Ordinance 86-71I m
ORDINANCE NO. 86-
AN EMERGENCY ORDINANCE AMENDING __
ORDINANCE NO. 86-34 BY AMENDING ~ ~--
THE BOUNDARIES OF THE LELY GOLF
ESTATES BEAUTIFICATION MUNICIPAL ·
SERVICE TAXING UNIT; PROVIDING ~ ..~'
DATE.
WHEREAS, the Board of County Commissioners a~.mpted Ordinance
No. 86-34 creating the Lely Golf Estates Beautification Municipal
Service Taxing Unit; and
WHEREAS, the Board of County Commissioners adopted Reso-
lution No. 86-118 calling a referendum election to approve the
levy of taxes for the Lely Golf Estates Beautification Municipal
Service Taxing Unit; and
WHEREAS, there is a need to amend Ordinance No. 86-34 to
provide for the correct description of the boundaries of the Lely
Golf Estates Beautification Municipal Service Taxing Unit;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: Amended Boundaries
Section One of Ordinance No. 86-34 is amended as follows:
Section One: Lely Golf Estates Beautification Municipal Service
Taxing Unit Created, Boundaries, Purposes, Taxing
Authority.
1. There is hereby created the Lely Golf Estates Beautifi-
cation Municipal Service Taxing Unit (hereinafter referred to as
the "Unit") with boundarie~ described as follows:
Al~'~kf t~e lands within the platted boundaries. ~£ Lely
Golf Zstates as filed in Plat Book 8~ Page 4~ of the
P--~-blic Records ~f Collier C6'dn't~', Florida;
All of the lands within the platted boundari,~s of Lely
G01f .Estg. tes~ Unit No. 21 as filed in Plat Book 8~ Page
58 of the Public Records of Collier County~ ~:lorida.;
All of the &~ee lands within the p}e~ pla~ted boundaries
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 ~ees lands within the p~a% platted boundaries
of Lely Golf Estates, St. Andrews East Section, as
filed in Plat Book 10, Page 98 of the Public Records of
Collier County, Florida;
024 326
Words Underlined are added; Words Se~ek-eh~e~gk are deleted.
All of the &~%s lands within the p½a~ platted
bou'~daries of Lely Golf Estates, St. Andrews West
~t--f~..~, as filed in Plat Book 10, Page 93 of the
Public Records of Collier County, Florida;
Ail of the ½~ts lands within the P}at platted
boundaries of Pinehurst Estates, as filed in Plat Book
12, Page 1, of the 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 thu north-
easterly right-of-way line of U.S. 4] 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-
easterl.y 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 describ(id; '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 portion of Tract J as recorded in Plat Book 10, Page
93 of the Public Records of Collier County, Florida and
further described as to wit:
"~emme=ee Commence 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 Beginning; 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; {~hence South 58" 29' 44" East, along boundary
of 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
containing 8.65 acres more or less.
Less and except the following described real property:
Description o~ parcel of land in Section 19,
Township 50 South, Range 26 East, Collier County,
Florida.
0 4 , 3'27
2
Words Underlined are added; Words ~e~-~h~e~ are deleted.
Ail that Tract or Parcel of land lying and being
in Section 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 feet
to the Northeasterly right-of-way line of U.S. 41
(S.R. 90.); thence North 50° 56' 59" East, 473.44
feet; thence South 30~ 03' 01" East, 360.06 feet
to the Point of Beginning.
2. The Unit hereby created and established is for the
purposes of beautifying and maintaining the median ~trips 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 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: 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 provisions of this Ordinance.
SECTION THREE: Effective Date.
The Board of County Commissioners does hereby declare that
an eme~ncy exists and that immediate enactment of this
Ordinance is necessary, and-by no less than four-fifths (4/Sths)
vote of the membership of the Board does hereby waive notice of
intent to consider this Ordinance.
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of the Board with the Department of State of
the State of Florida, as soon after enactment as is practicable
by d~positing the same with the postal authorities of the
government of the United States for special delivery by certified
mail, po~tage prepaid, to the Florida Department of State.
Words Underlined are added; Words ~e~me~-ehm~m~h are deleted.
PASSED AND DULY ADOPTED by the Board of County Commissioners
on this the ~4th day of ~n~or , 1986.
ATTEST:
JAMES C. GILES, Clerk
~- ..~. ~ .~ ....
~.pp~Qve~'-'~' form and
Assistant County Attorney
BOARD OF COUNTY COM~4ISSIONERS
OF COLLIER COUNTY, FLORIDA
*this c~'cllnence filed with t~
c~ncl accident of ~
flli~r~elv~ ~. ~ day
CCt.NTY OF COT.T.'T'~.R )
I, JAFES C. ~/T~, Clerk of Courts in and for the Tw=_ntJ~th Judicial
Circuit, Collier County, Florida, do her~_by certify that the foregoing is
a true original Df:
O~DIN~N~ZE NO. 86-71
which was adopte~ by th~ Board of County Ccxm~ssioners via ~rgency
pracedur~s durin~ ~:~julnr Session on the 14th day of October, 1986.
WITNESS my hand and the official s~31 of the Board of C4~nty
Cc~missioners of Collier County, Florida, this 14th day of C~.~ober, 1986.
Clerk of ~ourts ar~f Clerk.- ....... ..
4
Words Underlined are added; Words 8e~-eh~o~h are deleted.