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Ordinance 95-67 ,e'/ :' ~ ': ,- · ~£ CO~LZl~ COUNTY AIRPORT A~T~O~ZlY ORDZNI~NCEI PROVIDING TITLE AND CITATIONI PROVIDING FINDII~GS }a~D PURPOSE~ DEFINITIONS~ PROVIDING FOR ~& CONTINUATION OF AUT~ORITY~ RIRPORT BOUNDARIES~' PROVIDING FOR GOVE3~NING BODY, MFatBERSHIP, .-.~ APPOINTMENT ~ TERXS OF OFFICE~ PROVIDING FO~ COMPENSATION OF XEHBENS~ PROVIDING POWERS, FUNCTI0~S AND DUTIESl PROVIDING FOR ~aFa{UAL BUDGET AND ANN~AL REFORT~ PROVIDING FOR ANADMINISTRATIVE CODEl PROV~/DING FOR EXECUTIVE DIRECTOR~ PROVIDING FOR NON-INTERFERENCE~ TRA/~SFER OF PROPERTY/~ND PERSONNEL~ PROVIDING FOR )LERGER AND DISSOLUTIONI PROVIDIN(~ FOR CONFLICT ARiD SEVERABILITYI REPEAL OF ORDINANCE N0~ 93-36~ PR0VIDIN~ FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES~ PR0VIDIN~ ~0RAN EFFECTIVE DATZ~ NOW, THEREFORE~ BE IT ORDAZNED BY THE ~OARD OF COUNTY COMa4IBSIONERS OF COLLIER COUNTY~ FLORZDA~ thats SECTION ONE. TITLE AND CITATION. This Ordinance shall be known and may be cited as the "Collier County Airport Authority Ordinance." BECTION TWO. FINDINGS AND PURPOSE. It is hereby ascertained and declared that= A. Pursuant to ~ect~oR SS2.0S{1), Florida Statutes, and this Ordinance, the Collier County A~rport Authority is responsible for the operation of three airports: The Immokalee Regional Airport In Immokalee; the ~arco Island Executive Airport, located northeast of Marco Island; and the Everglades City Airpark, located in the City of Everglades. B. The three county airports are valuable assets that bear upon a viable and diversified economy for the Collier County Community. C. The Board of County Commissioners of Collier County desires to provide for enhanced development and eventual operation of the airports as enterprise operations. D. Chapter 332, Sect~ons 332.001 through 332.12, Florida S~atutes, {"Airport Law of 1945") authorizes Collier County to acquire, establish, construct, enlarge, tmprove~ maintain, equip, operate, and regulate county airports and other air navigation facilities, and provides that the exercise of any other power specified therein granted to counties are public, governmental -1- functions exercised'for a publid purpose and are matters of public necessity. il E- Section 332.0S(1}, Florida Statutes, authorizes Collier County to vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation of airports, restricted landing areas, and other air navigation facilities, in an officer, board, or body of the County by ordinance which shall prescribe the powers and duties of such officer, board or body. F. The three Collier County owned airports require attention, including short and long range planning, to encourage and foster the development of infrastructure and facilities to be operated for the benefit of citizens and taxpayers of the County. G. The three airports should be developed to promote the welfare of all current and future residents of the County. H. It is the intent of the Board of County Commissioners to maintain a Collier County Airport Authority in Collier County with the powers and responsibilities as provided in Section 332.0S, Florida Statutes, and pursuant to the governmental powers granted to counties in Chapter 125, Florida Statutes. I. This Airport Authority is consistent wit31 and furthers the County's Comprehensive Plan and provides a focused approach to the provision, development and management of public infrastructure and services at the three Collier County airports, and is one available means for delivery of such facilities and services at the three airports. J. The provisions of this ordinance shall be liberally constructed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. This ordinance shall be construed to be consistent with Chapter 189, Florida Statutes (the "Uniform Special District Accountability Act of 1989"), and Chapter 332, Florida Statutes, (the "Florida Airport Act of 1945"); with Chapter 286, Florida Statutes, (Florida's Government in the Sunshine Law); and with Chapter 119, Florida Statutes, (Plorlda's Public Records Law), as those Statutes may be amended from time-to-time. II K. Nothing in this ordinance shall be construed to affect any actions previously taken by Collier County and/or the Collier county Airport Authority, or any agreements previously entered into by Collier County and/or the Airport Authority. L. It is the intent of this Ordinance to grant to the Airport Authority more freedom and autonomy to carry on its