§ 262-633. Jurisdiction, restrictions, and boundaries.

As applied to the City of Naples, Everglades City, Immokalee Water and Sewer District, Marco Island, Golden Gate, and other unincorporated areas.

(1)

The Collier County Water-Sewer District Board shall exercise jurisdiction over the provision of water and sewer services within the boundaries as hereinafter provided for. The board shall be exempt from the provisions of F.S. Ch. 120. No privately-owned water or sewer utility shall be abandoned without adequate provision for continuance of service and the prior approval of the board.

(2)

Notwithstanding any other provisions of this Act, the district board shall exercise no jurisdiction or power of any kind over properties located within the boundaries of the City of Naples water and/or sewer service areas, or Everglades City, as all such boundaries exist on the effective date of this Act, except as may be consented to in writing by the respective city councils. The district board may exercise jurisdiction and power over properties located within the prior geographic boundaries of the Pelican Bay Improvement District. In 1991 the district assumed the bonds of that district and, pursuant to Resolution No. 91-216 began serving within that geographic area.

(3)

Any portion of the unincorporated area of Collier County, except the Immokalee Water and Sewer District, and the areas described in subsection (5), paragraphs a., b., c., and d., may be added to the boundaries of the Collier County Water-Sewer District by adoption of a resolution by the district board. Such resolution may be adopted only after notice of intent to consider the resolution at a public hearing at a specified date, place, and time shall have been published at least once a week for two consecutive weeks in a newspaper of general circulation in Collier County. Areas described in paragraphs a., b., c., or d. in subsection (5), can be added to the district's service area as then authorized by law.

(4)

Nothing in this Act shall be construed to negate or otherwise limit the powers, authority, and jurisdiction of the Board of County Commissioners of Collier County to provide for water and sewer services under then-existing general law in any portion of Collier County.

(5)

The boundaries of the district are described as follows:

Beginning at the easterly shoreline of the Gulf of Mexico and the north line of Section 6, Township 48 south, Range 25 East, Tallahassee Meridian, Collier County, Florida; thence east along the north line of said Section 6 and Section 5 to the northeast corner of Section 5, Township 48 south, Range 25 east; thence south along the east line of said Section 5 to the southeast corner of said Section 5, Township 48 south, Range 25 east; thence east along the north line of Sections 9, 10, 11, and 12 of Township 48 south, Range 25 east to the northeast corner of Section 12, Township 48 south, Range 25 east; thence east along the north line of Sections 7, 8, and 9 to the northeast corner of Section 9, Township 48 south, Range 26 east; thence south along the east Section line of Sections 9 and 16 to the southeast corner of Section 16, Township 48 south, Range 26 east; thence east along the north Section line of Sections 22 and 23 to the northeast corner of Section 23, Township 48 south, Range 26 east; thence south along the east section line of Sections 23, 26 and 35 to the southeast corner of Section 35, Township 48 south, Range 26 east; thence south along the east line of Sections 2, 11, 14, 23, and 26 to the southeast corner of Section 26, Township 49 south, Range 26 east; thence east along the north line of Section 36, Township 49 south, Range 26 east to the northeast corner of said Section 36; thence south along the east line of Section 36, Township 49 south, Range 26 east to the southeast corner of said Section 36; thence south along the east line of Section 1 to the southeast corner of Section 1, Township 50 south, Range 26 east; thence west along the north line of Section 12, Township 50 south, Range 26 east to the northeast corner of said Section 12; thence south along the east line of Sections 11, 14, 23, 26 and 35, Township 50 south, Range 26 east to the southeast corner of Section 35, Township 50 south, Range 26 east; thence south along the east line of Section 2, Township 51 south, Range 26 east to a point of the east line of Section 2 lying one mile north, as measured perpendicular to the northerly right-of-way line of U.S. 41, State Road 90, Tamiami Trail; thence southeasterly along a line lying one mile north, as measured perpendicular to the northerly right-of-way line of U.S. 41, State Road 90, Tamiami Trail, to a point on the east Section line of Section 22, Township 51 south, Range 27 East; thence continue south along the east Section line of Sections 22, 27 and 34, Township 51 south, Range 27 east, to the southeast corner of said Section 34; thence continue south along the east Section line of Section 3, Township 52 south, Range 27 east, to the intersection of said east Section line of Section 3 with Black Water River; thence southerly along the waters of Black Water River and Black Water Bay to their intersection with Gullivan Bay; thence Westerly along the waters of Gullivan Bay and Sunfish Flat and Caxambas Bay to Caxambas Pass; thence west through Caxambas Pass to the easterly shoreline of the Gulf of Mexico; thence northerly along the easterly shoreline of the Gulf of Mexico to the intersection of the easterly shoreline of the Gulf of Mexico and the north line of Section 6, Township 48 south, Range 25 east, being the point of beginning; and beginning at the southwest corner of Section 31, Township 48 south, Range 27 east; thence along the west line of said Section 31, north 01°09'24" west 171.66 feet; thence leaving said west line north 83°50'36" east 127.49 feet; thence north 68°11'27" east 312.23 feet; thence south 83°37'40" east 1074.79 feet; thence north 12°38'39" east 90.57 feet; thence north 74°34'44" west 439.84 feet; thence north 89°59'36" west 538.03 feet; thence north 47°32'40" west 324.00 feet; thence north 29°27'34" west 131.44 feet; thence north 06°47'28" west 278.30 feet; thence north 85°09'12" east 1,515.99 feet; thence north 04°50'48" west 350.00 feet; thence north 89°57'58" east 940.00 feet; thence north 22°40'09" east 580.00 feet; thence north 32°24'35" west 831.83 feet; thence north 07°23'02" west 1,884.92 Feet; thence north 24°30'12" east 230.40 feet; thence north 63°03'47" east 78.78 feet; thence south 60°24'49" east 68.67 feet; thence south 69°35'20" east 178.33 feet; thence south 66°45'54" east 103.57 feet; thence south 41°21'25" east 58.77 feet; thence south 09°23'59" east 146.74 feet; thence south 60°56'19" east 161.95 feet; thence south 86°10'30" east 169.68 feet; thence south 65°47'35" east 108.59 feet; thence south 61°42'19" east 160.73 feet; thence south 51°09'20" east 246.90 feet; thence south 17°08'46" east 135.69 feet; thence south 05°30'20" east 174.19 feet; thence south 36°22'19" east 85.39 feet; thence south 01°28'39" west 193.59 feet; thence south 20°43'55" west 57.31 feet; thence north 89°21'53" east 132.49 feet; thence south 00°38'07" east 600.72 feet; thence north 87°40'00" east 1319.77 feet to a point on the east ¼ corner of said Section 31; thence along the east line of said Section 31, south 00°39'23" east 2682.53 feet to the southeast corner of said Section 31; thence along the south line of said Section 31, south 87°55'34" west 5136.08 feet to the point of beginning of the parcel herein described; containing 112,640 acres more or less; subject to easements and restrictions of record, bearings are based on the south line of said Section 31, being south 87°55'34" west;

