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Ordinance 2017-33 ORDINANCE NO. 2017- 3 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO. 02-61,AS AMENDED, THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NUMBER 2; PROVIDING AUTHORIZATION FOR THE EXERCISE OF SPECIAL POWERS REGARDING MOSQUITO CONTROL PURSUANT TO SECTION 190.012(2)(e), FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 19, 2002, the Board of County Commissioners (Board) adopted Ordinance No. 2002-61 establishing the Fiddler's Creek Community Development District #2 (District), as a community development district within the meaning of Chapter 190, Florida Statutes; and WHEREAS, on June 24, 2014, the Board approved Ordinance No. 2014-26, amending Ordinance No. 2002-61, which expanded the external boundaries of the District from 998.6 acres to 1,068.09 acres,or 69.30 additional acres and authorized the exercise of special powers regarding parks and facilities or indoor and outdoor recreational, cultural and educational uses and security; and WHEREAS, on May 9, 2017, the Board further amended the District via Ordinance No. 2017-16 to decrease the total acreage to 1,059.734 acres; and WHEREAS, the residents of District have experienced an increase in the mosquito population in their community; and WHEREAS, the District has requested that Collier County consent to the exercise by the District of special powers relating to mosquito control; and WHEREAS, Section 190.012(2)(e), Florida Statutes, allows the Board to authorize the District to exercise the special power of "control and elimination of mosquitoes and other arthropods of public health importance;" and WHEREAS,the Board consents to the District exercising this special power to combat the mosquito infestation within the boundaries of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Section Six of Ordinance No. 02-61, as amended; Authorization to Exercise Additional Special Powers. Page 1 of 2 Section Six of Ordinance No. 02-61, as amended, be further amended by adding the following: The District is hereby authorized to exercise the special power to plan, establish, acquire, construct or reconstruct,enlarge or extend, equip, operate, and maintain additional systems and facilities for the control and elimination of mosquitoes and other arthropods of public health importance pursuant to Section 190.012(2)(e), Florida Statutes. 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. SECTION THREE: 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 Ordinance 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 FOUR: 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 \ v: �� day of o\L-\ , 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DW HT E IBROC , CLERK COLL kiip TY, FLORIDA aT By//Z ZI✓ e as to m'an'S Deputy Clerk PENNY f LOR, C ayr AN aturetniy. Approved as to form and legality: A ,_ _ ‘-t/-'. This ordinance filed with the Emily R. P4 n Secretary of State's Office the . day of --TA-6.1 d-O t"— Assistant County Attorney and acknowledgement o that filing r ceived this law( day ofp1-014- By Page 2 of 2 Nouty T14r 441010. .amu: .?;: FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State July 12, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2017-33, which was filed in this office on July 12, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us