Ordinance 91-107 ORDINANCE NO. 91-
AN ORDINANCE CREATING THE FOREST LAKES ROADWAY 'AND,
DRAINAGE MUNICIPAL SERVICE TAXING UNIT; PROVIDING:,FOR
ITS BOUNDARIES, PURPOSE AND TAXING AUTHORITY; PROVIDING
FOR ITS GOVERNING BOARD AND DEFINING ITS POWERS AND
DUTIES; PROVIDING FOR AN ADVISORY COMMITTEE AND DEFINING "
ITS DUTIES AND RESPONSIBILITIES; PROVIDING FOR AN
ITEMIZED BUDGET; PROVIDING FOR COLLECTION OF TAXES;
PROVIDING FOR CONSTRUCTION AND SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on October 1, 1991, the Board of County
Conmissioners accepted petitions from property owners associations
within the Forest Lakes Subdivision to create a municipal service
taring unit for the purpose of providing certain roadway and
drainage improvements; and
WHEBEAS, because of poor drainage characteristics within this
area, certain portions of the roadway system have experienced
substantial deterioration; and
WHEREAS, a need exists for providing improved drainage and
correcting road deterioration to provide safe passage.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
~O~: Forest Lakes Roadway and DrainaGe Municipal Servic~
Taxing Unit Created; Boundaries. Purpose. Taxing
Authority.
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 00' 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
~i~'~.. Road) and being the Northwestern most corner of the
~ ~!i'i~ 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 89' 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
II
eastern Right-of-way of Woodshire 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 00' 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 00' 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 t~e Northeast 1/4 S 89' 48' 47" W
for 512.50 feet to a point on the Southern
Right-of-way of Woodshire Lane; thence continuing
along said line S 89' 48' 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 1/2 line S 00' 01' 23" E for
2,508.87 feet to a point; thence leaving said line
S 89' 39' 24" w for 21.59 feet to a point, said
point being the Southeasterly most corner of Forest
Lakes Homes as recorded in Plat Book 12, Pages
41-46 in the public records of Collier County,
Florida; thence S 89' 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 80'
08' 46.5" W to a point of tangency; thence S 70'
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 86' 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
89' 39' 24" W; thence S 89' 38' 30" W for 64.95
feet to a point on the West line of Section 14,
said point being the Southwestern most corner of
Forest Lakes Homes subdivision~ thence N 02' 15'
35" W along said West line for 1,195.80 feet to the
West 1/4 corner of Section 14; thence continuing
along said West line N 00' 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 and maintaining improved roadway-related
draJ.naqe 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
E~tibit "A" attached hereto and. shall include:
A. Complete restoration of roadway, including:
1. ex~sting 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 one (1) mill in any one
fiscal year.
~ON TWQ: Governinu Board. Powers and Duties.
The governing board of the Unit shall be the Board of County
Commissioners of Collier County, Florida with the power and duty
to conduct the affairs of the Unit as prescribed by Florida
Statutes.
~'.ON THREE: Advisory Committee. Duties. Responsibilities.
The Board of COunty Commissioners shall, by Ordinance,
designate an Advisory Committee composed of residents who are
taxpayers and electors from within the Unit, with advisory
auth¢~rity to assis~t in conducting the business affairs of the Unit
and such other duties of the Unit as may be assigned from time to
time by the Board of County Commissioners.
SECtiON FOUR: Itemized BudGet.
For the purpose of implementing this Ordinance, the Board of
County Commissioners shall annually, at the time required by
gene~zal law, make an itemized estimate of the amount of money
required to perform the business of the Unit for the next fiscal
year, which shall be from October 1 to and including September 30
foll,~wing. The estimate shall detail the purposes for which the
monies are required and the amount necessary to be raised by
taxa'=ion within the Unit. At the time and place for fixing the
annu~l 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 one (1) mill.
SECT/ON FIVe: ~ol~ection of Taxes.
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 ~,ssessing and collecting as general County taxes.
~F~T_]~: ~Q~$%ruction and Severabilitv.
1. This ordinance shall be liberally construed to
effectuate its public purpose.
2. It is declared to be the intent of the Board of County
CommJ.ssioners that if any section, subsection, sentence, clause,
phrase or provision of this Ordinance is held invalid or
unconstitutional, such invalidation or unconstitutionality shall
not be so construed as to render invalid or unconstitutional the
remaining provisions of this Ordinance.
~iON SEV~N: Effective ~ate.
This Ordinance shall become effective upon receipt of notice
of J.ts filing from the office of the Secretary of State of the
Stat~ of Florida.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of C~)llier County, Florida, this 10~ day of ~cember ,
1991-
ATTEST: BOARD OF COUNTY COMMISSIONERS
J.A~E:~,~. C~.'~GI, ~E. S, CLERK COLLIER COUNTY, FLORIDA
.~ ( DEPUTY~LERk PATRICIA ANNE GOODNI~HT
ISEAL) ' ~. CHAIR~N
.... · ~ .
App'~ovedas to fo~ and
legal sufficiency:
David C. Weigel
Assistant County or ney
/6479
EXHIBIT "A"
pin~' I~1 D~F'~
FAIRWAY FOREST
A GARDEN VILL
CONDO
I
I
..~ A~
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
~entieth Judiciol Circuit, Collier County, Florida, do
h~reby certify that the foregoing is a true copy of:
Ordinance No. 91-107
w]%ich was adopted by the Board of County Commissioners on
the loth day of December, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th
day of December, 1991.
Clerk of Courts and Clerk"
Ex-officio to Board 'of,' ·
County Commissioners,
Deputy Clerk ,