Ordinance 91-079 ORDINANCE NO. 91- 79
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
87-100, AS ~ENDED, WHICH CREATED THE LELY GOLF
ESTATES BEAUTIFICATION MUNICIPAL SERVICE TAXING
UNIT BY AMENDING SECTION ONE TO INCREASE THE
MILLAGE TO THREE MILLS; AMENDING SECTION TWO
TO INCREASE THE MILLAGE TO THREE MILLS FOR THREE
(3) YEARS AND THEN ONE (1) MILL THEREAFTER;
PROVIDING FOR REFERENDUM ELECTION WITHIN THE
DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners on December 22,
1987 adopted Collier County Ordinance No. 87-100 which crea~ed the
Lely Golf Estates Municipal Service Taxing Unit and provides for
the levy of ad valorem taxes not to exceed one-quarter mill in any
one fiscal year; and
~EREAS, the Board of County Commissioners on June 14, 1988
· adopted Collier County Ordinance No. 88-57 which amends Ordinance
No. 87-100 by increasing the millage to one mill; and
WHEREAS, the Board of County Commissioners has determined
that it is necessary to increase the millage limit within the Lely
Golf Estates Municipal Service Taxing Unit to three mills for
three (3) years and then not to exceed one(l) mill per fiscal
year thereafter.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~ ~~ ·
SECTION ONE. Amendments to Section One-of Collier Co~ty
Ordinance No. 87-~00, as amended.
Section One of Collier County Ordinance No. 87-1~,. as~
amended, is hereby amended to read as follows:
SECTION ONE. Lely Golf Estates Beautification Municipal
Service Taxing Unit Created, B6undaries,
Purposes, Taxing Authority.
There is hereby created the Lely Golf Estates
Beautification Municipal Service Taxing Unit (hereinafter
referred to as the "Unit") with boundaries described as
follows:
~ . All lands within the platted boundaries of Lely Golf
Estates Unit No. 1, as recorded in Plat Book 8, Page 49,
of the Public Records of Collier County, Florida;
Less and except that Westerly Florida Power & Light
Company Easement; and
Words ~-~h~h are deleted; words ~nderl~ne~ are added.
Ail lands within the platted boundaries of Lely Golf
Estates Unit No. 2, as recorded in Plat Book 8, Page 58,
of the Public Records of Collier County, Florida; and
All lands within the platted boundaries of Lely Golf
Estates Forest Hills Section, as recorded in Plat Book
. 10, Page 84, of the Public Records of Collier County,
~ Florida; and
All lands within the platted boundaries of Lely Golf
Estates St. Andrews East, as recorded in Plat Book 10,
Page 98, of the Public Records of Collier County,
Florida;
Less and except Lots 11-12-13, BLock 29; Lots 1-2, Block
30, and Lot 1, Block 31, vacated September 5, 197~,
recorded in Public Records Book 770, Pages 1539-1541;
and
All lands within the platted boundaries of Lely Golf
Estates St. Andrews West, as recorded in Plat Book 10,
Page 93, of the Public Records of Collier County,
Florida;
Less and except that portion of Tract J of the
following:
BEGIN at the Southeast corner of Section 19, Township 50
South, Range 26 East, run North 39"06'20" West, 359.82
feet; thence South 50053'40'' West 473.35 feet to the
Easterly right-of-way line of S.R. 90, U.S. 41 (Tamiami
Trail); thence North 39006'20'' West, along said
right-of-way line 550.00 feet; thence North.50°53'40''
East 604.72 feet to the Easterly boundary line of said
Tract J; thence South 58029'44'' East along said Easterly
boundary of said Tract J 580.78 feet; thence South
2044'35'' West 485.94 feet to POINT OF BEGINNING; and
All lands within the platted boundaries of Pinehurst
Estates, as recorded in Plat Book 12, Page 1 of the
Public Records of Collier County, Florida; and
Lands within the platted boundaries of Lely Golf Estates
Tract Map, as recorded in Plat Book 8, Page 20, of the
'Public Records of Collier. County, Florida, as described
as:
The North 300 feet of Tract A; and
That Parcel as described in Official Records Book 1233,
Pages'2220 and 2221 of the Public Records of Cellier
County, Florida, and being more particularly described
as follows:
Commence at a point where the Southwesterly right-of-way
line of Forest Hills Boulevard intersects the'East line
of Section 19 and run North 44°48'32'' West, along said
right-of-way line, for 675.54 feet to the Northerly most
corner of Lot 7, Block 24 of Lely Golf Estates, Forest
Hills Section as recorded in Plat Book 10, Page 84,
Collier County Records, for the POINT OF BEGINNING;
thence run South 45°11'28'' West for 149.07 feet; thence
North 43°33'59'' West for 128.61 feet; thence North
62°59'42'' West for 51.57 feet; thence North 24"08'16''
West for 51.57 feet; thence North 43"33'59" West for
237.39 feet; thence North 32"04'50'' West for 205.38
feet; thence North 77°23'56".East for 200.27 feet;
2
Wo~ds s~r~R-~h~h are deleted; words underlined are added.