day-to-day activities with minimal management from the Board and from the Clerk to the Board, and w~th intent to eventually have the Authority become independent by passage of a special act of the Florida ~,egislature. SECTION TRREE. DEFINITIONS. As used in this Ordinance the following words and terms shall have the follo~ing meanings unless the context clearly requires otherwiser A. "Airports" means the real property and all improvements owned or leased by Collier County (as tenant) and/or the Co11£er County Airport Authority (as sub-lessor and/or tenant) for airport activities in Immokalee, Everglades City, and Marco Island, including the properties and improvements designated for industrial development at the Immokalee Airport, and such other property and improvements that may be subsequently acquired by Collier County and/or the Airport Authority by lease, purchase, gift or by any other means. B. "Airport facilities" means airport facilities of all kinds including, but not limited to, landing fields, hangars, shops, restaurants and catering facilities, terminals, buildings, airport industrial parks, parking facilities, and all other facilities necessary and desirable for the landing, taking off, operating, servicing, repairing and parking of aircraft; also the handling of mail, express and freight, and the accommodation, convenience and comfort of passengers, together with related transportation facilities, industrial development, all necessary appurtenances, machinery and equipment and all lands, properties, -3- rights, easements aHd franchises relating thereto and deemed necessary or convenient by the Authority in connection therevith. C. "Authority" means the Collier County Airport Authority, created by Ordinance No. 93-36 and continued by this Ordinance. D. "Board" means the Board of County Commissioners of Collier County, Florida. E. "County" means Collier County, Florida. F. "Improvements" means such replacements, repairs, extensions, additions, enlargements, and betterments of or to any airport or airport facility as deemed appropriate to keep the airport and airport facilities in suitable condition for the safe, efficient and economic operation thereof. G. "Member(s)" means one or more of the persons who comprise the governing body of the Airport Authority. SECTION FOUR. COFTINUANCE OF AUTHORITY; AIRPORT BOUNDARIEBo A. The Board, on June 22, 1993, by enactment of Collier County Ordinance No. 93-36, created a seven (7) member body designated as the Collier County Airport Authority. B. The Authority is a "Political Subdivision" of Collier County as defined in Section 333.01(9), Florida Statutes. The Authority is also a "Political Subdivision" of Collier County as used in Section 196.199, Florida Statutes, regarding ad valorem taxation. C. The Authority is not a "department" under Collier County Ordinance No. 84-44, as amended. Neither the Authority, the Authority's Executive Director, nor other employees of the Authority are under management of the County Administrator. D. The Authority shall take no action that is inconsistent with applicable general law, any applicable special act, any applicable comprehensive land use plan, any applicable land development Ordinance, or any other applicable ordinance, rule or regulation adopted by the Board pursuant to Chapter 332 or 333, Florida Statutes, or any applicable regulation of any governmental entity that has authority to adopt regulations that -4- are superior to the"Authority with respect to the specific issue. E. The legal description and a map of each of these three airports are attached hereto and are a part hereof as Exhibits A, B, and C. SECTION FIVE. GOrERIlING BODY7 ~F.~LB~IISHIP, APPOINTMENT A~D TE1L~S OF OFFICE, A. The governing body of the Authority shall be composed of seven (7) members appointed by the Board. After the effective date of this Ordinance, all members shall be appointed to serve four (4) year terms. Each member shall be limited to serving no more than two (2} full terms except where a current member's initial appointment was for a term of Zess than four (4) years. This two full term limitation shall not be waived, and in the event this provision conflicts with any other Collier County rule, regulation or ordinance, this terla limitation shall prevail. Upon the expiration of a member's term of office, such member shall maintain his or her appointment until the member is either reappointed or a successor for that seat is appointed by the