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Home My WebLink About06-016 ORDINANCE NO. 06-016 AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; ESTABLISHING THE W A TERSTONE 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 St. 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. Port Richey Village Investments, LLC, 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(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 government comprehensive oh~' THE CIRCUIT coURT C\.ERK of £tptteh fl.! ctlgh portions are deleted. ~\N M fR't,Jr"Nrt" PJt/I Underlined Portions are added. E~\I,¡T \.UCIE <?~~nI2Q06 at 09"~ T'ge' oRoN S~ 869386 ""'- 698 - 703 -1- fILE # \0575 pp.GE DR BOD NG' $52.50 RECORD1 . (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 goverrunent. 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 DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, AS AMENDED TO READ: ARTICLE XIV "WATERSTONE" COMMUNITY DEVELOPMENT DISTRICT": Section 1-6.5-159. Established: name The Waterstone Community Development District is hereby established. Section 1-6.5-160. Boundaries The boundaries of the Waterstone Communitv Development District are as set forth in the legal description below. Waterstone CDD - Legal DescriDtion 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 Waterstone Community Development District: John C. Bower. Craig Edwards. Scot! Nickle. Jon Mot! and Randall A. Cave. Strt:l~h t"l"ðl;~h portions are deleted. Underlined portions are added. -2- Section 1-6.5-162. Powers The Waterstone Communitv Development District shall have all those general powers granted pursuant to Section 190.0 II. and those special powers granted pursuant to Section 190.012 (]) and (3). Consent is herebv 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 Waterstone Community Development District shall not provide water or wastewater service to the lands located within or outside the boundaries of the District. 2. The Waterstone 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 Waterstone 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 Waterstone Community Development District shall take no action which is inconsistent with the comprehensive plan. ordinances or re~ulations of St. Lucie County. ¿ No publiclv owned propertv that mav be located or acquired within the legal description of this Community Development District shall be assessed for. or obligated in anv wav to pay for the infrastructure constructed. maintained. or operated by the Community Development District described in section 1.6-5.151 above. 4. The Waterstone 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 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 DrosDective initial purchaser of propertv in that development with a copv. and any 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. ~ Following the establishment of the Waterstone 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 Stpl:Je.h tkf'"tt~k portions are deleted. Underlined portions are added. -3- District shall include. immediatelv 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." 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. Ifthis 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 be and 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. Srfl:ldt tkfðl;l:!JM portions are deleted. Underlined portions are added. -4- PARTG. 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 . AYE PART H. CODIFICA nON. 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 codifi;;~b"~!'¡' PASSED AND DULY ADOPTED this 16th day of May, 2006. . ~,~~~~~tJd~;;:!$,,-ç" .' iF.;,," \! ..f!", .j!. BOARD OF COUNTY COMMìS&I~~~~J'/~'A"~ ST. LUCIE CO NTY LORIDA 1'..0\ ¡ il')!~ ~'...' . , \ '--..... _I'c--..........¡...... :t,., ~\.' ~;..Ji't...:'·:t < ""3'".",. . v ;~"':"~C~;;4'~~ :"<~,A\, .P <,/ 1~ ;:Þ ": Chairma ¥ ~ . ",..",,;"' . . ..,. . APPROVÈp AS TO FORM AN~'> ' CORRE~ BY: 5tptlelt tRPðtl~R portions are deleted. Underlined portions are added. -5- EXHIBIT "A" The North 1/2 ofthe NW 1/4 of Section 14, Township 34 South, Range 39 East, St. Lucie County, Florida, LESS AND EXCEPT the South 50 acres thereof, and LESS AND EXCEPT the East 80 feet and the West 95 feet thereoffor road and canal rights of way. TOGETHER WITH: The SW 1/4 of Section II, Township 34 South, Range 39 East, St. Lucie County, Florida, LESS AND EXCEPT the East 80 feet and the West 95 feet thereoffor road and canal rights of way. TOGETHER WITH: The South 50 acres ofthe North 1/2 of the NW 1/4 of Section 14, Township 34 South, Range 39 East, St. Lucie County, Florida, LESS AND EXCEPT the East 80 feet and the West 95 feet thereof for road and canal rights of way. TOGETHER WITH: The N 1/2 of the N 1/2 of the SW 1/4 of the NW 1/4 and the N 1/2 of the N 1/2 of the SE 1/4 of the NW 1/4 and the S 1/2 of the NW 1/4 of the SW 1/4 ofthe NW 1/4 of Section 14, Township 34 South, Range 39 East; said land lying and being in St. Lucie County, Florida. LESS AND EXCEPTING therefrom the following described property: The East 1780 feet of that portion of the N 1/2 of the N 1/2 ofthe SW 1/4 ofthe NW 1/4; and the N 1/2 of the N 1/2 of the SE 1/4 of the NW 1/4; and the S 1/2 of the NW 1/4 of the SW 1/4 of the NW 1/4 of Section 14, Township 34 South, Range 39 East, St. Lucie County, Florida, lying west of the Fort pierce Farms Water Management District Canal Number 5, the said East 1780 feet being measured along the north and south lines of the above described parcel. Said lands lying and being in St. Lucie County, Florida, and containing 240.067 acres, more or less. £tpt:l~11 fl.l ðl;:~h portions are deleted. Underlined portions are added. -6-