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Backup Documents 12/01/2009 Item # 8E COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ~.., ~8E To: Clerk to the Board: Please place the following as a: i:2:I Nonnallegal Advertisement (Display Adv., location, etc.) D Other: ********************************************************************************************************** Originating Dept! Div: County Attorney Person: Heidi Ashton-Cicko Date: 10/16/2009 Petition No. (If none, give brief description): City Gate Commerce Park PUD Ordinance amendment Petitioner: (Name & Address): 850 NWN, LLC and CG 11, LLC, c/o Donald A. Pickworth, Esq., 5150 Tamiami Tr. N., Suite 502, Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 18 days before hearing.) 11110/09 Newspaper(s) to be used: (Complete only if important): i:2:I Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size): see draft Ordinance title, attached. Companion petition(s), if any & proposed hearing date: City Gate Community Development District Ordinance; 11110/09 c arged for advertising costs: #4500110664 ) O};tJ.hY' . . Date List Attachments: proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: D County Manager agenda me: to Clerk's Office D Requesting Division D Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ON~Y: J!.1 @. J.<"\ J C)::{ J,Vj Date Received: 10 Ibl~DateofPublichearing: {l 10 ~ DateAdvertised:~~ 09.0028/2 ~ BE ORDINANCE NO. 09 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY AMENDING SECTION 2.7 OF THE PUD DOCUMENT TO ALLOW STREETS TO BE PUBLIC; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 13, 1988, the Board of County Commissioners adopted Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD"); and WHEREAS, Joseph R. Weber on behalf of 850 NWN, LLC and CG II, LLC (the "Petitioners") has petitioned the Board of County Commissioners to create the City Gate Community Development District; and WHEREAS, the Petitioners and the Board of County Commissioners desire to provide for the platted streets in the PUD to be open to the public. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO SECTION 2.7 OF THE PUD DOCUMENT IN ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PUD. Section 2.7 of the PUD document is hereby amended as follows: 2.7. STREETS TO BE PRIVATE OR PUBLIC. Except as otherwise agreed between County and owner or as determined bv the Board of Supervisors of the Community Development District, all j'llatted streets within the project shall be common property of the project landowners and shall in all cases be open to travel bv the public. 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. 1 Words streck lhr.ge~~ are deleted; words underlined are added. BE SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this _ day of ,2009. ATIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: 0Q\~'\ .;'" \' Jeffrey A. Klatzkow County Attorney 09.0028/1 10/30109 HFAC 2 Words .t'"ok tt"9"~~ are deleted; words underlined are added. ACCT #068784 October 16, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Amending the City Gate Commerce Park PUD Ordinance Dear Legals: Please advertise the above referenced notice on Friday, October 23, 2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500110664 BE 8 E ~'\l t 1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 10, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY AMENDING SECTION 2.7 OF THE PUD DOCUMENT TO ALLOW STREETS TO BE PUBLIC; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. SEll Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /Teresa Polaski, Deputy Clerk (SEAL) 8E"1 October 19,2009 850 NWN, LLC and CG II, LLC c/o Donald Pickworth, Esq. 5150 Tamiami Tr. N, Ste 502 Naples, FL 34103 Re: Amending the City Gate Commerce Park PUD Ordinance Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 10, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, October 23, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure Teresa L. Polaski 8E 1\'1 To: Subject: legals@naplesnews.com Amending the City Gate Commerce Park PUD Ordinance Lega is, Please advertise the following on Friday, October 23, 2009. Thanks ~ ~ City Gate Comm. City Gate Camm. Park PUD Ord.d... Park PUD Ordin... Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 1 8E.. Teresa L. Polaski From: Sent: To: Subject: Attachments: postmaster@collierclerk.com Friday, October 16. 2009 4:42 PM Teresa L. Polaski Delivery Status Notification (Relay) ATT49500.txt; Amending the City Gate Commerce Park PUD Ordinance This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Teresa L. Polaski , 8E From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Monday, October 19, 2009 11 :04 AM Teresa L. Polaski RE: Amending the City Gate Commerce Park PUO Ordinance ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Friday, October 16, 2009 4:42 PM Posted To: Legals - NON Conversation: Amending the City Gate Commerce Park PUD Ordinance Subject: Amending the City Gate Commerce Park PUD Ordinance Legals, Please advertise the following on Friday, October 23, 2009. Thanks <<City Gate Comm. Park PUO Ord.doc>> <<City Gate Comm. Park PUO Ordinance.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (Teresa. Po las ki@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Teresa L. Polaski 8E , ( ..1 From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews.com] Monday, October 19, 2009 3:42 PM Teresa L. Polaski Ad Confirmation UAS813.jpg ATTACHED please review your notice & confirm. Thank you for Date Publication Ad Number Total Ad Cost Emely Pagan 239-213-61361 placing your ad. 113/19/139 NDN 1821961 $279.44 1 NOTICE OF INTENT TO CONSIDER ORDINANCE 8Et'\~ Notice is hereby glven that on Tues- day. November 10.2009, in the Board. room. 3rd Floor. Administration Bulid. Ing. Collier County Government Cen. ter. 3301 East Tamiami Trail, Naples. Florida. the Board of County Commls. sloners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. Tho title ofthe proposed Ordinance is as fol. lows: AN ORDINANCE OF THE BOARD OF COUNT\' COMMISSIONERS OF COLLIER COUNTY. FLORIDA, AMENDING ORDI. NANCE NO. 88-93. THE CITVGATE COMMERCE PARK PLANNED UNIT DE- VELOPMENT. BY AMENDING SECTION 2.7 OF THE PUD DOCUMENT TO AL. LOW STREETS TO BE PUBLIC: PROVID. ING FOR CONFLICT AND SEVERABILI. TY: AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are i nvitecl to at~ tend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of anorganiz.ation or group is encouraged, If recog- nized by the Chairman. a spokesper- son for a group or organization may be allotted HJ minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective publiC hearing. In any case. written materials in. tended to be considered by the Board shall be submitted to the appropriate County staff a minimLlm of seven days prior to the publ ic heari ng. All material ~Ised in presentations before the Board will become a permanent part of the record. Any person who df'Cides to appeal a decision of the Board willliMd are. cord of the proceedings pertaining thereto and therefore, may neced to ensure that a verbatim record of the proceedings Is made, whicll record Includecs the testimony and evidence L1pon which the appeal is based. It you are a person with a disability who needs any accommodation in Or. der to participate in this proceeding; you are entitled. at no cost to you. to tile provision of certain assistance. Please contact the Collier County Fa- cilities Management Department, 10' cated at DOl Tamiam. Trail East, Building W. Naples. Florida 34112. (239) 252.8380. Assisteclllstening de. vices for tile hearing impaired are available in the COLlnty Commission. ers' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK. CLERK By: ITores" polaski. Deputy Clerk (SEAL) October n 2009 N()182l9Gl Teresa L. Polaski From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews.com] Monday, October 19, 2009 3:43 PM Teresa L. Polaski Ad Confirmation UAS815.jpg CORRECTION in PRICE... Thank you for Date Publication Ad Number Total Ad Cost placing your ad. 10/19/09 NDN 1821961 $258.80 1 8.E . I ~ NOTICE OF INTENT TO CONSIDER ORDINANCE BE' :I~t NotICe is hereby given ttlat on Tuesday, November W, 2009, in the .60'2rdraom, 3rd Floor, Administration Building, Collier County Governrnem Center, 3301 East Ta. miami Trail, Naples. Florida, the Board of County CommiSSioners will consider the enactment af a (Ollnty Ordinance. The meeting will r.ommenc~ at 9:00 AM. Th.