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Ordinance 88-110;( ORDINANCE NO. as- 110 AR EMERGENCY ORDINANCE CREATING THE BERKSHIRE LAKES ~NITS I AND 2 STREET LIGHTING MUNICIPAL SERVICE TAXING UNITI PROVIDING THE BOUNDARIES OF THE UNITI DESIGNATING THE GOVERNING BODY OF '?~TliE UNIT~ PROVIDING FOR PURPOSE AND POWERS! ..PROVIDING FOR ANNUAL ESTI}~ATES OF EXPENSES AND TAXATION RATE~ PROVIDING FOR TAX ASSESSMENT AND ~!i-COLLECTION~ PROVIDING FOR CONSTRUCTIONI '-.i;~OECLARING AN EMERGENCY~ AND PROVIDING AN · ~L-£FFECTIVE DATE. BB IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERE OF COLLIER COUNTY, FLORIDA~ ~ection One= Street L%ghting Municipal Service Taxing Unit Created/ Boundaries. Pursuant to Chapter 125 of the Florida Statutes, the Berkshire ~akea Units 1 and 2 Street Lighting Municipal Service Taxing Unit is hereby created for the purpose of providing street lighting to the residents of the taxing unit, the boundaries of which are hereinafter describeds All of Berkshire Lakes Unit 1 as recorded in Plat Book 14, Pages 118-120, inclusive, of the Public Records of Collier County, Florida~ all being a part of Section 32, Township 49 South, Range 26 East, Collier County, Florida, containing 122.17 acres more or less~ and All of Berkshire Lakes Unit 2 as recorded in Plat Book 15, Pages 42-43, inclusive, of the Public Records of Collier County, Floridal all being a part of Section 32, Township 49 South, Range 26 East, Collier County, Florida, containing 46.60 acres more or less. Section Two= Governing Body. The governing body of the Unit shall be ex-officio the Board of County Commissioners of Collier County, Florida. ~ection Threes Purpose; Powers. The Unit 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, meters, and the power to maintain the same and to enter into contracts £or providing the same and the electric current to operate any lighting system therein installed. Section Four~ Annual Estimates of Expenses~ Taxation Rate. For the purpose of implementing this Ordinance, the Board o£ County Commissioners shall annually, at the time required by general budgetary law, make an itemized est~ta of the amount of money required to carry out the business of the Unit for the next fiscal year, which shall be from October i to and including September 30 following. The estimate shall have for what purpose the moneys are required and the amount necessau to bo raised by taxation within the Unit. 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 within the Unit subject to taxation a millage sufficient to meet the requirements of the estimate; provided, however, the total millage shall not exceed the millage authorized by law for municipal service taxing or benefit units. Section Fives Tax Assessment and Collection. Taxes herein provided for shall bo assessed and collected ~n the same manner and form as provided for the assessment ~ collect£on of general County taxes and subject to the same fees for assessing and collecting as general County taxes. ~ection Bixz Construction. This Ordinance shall be liberally construed to effactua~ its public purpose. Section Sevens Declaration of Emergency. This Board does hereby declare that an emergency exists and ~hat L~_~ediate 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. ~action El~ht~ Effective Date. A certified copy of this Ordinance~ aa enacted, shall bo £iled by the Clerk of the Board with the Department of S~a~e o£ the State of Florida, as soon after enactment as ia practicable by depositing the same with the postal authorities of the /qoVernment ot~ the Un£ted Statel iragistared =all, postage prepaid, to ~e Florida ~pa=~nt o~ ~ ~te, Th~s O~lnance shall bec~ e~ect~ve 125,66(3), Florida Stakutes. P~SED ~ DULY ~D of Collie~ County, Florida, th~s 20~h ~y o~ ~c~ber ~ 1988, i:~TI~:Dt .... DecaYer 20, 1988 b~l) OF COUIIT~ COlllillllllONllt~ / .. ...... . CO~XER CO~ F~RXDA ..., . JRT L. SAU~D~ Chal~n A~o~ed' a~ ~' 'fo~ and A~sistant County Y ~fll~ 377 O~ COLLIER ) l, 3A~E~ C. OILES, Clerk of Courts In and for the Twentieth Judicial Circult, Collier County, Florida, do hereby certify that the foregoing le · true copy of~ Ordinance No. 88-110 tehtchte~ adopted by the Board of County Oomaleelonere on the ~Oth day of December, 1988, during Regular 8eeelon via ~aergenc~ proceduree. County Co~mleelonere of Collier County, Florida, thl· 22th day of December, 1088. ~M~S c. OlLU .~' .. '... ,, Clerk of Courto and Clerk '.. ~ ~x-offlclo to ~d o~.. .~.~ . - Cowry Co~leoloners By: ~ureen ~n~n ' ~ .:~ ~ Deputy Clerk ), .