thence South 50"44'51" East for 351.14 feet; thence
South 62"57'15" East for 218.36 feet; thence South
45°11'28'' West for 180.00 feet to the POINT OF BEGINNING
and containing 3.51 acres more or less; and
All of Tract K; and
~ Commence at the Southeast corner of Lot 1, Block 12, of
the plat thereof Pinehurst Estates as recorded in Plat
Book 12, Page 1 of the Public Records of Collier County,
Florida, said point also lying on the North right-of-way
line of Baltusrol Drive; thence along said right-of-way
line South 81"36'30" East 60.00 feet to the POINT OF
BEGINNING of the parcel of land hereinafter described;
thence leaving said right-of-way.line North 8"23'30"
East 20.00 feet; thence South 81"36'30" East 20.0Q feet;
thence South 8°23'30'' West 20.00 feet to the aforesaid
North right-of-way line; thence North 81"36'30" West
20.00 feet to the POINT OF BEGINNING. Containing 400
square feet; and
Commence at the Northeast corner of Lot 38, Block 12, of
the plat thereof Pinehurst Estates as recorded in Plat
Book 12, Page I of the Public Records of Collier County,
Florida, said point also lying on the South right-of-way
of Baltusrol Drive; thence along said right-of-way line
South 81"36'30" East 64.00 feet to the POINT OF
BEGINNING of the parcel of land hereinafter described.;
thence leaving said right-of-way line South 8"23'30"
West 20.00 feet; thence South 81°36'30'' East 20.00 feet;
thence North 8°23'30'' East 20.00 feet to the aforesaid
South right-of-way line; thence North 81°36'30'' West
20.00 feet to the POINT OF BEGINNING. Containing ~400
square feet.
The Unit hereby created and established is for the
purposes of beautifying and maintaining the median strips of
streets and certain other public areas within the Unit as
determined by the Advisory Committee. Said Unit shall haQe
the authority to levy ad valorem taxes as prescribed by law
not %o exceed ~e-~ three (3) mills__in any one fiscal year
for'three ¢3) years and then one ¢1) mill Der fiscal Year
thereafter.
SECTION TWO. A~endments to Section Four of Collier County
Ordinance No..87-100, as amended.
Section Four of Collier County Ordinance No. 87-100, as
amended, is hereby amended to read as follows:
SECTION FOUR. Itemized Budget.
For the purpose of implementing this Ordinance, the
Board of County Commissioners shall annually, at the time
required by general law, make an itemized estimate of the
amount of money required to carry out the business of the
3
Words s~r~R-~h~h are deleted; words underliDe~ are added.
Unit for the next fiscal year, which shall be from October 1
to and including September 30 following. The estimate shall
have for what purpose the monies are required and the amount
necessary to be raised by taxation within the Unit. At the
ite~ 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 property within the Unit
subject to taxation a millage sufficient to meet the purposes
and obligations of the Unit; provided, however, the to~al
millage shall not exceed ~me-~ three (3~ mill~ in any one
fiscal.Year for three C3% years and then one ¢1~ mill Der
fiscal Year thereafter.
SECTION THREE. Amending Collier County Ordinance No. 87-100, as
amended, by adding a Section entitled Referendum
Election.
The following Section is hereby added to Collier County
Ordinance No. 87-100, as amended.
SECTION TEN. Referendum Election.
A referendum election of the aualified electors residinq
in the Unit shall be called by Resolution of the Board of
County Commissioners to determine whother or not the Unit
shall lew a millaqe not to e~ceed three ~3) mills in any one
fiscal year for three ¢3~ Years to provide fundin~ for
beautifvin~ and maintainina the median strips of streets and
¢~rtain other Public areas within the Unit. The ~ualified
e~ors shal~ approve the levy of up to three (3) m~l~s i~
any one fisca~ year for three (3) years and then one (1) mill
Der fiscal year thereafter before the Unit shall have the
authority to cause to be levied up to three (3) mi~s i~ any
one fiscal year for three (3) years on all Droperty within
the Unit.
SECTION FOUR. 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
Words s~ue~-~h~ugh are deleted; words underlined are added.
Ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not be
construed as to render invalid or unconstitutional the remaining
provisions of the Ordinance.
SECTION FOUR. Effective Date.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this z~~ day of ~ ,
1991.
ATTEST~3~_.', BOARD OF COUNTY COMMISSIONERS
..JAMES C. ~'~ILES, CLERK COLLIER COUNTY, FI~DRIDA
~Approved as'-to form and · '
· Assistant County A~orney
3'99
5
Words s~=uek-%h=eugh are deleted; words underli~e~ are added.
~" .STATE OF FLORIDA )
~:"' COUNTY OF COLLIER )
'I, JAMES C. GILES, Clerk of Courts in and for the.
Twentieth. Judicial Circuit, collier County, Florida., do
hereby certify that the foregoing is a true copy of:
Ordinance No. 91-79
which was' adopted by the Board ~of County Commissioners on
the 13th day of August, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board'of.
County Commissioners of Collier County, Florida, this 15th
day of August, 1991.
" -. JAMES C. GILES
Clerk of Courts and Clerk-.-' .. .
Ex-officio to 'Board of '.
Cou~
/Maureen KeWyon
~ Deputy Clerk . .
i" -