Ordinance 2007-45
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~ ~i8'\;J AN ORDINANCE OF THE BOARD OF COUNTY
~~~\1.~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
CONSENTING TO THE EXERCISE BY THE BOARD OF
SUPERVISORS OF ARTESIA NAPLES COMMUNITY
DEVELOPMENT DISTRICT OF CERTAIN ADDITIONAL
POWERS RELATING TO PUBLIC IMPROVEMENTS AND
COMMUNITY FACILITIES.
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WHEREAS, on June 20, 2006, the Board of County Commissioners of Collier County
(Board), adopted Ordinance No. 2006-33, establishing the Artesia Naples Community
Development District (District) as a community development district within the meaning of
Chapter 190, Florida Statutes; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, community development
districts have special powers relating to public improvements and community facilities subject to
the regulatory jurisdiction and permitting authority of all applicable governmental bodies,
agencies, and special districts having authority with respect to any area included within the
district; and
WHEREAS, by Resolution No. 2007-4, dated February 13, 2007, a copy of which is
attached hereto, the Board of Supervisors of the District requested the Board to consent to the
exercise by the District of certain additional powers specified in Section 190.012(2)(d), Florida
Statutes, in order to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and facilities for security, including, but not limited to,
guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars; and
WHEREAS, the Board acknowledges the District's desire to exercise the special powers
set forth in Section 190.0l2(2)(d), Florida Statutes, and that these improvements and additions
will be funded solely from the District's budget.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board hereby consents to the exercise by the Board of Supervisors of the District of
the special powers set forth in Section 190.0l2(2)(d), Florida Statutes, to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, provided however that the District may not exercise
any police power, but may contract with the appropriate local general purpose government
agencies for an increased level of such services within the District boundaries.
PASSED AND D~LY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~ day of '1'J1a.o ,2007.
ATTEST: .
DWI9HtE'. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By J.did~
By: tkLu ~..L.. 0.( ,
Attest '.~ to. 1 ~uty Clerk
'1gRature Oftl~
Approved as to form
and I al fici
w
t County Attorney
This ordinenee flI,." whh ltI,
Secretory ef Stete', Oil.;.:;,' l"~
...3.Q!'>doy ef.lnML. 200:1_
end ccknowledgem~nt 01 t1;~\
fiJing, received this ~ dtly
01 0lll\G ~~
By--;: ooo..../r
Jeffrey
Manag
RESOLUTION NO. 2007-~
A RESOLUTION OF ARTESIA NAPLES COMMUNITY
DEVELOPMENT DISTRICT REQUESTING THE BOARD OF. ."
COUNTY COMMISSIONERS OF COLLIER COUNTY"
FLORIDA TO GRANT THE DISTRICT CERTAIN
ADDITIONAL POWERS PURSUANT TO CHAPTER 190,
FLORIDA STATUTES; PROVIDlNG FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
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BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ARTESlA NAPLES
COMMUNITY DEVELOPMENT DISTRICT:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. The Board of
Supervisors (the "Board") of Artesia Naples Community Development District (the "District") is
authorized to adopt this Resolution under the authority granted by the provisions of Chapter 190,
Florida Statutes, as amended, its Charter (Ordinance No. 2006-33 adopted by the Board of
County Commissioners of Collier County, Florida on June 20, 2006, (hereinafter, the
"Ordinance") and other applicable provisions of law (collectively, the "Act").
SECTION 2.
FINDINGS.
A. Pursuant to the Ordinance, Collier County established Artesia Naples Community
Development District (the "District") as a community development district within the meaning of
Chapter 190, Florida Statutes.
B. The Board of Supervisors of the District now desires to adopt this resolution
requesting the Board of County Commissioners of Collier County to consent by ordinance or
resolution to the exercise by the District of certain additional powers specified in Section
190.0l2(2)(d), Florida Statutes and to submit such resolution to Collier County.
