Ordinance 2009-28
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~Oj R[CBVfn %\ ORDINANCE NO. 2009- 28 _
C'.I JUN [lJ t,J~
~ 2009 ~ N ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
~ $/ 1-107, AS AMENDED (THE FOREST LAKES ROADWAY AN~
~~ ~...'Ot;/ DRAINAGE MUNICIPAL SERVICE TAXING UNIT); AMENDING
~c?'Z't~oz~ SECTION ONE, CREATED: BOUNDARIES, PURPOSE, TAXING,
-- AUTHORITY; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LA WS 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.
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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 of land 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 corner of Section 14; thence continuing along said Right-of-way N.
89059' 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 ~eastern 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 corner 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 890 48' 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 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 of220.51
feet and bearing S 80008' 46.5" W to a point of tangency; thence S 700 38' 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 corner of Section 14; thence
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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
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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 DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 26th day of May, 2009
BOARD OF UNTY COMMISSIONERS
OF COLL COUNTY, FL9RID~
By: ~ ~~
Donna Fiala, Chairman
Approved as to form and
Le!:J?;PL
Scott R. Teach
Deputy County Attorney
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ThIs ordinance filed with the
Sec:tttary of Stote's Office the
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and acknowledgement of thot
filing received ttJis ~ day
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Underlined words are added; Struck Through words are deleted.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, 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 andtlerk
Ex-officio to Boar~9t.
County Commissioners
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By: Martha
Deputy
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