BEGINNING, said point being on the Southerly Right-of-way line of State Road S-896 (Pine Ridge Road) and being the Northwestern most corner of the Forest Lakes Homes as recorded in Plat Book 12, Pages 41 - 46 in the public records of Collier County, Florida; thence run East, along said Right-of-way line for 1275.27 feet to a point on the Western right-of-way of Forest Lakes Boulevard; thence continuing along said Right-of-way of SR S-896, East for 1,372.88 feet to the North 1/4 comer of Section 14; thence continuing along said Right-of-way N. 890 59' 40" E for 1,323.81 feet to a point on the East line of the Northwest 1/4 of the Northeast 1/4 of said Section 14 and being the Eeastern Right-of-way of W oodshire Lane; thence leaving SR S-896 and run along the Eastern Right-of- way of Woods hire Lane and the East line of the Northwest 1/4 of the Northeast 1/4 of said Section 14, S 000 04' 18" E for 749.54 feet to a point of curvature of said road; thence leaving said road and continuing along said line, S 000 04' 18" E for 512.50 feet to the Southeast comer of the Northwest 1/4 of the Northeast 1/4 of said Section 14; thence along the South line of the Northwest 1/4 of the Northeast 1/4 S 89048' 47" W for 512.50 feet to a point on the Southern Right- of-way of Woods hire Lane; thence continuing along said line S 89048' 47" W for 811.38 feet to the North-South 1/2 line of said Section 14; thence along the Eastern Right-of-way of Woodshire Lane and the North-South 112 line S 000 01' 23" E for 2,508.87 feet to a point; thence leaving said line S 890 39' 24" W for 21.59 feet to a point, said point being the Southeasterly most comer of Forest Lakes Homes as recorded in Plat Book 12, Pages 41--46 in the public records of Collier County, Florida; thence S 890 39' 24" W for 476.79 feet to a point of curvature; thence 221.52 feet along the arc of a curve, concave to the Southeast, having a radius of 667.29 feet and subtended by a chord having a length of 220.51 feet and bearing S 80008' 46.5" W to a point of tangency; thence S 70038' 09" W for 78.45 feet to a point of curvature; thence 990.66 feet along the arc of a curve, concave to the Northeast, having a radius of 1,250.00 feet and subtended by a chord having a length of 964.94 feet and bearing N 860 39' 35.5" W to a point of reverse curvature; thence 829.00 feet along the arc of a curve, concave to the South, having a radius of 900.00 feet and subtended by a chord having a length of 800.00 feet and bearing S 890 39' 24" W; thence S 89038' 30" W for 64.95 feet to a point on the West line of Section 14, said point being the Southwestern most comer of Forest Lakes Homes subdivision; thence N 020 15' 35" W along said West line for 1,195.80 feet to the West 1/4 comer of Section 14; thence 2 Underlined words are added; Struck Through words are deleted. 17F continuing along said West line N 000 19' 00" E for 2,595.97 feet to the POINT OF BEGINNING. (2) The unit hereby created and established is for the purpose of providing, installing and maintaining improved roadway lighting, traffic control signage and devices, the installation of sidewalks and related amenities. beautification and maintenance of areas within the MSTU as determined by the Advisory Committee. and roadway-related drainage and roadway restoration within the area of the Unit;. and to that end shall possess all the powers to do all things reasonably necessary in connection therewith. The initial improvements hereunder shall be within that area depicted on Exhibit "A" attached hereto and shall include: A. Complete restoration of roadway including: 1. Existing road bed mixed in place. 2. Prime and cover. 3. 2" of asphalt pavement surface course. 4. Installation of necessary drainage pipe. B. Providing pump and force main for drawdown of lake surface and off-site discharge to enable improved roadway drainage. C. Maintenance of such improvements, as required. Said unit shall have the authority to levy ad valorem taxes as prescribed by law not to exceed four mil in anyone fiscal year. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 3 Underlined words are added; Struck Through words are deleted. 