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Home My WebLink About07-004 Gory ff)' brrìµ 13 De {LI\5> mtf3 Flh. ORDINANCE NO. 07-004 AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT' OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; ESTABLISHING THE WHISPERING OAKS COMMUNITY DEVELOPMENT DISTRICT; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE INmAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING POWERS; PROVIDING SPECIAL CONDmONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND SETTING FORTH THE VOTE ON ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. The Board is authorized, pursuant to Sections 125.01 and 190.005, Florida Statutes, to establish community development districts that are less than 1,000 acres in size and located within the unincorporated areas of the County. 2. MTA Development, Inc., has filed with the Board a petition for the establishment of a community development district, which petition contains the information required by Section 190.005(1)(a), Florida Statutes. 3. In accordance with Section 190.005(1)(d) and 2(b), Florida Statutes, the Board held a public hearing on March 20, 2007 after publishing notice of such hearing in the Tribune on February 20, February 27, March 6 and March 13, 2007. The public hearing was continued to April 17, 2007; and: (a) The Board has considered the record of the public hearing and the factors set forth in Section 190.005(1)(e), Florida Statutes, and has found that: 'stll:(:11 tl,Pðl1gh portions are deleted. Underlined portions are added. -1- EDWIN M. FRY. Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3047033 04/27/2007 at 11:00 þJJ¡ OR BOOK 2806 PAGE 2621 - 2627 Doc Type: QRDN RECORDING: $61.00 (b) All statements contained within the petition are true and correct; (c) The creation of this district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan; (d) 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; (e) The district is the best alternative available for delivering the community development services and facilities to the area that will be served by the district; (f) The community development services and facilities for the district will be compatible with the capacity and uses of the existing local and regional community development services and facilities; and, (g) The area that will be served by the district is amenable to separate special district government. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE XII OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENr' OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, AS AMENDED TO READ: ARTICLE XVIII "WHISPERING OAKS" COMMUNITY DEVELOPMENT DISTRICT": Section 1-6.5-185.Established: name The Whispering Oaks Community Development District is hereby established. Section 1-6.5-186. Boundaries The boundaries of the Whispering Oaks Community Development District are as set forth in the legal description below. St. I:Id{ tl.l ðl:lgh portions are deleted. Underlined portions are added. -2- Whispering Oaks CDD - Legal Description See Exhibit "A" attached hereto and incorporated herein. Section 1-6.5-187 Initial Board of Supervisors The following five persons are designated as the initial members of the Board of Supervisors of the Whispering Oaks Community Development District: Michael McArthur. Matt Abbott. Todd White. Chandler Aden and Todd Stephens. Section 1-6.5-188. Powers The Whispering Oaks Community Development District shall have all those general powers granted pursuant to Section 190.011. and those special powers granted pursuant to Section 190.012 (1) and (3), Consent is hereby given to the District to exercise those owers relatin to Recreation and Securi contained in Section 190.012 2 a and d subject to the following limitations. 1 The Whispering Oaks Community Development District shall not provide water or wastewater service to the lands located within or outside the boundaries of the District. £ The Whispering Oaks Community Development District shall not be authorized to construct fire stations or provide for fire trucks or other vehicles and equipment related thereto. ~ The Whispering Oaks Community Development District shall not be authorized to provide mosquito control services within or without the boundaries of the District. 4. The Whispering Oaks Community Development District shall not be authorized to provide solid waste collection or disposal services within or without the boundaries of the District without the consent of the County. 5. The Whispering Oaks Community Development District shall not condemn property outside the boundaries of the district. $tl tiel! tl.l'ðl:lgl. portions are deleted. Underlined portions are added. -3- Section 1-6.5-189. Special Conditions 1 The Whispering Oaks Community Development District will use its best efforts to develop in an integrated fashion the traffic circulation. water. and sewer facilities on the district property as one functional interrelated community. 2. The Whispering Oaks Community Development District shall take no action which is inconsistent with the comprehensive plan. ordinances or regulations of St. Lucie County. ~ No publicly owned property that may be located or acquired within the legal description of this Community Development District shall be assessed for. or obligated in any way to pay for the infrastructure constructed. maintained. or operated by the Community Development District described in section 1.6-5.151 above. 4. The Whispering Oaks Community Development District shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the district. Such information shall be made available to all existing residents and to all prospective residents of the district. The district shall furnish each developer of a residential development within the district with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy. and any developer of a residential development within the district. when required by law to provide a public offering statement. shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement. 5. Following the establishment of the Whispering Oaks Community Development District. as provided for in Sections 1-6.5-159 and 1-6.5-160 above. each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the District shall include immediately prior to the space reserved in the contract for the signature of the purchaser the following disclosure statement in boldfaced and conspicuous type which is larger than the type in the remaining text of the contract: "THE (Name of District) COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS. OR BOTH TAXES AND ASSESSMENTS. ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION. OPERATION. AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN :':t, t!elt thf'ðl:lgh portions are deleted. Underlined portions are added. -4- ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. Ctrl::lel¡ tl,Pð\:l;go¡ portions are deleted. Underlined portions are added. -5- PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Charles Grande AYE AYE ABSENT AYE NAY PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances. oJ St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "ar,t¡~rk or other appropriate word, and the sections of this ordinance may be rep4r11í:sired or relettered to accomplish such intention; provided, however, that Parts B t,tí"~óG~'h H.shall not be codified. . . " PASSED AND DULY ADOPTED this 17th day of April, 2007. APPROVED ~.TO.. F.O. RM AND CORRECTNES /' / '. í) 1· ··v· .I ,.- / ,--,"o¡ ;, " ," ) / It' /.", -, <""',' /' ,v', County A i &tpl:ieh tlc1l 5~~k portions are deleted. Underlined portions are added. -6- EXHIBIT "A" LEGAL DESCRIPTION WHISPERING OAKS COMMUNITY DEVELOPMENT DISTRICT Legal Description: That part of the Southwest quarter of Section 3. Township 35 South. Range 39 East. lying east of the East Right-of-Way line of the Sunshine State Parkway. Less and excepting the North 789.35 feet thereof and also less and excepting the canal and road Rights-of-Ways of record. Together with: The Southeast 1/4 of Section 3. Township 35 South. Range 39 East. lying West of the East section line. by occupation. less all canal rights of way. all lying and being in St. Lucie County, Florida. Stpl:leh tl.l ðl:lgk portions are deleted. Underlined portions are added. -7-