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Home My WebLink About06-014 ORDINANCE NO. 06-014 AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; EST ABLISHING THE CELEBRA nON POINTE COMMUNITY DEVELOPMENT DISTRICT; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING POWERS; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF ST ATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND SETTING FORTH THE VOTE ON ADOPTION. WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: I. 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. Mercedes Homes, 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(l)(a), Florida Statutes. 3. In accordance with Section 190.005(l)(d) and 2(b), Florida Statutes, the Board held a public hearing on May 16, 2006, after publishing notice of such hearing in the Tribune on April 19 and 26 and May 3 and 10, 2006; 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: (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 goverrunent comprehensive plan; &tPl::l~¡ thl"ðl::l~" portions are deleted. Underlined portions are added. -1- EDWIN M. FRY. Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 286938505130/2006 at 09:48 AM OR BOOK 2575 PAGE 692 . 697 Doc Type: ORDN RECORDING: $52.50 G'\ATTY\ORDNANCE\2006\06-14 rev (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 goverrunen1. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of S1. Lucie County, Florida: PART A. ARTICLE XII OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, AS AMENDED TO READ: ARTICLE XIV "CELEBRATION POINTE" COMMUNITY DEVELOPMENT DISTRICT": Section 1-6.5-159. Established: name The Celebration Pointe Community Development District is herebv established. Section 1-6.5-160. Boundaries The boundaries of the Celebration Pointe Community Development District are as set forth in the legal description below. Celebration Pointe CDD - Legal Description See Exhibit "A" attached hereto and incorporated herein. Section 1-6.5-161 Initial Board of Supervisors The following five persons are designated as the initial members of the Board of Supervisors of the Celebration Pointe Community Development District: Robert M. Kush. Ken MitchelL James L. Sigmund. Rob Smithwick. and Kevin Gillen. Etrtlel¡ thF'8l::1!:JFl portions are deleted. Underlined portions are added. -2- G'\ATTY\ORDNANCE\2006\06-14 rev Section 1-6.5-162. Powers The Celebration Pointe 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 (I) and (3). Consent is hereby given to the District to exercise those powers relating to Recreation and Security contained in Section 190.012 (2)(a) and (d)' subiect to the following limitations. L The Celebration Pointe Community Development District shall not provide water or wastewater service to the lands located within or outside the boundaries ofthe District. 2. The Celebration Pointe Community Development District shall not be authorized to construct fire stations or provide for fire trucks or other vehicles and equipment related thereto. Section 1-6.5-163 Special Conditions L The Celebration Pointe 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 communitv. 2. The Celebration Pointe Community Development District shall take no action which is inconsistent with the comprehensive plan. ordinances or regulations of St. Lucie County. 3. No publicly owned property that mav be located or acquired within the legal description of this Community Development District shall be assessed for. or obligated in any wav to pav for the infrastructure constructed. maintained. or operated by the Community Development District described in section 1.6-5.151 above. 4. The Celebration Pointe 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 bv the district. Such information shall be made available to all existin~ 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 copv. and anv developer of a residential development within the district. when required bv law to provide a public offering statement. shall include a copv of such information relating to the public financing and maintenance of improvements in the public offering statement. StF'l:Ielt tkp8l::1~h portions are deleted. Underlined portions are added. -3- G,\ATTY\ORDNANCE\2006\06-14 rev ~ Following the establishment of the Celebration Pointe 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 ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." PARTB. 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 ofthis 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. PARTE. 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. PARTF. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. &tp\;Ieh trlr8t1gh portions ore deleted. Underlined portions are added. -4- G'\ATTY\ORDNANCE\2006\06-14 rev PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Douglas Coward Vice Chairman Chris Craft Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Frannie Hutchinson AYE AYE AYE AYE ABSTAINED PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this 16th day of May, 2006. ~ BY: .~. ~'-.~ ..;'~\.ìJ:····-<:I BOARD OF COUNTY CQMMBšIONÐR.$ ;. ~ '- ,'> ., ,,', ST. LUCIE CO NTY, LORIDA' i.:,\ì.J. lf~' . (¡, ¡. ~.,p ---=: .\' .,- ';',_ -'~'h " ~-;ì -'-"', ''-'r'' t-. / ~'l" ~_ ,:~:";;-r -., ';<" ¡;".,*,Z;'¿¡'w' "'.. "(0 '&."" -,.,.~~'"". "','. -t~~,;~-:L~~:.~.4ii·:,:jf:r -.':;~p~~ <~~,¡j:',;':.t.~t--·¡" £tpl:leh tkl'el:lgk portions are deleted. Underlined portions are added. -5- G,\ATTY\ORDNANCE\2006\06-14 rev EXHIBIT "A" Parcell: The Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 LESS the West 40 feet for right-of-way and LESS canal right-of-way, Section 18, Township 35 South, Range 40 East. Parcel 2: The East 1/2 of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4 lying West of Canal 29, in Section 18, township 35 South, Range 40 East. Parcel 3: The South 330.42 feet of the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4, LESS the north 97.32 feet of the West 143 feet of the East 163 feet AND the South 330.52 feet of the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 and the North 1/4 of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 and the North 1/4 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 18, Township 35 South, Range 40 East LESS road right-of-way. Parcel 4: The South 1/4 of the Northwest of the Northeast 1/4 of the Southwest 1/4 and the South 1/4 of the Northeast 1/4 of the Northwest 1/4 of the Southwest 1/4 AND the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4, LESS the South 330.52 feet and LEss a Tract 143 feet x 207.28 feet and the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 LESS the South 330.52 feet of Section 18, Township 35 South, Range 40 East, LESS road right-of-way. Parcel 5: The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4, LESS canal right-of- way, and the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4, LESS the East 40 feet and Southwest 1/4 and the North 1/4 of the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 LESS the North 30 feet of the East 5 feet of Section 18, Township 35 South, Range 40 East. Parcel 6: The North 3/4 of the West 1/2 of the Northwest 1/4 of Section 18, Township 35 South, Range 40 East, Less and Except the West 40 feet for road right-of-way and Less and Except Road and Canal rights-of-way. ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA.