AN ACT TO BE ENTITLED
AN ORDINANCE TO RATIFY AND AFFIRM ORDINANCE NO. 02-05 WHICH EXPANDED 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 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, consented to the expansion of the District as requested in the petition; and,
WHEREAS, the County found that the expansion of the District was 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 found 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 found that the community development services and facilities of the District, including the proposed expansion thereof, would not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and,
WHEREAS, the County found that the area that will be served by the District is amendable to separate special-district government; and,
WHEREAS, the County found 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 found 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 found that the District, including the proposed expansion area thereof, would 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; and,
WHEREAS, on March 12, 2002, the County adopted Ordinance No. 02-05 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 and providing for severability and an effective date; and,
WHEREAS, the petitioner subsequently discovered after the March 12, 2002, public hearing that, due to an error by petitioner, the metes and bounds legal description in Exhibit "A" to the adopted ordinance inadvertently omitted the legal description for "Parcel G"; and,
WHEREAS, a copy of Exhibit "H" to the original Meadow Pointe III Community Development District petition accurately depicted the entire expansion area including the "Parcel G" area, but the legal advertisement for the ordinance, a copy of which is attached hereto as Attachment A, did not depict "Parcel G" area in its entirety; and,
WHEREAS, the same map used in the legal advertisement was presented to the County in connection with the adoption of the ordinance; and,
WHEREAS, on March 20, 2002, representatives for Wesley Chapel Lakes, Ltd., submitted a petition to the Growth Management Department, a copy of which is attached hereto as Attachment B, to attach the corrected metes and bounds legal description for "Parcel G" to Ordinance No. 02-05; and,
WHEREAS, staff reviewed the legal description for "Parcel G" and confirmed that this area was part of the petition for the expansion; and,
WHEREAS, the petitioner advised staff that the developer is still the owner of the entire "Parcel G" and that no sales have occurred to third parties; and,
WHEREAS, on April 2, 2002, the County approved the petition authorizing and directing the Clerk’s Office to attach the corrected legal description for "Parcel G" to Ordinance No. 02-05 with the condition that the petitioner, at his own expense, prepare and appropriately advertise a new ordinance ratifying and affirming Ordinance No. 02-05 and the boundaries of Meadow Pointe III Community Development District as expanded; and,
WHEREAS, on August 2, 2002, and August 14, 2002, the applicant provided appropriate notice of a public hearing for the adoption of the attached ordinance ratifying and affirming Ordinance No. 02-05 and the boundaries of the Meadow Pointe III pursuant to the Uniform Community Development District Act of 1980, Florida Statutes, Chapter 190; and.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pasco County, Florida, as follows:
SECTION 1. RATIFICATION AND AFFIRMATION OF DISTRICT BOUNDARIES AS DESCRIBED WITHIN ORDINANCE NO. 02-05.
The procedural errors referenced above regarding the notification and description of the expanded District boundaries have now been corrected.
The boundaries of the District, as previously established by Ordinance No. 02-05, are hereby affirmed and ratified to include the land more particularly described on Attachment C attached hereto.
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 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:
JED PITTMAN, CLERK ANN HILDEBRAND, CHAIRMAN
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
Office of the Pasco County Attorney
ATTORNEY