17F :1 separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OFLA WS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida this 26th day of May, 2009 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: Donna Fiala, Chairman Approved as to form and Legal sufficiency: (it' Scott R. Teach Deputy County Attorney 4 Underlined words are added; Struck Throul;ili words are deleted. * N 1- ~ ED ~ ~ - EXHIBIT .. A" I~ RID4E: g,OAD .. ~ pt.,opos.! D AA:!:A of' V RoAO"""''''' RfJTa-=ATIO!LE!] r EJ ~ : ([!) ~~ J . I" I "" 1-,,1 fI~,.,," EJ . .,'.. ~ r--'- ,..: L I I ~ '___..I r-' 11. ~ ~ I 1__"'\ g f50 rAGE GOLF If.e tI'" FAIRWA'I' FORtS T GARDEN VILL \5 CONDO ~ :1 , ~ UJ ~ I (I) . ,..~.J ex: .. :::> ",1)" 0 I .. .. () I " .. tJ.. ~ ...J ~ ~ 0 : ~ "",,. II., I ,,..." ., <>'0 <.(\ 17F Account #068784 May 11,2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 RE: Ordinance Amending Collier County Ordinance No. 91-107 Dear Legals: Please advertise the above referenced notice on Friday, May 15,2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann J ennej 000, Deputy Clerk P.O. #4500106855 17F NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 26, 2009 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 91-107, AS AMENDED (THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION ONE, CREATED: BOUNDARIES, PURPOSE, TAXING AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 17F DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk ( SEAL) May 11,2009 i)eo;~tyMMOfCQ IIi er CLERK OF THEC>IRCtJIT COURT COLLIER COUNTY ,COURT,HOUSE 3301 TAMIAMI tHAIL EAST Po. BOX 413044 NAPLES, FLORIDA']4101-3()44 17F Dwight E. Brock Clerk of Courts ;.L ",,'!C' Clerk of Courts Accountant Auditor Custodian of County Funds '} .'" Robert H. Jones, Chairman Forest Lakes MS TU 1002 Forest Lakes Drive Naples, FL 34105 Re: Amending Ordinance No. 91-107: The Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 26, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples' Daily News on Friday, May 15, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (1w \~a(. Ann J enne}Jn, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com 17F , May 11,2009 'eow.pty~:ple'() llier CLERK OF THE CIRCUIT COURT f \ COLLIER COUNTY COURTHOUSE 3301 TAMIAMI T8AIL EAST P.O. BOX 413044 NAPLES, FLORIDA14101-3Q44 ,/ i. tr.:',: Clerk of Courts Accountant Auditor Custodian of County Funds Dwight E. Brock Clerk of Courts William Seabury Forest Lakes MSTU 501 Forest Lakes Blvd. #205 Naples, FL 34105 Re: Amending Ordinance No. 91-107: The Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 26, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, May 15,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK CLue ~tO,(. Ann Jennejohri, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com May 11,2009 '. eOW.p!Y~~9f-CQ llier CLERK OF THEtIRCtJIT COURT . , COLLIER COUNTY .tOURTHOUSE 3301 TAMIAMI t~IL EAST P.O. BOX 4 \,3044 NAPLES, FLORIDA 34101-3044 , '~.. >!t{" 17F .~ Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds George Fogg Forest Lakes MSTU 628 W oodshire Lane #G-l Naples, FL 34105 Re: Amending Ordinance No. 91-107: The Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 26, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, May 15,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK C/..uM- ~ 0,( , Ann Jennejohn, I 0 Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com ,._N~~<"~~'-'"_'~"C_'^'__^'''._'-''', f7F .. May 11,2009 COl!l;n!y'~6f'C'o llier CLERK OF THE Gl.RCDIT COURT COLLIER COUNTY,COURTHOUSE 330 I TAMIAMI "$AIL EAST P.O. BOX 413044 NAPLES, FLORIDA'~,4101-3044 f~, , ;'If: Clerk of Courts Accountant Auditor Custodian of County Funds Dwight E. Brock Clerk of Courts Virginia M. Donovan Forest Lakes MSTU 1037 Forest Lakes Drive Naples, FL 34105 Re: Amending Ordinance No. 91-107: The Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 26, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, May 15, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK =o~~ D.L' Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com May 11,2009 ", COW,e!y~'pfeqllier CLERK OF THE ClRC\JIT COURT COLLIER COUNTVCOURTHOUSE 330 I TAMIAMI t~AIL EAST P.O. BOX 4t3044 NAPLES, FLORIDA~4101-3<)44 , "'I\:; 17F ~, Dwight E. Brock Clerk of Courts ~";. tr'~" Clerk of Courts Accountant Auditor Custodian of County Funds Harold Bergdoll Forest Lakes MS TU 1116 Forest Lakes Boulevard Naples, FL 34105 Re: Amending Ordinance No. 91-107: The Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 26, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, May 15,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK CttuL ~ O~ . Ann Jennejohn, U 0 Deputy Clerk Enclosure Phone (239)252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Hi. 17F .t Please advertise the attached on Friday, May 15,2009. Thank you, Amending dinance 91-107.doc Ann P. Jennejohn Clerk to the Board Minutes and Records Department 239-252-8406 Fax: 239-252-8408 ann. ienne iohn@collierclerk.com II.MEND 91-107.doc (26 KB) Ann P. Jennejohn 17F From: Sent: To: Subject: postmaster@collierclerk.com Monday, May 11, 2009 3:37 PM Ann P. Jennejohn Delivery Status Notification (Relay) Attachments: A TT138061.txt; Amending Forest Lakes MSTU Ordinance 91-107 r~."