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Ordinance 87-068I II ORDINANCE NO. 87- 68 AN ORDINANCE AMENDING ORDINANCES NO. 86-34 AS AMENDED BY 86-71 BY AMENDING THE BOUNDARIES OF THE LELY GOLF ESTATES BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Ordinances No. 86-34 and 86-71 creating the Lely Golf Estates Beautification Municipal Service Taxing Unit; and :"' ~',~ WHEREAS, there is a need to amend the boundaries of.-the' Lely- ' Golf Estates Beautification Municipal Service Tax£ng Un!g.. -- NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY - ' COMMISSIONERS OF COLLIER COUNT"f, FLORIDA, that: SECTION ONE: AMENDED BOUNDARIES Section One of Ordinance No. 86-34 as amended by Ordinance No. 86-71 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 Beautification Municipal Service Taxing Unit (hereinafter referred to as the "Unit") with boundaries described as follows: All of the lands within the platted boundaries of Lely Golf Estates as filed in Plat Book 8, Page 49 of the Public Records of Collier County, Florida; All of the lands within the platted boundaries of Lely Golf Estates, Unit No. 2, as filed ir. Plat Book 8, Page 58 of the Public Records of Collier County, Florida; All of the lands within the platted bouhdaries o~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 lands within the 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; All of the lands within the platted boundaries of Lely Golf Estates, St. Andrews West Section, as filed in Plat Book 10, Page 93 of the Public Records of Collier County, Florida; All of the lands within the platted boundaries of Pinehurst Estates, as filed in Plat Book 12, Page 1, of the Public Records of Collier County, Florida; Pa~-~-T~a~-UKU? All of the lands within Tract "K", Lely Golf Estates, Tract MaR, according to the plat recorded in Plat Book 8, Page 20, of the Public Records of Collier (Words s~r~ek-~h~u~h are deleted; words underlined are added.) County, Florida, beim~-me~e-par~e~a~ty-dese~Be~-as Be~eYa~dT-~hen~e-S~h-58-~Bz48u-Wes~-a~e~-sa~d Less and except the following described real property: Beginning at. the Northwest corner of Tract "K" of the plat thereof,.Lely Golf Estates, as recorded in Plat Book 8, page..20,..of the Public Records of Collier County~ Florida; thence North 39°06'20'' West a distance of 266.50 feet; thence North 50°53'40'' East a distance of 35.00 feet; thence South 78"00'02'' East a distance of 342.41 feet; thence South 57°41'23'' East a distance of 362.07 feet; thence North 71° 13'07" west a distance of 405.18 feet; thence South 5~ 53'40" West a distance of 150.00 feet to the Point of Beginning~ bearings and distance based on the plat of Lely Golf Estates, Tract Map, .as recorded in Plat Book 8, Page 20 of the Public Records of Collier County, Florida. 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: Commence at the Southeast corner of Section 19, Tg~wnship 50 South, Range 26 East, and run North 39"06'20" West, 359.82 feet to Point of Beginning; thence South 50"53'40'' West 473.35 feet to the Easterly right-ofTw~y 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 the boundary line of said Tract J; thence 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: 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 Southeast corner of said Section 19, said corner being marked by a Collier County monument, run South (Words s~ek-%h=eugh are deleted; words underlined are added.) 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 39°03'01'' East 360.06 feet to the Point of Beginning; bearings and distances based on the legal description recorded in OR Book 1077, Page 1632 of the Official Records of Collier County, Florida. 2. The Unit'hereby created and established is for the purposes of beautifyiDg and maintaining the median strips 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. 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 this 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 THREE. EFFECTIVE DATE This ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 8th day of~_ September , 1987. ATTEST: JAMES C. GILES, Clerk ~': .'."':~. virg~ii~ Magri ~/ ~ i ;"?:,'~ Depu%~:'~lerk .G '..i.~Mpprove'~.:~m, to form and '..'~.'..iIegal!~uf',f~ciency: Assistant County A~corney BOARD OF COUI~TY COMMISSIONERS COLLIER COUNTY, FLORIDA This ordinance filed with the tary of Stgte's~Off;~ ~e~ a~ ac~ledgement pf that (Words struck-through are deleted; words underlined are added.) STATE OF FLORIDA ) COUNTY OF COLLIER ) ~, JAMES C. GILES, 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 87-68 which was adopted by the Board of County Commission.ers on the 8th day of September, 1987 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 8th day of September 1987 , , .,,~,,, ~,~!~ ~. ~,~,~,,,, · - ..' "'"" JAMES Clerk Z×-off~e Boa~a.%~ County :~",~sio~e~:' ~ _-~ /. ~/~_..~.~ '... ~.~, ., ' , ~ . - ,. By: V].rgzn~.a Deputy Clerk