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Ordinance 79-043ORDINANCE NO. 79-43 AN ORDINANCE CREATING THE VICTORIA PARK II LIGHTING MUNICIPAL SERVICE TAXING DISTRICT; PROVIDING TH£ BOUNDARIES OF THE DISTRICT; DESIGNATING THE GOVERNING BODY OF THE DISTRICT; AUTHORIZING THE LEVY OF TAXES AS PROVIDED BY LAW; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COmmISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: Pursuant to Chapter 125 of the Florida Statutes, the Victoria Park II Lighting Municipal Service Taxing District is hereby created for the purpose of providing lighting to the residents of tho district. This district shall be deemed a municipal service taxing or benefit unit as the same are delineated by Section 125.01Cq), Florida Statutes. SECTION TWO: The district boundaries shall be ss follows: Commencing at the Southeast Corner of Section 26, Township 48 South, Range 25 East, Collier County, Florida; thence along the south line of said Section 26, South 89o15'18" West 1895.57 feet to the Point of Beginning of the description of land, said Point of Beginning being the southwest corner of Lot 16 of Block of Victoria Park Unit One (Plat Book 11, Page 7 and 8), Collier County, Florida; Thence continuing along the south line et' said Section 26, South 89o15'18'' West 1155.00 feet; thence North 0o44'42" West 240.00 feet; thence North 45°21'02'' East 234.40 feet: thence North 15° 12 .00 feet; 30'29" West 123.29' feet; thence north 54°29'$1'' Fast thence North $SO$0'29" West 90.00 feet: thence North 54 29' East 84.00 feet; thence Northwesterly 61.29 feet along the arc of a circular curve concave to the southwest, having a radius of $42.00 feet, subtended by a chef{ which bears North 40°-x8'$0' West 61.I0 feet; thence North 22"00'00' East 163,81 feet; thence North 44~30~00'' East 170.00 feet; thence North 0~50~29'' West 295.00 feet to the north line of the south % of the sout~ said Section 26; thence along said northoline o~ th~ sou~%~ the south % of said Section 26, North 89 09'31" Eas~755.~ to the northwest :orner of Lot 15 of Block I of sai~Victoria~ Park One; thence along the platted west boundary of ~id Park One in the following described courses: South 1~44'5~E[~ 200.39 feet; and southwesterly 27.05 feet along the a~ circular curve concave to th~ south, having a r~dius ~ 152~2 ~eet; subtended by a chord which bears southt~0~"' .4-4'31'~'est 27.05 feet, and southerly 978.16 feet along rc of~ cir~lar ' curve concave to the west, having a r~dius o~ 9~0.00 feet, sub- tended by a chord ~hich bears south 0 44'42" East 933.69 feet; and southeasterly 27.05 ~eet along the arc of a circular curve concave to the north, having a ~adius of 1522.82 feet~ subtended bF_a chord ~hich bears south 72 19~06'' East 27.05 feet: a~d South 17u15'32'' West 194.06 feet to the Point of End~g of the~escription of land; B~ing a par~ of ~he $ou~h ~ of ~he South h of ~C~n 26~T~nship 48 ~outh, Range 25 Eas~, Collier County, Flori~a~ntat~n~:' 51.61 acres more or less. ~i '. ~ 1 of 3 ~J~o~ SECTION THREE: The Governing Body o£ the District shall be ex- o£iicio the Board o£ County Commissioners o£ Collier County, Florida. SECTION FOUR: The District is £ormed £or the purpose of providing street lighting in the above described subdivision and to that end shall possess all the po~ers to do all things reasonably necessary to provide such services, including o~nership or rental o£ property~ poles, ~ires, conduits, lights~ meters~ and the power to maintain the same and to enter into contracts for providing the same and the electric current to operate any lighting system therein installed. SECTION FIVE: For tho purpose of carrying into e£iect this Ordinances the Board o£ County Commissioners shall annually, at the time required by general budgetary la~, make an itemized estimate of the amount of money required to carry out the business of the District for the next fiscal year~ ~hich shall be £rom 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 district. At the time and place for £ixing the annual rate of taxation £or county purposes, the Board shall fix and cause to be levied on all property within the district subject to taxation a millage sufficient to meet the requirements of the estimate; provided~ ho~ever, the total millage shall not exceed the millage authorized by la~ for municipal service taxing or benefit units. SECTION SIX: Street lighting service shall not commence prior to October 1, lV80. SECTION SEVEN: Taxes herein provided £or 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 and collecting as general county taxes. SECTION EIGHT: This Ordinance shall be liberally construed to ei£ectuate its public purpose. If any portion, phrase or word of this Ordinance is held invalid or unconstitutional, the remaining parts shall not be affected. 2 o£ 3 . L_._I l_ J SECTION NINE: Effective date o£ this Ordinance she1! become effective as provided by law. ENACTED BY THE BOARD OF COUNTY CO~4ISSIONERS OF'COLLIER COUNTY, FLORIDA, this 10th day of July ., 1979. BOARD OF cOUNTy COIv~ISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLOR/DA ) COUNTY OF COLLIER ) I, WII~,IA~ J. REAGAR, Clark of Courts in and for the T~entieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is & true original oft ORDINANCE NO. 79-43 which was adopted by the Board of County Comm~esionsrs during Regular Session ~uly 10, 1979. #I~SS my hand and the official seal of the Board of County Co~iseionars of Collier County, Florida, this 10th day of July, 1979. WILLIAM. ~. RFAGAN Clerk of Courts and Clark.< ~[U... h~lllcio to ~ard o~ ,,~i.~' ;";/,'.'. ' . County Comtsslonerl '~.' · · . ~'..". ~,~ This Ordinance filed with the Secreta~ of State's Office the 17th day of Ou~y, 1979 and acknowledgement of that ftltn9 ~ecetved this 20~h day of ~uly, 1979.By~~ 3of3