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Ordinance 96-67 ORDINANCE NO. 96- 67 AN ORDINANCE AMENDING ORDINANCE NO, 93-39, AS AMENDED, RELATING TOT HE DOVE POINTE COMMITNITY DEVELOPMENT DISTRICT~ CHANGING THE NAME OF THE DIsTRIcT TO THE ERITAGE GRE S COMITY DEVELOPMENTDISTRICT BY AMENDINGTHE FOLLOWING SECTIONS: SECTION TWO - ESTABLIS~PT OF T~E DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT; SECTION FOUR - DISTRICT NAME; AND SECTION FIVE - STATUTORY PROVISIONS GOVERNING DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND BY PROVIDING AN EFFECTIVE DATE. ~EREAS, the Dove Pointe Community Development District was established on July 20, 1993, by Ordinance No. 93-39 which became effective on July 28, 1993; and ~EREAS, Ordinance No. 93-39 was amended by Ordinance No. 93- 70 which authorized the exercise of special powers which became effective on October 8, 1993; and WHEREAS, the Board of Supervisors of the Dove Pointe Community Development District has requested the Board of County Commissioners of Collier County to amend Ordinance No. 93-39, as amended, to change the name of the District to the Heritage Greens Community Development District to match the name of the Planned Unit Development zoning for the lands encompassed by the District's boundaries. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE. Ordinance No. 93-39, as amended, the Dove Pointe Community Development District Ordinance, Section Two is hereby amended to read as follows: SECTION TWO - ESTABLISHMENT OF THE DOVE ~nOINTE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT The Dcvc Pcintc HCr~taqe Greens Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. lof3 Words ~nderlined are added; words ctruck through are deleted. SECTION Ordinance No. 93-39, as amended, the Dove Pointe Community Development District Ordinance, Section Four is hereby amended to read as follows: SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the Dovc Pcin~c Heritaae Greens Community Development District. SECTIONTI~REE. Ordinance No. 93°39, as amended, the Dove Pointe Community Development District Ordinance, Section Five is hereby amended to read as follows: SECTION FIVE: STATWORY PROVISIONS GOVERNING DISTRICT The Devc Polntc Heritage Greens Community Development District shall be governed by the provisions of Chapter 190, Florida Statutes. Additionally, the Board of County Commissioner of Collier County, Florida, hereby consents to the Board of Supervisors of the Dcvc ?cintc Heritage Greens Community Development District exercising the following special powers in accordance with Section 190.012(2), Florida Statutes, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for: (a) Parks and facilities for indoor and outdoor recreational, cultural and educational uses. (b) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except 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. 2 of 3 words ~nderlined are added; words ~ are deleted. Consent to exercise the above powers by the Board of County Commissioners in no way implies that Collier County has any obligation or responsibility to ensure that these special powers are exercised by the District nor any liability in regards to the District's exercise of these special powers. 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 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. SECTION SIX. EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this , day of ~7//~, 1996. "' 4' "'% ATTEST: '..' DWIGHT E. BROCK~~ Cl'erk BOARD OF COUNTY COMMISSIONERS · ,' . .App~oVed a~ t~ fQ~m and eAssistant County Attorney 2"20095H 3of3 Words underlined are added; words ztrack thrcu~ are deleted. Metes and Bounds Legal Description A parcel of lend 1~dng in Section 28, Township 48 South, Range 26 East, Collier Count),, Florfda. said parcel of land being:more particularly descrlbe~l as follows: ........ · '~-_ .:.. Commencing at the northeast comer of said Section 28; thence South .. 03'05'19" East arong the easterl), ilne of the northeast quarter (HEll4) of said Section 28 .for a ~jlstance of |00.08 .feet Io an Intersection with southerly right-of-way line of Immo~alee Road (C.R. 848]: thence South 8~'~0' 0" Wes~ along sa~d southerly r;gh~-af-waY H~, for ~ distance 0 ~80.~3 fee~ ~o [he POINT OF BEGZNNING of [he here;n .~escribed parcei of Eand: ~ ihence Souih 03'04'0~" Eas~ .for ~ distance of I57~.35 feei: thence North B9'0~'31= Easi for a.d;sience of ~80.~7 feei ~o an fAiersecUon wE[h ihe sa~d easi.rEy I;ne of ihe nor[heasi quarter of Saciron ihence Sou~h 03'05'~" East a;ong sa~d easterly 1me for ~ d~s[ance of ~9B.38 fee~ .to ihe .sou[heas~ comer of ih, noriheas~ qua~ier [hence Sou[h 03'05'44" Eas~ along [he easterly Hne of [he sou[heas{ quatier (SEll4)'of said Sectfan 28 for'a disiance ef 2~7~.~2 sou~heas~ co~e~ of' said Sec~{on thenbe. Sou~h 8~1'00" West along [he southerly fine o} ih, sa~d sou[heas~ quarter (SEllS) of Section 2B for ~ distance of 2~42.~4 sou[hwes~ corner of [he sa1~ sou~h,as~ quarter (S~/4) of SectEon [heOce Horih 03'04'55" W~s~. along [h~ westerly line of [he ihe eas~ half (El/2) of said Sec~ion 2B for a dlsiance of 3342.~8 fee~ ~o comer of iKe ease hqlf (El/2)'af the norihease quarter (NE~/4) of southeast quarter (sEV~) of the northwest quarter (HWI/~]; . thence South Bg~O'17 West along [he souiherly line of said fredlion for a distance of 330. Ig fee[ to an Inletsaction withe the westerf~ fine of said [racllon; lhence North 03'0~'51" West along so~d ~eslerl? line for a' distance ~8.55 fee~ to an lntersecilon wfih (he nailhotly llne of said f~aciEon; : thence Hor(h 8g~0'1~". Eas[ along'said norih~rl~ Une for o dFsionce 330.~8 feet [o an'In[ersectlon wlih lhe said wasicily line lhe egs[ half ,.(EI/2) of Saclion .28; ' thenc~ Horih 03'0~'55" Wesl along sam wesierl~ line for o distance of 1237.0~ feet [o on Intersection wllh Ihe said soulhotly'line of Immokalee Road (C.R 8~); ' · thence Norih 8g~O'O0" Eas[ afon'g sold soulhiriy llne for a dis[once 'of : 661.0~ feet [o the POINT OF BEGI~HING; Containing 251.521 acres of !and, more or less. Subject [6 easements and restrlcllons of record. 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. 96-67 Which was adopted by the Board of County Commissioners on the 5th day of November, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of November, 1996. DWIGHT E. BROCK ,,."" : ~. .' '.'. Clerk of Courts and.."~lefk ?"",. Ex-officio to Board of." :. County Commissioners..' ,, = Deputy Clerk%. ', ~" ....... .