Ordinance 2002-61 ORDINANCE NO. 02-fi~
AN ORDINANCE ESTABLISHING THE FIDDLER'S CREEK
COMMUNITY DEVELOPMENT DISTRICT NUMBER 2;
DESCRIBING THE EXTERNAL BOUNDARIES OF THEr, i~-
DISTRICT; NAMING THE INITIAL MEMBERS OF THE~;i
DISTRICT'S BOARD OF SUPERVISORS; NAMING TFIF~_c~
DISTRICT; PROVIDING FOR CONFLICT AND~
SEVERABILITY; PROVIDING FOR INCLUSION IN THL~m
CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, DY Land Associates Ltd., has petitioned the Board of County
Commissioners (Board) of Collier County, Florida, a political subdivision of the State of Florida,
to establish the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT # 2
(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), as required by Section 190.005(2)(c), Florida
Statutes:
The petition is complete in that it meets the requirements of Sections 190.005
(1)(e)2., and 190.005(2)(a), Florida Statutes; and all statements contained within
the petition are true and correct.
Establishment of the District on the land proposed in the petition 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.
The proposed area of land within the District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
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.
The area that will be served by the District is amenable to separate special-district
government; and
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 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; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right, authority and power to exercise its limited powers as
established by this Ordinance.
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
applicable provisions of law governing county ordinances. Whereas clauses are deemed to be
true and correct and are adopted as additional authority as if fully, and, set forth herein. Lastly,
the State created charter for the District is recognized as Sections 190.006 through 109.041,
Florida Statutes.
SECTION TWO: ESTABLISHMENT OF THE FIDDLER'S CREEK COMMUNITY
DEVELOPMENT DISTRICT # 2.
The Fiddler's Creek Community Development District #2 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:
1. Rhea Riegalhaupt 3.
6001 Pelican Bay Boulevard, #1206
Naples, FL 34108
Randy Byrnes
2587 Half Moon Walk
Naples, FL 34102
2. Arthur Woodward 4.
1136 Edington Place
Marco Island, FL 34145
George Schmelzle
1119 Augusta Falls Way
Naples, FL 34119-1362
Clifford (Chip) Olson
1020 Goodlette Road, Suite 200
Naples, FL 34102
SECTION FOUR: DISTRICT NAME.
The community development district herein established shall henceforth be known as the
"Fiddler's Creek Community Development District #2."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING DISTRICT.
The Fiddler's Creek Community Development District #2 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 Fiddler's Creek Community Development
District #2 will be duly and legally authorized to exist and exercise all of its general and special
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, without question as to the district's continued right,
authority and power to exercise its limited powers as established by this Ordinance. The District
Board's authority to exercise special powers may include the power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational
2
uses; and (ii) 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; all as authorized and described by Section 190.012 (2)fa) through (d),
Florida Statutes.
SECTION SEVEN: 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 EIGHT: 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 NINE: 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 iq,/~day of k~o~od~ac ,2002.
_ · .... ,. '.,',.~,,:": ,
II-lq-OZ u, Deputy Clerk
Approv~ as to Fo~
~d Legal Su~eiency
PATRICK G. WHITE,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
il-lq-O2
This ordinance filed with the
Secretary of State's Office the
~ day of 'Xb~°-~5---, 2jDOZ _
and acknowledgement of that
filing recgived)his -~ day
Depu~ Cl~rk ~
Exhibit A
FIDDLER'S
S.R. 951 COLLIER BOULEVARD
CREEK
COMMUNITY DEVELOPMEN'i
Pho~
~'" I of 3
950 £._?or; ..w?.~~~TRiCT
a~ CHECI(ED BY: Pf;EGJ~CT Ne,
W.T.C./F.F. 98.70
D;AM~
..-. ,x~ CDO2 EX-1
DATE: IDCHIBIT -
, 05/02 1
2 of 3
3 of 3
OCT OB ~02 11:27RII Y ¥ & ¥ ~.1~?1~
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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 copy of:
ORDINANCE NO. 2002-61
Which was adopted by the Board of County Commissioners on
the 19th day of November, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th day
of November, 2002.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County ,,~o.~. ~.is sioner s ,,,' ~¥' ~£~, ...
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