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Ordinance 86-34ORDINANCE NO. 86- 34 AN ORDINANCE CREATING THE LELY GOLF ~ ESTATES BEAUTIFICATION MUNICIPAL "' ~:. SERVICE TAXING UNIT; PROVIDING FOR ITS BOUNDARIES, PURPOSES AND TAXING AUTHOR- ITY; PROVIDING FOR ITS GOVERNING BOARD AND DEFINING ITS POWERS AND DUTIES; 'PROVIDING FOR AN ADVISORY COMMITTEE ¢- ~AND DEFINING ITS DUTIES AND ~ESPONSI- ~ tBILITIES; PROVIDING FOR AN ITEMIZED >BUDGET; PROVIEING FOR COLLECTION OF -~,.-~A×ES; PROVIDING FOR CONSTRUCTION AND ~EVERABILITY; PROVIDING AN EFFECTIVE WHEREAS~ the Board of County Commissioners has conditioned the 1evil of taxes under this Ordinance upon a referendum election to approve such levy~ and NOW, THV. REFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: L~I~ Golf Estates Beautification Municipal Service ~axlng unit Created~ Boundaries~ PurpOseS'~ Taxinq ~uthority. 1. There is hereby created the Lely Golf Estates Beautifi- cation Municipal Service Taxing Unit (hereinafter referred to as the "Unit") with boundaries described as follows: All of the lots within the plat of 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 lots within the plat of Lely Golf Estates, ~t. Andrews East Section, as filed in Plat Book 10, ~age 98 of the Public Records of Collier County, Florida; All of the lots within the plat of Lely Golf Estates, ~t. Andrews West Section, as filed in Plat Book 10, ~age 93 of the Public Records of Collier County, Florida; All of the lots encompassed within the Plat of Pinehurst Estates, as filed in Plat Book 12, Page 1, of ~he Public Records of Collier County, Florida; Part of Tract "K", Lely Golf Estates, according to the plat thereof, as recorded in Plat Book 8, Page 20, Collier County Public Records, Collier County, Florida, being more particularly described as follows: Beginning at the Northwest corner of said Tract "K", said corner being a point on the north- eastelfly right-of-way line of U.S. 41 and being marked by a concrete monument found in place; thence North 50~ 53' 40" East along the north- westerly line of said Tract "K", 150.00 feet to the northeast corner of said Tract "K"; thence South 71" 13' 07" East along the northerly line of said Tract "K", 405.53 feet; thence leaving said northerly line of said Tract "K", South 24" 46' 53" West 150.21 feet; thence South 29" 26' 58" East 252.17 feet; thence South 66" 23' 07" East 250.00 feet to an intersection with the south- easterly line of said Tract "K" and the north- westerly right-of-way line of St. Andrews Boulevard; thence South 50" 53' 40" West along said southeasterly line of said Tract "K" and northwesterly right-of-way line of Said St. Andrews Boulevard 302.99 feet to the southwest corner of Tract "K", said corner being the inter- section of the northwesterly right-of-way line of U.S. 41 with the northwesterly right-of-way line of St. Andrews Boulevard; thence North 39" 06' 20" West along the southwesterly line of said Tract "K" and the northeasterly right-of-way line of U.S. 41, a distance of 880.39 feet to the Point of Beginning of the parcel herein described: Subject to easements and restrictions of record; Con- taining 4.93 acres of land more or less. Less and except the following described lands: A ~ortion of Tract J as recorded in Plat Book 10, Page 93 of the Public Records of Collier County, and further described as to wit: Commerce at the Southeast corner of Section 19, Township 50 South, Range 26 East, and run North 39" 06' 20" West, 359.82 feet to Point of Begin- ning; thence S 50" 53' 40" West, 473.35 feet to the Easterly right of way line 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 boundary line of said Tract J; thence South 58" 29' 44" East, along boundary 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 con- taining 8.65 acres more or less. Less and except the following described real property: Description of parcel of land in Section 19, Township 50 South, Range 26 East, Collier County, Florida. All that Tract or Parcel of land lying and being in Secticn 19, Township 50 South, Range 26 East, Collier County, Florida and being more particularly described as follows: Beginning at the South East corner of said Section 19, said corner being marked by a Collier County monument, run South 88" 12' 14" West, 594.80 to the Northeasterly right-of-way line of U.S. 41 (S.R. 90.); thence North 50" 56' 59" East, 473.44'; thence South 30" 03' 01" East, 360.06' to the Point of Beginning. 2. The Unit hereby created and established is for the purposes of beautifying and maintaining the median strips of streets and certain other public areas within the Unit as 2 deter~ined by the Advisory Committee. Said Unit ,hall 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: Governing Board~ Powers and Duties. The governing board of the Unit shall be the Board of County Co~issionera of Collier County, Florida with the power and duty to conduct the affairs of the Unit as prescribed by Florida Statutes. SECTION THREE: Advisory Committeef Dutiesf Responsibilities. The Board of County Commissioners shall by ordinance desig- nate an Advisory Committee composed of residents from within the Unit with advisory authority in the business affairs of the Unit and such other duties as may be assigned from time to time by the Board of Governors of the Unit. SECTION FOUR: Itemized Budget. For the purpose of carrying into effect this Ordinance, the Board of County Commissioners shall annually, at the time required by general law, make an itemized estimate 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 monies are required and the amount necessary to be 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 one-q~arter (1/4) mill. SECTION FIVE: Collection 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 assessing a:~d collecting as general county taxes. SECTION SIX: Construction and Severability 1. This Ordinance shall be liberally construed to effec- tuate its public purpose. 2. It is declared to be the intent of the Board of County Commissioners that if any section, subsection, sentence, clause, phrase or provision of this Ordinance is held invalid or uncon- stitutional, such invalidation or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provi~.'ons of this Ordinance. SECTION SEVEN: 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 on this the 22nd day of .Tu]y , 1986. AT--Ts ,J~A,M~{~g ~LES, Clerk ..- ...:.:.-..?~,~ ~: ~7~. Y ~ ~ .... '",5 "':r2 legal sufficiency: David C. WeigeI Assistant County At~rney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PISTOR, Chairman 024.:, 30 STATE OF FLORIDA ) COUNTY OF COLLZER I, 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 original of: ORDINANCE NO. 86-34 which was adopted by the Board of County Commissioners during Regular Sessicn on July 22, 1986. WITNESS ~y hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of July, 1986. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to the Board of Countv Commissioners ·