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Ordinance 86-64ORDINANCE NO. 86-.64 ;/~ ORDINANCE ESTABLISHING THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT; DESCRIBING THE EXTEPdlAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE BOARD OF ~:UPERVISORS; NAMING THE DISTRICT; ~.PECIFYING CONSENT TO POWERS UNDER ~ECTION 190.012 (2) , FLORIDA STATUTES; PROVIDING THAT THE COUNTY MAY NOT AND ~HALL NOT EXPAND, MODIFY OR DELETE PRovisioN OF T.E DISTRICT C RTER · FORTH IN SECTIONS 90.00 - 390.041, FLORIDA STATUTES, OTHER THAN ~ S ABOVE REFERENCED IN SECTION ] 90.012 (2) , FLORIDA STATUTES; PRO- %IDING FOR CONFLICT AND SEVERABILITY; SND PROVIDING AN EFFECTIVE DATE. WHEREAS, ;ORT OF THE ISLANDS, INC., has petitioned the Board of County Co~m~issioners to establish the PORT OF THE ISLANDS COMMUNITY IMPRCVEMENT DISTRICT; and WHEREAS, '.he Board of County Commissioners, after proper published notice, conducted a local public information-gathering ordinance hearing as required by law and finds as follows~ 1.) The ~tition is c~lete in that it meets the require- ments of Section 190.005(1)(a), Florida Statutes; and all state- ments contained within the petition are true and correct; 2.) The :osts to the County and government agencies from establishment ¢~f the district are nominal. There is no adverse. impact on comp~.tition or employment from district establishment.~. The persons affected by establishment are the futuro landowners, present landowners, Collier County and its taxpayers, and the State of Florida. There is a net' economic benefit flowing to these persons ~rom district establishment as the entity to manage and finance the statutory services identified. The economic impact statement of the petitioner on district establishment is adequate. 3.) Establishment of ' the proposed district is not inconsistent with the local comprehensive plan of Collier County and is not iaconsistent with the State Comprehensive Plan, Chapter 85-57, Laws of Florida. 4.) That the area of land within the 9reposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated, community. 5.) That the district is the best alternative available for delivering community development services and facilities to the area that will be serviced by the district. 6.) That the community development services and facilities of the district will not be incompatible with the capacity and uses of existing local and regional community development ser%~ces and facilities. 7.} That the area that will be served by the district is amendable to s~parate special district government. 8.} That. upon the effective date of this ordinance, the proposed Port Df The Islands Community Improvement District shall be duly and 1.~gally authorized to exist and to exercise all of its general ~nd special powers as limited by lawl and that consent by Collier County in this or any future ordinance to any special power in Secti,~n 190.012(2), Florida Statutes, does not in any way revisit the question of establishment of the district and its authority and power to exercise its limited ~owers under law. 9.} All notice requirements of law were met and complete notice was timely given. NOW, THE;~FORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA= SECTION ONE: .~uthorit~ For Ordinance. This Ordinance is adopted pursuant to required notice and procedures and authority of Section 190.005(2}, Florida Statutes, and other applLcable provisions of law governing county ordinances. SECTION TWO= ~stablishment Of'The Port Of The Islands Community .£mprovement District. The Port Of The Islands Community Improvement District is hereby established within the boundaries of the real property described in ~xhibit 'A" attached hereto and incorporated by reference. SECTION ~""6REE= Designation Of Initial Board Members. The following five persons are herewith designated to be the initial membe::s of the board of supervisors~ William K. Clark E. Scott Hightower Charles F. Ray Thomas M. Taylor George L. Varnadoe SECTION FOUR: District Name. The community development district herein established shall henceforth be known as PORT OF THE ISLANDS COMMUNITY IMPROVF2~ENT DISTRICT. SECTION FIVEs Statutory Provisions Governing District. Port of the Islands Community Improvement District shall be governed by the provisicns of Chapter 190, Florida statutes, and Collier Count}' shall not adopt any ordinance which will expand, modify or delete any provisions of Chapter 190, Florida Statutes. SECTION SIX: S.pecial District Powers. Pursuant to Section 190.012(2), Florida Statutes, the Port of the Islands Community Improvement District shall have the special powers to plan, establish, acquire, construct or recon- struct, enlarge or extend, equip, operate, and maintain additional eye-:ems and facilities for~ (a) Park, and facilities for indoor and outdoor recrea- tional, cultural, and educational uses. (b) Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment. (c) Schocl buildings and related structures, which may be leased, sold, or donated to the school district, for use J.n the educational system when authorized by the district school board. (d) Secuzity, including,' but not limited to, guardhouses, fences and gates, electronic intrusion-detection systens, and patrol cars, when authorized by proper gover~.~mental agencies; except that the district may not exer=ise 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. (e) Control and elimination of mosquitoes and other arthropods of public health importance. SECTION SEVEN= Clarification of Regulator~ Jurisdiction of The Ochopee Fire Control District. It is recognized that the Port Of The Islands Community Improvement District is located within the boundary of the Ochopee Fire Control District and, further, that the Ochopee Fire Control Distr:.ct has regulatory jurisdiction for fire c~ntrol related matters within the boundary of the fire control district. Therefore, it is declared to be the intent of the Board of County Commissioners and of this Ordinance that the Port Of The Islands Community Improvement District shall exercise its special powers relating to fire prevention and control, including fire stations, water mains and plugs, fire trucks and other vehicles and equip- ment, subject to the regulatory Jurisdiction and applicable permitting authority of the Ochopee Fire Control District. Nothing herein shall be construed to exempt the Port Of The Islands Community Improvement District from the regulatory Juris- diction or permitting authority of any other applicable govern- mental bodies, agencies, or special districts having authority with respect t~ any area included therein. SECTION EIGHT: 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 NINE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed 4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ]~ day of ~+~m~ , 1986. David J//M6~fick Assistant Count~ Attorney BOARD OF COUNTY COM~4ISSIONERS OF COLLIER COUNTY, FLORIDA /JO~ A. PISTOR, Chairman filed wl~h STATE OF FLOR/DA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 86-64 which was adopted by the Board of County Commissioners during Regular Session on the 16th day of September, 1986. WITNESS my hand and the official seal of the Board of County Commissigners of Collier County, Florida, this 17th day of September, 1986. JAMES C..GIT~ES; ,~U~., Clerk: county ~~~' . ~:.;. . .,.)~ . ~ * BYvirgi~',~q~ P~ Clerk BOOK 5 EX/~IBIT The East one-half (1/2) of Section Four (4) and the East one-half of Section Nine in Township 52 South, Range 28 East, in Collier County, Florida, less and except that portion thereof constituting the right-of-way of U.S. Highway 41 (T~m~ami Trail) and LESS AND EXCEPT that certain canal right-of-way for the Fahka Union Outfall Canal which traverses the property in North and South direction.