Ordinance 93-39 ORDINANCE NO. 93- .39
AN ORDINANCE ESTABLISHING THE DOVE POINTE COMMUNITY /
DEVELOPMENT DISTRICT; DESCRIBING THE EXT~L
BOUNDARIES OF THE DISTRICT; NAMING THE INIT~.
MEMBERS OF THE BOAR[) OF SUPERVISORS; NAMING THEq~
DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY;
BY PROVIDING AN EFFECTIVE DATE.
AND
WHEREAS, DOVE POINTE DEVELOPMENT CORPORATION has petitioned
the Board of County Comm~.ssioners to establish the DOVE POINTE
COMMUNITY DEVELOPMENT DISTRICT; and
WHEREAS, the Board .of County Commissioners, after proper
published notice conducted a public hearing on the petition as
required by law and determined the following:
1. The petition is complete in that it meets the
requirements of Section 190.005(1)(a), Florida Statutes; and all
statements contained within the petition are true and correct.
2. Establishment of the proposed district is not
inconsistent with the local Comprehensive Plan of Collier County
and is not inconsistent with the State Comprehensive Plan.
3. That 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. That 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. That the community development services and facilities of
the distri6t will not be incompatible with the capacity and uses
of existing local and regional community development services and
facilities.
6. That the area wi].l be served by the district is amenable
to separate special district government; and
WHEREAS, it is the ]~olicy of the State, as provided in
Section 190.002(2) (c), 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 served 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 i~ave 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; and that a district
shall take no action which is inconsistent with applicable
comprehensive plans, ordinances, or regulations of local general
purpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, the
district's special powe~rs are 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 therein.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY:
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AUTHORITY FO~ ORDINANCE
This Ordinance is adopted pursuant to Section 190.005(2),
Florida Statutes, and other applicable provisions of law governing
county ordinances.
SECTION TWO~ ESTABLISHMEN~ OF THE DOVE POINTE COMMUNITY
DEVELOPMENT :DISTRICT
The Dove Pointe Community Development District is hereby
established within the boundaries of the real property described
in Exhibit "A" attached hereto and incorporated by reference
herein.
~2~
SECTION THREE= DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the
initial members of the Board of Supervisors:
1. Jim Curry
43 Barkley Circle, suite 101
Fort Myers, FL 32~907
2. Rochelle Marks
~:>il P.O. Box 1008
. ~ Naples, FL 33939
3. Art Largent
105 Murifield Circle
Naples, FL 33962
4. Dr. Elijah Bell, Ph.D.
4548 31st Avenue SW
Naples, FL 33999
5. John Veit
206 Bream Drive
Naples, FL 33961
SECTION FOUR= DISTRICT NAHE
The community development district herein established shall
henceforth be known as the Dove Pointe Community Development
District.
SECTION FIVE= STATUTORY ~'ROVISIONS GOVERNING DISTRICT
The Dove Pointe Co:~munity Development District shall be
governed by the provision of Chapter 190, Plorida Statutes.'
SECTION SIX: CONFLICT ~ND 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 SEVEN= EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of Sta%e.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~O day of
1993.
· L A~TEST: "
...DWIGHT E: .BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
.. ,.. L, OF COLLIER COUNTY, FLORIDA
'~.~'. ' ' . By:
.~ Chairman
· -. AP~ro.~9~,~'as to form and
· ' lega.l'., su f f iciency:
Richard D. Yovanovich
-Secretary c~f~S~ate~s Offlc~
Assistant County Attorney a. n4 ackn°.~'edgerr~'rtt".O~ that
-4-
TEC/sc/8583
Exhibit A
Metes and Bounds Legal Description
A parcel of land lying in Section 28, Township 48 South, Range 26 East,
Collier County, Florida, said parcel of land being;more particularly describe'd
os follows:
Commencing at the northeast corner of said Section 28; thence South
03'05'19" East alo.rlg the ~;asterly line of the northeast quarter (NEll4)
of said Section 28 .for a distance of 100,08 feet to an intersection with the
southerly right-of-way lira: of Immokalee Road (C.R. 846); thence South
89'10'00" West along said southerly right-of-way line for a distance of
I980.13 feet [o the POINT' .OF BEGINNING of the herein described parcel of land:
thence South 03'04'06" Edst.for o distance of 1576.35 feet;
thence North 89'09'3~" East for a.distance of 1980.67 feet to an
i~tersection with the said easterly line of the northeast quarter
of Sec(ion 28;
thence South 03"05'19" Eels( along said easterly line for 9 dislonce of
998.38 feet to the .southeast corner of the northeast quarter
thence South 03'05'44" East along the easterly line of the southeast
quarter (SEll4)'of said Section 28 for o distance of 267.4.92 feet to [he
southeast corner of' said Sec[ion 28;
then'ce. South 89'II'00" W~'.st along the southerly line o'f the said
southeast quarter (SEI/4~I of Section 28 for o distance of 2642.1,4 feet [o the
southwest corner of (he .,:atd sou(beast quarter (5EI/4) of Section 28;
then. ce North 03'04'55" W6st along the westerly line of (he the east
half (EI/2) of said Section 28 for a distance of 3342.98 feet to [he southeast
corner of the east half (~;I/2)'of the northeast quarter (NEll4) of the '
southeast quarter (sEll4) of the northwest quarter
· thence South 89'lO'17--W,,.st along [he southerly line of said fradUon for a
distance of 330.19 fee[ to an intersection withe the westerly line of said
fraction; : .
[hence North 03'04'5~" West along said .westerly line for o' distance of
668.55 feet to on intersection with the northerly line of said
: thence North 89'I0'11". E¢,st along'said nodh~rly line for o distance of
330.18 feet to on'intersection with the said westerly line the east half
',(EI/2) of Section 28;'
thenc.e North 03'04'55" West along said westerly line for o distance of
1237.04 feet to on intersection with the said southerl'y'line of lmmokolee
Road (C.R 846); . ·
thence North ~9"10'00" E,3st along sold southerly line for a distance 'of
: 661.06 feet to the POINT OF BEGINNING;
Containing 251.521 acres of land, more or less.
Subject 16 easements and restrictions of record.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Coll!er County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 93-39
which was adopted by the Board of County Commissioners on
the 20th day of July, 1993, during Regular Session.
WITNESS my hand and 'the official seal of the Board of
Gounty Commissioners of Collier County, Florida, this 21st
day of July, 1993.
County Commlsstoner~ .~ ~....' . ~