Board and accepted by the applicant. B. Members of the Authority may be removed with or without cause by a majority vote of the membership of the Board. Vacancies on the Authority shall be filled An the same manner as the original appointment. C. Members of the Authority shall be residents of Collier County and must have business ability and experience in one or more fields which, by way of example, may include but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation, or related fields. There shall be at least one (1) member of the Authority appointed from Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the state, county or municipal level shall be appointed to, or be a member of, the Authority. -5- D. Effective ~s of the beginning of each fiscal year (October 1} the authority shall from its members elect a ~airman, Vice Chairman, and Secretary. The Secretary shall maintain the custody and control of the Authority's records. The Authority may delegate the duties of Secretary to the Executive Director of the Authority or designee. E. The County's Purchasing Policy and the County's Personnel Rules and Regulations will apply to the Authority except as provided otherwise in the Authority's Administrative Code, as amended from time-to-time. F. The Clerk to the Board shall, to the extent required by law, serve as Clerk to the Authority. T~e Authority, at its discretion, may utilize the services of the Clerk over and above the services the Clerk must perform for the Authority as a matter of law. The Authority shall annually budget and reimburse the Clerk as appropriate for the cost of all services and materials supplied by the Clerk to the Authority. The Authority shall organize its own financial records to facilitate its day-to-day operations and provide financial records in such form and in such manner as required by Chapter 218, Florida Statutes, and additional requirements, if any, specified in the Authority's Administrative Code. To the extent allowed by law, the Authority may, through its Administrative Code, remove itself from fiscal and other review and approval by the Clerk to the Board. G. Other Departments of the County, including the Office of the County Administrator, may assist the Authority as requested by the Authority. The Authority shall reimburse each respective Department for the cost of services and materials supplied by that Department to the Authority. SECTION SIX. COMPENSATION OF A. The members of the Authority shall receive no compensation but each shall be reimbursed expenses in accordance with the provisions of general law, and in conformity with the Authority's budget as approved by the Board. -6- BZCTIOX BZVDo '°POW~St FUNCTIONS AND DUTIIS, A. T~e Authority shall be responsible for the construction, .~.mprovement, equipment, development, regulation, operation and maintenance of the the airports and all related airport facilities. The day-to-day activities of the Authority, of the EXecutiVe Director, and of Authority's other employees shall not require prior approval from the Board or the County Administrator. B. The Authority shall have no power to levy or collect ad valorem taxes unless provided other~ise in a special act of the Florida Legislature. C. The Authority has the following powers and duties: 1. Subject to and consistent with the Authority's budget, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. 2. The Authority may adopt resolutions, rules and regulations that are necessary to conduct the business of the Authority. 3. To accept gifts; to apply for and use grants or loans of money or other property from the United States, the State of Florida, any unit of local government, or any person for any lawful purpose; to hold, use, sell and dispose of such monies or property for any Authority purpose in accordance with the terms of the gift, grant, loan or agreement relating thereto; and to enter into interlocal agreements as convenient to accomplish its goals. 4. To maintain an office within the County at such place or places the Authority designates. 5. Subject to prior approval of the Board: to borrow money and issue revenue bonds or anticipation certificates, warrants, notes, or other evidence of indebtedness; to designate an agent of record; to eel1 or mortgage real or personal property. 