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Ordinance 2001-044 ORDINANCE N0. 01- 4._._.~_4 AN ORDINANCE ESTABLISHING THE PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; NAMING THE DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Airport Commissioners to establish DISTRICT (District); and WHEREAS, the Board of County Commissioners, at, er proper published conducted a public hearing on the petition as required by law and determined the following: Road Limited Partnership has petitioned the board of County the PINE AIR LAKES COMMUNITY DEVELOPMENT notice 1. The petition is complete itl 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 fianctional 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 District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. That the area will be served by the District is amenable to separate spe~'dis~ct government; and WHEREAS, it is the p61icy of the State, as provided in Section 190.00ff_t.~i (c~, FI Statutes, that the exercise by any independent district of its powers as set f~ b_)~u~ niform 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 have any zoning or permitting powers governing development; and WHEREAS, Section 190.044 (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. 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 PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT. The Pine Air Lakes Community Development District (District) is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of'the Board of Supervisors of the District: 1. Janet Aronoff 3. Norman Ross 626 Gulfshore Boulevard South 2525 Gulf of Mexico Drive Naples, Florida 34102 Apartment 6-D Long Boat Key, Florida 34228 2. Marcia Ross 2525 Gulf of Mexico Drive 4. Tom M. High Apartment 6-D 2599 13th Street, North Long Boat Key, Florida 34228 Naples, Florida 34103 5. Katherine R. English 1610 Fort Denaud Road LaBelle, Florida 33935 P.O. Drawer 1507 Ft. Myers, Florida 33902 SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the Pine Air Lakes Community Development District. SECTION FIVE: STATUTORY PROVISIONS GOVERNING DISTRICT The Pine Air Lakes Community Development District shall be governed by the provisions of Chapter 190, Florida Statutes. -2- SECTION SIX: 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 SEVEN: 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 EIGHT: 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, Florida, this _~',/ day of ~,~,~-- ,2001. ATTEST!" "? 'DWIGHT E. BRocK '~./f) ~'r~v Clerk Approved as to Form and Legal Sufficiency: Patrick G. White, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This ordinance filed with the ____of State's Office the day of ~, Z.©~ and acknowledgerneDct~pf that filil~g received this ,~' day of~,i g.~ t -3- EXHIBIT A Pin Air Lakes Legal Description Section 11, Township 49 South, Range 25 East, A parcel or tract of land lying in ' ' Collier County, Florida, being described as follows: CommeTl¢ing at the Nol/h~a,~ comer of said Section 11, run S 00°27'47" W along the East line of said Section 11 a distance of 1318.86 feet; thence S 88°47'13" W 100.04 feet to the POINT OF BEGINNING and the westerly right-of-way line of County Road No. 31; thence confimm S 88°47'13" W 2654.06 feet; the, ncc S 01°05'27" E 1316.71 feet; thence S 01°05'18" E 1316.78 feet; thence N 88°51'31'' E 1341.42 feet; thence N 00°18'58" W 329.45 feet; thence N 88°50'57"B 1245.82 feet to thc Westerly right-of-way linc of County Road No. 31; thence lq 00°27'18" B along said fight-of-way line 989.28 feet; thence N 00~27'40" B along said right-of-way Line 1318.80 feet to thc POINT OF BEGINNING: Said parcel or tract containing 148.99 acres, more or less. Bearings based on a bearing of N 00027'47" E on the East lin~ 'of the NE ½ of Section 11, Township 49 South, Range 25 East, Collier County, Florida. This description meets the Minimum Technical Standards as set forth by the Florida Board of Land Surveyors, pursuant to Chapter 472.027, Florida Statutes. 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. 2001-44 Which was adopted by the Board of County Co~hmissioners on the 31st day of July, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of August, 2001. DWIGHT E. BROCK Clerk of Courts and clerk Ex-officio to Board of County Commissioners Deputy Clerk