2 | The Committee on Local Government & Veterans' Affairs recommends |
3 | the following: |
4 |
|
5 | Committee Substitute |
6 | Remove the entire bill and insert: |
7 | A bill to be entitled |
8 | An act relating to the Ave Maria Stewardship Community |
9 | District, Collier County; providing a popular name; |
10 | creating the Ave Maria Stewardship Community District; |
11 | providing for findings, determinations, ascertainments, |
12 | intent, purpose, definitions, and policy; creating the |
13 | charter of the District; providing for authority and |
14 | jurisdiction; creating the District as a special, limited, |
15 | and single-purpose independent district, an independent |
16 | local government and corporate body politic, to provide |
17 | community development infrastructure to the Ave Maria |
18 | community development in that certain portion of the |
19 | unincorporated area of the Collier County political |
20 | subdivision within and subject to the Growth Management |
21 | Plan and the Rural Lands Stewardship Area Zoning Overlay |
22 | District in Eastern Collier County; prescribing and fixing |
23 | the boundaries of the District; providing for election of |
24 | a Board of Supervisors and terms of office and powers and |
25 | duties thereof; requiring certain financial reports; |
26 | providing for disclosure of public financing information; |
27 | authorizing and providing for the levy and collection of |
28 | taxes; authorizing special powers relating to water |
29 | management and control, roads and bridges, and other |
30 | public facilities; providing for the issuance of bonds and |
31 | short-term borrowing; providing procedures for competitive |
32 | procurement of goods, supplies, and materials; providing |
33 | for enforcement of provisions of the Act and providing |
34 | penalties for violation thereof; providing for the |
35 | applicability of provisions of chapter 189, Florida |
36 | Statutes, and other general laws; providing for |
37 | severability; providing an effective date. |
38 |
|
39 | Be It Enacted by the Legislature of the State of Florida: |
40 |
|
41 | Section 1. Popular name.--This Act may be known by the |
42 | popular name the "Ave Maria Stewardship Community District Act." |
43 | Section 2. Preamble.--Legislative findings, |
44 | ascertainments, determinations, intent, purpose, definitions, |
45 | and policy.-- |
46 | (1) Legislative findings.-- |
47 | (a) The eastern area of unincorporated Collier County is |
48 | unique and special with natural resources that need protection |
49 | and with the need to retain a viable agricultural system while |
50 | protecting private property rights and promoting a sound |
51 | economy. |
52 | (b) Collier County, with the approval of the Governor and |
53 | members of the Cabinet, sitting as the Florida Land and Water |
54 | Adjudicatory Commission, established a designated Rural Lands |
55 | Stewardship Area Zoning Overlay District in order to implement |
56 | an innovative, specialized, and incentive-based Collier County |
57 | Rural Lands Stewardship Area Overlay as part of the Collier |
58 | County Growth Management Plan. |
59 | (c) In implementing both protection of natural resources |
60 | and retention of viable agriculture, the Rural Lands Stewardship |
61 | Area District Overlay promotes compact rural mixed-used |
62 | development as an alternative to low-density single use |
63 | development and establishes a system of generating Stewardship |
64 | Credits in a designated Stewardship Sending Area and |
65 | transferring them to a designated Stewardship Receiving Area |
66 | within which new town communities may be created and developed |
67 | with a full range of housing types and a full mix of uses with |
68 | urban level services and infrastructure which support |
69 | specialized development that is compact, mixed-use, human-scale, |
70 | and balances land uses to reduce automobile trips and to |
71 | increase livability. |
72 | (d) This comprehensive system anticipates new land uses to |
73 | include unincorporated new town community development and the |
74 | related highly specialized provision of basic infrastructure |
75 | systems, facilities, and services. |
76 | (e) Barron Collier Company has made available |
77 | approximately 905 acres to the Ave Maria University Foundation |
78 | for the institution and operation of a private university known |
79 | as Ave Maria University with a full slate of undergraduate, |
80 | graduate, and professional programs with related cultural, |
81 | recreational, and other activities, benefits, and programs for |
82 | providing teaching, research, and public service to southwest |
83 | Florida, the State of Florida, and the nation. |
84 | (f) The initial landowners also own, immediately and |
85 | adjacent to and surrounding the Ave Maria University, lands upon |
86 | which they are building a university-oriented new town community |
87 | consistent with the Collier County Growth Management Plan and |
88 | Land Development Code. |
89 | (g) Within and subject to this the Growth Management Plan |
90 | and Land Development Code and its Rural and Stewardship Area |
91 | Zoning Overlay District within a designated Stewardship |
92 | Receiving Area, the new town community surrounding the private |
93 | university requires appropriate compact, balanced, and rural |
94 | mixed-use development at a human scale with the required |
95 | innovative balance of such importance to the Stewardship Overlay |
96 | Area. |
97 | (h) In particular: |
98 | 1. Creating a university new town community in the |
99 | Stewardship Overlay Area of Eastern Collier County requires a |
100 | critical coinciding of existing and future land use with |
101 | provision of capital facilities and related systems and |
102 | services, based upon timely, flexible, and specialized |
103 | management of critical factors and sequential events, balancing |
104 | between the interests of private enterprise, agriculture, |
105 | private citizens, taxpayers, consumers, the environment, the |
106 | economy, the initial landowners, and all applicable levels of |
107 | government. |
108 | 2. As evidenced by the Stewardship Overlay Program, all |
109 | the applicable public and private persons and entities have |
110 | invested and expended substantial time and moneys to generate |
111 | both the Stewardship Overlay Area portions of the Growth |
112 | Management Plan and the existing and future consistent specific |
113 | regulatory and comprehensive planning entitlements and |
114 | consistent land development regulations for the identification, |
115 | preparation, and development of a new town community. |
116 | 3. Creating such a new town community around the |
117 | university and using a single special purpose independent |
118 | district constitute innovative planning and flexible development |
119 | strategies pursuant to section 163.3177(11), Florida Statutes, |
120 | as amended from time to time, and Rule 9J-5.006(5)(l), Florida |
121 | Administrative Code, as amended from time to time, to minimize |
122 | the conversion of rural and agricultural lands to other uses to |
123 | discourage urban sprawl and to protect environmentally sensitive |
124 | areas, while maintaining the economic viability of agricultural |
125 | and other predominately rural land uses and providing for the |
126 | cost-efficient delivery of public facilities and services as |
127 | provided expressly in the Rural Lands Stewardship Area Land |
128 | Development Regulations, section 2.2.27.10.C. |
129 | (i) There is in particular a special need to use a |
130 | specialized and limited single-purpose independent special |
131 | district unit of local government for the Ave Maria Community: |
132 | 1. To prevent urban sprawl by providing, sustaining, and |
133 | supporting freestanding infrastructure and by preventing |
134 | needless and counterproductive community development when the |
135 | existing urban area is not yet developed. |