6. To adopt by resolution a schedule of rates, fees -7- and other charges f~r the use of the services, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility which may be connected with or provided service, use or availability of any airport facility. The initial schedule of such rates, fees and other charges shall be those in effect at the three airports as of the effective date of this Ordinance. The Authority may from time-to-time revise the schedule of rates, fees and other charges. Such rates, fees, and other charges shall be adopted and revised so as to provide funds, which, with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the airports and airport facilities {including reimbursements to the County), to provide a margin of safety over and above the total amount of such payments, and to comply with covenants to bondholders. Also to provide, if applicable, reserves for the principal and interest on revenue bonds as the same may become due. The Authority shall charge and collect such rates, fees, and other charges so adopted and revised. 7. To sub-lease as sub-lessor, and to lease as lessee, to or from any person, firm, corporation, association, or body, public or private, any airport facility or airport property of any nature for the use of the Authority to carry out any purpose of the Authority. To grant easements and use agreements at each airport, provided the term of each such grant shall not exceed the then effective term of the lease of the airport from the Board to the Authority. No sub-lease where the Authority is the sub-lessor, and no grant of any such easement or use agreement, shall be subject to approval of the Board or the County Administrator. No lease to the Authority as tenant shall be subject to approval of the County Administrator, or from the Board except by means of the budgetary approval process. 8. To acquire by purchase, lease, gift, dedication, devise, or otherwise, real and personal property or any estate -8- therein for any lawful purpose of the Authority; also to trade, sell or otherwise dispose of surplus real or surplus personal pFoperty in accordance with general law. The Authority may purchase equipment by an installment sales contract if budgeted and funds are available to pay the current year's installment and to pay the amounts due that year on all other installments and indebtedness. The Authority shall have no power of eminent domain except (a) in the name of the County pursuant to Chapter 74, Florida Statutes, as authorized by the Board, or (b) except as authorized by special act of the Legislature. 9- To hold, control and acquire by donation or purchase any public easements, dedication to public use, platted reservation for public purposes, or reservation for any lawful purpose of the Authority, and to use such easement, dedication, or reservation for any lawful purpose of the Authority. 10. To hire employees, including the Executive Director, who shall be employees of the County and shall be subject to the County's Human Resources Policies and Procedures except to the extent, if any, specifically provided otherwise in the Authority's Administrative Code. 11. To contract for professional services including, but not limited to, planning, engineering, legal, and/or other professional services. No person engaged to provide such services shall be an employee of either the Authority or the County. 12. At the Authority's discretion, the County Attorney's Office will serve as the Authority's attorney. The Authority may retain individual attorneys at law and/or law fin(s) to serve as the Authority's attorney for some or all of the Authority's legal services. 13. To exercise all power and authority that is convenient and appropriate to accomplish any duty, responsibility, goal, plan, or purpose of the Authority as provided for in this ordinance. -9- D. The Authority shall have a lien upon all aircraft landing upon any airport operated by the Authority for all c,harges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft, when payment of such charges and fees is not made immediately upon demand therefor to the operator or owner of the aircraft by a duly authorized employee of the Authority. The lien for the full amount of the charges and fees due to the Authority attaches to any aircraft owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen's liens in Florida. It is unlawful for any person to remove or attempt to remove any such aircraft from such airport after notice of the lien has been served upon the owner or operator thereof or after posting of such written notico upon such aircraft. Any person who removes or attempts to remove any such aircraft from