Ordinance 2021-44 ORDINANCE NO. 2021 - 44
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RATIFYING AND CONFIRMING ORDINANCE NO. 2021-
11, WHICH ORDINANCE ESTABLISHED THE HYDE
PARK COMMUNITY DEVELOPMENT DISTRICT 1
LOCATED IN UNINCORPORATED COLLIER COUNTY
AND CONTAINING APPROXIMATELY 368.9+/-ACRES TO
ACKNOWLEDGE AND CORRECT A SCRIVENER'S
ERROR IN THE LANDOWNER'S CONSENT SET FORTH
IN THE PETITION FOR ESTABLISHMENT; PROVIDING
FOR RETROACTIVE APPLICABILITY; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
Recitals
WHEREAS, Neal Communities of Southwest Florida, LLC, a Florida limited liability
company,previously petitioned the Board of County Commissioners ("Board") of Collier County,
Florida, a political subdivision of the State of Florida, to establish Hyde Park Community
Development District 1; and
WHEREAS, on March 9, 2021, the Board, after proper published notice, conducted a
public hearing on the petition to determine whether the petition met the factors to be considered in
Section 190.005(1)(e) Florida Statutes, as required by Section 190.005(2)(c), Florida Statutes; and
WHEREAS, following said public hearing, the Board determined the petition met the
foregoing factors and the Board adopted Ordinance No. 2021-11 establishing Hyde Park
Community Development District 1; and
WHEREAS, subsequent to the adoption of Ordinance No. 2021-11, it was discovered there
was a scrivener's error in the Landowner's Consent that was included with the petition to establish
the district; and
WHEREAS, for the avoidance of doubt as to the establishment of the District, the Board
desires to reconcile the discrepancy caused by the scrivener's error; and
WHEREAS, after the conduct of an additional public hearing noticed pursuant to Section
190.005, Florida Statutes, the Board desires to ratify and confirm Ordinance No. 2021-11 and the
establishment of Hyde Park Community Development District 1.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: RATIFIACTION OF ESTABLISHMENT OF THE HYDE PARK
COMMUNITY DEVELOPMENT DISTRICT 1.
The establishment of Hyde Park Community Development District 1 within the boundaries
of the real property described in Exhibit "A" attached hereto and incorporated by reference herein
is hereby ratified and confirmed. All provisions of Ordinance No. 2021-11 relating to the
establishment of Hyde Park Community Development District 1 are ratified and confirmed. Hyde
Park Community Development District 1 shall be governed by the provisions of Chapter 190,
Florida Statutes, and all other applicable general and local law.
SECTION THREE: RETROACTIVE EFFECT
This Ordinance shall be deemed to be retroactive in application to the effective date of
Ordinance No. 2021-11 and shall be deemed to be in full force and effect as of the effective date
of Ordinance No. 2021-11.
SECTION FOUR: 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 FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
[21-00A-00274/1674645/l] 2 41.0
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance, including the retroactive application provided for herein, 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 4144.1. day of 1y , 2021.
ATTEST: = BOAR') O OUNTY COMMISSIONERS
CRYSTAL'K. KINZR ,"CLERK COLL . UNTY, FL A
B C^Rl Y By:Y•
Attest as to Chairmn' pui le i Penny Taylor, Chair
signature only. :
Approv s to form and legality:
S 1 hkar, Assistant County Attorney
This ordinance Wed with t
Secretory of Stofe's Office the
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j r`duy of n' o that
and acknowied9
ng rece-sr, eat
of
By ,cwti
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
November 18, 2021
Ms. Martha S. Vergara, Board Minutes & Records Dept.
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-44, which was filed in this office on November 18,
2021.
Sincerely,
Anya Owens
Program Administrator
AO/Ib
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270