136 | 2. To prevent the needless duplication, fragmentation, and |
137 | proliferation of local government services in a proposed land |
138 | use area. |
139 | (j) Management of conservation, environmental, |
140 | agricultural, and economic challenges and opportunities in this |
141 | area of Eastern Collier County transcends the boundaries and |
142 | responsibilities of both private landowners and individual units |
143 | of government so that no one single public or private entity or |
144 | person can plan or implement policies to deal with the many |
145 | issues which attend the provision of basis systems, facilities, |
146 | and services to the area to be managed in Eastern Collier County |
147 | in order to provide for both a new university and a new town |
148 | academic community in the Stewardship area. |
149 | (k) It is the expressed set of findings of the Legislature |
150 | further that: |
151 | 1. There is a considerably long period of time during |
152 | which there is an inordinate burden on the initial landowners of |
153 | both the land area for the private Ave Maria University and its |
154 | surrounding new town university community because of the |
155 | innovative, special, and unique requirements in the Growth |
156 | Management Plan for the Stewardship Receiving Area that deal |
157 | specifically with flexible management and related sequencing, |
158 | timing, and financing of the various systems, facilities, and |
159 | services to be provided to the new town community and that take |
160 | into consideration absorption rates, commercial viability, and |
161 | related factors. |
162 | 2. Even as the community matures, there is a continuing |
163 | need for landowners, both initial and subsequent, to bear |
164 | burdens that remain relatively inordinate in order to preserve |
165 | such benefits for Eastern Collier County as the unique |
166 | environmental and economic purpose of the new town community in |
167 | this Stewardship Receiving Area. |
168 | 3. Longer involvement of the initial landowner with regard |
169 | to the provision of basic systems, facilities, and services in |
170 | the Rural Lands Stewardship Overlay, coupled with a severely |
171 | limited and highly specialized single purpose of the District, |
172 | is in the public interest. |
173 | 4. Any public or private system to provide basic |
174 | infrastructure improvements, systems, facilities, and services |
175 | to this new Ave Maria community in the Stewardship Overlay Area |
176 | of Eastern Collier County must be focused on an unfettered, |
177 | highly specialized, innovative, responsive, and accountable |
178 | mechanism to provide the components of infrastructure at |
179 | sustained levels of high quality over the long term only when |
180 | and as needed for such a unique community in such a unique area. |
181 | 5. There is a critical need to maintain such provision of |
182 | such systems, facilities, and services to the Ave Maria |
183 | community because of the unique location and attributes of the |
184 | Stewardship Overlay Area, coupled with the unique purpose and |
185 | location of this new academic community, subject to, and not |
186 | inconsistent with, the state, regional, and local requirements |
187 | which attend implementation of the state plan, the Stewardship |
188 | Overlay for the Stewardship Receiving Area, and the Collier |
189 | County Growth Management Plan. |
190 | 6. This need is met by coinciding the use and special |
191 | attributes of various public and private alternatives for the |
192 | provision of infrastructure to such a community development, |
193 | including: |
194 | a. The public policy and related implementing zoning, |
195 | permitting, and planning expertise, interests, and capabilities |
196 | of state and regional government and of the Collier County |
197 | general purpose local government; |
198 | b. The flexible, limited, focused, and locally accountable |
199 | management and related financing capabilities of independent |
200 | special purpose local government; and |
201 | c. The innovative development and marketing private sector |
202 | expertise of the initial landowners, developers, and other |
203 | components of private enterprise; |
204 | 7. The specialized financing and revenue procedures for |
205 | the levy and imposition of first-lien assessments, by a variety |
206 | of names, must be disclosed, followed, noticed, fair, |
207 | nonarbitrary, informed, reasonable, and accountable and that |
208 | they must be set forth dispositively. |
209 | (l) That the existence and use of such a limited |
210 | specialized single purpose local government for the Ave Maria |
211 | community, subject both to the Rural Lands Stewardship Overlay |
212 | Area District and to the Collier County Growth Management Plan, |
213 | will result in a high propensity: |
214 | 1. To prevent urban sprawl, protect and to preserve |
215 | environmental, conservation, and agricultural uses and assets |
216 | and to enhance the high quality use of the applicable |
217 | Stewardship Receiving Area. |
218 | 2. To enhance the market value for both present and future |
219 | landowners of the property consistent with the need to protect |
220 | private property rights in the Stewardship Overlay. |
221 | 3. To enhance the net economic benefit to the Collier |
222 | County area, including an enhanced and well maintained tax base |
223 | to the benefit of all present and future taxpayers in Collier |
224 | County. |
225 | 4. To share the costs for providing such basic systems, |
226 | facilities and services in an innovative, sequential, and |
227 | flexible manner within the Ave Maria new town community to be |
228 | serviced by the Stewardship Community District. |
229 | (2) Ascertainments.--Based upon these findings, the |
230 | Legislature has learned and ascertains: |
231 | (a) There are two public government alternatives and one |
232 | private alternative available to plan, construct, maintain, and |
233 | finance the provision of systems, facilities, and services in |
234 | and subject to the Stewardship Overlay: |
235 | 1. One of the public or governmental alternatives is by |
236 | the Board of County Commissioners within the Collier County |
237 | political subdivision which can provide certain basic systems, |
238 | facilities, and services directly, or with management by its |
239 | staff with financing through either a municipal service taxing |
240 | unit for ad valorem taxes or municipal service benefit for |
241 | assessments, or indirectly, by nonemergency ordinance use of a |
242 | dependent district. |
243 | 2. The second public alternative is use of an independent |
244 | special district. |
245 | 3. The private alternative is the private landowner, a |
246 | private homeowners' association, a private utility, a private |
247 | business corporation or partnership, or a combination of these |
248 | various private alternatives. |
249 | (b) Planning, permitting, and creating the Ave Maria |
250 | University new town community and using the independent |
251 | specialized single purpose Ave Maria Stewardship Community |
252 | District created by this Act are consistent with and implement |
253 | both the Collier County Growth Management Plan and Land |
254 | Development Code and also the following long-standing and |
255 | expressed policies of the state: |
256 | 1. To allow the creation of independent special taxing |
257 | districts which have uniform general law standards and |
258 | procedures and which do not overburden other local governments |
259 | and their taxpayers while preventing the proliferation of |
260 | independent special taxing districts which do not meet the |
261 | standards set forth in section 187.201(20)(b)2., Florida |
262 | Statutes. |
263 | 2. To encourage the development of local water supplies, |
264 | pursuant to section 187.201(7)(b)3., Florida Statutes. |
265 | 3. To recognize the existence of legitimate and often |