Less and except all of the following:

a.

Any lands lying within the City of Naples water and sewer service areas, as may be revised from time to time by mutual agreement between the City of Naples and the County Water-Sewer District of Collier County, Florida.

b.

All lands that are subject to Florida Public Service Commission Certificate No. 452-W and Florida Public Service Commission Certificate No. 386-S, heretofore granted to Marco Island Utilities pursuant to Florida Public Service Commission Order No. 17218; and (less and except) all lands that are subject to Florida Public Service Commission Certificate No. 470-W and Florida Public Service Commission Certificate No. 405-S heretofore granted to Marco Shore Utilities pursuant to Florida Public Service Commission Order No. 17218.

c.

All lands known as the City of Golden Gate (an unincorporated area) described as follows:

All of Sections 21, 22, 27, and 28, Township 49 south, Range 26 east, less the east 100 feet of said Sections 22 and 27. Also the following described portions of Sections 15 and 16, Township 49 south, Range 26 east. Commence at the southeast corner of said Section 15, S. 84°44'22" W. along the south line of the SE ¼ of said Section 15 for 100.42 feet to a point on the westerly right-of-way line of State Road No. 858 and the point of beginning; thence continue S. 84°44'22" W. 2,555.94 feet to the south ¼ corner of said Section 15; thence S. 84°32'25" W. along the south line of the SW ¼ of said Section 15 for 2,653.76 feet to the southeast corner of aforesaid Section 16; thence S. 89°51'27" W. along the south line of said Section 16 for 5,290.68 feet to the southwest corner of said Section 16; thence N. 00°36'43" W, along the west line of the SW ¼ of said Section 16 for 641.49 feet; thence S. 89°57'11" E. 5,290.05 feet to a point of intersection with the east line of the SE ¼ of the said Section 16, said point bearing N. 00°41'07" W. and a distance of 624.00 feet from the southeast corner of said Section 16; thence east 5,194.36 feet to a point of the westerly right-of-way line of State Road No. 858; thence south, along said westerly right-of-way line, 137.12 feet to the point of beginning, all of the above lying and being in Collier County, Florida. NOTE: No part of this land is within any boundary of any municipal corporation.

d.

Everglades City; The Immokalee Water and Sewer District. Because no boundary of the Collier County Water-Sewer District is now in close physical proximity to either the Everglades City or to the Immokalee Water and Sewer District, it is not necessary to describe with particularity in this Act the geographic boundaries of that city or that district.

(Laws of Fla. ch. 2003-353, § 3)