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Ordinance 79-074ORDINANCE 79-74 AN ORDINANCE CREATING THE LELY PALMETTO DUNES STREET LIGHTING MUNICIPAL SERVICE TAXING DISTRICT; PROVIDING THE BOUNDARIES, OF THE DISTRICT; DESIGNATING THE GOVERNING BODY OF THE DISTRICT; AUTHORIZING A TAX LEVY AS PROVIDED BY LAW; PROV]DIHG FOR CONSTRUCTION AND A_N.~ EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COU)ITY COMMISSIONERS O~ ~OLLIER'~TY, FLORIDA: SECTION OHE: Pursuant to Chapter 125 of the Florida Stat~te$.~ the Lely Palmetto Dunes Street Lighting Municipal Service Taxing District ~{ hereby created for the purpose of providing street lighting to the residents of the area hereinafter described: All that land located in Collier County, Florida, and specifically described as: A subdivision of Tract "D" Lely Country Club Tract Map, as recorded in Ord. 76-41, O.R. Book 663, Pages 281-330, lying in Section 20, Tovmship 50 South, Range 26 East, Collier County, Florida, more particularly described as: From Point "A", Torrey Pines as recorded in Plat Book 12, Page 32 of the Public Records of Collier County, Florida, run 310.83 feet along the arc of a curve, concave to the northwest, having a radius of 435.00 feet and subtended by a chord having a length of 304.26 feet and bearing N 38 38'50" E to a point of reverse curvature, thence 194.76 feet along the arc of a curve, concave to the southeast having a radius of 696.00 feet and 2ubtended by a chord having a length of 194.13 feet and bearing N 26v11'35.5" E to the Point of Beginning, thence 322.89 feet along the arc of a curve, concave to the sdutheast having a radius of 696.00 feet and sub~ended by a chord havi~g a length of 320.00 feet and b~aring H 47~30'00'' E, thence N 42~30'00'' W for 92.85 feet; thence N 13~28'10" W for 376.A5 feet to a point of curvature, thence 484.48 feet along the arc of a curve, concave to the southeast, having a radius of 250.00 feet and sub~ended by a chord having a length of 412.15 feet and bearing N 42 02'53" E to a point of reverse curvature; thence 927.34 feet along the arc of a curve, concave to the north, having a radius of 2400.00 feet and subtended by a chord having a length of 921.59 feet and beari)~g ~ N 86~29'46" E to a point on curve, thence 569.19 feet along t~j~e arc of a curve, concave to the northwest, having a radius of~Z)O0.O0"' feet and sub~ended by a chord having a length of 395.64 feet,S;nd. __ bearing N 71~31'41'' E to a point of compound curvature; then~ 432.Q~r' feet along the arc of a curve, concave to the southwest, ha~ng a ~ radius of 1200.00 feet and s~btended by a chord having a len~h of ~ 429.76 feet and bearing N 20~19'05'' W to a point of compound~urvatu~; thence 348.64 feet along the arc of a curve, concave to the-~outh~ having a radius of 260.00 feet ~nd subtended by a chord having a length of 323.10 feet and bearing )1 69 02'54' W to a point of reverse curvature, thence 862.04 feet along the arc of a curve, concave to the northwest, having a radius of 1760.00 feet and subtended by a chord having a length of 853.45 feet and bearing S 86~34'06'' W to a point of reverse curvature; thence ggg.31 feet along the arc of a curve, concave to the southeast, having a radius of 1800.00 feet ~nd subtended by a chord having a length of 986.52 feet and bearing S 84~41'44'' W to a point on a curve; thence 730.19 feet along the arc of a curve, concave to the southeast, having a radius of 190.00 feet and s~btended by a chord having a length of 356.86 feet and bearing S 31 31'56" W to a point on curve; thence 445.41 feet along the arc of a curve, concave to the north- east, having a radius of 2400.00 feet Rnd subtended by a chord having a length of 4~4.77 feet and bearing S 40~41'00'' E t8 a,point of tangency; thence S 46~00'00: E for 410.00 feet; thence S 13 28 10" E for 470.00 feet; thence S 42~30'00'' E, for ]77.50 feet to the Point of Beginning; containing 44.859 acres, morel of°r ?Boo~less' ~].0 ~A~E ~ SECTION TWO: The governing body of the District shall be ex-officio the Board of County Co~antsstoners of Collier County, Florida. SECTION THREE: The District is formed for the purpose of providing street lighting in the above described subdivision and to that end shall possess all the powers to do all things reasonably necessary to provide such services, including ownership or rental of property, poles, wires, conduits, lights, mters, and the power to maintain the same and to enter into contracts for providing the same and the .~ electric current to operate any lighting system therein installed, ~ SECTION FOUR: For the purpose of carrying into effect this Ordinance, the Board .~ of County Co,~tsstoners shall annually, at the time required by general budgetary ~- law, make an itemized estimate of the amount of money required to carry out the ~ business of the District 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 District. 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 m within the District subject to taxation a millage sufficient to meet the require-~ ments of the estimate; provided, however, the total millage shall not exceed ~ the millage authorized by law for municipal service taxing or benefit units.~ SECTION FIVE: Taxes herein provided for shall be assessed and collected in the O same manner and form as provided for the assessment and collection of general county taxes and subject to the same fees for assessing and collecting as ~ general county taxes. ~ SECTION SIX: This ordinance shall be liberally construed to effectuate its public purpose. ~ If any portion, phrase or word of this Ordinance is held invalid or '~ unconstitutional, the remaining parts shall not be affected. ~ ~ SECTION SEVEN: Effective date of this Ordinance shall become effective as provided by Law. ~ ENACTED BY THE BOARD OF COUNTY COu~ISSIONERS OF COLLIER COUNTY, FLORIDA, this 25th ,. day of .September , lgY9~ ATTEST: WILLIAM.d. REAGAN,~CLERK ~ BOARD OF COUNTY CO~IISSIONERS COLLIER COUNTY, FLORIDA David C Brown, Chairman STATE OFiFLORIDA COUNTY OFiCOLLIER I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, F)ortda, do hereby certify that the foregoing is a true ortglnal ORDINANCE NO. 79-74 which was adopted by the Board of County Commissioners durl'ng Regular Session... September 25th , 197a, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, F)ortda, t~ts-'.25th m day of September . , 1~7~. WILLIAM'J, REAGAN Clerk of Courts and Clerk Ex-officio.to Eoard of County Commissioners