~.,1' l.i:J [':::-:;1 L:::J ATT138061.txt (231 B) Amending Forest Lakes MSTU Ord... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 17F Ann P. Jennejohn From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Tuesday, May 12, 2009 8:53 AM Ann P. Jennejohn RE: Amending Forest Lakes MSTU Ordinance 91-107 ok -nnOriginal Message----- From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Posted At: Monday, May 11, 2009 3:37 PM Posted To: Legals - NDN Conversation: Amending Forest Lakes MSTU Ordinance 91-107 Subject: Amending Forest Lakes MSTU Ordinance 91-107 <<Amending Ordinance 91-107.doc>> <<AMEND 91-107.doc>> Hi, Please advertise the attached on Friday, May 15, 2009. Thank you, Ann P. Jennejohn Clerk to the Board Minutes and Records Department 239-252-8406 Fax: 239-252-8408 ann.j ennejo hn@collierclerk.com Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 17F Ann P. JenneJohn From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Tuesday, May 12, 2009 8:58 AM Ann P. Jennejohn Ad Confirmation Attachments: UAS80.jpg !il UAS80.jpg (74 KB) OTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 26,2009 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 91-107, AS AMENDED (THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION ONE, CREATED: BOUNDARIES, PURPOSE, TAXING AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DA TE. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based, If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann J ennejohn, Deputy Clerk (SEAL) 1 May 15 No1798465 17F Thank you for placing your ad. Date 05/12/09 Publication NDN Ad Number 1798465 Total Ad Cost $374.90 Emely 2 NOTICE OF PUBLIC HEARIN;G '7 .. NotIce is hereby given tl'lat the Board of count1-' J., Commissioners of Collier County will hold a publIC' hearing on Tuesda:)'1 May 26t 2009 in the Boardroorr1t 3rd Floor, Ad, ministration Building, CoWer County Governrnent Center! 3301 East Tam/ami Tratl, Naples, Florida. The meeting w.ill begin at9:00 A~M. The title of the proposed ordinance is as follows: AN ORDJNANCEAMENDING COLLIER COUNTY ORDI. NANCE 91.107. AS AMENDED (THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT): AMENDING SECTION ONE. CREATED: BOUNDARIES, PURPOSE. TAXING AUTHORITY; PRO- VIDING FOR CONFLICT AND SEVERABILITY: PROVID- ING FOR INCLUSION I N THE CODE OF LAWS AND OR- DINANCES; AND PROVIDI NG FOR AN EFFECTIVE DATE. NOTE: All Persons wishing to speak on any agenda item must register with the C;ounty Administrator prio r to presentation of the agenda item to be ad- dressed. Ind,ividual speakers will be limitedto 5 minutes on any item. The selectIon of an individual to speak on behalf of an organ ization or group is encouraged. If recognized by the Chair. a spokes- pel"son for a group or orgarlization may be allotted 10 mInutes to speak on an Item. Persons Wishing to have wrrtten or graphiC maten- als included in the Board agenda packets must submit said material a minimum of 3 Weeks prior to the respective public hearing. In any easel written materials intended to be considered by the Board shall be subm'rtted t<:. the apPropriate County staff a minimum of seven days prior to the public hear- ing. All material used in presentations before the Board will become a penllanent part of the record. Any person who decides to cwpeal a deds ion of the Board wi II need a record of the proceedings per- taining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in .order to partiCipate in this pro- ceedIng; you are ent1tled. at no cost to you. tp the provision .of certain assistance. Please contact the Coil ier County Facllltles Mana.gen"K!nt Dep.artrnent, located at 3301 Tal11ia.mi Trail E,ast. BUilding W. Naples, Florida 34112, (239) 252-8380. Assisted lis- tening devices for the hearing impajred are avail- able 1n the County Commlssi.oners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA. CHAIRMAN DWIGHT E. BROCK. CLERK By: Ann Jennejohn. Deputy Clerl< (SEAL) May 15 f ., N01798465 Naples Daily News Naples, FL 34102 17F Affidavit of Publication Naples Daily News - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - BCC/CDES BUDGET OFFICE S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068784 59576463 P.O. #4500106855 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/15 05/15 AD SPACE: 130 LINk' FILED ON: 05/15/09 Slg~atur: -~:-~:f:~~t.. - - - "11~fiA-ikfi~ . - - u - - - ---- _u -. - ---- Sworn to and Subscribed before me this I C( day of l.