the a~rport after service or posting of the notice of the lien as herein provided, and before payment of the amount due to the Authority for fees or charges incurred by such aircraft, shall be guilty of a criminal offense and misdemeanor within the meaning of 5775.08, Florida Statutes, and shall be punished as provided by law. SECTION EIGHT. AIqN~AL BUDGET AND ANNUAL REPORT. A. For each fiscal year the Authority shall prepare a tentative annual budget including revenues and expenses for the operation of the three airports during the ensuing fiscal year. ThQ budget shall be transmitted to the County Administrator for Board review and adoption on or before Hay 1, or otherwise in accordance with the County's general budget policy or general law, whichever date is earliest. Each proposed budget shall include an estimate of all planned and contingent expenditures of the Authority for the ensuing fiscal year, plus an estimate of all income to the Authority from all sources for that fiscal year. The Board shall consider the proposed budget item by item and may either approve the budget as proposed by the Authority, -10- or modify the same 'fn part or in whole. The budget of the Authority shall be adopted in the same manner provided, and the times established by law for the adoption of the budget by the County. The Authority shall be responsible for the implementation of the budget as approved by the Board. The annual budget proposed by the Authority and approved by the Board should continuously implement the Authority's five year master plan. B. By March 15th of each year, the Authority shall submit to the Board an annual report on its activities and operations for the preceding fiscal year, including an independent financial audit. SECTION NINE, ADMINISTRATIVE CODE. A. The Authority shall adopt an Administrative Code that prescribes details regarding the powers, duties, and functions of the officers of the Authority; the conduct of the business of the Authority; the maintenance of records and the form of other documents and records of the Authority. The Administrative Code and amendments thereto are not subject to approval of the Board or of the County Administrator. B. The Administrative Code shall organize the administration of the Authority and shall detail the duties, responsibilities, policies, rules and regulations of the Authority as delegated to the Authority by this Ordinance, by other ordinances, by rules or regulations of the Board, or by special act of the Legislature. SECTION TEN. EXECUTIVE DIRECTOR. A. The Authority shall have an Executive Director to serve as the Authority's chief operating officer. The Executive Director shall be hired by an affirmative vote of the membership of the Authority. Subject to the provisions of an Employment Agreement of the Executive Director, the Executive Director may be terminated, with or without cause, by an affirmative vote of the membership of the Authority. -11- B. The Executk~e Director shall work under the direction of the Authority. l~ C. The Executive Director shall be the chief operating officer of the Authority. All executive and administrative responsibilities and powers specified heroin shall be assigned te and vested in the Executive Director. D. The Executive Director shall: 1. Be responsible for the administration, management and operation of the airports and airport facilities. 2. Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub-leases, leases, contracts, and all other documents which require consideration, action, or approval of the Authority or of the Board. 3. Implement all lawful directSyes of the Authority. 4. Prepare the annual budget and the annual report for approval of the Authority and the Board. 5. Recommend employment of, direct, supervise, and recommend personnel actions regarding Authority employees in accordance with the County's Human Resources Policies and Procedures, except to the extent those Policies and Procedures do not apply to the Authority as exempted by the Authority's Administrative Code. The Executive Director shall also direct and supervise professional service providers engaged by the Authority. 