266 | competing public and private interests and land use regulations |
267 | and other government action, pursuant to section 187.201(14)(a), |
268 | Florida Statutes, as provided for expressly in the Stewardship |
269 | Overlay Program. |
270 | 4. Consistent with the Stewardship Overlay Program, to |
271 | recognize the importance of preserving natural resources and |
272 | enhancing quality of life by development in those areas where |
273 | land and water resources, fiscal abilities, and service capacity |
274 | can accommodate the land use and growth in a manner that is |
275 | environmentally acceptable, pursuant to section 187.201(15)(a), |
276 | Florida Statutes. |
277 | 5. To allocate costs of new public facilities on the basis |
278 | of benefits received by existing and future residents while |
279 | planning for the management and financing of new facilities to |
280 | serve residents in a timely, orderly, and efficient manner, |
281 | pursuant to section 187.201(17)(a) and (b)3., Florida Statutes. |
282 | 6. To encourage local government financial self- |
283 | sufficiency in providing public facilities and in identifying |
284 | and implementing physically sound, innovative, and cost- |
285 | effective techniques to provide and finance public facilities |
286 | while encouraging development, use, and coordination of capital |
287 | improvement plans by all levels of government, pursuant to |
288 | section 187.201(17)(b)5., 6., and 7., Florida Statutes, and as |
289 | provided in the Stewardship Overlay Program. |
290 | 7. To increase access to, and to promote and provide |
291 | access for, cultural, historical and educational resources and |
292 | opportunities, pursuant to section 187.201(18)(a) and (b)1., |
293 | Florida Statutes. |
294 | 8. To enhance and diversify the economy of the Collier |
295 | County area by promoting partnerships among education, business, |
296 | industry, agriculture, and the arts, provide opportunities for |
297 | training skilled employees for new and expanding businesses, and |
298 | promote self-sufficiency through training and educational |
299 | programs that result in productive employment pursuant to |
300 | section 187.201(21)(a) and (b)6., 7., and 8., Florida Statutes. |
301 | 9. To encourage and to enhance cooperation among |
302 | communities that have unique assets, irrespective of political |
303 | boundaries, to bring the private and public sectors together for |
304 | establishing an orderly, environmentally, and economically sound |
305 | plan for current and future needs and growth, pursuant to |
306 | section 187.201(b)8., Florida Statutes. |
307 | 10. To create independent special districts by or pursuant |
308 | to general law to ensure long-term management and related |
309 | financing, to meet the need in Florida for timely, efficient, |
310 | effective, responsive, innovative, accountable, focused, and |
311 | economical ways to deliver basic services to new communities to |
312 | solve the state's planning, management, and financing needs for |
313 | delivery of capital infrastructure in order in turn to provide |
314 | for projected growth only and to do so without overburdening |
315 | other governments and their taxpayers, pursuant to section |
316 | 189.402, Florida Statutes, so that providing to the Ave Maria |
317 | community basic systems, facilities, and services by independent |
318 | special districts remains pursuant to uniform general law and |
319 | section 189.402(3)(a) and (c), Florida Statutes. |
320 | 11. To ensure that those independent districts and the |
321 | exercise of their powers are consistent and comply with |
322 | applicable due process, disclosure, accountability, ethics, and |
323 | government-in-the-sunshine requirements of law, both to the |
324 | independent districts and to their elected and appointed |
325 | officials, pursuant to section 189.402(3)(b), Florida Statutes, |
326 | because independent special districts are a legitimate |
327 | alternative method available for use by both the public and |
328 | private sectors to manage, own, operate, construct, and finance |
329 | basic capital infrastructure systems, facilities, and services, |
330 | pursuant to section 189.402(4)(a), Florida Statutes. |
331 | 12. To ensure that an independent special district is |
332 | created to serve a special purpose to cooperate and to |
333 | coordinate its activities with the applicable general purpose |
334 | local government because aspects of growth and development |
335 | transcend boundaries and responsibilities of individual units of |
336 | government so that no single unit of government can plan or |
337 | implement policies to deal with these issues unilaterally as |
338 | effectively, pursuant to section 189.402(7) and (8), Florida |
339 | Statutes. |
340 | (c) Construction and operation of the Ave Maria |
341 | University, the development of the new town university |
342 | community, and the use of the special and single purpose |
343 | independent district are not inconsistent with the Collier |
344 | County Comprehensive Plan and the requirements of the |
345 | Stewardship Overlay and implement both. |
346 | (d) This land area for the private university and its new |
347 | town community requires an independent, special, and single |
348 | purpose local government, in the form of an independent special |
349 | district as defined in section 189.403(3), Florida Statutes, |
350 | subject to all substantive and procedural limitations under |
351 | Florida law, including this Act, in order to constitute the |
352 | highly specialized alternative and viable growth management |
353 | mechanism appropriate for this unique Stewardship Overlay |
354 | available to both the private and public sectors. |
355 | (e) Such a District requires timely, flexible, limited, |
356 | and specialized management and related financing capabilities |
357 | under its uniform state charter, created by this Act pursuant to |
358 | general law, in order to produce those flexible, innovative, and |
359 | highly specialized benefits to the new town university community |
360 | property in the Stewardship Receiving Area and to the |
361 | Stewardship Overlay in Eastern Collier County. |
362 | (f) Such a District must have management capabilities to |
363 | provide pinpointed, focused, accountable, responsive, limited, |
364 | specialized, and low-overhead-based capability, authority, and |
365 | power to provide basic systems, facilities, and services to the |
366 | new university community development with economies of scale but |
367 | at sustained high levels of quality over the long term. |
368 | (g) In order to be responsive to the critical timing |
369 | required through the exercise of its special management |
370 | functions, an independent district requires financing of those |
371 | functions, including bondable lienable and non-lienable revenue, |
372 | with full and continuing public disclosure and accountability, |
373 | funded by landowners, both present and future, and funded also |
374 | by users of the systems, facilities, and services provided to |
375 | the land area by the District, without burdening the taxpayers |
376 | and citizens of the state, of Collier County, or any |
377 | municipality in Collier County. |
378 | (h) The provision of services by this independent district |
379 | must implement, be subject to, and function not inconsistent |
380 | with, any applicable provisions of the Stewardship Overlay Area |
381 | and related permitting and planning requirements of Collier |
382 | County and of the Collier County Comprehensive Plan and Land |
383 | Development Code. |
384 | (i) The creation, existence, and operation of the Ave |
385 | Maria Stewardship Community District, as limited and specialized |
386 | to its single narrow purpose, will also: |
387 | 1. Constitute a public mechanism to translate the anti- |
388 | urban-sprawl requirements of the Stewardship Overlay into |
389 | reality; |
390 | 2. Constitute a disincentive for premature or |
