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Ordinance 91-107 ORDINANCE NO. 91- AN ORDINANCE CREATING THE FOREST LAKES ROADWAY 'AND, DRAINAGE MUNICIPAL SERVICE TAXING UNIT; 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; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 1, 1991, the Board of County Conmissioners accepted petitions from property owners associations within the Forest Lakes Subdivision to create a municipal service taring unit for the purpose of providing certain roadway and drainage improvements; and WHEBEAS, because of poor drainage characteristics within this area, certain portions of the roadway system have experienced substantial deterioration; and WHEREAS, a need exists for providing improved drainage and correcting road deterioration to provide safe passage. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: ~O~: Forest Lakes Roadway and DrainaGe Municipal Servic~ 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 corner 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 ~i~'~.. Road) and being the Northwestern most corner of the ~ ~!i'i~ Forest Lakes Homes as recorded in Plat Book 12, ..~? Pages 41-46 in the public records of Collier --/ County, Florida; thence run East, along said ~ ~!? Right-of-way line for 1275.27 feet to a point on the Western Right-of-way of Forest Lakes Boulevard; thence continuing along said Right-of-way of SR .~ S-896, East for 1,372.88 feet to the North 1/4 ~,.~ corner 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 1/4 of the Northeast 1/4 of said Section 14 and being the II eastern Right-of-way of Woodshire Lane; thence leaving SR S-896 and run along the Eastern Right-of-way of Woodshire Lane and the East line of the Northwest 1/4 of the Northeast 1/4 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 corner of the Northwest 1/4 of the Northeast 1/4 of said Section 14; thence along the South line of the Northwest 1/4 of t~e 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 1/2 line of said Section 14; thence along the Eastern Right-of-way of Woodshire Lane and the North-South 1/2 line S 00' 01' 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 corner 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 of a curve, concave to the Southeast, having a radius of 667.29 feet and subtended by a chord having a length of 220.51 feet and bearing S 80' 08' 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 corner of Forest Lakes Homes subdivision~ thence N 02' 15' 35" W along said West line for 1,195.80 feet to the West 1/4 corner 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-related draJ.naqe 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 E~tibit "A" attached hereto and. shall include: A. Complete restoration of roadway, including: 1. ex~sting 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. C. Maintenance of such improvements, as required. Said Unit shall have the authority to levy ad valorem taxes as prescribed by law not to exceed one (1) mill in any one fiscal year. ~ON TWQ: Governinu 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. ~'.ON THREE: Advisory Committee. Duties. Responsibilities. The Board of COunty Commissioners shall, by Ordinance, designate an Advisory Committee composed of residents who are taxpayers and electors from within the Unit, with advisory auth¢~rity to assis~t in conducting the business affairs of the Unit and such other duties of the Unit as may be assigned from time to time by the Board of County Commissioners. SECtiON FOUR: Itemized BudGet. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by gene~zal law, make an itemized estimate of the amount of money required to perform the business of the Unit for the next fiscal year, which shall be from October 1 to and including September 30 foll,~wing. The estimate shall detail the purposes for which the monies are required and the amount necessary to be raised by taxa'=ion within the Unit. At the time and place for fixing the annu~l rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all property within the Unit subject to taxation a millage sufficient to meet the purposes and obligations of the Unit; provided, however, the total millage shall not exceed one (1) mill. SECT/ON FIVe: ~ol~ection 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 ~,ssessing and collecting as general County taxes. ~F~T_]~: ~Q~$%ruction and Severabilitv. 1. This ordinance shall be liberally construed to effectuate its public purpose. 2. It is declared to be the intent of the Board of County CommJ.ssioners that if any section, subsection, sentence, clause, phrase or provision of this Ordinance is held invalid or unconstitutional, such invalidation or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this Ordinance. ~iON SEV~N: Effective ~ate. This Ordinance shall become effective upon receipt of notice of J.ts filing from the office of the Secretary of State of the Stat~ of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of C~)llier County, Florida, this 10~ day of ~cember , 1991- ATTEST: BOARD OF COUNTY COMMISSIONERS J.A~E:~,~. C~.'~GI, ~E. S, CLERK COLLIER COUNTY, FLORIDA .~ ( DEPUTY~LERk PATRICIA ANNE GOODNI~HT ISEAL) ' ~. CHAIR~N .... · ~ . App'~ovedas to fo~ and legal sufficiency: David C. Weigel Assistant County or ney /6479 EXHIBIT "A" pin~' I~1 D~F'~ FAIRWAY FOREST A GARDEN VILL CONDO I I ..~ A~ STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the ~entieth Judiciol Circuit, Collier County, Florida, do h~reby certify that the foregoing is a true copy of: Ordinance No. 91-107 w]%ich was adopted by the Board of County Commissioners on the loth day of December, 1991, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of December, 1991. Clerk of Courts and Clerk" Ex-officio to Board 'of,' · County Commissioners, Deputy Clerk ,