(YYrLt 20CYl (" t. (\ C ~ '"", c'" '. 11 -----, \ (\ \. I... >! - ,,' \ 1 I 1,- jO-, C'\ _"-~{~ CHANEL I'" MCDU"L'- Commission DO 65047: Expires J.une 29, 201:, , ~0nd~{J n'!1J I fOy FrW1Insycr.JIl,-& fl,,,/'. .t'.. , Personally known by me f::r~\-&'~\~:'N{~~~:~ :;..-,' ....;: -~....~- - '(j, ~'l,~::(h:;~~~~~~ 17F '.~r, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be fOlwarded to the Board OtTice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exc tion of the Chairman's si ature, draw a line throu h routin lines #1 throu #4, co lete the checklist, and forward to Sue Filson line #5 . Office Initials Date 2. 3. 4. Scott R. Teach, Deputy County Attorney County Attorney 5. Sue Filson, Executive Manager OMB OS/27/09 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the item. Name of Primary Staff Tessie Sillery Contact Agenda Date Item was OS/26/09 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Ordinance No. Nunlber of Original Documents Attached 252-5840 17F Yes (Initial) SRT INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is appropriate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on Mav 26. 2009 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. N/A SRT SRT SRT 2. 3. 4. 5. 6. I: Forms/ County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 (<T11atter _ numbem/ <<document_number>> 17 F k'4 ORDINANCE NO. 2009- 28 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 91-107, AS AMENDED (THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION ONE, CREATED: BOUNDARIES, PURPOSE, TAXING AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 1991, the Board of County Commissioners adopted Ordinance No. 91-107, establishing the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (the "MSTU"); and WHEREAS, the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Advisory Committee requested that the Board of County Commissioners amend and revise Section One of Collier County Ordinance No. 91-107, as amended, to include the installation of sidewalks and for beautification within the MSTU; and WHEREAS, on May 26, 2009, the Board of County Commissioners as the governing body of the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit approved the amendment to Ordinance No. 91-07. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE 91-107, AS AMENDED. Section One is hereby amended to read as follows: SECTION ONE. Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Created: Boundaries, Purpose, Taxing Authority. Underlined words are added; Struck Through words are deleted. 17F 1. There is hereby created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (hereinafter referred to as the "unit") with boundaries described as follows, to wit: A tract ofland in Section 14, Township 49 South, Range 25 East, Collier County, Florida described as follows: Commencing at the northwest comer of said Section 14, run S. 000 19' 00" W along the west line of said Section 14 for 50.00 feet to the POINT OF BEGINNING, said point being on the Southerly Right-of-way line of State Road S-896 (Pine Ridge Road) and being the Northwestern most comer of the Forest Lakes Homes as recorded in Plat Book 12, Pages 41 - 46 in the public records of Collier County, Florida; thence run East, along said Right-of-way line for 1275.27 feet to a point on the Western right-of-way of Forest Lakes Boulevard; thence continuing along said Right-of-way of SR S-896, East for 1,372.88 feet to the North 1/4 comer of Section 14; thence continuing along said Right-of-way N. 890 59' 40" E for 1,323.81 feet to a point on the East line of the Northwest 1/4 of the Northeast 1/4 of said Section 14 and being the Eeastern Right-of-way of W oodshire Lane; thence leaving SR S-896 and run along the Eastern Right-of- way of Woodshire Lane and the East line of the Northwest 1/4 of the Northeast 1/4 of said Section 