391 | inappropriate municipal incorporation consistent with state law. |
392 | 3. Provide a mechanism for full and continuing disclosure |
393 | of how basic systems, facilities, and services are both managed |
394 | and financed, including full and continuing disclosure to both |
395 | prospective purchasers and all residents of public financing |
396 | related to any burdens of land ownership and any related burdens |
397 | on existing or future residents. |
398 | 4. Implement Rural Land Stewardship Area Zoning Overlay |
399 | District Regulation, section 2.2.27.10.L.4. because such an |
400 | independent single purpose special district is encouraged in the |
401 | Stewardship Receiving Area where the new town community and |
402 | university are located. |
403 | (j) The Ave Maria Stewardship Community District is also a |
404 | mechanism to implement the Collier County Concurrency Management |
405 | System designed to coincide with, and to implement, both the |
406 | Collier County future land use element and the capital |
407 | improvements element for basic systems, facilities, and services |
408 | consistent with the best interests of the Ave Maria community in |
409 | the Stewardship Overlay. |
410 | (k) By serving its single specialized purpose, the |
411 | District will not result in needless proliferation, duplication, |
412 | and fragmentation of local government systems, facilities, and |
413 | services in this area of Eastern Collier County. |
414 | (l) Subject to its substantive and procedural limitations, |
415 | the Ave Maria Stewardship Community District will assist |
416 | directly in public and combined public and private planning and |
417 | coordination in order to achieve innovative solutions to the |
418 | needs and requirements in this unique academic new town |
419 | community located in this Stewardship Overlay Area of Eastern |
420 | Collier County. |
421 | (m) Management of the timing and phasing of critical |
422 | sequential events, coordinated by the initial private landowner, |
423 | the private university, and the Board of County Commissioners of |
424 | Collier County is of fundamental importance and is the basis of |
425 | the inordinate burden on the initial landowner developer and on |
426 | the private university to enhance the Stewardship Overlay and to |
427 | implement its requirements. |
428 | (n) The critical single purpose of the Ave Maria |
429 | Stewardship Community District to provide basic infrastructure |
430 | systems, facilities, services, works, and improvements to the |
431 | private Ave Maria university new town community is in the public |
432 | interest because it: |
433 | 1. Does not pass on taxes or profits to purchasers of |
434 | property or to landowners and residents within their |
435 | jurisdictions; |
436 | 2. Decreases the tendency toward short-term planning, |
437 | construction, and management considerations because the |
438 | elections for members of the government board are staggered; |
439 | 3. Is not influenced, guided, or limited by quarterly and |
440 | annual profit statements; |
441 | 4. Does not have police or regulatory powers; |
442 | 5. Does not have larger general purpose overhead |
443 | responsibilities; |
444 | 6. Is not subject to legitimate but countervailing fiscal, |
445 | economic, policy, and political considerations to which large |
446 | general-purpose local governments and large landowners and |
447 | developers would be subject in the natural course of events. |
448 | 7. Does not constitute needless duplication, |
449 | proliferation, or fragmentation of local government systems, |
450 | facilities, and services in Collier County; |
451 | 8. Shall operate and function subject to and not |
452 | inconsistent with the county comprehensive plan and not |
453 | inconsistent with, but rather shall enhance the purpose and |
454 | requirements of, the Rural Lands Stewardship Overlay with the |
455 | least overhead cost and the highest amount of public disclosure, |
456 | accountability, responsiveness, and productivity. |
457 | 9. Coincides its functions with the authority and best |
458 | interests of general purpose local government, the private |
459 | university, the private landowners, both present and future, the |
460 | taxpayers, the future residents, and the state in the provision |
461 | of needed infrastructure to the community at sustained levels of |
462 | quality over the long term. |
463 | 10. Provides highly accountable innovative systems, |
464 | facilities, and services close to the land and close to the |
465 | people to constitute expressly the stewardship of the lands of |
466 | the new community within and subject to the Stewardship Overlay |
467 | Area in Eastern Collier County and within its jurisdiction; |
468 | 11. Serves a land area that is amenable to separate |
469 | special district government. |
470 | 12. Serves a land area that is sufficiently compact and of |
471 | size sufficient for the functionally interrelated Ave Maria new |
472 | town community development. |
473 | 13. Serves a land area in which there is no existing local |
474 | or regional system, facility, or service with which creation and |
475 | operation of this District and the provision of its systems, |
476 | facilities, improvements, and infrastructure would be |
477 | incompatible. |
478 | 14. Will enhance the intrinsic value of the property and |
479 | the new community development, for the purpose of the |
480 | Stewardship Overlay, and be a sustaining source of public |
481 | revenue. |
482 | (o) The independent district charter created in this Act |
483 | involves innovative general and special powers not otherwise |
484 | available for this unique and highly specialized first ever |
485 | academic Ave Maria new town community in such a unique multi- |
486 | faceted Rural Lands Stewardship Overlay. |
487 | (p) The minimum requirements of general law or creation of |
488 | this District by special act have been met as confirmed and set |
489 | forth expressly in section 3(1). |
490 | (3) Determinations.--Based upon its findings and |
491 | ascertainments, the Legislature states expressly and determines: |
492 | (a) This Act represents the findings, ascertainments, and |
493 | determinations of the Legislature that creating the Ave Maria |
494 | Stewardship Community District, by special act, pursuant to |
495 | general law, is the best alternative as required by section |
496 | 189.404(2)(e)3., Florida Statutes, because it meets |
497 | affirmatively the findings and ascertainments of this |
498 | Legislature set forth in this section. |
499 | (b) The creation by this Act of the Ave Maria Stewardship |
500 | Community District in the Stewardship Overlay Area of Collier |
501 | County is consistent affirmatively with the Collier County local |
502 | government comprehensive plan. |
503 | (c) The authority for this Act is pursuant to section |
504 | 189.404, Florida Statutes, and the State Comprehensive Plan |
505 | pursuant to section 187.201, Florida Statutes. |
506 | (d) The Board of County Commissioners of Collier County, |
507 | on October 28, 2003, adopted Resolution 2003-381, expressing no |
508 | objection to the creation and establishment of the Ave Maria |
509 | University Stewardship Community District and finding it |
510 | consistent with the Collier County local government |
511 | comprehensive plan as provided in section 189.404(a)(e)4., |
512 | Florida Statutes. |
513 | (4) Intent.--Based upon its findings, ascertainments, and |
514 | determinations, the Legislature expresses its intent: |
515 | (a) To ensure that the creation and operation of the Ave |
516 | Maria Stewardship Community District by and pursuant to this |
517 | Act, exercising its management and related financing powers to |
518 | implement its limited, single, and special purpose, is not a |
519 | development order and does not trigger or invoke any provision |
520 | within the meaning of chapter 380, Florida Statutes, and all |
