BY COMMISSIONER ____________________________                 ORDINANCE NO.  _____________

AN ACT TO BE ENTITLED

AN ORDINANCE ESTABLISHING THE MEADOW POINTE IV COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; SPECIFYING GENERAL AND SPECIAL POWERS OF THE DISTRICT; DESCRIBING THE BOUNDARIES OF THE DISTRICT; NAMING THE MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR THE ADMINISTRATION, OPERATION, AND FINANCING OF THE DISTRICT; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, Meadow Pointe General Partnership (the Petitioner) has petitioned the Pasco County Board of County Commissioners (the County) to adopt an ordinance establishing the Meadow Pointe IV Community Development District (the District) pursuant to Chapter 190, Florida Statutes; and,

WHEREAS, the County Finds that all statements contained in the Petition to Establish the Meadow Pointe IV Community Development District (the Petition) are true and correct; and,

WHEREAS, the County finds that the establishment 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, is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as a functional interrelated community; and,

            WHEREAS, the County finds that 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; and,

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

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

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

WHEREAS, the County finds that a disclosure statement about the District and funding must be furnished to all buyers, and contracts for sale of property within the District must contain information about the district; and,

WHEREAS, the County finds that the District 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:

SECTION 1.    CREATION.

That there is hereby established the Meadow Pointe IV Community Development District which shall operate in accordance with the Community Development District charter as set forth in Subsection 190.012, Florida Statutes.

                        SECTION 2.    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.

                        SECTION 3.    EFFECTIVE DATE.

                        A certified copy of this ordinance shall be filed with the Department of State by the Clerk to the Board within ten (10) working days after adoption of this ordinance, and shall take effect upon filing with the Department of State.

ADOPTED this _______ day of _______________, 20___.

(SEAL)                                                                                     BOARD OF COUNTY COMMISSIONERS

                                                                                                OF PASCO COUNTY, FLORIDA

ATTEST:

BY:  ___________________________                                  BY:  _______________________________

            JED PITTMAN, CLERK                                                                      CHAIRMAN

APPROVED AS TO LEGAL FORM AND SUFFICIENCY

Office of the County Attorney

BY:  ______________________________________

ATTORNEY