6. Carry out such other powers and duties as may lawfully be assigned by the Authority. E. The Executive Director shall be qualified by executive and administrative experience. Minimum qualifications for the Executive Director are to be specified in the Administrative Code. The compensation of the Executive Director as specified in the applicable employment Agreement shall be set by the Authority in accordance with the budget approved by the Board, and in cccordance with the County's Human Resources Policies and Procedures, except'{o the extent those Policies and Procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. SECTION ELEVZN. NON-INTERFERENCE. A. Members of the Authority may communicate with employees, officers, agents under the direct or indirect supervision of the Executive Director, including professional services providere, for the purpose of inquiry or information. Except for purpose of inquiry or information, no member of the Authority shall give directions to or interfere with any employee, officer, agent, or with any professional services prorider under any direct or indirect supervision of the Executive Director. SECTION TWELVE. TRANSFER OF PROPERTY AND PERSONNEL. A. The County has leased to the Authority for the consideration of ten dollars ($10.00) all three Collier County airports and all real property improvements thereon owned by the County. Subject to passage of a special act of the Legislature authorizing same, the Board may convey the fee title to each of the three airports to the Authority. Each such conveyance shall be subject to existing applicable airport use and reversionsTy clauses in the chain of title, and be subject to paragraph (C) of SECTION THIRTEEN, below. B. The County has conveyed to the Authority all personal property related to the three airports, including all personal property airport systems, equipment, and materials then under the management, direction or control of the Board. C. Any County employees transferred to the Authority shall remain County employees and be subject to the County's Human Resources Policies and Procedures, except to the extent those Policies and Procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. SECTION THIRTEEN. MERGER; DISSOLUTION. A. There shall be no merger involving the Authority and any other unit of government without prior approval of the Board. -13- S. The chart&~ of the Authority may be revoked and the Authority unilaterally dissolved by an Ordinance adopted by the Board. Such action by the Board dissolving the Authority shall occur subject to (a) the legal rights of bondholders, the Executive Director, and all employees of the Authority, and (b} a dissolution plan adopted by the Board. C. Dissolution of the Authority shall automatically transfer to the County all right, title and interests to all real and personal property deeded, leased, assigned to or otherwise conveyed by every means whatsoever to the Authority along with all other property and interests in property otherwise acquired by the Authority. Dissolution shall be subject to all contracts, other obligations and indebtedness of the Authority. SECTION FOURTEEN. CONFLICT AND SEVERAbILITY. In the event that this Ordinance conflicts with any other ordinance of the County, the more restrictive ordinance shall apply except as specifically provided for herein, or as specifically provided for in the Authority's Administrative Code with regard to the County's Purchasing Policy and/or the County's Human Resources Policies and Procedures. If any section, phrase, sentence or portion of this Ordinance is for any reason 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 portions thereof. SECTION FIFTEEN. REPEAL OF ORDINanCE NO. 93-36. This Ordinance supersedes and repeals Collier County Ordinance No. 93-36 in its entirety. SECTION SIXTEEN. INCLUSION IN THX 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 fenumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. -14- SECTION SEVENTeeN. EFFECTIVE DAT~. This Ordinance ~hall be effective upon filing with the Department of State. Passed and duly adopted by the Doard of County Coutss~oners of Collier County, Florida, this /~ day of November, 1995. .. . .: ';'... ~ .. ' 7';, ""..."" Thbmas C. Palter Assistan= County Attorney Thts ordkKra flied with the %e~re~,ry of State' Office the fill rKel'~J %~ s ~ £Xt.o,; Page t of 2 · " L, ega~ DesccLp~Son ~h&t certain pacce~ o[ ~and 11, Jng and being pact or Sectson IAd 35, ~ovnship 5~ South, Range 26 East, Co..~I~es Cou.~.:7, rXori~a, beLn9 mice p&c~cuXac3y descfLbed =s Commence ' ~t the Northeast either o~ ll/d Sectton 26: thence run NS8'44'0~'~ a~onq the North ~ne ~heceo~, a deltanee o~ ~e.