~ lltle of tho propos~d Ordinance il as fal. lows: AN ORDlr~ANCE OF THE BOARD OF COUNTY COMMISSIONEflS OF COLLIER COUNTY. FLORiDA, AMENDING ORDi- NANCE NO.1l8-93, THE CITY GATE COM- MERCE PARK PLANNED UNIT DEVELOP. MENT. BY AMENDINt; SECTION 2.701' THE PUD DOCUMENT TO ALLOW STREETS TO BE PUBLIC; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE Dt- TE Copies. of the proposed Ordlnance are on iil.. with the Clerk to the Board and are a\laiLable forinsp@ctlon. All Interested parties are Invited to attend and b-e- hi!.ard NOTE All persons WIShing to 'peak all any agenda item mUs,I register with the County adm lnisHator prior to pres,enta- tlOIl of the agellda item to be addressed, Illdlvldual 'pedkers will be limited ta 5 In!'mneos on anYltPm. Tnesp!ecticn of an IndiVidual. to speak 011 behalf of an orga. nlzation or group 15 encouraged. It re(~ ognizedby rheChairman, a spokesperson for i:l group or organization may be 031- lott.ed 10 minutf!.s tosp~ak on an Item. PErsons wis.hing to ha\l€- wr'ltt@n or graph- IC materials included in tha Board agenda pa(kp.l~ mu~f 'Si.Jbmit said matenal a min- Imum of 3 weeks prior to the respe-ctive public hearing. In any case, written ma- terial'!:: intended robe conSidered by the BOdrd shall be lubmilted ta the approprr- ate County staff <l minimum of seven days prior to the public hearing. All material used in presentation" befon~ the BOi3/"d will b~(omE' a permanent pan: of t.he ne. card. Any person who decide, to appeal a de<i. sian oi the Board will Ileed a record of the proceeding5 pertaining thereto and ther~fore~ may need to' ensure that a \o'er- batinl record or the proceedings is made-" which record includes the testimony and evidellce UpOIl wh ICh the appeal i; based. If yOLJ iJre a person with a (jisability who I1P@ds any accommndation in order to participate In this proceeding: you are ~n. titled; aT no cost 'to you. to the provision at -certain a'iSi5tanCE'. Please contact the Collier County Fadlitie, Managernellt De- piUlment, located at 3301 Tamiami Trail East, Building W, Naple" Florida 34112, (239} 252.8380. As,isted listening device; for the hearing impaired are dvailabll~ in the County Commissioner'Sl Office. aOAriD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA. CHAIRMAN DWIGHT E. BROCK, CLERK By: !Teresa Paldski, DepiJty Clork (SE,\L) Odober n. 2009 N01821%1 Teresa L. Polaski 8E 1l\4 From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews.com] Tuesday, October 20, 2009 2:44 PM Teresa L. Polaski Ad Confirmation UAS10A8.jpg 3RD REQUEST. APPROVED OR CHANGES? Thank you for Date Publication Ad Number Total Ad Cost Emely placing your ad. 113/213/139 NDN 1821961 $258.813 NOTICE OF INTENT TO CONSIDER ORDINANCE 8E , ;\. '., Notice is heoreby gjve-n that on Tue5day~ November 10,1009, in the Boardroom, Jrd Floor, Admini',tratlof1 Building, Colllel COUMy Gov"mmem Ce"tel, 3301 East To' miaflH Trad, NapJe:i, Florida, thp Board of Coupty Cornmis:sloner5, will Con!iider the ~na('lme.n1: Ol<iCount~ Ordinanc@.. The ITle@oting will <ol'T1me.f1C~ at 9~OO A.M. The title of the proposeod Ordinance: 015 as. fol. lows: AN ORDINANCE OF THE BOARD Of COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, AMENDING ORDI. NANCE "10.88'93, THE (lTY GATE COM. MERCE PARK PLANNED UNIT DEVELOp. MENT, BY AMENDING SECTION 2.7 OF THE PUD DOCUMENT TO ALLOW STREETS TO BE PUBLIC, PROVIDING FOR CO"lFllCT AND SEVERABILITY; AND PROVIDING AN EfFECTiVE DATE Copias, of the propm.ed OrdinanCeilJp on Iii.. with th.. tlerk to the Board alld are .3\iailabIB tOt inspection, All 'interested parties iP'e irlvited toattet'ld at1d be heClrd. NOTE All pet50m wIShi".. to 'peak on any ag'enda item rnusi regirter with the (OUDt" administrator pdor to presenta. lion ot the .agenda item to b.e addre;sed. Indivldual speaker') will be lil11ited to 5 minutes on any item. The s/;'Iectiofl of an individual to weak '''' behalf of all olga i-,ization ()(' group is encouraged. Ii rec- ognized by the Chairman, a spokp.sperson for a group or organi?ati4..1r1 may be al lotted 10 minutes. to speak on an itern. Persons. wishi[lg lo hove written 0" grapYI" ic mated;;l:,: induded in the Board agenda packets;.mu5t- submit 5aid material a min- irl1lJrn oi 3 weeks prior to the respective publ Ie. hearing. _ If'] any c.ase, written ma. terial.s intended to bE