521 | applicable governmental planning, environmental, and land |
522 | development laws, regulations, rules, policies, and ordinances |
523 | apply to all development of the land within the jurisdiction of |
524 | the District as created by this Act. |
525 | (b) That the District operate and function subject to, and |
526 | not inconsistent with, the Collier County Growth Management Plan |
527 | and Land Development Code and any applicable development orders, |
528 | zoning regulations, or other land development regulations. |
529 | (c) That under this Act this special and single purpose |
530 | Ave Maria Stewardship Community District shall not have the |
531 | power of a general purpose local government to adopt a |
532 | comprehensive plan or related land development regulation as |
533 | those terms are defined in the Florida Local Government |
534 | Comprehensive Planning and Land Development Regulation Act. |
535 | (d) That the charter for this District in the Act is |
536 | exclusive and may be amended only by the Legislature by |
537 | subsequent special act. Any certain proposed amendment of this |
538 | Act which deals specifically, expressly, and only with section |
539 | 2(4)(a), (b), and (c) shall not be considered by the Legislature |
540 | unless it is accompanied by a resolution of support by the |
541 | Collier County Board of County Commissioners provided that any |
542 | other amendment on any other subject or provision dealing with |
543 | any subject or provision in this Act does not require such |
544 | resolution. |
545 | (e) That the Ave Maria Stewardship Community District |
546 | created by this Act constitutes an innovative mechanism for |
547 | long-term, sustained, quality public stewardship through the |
548 | planning, implementation, construction, management, and related |
549 | financing, of basic systems, facilities, services and |
550 | infrastructure projects for the mixed-use new town academic |
551 | community. |
552 | (f) That, it is in the public interest that this limited, |
553 | independent, specialized, and single-purpose District have |
554 | perpetual existence subject only to legislative review as |
555 | provided in its charter as created by this Act so that it is not |
556 | in a position to outlive its usefulness. |
557 | (g) That the exercise by this Ave Maria Stewardship |
558 | Community District of its powers to carry out its single purpose |
559 | under its charter as created by this Act is consistent with |
560 | applicable due process, disclosure, accountability, ethics, |
561 | conflicts of laws, government in the sunshine, competitive |
562 | procurement, including the employees of consultants, competitive |
563 | negotiation, and competitive bidding, both as to the government |
564 | entity itself and as to its appointed or elected officials as |
565 | required in this Act. |
566 | (5) Purpose.--The limited, single, and specialized purpose |
567 | of the Ave Maria Stewardship Community District is to provide |
568 | community development systems, facilities, services, projects, |
569 | improvements, and infrastructure to the Ave Maria community by |
570 | exercising its various management powers, with related financing |
571 | powers, both general and special, as set forth by and limited by |
572 | its charter as created by this Act. |
573 | (6) Definitions.--As used in this Act: |
574 | (a) "Ad valorem bonds" means bonds which are payable from |
575 | the proceeds of ad valorem taxes levied on real and tangible |
576 | personal property and which are generally referred to as general |
577 | obligation bonds. |
578 | (b) "Assessable improvements" means, without limitation, |
579 | any and all public improvements and community facilities that |
580 | the District is empowered to provide in accordance with this |
581 | Act, that provide a special benefit to property within the |
582 | District. |
583 | (c) "Assessment bonds" means special obligations of the |
584 | District which are payable solely from proceeds of the special |
585 | assessments or benefit special assessments levied for assessable |
586 | improvements, provided that, in lieu of issuing assessment bonds |
587 | to fund the costs of assessable improvements, the District may |
588 | issue revenue bonds for such purposes payable from special |
589 | assessments. |
590 | (d) "Assessments" means those nonmillage District |
591 | assessments which include special assessments, benefit special |
592 | assessments, and maintenance special assessments and a |
593 | nonmillage, non-ad valorem maintenance tax if authorized by |
594 | general law. |
595 | (e) "Ave Maria Stewardship Community District" means the |
596 | unit of special and single purpose local government created and |
597 | chartered by this Act, including the creation of its charter, |
598 | and limited to the performance, in implementing its single |
599 | purpose, of those general and special powers authorized by its |
600 | charter under this Act, the boundaries of which are set forth by |
601 | the Act, the governing head of which is created and authorized |
602 | to operate with legal existence by this Act, and the purpose of |
603 | which is as set forth in this Act. |
604 | (f) "Benefit special assessments" are District assessments |
605 | imposed, levied, and collected pursuant to the provisions of |
606 | section 4(14)(b). |
607 | (g) "Board of Supervisors" or "board" means the governing |
608 | board of the District or, if such board has been abolished, the |
609 | board, body, or commission assuming the principal functions |
610 | thereof or to whom the powers given to the board by this Act |
611 | have been given by law. |
612 | (h) "Bond" includes "certificate," and the provisions that |
613 | are applicable to bonds are equally applicable to certificates. |
614 | The term "bond" includes any general obligation bond, assessment |
615 | bond, refunding bond, revenue bond, and other such obligation in |
616 | the nature of a bond as is provided for in this Act. |
617 | (i) "Developed urban area" means any reasonably compact |
618 | urban area. |
619 | (j) "Cost" or "costs," when used with reference to any |
620 | project, includes, but is not limited to: |
621 | 1. The expenses of determining the feasibility or |
622 | practicability of acquisition, construction, or reconstruction. |
623 | 2. The cost of surveys, estimates, plans, and |
624 | specifications. |
625 | 3. The cost of improvements. |
626 | 4. Engineering, fiscal, and legal expenses and charges. |
627 | 5. The cost of all labor, materials, machinery, and |
628 | equipment. |
629 | 6. The cost of all lands, properties, rights, easements, |
630 | and franchises acquired. |
631 | 7. Financing charges. |
632 | 8. The creation of initial reserve and debt service funds. |
633 | 9. Working capital. |
634 | 10. Interest charges incurred or estimated to be incurred |
635 | on money borrowed prior to and during construction and |
636 | acquisition and for such reasonable period of time after |
637 | completion of construction or acquisition as the board may |
638 | determine. |
639 | 11. The cost of issuance of bonds pursuant to this Act, |
640 | including advertisements and printing. |
641 | 12. The cost of any bond or tax referendum held pursuant |
642 | to this Act and all other expenses of issuance of bonds. |
643 | 13. The discount, if any, on the sale or exchange of |
644 | bonds. |
645 | 14. Administrative expenses. |
646 | 15. Such other expenses as may be necessary or incidental |
647 | to the acquisition, construction, or reconstruction of any |
648 | project, or to the financing thereof, or to the development of |
649 | any lands within the District. |
650 | 16. Payments, contributions, dedications, and any other |
651 | exactions required as a condition of receiving any government |
652 | approval or permit necessary to accomplish any District purpose. |
653 | (k) "District" means the Ave Maria Stewardship Community |
654 | District. |
