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Ordinance 2021-44 ORDINANCE NO. 2021 - 44 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RATIFYING AND CONFIRMING ORDINANCE NO. 2021- 11, WHICH ORDINANCE ESTABLISHED THE HYDE PARK COMMUNITY DEVELOPMENT DISTRICT 1 LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 368.9+/-ACRES TO ACKNOWLEDGE AND CORRECT A SCRIVENER'S ERROR IN THE LANDOWNER'S CONSENT SET FORTH IN THE PETITION FOR ESTABLISHMENT; PROVIDING FOR RETROACTIVE APPLICABILITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Recitals WHEREAS, Neal Communities of Southwest Florida, LLC, a Florida limited liability company,previously petitioned the Board of County Commissioners ("Board") of Collier County, Florida, a political subdivision of the State of Florida, to establish Hyde Park Community Development District 1; and WHEREAS, on March 9, 2021, the Board, after proper published notice, conducted a public hearing on the petition to determine whether the petition met the factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section 190.005(2)(c), Florida Statutes; and WHEREAS, following said public hearing, the Board determined the petition met the foregoing factors and the Board adopted Ordinance No. 2021-11 establishing Hyde Park Community Development District 1; and WHEREAS, subsequent to the adoption of Ordinance No. 2021-11, it was discovered there was a scrivener's error in the Landowner's Consent that was included with the petition to establish the district; and WHEREAS, for the avoidance of doubt as to the establishment of the District, the Board desires to reconcile the discrepancy caused by the scrivener's error; and WHEREAS, after the conduct of an additional public hearing noticed pursuant to Section 190.005, Florida Statutes, the Board desires to ratify and confirm Ordinance No. 2021-11 and the establishment of Hyde Park Community Development District 1. [21-00A-00274/1674645/1] 1 `\S�/ 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: RATIFIACTION OF ESTABLISHMENT OF THE HYDE PARK COMMUNITY DEVELOPMENT DISTRICT 1. The establishment of Hyde Park Community Development District 1 within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein is hereby ratified and confirmed. All provisions of Ordinance No. 2021-11 relating to the establishment of Hyde Park Community Development District 1 are ratified and confirmed. Hyde Park Community Development District 1 shall be governed by the provisions of Chapter 190, Florida Statutes, and all other applicable general and local law. SECTION THREE: RETROACTIVE EFFECT This Ordinance shall be deemed to be retroactive in application to the effective date of Ordinance No. 2021-11 and shall be deemed to be in full force and effect as of the effective date of Ordinance No. 2021-11. SECTION FOUR: 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 FIVE: 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 [21-00A-00274/1674645/l] 2 41.0 relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance, including the retroactive application provided for herein, 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 4144.1. day of 1y , 2021. ATTEST: = BOAR') O OUNTY COMMISSIONERS CRYSTAL'K. KINZR ,"CLERK COLL . UNTY, FL A B C^Rl Y By:Y• Attest as to Chairmn' pui le i Penny Taylor, Chair signature only. : Approv s to form and legality: S 1 hkar, Assistant County Attorney This ordinance Wed with t Secretory of Stofe's Office the � 2021 j r`duy of n' o that and acknowied9 ng rece-sr, eat of By ,cwti [21-00A-00274/1674645/1] 3 ,t w 'AIL Lit !'r FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State November 18, 2021 Ms. Martha S. Vergara, Board Minutes & Records Dept. Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-44, which was filed in this office on November 18, 2021. Sincerely, Anya Owens Program Administrator AO/Ib R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270