BY COMMISSIONER

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; DESCRIBING THE FUNCTIONS AND 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 a sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as a functional interrelated community; and,

WHEREAS, the County finds that the District is an alternative 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 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 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 the District's 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 potential 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. AUTHORITY

That there is hereby established the District which shall operate in accordance with the Community Development District charter as set forth in Subsection 190.006 through 190.041, including the special power provided by Section 190.012, Florida Statutes.

SECTION 2. DISTRICT NAME

There is hereby established a Community Development District situated entirely within unincorporated Pasco County, Florida, which District shall be known as the "Meadow Pointe IV Community Development District."

SECTION 3. EXTERNAL BOUNDARIES OF THE DISTRICT

The legal boundary of the District is provided in Exhibit A.

SECTION 4. FUNCTIONS AND POWERS

The District is limited to the performance of those specialized functions described in Chapter 190, Florida Statutes. In the exercise of its powers, the District shall comply will all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be served by the District. The District shall not have any zoning or permitting powers governing development. The District is required to obtain additional approval by resolution from the governing body of the County or municipality if a taking will occur beyond the stated external boundaries of the District. Per the petition, the District will exercise the following special powers and functions:

a. Construction and maintenance of roads (road maintenance may be assumed by the County if the road is part of the County's functional classified road network).

b. Installation of street lighting.

c. Construction of water and sewer facilities.

d. Construction and maintenance of stormwater drainage.

e. Installation and maintenance of landscaping and security facilities.

f. Construction and maintenance of recreational facilities.

SECTION 5. BOARD OF SUPERVISORS

The five (5) persons designated to serve as initial members of the District's Board of Supervisors are listed in Exhibit B.

SECTION 6. SEVERABILITY.

It is declared to be the intent of the Board of County Commissioners of Pasco County, Florida, 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 7. 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.

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