655 | (l) "District manager" means the manager of the District. |
656 | (m) "District roads" means highways, streets, roads, |
657 | alleys, sidewalks, landscaping, storm drains, bridges, and |
658 | thoroughfares of all kinds. |
659 | (n) "General obligation bonds" means bonds which are |
660 | secured by, or provide for their payment by, the pledge of the |
661 | full faith and credit and taxing power of the District, in |
662 | addition to those special taxes levied for their discharge and |
663 | such other sources as may be provided for their payment or |
664 | pledged as security under the resolution authorizing their |
665 | issuance, and for payment of which recourse may be had against |
666 | the general fund of the District. |
667 | (o) "Governing board member" means any member of the Board |
668 | of Supervisors. |
669 | (p) "Land development regulations" means those regulations |
670 | of general purpose local government, adopted under the Florida |
671 | Local Government Comprehensive Planning and Land Development |
672 | Regulations Act, Florida's Growth Management Act, and chapter |
673 | 163, Florida Statutes, as amended from time to time, to which |
674 | the District is subject and as to which the District may not |
675 | doing anything that is inconsistent. Land development |
676 | regulations shall not mean specific management engineering, |
677 | planning, and other criteria and standards needed in the daily |
678 | management, implementation, and provision by the District of |
679 | basic systems, facilities, services, works, improvements, |
680 | projects, or infrastructure, including design criteria and |
681 | standards, so long as they remain subject to and are not |
682 | inconsistent with the Collier County Growth Management Plan and |
683 | applicable land development regulations. |
684 | (q) "Landowner" means the owner of a freehold estate as it |
685 | appears on the deed record, including a trustee, a private |
686 | corporation, and an owner of a condominium unit. Landowner does |
687 | not include a reversioner, remainderman, mortgagee, or any |
688 | governmental entity who shall not be counted and need not be |
689 | notified of proceedings under this Act. Landowner also means the |
690 | owner of a ground lease from a governmental entity, which |
691 | leasehold interest has a remaining term, excluding all renewal |
692 | options, in excess of 50 years. |
693 | (r) "General-purpose local government" means a county, |
694 | municipality, or consolidated city-county government. |
695 | (s) "Maintenance special assessments" are assessments |
696 | imposed, levied, and collected pursuant to the provisions of |
697 | section 4(14)(d). |
698 | (t) "Non-ad valorem assessment" means an assessment levied |
699 | and imposed by the Board of Supervisors of the Ave Maria |
700 | Stewardship Community District that are not based upon millage |
701 | and that constitutes, pursuant to the provisions of this Act, |
702 | first lien imposed on the property subject thereto, coequal with |
703 | any lien imposed by the state, county, municipality, or school |
704 | board: |
705 | 1. If, pursuant to general law, nonmillage and non-ad |
706 | valorem taxes, limited expressly and only to certain maintenance |
707 | taxes provided for expressly in the District charter as created |
708 | by this Act that are not ad valorem taxes and are not special |
709 | assessments. |
710 | 2. If an assessment that is not a tax and is a special |
711 | assessment levied and imposed by the Board of Supervisors of the |
712 | District pursuant to an informed and nonarbitrary determination |
713 | by the Board of Supervisors that the system, facility, or |
714 | service will provide, as a logical connection to the applicable |
715 | parcels of property, a special benefit peculiar to the property, |
716 | different in kind and degree than a general benefit and, |
717 | further, that the duty to pay per parcel will be apportioned in |
718 | a manner that is fair and reasonable, and that may be known as |
719 | an assessment, special assessment, maintenance assessment, or |
720 | benefit assessment. The levy of a maintenance assessment to |
721 | maintain a system or facility constructed and financed a by |
722 | special assessment levied by the District may be based on the |
723 | assessment methodology by which a construction special |
724 | assessment is levied but upon a determination that a maintenance |
725 | special assessment also provides a special and peculiar benefit |
726 | to the property and is apportioned in a manner that is fair and |
727 | reasonable. |
728 | 3. If an assessment is levied, imposed, or equalized by |
729 | the Board of Supervisors by rule of the District. |
730 | (u) "Powers" means powers used and exercised by the Board |
731 | of Supervisors to accomplish the single, limited, and special |
732 | purpose of the District including: |
733 | 1. "General powers" means those organizational and |
734 | administrative powers of the District as provided in its charter |
735 | in order to carry out its single special purpose as a local |
736 | government public corporate body politic. |
737 | 2. "Special powers" means those powers enumerated by the |
738 | District charter to implement its specialized systems, |
739 | facilities, services, projects, improvements, and infrastructure |
740 | and related functions in order to carry out its single |
741 | specialized purpose. |
742 | 3. Any other powers, authority, or function set forth in |
743 | this Act. |
744 | (v) "Project" means any development, improvement, |
745 | property, power, utility, facility, enterprise, service, system, |
746 | works, or infrastructure now existing or hereafter undertaken or |
747 | established under the provisions of this Act. |
748 | (w) "Qualified elector" means any person at least 18 years |
749 | of age who is a citizen of the United States, a legal resident |
750 | of Florida and of the District and who registers to vote with |
751 | the Supervisor of Elections in Collier County. |
752 | (x) "Refunding bonds" means bonds issued to refinance |
753 | outstanding bonds of any type and the interest and redemption |
754 | premium thereon. Refunding bonds shall be issuable and payable |
755 | in the same manner as refinanced bonds, except that no approval |
756 | by the electorate shall be required unless required by the State |
757 | Constitution. |
758 | (y) "Revenue bonds" means obligations of the District that |
759 | are payable from revenues, including, but not limited to, |
760 | special assessments and benefit special assessments derived from |
761 | sources other than ad valorem taxes on real or tangible personal |
762 | property and that do not pledge the property, credit, or general |
763 | tax revenue of the District. |
764 | (z) "Sewer system" means any plant, system, facility, or |
765 | property, and additions, extensions, and improvements thereto at |
766 | any future time constructed or acquired as part thereof, useful |
767 | or necessary or having the present capacity for future use in |
768 | connection with the collection, treatment, purification, or |
769 | disposal of sewage, including, but not limited to, industrial |
770 | wastes resulting from any process of industry, manufacture, |
771 | trade, or business or from the development of any natural |
772 | resource. Sewer system also includes treatment plants, pumping |
773 | stations, lift stations, valves, force mains, intercepting |
774 | sewers, laterals, pressure lines, mains, and all necessary |
775 | appurtenances and equipment; all sewer mains, laterals, and |
776 | other devices for the reception and collection of sewage from |
777 | premises connected therewith; and all real and personal property |
778 | and any interest therein, rights, easements, and franchises of |
779 | any nature relating to any such system and necessary or |
780 | convenient for operation thereof. |
781 | (aa) "Special assessments" shall mean assessments as |
