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Ordinance 2012-40 %o , ;%, -:,, ' \\ '\, ORDINANCE NO. 2012- 4 0 <e)A AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 91-107, AS AMENDED, WHICH ESTABLISHED THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT, BY AMENDING SECTION ONE IN ORDER TO EXPAND THE PURPOSE OF THE UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 1991, the Board of County Commissioners adopted Ordinance No. 91-107, establishing the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (the "MSTU"); and WHEREAS, the Board of County Commissioners subsequently amended OrO anc lo. 91-107 through its adoption of Ordinance Nos. 2000-57, 2002-23, 2005-20, and 2009-28; arkl) WHEREAS, the MSTU's Advisory Committee requested that the Board of County Commissioners revise Section One of Ordinance No 91-107, as amended, to expand the purpose ~° of the MSTU to include the construction of roadways and roadway improvements as:deterniTned ' by the Advisory Committee; and 1 -' Y_ WHEREAS, on October 9, 2012, the Board of County Commissioners, as the governing body of the MSTU, approved the amendment to Ordinance No. 91-107, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 91-107, AS AMENDED. Section One is hereby amended to read as follows: SECTION ONE: Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Created: Boundaries, Purpose, Taxing Authority. 1 Underscored words are added; struck through words are deleted. 1. There is hereby created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (hereafter referred to as the "Unit") with boundaries described as follows, to wit: A tract of land in Section 14, Township 49 South, Range 25 East, Collier County, Florida described as follows: Commencing at the Northwest comer of said Section 14, run S. 00° 19' 00" W along the west line of said Section 14 for 50.00 feet to the POINT OF BEGINNING, said point being on the Southerly Right-of-way line of State Road S-896 (Pine Ridge Road) and being the Northwestern most corner of the Forest Lakes Homes as recorded in Plat Book 12, Pages 41 - 46 in the public records of Collier County, Florida; thence run East, along said Right-of-way line for 1275.27 feet to a point on the Western right-of-way of Forest Lakes Boulevard; thence continuing along said right-of-way of SR S-896, East for 1,372.88 feet to the North 1/4 corner of Section 14; thence continuing along said Right-of-way N. 89° 59' 40" E for 1,323.81 feet to a point on the East line of the Northwest 1/4 of the Northeast 1/4 of said Section 14 and being the Eastern right-of-way of Woodshire Lane; thence leaving SR S-896 and run along the Eastern right-of-way of Woodshire Lane and the east line of the Northwest 1/4 of the Northeast 1/4 of said Section 14, S 00° 04' 18" E for 749.54 feet to a point of curvature of said road; thence leaving said road and continuing along said line, S 00° 04' 18" E for 512.50 feet to the Southeast corner of the Northwest 1/4 of the Northeast 1/4 of said Section 14; thence along the South line of the Northwest of the Northeast '/4 S 89° 48' 47" W for 512.50 feet to a point on the Southern right-of-way of Woodshire Lane; thence continuing along said line S 89° 48' 47" W for 811.38 feet to the North-South 1/2 line of said Section 14; thence along the Eastern right- of-way of Woodshire Lane and the North-South 1/2 line S 00° 01' 23" E for 2,508.87 feet to a point; thence leaving said line S 89° 39' 24" W for 21.59 feet to a point, said point being the Southeasterly most corner of Forest Lakes Homes as recorded in Plat Book 12, Pages 41--46 in the public records of Collier County, Florida; thence S 89° 39' 24" W for 476.79 feet to a point of curvature; thence 221.52 feet along the arc of a curve, concave to the Southeast, having a radius of 667.29 feet and subtended by a chord having a length of 220.51 feet and bearing S 80° 08' 46.5" W to a point of tangency; thence S 70° 38' 09" W for 78.45 feet to a point of curvature; thence 990.66 feet along the arc of a curve, concave to the Northeast, having a radius of 1,250.00 feet and subtended by a chord having a length of 964.94 feet and bearing N 86° 39' 35.5" W to a point of reverse curvature; thence 829.00 feet along the arc of a curve, concave to the South, having a radius of 900.00 feet and subtended by a chord having a length of 800.00 feet and bearing S 89° 39' 24" W; thence S 89° 38' 30" W for 64.95 feet to a point 2 Underscored words are added; struck through words are deleted. on the West line of Section 14, said point being the Southwestern most corner of Forest Lakes Homes subdivision; thence N 02° 15' 35" W along said West line for 1,195.80 feet to the West 1 /4 corner of Section 14; thence continuing along said West line N 00° 19' 00" E for 2,595.97 feet to the POINT OF BEGINNING. 2. The Unit hereby created and established is for the purpose of providing, installing and maintaining improved roadway lighting, traffic control signage and devices, the installation of sidewalks and related amenities, beautification and maintenance of areas within the MSTU as .- - ---•--: : -- • : • : - : •- •-• --, the construction of roadways, roadway improvements and roadway-related drainage and roadway restoration within the area of the Unit as determined by the Advisory Committee; and to that end shall possess all the powers to do all things reasonably necessary in connection therewith, including but not limited to, maintenance of any improvements. - - . . •- - - . . • -•- . . . .• - - ,• • . . - . -- - . . - . . 1. Existing road bed mixed in place. 2. Prime and cover. 3. 2" of asphalt pavement surface course. 13, Providing- pump a farce maw for . . : : - : - . . - • . • - Said Unit shall have the authority to levy ad valorem taxes as prescribed by law not to exceed four mil in any one fiscal year. 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 the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 3 Underscored words are added; struck through words are deleted. separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article" or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida on October 9, 2012. ATTEST; 1. Bo/Pp :; BOARD OF COUNTY COMMISSIONERS DWIGHT E'.:1 RbCI' Clerk OF COLLIER COUNTY, FLORIDA By: t uI By: (A) , D,,. y Cle '' Fred W. Coyle, Chairman Attiit-A tQ CNtli S1 ram, Approved as to form and . Legal sufficiency: `Zced e Scott R. Teach Deputy County Attorney This ordinance filed with the Secretary of State's Off.cee (1+hday of Octobev, -63 I and acknowledgement of that filing received this 3�St day of$ a_ 201 By Deputy Clerk !� 4 Underscored words are added; struck through words are deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E . BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2012-40 Which was adopted by the Board of County Commissioners on the 9th day of October, 2012 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of October, 2012 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of Boar County Commiss e s, '.' /104 . ', .% .:r,), : , By: Martha 'krgara / Deputy Cler .. krr .,