cOl1s}deredby the Board shall be submitted to the appropri. ate County staff i.l mininUHtl of seven days j:Jrior to the public hearing, All materIal used in pre:.entatlon5 befcHe the Board will become a permanent part of ttle re cord, Any person who deddes to appeal a ded. ;Ior, of the Board will need a record of the prr,ceedlngl penaming thereto and therefare, rn3.ynei;cl to ensure that jj ver batln, record of the proceedings Is made, Which record Includes the te,tlmony and evidence upon which the appeal is based, If YOL: .are" pNlon With a disability Wi", neerJ$ tmv accommodation in crder to partk"lpate It'l this pro(eeding; you are ~m" tltled,at 110 "l>! to 'lOll, to the p"ovisioh of certain iissistance. PleaSt:(Oot~Kt the Collier Co,"'ty Facilities Management De. partment, located at 3301 T,1m!ami Trail East. 6uildi"g W, Naples, Florida 34112, (239) 252,8380. Alsl;ted Iiste~Ii'g devices for the hearing Impaired are available In the County Commissioners' Ofti",. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, Fl.ORlDA DONNA FIALA, CHAiRMAN DWIGHT E. BROCK, CLERK By: ITeresa Polaski, Deputy Clerk (SEAL) October 23,2009 No1821961 .__..._.~M .. _._,._.,._'".._u_____,___"._.._"~,,.__"'_,_........,_,_""__w<~~..'.,,..,__.~~',__,~. 8E a~ -- NOTl(f Of INTENT TO CONSIDER ORD1NANa :=~~r h;~~b~~er;n t~~ O~oa~~=: lrd Floor, Administration Building, Collier County Government Center, 3301 East Ta- ~~~~~ T~m:f~~~~or~:(. :~=rrd t~~ enactment of iI Cbunty Ordinance. The meeting will commence at 9;00 A.M. The title- of the propoSfd Ot'dlnlnCe is ~ foi- l- AN ORDINAHCEOf' THE80ARO OF COUjtTY COMMISSIONERS,' Of'" C0U.LER COUNTY, fLoRIDA., AMENDfNG,OItDI- NANa:NO, 88-9), THE CtTY ~TfCOM.' MfftCE PAlt\( PlANNfD UNIT DEVELOP- MENT, BY AMENDING $CTlON 2,7 OF THE PUD' DOCUMENT TO ALLOW STREETS TO BE NIUe; PROVlotNG feR CONfUCT AND SEVERABILITY; AND PftOVIDlNG AN EFFECTIVE DATE. W:1:it t~~e ~~t~rd~~ll~. a~~ available for inspection. AU interestlKl ~:~:' are invited to attend and be "".Mi wMI, ic~. -. i","*, =: -~, Ei~~ ..."""". .. =~~~ the pror.iJtdlngs - "Gf r , _".rid ":$ - ..k~' \~:.~,.,. a'PfJ~AI\Il'r;Ili:,~'~ ~""~t~t'-.. ",In":'."",,, -""',' ,'....:. ~..."".._..\C'__ Qf,- "rU!'\ ~' "... :CoatI(t;d CoIKer CountY'fdltlM"tIII~t"tij;".. ~ocatedet,3JOt,....Tttil . au' W.,Napjes,~".11-t 252. .....'~:tfstentngd.\l1ces .'. ,t~ hearing ImPt\fld~.avtlnab'e In ttleCOun1yCQl1tm~Offtce:. BOARD Of C IS~ERS Naples Daily News Naples, FL 34102 8E '. Affidavit of publication Naples Daily News --------------------------------------------------+------------------------ BCC/CDES BUDGET OFFICE CLERK OF CIRC. COURT SARA SCHNEEBERGER POBOX 413044 NAPLES FL 34101 REFERENCE: 068784 59594252 P.O. #4500110664 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 10/23 10/23 AD SPACE: FILED ON: 85 LINE 10/23/09 rw1lce OF \NT!NT. TO CONSIDER OItDlttANa: Notlc~ ,Is, hmbv given' that on TUesdey, I ~' 1(J;}:~, In the Boardroom, I 3rd FIoof Administration Building, coHler County GtMml'Mnt Center, 3~01E.ast Ta- miami Trail, "'P1et. fklrlIM; ~, ~oardthof county com~ wilt (OmidIr e enactment,crl a county OflfIMIU.The meeting will commence at 9:pQ A.M. The title ,of the proptiMd ()rdlnance Is esfol- IO'M: ANOROIttAf'l(;i ~.Of ""JOARO",:Of COUNTY,:~~f'?~"QF, "'~~ ='~~!lm'",,"t'~! tOM. o ME_Ref PARK ~ED.uNlT' DiVELOP- ME-NT, 'IV AM5ND1NG SECTION 2.7 OF THE ,Pub OOQJfMiNT TO AJJ.DW STREETS TO BE PUJUC; PftOVlDlNG:fQR CC)NflICf AMD SE\JeAAElILfTYl AND PROVIDt~ AN EffECTIVE DATE. Copies oftM orOlX)Std. OrQ!n.nte- ,re on file "",lth the CIeri to. ,tM: BoIrdaild are avelhtble fOr lnH*tion. ,AIl- ImereSted PfrtIH artI In\4~ to attend _and be he.td. NOn:: All pe~wtsh!ng to speak on any agenda IteirtrmlSt r';lste:r WIth the . c~edmirnstl'1tor 'PfIOI'to presimta:- tlon Of to~'5 ~dlY "an i "dOlJjl- ,~':II'''' .1- ::~~~:~~:-::-~:::~~:--~~~~------------+------------------------ Personally known by me r. Sworn to and Subscribed before me this aq+1-- day of (')r_\....\..,,..... 20C't .1lm'~:.;;~~~;~" KAROL E KANGAS . ~. . . . ~ Notary Public ~ State of Flonda ~'':. !fE My Comm. Expires Ju129, 2013 ."",::.