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Ordinance 2007-45 ~..6789}'O ..."".... }'}' I ~ ~ n 'C> " )\\\ ~\t\\ ~..~ 5 ~\},\.\) w, ORDINANCENO.2007-~ ~ ~i8'\;J AN ORDINANCE OF THE BOARD OF COUNTY ~~~\1.~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CONSENTING TO THE EXERCISE BY THE BOARD OF SUPERVISORS OF ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT OF CERTAIN ADDITIONAL POWERS RELATING TO PUBLIC IMPROVEMENTS AND COMMUNITY FACILITIES. ru. 'j ....,... WHEREAS, on June 20, 2006, the Board of County Commissioners of Collier County (Board), adopted Ordinance No. 2006-33, establishing the Artesia Naples Community Development District (District) as a community development district within the meaning of Chapter 190, Florida Statutes; and WHEREAS, pursuant to Section 190.012, Florida Statutes, community development districts have special powers relating to public improvements and community facilities 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 within the district; and WHEREAS, by Resolution No. 2007-4, dated February 13, 2007, a copy of which is attached hereto, the Board of Supervisors of the District requested the Board to consent to the exercise by the District of certain additional powers specified in Section 190.012(2)(d), Florida Statutes, in order to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars; and WHEREAS, the Board acknowledges the District's desire to exercise the special powers set forth in Section 190.0l2(2)(d), Florida Statutes, and that these improvements and additions will be funded solely from the District's budget. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board hereby consents to the exercise by the Board of Supervisors of the District of the special powers set forth in Section 190.0l2(2)(d), Florida Statutes, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, provided however 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. PASSED AND D~LY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of '1'J1a.o ,2007. ATTEST: . DWI9HtE'. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By J.did~ By: tkLu ~..L.. 0.( , Attest '.~ to. 1 ~uty Clerk '1gRature Oftl~ Approved as to form and I al fici w t County Attorney This ordinenee flI,." whh ltI, Secretory ef Stete', Oil.;.:;,' l"~ ...3.Q!'>doy ef.lnML. 200:1_ end ccknowledgem~nt 01 t1;~\ fiJing, received this ~ dtly 01 0lll\G ~~ By--;: ooo..../r Jeffrey Manag RESOLUTION NO. 2007-~ A RESOLUTION OF ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT REQUESTING THE BOARD OF. ." COUNTY COMMISSIONERS OF COLLIER COUNTY" FLORIDA TO GRANT THE DISTRICT CERTAIN ADDITIONAL POWERS PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDlNG FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ") - " ~ BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ARTESlA NAPLES COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. The Board of Supervisors (the "Board") of Artesia Naples Community Development District (the "District") is authorized to adopt this Resolution under the authority granted by the provisions of Chapter 190, Florida Statutes, as amended, its Charter (Ordinance No. 2006-33 adopted by the Board of County Commissioners of Collier County, Florida on June 20, 2006, (hereinafter, the "Ordinance") and other applicable provisions of law (collectively, the "Act"). SECTION 2. FINDINGS. A. Pursuant to the Ordinance, Collier County established Artesia Naples Community Development District (the "District") as a community development district within the meaning of Chapter 190, Florida Statutes. B. The Board of Supervisors of the District now desires to adopt this resolution requesting the Board of County Commissioners of Collier County to consent by ordinance or resolution to the exercise by the District of certain additional powers specified in Section 190.0l2(2)(d), Florida Statutes and to submit such resolution to Collier County. SECTION 3. REQUEST FOR ADDITIONAL POWERS. The District hereby requests the Board of County Commissioners of Collier County to consent by ordinance or resolution to the exercise by the Board of Supervisors of the District pursuant to Section 190.0l2(2)(d), Florida Statutes of the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for security, inclOOing, but not limited to, guardhouses, fences and gates, electronic intrusion-detection syS1ii:'lllS. and patrol cars, when authorized by proper governmental agencies; provided, however that the Dislrict may !lot exercisc any police power, but may contract with the appropriate local general purpose gO\'cmment agencies for an increased level of such services within the District's boundaries. The District's