782 | imposed, levied, and collected by the District for the costs of |
783 | assessable improvements pursuant to the provisions of this Act, |
784 | chapter 170, Florida Statutes, as amended from time to time, and |
785 | the additional authority under section 197.3631, Florida |
786 | Statutes, as amended from time to time, or other provisions of |
787 | general law, now or hereinafter enacted, which provide or |
788 | authorize a supplemental means to impose, levy, and collect |
789 | special assessments. |
790 | (bb) "Taxes" or "tax" means those levies and impositions |
791 | of the Board of Supervisors that support and pay for government |
792 | and the administration of law and that may be: |
793 | 1. Ad valorem or property taxes based upon both the |
794 | appraised value of property and millage, at a rate uniform |
795 | within the jurisdiction; |
796 | 2. If and when authorized by general law, non-ad valorem |
797 | maintenance taxes not based on millage that are used to maintain |
798 | District systems, facilities, and services. |
799 | (cc) "Urban area" means a developed and inhabited urban |
800 | area within the District within a minimum acreage resident |
801 | population density of least 1.5 persons per acre as defined by |
802 | the latest official census, special census, or population |
803 | estimate, a minimum density of one single-family home per 2.5 |
804 | acres with access to improved roads, or a minimum density of one |
805 | single-family home per 5 acres within a recorded plat |
806 | subdivision. Urban areas shall be designated by the Board of |
807 | Supervisors with the assistance of all general purpose local |
808 | governments having jurisdiction over the area within the |
809 | jurisdiction of the District. |
810 | (dd) "Water system" means any plant, system, facility, or |
811 | property, and any addition, extension, or improvement thereto at |
812 | any future time constructed or acquired as a part thereof, |
813 | useful, necessary, or having the present capacity for future use |
814 | in connection with the development of sources, treatment, |
815 | purification, or distribution of water. Water system also |
816 | includes dams, reservoirs, storage tanks, mains, lines, valves, |
817 | pumping stations, laterals, and pipes for the purpose of |
818 | carrying water to the premises connected with such system, and |
819 | all rights, easements, and franchises of any nature relating to |
820 | any such system and necessary or convenient for the operation |
821 | thereof. |
822 | (7) Policy.--Based upon its findings, ascertainments, |
823 | determinations, intent, purpose, and definitions, the |
824 | Legislature states its policy expressly: |
825 | (a) The District and the District charter, with its |
826 | general and special powers, as created in this Act, are |
827 | essential and the best alternative for the unique location and |
828 | nature of the new community for academic, residential, |
829 | commercial, and other community uses, projects, or functions in |
830 | the Rural Lands Stewardship Area Overlay of eastern Collier |
831 | County consistent with and designed to enhance the Stewardship |
832 | Overlay Program and to serve a lawful public purpose. |
833 | (b) The District which is a local government and a |
834 | corporate body politic is limited to its single, narrow, and |
835 | special purpose as expressed in this Act, with the power to |
836 | provide, plan, implement, construct, maintain, and finance as a |
837 | local government management entity its basic systems, |
838 | facilities, services, improvements, infrastructure, and projects |
839 | and possessing financing powers to fund its management power |
840 | over the long term and with sustained levels of high quality |
841 | commensurate with the Stewardship Overlay. |
842 | (c) This Act may be amended only by special act of the |
843 | Legislature in whole or in part. |
844 | Section 3. Minimum general law requirements; creation and |
845 | establishment; boundaries; jurisdiction; construction; charter |
846 | with legal description.-- |
847 | (1) Pursuant to section 189.404(3), Florida Statutes, the |
848 | Legislature sets forth that the minimum requirements in |
849 | paragraphs (a) through (o) have been met in the identified |
850 | provisions of this Act as follows: |
851 | (a) The purpose of the District is stated in the Act in |
852 | section 2, subsection (5). |
853 | (b) The powers, functions, and duties of the District are |
854 | generally in section 4, subsection (3) paragraphs (g) and (h) |
855 | and subsections (5)-(16), (18), (19), (21), (25), and (32) as to |
856 | which: |
857 | 1. Taxation provisions are set forth in section 2, |
858 | subsection (6), paragraph (bb); section 4, subsection (3), |
859 | paragraph (h), subsection (14), paragraphs (a), (c), (f), (g) |
860 | and (i), and subsections (17), (18), and (19). |
861 | 2. Bond issuance provisions are set forth generally in |
862 | section 2; section 4, subsection (8), paragraph (d), subsections |
863 | (10)-(13), and subsection (16), paragraphs (b) and (c). |
864 | 3. Provisions regarding the other revenue raising |
865 | capabilities are set forth in section 2, subsection (6), |
866 | paragraphs (b), (d), (s), (t), and (aa); section 4, subsection |
867 | (10) and (11), subsection (14), paragraphs (b), (d), (e), (h), |
868 | (i), and (j), and subsections (15) and (16). |
869 | 4. Provisions regarding fees, rentals, and charges are in |
870 | section 2, subsection (6); and section 4, subsection (8), |
871 | paragraph (i) and subsections (22)-(25). |
872 | 5. Provisions regarding budget preparation and approval |
873 | are in section 4, subsections (5), (6), and (9). |
874 | 6. Provisions regarding liens and foreclosures of liens |
875 | are in section 4, subsection (14), paragraphs (f), (g), (h), and |
876 | (i), and subsections (15), (17), (18), and (19). |
877 | 7. Provisions regarding the use of tax deeds and tax |
878 | certificates as appropriate for non-ad valorem assessments are |
879 | set forth in section 4, subsection (8), paragraph (o), |
880 | subsection (14), paragraphs (b), (c), (d), (e), (f), (h), and |
881 | (i), and subsection (15). |
882 | 8. Provisions regarding contractual agreements are in |
883 | section 4, subsection (8), paragraphs (c), (l), (p), and (r), |
884 | and subsection (9), paragraphs (k), (o), (p), (s), (t), (v), and |
885 | (w). |
886 | (c) The provisions for methods for establishing the |
887 | District are in section 2, subsection (2), paragraph (b); |
888 | section 3; and effective as provided in section 6. |
889 | (d) The methods for amending the charter of the District |
890 | are set forth in section 2, subsection (7), paragraph (c); |
891 | section 3, subsection (4); and section 4, subsection (28). |
892 | (e) The provisions regarding aspects of the governing |
893 | board are as follows: |
894 | 1. Provisions for the membership of the governing board |
895 | are in section 4, subsection (3), paragraph (b) and subsection |
896 | (4), paragraph (c). |
897 | 2. Provisions regarding the organization of the governing |
898 | board are in section 4, subsection (3), paragraphs (b)-(d) and |
899 | subsection (4), paragraph (c). |
900 | 3. Provisions regarding the requirement of five board |
901 | members are in section 4, subsection (3), paragraph (b), and |
902 | subsection (4), paragraph (c), subparagraph 1. |
903 | 4. The provisions regarding the quorum of the governing |
904 | board are in section 4, subsection (3), paragraph (b), and |
905 | subsection (4) paragraph (c), subparagraph 1, sub-subparagraph |
906 | e. |
907 | (f) The provisions regarding maximum compensation of each |
908 | board member are in section 4, subsection (4), paragraph (c), |
909 | and in particular in subparagraph 1., sub-subparagraph h.; |
910 | section 4, subsection (4), paragraph (c), subparagraph 1., sub- |
911 | subparagraph h. |
912 | (g) The provisions regarding the administrative duties of |
