BY COMMISSIONER                                                                                                                                  ORDINANCE NO.

AN ACT TO BE ENTITLED

AN ORDINANCE AMENDING ORDINANCE NO. 00-16 TO EXPAND THE BOUNDARIES OF THE MEADOW POINTE III COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES, DESCRIBING THE EXPANDED BOUNDARIES OF THE DISTRICT; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, the Meadow Pointe III Community Development District (District) boundaries were established pursuant to Ordinance No. 00-16; and,

WHEREAS, the Board of Supervisors of the District has petitioned the Pasco County Board of County Commissioners (County) to amend Ordinance No. 00-16 as to expand the boundaries of the District; and,

WHEREAS, Wesley Chapel Lakes, Ltd., as owner of the land presently within the District and owner of the land within the proposed expansion area, has consented to the expansion of the District as requested in the petition; and,

WHEREAS, the County finds that the expansion of the District is not inconsistent with any applicable element or portion of the State of Florida Comprehensive Plan or the Pasco County Comprehensive Plan; and,

WHEREAS, the County finds that the area of land within the District, including the proposed expansion area thereof, is the best alternative available for delivering the community development services and facilities to the area that will be served by the District; and,

WHEREAS, the County finds that the community development services and facilities of the District, including the proposed expansion thereof, will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and,

WHEREAS, the County finds that the area that will be served by the District is amendable to separate special-district government; and,

WHEREAS, the County finds that a Community Development District does not substitute for a homeowners' association; therefore, the creation of a homeowners' association shall be required prior to the record platting on each phase within the development; and,

WHEREAS, the County finds that the numbers of residential units planned within the expanded district may require community facilities to be used to accommodate the establishment of a polling place by the Pasco County Supervisor of Elections; and,

WHEREAS, the County finds that the District, including the proposed expansion area thereof, will constitute a timely, efficient, effective, responsive, and economic way to deliver community development services in the area, thereby providing a solution to the County's planning, management, and financial needs for delivery of capital infrastructure therein without overburdening the County and its taxpayers.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pasco County, Florida, as follows:

  EXPANSION OF DISTRICT BOUNDARIES.

The boundaries of the District are hereby expanded to include the land more particularly described on Exhibit A attached hereto.

  SEVERABILITY.

It is declared to be the intent of the County that if any section, subsection, sentence, clause, or provision of this ordinance shall be declared invalid, the remainder of this ordinance shall be construed as not having contained such section, subsection, sentence, clause, or provision, and shall not be affected by such holding.

    1. EFFECTIVE DATE.

A certified copy of this ordinance shall be filed in the Office of the Secretary of State by the Clerk to the Board within ten (10) days after adoption of this ordinance, and shall take effect upon filing with the Office of the Secretary of State, per Chapter 125.66, Florida Statutes.

ADOPTED this day of , .

(SEAL) BOARD OF COUNTY COMMISSIONERS

OF PASCO COUNTY, FLORIDA

ATTEST:

 

BY:   ___________________________________                   BY:     ________________________________________
       
JED PITTMAN, CLERK                                                          ANN HILDEBRAND, CHAIRMAN

 

APPROVED AS TO LEGAL FORM AND SUFFICIENCY

Office of the County Attorney

BY:  ___________________________________
ATTORNEY