General Counsel and Bond Counsel are each hereby authorized to submit this r(.'Solution to Collier County. I SECTION 4. SEVERABlLITY. Should any sentence, section, clause, part or provision of this Resolution be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Resolution as a whole, or any part thereof, other than the part declared invalid. SECTION 5. upon its adoption. EFFECTIVE DATE. This Resolution shall be effective immediately PASSED AND ADOPTED at a meeting of the Board of Supervisors of Artesia Naples Community Development District this I ~ t\, day of February, 2007. A ttes!: Secre ARTESIA NAPLES COMMUNlTY DEVELOPMENT DISTRICT fT)~ 4Lud ChairmanlVice-Chairman ----- S:'Gn'~',Cljall FnWcr"'\<I..iJ N~plc.. CDrJ\Sttn,ityTR(;nD RcIloJul;on requesting .ddilionolpu....<:ts.DOC 2 II ,. r.- ....." ... 2. 23 'If. '\:. r:f ..... ... fJ~ .. 21 2m to ., 2' 1! .. ;;;~ \23MA ., JC IS ]I; 3t Sections 4 and 5; Township 51 South; Ran~e 26 East SITE LOCATION MAP s . 1 . ,. GOODLETTE COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAW Kevin G. Coleman J. Dudley Goodlette Kenneth R. Johnson Richard D. Yovanovich Edmond E. Koester Northern Trust Bank Building 4001 Tamiami Trail North Suite 300 Naples, Fl34103 239-435-3535 239-435-1218 Facsimile Linda C. Brinkman Stephen C. Pierce Gregory L. Urbancic William M. Burke Craig D. Grider Matthew L. Grabinski Matthew R. Galloway Matthew M. Jackson Alex R. Figares Jeffrey J. Beihoff Kevin L. Dees writer's e-mail address: l!urbancic(we:cilaw.com April 4, 2007 Marcia R. Kendall, Planner Comprehensive Planning Department Collier County Government Center 3301 Tamiami Trail, East Harmon Turner Building, 8th Floor Naples, Florida 34112 Re: Artesia Naples Community Development District Request for Additional Powers Under Section 190.012(2)(d) Dear Marcia: Our firm serves as legal counsel to the Artesia Naples Community Development District (the "District"). The District was established by Ordinance 2006-33, enacted by the Board of County Commissioners of Collier County, Florida on June 20, 2006. The Board of Supervisors of the District has requested that our office pursue the consent from the Board of County Commissioners for the District to exercise the additional powers listed under Section 190.0 I 2(2)(d), Florida Statutes. The powers under said statutory section include the authority for the District to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for security. Enclosed with this correspondence are the following items relating to this request: 1. A copy of Resolution 2007-04 of the District's Board of Supervisors formally requesting that the Board of County Commissioners consent to the exercise of these additional powers by the DistrIct. 2. A Statement of Estimated Regulatory Costs relating to the request. 3. Check #16 in the amount of $2705.00 payable to the Board of County Commissioners to cover the application fee and advertising costs. Marcia R. Kendall, Planner April 4, 2007 Page 2 of2 After your review of the foregoing, please contact me if you have any questions. I would be happy to meet with you to discuss this matter to address any concems you might have. Gregory L. Urbancic For the Firm Enclosures cc: Neil Dorrill, District Manager David Caldwell, WCI Communities, Inc. Statement of Estimated Regulatory Costs Proposed Amended Ordinance to the Artesia Naples Community Development District providing for the additional powers pursuant to Chapter 190.0l2(2)(d), Florida Statutes. Purpose The purpose of this Statement is to identifY the economic impacts of the adoption of the Proposed Amended Ordinance to the Artesia Naples Community Development District providing for the additional powers pursuant to Chapter 190.0l2(2)(d), Florida Statutes. This Statement of Estimated Regulatory Costs is prepared in accordance with the requirements of Chapter 120.541, Florida Statutes. 1.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the amended ordinance, together with a general description of the types of individuals likely to be affected by the amended ordinance. The principal entities that are likely to be required to comply with the ordinance include the District, the State of Florida, the County and the master property owners' association. In addition, existing and future homeowners and their visitors and guests in the Artesia Naples community will also be affected by the amended ordinance. The Artesia Naples community is expected to contain 725 residential units when completed 2,0 Good Faith estimate ofthe cost to State and local government entities, of implementing and enforcing the proposed amended ordinance, and any anticipated effects on State and local