913 | the governing board are found in section 4, subsections (5)-(8). |
914 | (h) The provisions applicable to financial disclosure, |
915 | noticing, and reporting requirements for: |
916 | 1. Financial disclosure are in section 4, subsections (6) |
917 | and (7). |
918 | 2. The provisions regarding voting are found in section 4, |
919 | subsections (3) and (4). |
920 | 3. Reporting requirements are in section 4, subsections |
921 | (5)-(7) and subsection (31). |
922 | (i) The provisions regarding procedures and requirements |
923 | for issuing bonds are: |
924 | 1. For issuing bonds are in section 4, subsection (12), |
925 | particularly in paragraphs (a), (b), (i), (k), and (l), and |
926 | related provisions regarding trust agreements are in subsection |
927 | (13). |
928 | 2. For issuing bonds are in section 4, subsection (12), |
929 | particularly in paragraphs (c)-(q) and subsection (13). |
930 | (j) The provisions regarding elections or referenda are: |
931 | 1. For procedures for elections are in section 4, |
932 | subsections (3) and (4), and provisions regarding referenda are |
933 | in subsection (14), paragraph (a). |
934 | 2. For qualifications of an elector of the District, a |
935 | qualified elector, are in section 2, subsection (6), paragraph |
936 | (w); and section 4, subsection (3), paragraphs (b) and (c). |
937 | 3. For referenda are in section 4, subsection (4), |
938 | paragraph (b). |
939 | (k) The provisions regarding methods for financing the |
940 | District are generally in section 4, subsections (10), (11), |
941 | (14), (15), (16), (17), (18), and (19). |
942 | (l) Other than taxes levied for the payment of bonds and |
943 | taxes levied for periods not longer than 2 years when authorized |
944 | by vote of the electors of the District, the provisions for: |
945 | 1. The authority to levy ad valorem tax is in section 4, |
946 | subsection (14), paragraph (a) and subsection (3), paragraph |
947 | (h); and section 2, subsection (6) paragraph (bb) subparagraph |
948 | 1. |
949 | 2. The authorized millage rate is in section 4, subsection |
950 | (14), paragraph (a). |
951 | (m) The provisions for the method or methods of collecting |
952 | non-ad valorem assessments, fees, or service charges are: |
953 | 1. For collecting non-ad valorem assessments in section 4, |
954 | subsection (14), paragraphs (b), (c), (d), (e), (h), and (i) and |
955 | subsection (15). |
956 | 2. For collecting fees and service charges in section 4, |
957 | subsection (22). |
958 | (n) The provisions for planning requirements are as |
959 | limited by the provisions of section 2 and section 3, as limited |
960 | further by section 4, subsections (8) and (9). |
961 | (o) The provisions for geographic boundary limitations of |
962 | the District are set forth in section 3, subsection (2)-(4); and |
963 | section 4, subsection (2). |
964 | (2) Creation and establishment.--The Ave Maria Stewardship |
965 | Community District, which may also be referred to and be known |
966 | as the "Stewardship Community District," "Ave Maria District," |
967 | or "District" is created and incorporated as a public body, |
968 | corporate and politic, an independent, limited, special, and |
969 | single purpose local government, an independent special |
970 | district, under section 189.404, Florida Statutes, as amended |
971 | from time to time, and as defined in this Act and in section |
972 | 189.403(3), Florida Statutes, as amended from time to time, in |
973 | and for eastern Collier County. Any amendments to chapter 190, |
974 | Florida Statutes, after January 1, 2004, granting additional |
975 | general powers, special powers, authorities, or projects to a |
976 | community development district by amendment to its uniform |
977 | charter, sections 190.006-190.041, Florida Statutes, shall |
978 | constitute a general power, special power, authority, or |
979 | function of the Ave Maria Stewardship Community District. |
980 | Because all notices for the enactment by the Legislature of this |
981 | Act, a special act, have been provided pursuant to the State |
982 | Constitution, the Laws of Florida, and the Rules of the Florida |
983 | House of Representatives and of the Florida Senate, and because |
984 | Collier County is not a charter county, no referendum subsequent |
985 | to the effective date of this Act is required. The District, as |
986 | created by this Act, is established on the property pursuant to |
987 | section 6 and section 4(3). |
988 | (3) The territorial boundary of the District shall embrace |
989 | and include, without reservation or enclave, all of that certain |
990 | real property described legally in the following section 4(2). |
991 | (4) The jurisdiction of this District, in the exercise of |
992 | its general and special powers, and in the carrying out of its |
993 | single, narrow, and special purpose, is both within the external |
994 | boundaries of the legal description of this District and |
995 | extraterritorially when limited to, and as authorized expressly |
996 | elsewhere in, the charter of the District as created in this Act |
997 | or applicable general law. This single purpose District is |
998 | created as a public body corporate and politic and local |
999 | government authority and power is limited by its charter, this |
1000 | Act, and subject to the provisions of other general laws, |
1001 | including chapter 189, Florida Statutes, except that an |
1002 | inconsistent provision in this Act shall control and the |
1003 | District has jurisdiction to perform such acts and exercise such |
1004 | projects, functions, and powers as shall be necessary, |
1005 | convenient, incidental, proper, or reasonable for the |
1006 | implementation of its limited, single, and specialized purpose |
1007 | regarding the sound planning, provision, acquisition, |
1008 | development, operation, maintenance, and related financing of |
1009 | those public systems, facilities, services, improvements, |
1010 | projects, and infrastructure works as authorized herein |
1011 | including those necessary and incidental thereto. |
1012 | (5) Exclusive charter.--The exclusive charter of the "Ave |
1013 | Maria Stewardship Community District" is this Act and may be |
1014 | amended only by special act of the Legislature. |
1015 | Section 4. Disposition of sections 2 and 3; legal |
1016 | description; exclusive charter of the Ave Maria Stewardship |
1017 | Community District.-- |
1018 | (1) EXCLUSIVE CHARTER.--This Act constitutes the exclusive |
1019 | charter of the Ave Maria Stewardship Community District. |
1020 | (2) LEGAL DESCRIPTION. The metes and bounds legal |
1021 | description of the District, within which there are no enclaves |
1022 | or parcels of property owned by those who do not wish their |
1023 | property to be included within the District, is as follows: |
1024 |
|
1025 | METES AND BOUNDS DESCRIPTION |
1026 | DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, |
1027 | 30, AND 33 |
1028 | AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, |
1029 | RANGE 29 EAST, |
1030 | AND |
1031 | PART OF SECTIONS 4, 9, 16, 17, AND 18 |
1032 | AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH, |
1033 | RANGE 29 EAST, |
1034 | AND |
1035 | PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, |
1036 | RANGE 28 EAST, |
1037 | AND |
1038 | ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, |
1039 | COLLIER COUNTY, FLORIDA |
1040 |
|
1041 | COMMENCING AT the NORTHWEST CORNER OF SECTION 27, |
1042 | TOWNSHIP 47 SOUTH, RANGE |
1043 | 29 EAST, COLLIER COUNTY, FLORIDA. |
1044 | THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH |
1045 | 89°42'22" EAST 40.00 FEET TO THE INTERSECTION WITH THE |
1046 | THE WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80' |
1047 | RIGHT-OF-WAY) AND THE POINT OF BEGINNING OF THE PARCEL |
1048 | HEREIN DESCRIBED: |
1049 | THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING |
1050 | TWENTY FOUR (24) DESCRIBED COURSES; |
1051 | 1) SOUTH 00°15'32" EAST 4936.39 FEET; |