Ordinance 2009-68
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ORDINANCE NO. 09- 68
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~J), /~;fN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
\~l" (f(/j OF COLLIER COUNTY, FLORIDA, ESTABLISHING AND NAMING
~~'(Z9ZS!.'O't~/' THE CITY GATE COMMUNITY DEVELOPMENT DISTRICT;
--~ DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT;
NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF
SUPERVISORS; PROVIDING STATUTORY PROVISIONS AND
COMMITMENTS GOVERNING THE DISTRICT; PROVIDING FOR
CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Joseph R. Weber, Vice President on behalf of 850 NWN, LLC and CG II,
LLC ("Petitioners"), has petitioned the Board of County Commissioners of Collier County,
Florida, a political subdivision of the State of Florida, to establish the CITY GATE
COMMUNITY DEVELOPMENT DISTRICT (District); and
WHEREAS, the Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section
190.005(2)(c), Florida Statutes:
1. The petition is complete in that it meets the requirements of Sections 190.005,
Florida Statutes; and all statements contained within the petition are true and
correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government; and
I of 4
WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
Chapter 380, Florida Statutes, and that the district so established does not have any zoning or
permitting powers governing development; and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government.
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: ESTABLISHMENT OF THE CITY GATE COMMUNITY
DEVELOPMENT DISTRICT
The City Gate Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A," attached hereto and incorporated by
reference herein.
SECTION THREE: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"City Gate Community Development District."
2 of4
SECTION FOUR: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1.
Roger B. Rice
159 Kirtland Drive
Naples, FL 34110
4.
Paul P. Pacchiana
2139 Morning Sun Lane
Naples, FL 34119
2.
Ronald G. Rice
601 Trophy Drive, Unit 503
Naples, FL 34110
5.
Jeremy C. Sterk
2875 Garland Road
Naples, FL 34117
3. Elena Lindner
3420 22nd Avenue NE
Naples, FL 34120
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The City Gate Community Development District shall be governed by the provisions of
Chapter 190, Florida Statutes, and all other applicable general and local law.
SECTION SIX:
CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the City Gate Community Development
District will be duly and legally authorized to exist and exercise all of its general powers as
limited by law; and has the right to seek consent from the Collier County Board of County
Commissioners for the grant of authority to exercise special powers in accordance with Section
190.012(2), Florida Statutes.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the following: that the Petitioners, or
their successors and assigns, shall (1) elect one property owner with no affiliation or direct
relation to the existing owners or any subsequent developer of the District, to the five member
Board of Supervisors at such time as property owners begin occupying businesses in the
District, and (2) record a Notice of Assessments containing the specific terms and conditions of
any special assessments imposed to secure bonds issued by the District, which notice shall be
recorded immediately after any such bond issuance. The Board shall retain any and all rights
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and remedies available at law and III equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns.
SECTION EIGHT: 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 NINE: 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 relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION TEN:
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, Flort4.<;l" this )S4- day of \J..tcern b..tr , 2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER UNTY, FLORIDA
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DONNA FIALA, CHAIRMAN
Approved as to form and
le~al rffiCienc~:
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'(dLJ eff Klatzkow,
County Attorney
This ordinance filed with the
Sef:{etary of Stote's Of!!Qt1!l1
dayof ~. ,
and acknowledgement of that
~i;i~~I.Yed~r day
Be;[f~tf1
CP\09-CMP-00616\4
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Exhibit A
LEGAL DESCRIPTION OF
CITY GATE COMMUNITY DEVELOPMENT DISTRICT
A PORTION OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A PK NAIL AND DISC NO. LB5982 MARKING THE NORTHWEST CORNER OF
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE
NORTH 89'13'01" EAST, ALONG THE NORTH LINE OF SAID SECTION 35 AND THE SOUTH LINE
OF SAFE HARBOR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26, PAGES
22 AND 23, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE NORTH LINE
OF LOT 1, CITY GATE COMMERCE CENTER, PHASE ONE, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 41, PAGES 6 AND 7, OF SAID PUBLIC RECORDS, FOR A DISTANCE
OF 590.33 FEET, TO THE NORTHEAST CORNER OF SAID LOT 1, FOR A POINT OF BEGINNING;
THENCE CONTINUE, NORTH 89'13'01" EAST, ALONG SAID NORTH LINE OF SAID SECTION 35,
AND THE SOUTH LINE OF SAFE HARBOR AND THE SOUTH LINE OF GOLDEN GATE ESTATES,
UNIT NO. 28, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 19
AND 20, OF SAID PUBLIC RECORDS, FOR 4,692.14 FEET, TO A CONCRETE MONUMENT NOW
SET AT THE SOUTHEAST CORNER OF TRACT 169, GOLDEN GATE ESTATES, UNIT NO. 28 AND
THE NORTHEAST CORNER OF SAID SECTIO'N 35; THENCE SOUTH 00'55'48" WEST FOR 2,673.79
FEET, TO A CONCRETE MONUMENT FOUND AT THE NORTHEAST CORNER OF LOT 18, WHITE LAKE
CORPORATE PARK, PHASE THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
34, PAGES 45 AND 46 OF SAID PUBLIC RECORDS; THENCE SOUTH 89'00'01" WEST, ALONG
THE NORTH LINE OF SAID LOT 18, AND THE NORTH LINE OF WHITE LAKE CORPORATE PARK,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, PAGES 26 THROUGH 28,
INCLUSIVE FOR 4,000.85 FEET TO THE SOUTHEAST CORNER OF LOT 16, CITY GATE COMMERCE
CENTER, PHASE ONE; THENCE NORTH 00' 4 7'14" EAST, ALONG THE EAST LINE OF LOTS 16, 15
AND TRACT "A" OF SAID PHASE ONE PLAT, AND THE WEST RIGHT-OF-WAY LINE OF A 170 FOOT
WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 681,
PAGE 1210, OF SAID PUBLIC RECORDS, FOR 2,072.75 FEET; THENCE NORTH 58'30'03" WEST,
ALONG THE SOUTHWESTERLY LINE OF SAID 170 FOOT WIDE F.P. & L. EASEMENT, FOR 596.93
FEET; THENCE SOUTH 61'09'57" WEST, ALONG THE SOUTHERLY LINE OF PARCEL "E", AS RECORDED
IN RECORD BOOK 3965, PAGE 2873, OF SAID PUBLIC RECORDS, FOR 203.97 FEET, TO THE
EASTERLY LINE OF THE CITY GATE COMMERCE CENTER, PHASE ONE; THENCE NORTHERLY ALONG
THE EASTERLY LINE OF SAID PHASE ONE, THE FOUR FOLLOWING COURSES;
1) NORTH 00'47'14" EAST FOR 124.70 FEET; THENCE
2l NORTH 31'30'28" EAST FOR 70.02 FEET; THENCE
3 NORTH 29'30'45" WEST FOR 52.47 FEET; THENCE
4 NORTH 00'28'39" WEST FOR 163.01 FEET, TO THE POINT OF BEGINNING.
CONTAINING 253.05 ACRES, MORE OR LESS.
SUBJECT TO RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD.
BEARINGS FOR THE ABOVE DESCRIBED PROPERTY ARE BASED ON THE NORTH LINE OF SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - BEING NORTH 89'13'01" EAST.
2982
Exhibit 1
Legal Description
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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 2009-68
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 Commissione'r.s ,je/ls.
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By: Teresa Pol~.k.~,-.~~/. ...~~
Deputy Cler,J.t'iia3~'e~:jJ?3~
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