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Ordinance 86-37ORDINANCE NO. 86- 37' AN ORDINANCE CREATING THE NAPLES PARK AREA DRAINAGE IMPROVEMJCNT MI~ICIPAL SERVICE TAXING AND BENEFIT UNIT WITH PO~'ERS AUTHORIZED UNDER CHAPTER 125 OF THE F~RIDA STATUTES; ESTABLISHING THE BOARD OF COUNTY COMMISSION~So~_ -- ~ THE GOVE}~ING BOARD, PROVIDING AN EFFECTIVE DATE. ~, WHEREAS, on June 16, 1986 the Board of County Commissio~r~.'-accept.~d _ recommendation fr~ the Public Works Administrator to create th~ ~N~aplesn~ar.k~ Area Drainage Improvement Municipal Service Taxing and Benefit Unit; and ~ W~EREAS, the Board of County Commissioners directed the staff to prepare an Ordinance to be considered by the Board to create the Naples Park Area Drainage Improveme~,t Municipal Service Taxing and Benefit Unit; and NOW, THEREFO~£, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Creation, Boundaries, Purposes. The Naples Park Area Drainage Improvement Municipal Service Taxing and Benefit Unit (the "Unit") is hereby created, with boundaries described as follows: SEE EXHIBIT "A" The Unit hereby created and established is for the purpose of providing a preliminary engineering study for the design, construction, and financing of drainage tmprovem,!nta within the Unit and to do all things reasonably necessary in connection therewith and for the purpose of exercisinl those powers authorized by Florida Statutes Chapter 125 and other applicable laws. Section 2. Governin~ 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. Section 3. Annual Budget, Taxin~ Authori'ty. For the purpose of carrying into effect this article, the Board of County Commissioners shall annually, at the time iequtred by general budgetary law, nmke an itemized ~stimate of the amount of money required to carry out the · business of the Distriet for the next fiscal year, which shall be from October I to and includin~; September 30 following. The estimate shall have for what purpose the monie~ are required and the amount necessary to be raised by taxation within the District. At thc time and place for fi;~ing the annual rate of taxation for County purposes, the Board shall fix and c~us~ co be levied on all property within the district subject to taxation a millage sufficient to meet the requirem~nts of the estimate; however, the total :illage shall not exceed the millage authorized by law for municipal service taxing or benefit units. Section 4. Collection of Taxe~. Taxes herein provided for shall be ~sseased and collected in the came ~anner and form .~s provided for the assessment and collection of general County taxes and subject to the same fees for assessing and co~ectir~as general County tax,:~. 024. -" ""n Section 5. Construction end Severability. 1. This Ordinance shall be liberally construed to effectuate its public purpose. 2. If any portion, phrase or work of this Ordinance is held invalid or unconstitutional, such portion, phrase or word shall he deemed a separate distinct and ind(:pendent provision and such holding shall not affect the validity of the remaining portion. Section 6. Effective Date. This Ordinance shall become from the Secreta~ of State that office. effective upon receipt of acknowledgement this Ordinance has been filed with that PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 29thday of J~].y , 1986. GILES, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA OHN[A. PISTOR, Chairman This ordlnom<:e filed wtth the · .~efory of .State's Office_the I, J~ C. ~F.~, CI~ of ~ ~ ~d f~ ~ ~tie~ J~c~ ORDZN~ NO. 86-37 which was adopr~i by the Board of County C~.~%.rnsfoner~ during Rep,]~r Session on July 29, 1986. WIINESS my b'gnd and t_he officio..1 seal of the Board o~ County Com~d~sione~s of Collier Cotnty, Florida, this 31st day of 3uly, 1986. JAMES C. Clerk of Courts and Clerk Ex-officio to the 5oard of County Cou,-iss ioners EXHIBIT "A" LEGAL DESCRIPTION NAPLES PARK AREA DRAINAGE IMPROVEMENT DISTRICT All those certain lands lying within portions of Sections 28, 29, 32, and 33, Towr~ship 48 South, Range 25 East, Collier County, Florida, and being further describec as follows, all of; Unit No. i, Naples Park as recorded in Plat Book i, Page 106 and; Subdivision of Block 1, Unit No. 1, Naples Park, as recorded in Plat Book 4, Page 5 amd; Replat of B].ocks 4 & 5, Unit ~. i, ~aples Park, as recorded in Plat Book 4, Page 6 ar;d; Unit No. 2, Naples Park as recorded in Plat Book 2, Page 107 and; Unit No. 3, Naples Park as recorded in Plat Book 3, Pege 5 and; Unit No.,4, Naples Park as recorded in Plat Book 3, Page ? and; Uni~ No. 5, Naples Park as recorded in Plat Book 3, Page 14 and; Unit No. 6, Naples Park as recorded in Plat Book 3, Page 15 and; Unit No. 2, Conner's Vanderbilt Beach Estates ss recorded in Plat Book 3, Page 17 ~nd; Unit No. 3, Conner's Vsnderbilt Beach Estates as recorded in Plat Book 3, Page 89 all of the Public Records of Collier County, Florida: together with all those certain lands lying with Section 33, Township 48 South, Range 25 East, and being bounded on the; North by the South right-of-way line of 91st Avenue; South by the North right-of-way line of Vanderbilt Beach Road; East by the West right-of-way line of U.S. 41, North Tamiami Trail; West by the East right-of-way line of Vanderbilt Drive; together with those certain lands lying in Section 32, Township 48 South, Range 25 East, Collier County, Florida and being described as follows: BEGIN at the Southeast Corner of Lot i, Block G, of the plat thereof, Unit No. 2, Conner's Vanderbilt Beach Estates, as recorded in Plat Book 3, Page 17 of the Public Records of Collier County, Florida; thence run along a line thirty (30) feet West, as measured perpendicular to, the East line of said Section 32 and being the West right-of-way line of Vanderbilt Drive, S iQ00'O0'' E 459.25 feet to a point on the Northerly right-of-way line of Vanderbil~ Beach Road; thence along :aid Northerly right-of-way line N 80'29'30" W 305.12 feet; thence leaving said Northerly right-of-way line N I''00'00" W 154.55 feet; thence N 89°00'00'' E 120 fee~; thence S I'00'00" E 65.00 feet; thence N 89°00'00'' E 55.00 feet; thence N IQ00'00'' W 316.51 feet to the Southwest Corner of aforesaid Lot 1, Block G; thence along the Southerly line of said Lot 1, Block G, S 89'52'30" E 125.00 feet to the POINT OF BEGINNING.