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Ordinance 75-09COLLIER COUNTY ORDINANCE NO. 75 ' 9. AN ORDINANCE TO CREATE THE COLLIER COUNTY FIRE ONTROL DISTRICT NO. 1 WITH POWER TO LEVY ONE (1) ~IL OF AD VALOREM TAXES UNDER SECTION 125.01(q) .~F THE FLORIDA STATUTES I ESTA2~LISI{ING THE BOARD ~F COUNTY COMMISSIONERS AS TNE GOVERNING BOARD! ' ~ROVIDING POWER TO RECEIVE, PURCHASE, OPERATE, ~dAINTAIN A/~D DISPOSE OF PROPERTY~ EMPLOY PERSONNEL! ~PROVIDING AN EFFECTIVE DATE. m~WHEREAS, the public safety requires fire control 'services within Collier County, Florida and Section 125.01(q) of the Florida Statutes grants authority for the Board of County Co~missioners to establi~h s%~ch a district. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA~ SECTION ONE~ 1. Creation of Collier County Fire Control District No. 1. is hereby created within the boundaries described by Attachment "A" attached hereto and made a part hereof. 2. 9ov~rnin~ Board~ Powers and.Duties.. · a. The governing board of the district shall the Board of County Commissioners of Collier Count~', Florida / with the power and duty to conduct tho affairs of th~ with the powers prescribed by Florida Statutes Section 125.01(q) including, but not limited to the power to equip, operate and maintain fire department services within the distriut.l to buy, lease, sell, exchange, or ot~erwise acquire, hold and of equipment and other person91 or real property; to emplo~ and discharge employers and authorize them to enter upon private a~d public property at reasonable t~mes to inspect, combat and investi~ate bossible and actual fire h~zard~ and occurrences; to promulgate rules and regulations for the pre- vention and control of fire and to otherwise pro~eot persons and property within the district. b. Upon adoption of the district budget by the Board it shall cause the budget to be recorded in the Board minu~es and shall cause to be levied on all property within the a millage sufficient to fund the budget not exceeding one (1) mill in any one yea~ to be assessed and collected as though County taxes, c. The Board of County Co.~lsstoners shall cause to be= 1) Issued all warrants for services, equipment, . materials and other ~xpenses incurred by the District and approved for payment by the governing board. 2) On or before the end of each fiscal year an annual report of the receipts and expenditures of the district as required by Section 218.20'et saq of the Florida Statutes. , 3. A Special Referendum E~ection Il hereby erda=ed and called to be held on March 25, 1975. in the area of the proposed District described in Exhibit "A" hereof, to submit to the qualified electors residing therein the question if the District shall be created to comprise the area described. 4. The ballots to be used for this .election shall be in substantially the following forms OFFICIAL BALLOT COLLIER COUNTY FIRE CONTROL DISTRICT NO. 1. CREATION ' ELECTION MARCH 25, 1975 SHALL THERE BE CREATED THE COLLIER COUNTY FIRE CONTROL DISTRICT TO PROVIDE FIRE PROTECTION SERVICES TO THOSE UNINCORPORATED AREAS OF COLLIER COUNTY NOT PROVIDED FIRE PROTECTION WITH THE POWER TO LEVY ONE (1) MILL OF AD VALOREM TAXES? ; FOR ' , ~_~ AGAINST ~7 The Clerk to the Board shall publish Notice of this election once a week for four (4) consecutive weeks' prior to the electi6n, ~he first publication to be at least thirty (30) days prior to the election. . . SECTION TWO~ 1. Construction. This Ordinance shall be liberally construed to effectuate its publio purpose. 2. Severance. If any portion, phrase or word ~f this Ordinance is held invalid or unconstitutional, the remaining parts shall not be affected. 3. Waiver of Notice. The Board of County Commissioners hereby %~aives notice requirements by a four fifths (4/Sthe) vote declaring that an emergency exists necessitating the inunediate enactment of this Ordinance. The Clerk to the Board shall file. a certified coby of this Ordinance in the Department of State as soon after its enactment as is practicable by registered, special delivery mail. ~ 4. Effective Date. This Ordinance shall not becoma effective until after adoption, ~lling with the Secretary of State, and upon =eceipt of official' acknowledgment from the Secretary of'State of the certification by the Board of County Commissioners of Collier County and its Clerk that this Ordinance was approved by referendum election. Dated~ . , February 18, 1975 ATTEST ~ MARGARET T. SCOTT Cl, er~.,of Circuit Court ,.