Ordinance 2009-69
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--_.~ 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.
ORDINANCE NO. 09 _ 69
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 p~n/"^.TE OPEN TO THE PUBLIC.
Except as otherwise agreed between County and owner or as determined by the Board of
Supervisors of the Community Development District. A!!II platted streets within the project shall be common
property of the project landowners and shall in all cases be open to travel by 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.
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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 I~ U/Yl b<..r ,2009.
ATTEST: '"
DWIG~TJt.JjJtq9K, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER CI1NTY, FLORIDA}
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DONNA FIALA, Chairman
'0.' t4'~ .'tt'IiM~puty Clerk
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By:
Approved as to form and
legal sufficiency:
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~Jeffrey A. Klatzkow @
County Attorney
09.0028/1 10/30/09(2) HFAC
This ordin::mce filed with tne
5z:jretory of ~C Office ~~
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,arid ockn;>i!b.~qement of that
fjJ' r(,r.:e;\'f,d this day
of
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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 2009-69
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 BoardOpi'
County Commissionei:..s..... '.~/
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