Ordinance 78-67 ORDIN~;CE NO. 78- 67
AN ORDINANCE CREATING THE PELICAN BAY LIGHTING MUNICIPAL
SERVICE TAXING DISTRICT; PROVIDING THE BOUNDARIES OF THE
DISTRICT; DESIGNATING THE GOVERNING BODY OF THE DISTRICT;
AUTHORIZING THE LEVY OF TAXES AS PROVIDED BY LAW; PROVI-
DING 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 Pelican Bay Lighting Municipal Service Taxing District is
hereby created for the purpose of providing lighting to the
residents of the district. This district shall be deemed a
municipal service taxing or benefit unit as the same are delineated
by Section 125.01(q), Florida Statutes.
SECTION TWO: The district boundaries shall be as follows:
All of the lands encompassed in that certain recorded
subdivision known as Pelican Bay Unit I, as recorded
in Plat Book 12, Pages 47-52, inclusive, of. the public
records of Collier County, Florida; and
All that part of Section 4, Township 49 South, Range 25
East, Collier County, Florida, being more particularly
described as follows:
BEGINNING at the Northeast corner of Parcel "J" of
Pelican Bay Unit One; thence Northerly 585.52 feet
along the arc of a circular curve concave to the East,
having a radius of 2325.72 feet and being subtended
by a chord which bears North 50-52'-01" West 583.98
feet; thence South 88'-39'-15" East 120.00 feet; thence
Southerly and Southeasterly 81.09 feet along the arc
of a non-tangential circular curve concave to the
Northeast having a radius of 50.00 feet, and being
subtended by a chord which bears South 45'-07'-00'.'
East 72.49 feet; thence North 88'-2§'-15" East 67~.47
feet; thence Northeasterly 450.56 feet along the
· =:of a circular curve concave to the Northwest, hav'~i~g
f--a rad~u~of 883.84 feet, and being subtended by a.~ --
[ =ochord[~_'~Ch bears North 73'-49'-0~" East 445.70 f~et;
.,~,\ ~-then~'North 2'-52'-05" West 599.82 feet; thence Korth
~,~=7'-15~.~,05!' West 417.00 feet; ti-enos South 86'-34'~0"
'~.East ~72~_~5 feet; thence Northeasterly 1263.61 fe~
[i~ ;~alon~6% arc of a non-tangential circular curve 6~6ncav~
°=_{=~to th~ ~theast, having a radius of 1260.00 feet and
~eing~sht~tended by a chord which bears North 60'-37'-17"
=:East 121~32 feet; thence North 89'-21'-05" East 267.07
.~-feet; thence Easterly and Northeasterly 78.54 feet along
the arc of a circular curve concave to the Northwest,
having a radius of 50.00 feet and being subtended by a
chord which bears North 44'-21'-00" East 70.71 feet to
the West Right-of-Way line of U.S. 41 (Tamiami Trail);
thence along said Right-of-Way line, South 0'-38'-55"
East 220.00 feet; thence Northerly and Northwesterly
78.54 feet along the arc of a non-tangential circular
curve concave to the Southwest having a radius of 50.00
feet and being subtended by a chord which bears North
45 -38 -55 West 70.71 feet; thence South 89 -21 -05
West 267.07 feet; thence Southwesterly 1401.27 feet along
the arc of a circular curve concave to the Southeast
having a radius of 1140.00 feet and being subtended
by a chord which bears South 54'-08'-16" West 1314.71
feet; thence South 18'-55'-27" West 256.64 feet; thence
Southwesterly 1121.14 feet along the arc of a circular
curve concave to the Northwest, having a radius of 1003.84
feet and being subtended by a chord which bears South
50"-55'-10" West 1063.77 feet; thence South 11"-01'-35"
West 377.42 feet; thence South 34"-39'-35" West 773.00
feet; thence North 76"-52'-25" West 169.35 feet to the
East Right-of-Way line of Pelican Bay Boulevard as
shown on the Plat of Pelican Bay Unit One; thence along
said Right-of-Way line Northerly 317.69 feet along the
arc of a non-tangential circular curve concave to the
West having a radius of 1260.00 feet and being subtended
by a chord which bears North §e-51'-21" West 316.85 feet;
thence continue along said Right-of-Way line North 13"-04'-45"
West 253.54 feet; thence South 76e-55'-16'' Weet 120.00 feet
to the Point of Beginning of Lighting District Parcel
outside of Pelican.Bay Unit I herein described.
SECTION THREE: The District is formed for the purpose of
providing street lighting in the above described tract of land.
SECTION FOUR: The governing body of the district aha11 be ex
officio the Board of County Commissioners of Collier County,
Florida. The Board shall have the power to do all things reason-
ably necessary to carry out the purpose of the district including
ownership or rental of property, poles, wires, 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. The Board shall
further have the power to enter into an agreement with the Pelican
Bay Improvement District Board of Supervisors, as established by
Chapter 74-462, Laws of Florida, Special Acts, 1974, fo~ the
performance, by said Board of Supervisors, of any of the fore-
going functions.
SECTION FIVE: For the purpose of carrying into effect this
Ordinance, the Board of County Commissioners shall annually,
at the time requited by general budgetary law, make an itemized
estimate of the amount of money required to carry out the
business of the District 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
district. At the time and place for fixing the annual rate
of taxation for county purposes, the Board shall fix end
cause to be levied on all property within the district
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.
SECTIOI{ SIX: Taxes herein provided for shell be assessed
and collected in the same manner end 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 SEVEN: This Ordinance shall be liberally construed
to effectuate its public purpose.
If any portion, phrase or word of this Ordinance is
held invalid or unconstitutional, the remaining parts shall
not be affected.
SECTION EIGHT: This Ordinance shall become effective as
provided by law.
ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIEE
COUNTY, FLORIDA, this 28th day of November, 1978.
STAT~ CF FnOPam )
COUNTY CF COLLIER )
BOARD ~OUNTY COMMISSIONERS
I, WITZ.T/~I J. REAGAN, Clerk of Courts in and for the Twentieth Jt~licial
Circuit, Oollier County, Florida, do hereby certify that the foregoing is a
true original of ORDINANCE NO. 78-67 which was adopt~ by the Board of County
O~,.{ssicners d%zing }~gular Session November 28, 1978.
WITNESS my hand and the official seal of the Board of Counb! O:m~iss~
of Collier County, Florida, this 28th day of November, 1978.
This ordinance filed with the
Secretary of State's Office the
1st day of December, 1978, and
'acknowledgement of that filing
received this 5th day of December,
1978.