Ordinance 96-67 ORDINANCE NO. 96- 67
AN ORDINANCE AMENDING ORDINANCE NO, 93-39, AS
AMENDED, RELATING TOT HE DOVE POINTE COMMITNITY
DEVELOPMENT DISTRICT~ CHANGING THE NAME OF
THE DIsTRIcT TO THE ERITAGE GRE S COMITY
DEVELOPMENTDISTRICT BY AMENDINGTHE FOLLOWING
SECTIONS: SECTION TWO - ESTABLIS~PT OF T~E
DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT;
SECTION FOUR - DISTRICT NAME; AND SECTION FIVE
- STATUTORY PROVISIONS GOVERNING DISTRICT;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND BY PROVIDING AN EFFECTIVE
DATE.
~EREAS, the Dove Pointe Community Development District was
established on July 20, 1993, by Ordinance No. 93-39 which became
effective on July 28, 1993; and
~EREAS, Ordinance No. 93-39 was amended by Ordinance No. 93-
70 which authorized the exercise of special powers which became
effective on October 8, 1993; and
WHEREAS, the Board of Supervisors of the Dove Pointe Community
Development District has requested the Board of County
Commissioners of Collier County to amend Ordinance No. 93-39, as
amended, to change the name of the District to the Heritage Greens
Community Development District to match the name of the Planned
Unit Development zoning for the lands encompassed by the District's
boundaries.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida that:
SECTION ONE.
Ordinance No. 93-39, as amended, the Dove Pointe Community
Development District Ordinance, Section Two is hereby amended to
read as follows:
SECTION TWO - ESTABLISHMENT OF THE DOVE ~nOINTE HERITAGE
GREENS COMMUNITY DEVELOPMENT DISTRICT
The Dcvc Pcintc HCr~taqe Greens Community Development District
is hereby established within the boundaries of the real property
described in Exhibit "A" attached hereto and incorporated by
reference herein.
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Words ~nderlined are added; words ctruck through are deleted.
SECTION
Ordinance No. 93-39, as amended, the Dove Pointe Community
Development District Ordinance, Section Four is hereby amended to
read as follows:
SECTION FOUR: DISTRICT NAME
The community development district herein established shall
henceforth be known as the Dovc Pcin~c Heritaae Greens Community
Development District.
SECTIONTI~REE.
Ordinance No. 93°39, as amended, the Dove Pointe Community
Development District Ordinance, Section Five is hereby amended to
read as follows:
SECTION FIVE: STATWORY PROVISIONS GOVERNING DISTRICT
The Devc Polntc Heritage Greens Community Development District
shall be governed by the provisions of Chapter 190, Florida
Statutes.
Additionally, the Board of County Commissioner of Collier
County, Florida, hereby consents to the Board of Supervisors of the
Dcvc ?cintc Heritage Greens Community Development District
exercising the following special powers in accordance with Section
190.012(2), Florida Statutes, to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate and
maintain additional systems and facilities for:
(a) Parks and facilities for indoor and outdoor recreational,
cultural and educational uses.
(b) Security, including, but not limited to, guardhouses,
fences and gates, electronic intrusion detection systems,
and patrol cars, when authorized by proper governmental
agencies; except 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.
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Consent to exercise the above powers by the Board of County
Commissioners in no way implies that Collier County has any
obligation or responsibility to ensure that these special powers
are exercised by the District nor any liability in regards to the
District's exercise of these special powers.
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 THE 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 Ordinance may be tenumbered or 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 shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this
, day of ~7//~, 1996.
"' 4' "'%
ATTEST: '..'
DWIGHT E. BROCK~~ Cl'erk BOARD OF COUNTY COMMISSIONERS
· ,' .
.App~oVed a~ t~ fQ~m and
eAssistant County Attorney
2"20095H
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Metes and Bounds Legal Description
A parcel of lend 1~dng in Section 28, Township 48 South, Range 26 East,
Collier Count),, Florfda. said parcel of land being:more particularly descrlbe~l
as follows:
........ · '~-_ .:..
Commencing at the northeast comer of said Section 28; thence South
.. 03'05'19" East arong the easterl), ilne of the northeast quarter (HEll4)
of said Section 28 .for a ~jlstance of |00.08 .feet Io an Intersection with
southerly right-of-way line of Immo~alee Road (C.R. 848]: thence South
8~'~0' 0" Wes~ along sa~d southerly r;gh~-af-waY H~, for ~ distance 0
~80.~3 fee~ ~o [he POINT OF BEGZNNING of [he here;n .~escribed parcei of Eand:
~ ihence Souih 03'04'0~" Eas~ .for ~ distance of I57~.35 feei:
thence North B9'0~'31= Easi for a.d;sience of ~80.~7 feei ~o an
fAiersecUon wE[h ihe sa~d easi.rEy I;ne of ihe nor[heasi quarter
of Saciron
ihence Sou~h 03'05'~" East a;ong sa~d easterly 1me for ~ d~s[ance of
~9B.38 fee~ .to ihe .sou[heas~ comer of ih, noriheas~ qua~ier
[hence Sou[h 03'05'44" Eas~ along [he easterly Hne of [he sou[heas{
quatier (SEll4)'of said Sectfan 28 for'a disiance ef 2~7~.~2
sou~heas~ co~e~ of' said Sec~{on
thenbe. Sou~h 8~1'00" West along [he southerly fine o} ih, sa~d
sou[heas~ quarter (SEllS) of Section 2B for ~ distance of 2~42.~4
sou[hwes~ corner of [he sa1~ sou~h,as~ quarter (S~/4) of SectEon
[heOce Horih 03'04'55" W~s~. along [h~ westerly line of [he ihe eas~
half (El/2) of said Sec~ion 2B for a dlsiance of 3342.~8 fee~ ~o
comer of iKe ease hqlf (El/2)'af the norihease quarter (NE~/4) of
southeast quarter (sEV~) of the northwest quarter (HWI/~]; .
thence South Bg~O'17 West along [he souiherly line of said fredlion for a
distance of 330. Ig fee[ to an Inletsaction withe the westerf~ fine of said
[racllon;
lhence North 03'0~'51" West along so~d ~eslerl? line for a' distance
~8.55 fee~ to an lntersecilon wfih (he nailhotly llne of said f~aciEon;
: thence Hor(h 8g~0'1~". Eas[ along'said norih~rl~ Une for o dFsionce
330.~8 feet [o an'In[ersectlon wlih lhe said wasicily line lhe egs[ half
,.(EI/2) of Saclion .28; '
thenc~ Horih 03'0~'55" Wesl along sam wesierl~ line for o distance of
1237.0~ feet [o on Intersection wllh Ihe said soulhotly'line of Immokalee
Road (C.R 8~); ' ·
thence Norih 8g~O'O0" Eas[ afon'g sold soulhiriy llne for a dis[once 'of
: 661.0~ feet [o the POINT OF BEGI~HING;
Containing 251.521 acres of !and, more or less.
Subject [6 easements and restrlcllons of record.
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 copy of:
ORDINANCE NO. 96-67
Which was adopted by the Board of County Commissioners on the 5th day
of November, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 7th day of November,
1996.
DWIGHT E. BROCK ,,."" : ~. .' '.'.
Clerk of Courts and.."~lefk ?"",.
Ex-officio to Board of." :.
County Commissioners..' ,, =
Deputy Clerk%. ', ~" ....... .