SECTION 3. REQUEST FOR ADDITIONAL POWERS. The District hereby
requests the Board of County Commissioners of Collier County to consent by ordinance or
resolution to the exercise by the Board of Supervisors of the District pursuant to Section
190.0l2(2)(d), Florida Statutes of the power to plan, establish, acquire, construct or reconstruct,
enlarge or extend, equip, operate and maintain additional systems and facilities for security,
inclOOing, but not limited to, guardhouses, fences and gates, electronic intrusion-detection
syS1ii:'lllS. and patrol cars, when authorized by proper governmental agencies; provided, however
that the Dislrict may !lot exercisc any police power, but may contract with the appropriate local
general purpose gO\'cmment agencies for an increased level of such services within the District's
boundaries. The District's General Counsel and Bond Counsel are each hereby authorized to
submit this r(.'Solution to Collier County.
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SECTION 4. SEVERABlLITY. Should any sentence, section, clause, part or
provision of this Resolution be declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of this Resolution as a whole, or any part thereof, other than the
part declared invalid.
SECTION 5.
upon its adoption.
EFFECTIVE DATE. This Resolution shall be effective immediately
PASSED AND ADOPTED at a meeting of the Board of Supervisors of Artesia Naples
Community Development District this I ~ t\, day of February, 2007.
A ttes!:
Secre
ARTESIA NAPLES COMMUNlTY
DEVELOPMENT DISTRICT
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ChairmanlVice-Chairman
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Sections 4 and 5; Township 51 South; Ran~e 26 East
SITE LOCATION MAP
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GOODLETTE COLEMAN & JOHNSON, P.A.
ATTORNEYS AT LAW
Kevin G. Coleman
J. Dudley Goodlette
Kenneth R. Johnson
Richard D. Yovanovich
Edmond E. Koester
Northern Trust Bank Building
4001 Tamiami Trail North
Suite 300
Naples, Fl34103
239-435-3535
239-435-1218 Facsimile
Linda C. Brinkman
Stephen C. Pierce
Gregory L. Urbancic
William M. Burke
Craig D. Grider
Matthew L. Grabinski
Matthew R. Galloway
Matthew M. Jackson
Alex R. Figares
Jeffrey J. Beihoff
Kevin L. Dees
writer's e-mail address:
l!urbancic(we:cilaw.com
April 4, 2007
Marcia R. Kendall, Planner
Comprehensive Planning Department
Collier County Government Center
3301 Tamiami Trail, East
Harmon Turner Building, 8th Floor
Naples, Florida 34112
Re: Artesia Naples Community Development District
Request for Additional Powers Under Section 190.012(2)(d)
Dear Marcia:
Our firm serves as legal counsel to the Artesia Naples Community Development District (the
"District"). The District was established by Ordinance 2006-33, enacted by the Board of County
Commissioners of Collier County, Florida on June 20, 2006. The Board of Supervisors of the District has
requested that our office pursue the consent from the Board of County Commissioners for the District to
exercise the additional powers listed under Section 190.0 I 2(2)(d), Florida Statutes. The powers under
said statutory section include the authority for the District to plan, establish, acquire, construct or
reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for security.
Enclosed with this correspondence are the following items relating to this request:
1. A copy of Resolution 2007-04 of the District's Board of Supervisors formally requesting
that the Board of County Commissioners consent to the exercise of these additional powers by the
DistrIct.
2. A Statement of Estimated Regulatory Costs relating to the request.
3. Check #16 in the amount of $2705.00 payable to the Board of County Commissioners to
cover the application fee and advertising costs.
Marcia R. Kendall, Planner
April 4, 2007
Page 2 of2
After your review of the foregoing, please contact me if you have any questions. I would be
happy to meet with you to discuss this matter to address any concems you might have.
Gregory L. Urbancic
For the Firm
Enclosures
cc: Neil Dorrill, District Manager
David Caldwell, WCI Communities, Inc.
Statement of Estimated Regulatory Costs
Proposed Amended Ordinance to the Artesia Naples Community Development District
providing for the additional powers pursuant to Chapter 190.0l2(2)(d), Florida Statutes.
Purpose
The purpose of this Statement is to identifY the economic impacts of the adoption of
the Proposed Amended Ordinance to the Artesia Naples Community Development
District providing for the additional powers pursuant to Chapter 190.0l2(2)(d),
Florida Statutes.
This Statement of Estimated Regulatory Costs is prepared in accordance with the
requirements of Chapter 120.541, Florida Statutes.
