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Ordinance 2020-012 ORDINANCE NO. 2020- 1 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE ENBROOK COMMUNITY DEVELOPMENT DISTRICT LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 65.80+/- ACRES; PROVIDING FOR THE AUTHORITY FOR ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARIES FOR THE ENBROOK COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE DESIGNATION OF INITIAL BOARD MEMBERS; PROVIDING FOR THE DISTRICT NAME; PROVIDING FOR STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR PETITIONER'S COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, D.R. Horton, Inc. has petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the ENBROOK COMMUNITY DEVELOPMENT DISTRICT (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) Florida Statutes, as required by Section 190.005(2)(c), Florida Statutes: 1. The petition is complete in that it meets the requirements of Sections 190.005, Florida Statutes; and all statements contained within the petition are true and correct. 2. Establishment of the proposed District 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. 3. 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. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. [19-CMP-01069/1520485/1] Enbrook CDD 2/5/20 Tyi y`,: / 5. 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. 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, Florida Statutes 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 (2)(a) and (2)(d), Florida Statutes, upon the establishment of the proposed community development district, the District Board of Supervisors have sought the right to 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 other applicable provisions of law governing county ordinances. [19-CMP-01069/1520485/1] Enbrook CDD 2/5/20 SECTION TWO: ESTABLISHMENT OF THE ENBROOK COMMUNITY DEVELOPMENT DISTRICT. The Enbrook Community Development 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: 1. James Ratz 3. Ashley Koza 2. Rebecca Sarver 4. J. Wayne Everett 5. Landon Thomas SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the "Enbrook Community Development District." SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The Enbrook Community Development District 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 The Board hereby consents to the exercise by the Board of Supervisors of the District of the special powers set forth in Section 190.012(2)(a) and (d), Florida Statutes, 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 education uses and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, as authorized by proper governmental agencies, provided however that the District may not exercise any police power, but may [19-CMP-01069/1520485/1] Enbrook CDD 2/5/20 C�,t� contract with the appropriate local general purpose government agencies for an increased level of such services within the District boundaries. SECTION SEVEN: PETITIONER'S COMMITMENTS The adoption of this Ordinance is predicated upon the material inducements contained in the foregoing Recital setting forth Petitioner's Commitments, re-stated as follows: that the Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five member Board of Supervisors at such time as residents begin occupying homes in the District, and (2) record a Notice of Assessments containing the specific terms and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. The Board shall retain any and all rights and remedies available at law and in equity to enforce Petitioner's Commitments against Petitioner, its successors and assigns. SECTION EIGHT: 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 NINE: 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 TEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. [19-CMP-01069/1520485/1] Enbrook CDD 2/5/20 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 1C "day of MarCE , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYST ,•It2, TZEL, CLERK COLLIE COUNTY FLORIDA • At: "b t i "r B y: ', tlest at 01 I puty Clerk Burt L. Saunders, Chairman r! 3ture o .• $,N*Approve as.jd form and legality: Sa Assistant County Attorney 4110 This ordinance filed with the Se ary of State's—eO-ffice the ay of A{A _ and acknowiedgernerit,o ;,.w t Min received this of Deputy Clerk [19-CMP-01069/1520485/11 Enbrook CDD 2/5/20 CAO' Exhibit A aMtt ts-cs-SA/,3Aar1S\CIdd3rHao} r00218N3 - os\6toL mans .L 3road\A3tans\e a moo 04 tom ks64-fi b §y wOecz za 4 i li!LVM54A 4t".!Qi., 'g ,...0, ,, IPOI yyyyyy.�� a `. W tri 4 V co W OK bg.001eRO 0 a0� z g baz4:11'""- ti 2 O 2 17. cc if c. o ••. qbaj Mkrw WRW WY NpZou. y � t161 � rn (T -1' iVq Z A £Mti a Q a0 w Lu x 00 " s � $ t .,pQ r cc � ry C zo a � � a� C) X1 id5a9V4: i tz),..4 z v, Wg„a a�3 J'' o�' < lc� ..4c — ro b • Z. ¢` N m ` M Lunt 51 WO an Q � �' C .C-R'. c.,, N oar�[WPC ac ”' .. 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H of }� z2av)WO O <a JYT$� 7_ •=! 4 2 ?-' IS 2 Z� z "t= c,IN: i VO8 `n tn,u V _ T q azw w,e V 2 pp` d 4 - N xc33 x w o caw3,v,- ` = : 1 41!: -0 cz) 2 (n V1 OY (/1w CS�OWa 11 zo/r waz.', � x6.— V Wo 2 g qyN o,-r z „ « a,ZH . w x ..� Z „; ye .�'..ro cy0 �i vOih <o l&& g a 1 �zgwd 0 =W U Ti N O ¢ N on.x, qt it „1110 FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State March 13, 2020 Ms. Teresa Cannon, BMR Senior Deputy Clerk II Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2020-12, which was filed in this office on March 13, 2020. 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