Ordinance 2017-33 ORDINANCE NO. 2017- 3 3
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO. 02-61,AS
AMENDED, THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT
DISTRICT NUMBER 2; PROVIDING AUTHORIZATION FOR THE
EXERCISE OF SPECIAL POWERS REGARDING MOSQUITO
CONTROL PURSUANT TO SECTION 190.012(2)(e), FLORIDA
STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 19, 2002, the Board of County Commissioners (Board)
adopted Ordinance No. 2002-61 establishing the Fiddler's Creek Community Development
District #2 (District), as a community development district within the meaning of Chapter 190,
Florida Statutes; and
WHEREAS, on June 24, 2014, the Board approved Ordinance No. 2014-26, amending
Ordinance No. 2002-61, which expanded the external boundaries of the District from 998.6 acres
to 1,068.09 acres,or 69.30 additional acres and authorized the exercise of special powers regarding
parks and facilities or indoor and outdoor recreational, cultural and educational uses and security;
and
WHEREAS, on May 9, 2017, the Board further amended the District via Ordinance No.
2017-16 to decrease the total acreage to 1,059.734 acres; and
WHEREAS, the residents of District have experienced an increase in the mosquito
population in their community; and
WHEREAS, the District has requested that Collier County consent to the exercise by the
District of special powers relating to mosquito control; and
WHEREAS, Section 190.012(2)(e), Florida Statutes, allows the Board to authorize the
District to exercise the special power of "control and elimination of mosquitoes and other
arthropods of public health importance;" and
WHEREAS,the Board consents to the District exercising this special power to combat the
mosquito infestation within the boundaries of the District.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to Section Six of Ordinance No. 02-61, as amended;
Authorization to Exercise Additional Special Powers.
Page 1 of 2
Section Six of Ordinance No. 02-61, as amended, be further amended by adding the
following:
The District is hereby authorized to exercise the special power to plan, establish, acquire,
construct or reconstruct,enlarge or extend, equip, operate, and maintain additional systems
and facilities for the control and elimination of mosquitoes and other arthropods of public
health importance pursuant to Section 190.012(2)(e), Florida Statutes.
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 this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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
Ordinance of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered 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 become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this \ v: �� day of o\L-\ , 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DW HT E IBROC , CLERK COLL kiip TY, FLORIDA
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e as to m'an'S Deputy Clerk PENNY f LOR, C ayr AN
aturetniy.
Approved as to form and legality:
A ,_ _ ‘-t/-'. This ordinance filed with the
Emily R. P4 n Secretary of State's Office the
. day of --TA-6.1 d-O t"—
Assistant County Attorney and acknowledgement o that
filing r ceived this law( day
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 12, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2017-33, which was filed in this office on July 12, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us