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Ordinance 2002-23ORDINANCE NO. 2002- 2 3 ~S~N O ~RD~I, NANCE AME~ING COLLIER CO~TY ~INAN~E NO. 91-107, AS AMENDED, WHICH CREATED ~HE FOIST LA~S ROADWAY. AND D~INAGE .~~IClPAL SERVICE TAXING ~lX, PROVIDING FOR AMENDMENT TO SECTION ONE T~ INCREASE THE MILLAGE ~TE FROM I TO 3 MILS, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVE~BILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 1991, the Board of County Commissioners adopted Ordinance No. 91-107, the ordinance that created the Forest Lakes Roadway and Drainage Municipal Service Taxing District; 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; and providing for an effective date; and WHEREAS, the Board of County Commissioners, upon recommendation by the advisory committee, desires to increase the millage rate from 1 mil to 3 mils. NOW, THEREFORE, BE IT RESOLVED BY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: THE BOARD OF COUNTY SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO~i',10~ AMENDED. Section One is amended to read as follows: ~-~' SECTION ONE: Forest Lakes Roadway and Drainage Municipal Service 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 comer 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 Road) and being the Northwestern most comer of the Forest Lakes Homes as recorded in Plat Book 12, Pages 41-46 in the public records of Collier County, Florida; thence rtln East, along said Right-of-way line for 1275.27 feet to a point on the Western Right-of-way 1 Words Underlined are added; Words Struck T~rc, ugh are deleted. of Forest Lakes Boulevard; thence continuing along said Right-of-way of SR S-896, East for 1,372.88 feet to the North ~/~ comer 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 ~ of the Northeast ~,4 of said Section 14 and being the eastern Right-of-way of Woodshire Lane; thence leaving SR S-896 and run along the Eastern Right-of-way of Wo°dshire Lane and the East line of the Northwest ~/~ of the Northeast ~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 comer of the Northwest ~/~ of the Northeast 2,4 of said Section 14; thence along the South line of the Northwest tA of the 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 V2 line of said Section 14; thence along the Eastern Right-of-way of Woodshire Lane and the North-South ~/2 line S 00° 1' 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 comer 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 radius of 667.29 feet and feet and bearing S 80° 08' of a curve, concave to the Southeast, having a subtended,by a chord having a length of 220.51 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 comer of Forest Lakes Homes subdivision; thence N 02° 15' 35" W along said West line for 1,195.80 feet to the West lA comer 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 lighting, roadway-related drainage 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 Exhibit "A" attached hereto and shall include: A. Complete restoration of roadway, including: 1. Existing 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. 2 Words Underlined are added; Words e' .... ............. ~h are deleted. C. Maintenance of such improvements, as required. Said Unit s[~all have the authority to levy ad valorem taxes as prescribed by law not to exceed one-(4-) three (3) mils in any one fiscal year. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. re-lettered to accomplish such, and the or any other appropriate word. The sections of the Ordinance may be renumbered or word "ordinance" may be changed to "section," SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DLTLY ADOPTED by the Board of County Commissioners of Collier County, Florida this ] L[ ~' ~ "-- day of ,2002. , .~K, CLERK ~,o~rn and I~eTdi Fi As~hton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COI.I.IER COUNTY, FLORIDA By: ~~~ ~/_~f~~,/r~ JAI~S N. COLI~TICA, C[~[A~RMAN This ordinance filed with the Secretary of ,State's Office the ~day of --~~, 2.t:E>.~. _ and acknowledgement of that By ~ _~ ~~ ueputy Clerk h: HFA\OrdL~mendForestLakesMSTU91 - 107 3 Words Underlined are added; Words e,_.~,, m~, ..... ~. ............. ~,., are deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2002-23 Which was adopted by the Board of County Commissioners on the 14th day of May, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of May, 2002. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners · /~ ~ f~ ../ .' ~,'~,¥Ac.~".. '. ,,. ~.,~ ..... .' ~.~ '.. By: Carleen Edwar~, Deputy Clefk ~ s~gn~t "~ ". ~:~"-~:. ~..-