Ordinance 96-57 ~%~ ~ '-~> ORDINANCE NO. 96- 57
~ ,~\~ ORDIXm~CE TO SE m~ow~ ~ ~az ~s ~~
~iTY D~~ DIS~ICT O~IN~CE; PR~IDIN~
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~~ '~'iCT; PROVIDING mR A BO~ OF SUPERVI~RS;
DING FOR CONVICT ~ S~ILITY; PR~IDI~ ~,, r-':
EF~CTI~ DATE; ~ BY PRODDING ~R INCLUSION IN ~ODE
OF ~WS ~ O~I~S.
WHEREAS, Section 190.005, Florida Statutes, provides for the
establishment of a Uniform Community Development District; and
WHEREAS, U. S. Home Corporation, as owner of the subject
lands, has petitioned the Board of County Commissioners to
establish a Community Development District in Collier County; and
WHEREAS, the established government district does not, and
by law shall not effect the rights, authority and duty of Collier
County to regulate land use and growth on the above-referenced
property; and
WHEREAS, U. S. Home Corporation on July 29, 1996 submitted
the petition to Collier County for its review together with a
processing fee of fifteen thousand dollars ($15,000); and
WHEREAS, the exercise of the Community Development
District's power and functions will comply with, and be
compatible with, the laws, policies, regulations and ordinances
including those of the Collier County Water-Sewer District in
Collier County which governs the existing and future use of land
on which the proposed district shall be established; and
WHEREAS, the exercise by the Board of Supervisors of such a
Community Development District shall be subject to all procedural
requirements including notice of meetings, government-in-the-
sunshine, ethics and conflicts of interests, and various
limitations on the powers, functions and duties of the District;
and
WHEREAS, U. S. Home Corporation, as the controlling
constituent in the proposed Community Development District, has
committed to the Board of County Commissioners to ask the
Community Development District Board of Supervisors as its first
substantive act to enter into a satisfactory interlocal agreement
with Collier County and the Collier County Water-Sewer District;
and
WHEREAS, the adoption of this Ordinance shall not under any
circumstances preempt any land use decisions currently in effect
or to be decided in the future by Collier County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS, THAT:
SECTION ONE: FINDINGS.
The Board of County Commissioners makes the following
1. The creation of the District is consistent with any applicable
element or portion of the State Comprehensive Plan and of the
effective local government comprehensive plan.
2. 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.
3. The District is the best alternative available for delivering
community development services and facilities to the area that
will be served by the District.
4. The community development services and facilities of the
District will be compatible with the capacity and uses of
existing local and regional community development services and
facilities.
5. The area that will be served by the District is amenable to
separate special district government.
SECTION TWO: GRANT OF PETITION ESTABLISHING DISTRICT.
The Board hereby grants the petition for the establishment
of the District pursuant to Section 190.005{2), Florida Statutes.
SECTION THREE: EXTERNAL BOUNDARIES OF THE DISTRICT.
The land area to be served by the Community Development
District is five hundred and fifty-seven (557.0) contiguous acres
of land which is bounded on the north by Davis Boulevard (State
Road 84) and undeveloped lands, bounded on the south by a
developing residential subdivision, bounded on the east by the
Isle of Capri Road (C.R. 951) and bounded on the west by
undeveloped lands. This land area is more particularly described
in the attached Exhibit "A".
SECTION FOUR: DISTRICT NAME.
Name of the proposed district is the Naples Heritage
Community Development District.
SECTION FIVE: BOARD OF SUPERVISORS MEMBERS.
The Board designates the following five persons to serve as
the initial members of the Board of Supervisors:
a) John J. Agnelli, 2700 South Horseshoe Drive, Naples, FL
34104;
b) Alan Burns, 10491 Six Mile Cypress Parkway, Ft. Myers, FL
33912;
c) Peter Comeau, 10491 Six Mile Cypress Parkway, Ft. Myers, FL
33912;
d) John F. Stanley, 2660 Airport Road South, Naples, FL 34112;
and
e) Ray Miller, 3200 Bailey Lane, Suite 200, Naples, FL 34104.
SECTION SIX: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
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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 SEVEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the
Secretary of State.
SECTION EIGHT: 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 Ordinances of Collier County,
Florida. The sections of the Ordinance may be tenumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
PASSED AND DULY ADOPTED by a vote of a majority of the Board
of County Commissioners of Collier County, Florida, this ~
day of~, 1996.
ATTEST: . ':'. BOARD OF COUNTY COMMISSIONERS
DWiGHT"~;:",BROCK, Clerk OF COLLIER COUNTY, FLORIDA
,. ".. 7 ' '~ . j; ~ HN , Chairman
· . "..-.' "'.l~ '" .
Approved as 'to form and
This ordinc~nce f~led with
Secreton/of S~ote's Office the
~ day of ~'JZ.' ~, ~i _
- filing received this ~ ~y
H~idi 'F. Ashton By "' ~
Assistant County Attorney
4 ~4
EXHIBIT 2
LEGAL DESCRIPTION
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT
Begin at the Northwest corner of Section 10, Township 50 Soulh, Range 26 East and run
N88°57' 16"E along the North line of said Section 10 for 5008.28 feet to the West Right-Of-
Way line of County Road 951; thence run S00°51'35"W, along said Right-Of-Way, for
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13 7.19 feet; thence run 888°37'27"W for 4971.94 feet to the West line of said Section 10;
|hence mn S00°40'13E, along said We. st line, for 3513.15 feet; thence run N89°34'24"W for
653.91 feet; thence run S00°41'08"E for '700.37 feet to the South line of Section 9, Township
50 South, Range 26 East; thence run N89°24'00"W, along the South line of said Section 9, for
1307.36 feet; thence run N00°4Y07"W for 696.04 feet; thence run N89°35'44"W for 653.87
feet to the West line of the East one-half of said Section 9; thence run N00°46'52"W, along
said West line, for 4856.27 feet to the Northwest corner of the Northeast one-quarter of said
Section 9; thence run N00°48'29"W, along the West line of the East one-half of Section 4,
Township 50 South, Range 26 East, for 24.F,9 feet to the South Right-Of-Wa line of State
Road 84; thence run along said Ri hi-Of-Way and a curve concave Northwcste'r~' for 2246.00
feet, said curve having a radius o1~2939.79 feet, an included angle of 43°46'2~", a chord of
2191.77 feet and a chord bcarir. g of N52°11'04"E to a point of rangehey; thence continue
along said Right-Of-Wa, N30°IT'51"E for 1721.35 feet; thence run N89°IS*IS"E for 643.44
feet; thence run so0'2K'ot-E for I 03.93 feet; thence S89°07'52"W for 646.66 feet to the 4
East line of said Section 4; thence nm S00°40' 12"E, along said East line, for 1405.88 feet to
the Point Of Beginning, and containing 557.00 acres, more or less.
Prepared "~McAnly, P.L.S.
~. ~-~
Registration Number 1543
Date:
FLORIDA
COLLIER COUNTY
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. 96-57
Which was adopted by the Board of County Commissioners on the 24th day
of September, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 25th day of Septembe]:,
1996.
DWIGHT E. BROC
Clerk of Courts ah~
Ex-officio to Boar~'.~!~"~,~C~"'i';~3~.:..~
county
puty Clerk .... ':1~ '.~' ',