Sec. 122-1981. - Findings.

The Board of County Commissioners makes the following findings:

(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.

(Ord. No. 96-57, § 1, 9-24-96)

Sec. 122-1982. - Grant of petition establishing district.

The board hereby grants the petition for the establishment of the district pursuant to F.S. § 190.005(2).

(Ord. No. 96-57, § 2, 9-24-96)

Sec. 122-1983. - External boundaries of the district.

The land area to be served by the community development district is 557 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 is more particularly described as follows:

Begin at the northwest corner of Section 10, Township 50 South, Range 26 East and run N88°57′16″E along the north line of said Section 10 for 5,008.28 feet to the west right-of-way line of County Road 951; thence run S00°51′35″W, along said right-of-way, for 1,377.19 feet; thence run S88°37′27″W for 4,971.94 feet to the west line of said Section 10; thence run S00°40′13″E, along said west line, for 3,513.15 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 1,307.36 feet; thence run N00°43′07″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 4,856.27 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 24.89 feet to the south right-of-way line of State Road 84; thence run along said right-of-way and a curve concave northwesterly for 2,246.00 feet, said curve having a radius of 2,939.79 feet, an included angle of 43°46′26″, a chord of 2,191.77 feet and a chord bearing of N52°11′04″E to a point of tangency; thence continue along said right-of-way, N30°17′51″E for 1,721.35 feet; thence run N89°18′18″E for 643.44 feet; thence run S00°28′01″E for 1,403.93 feet; thence S90°07′52″W for 646.66 feet to the east line of said Section 4; thence run S00°40′12″E, along said east line, for 1,405.88 feet to the point of beginning, and containing 557.00 acres, more or less.

(Ord. No. 96-57, § 3, 9-24-96)

Sec. 122-1984. - District name.

The name of the proposed district is the Naples Heritage Community Development District.

(Ord. No. 96-57, § 4, 9-24-96)

Sec. 122-1985. - Board of supervisors members.

The board designates five persons to serve as the initial members of the board of supervisors.

(Ord. No. 96-57, § 5, 9-24-96)

Sec. 122-1986. - Statutory provisions governing district.

The Naples Heritage Community Development District is governed by the provisions of F.S. ch. 190.

Additionally, the Board of County Commissioners of Collier County, Florida, hereby consents to the Board of Supervisors of the Naples Heritage Community Development District exercising the following special powers in accordance with F.S. § 190.012(2), to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for:

(1)

Parks and facilities for indoor and outdoor recreational, cultural and educational uses.

(2)

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 wit the appropriate local general purpose government agencies for an increased level of such services within the district boundaries.

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.

(Ord. No. 96-71, § 1, 11-12-96)

Secs. 122-1987—122-2000. - Reserved.