1.0 A good faith estimate of the number of individuals and entities likely to be
required to comply with the amended ordinance, together with a general
description of the types of individuals likely to be affected by the amended
ordinance.
The principal entities that are likely to be required to comply with the ordinance
include the District, the State of Florida, the County and the master property owners'
association. In addition, existing and future homeowners and their visitors and guests
in the Artesia Naples community will also be affected by the amended ordinance. The
Artesia Naples community is expected to contain 725 residential units when
completed
2,0 Good Faith estimate ofthe cost to State and local government entities, of
implementing and enforcing the proposed amended ordinance, and any
anticipated effects on State and local revenues,
There will be no additional costs to the State or local government, since the Artesia
Naples CDD already has been established by prior ordinance. The amended
ordinance provides for additional powers only which will not add to the costs of the
State or local government for implementing same, except for the County's costs to
review and adopt the petition, which costs have either been pre-paid or the direct cost
re-imbursed by the petitioner.
The amended ordinance which provides for expanded powers for the District will not
have any effect on State and local revenues, except to the extent that the District
purchases goods and services which may be exempt from the State's sales tax and to
the extent that any of the District's personal property is exempt from Tangible
Personal Property taxes.
11Ie District in implementing the additional powers will incur additional and
recurring annual expenses to operate and maintain the facilities, equipment and
services that could be provided by the additional powers. The District in order to
fund the additional cost will impose additional non ad-valorem assessments on the
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property owners within the District, however, these additional District revenues are
expected to be offset by corresponding reductions in expenses and assessment
revenues by the Artesia Naples Master Homeowners Association, the entity currently
providingfor similar services to the property owners in the community.
3.0 A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local government entities, required to comply
with the requirements ofthe rule, As used in this paragraph, "transactional
costs" are direct costs that are readily ascertainable based upon standard
business practices, and include filing fees, the costs of obtaining a license, the
cost of equipment required to be installed or used or procedures required to be
employed in complying with the rule, additional operating costs incurred, and
costs of monitoring and reporting.
Transactional costs to the local governmental entities, specifically Collier County,
are discussed in Item 2 above and involve the review and adoption of the petition.
These costs have either been prepaid or the direct costs re-imbursed by the
petitioner. Otherwise, there are no recurring transactional costs to local
governmental entities.
The transactional costs to individuals and entities will apply only to the property
owners within the boundaries of the Artesia Naples CDD and any facilities or
services which the District provides pursuant to the additional powers will be
included in the annual non-ad-valorem assessments. The additional powers granted
to the District are not likely to require imposition offilingfees, licensing, additional
equipment, operational cost requirements on the part of individuals or entities.
In considering the transactional costs that may be paid by those affected by the
proposed hdditional powers granted to the Artesia Naples CDD, three points are
important. First, unlike most other situations, 100% of the costs that will be funded by
the District will be incurred in any event. That is because, if the District did not
provide the facilities or services, then either the Developer or Master Property
Owners Association would provide the facilities or services with those benefited
parties paying for those same facilities or services. Second, State Law requires that
prospective property owners in the Artesia Naples community are disclosed that the
District exists and may impose assessments on the benefited property. And third, the
District must conduct its annual budget approval and adoption process in open,
publicly advertised meeting and provide for comment and input from the public.
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4.0 An analysis ofthe impact on small businesses as dermed by s.288.703, and an
analysis of the impact on small counties and small cities as defined by s.120.52.
Approval of the petition for additional powers for the Artesia Naples Community
Development District will have only incidental impact on small businesses, and it is
positive. The District must operate according to Florida's "sunshine" laws and the
District must follow the competitive bids requirements of chapter 190.033 for the
goods and services it will purchase. As a result, small businesses may be better able
to compete for District business.
Florida Statutes defines "small county" as a population of 75,000 persons or less,
therefore Collier County is not a small county by definition.
5,0 Any additional information that the agency determines may be useful.
There is no additional information.
SERC-Expand~d Powers.doc
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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 2007-45
Which was adopted by the Board of County Commissioners
on the 22th day of May, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of May, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
',\:":1-'
Ex-officio to a9~ra6f,
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By: Martha verga;ra I'
Deputy Clerk