HomeMy WebLinkAboutOrdinance - City Council - Regular - 3319 - 3/6/2006ORDINANCE NO. 3319
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FORT MYERS, FLORIDA, ESTABLISHING THE
WATERFORD LANDING COMMUNITY DEVELOPMENT
DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF
THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE
BOARD OF SUPERVISORS; NAMING THE DISTRICT;
CONFIRMING THE DISTRICT CHARTER SET FORTH IN
SECTIONS 190.006 THROUGH 190.041, FLORIDA
STATUTES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS: Straley Robin & Williams has petitioned the City
Council, City of Fort Myers, to establish the Waterford Landing Community
Development District; and,
WHEREAS: The City Council, after proper published notice,
conducted a local public information -gathering hearing as required by law
and finds as follows:
1. The petition is complete in that it meets the requirements of
Section 190.005(1)(a), Florida Statutes, and all statements
contained within the petition are true and correct.
2. The City staff and City Attorney have reviewed and approved
the petition for establishment of the proposed district.
3. Establishment by ordinance of the proposed district, created
by general law and whose charter is Sections 190.006
through 190.041, Florida Statutes, is not inconsistent with the
City of Fort Myers Comprehensive Plan and is not inconsistent
with the State Comprehensive Plan.
4. 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.
S. The district is the best alternative available for delivering
community development services and facilities to the area that
ORDINANCE NO. 3319
will be serviced by the district.
6. The community development systems, facilities and services of
the district will not be incompatible with the capacity and uses
of existing local and regional community development services
and facilities.
7. The area that will be served by the district is amenable to
separate special district government.
8. The proposed district, once established, may petition the City
Council for consent to exercise one or more of the powers
granted by charter in Section 190.012 (2), Florida Statutes,
the exercise of which has been reviewed and assessed as of the
affective date of this ordinance. Nothing herein constitutes
consent by the City of the exercise by the district of any one of
the special powers set forth in Section 190.012(2), Florida
Statutes.
9. That upon the effective date of this ordinance, the proposed
Waterford Landing Community Development District shall be
duly and legally established and created, authorized to exist
and to exercise all of its general and special powers limited by
its general law charter; and that consent by the City of Fort
Myers in any future ordinance to any special power in
Section 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 powers under law.
10. All notice requirements of law were met and complete notice
was timely given.
BE ENACTED BY THE CITY COUNCIL OF CITY OF FORT MYERS,
FLORIDA, that:
SECTION 1: DISTRICT NAME. The community development district
herein established shall henceforth be known as Waterford Landing
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ORDINANCE NO. 3319
Community Development District.
SECTION 2: AUTHORITY FOR ORDINANCE. This ordinance is
adopted pursuant to Section 190.005, Florida Statutes, and other applicable
provisions of law governing city ordinances.
SECTION 3: ESTABLISHMENT OF WATERFORD LANDING
COMMUNITY DEVELOPMENT DISTRICT. Waterford Landing Community
Development District, created by law, is hereby established within the
boundaries of the real property described in Exhibit A attached hereto and
incorporated by referenced.
SECTION 4: DESIGNATION OF INITIAL BOARD MEMBERS. The
following five (5) persons are herewith designated to be the initial members
of the Board of Supervisors:
a. Jan Ickovic
3300 University Drive, Suite 100
Coral Springs, Florida 33605
b. Mark Schneiderman
9400 Gladiolus Drive
Fort Myers, Florida 33908
C. Joseph Crank
9400 Gladiolus Drive
Fort Myers, Florida 33908
d. Linda Sloman
9400 Gladiolus Drive
Fort Myers, Florida 33908
e. Mary Anne Crowell
9400 Gladiolus Drive
Fort Myers, Florida 33908
SECTION 5: STATUTORY PROVISIONS CONSTITUTING
WATERFORD LANDING
DISTRICT
CHARTER.
Waterford Landing
Community Development
District is
a single and
special purpose local
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ORDINANCE NO. 3319
government whose charter is in the general law, Sections 190.006
through 190.041, Florida Statutes.
SECTION 6: CONFLICT AND SEVERABILITY. In the event this
ordinance conflicts with any other ordinance of the City of Fort Myers or
other applicable law, the more restrictive shall apply as long as not
inconsistent with or prohibited by Section 190, Florida Statutes. If any
phase 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 T: EFFECTIVE DATE. This ordinance shall become
effective immediately upon adoption.
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ORDINANCE NO. 3319
PASSED IN PUBLIC SESSION of the City Council of the City of Fort
Myers, Florida, this 6th day of March, A.D., 2006.
p.m.
2006.
Aye
Ave
Aye
' Veronica S. Shoemaker
Randall P. Henderson, J .
Council Members
APPROVED this 6th day of March, A.D., 2006, at 6:49 o'clock
FILED in the Office of the City Clerk this 6th day of March, A.D.,
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Marie Adams, CMC
City Clerk