revenues, There will be no additional costs to the State or local government, since the Artesia Naples CDD already has been established by prior ordinance. The amended ordinance provides for additional powers only which will not add to the costs of the State or local government for implementing same, except for the County's costs to review and adopt the petition, which costs have either been pre-paid or the direct cost re-imbursed by the petitioner. The amended ordinance which provides for expanded powers for the District will not have any effect on State and local revenues, except to the extent that the District purchases goods and services which may be exempt from the State's sales tax and to the extent that any of the District's personal property is exempt from Tangible Personal Property taxes. 11Ie District in implementing the additional powers will incur additional and recurring annual expenses to operate and maintain the facilities, equipment and services that could be provided by the additional powers. The District in order to fund the additional cost will impose additional non ad-valorem assessments on the I property owners within the District, however, these additional District revenues are expected to be offset by corresponding reductions in expenses and assessment revenues by the Artesia Naples Master Homeowners Association, the entity currently providingfor similar services to the property owners in the community. 3.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements ofthe rule, As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the costs of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and costs of monitoring and reporting. Transactional costs to the local governmental entities, specifically Collier County, are discussed in Item 2 above and involve the review and adoption of the petition. These costs have either been prepaid or the direct costs re-imbursed by the petitioner. Otherwise, there are no recurring transactional costs to local governmental entities. The transactional costs to individuals and entities will apply only to the property owners within the boundaries of the Artesia Naples CDD and any facilities or services which the District provides pursuant to the additional powers will be included in the annual non-ad-valorem assessments. The additional powers granted to the District are not likely to require imposition offilingfees, licensing, additional equipment, operational cost requirements on the part of individuals or entities. In considering the transactional costs that may be paid by those affected by the proposed hdditional powers granted to the Artesia Naples CDD, three points are important. First, unlike most other situations, 100% of the costs that will be funded by the District will be incurred in any event. That is because, if the District did not provide the facilities or services, then either the Developer or Master Property Owners Association would provide the facilities or services with those benefited parties paying for those same facilities or services. Second, State Law requires that prospective property owners in the Artesia Naples community are disclosed that the District exists and may impose assessments on the benefited property. And third, the District must conduct its annual budget approval and adoption process in open, publicly advertised meeting and provide for comment and input from the public. 2 4.0 An analysis ofthe impact on small businesses as dermed by s.288.703, and an analysis of the impact on small counties and small cities as defined by s.120.52. Approval of the petition for additional powers for the Artesia Naples Community Development District will have only incidental impact on small businesses, and it is positive. The District must operate according to Florida's "sunshine" laws and the District must follow the competitive bids requirements of chapter 190.033 for the goods and services it will purchase. As a result, small businesses may be better able to compete for District business. Florida Statutes defines "small county" as a population of 75,000 persons or less, therefore Collier County is not a small county by definition. 5,0 Any additional information that the agency determines may be useful. There is no additional information. SERC-Expand~d Powers.doc 3 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 and correct copy of: ORDINANCE 2007-45 Which was adopted by the Board of County Commissioners on the 22th day of May, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of May, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk ',\:":1-' Ex-officio to a9~ra6f, ?n;;;Jf;~ By: Martha verga;ra I' Deputy Clerk