~OFf\.'it~~~ Commission # DO 912237 ,,,,,,.., BE i ~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hund delivered tn the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has tak.:n action on the item.) ROUTING SLIP Complete routing Jines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chainnan's si21lature, draw a line throul!1 routine: lines #1 throu2h #4, comnlete the checklist, and forward to Sue Filson line #51. Route to Addressee(s) Office Initials Date (List in routine order) 1. - -- 2. .--------- 3. - '- ------.....- -- 4. --"'- -. "- - - . 5. cSa.", r:l~, Executive Manager Board of County Commissioners I/.{A_- I 'Ltc I D ~ It'lt-> i\1 \lC t-l <:r\. L 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional Of missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached He-I 0\.: A<bkhvL LlLKo I~I de C\ Agenda Item Number J.':l0- - ~'-Io 0 '6t:. / 0V rv(\ VI (f1(C- VI- r to-' vJ~ \A( Phone Number )..eO{ Number of Original Documents Attached I: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05. Revised 2.24.05 05-COA-OI253/681 or d-InM Q,~ 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a fO nate. Original document has been signed/initialed for legal sufficicncy. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 5i nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on lalllo~ (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. MEMORANDUM Date: December 11, 2009 To: Heidi Ashton-Cicko Assistant County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2009-69 Enclosed please find a copy of the original document, as referenced above (Agenda Item #8E), approved by the Board of County Commissioners on Tuesday, December 1, 2009. The Minutes & Records Department has retained the original document for the Board's official records. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure BE MEMORANDUM Date: December I ] , 2009 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2009-62,2009-63,2009-65, 2009-66,2009-67,2009-68 and 2009-69 Attached, for your records you will find one (I) copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, December 1, 2009. If you should have any questions, please call me at 252-8411. Thank you. Attachments I 8 EUlI BE ~.... ;~-. ORDINANCE NO. 09 _ 69 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY AMENDING SECTION 2.7 OF THE PUD DOCUMENT TO ALLOW STREETS TO BE PUBLIC: PROVIDING FOR CONFLICT AND SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 13. 1988, the Board of County Commissioners adopted Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD"); and WHEREAS, Joseph R. Weber on behalf of 850 NWN, LLC and CG II, LLC (the "Petitioners") has petitioned the Board of County Commissioners to create the City Gate Community Development District; and WHEREAS, the Petitioners and the Board of County Commissioners desire to provide for the platted streets in the PUD to be open to the public. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO SECTION 2.7 OF THE PUD DOCUMENT IN ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PUD. Section 2.7 of the PUD document is hcrcby amended as follows: 2.7. STREETS TO BE PRIV/\Hi OPEN TO THE PUBLIC. Except as otherwise agreed between Countv and owner or as determined bv the Board of Supervisors of the Community Development District. A!!lI jHa!ted streets within the project shall be common property of the project landowners and shall in all cases be open to travel bv the public. 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. 1 Words _truek threu~h are deleted; words underlined are added. ---~--,_._------_.__.,._~-- BE 1_ SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this ~~ay of ,~ U/Yl b-u~ ,2009. ATTEST: DWIG~:r:'E.;fl~q9K, CLERK '~L BOARD OF COUNTY COMMISSIONERS COLLIER CO\,\NTY, FLORIDA ,I ,.; ! /: . i i i f il \.rd-~"")rn~_ ~.... ./, i' .' ,;- .A..::Lk4L .~-' ti.~..t~Ofputy Clerk ,). ," 11...tq."1!\'M" , . .... ~>:'J By: DONNA FIALA, Chainnan Approved as to form and legal sufficiency: """~I:.Lctv @ County Attorney 09.0028/1 10/30/09(2) HFAC 2 Words 6tr"ck thro"gh are deleted; words underlined are added. 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 2009-69 ~ 8E Which was adopted by the Board of County Commissioners on the 1st day of December, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of December, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~~ Teresa Polaski, Deputy Clerk'