Ordinance 86-34ORDINANCE NO. 86- 34
AN ORDINANCE CREATING THE LELY GOLF ~
ESTATES BEAUTIFICATION MUNICIPAL "' ~:.
SERVICE TAXING UNIT; PROVIDING FOR ITS
BOUNDARIES, PURPOSES AND TAXING AUTHOR-
ITY; PROVIDING FOR ITS GOVERNING BOARD
AND DEFINING ITS POWERS AND DUTIES;
'PROVIDING FOR AN ADVISORY COMMITTEE
¢- ~AND DEFINING ITS DUTIES AND ~ESPONSI- ~
tBILITIES; PROVIDING FOR AN ITEMIZED
>BUDGET; PROVIEING FOR COLLECTION OF
-~,.-~A×ES; PROVIDING FOR CONSTRUCTION AND
~EVERABILITY; PROVIDING AN EFFECTIVE
WHEREAS~ the Board of County Commissioners has conditioned
the 1evil of taxes under this Ordinance upon a referendum election
to approve such levy~ and
NOW, THV. REFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: L~I~ Golf Estates Beautification Municipal Service
~axlng unit Created~ Boundaries~ PurpOseS'~ Taxinq
~uthority.
1. There is hereby created the Lely Golf Estates Beautifi-
cation Municipal Service Taxing Unit (hereinafter referred to as
the "Unit") with boundaries described as follows:
All of the lots within the plat of Lely Golf Estates,
Forest Hills Section, as filed in Plat Book 10, Page 84
of the Public Records of Collier County, Florida;
All of the lots within the plat of Lely Golf Estates,
~t. Andrews East Section, as filed in Plat Book 10,
~age 98 of the Public Records of Collier County,
Florida;
All of the lots within the plat of Lely Golf Estates,
~t. Andrews West Section, as filed in Plat Book 10,
~age 93 of the Public Records of Collier County,
Florida;
All of the lots encompassed within the Plat of
Pinehurst Estates, as filed in Plat Book 12, Page 1, of
~he Public Records of Collier County, Florida;
Part of Tract "K", Lely Golf Estates, according to
the plat thereof, as recorded in Plat Book 8, Page
20, Collier County Public Records, Collier County,
Florida, being more particularly described as
follows:
Beginning at the Northwest corner of said Tract
"K", said corner being a point on the north-
eastelfly right-of-way line of U.S. 41 and being
marked by a concrete monument found in place;
thence North 50~ 53' 40" East along the north-
westerly line of said Tract "K", 150.00 feet to
the northeast corner of said Tract "K"; thence
South 71" 13' 07" East along the northerly line of
said Tract "K", 405.53 feet; thence leaving said
northerly line of said Tract "K", South 24" 46'
53" West 150.21 feet; thence South 29" 26' 58"
East 252.17 feet; thence South 66" 23' 07" East
250.00 feet to an intersection with the south-
easterly line of said Tract "K" and the north-
westerly right-of-way line of St. Andrews
Boulevard; thence South 50" 53' 40" West along
said southeasterly line of said Tract "K" and
northwesterly right-of-way line of Said St.
Andrews Boulevard 302.99 feet to the southwest
corner of Tract "K", said corner being the inter-
section of the northwesterly right-of-way line of
U.S. 41 with the northwesterly right-of-way line
of St. Andrews Boulevard; thence North 39" 06' 20"
West along the southwesterly line of said Tract
"K" and the northeasterly right-of-way line of
U.S. 41, a distance of 880.39 feet to the Point of
Beginning of the parcel herein described: Subject
to easements and restrictions of record; Con-
taining 4.93 acres of land more or less.
Less and except the following described lands:
A ~ortion of Tract J as recorded in Plat Book 10, Page
93 of the Public Records of Collier County, and further
described as to wit:
Commerce at the Southeast corner of Section 19,
Township 50 South, Range 26 East, and run North
39" 06' 20" West, 359.82 feet to Point of Begin-
ning; thence S 50" 53' 40" West, 473.35 feet to
the Easterly right of way line of U.S. 41; thence
North 39" 06' 20" West, along said right-of-way
line, 550.00 feet; thence North 50" 53' 40" East,
604.72 feet to boundary line of said Tract J;
thence South 58" 29' 44" East, along boundary said
Tract J, 580.78 feet; thence South 50" 30' 49"
West, 324.20 feet to Point of Beginning; all being
in and a part of Section 19, Township 50 South,
Range 26 East, Collier County, Florida and con-
taining 8.65 acres more or less.
Less and except the following described real property:
Description of parcel of land in Section 19,
Township 50 South, Range 26 East, Collier County,
Florida.
All that Tract or Parcel of land lying and being
in Secticn 19, Township 50 South, Range 26 East,
Collier County, Florida and being more particularly
described as follows:
Beginning at the South East corner of said Section
19, said corner being marked by a Collier County
monument, run South 88" 12' 14" West, 594.80 to
the Northeasterly right-of-way line of U.S. 41
(S.R. 90.); thence North 50" 56' 59" East,
473.44'; thence South 30" 03' 01" East, 360.06' to
the Point of Beginning.
2. 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
2
deter~ined by the Advisory Committee. Said Unit ,hall have the
authority to levy ad valorem taxes as prescribed by law not to
exceed one-quarter (1/4) mill in any one fiscal year, provided
that the qualified electors residing in the Unit approve said
levy in a referendum election.
SECTION TWO: Governing Board~ Powers and Duties.
The governing board of the Unit shall be the Board of County
Co~issionera of Collier County, Florida with the power and duty
to conduct the affairs of the Unit as prescribed by Florida
Statutes.
SECTION THREE: Advisory Committeef Dutiesf Responsibilities.
The Board of County Commissioners shall by ordinance desig-
nate an Advisory Committee composed of residents from within the
Unit with advisory authority in the business affairs of the Unit
and such other duties as may be assigned from time to time by the
Board of Governors of the Unit.
SECTION FOUR: Itemized Budget.
For the purpose of carrying into effect 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 i 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 time and place for fixing the
annual rate of taxation for county purposes, the Board shall fix
and cause to be levied on all property within the Unit subject to
taxation a millage sufficient to meet the requirements of the
estimate; provided, however, the total millage shall not exceed
one-q~arter (1/4) mill.
SECTION FIVE: Collection 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 assessing a:~d collecting as general county taxes.
SECTION SIX: Construction and Severability
1. This Ordinance shall be liberally construed to effec-
tuate its public purpose.
2. It is declared to be the intent of the Board of County
Commissioners that if any section, subsection, sentence, clause,
phrase or provision of this Ordinance is held invalid or uncon-
stitutional, such invalidation or unconstitutionality shall not
be so construed as to render invalid or unconstitutional the
remaining provi~.'ons of this Ordinance.
SECTION SEVEN: 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
on this the 22nd day of .Tu]y , 1986.
AT--Ts
,J~A,M~{~g ~LES, Clerk
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legal sufficiency:
David C. WeigeI
Assistant County At~rney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
PISTOR, Chairman
024.:, 30
STATE OF FLORIDA )
COUNTY OF COLLZER
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 original of:
ORDINANCE NO. 86-34
which was adopted by the Board of County Commissioners during
Regular Sessicn on July 22, 1986.
WITNESS ~y hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 22nd
day of July, 1986.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to the Board of
Countv Commissioners ·