Ordinance 91-104 ORDINANCE NO. 91- l(;& m
& ~/~\ AN ORDINANCE REPEALING COLLIER COUNT~
~ ~ORDINANCE NO. 91-79 AND AMENDING COLLIE~
~ ~\COUNTY ORDINANCE NO. 87-100, AS AMENDED, WHICH~ ~O 7--
~%u__~.~ ~tCREATED THE LELY GOLF ESTATES BEAUTIFICATIO~ ~ Ur]
~ ~MUNICIPAL SERVICE TAXING UNIT BY AMENDIN~-
--~__~.~a--~-- '-'~/SEOTION ONE TO INCREASE THE MILLAGE TO ONE
AN~
~~ ~?/ONE-HALF~-/ MILLS; AMENDING SECTION TWO T~
~/~ INCREASE THE MILLAGE TO ONE AND ONE-HALF
%~' MILLS; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners on December 22,
191~7 adopted Collier County Ordinance No. 87-100 which created the
Lely Golf Estates Beautification Municipal Service Taxing Unit and
provides for the levy of ad valorem taxes not to exceed
on,~-quarter mill in any one fiscal year; and
WHEREAS, the Board of County Commissioners on June 14, 1988
adopted Collier County Ordinance No. 88-57 which amended Ordinance
No. 87-100 by increasing the millage to one mill; and
WHEREAS, the Board of County Commissioners on August 13, 1991
adopted Collier County Ordinance No. 91-79 which provided
au':hority for the M.S.T.U. to levy ad valorem taxes not to exceed
thi~ee (3) mills in any one fiscal year for three (3) years and
th,~n one (1) mill per fiscal year thereafter subject to a
referendum favoring this action; and
WHEREAS, the Lely Golf Estates Beautification Advisory
Co:~mittee re-evaluated the M.S.T.U. needs and has recommended that
Or,~inance No. 91-79 be rep¢~aled and that Ordinance No. 87-100 be
fucther amended to authorize a maximum allowable tax levy in any
on~ fiscal year not to exceed 1-1/2 mills; and
WHEREAS, the Board of County Commissioners has determined
that it is appropriate to repeal Ordinance No. 91-79 and to
increase the millage limit within the Lely Golf Estates Municipal
Services Taxing Unit to one and one-half (1-]/2) mills in any one
fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLI~R COUNTY, FLORIDA, that:
SECTION ONE. Repeal of Collier County Ordinance No. 91-79.
Words s%=u=k-~h=~ugh are deleted; words upd~rliBeg are added
collier County Ordinance No. 91-79 is hereby repealed in its
entirety.
SE~ION TWO. Amendment to Section One of the Collier County
Ordinance No. 87-100, as amended.
Section One of Collier County Ordinance No. 87-100, as
amended, is hereby amended to read as follows:
SECTION ONE. Lely Golf Estates Beautification Municipal
Service Taxing Unit Created, Boundaries,
Pu~)oses, 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
All 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, 1978,
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, z~/n North 39006'20'' 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
Tr;%il); thence
North 39o06'20'' 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 ~'ract J; thence South
58o29'44'' East along said Easterly.' boundary of said
Tract J 580.78 feet; thence South 2c44'35'' West 485.94
feet to POINT OF BEGINNING; and
Wor~s ~t~u~-th~ou~h are deleted; words ugderlin~ are added.
Ail 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 Collier
~ 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 44o48'32'' 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 POINT OF BEGINNING; thence
run South 45o11'28'' West for 149.07 feet; thence North
43o33'59'' West for 128.61 feet; thence North 62059'42''
West for 51.57 feet; thence North 24o08'16'' West for
51.57 feet; thence North 43o33'59'' West for 237.39 feet;
thence North 32°04'50'' West for 205.38 feet; thence
North 77o23'56'' East for 20~.27 feet; thence South
50°44'51'' East for 351.14 feet; thence South 62o57'15''
East for 218.36 feet; thence South 45o11'28'' 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 81o36'30'' East 60.00 feet to the POINT OF
BEGINNING of the parcel of of land hereinafter
described; thence leaving said right-of-way line North
8°23'30'' East 20.00 feet; thence South 81036'30" East
20.00 feet; thence South 8o23'30'' West 20.00 feet to the
aforesaid North right-of-way line; thence North
81o36'30'' 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 1 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 8023'30''
West 20.00 feet; thence South 81°36'30'' East 20.0G feet;
thence North 8o23'30'' East 20.00 feet to the aforesaid
South right-of-way line; thence North 81o36'30'' West
20.00 feet to the POINT OF BEGINNING. Containing 400
square feet.
3
Words s~Jt-~h~eu~h are deleted; words underlined are added.
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 have
the authority to levy ad valorem taxes as prescribed by law
not to exceed ame-~ one a~ oDe-half ¢1-1/2~ mill~ in any
one fiscal year.
SECTION THREE. Amendment 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
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
item 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 total
millage shall not exceed ~e-~ 9~e add one-half ~1-~/~)
mill~ in any one fiscal year.
SECT[ON FOUR. Conflict and Severabili~y.
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 separate,
distinct and independent provision and such holding shall not be
construed as to render invalid or unconstitutional the remaining
provisions of the Ordinance. ~'
4
Words s~e~-~h~a~h are deleted; words underline~ are added.
SECTION FIVE. Effective Date.
This Ordinance shall become effective upon receipt of notice
fron 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 26 day of N~v~,r , 1991.
ATTEST: BO~D OF COUNTY CO~ISSIONERS
]~]:S. C. GILES, C~RK COLLIER COUNTY, F~RIDA
Approved as to fo~ and
legal sufficiency:
Assistant Colli~ County Attorney ~ d~y c.~-. ~
Word~ s~uek--~h~ough are deleted; words underlined_ are added.
;~ STA=E OF FLORIDA )
COUNTY OF COLLIER )
ii:i. I, JAMES C. GILES, Clerk of Courts in and for the
Twentif~th Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 91-104
which was adopted by the Board of County Commissioners on
the 26th day of November, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of November, 1991.
~' JAMES C. GILES .'
~i"' Clerk of Courts and Clerk
Ex-officio to Board of ,.,,:j~'~ ,,
County Commissioners .., ......
By~ /s/Maureen Kenyon ~.. "~
~" Deputy Clerk