14, S 000 04' 18" E for 749.54 feet to a point of curvature of said road; thence leaving said road and continuing along said line, S 000 04' 18" E for 512.50 feet to the Southeast comer of the Northwest 1/4 of the Northeast 1/4 of said Section 14; thence along the South line of the Northwest 1/4 of the Northeast 1/4 S 89048' 47" W for 512.50 feet to a point on the Southern Right- of-way of Woodshire Lane; thence continuing along said line S 89048' 47" W for 811.38 feet to the North-South 1/2 line of said Section 14; thence along the Eastern Right-of-way of Woods hire Lane and the North-South 1/2 line S 000 01' 23" E for 2,508.87 feet to a point; thence leaving said line S 890 39' 24" W for 21.59 feet to a point, said point being the Southeasterly most comer of Forest Lakes Homes as recorded in Plat Book 12, Pages 41--46 in the public records of Collier County, Florida; thence S 890 39' 24" W for 476.79 feet to a point of curvature; thence 221.52 feet along the arc of a curve, concave to the Southeast, having a radius of 667.29 feet and subtended by a chord having a length of 220.51 feet and bearing S 800 08' 46.5" W to a point of tangency; thence S 70038' 09" W for 78.45 feet to a point of curvature; thence 990.66 feet along the arc of a curve, concave to the Northeast, having a radius of 1,250.00 feet and subtended by a chord having a length of 964.94 feet and bearing N 860 39' 35.5" W to a point of reverse curvature; thence 829.00 feet along the arc of a curve, concave to the South, having a radius of 900.00 feet and subtended by a chord having a length of 800.00 feet and bearing S 890 39' 24" W; thence S 890 38' 30" W for 64.95 feet to a point on the West line of Section 14, said point being the Southwestern most comer of Forest Lakes Homes subdivision; thence N 020 15' 35" W along said West line for 1,195.80 feet to the West 1/4 comer of Section 14; thence 2 Underlined words are added; Struck Through words are deleted. 17F ~~11 continuing along said West line N 000 19' 00" E for 2,595.97 feet to the POINT OF BEGINNING. (2) The unit hereby created and established is for the purpose of providing, installing and maintaining improved roadway lighting, traffic control signage and devices, the installation of sidewalks and related amenities. beautification and maintenance of areas within the MSTU as determined by the Advisory Committee. and roadway-related drainage and roadway restoration within the area of the Unit; and to that end shall possess all the powers to do all things reasonably necessary in connection therewith. The initial improvements hereunder shall be within that area depicted on Exhibit "A" attached hereto and shall include: A. Complete restoration of roadway including: 1. Existing road bed mixed in place. 2. Prime and cover. 3. 2" of asphalt pavement surface course. 4. Installation of necessary drainage pipe. B. Providing pump and force main for drawdown of lake surface and off-site discharge to enable improved roadway drainage. C. Maintenance of such improvements, as required. Said unit shall have the authority to levy ad valorem taxes as prescribed by law not to exceed four mil in anyone fiscal year. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 3 Underlined words are added; Struck Through words are deleted. 17 FllI separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OFLA WS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida this 26th day of May, 2009 ATTES\F: . . .. ~ DW16H E. BROC~) Clerk f:~' :'," , ' ,", ',',,;, , ~~ ~lerItt, . .talt':;._,~""'" ItlNtw.' oalj~""" · UNTY COMMISSIONERS COUNTY, F~D!- By: ~.. <::>':.L~. Donna Fiala, Chairman Approved as to form and u!:;tkL Scott R. Teach Deputy County Attorney 4 Underlined words are added; Struck Through words are deleted. OONO:) S\ '"\I^ NJOll..!) iSJIIO.:l .....MIII....:I ::I'O~ 17F . J. ..h i l!:D'fiiClI.LIf=-o.LU~ .J.\"""O~~ ~ )-0 \:f3lY 07~DJdld ", s' C] lfo'Cf "'3 t;)Q I~ - .. 'V.. 1.181HX3 - N 4 -, 17F i STATE OF FLORIDA) COUNTY OF COLLIER) 1/ DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-28 Which was adopted by the Board of County Commissioners on the 26th day of May, 2009/ during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of May, 2009. DWIGHT E. BROCK Clerk of Courts and tlerk Ex-officio to Boardpf' County Commissioners " 7~~,,':j ;-:':.l.J' /'- ,'..','.,....~",',."," . . >';: -: '. .'",. . ; Z;' { ~, ~..' /.. ,.' :. .' By: Martha Deputy . 1