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Resolution 2003-294 .------ - ll~ ~'~ t) ~iI 4 RESOLUTION 2003- --t9-+- A RESOLUTION CALLING FOR THE ELECTION OF ME:MBERS TO THE BOARD OF SUPERVISORS OF THE HERIT AGE GREENS COMMUNITY DEVELOPMENT DISTRICT BY QUALIFIED ELECTORS, TO BE HELD AT THE POLLS ON NOVEMBER 4, 2003, AS SET FORTH IN SECTION 190.006, FLORIDA STATUTES, AS AMENDED. WHEREAS, the Dove Pointe Community Development District Community was established on July 26, 1993, by Collier County Ordinance Number 93-39 and pursuant to the provisions of Chapter 190, Florida Statutes; and WHEREAS, the Dove Pointe Community Development District was later renamed the Heritage Greens Community Development District by Collier County Ordinance Number 96-67; and WHEREAS, as outlined in Section 190.006, Florida Statutes, a Community Development District of less than 5,000 acres in area must elect members of the Board of Supervisors by qualified electors after a minimum of six (6) years and if there are at least 250 qualified electors in the District; and WHEREAS, the area served by the District is approximately 251.521 acres; and WHEREAS, the number of qualified electors has reached and now exceeds 250 members; and WHEREAS, the Heritage Greens Community Development District has been in existence for more than six (6) years; and WHEREAS, two (2) of the members of the Board of Supervisors of the District whose terms are expiring in November, 2003, are required to be elected by qualified electors pursuant to Chapter 190, Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida pursuant to general law , herein calls for the election of members to the Board of Supervisors for the Heritage 16l{ 6 J ;;;1 Greens Community Development District by qualified electors as set forth in Chapter 190, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Election Called. The election is hereby ordered and called to be held at the polls on November 4,2003, for the purpose of electing two (2) members to the Board of Supervisors of the Heritage Greens Community Development District by qualified electors as provided for by Chapter 190, Florida Statutes. Seat No.2 shall be elected for a four-year term. Seat No.3 shall be elected for a two- year term. SECTION TWO: Qualifying Window for Candidates. All candidates shall be qualified electors of the District. The qualifying window for candidates shall be from 12:00 P.M., Noon, on Thursday, September 18, 2003, through 12:00 P.M., Noon, on Friday, September 19, 2003. SECTION THREE: Persons Entitled to Vote. The persons entitled to vote in the election shall be all of the qualified electors residing within the boundaries of the Heritage Greens Community Development District, as described in the metes and bounds legal description of the external boundaries of the District, a copy of which is attached as Exhibit "A." Pursuant to Florida Statutes, the Supervisor of Elections shall close voter registration books on Monday, October 6, 2003. SECTION FOUR: Election Officials. The election shall be held at the polling place for the boundaries of the Heritage Greens Community Development District, as described in Exhibit "A." The election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law . SECTION FIVE: Form of Ballot. 16 K 6 J. The ballot to be used in said election shall be of a format used by the Supervisor of Elections of Collier County for Community Development Districts naming Collier County, the date of the election, Election for Board of Supervisors for the Heritage Greens Community Development District, seat number and term of office, list of candidates. The Supervisor of Elections shall include on all ballots such instructions to voters as are necessary. SECTION SIX: Notice of Election. The Supervisor of Elections shall notice this election in conformity with Section 190.006(3)(b), Florida Statutes, which requires that "elections of board members held pursuant to this subsection shall be conducted in the manner prescribed by law for holding general elections." NOTICE OF ELECTION FOR ME:MBERS OF THE BOARD OF SUPERVISORS FOR THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTICE IS HEREBY GIVEN that an election will be held on November 4, 2003, at the polls within the territorial boundaries of the Heritage Greens Community Development District, as described in Exhibit "A", to elect members to Seat No. 2 and Seat No.3 of the Board of Supervisors, by the qualified electors of the district. The election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. All qualified electors residing within the territorial boundaries of the Heritage Greens Community Development District as described in "A" may vote in said election. Absentee voting may be permitted upon compliance with applicable provisions of general law . 16K 6~~ This Resolution adopted this q~ day of September, 2003 after motion, second and majority vote. "~'fiPEST~ " ..OWIGHf E:.BROCK, Clerk " .' ""~\:;". ' .;" BY:~ J)G ", . .. / '/ . t ( '. :' '. ~ 'Il"' Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~' Att TOM , Chairm~ y 11O::iu~: tOl elM t~fhH.o2> on j~ By:Jl4J ~ Heidi F. Ashton Assistant County Attorney EXlDBIT "A" "'\". ! ,{ ')1 r 01\ b .~."'.. .~ Legal Description for HERITAGE GREENS coMMUNITY DEVELOPMENT DISTRICT Commencing _;'it the northeast corner of said Section 28; thence south 03005'19'" east along the easterly line of the north- east quarter of said Section 28 of a dis- tance of 100.08 feet to an intersection with the southerly right-of-way line of Immokalee Road (C.R. 846); thence south 89010'00. west along said southerly right- of-way line for a distance of 1980.13 feet to the point of beginning of the herein described parcel of land; thence south 03004'06'" east for a distance of 1576.35 feet; thence north 89009'31'" east for a distance of 1980.67 feet to an intersection with the said easterly line of the north- east quarter of Section 28; thence south 03005'19" east along said easterly line for a distance of 998.38 feet to the southeast comer of the northeast quarter; thence south 03005'44'" east along the easterly line of the southeast quarter of said Sec- tion 28 for a distance of2674.92 feet to the southeast comer of said Section 28; thence south 89011'00'" west along the southerly line of the said southeast quarter of Sec- tion 28 for a distance of2642.14 feet to the southw.est comer of the said southeast quarter of Section 28; thence north 03004'55'" west along the westerly line of the east half of said Section 28 for a distance of 3342.98 feet to the southeast comer of the east half of the northeast quarter of the southeast quarter of the northwest quarter; thence south 89010'17'" west along the southerly line of said frac- tion for a distance of 330.19 feet to an intersection with the westerly line of said fraction; thence north 03004'51'" west along said westerly line for a distance of 668.55 feet to an intersection with the northerly line of said fraction; thence north 89010'U'" east along said northerly line for a dis- tance of 330.18 feet to an intersection with the said westerly line of the east half of Section 28; thence north 03004'55'" west along said westerly line for a distance of 1237.04 feet to an intersection with the said southerly line of Immokalee Road (C.R. 846); thence north 89010'OQ"" east along said southerly line for a distance of 661-06 feet to the point of beginning; Containing 251.521 acres ofland, more or less.