~: thence ~e~vtn9 ss~6 Hotth Section ~Jne t~n S~2'00'00'~ ~50.00 ~eet; thence S~2*OOe00'~ I ~tstlnee oJ t0.O0 ~ee:; S4&eO~'XO"E.l d~s~nce o~ 24~.20 ~eet~ thence S~2*00'00'~ d~s~/nc. o~ S250.00 ~eet~ ~hehc. S4~*~t'~6"~ I distance leett thence Sale00 00'ff I dLit&nee o~ 300.00 teezl thence H~2*00'00'~: d~stknoe of 2S0.00 feet~ thence I~loOO'0O*'~ leet~ thenee ~Sl'~SS"t a dLstanee ol ~11,41 [eet; ~nenee H~2'00'00'~ a allstance It 3Sl0.00 [eet~ ~henee Itl'00'0C'~ ~ee:~ thence H~eSI'5t*~ a d$lten~e of 3~0,00 feet~ thence 'H~2*00~00'~ I ,riLltrance o~ 220,00 '~tetl thence ~1'00'05"~ distance ot ~50,00 co 'the Po~nc o~ legJn~Lng, !;xllZlz~ 'A' gAGE Z Ot 2 [XH ... ,,A, Page 2 oF 2 : t PROPERTY DESCR|PTION tN~NINClWO At TAt XIATNVtlf iORWIR Or lIETIeR If f0Y~l~lP S~ IOVtN# RANel It CAlf# CO~lfl gevnfT# fittit°# IVN T~INCI I tilt°RE& If i,SlO,II tier fl fNf P01Rf tt ltllXSiNl If fnl &ANti Of Stall ROVTG li&l T~IRCG Tat retCovlnt COVIlll A~l PillaRtill A V T tlWG ~F STAff ROVTt ItS fOA t f, W 17e S3; gO" V~ 3f2,A3 flIT TO A POint/ 3, K 19e 1~; 11" I, &lg,J~ flIT fe A POInt/ i,N I* 2~e l~e t~ f,lOl,i& flit ALOne Ynl WllTIRkV tINt Of AIRPORT neap fo A feint/ n if lot O~e V~ ~ff,l~ flIT fOA POINTI A, W IRe 3l' i5* V# lJG,3O flIT re A POlnTI 1, a I1s IJf Ol" (, IOl,Ol tliT ALQNI IRE llAIOAll CO°IT tIRE IAlLlOA° fe A C0NCRIfE RONVRERT/ I, W 11* lie &ON t, O,OlfeiJ tilt °teN0 fNI lairliLt LIng I I I IAILIIAI tO a ClOtJIll RINVRIRff 9, I It* 48* Jl° l~ 1;036,03 tell tO A C0NEIEft 10, I l/e O&e &&* t~ S~3lO,~l tiff ]O A C01CIIff ~t, I IS* &to &&" If J,Jt&s~l fill re J C0RCllfi gemINI°If It, I Ie &le iS' V# ¶#3SO,If tGff TO A E/REfill R/RVNERfl 13, I Ze &it 0f® V~ G~G&T,II fIEf fe.~ Felnff 1l, a i&· ~le SOm v~ l~3Z!,Jl tilt fo A POIWTI If, R It* lie 0)' v# I~IIZ,3O fill fO I PIIRTt . lie I 3' 3?* flm If titeft tGIt tO & POllTf 11, W If* 41e 31° tr liONS& flit fl A PetIT/ 18, I 3* IS* 13",v# ItJ3&,&? flit TO A POInt/ ¶9, $ lie 03t 00* V# 1~311,5~ flit f~.A POINfl IO, I 30 31e I&* Yt &tO,Jl flit ft'~ POINt/ al, I Z* 110 02e V/t;33f,t4 tiff Yea POINT/ ~Z, RIIe IRe ATe ff l&&,jl fill fl A PetIll 23e J Ie 14e It® l# 1~33~,~j till re 4 PIIItf EXHIBIT B PAGE 2 OF 2 FAC~ ~ o~ 2 D~ D~SCRZFT~O~S FOH ~V[~CI.AD~S AIRF~T AIRPORT A portion or tracts J,'P,~, nnd Q, Town oC ~verglades recorded tn PZ~t ~ook 1, at Pries 92, 93, end 9~, Jn the Public Records oE Collier County, Florida more particuinrXy described as A p~rcol o~ land lying southvemLerly oC a l~ne 250~00 ~oet northeasterly and parallel oC the center 11no o~ the Evergladea Airport runway and tim extorts|on ~rom ChokelesSee ~ay to ~arron R~ver, to Chokolomkee ]~ay on the mouthwest, la~d center line des.cr~bed am Cellowar Cementing at the N.~. corner o~ the N.Y. ~ oC the $ecL~O. 23, ~ownsh~p 53 SouLhm Range 29 bestm Ta13~hammee Her~d~an Y~ o~ ~vergladem (n~ C~Ly) Collier ~ence S 89e )9m 20" ~ along notch line o~ the el sa~d Section 23, 93A.~1 ~e~t to a point nn the sa~d center l~ne o~ ~nvay). thence S ~' 27' 02" ~ along =aid center l~ne 11~.1~-~ee= to an ~ron p~pe Nrklng the shoreline o~ Chokoloskee. Bay and be~nZ ";he Point of O~g~nn~ng" Lhence N 30e 27' 02" ~ along ~a~d center l~ne and ~ts extensions 2658.31 ~eet ~ron pipe ~rk~ng the =horel~re o~ ~tcon X~ver,.end o~ center line descr~pt~on~ except the east 105 ~ee= more or less oE the ' maid N.W. ~ o~ the N.W. ~ oE said Sac=Joe 23. ~ntaining 27.30 acres mote or Zes=. PARKZNC ~T Comgnctng at the N.E. corner oE she N.~. ~ oE the N.~. oC Section 23, T~nshl~ J3 South, Range 29 ~s~, Heridinn, EvergXndel CXty, CnXXter County, rlo~n t~ence 89* ~9' 20" ~/sXon; north ~Jne oC th~ N.~. ~ oC ~.~. said Section 23~ 91~.~X Ceet LOn polnL on the con~er XXne oC [vetgZades Airport tu~nyl thence S 30° 27r*O2 said center line of tu~ny X2,50 reel to a po~nLl thence N 5~0 32' 58' ~ 2}0.0~ teat to a point on the northeasterly boundary Xlne oC Airport ptopetey being '~e Polar thence contlnutn~ N 59° 32' 56"; 200 reel to a point; thence S 300 27' 02' E A00 feet Loo potntl thence S 590 200 reel to a point; on ~he aCutesaid northeasterXy boundary ~lno: thence N 30* 27' 02" ~ ~XonC s:~ld northeasterly bountlary Z~ne ~00 ~eet to the ~oint oC Bo;JnnJn~ ~ontoin~n more o~ Xes$. COUNTY OF 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. 95-67 Which was adopted by the Board of County Commissioners on the 14=h day of November, 1995, during Regular Session. WITNESS my hand and the official seal of the Board of County Comissioners of Collier County, Florida, this 20th day of November, 1995. DWIGHT E. BROCK Clerk of Courts and-"61&rk Ex-officio to Board of Count~ Commissioners · ey Deputy Clerk.