~ . Deputy Clerk 2;. "': .'~0., , ~.,,' ........ , ~0. · /u~ , .,'"'. ,.~ ,.,..[ .. , Collier County Attorney LEGAL DESCRIPTION FOR Tile COLLIER COUNTt' FIRE CONTROL DXSTRIGT NO. 1 The description of the boundaries ara aa follows: Commencing at the NW corner of Section 12, Township 48 South, Range 25 East. being the Point of Beginning: Thence South along the West line of Section 12 and Section 13 to the SW corner of Section 1~, Township 48 Sot, th, Range 25 East; thence East along the South line of Section 13 to the SE corner; thence Sou~h along the West line of section 19 to the SW corner of Section 19. Township 48 South, Range 26 East; thence West along the ~outh line of Section 24 to corner of Section 24, Township 48 South, Range 25 East; thence South along tho We~t line of Sections 25. and 36 to the SW corner of Section 36; thence South along the Wast line of Sections l, 12, 13, and 24 the SW corner of Section 24, Township 49 South, Range 25 East; thence East along the South line of Section 24, Township 49 South, Range 25 East, and Sections 19 and 20, Township 49 South, Range 26 East to the SE corner of Section 20; chance South along the West line" of Sections 28 and 33 to the SW corner of Section 33, Township 49 South, Range 26 East; thence South along the West line of Sections 4, 9, / 16, 21, 28 and 33 to the SW corner of Section 33, Township 50 South, Range 26~East; thence South along the West line of Sections 4, 9 and 16 to the SW corner of Section 16, Township 51 South, Range 26 East; thence Wast along the South line of Sections 1'7 and '18, Township 51 South,.· Range 26 East; then'ca West along the South line of Sections 13 and 14, Township 51 So.uth, Range 2§ East to,the Mean High.dater line of the Gulf of Mexico; thence Southeast along the Mean High Water line of the Gulf of Mexico till intersecting Big 'Marco Pass the Gulf of Mexigo'; th3ence .following the Marco River 'to the intersection of SR 92; thence Northeast following the center line of SR 92 to the intersection of the North lin~'of'Section 33j'thenC~ East along the North line of S~ctions 33 and 34 to the NE corner of Section 34, Township 51,South, Range 27 East; thence North along the East line of Section 27 and Section 22 to the NE corner of Section 22, Township 51 South, Range 27 thence West along the North line of Section 22 to the NW corner of Section 22, Township 51 South, Range 27 East; thence North along the East line of Section 16, Township 51 South, Range 27 Eas~; thence Wast along the North line of S~ction 16 ~o ':ha NW corner of Smc~ion 16, Township 51 South anco North along the East line of Section 8 to the NE corner oi Section 8, Township 51 South, Range 27; thence West along the North line o£ Section 8 and 7 to the NW corner of Section 7, Township 51 South, Range 27 East; thence West along the North line of Section 12 to the NW corner of Section 12, Township 51 South, Range 26 East; thence North along the WesE line of Section I to the NW corner of Section 1, Township 51 South, Range ~6 East; thence North along the Wes~ line 'of Sections 36, 25, 24, 13, 12 and 1 to the NW corner of Section l, Township 50 South, Range 26 East; Chence North alonE the West line of Sections 36, 25, 24, 13, 12 and l to the~ corner'of Section l', Township 49 South, Range 26 East; thence North alonE the West line of Sections 36 and 25 to the.NW corner of Section 25, Township 48 South, Range 26 East; thence West along the North line of Sections 26, 27 and 28 to the NI4 corner of Section 28, Township d8 South, Range 26 East; thence North along the West line of Sections 21, 16 and 9 to the h'd corner of Section 9, Township 48 Sauth, Range 26 East; thence West along the North line of Sections 8 and 7, Township 48 South, Range 26 East and along =he North line of Section 12, Township 48 South,'Range 25 East (Collier - Lee County Line) to the pla~e of the Beginning, Excluding all that area of land lying in Sections 2, 3, 9, 10, 11, 14, 15, 16, 21, 22, 23, 26, '2; and 28 in Township 49 South, Range 26 East known as Golden Gate Fire Control Districtl and excluding all that area of land in Henderson Creek Park Subdivision as recorded in Plat Book 6, Page 8; Henderson Creek Park Subdivision 1st Addition as recorded in Plat Book 8, Page 41 known as Nenderson Creek Park Fir~ Control Dis~rict~ , '"