LEGAL APPROVAL
The City of BOYTlcon Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
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March 9, 2005
www.boynton-beach.org
Mr. Peter L. Pimentel, President
Special District Services, Inc.
11000 Prosperity Farms Road, Ste. 104
Palm Beach Gardens, FL 33410
RE:
For:
Location:
Monterey/Congress Community Development District
Establishing the Monterey/Congress Community Development
East side of Congress Avenue, just north of the L.W.D.D. Canal L-30
Dear Mr. Pimentel:
Enclosed is the City of Boynton Beach Ordinance 05-001 which represents approval for the
establishment of a Community Development District (CDD) for the "Monterey/Congress". A
CDD is an independent district authorized by Chapter 190, Florida Chapter, for the purpose of
planning, constructing, acquiring, operating and maintaining infrastructure in large planned
community developments. The Monterey/Congress CDD was approved by the City Commission
on January 18, 2005. The assignment of maintenance responsibilities between the City and the
CDD will be listed in the plat documents.
Should you have any questions regarding this matter, please contact this office at
(561) 742-6260.
Sincerely,
~ichael W. Rumpf
Director of Planning & Zoning
MWR;pat
Ene. Ordinance No. 05-001
S:\Planning\SHARED\WP\SPECPROJ\CDD\CDD\Approval Fonn Letter after CC new -CDD Monterey.Congress.doc
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13 City
ORDINANCE NO. 05-00'
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, ESTABLISHING THE
MONTEREY/CONGRESS COMMUNITY
DEVELOPMENT DISTRICT; ESTABLISHING THE
BOUNDARIES OF THAT DISTRICT; APPOINTING
THE INITIAL BOARD OF SUPERVISORS;
PROVIDING FOR POWERS OF THE BOARD;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, on July 29, 2004, Westbrooke Homes submitted a petition to the
for the creation of a community development 4istrict to be known as the
14 Monterey/Congress Community Development District ("District"), in accordance with
15 Section 190.005(2) , Florida Statutes; and
16 WHEREAS, the petition which is attached hereto as Exhibit "A" and made a palt
17 ;! hereof contains the information required in Section 1 90.005(9)(a), Florida Statutes; and
18 WHEREAS, a public hearing on the petition was conducted by the City
19 ! Commission on January 4, 2005, at City Hall in accordance with the requirements of
20 I Sections 190,005(2)(b) and 190.005 (1) (d), Florida Statutes; and
21 WHEREAS, the City Commission has reviewed the six (6) factors set forth in
22 Section 190.005(1)(e) and the record of the public hearing held on January 4, 2005, in
23 making its determination as to whether to grant or deny the establishment of the
24 Monterey/Congress Community Development District; and
25 WHEREAS, the City Commission has determined that:
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1.
That all statements contained within the Petition have been found to be
27 true and correct.
S:\CA\Ordlnances\Plannlng\CDD Monterey-Congress .doc
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2.
That the creation of the District is not inconsistent with any applicable
2 element or portion of the State Comprehensive Plan or of the effective local government
3 comprehensive plan.
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3.
That the land within the proposed District is of sufficient size. sufficiently
5 compact and sufficiently contiguous to be developable as one functional interrelated
6 community.
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4.
That the creation of the District is the best alternative available for
8 delivering the community development services and facilities to the lands within the
9 District boundaries.
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5.
That the proposed services and facilities to be provided by the District are
11 not incompatible with the capacity and uses of existing local and regional community
12 services and facilities.
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6.
That the area identified in the Petition is amenable to be included in the
14 proposed District; and
15 WHEREAS, the City Commission has determined that the creation of the
16 Monterey/Congress Community Development District would be consistent with the
17 criteria for community development districts as set forth in the Uniform. Community
18 Development District Act of 1980,Chapter 190, Florida Statutes;
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT;
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Section 1.
Each Whereas clause set forth above is true and correct and herein
22 incorporated by this reference.
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Section 2.
In accordance with the provisions of Chapter 190, Florida Statutes,
2 the City Commission of the City of Boynton Beach, Florida hereby establishes a
3 community development district as follows:
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CREATION AND NAME: There is hereby created a Community Development
5 District to be known as MONTEREY/CONGRESS COMMUNTY DEVELOPMENT
6 DISTRICT.
7 LEGAL DESCRIPTION: The legal description for the Community Development
8 District is attached hereto and incorporated herein by reference in attachment 2 to the
9 Petition which is attached as Exhibit "A" to this Ordinance. In addition, a map depicting
1 0 the land area to be serviced by the District is attached to this Ordinance as Exhibit "B"
11 and incorporated herein by reference.
12 BOARD OF SUPERVISORS: The initial Board of Supervisors are as follows.
13 Their terms, powers and duties are as described in Chapter 190, Florida Statues:
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(a)
(b)
(c)
(d)
(e)
Harold Eisneacher
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David Webber
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Russell Barnes
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Michael DeBock
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Claudia Feldman
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Section 3.
The Board of Supervisors shall have only such powers as set forth
20 in Florida Statutes 190.011 and 190.012.
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Section 4.
That any individuals who purchase property in the District should
22 be advised of the existence of the District, as well as the costs associated with owning
23 property within the District.
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Section 5.
That all ordinances or parts of ordinances in conflict herewith be
2 and the same are hereby repealed.
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Section 6.
Should any section or provision of this ordinance or portion hereof,
4 any paragraph. sentence, or word be declared by a court of competent jurisdiction to be
5 invalid, such decision shall not affect the remainder ofthis ordinance.
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Section 7.
Authority is hereby granted to codify said ordinance.
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Section 8.
This ordinance shall become effective immediately upon passage.
8 FIRST READING this ~ day of Ja..nua...ri ' 2005.
9 SECOND READING and FINAL PASSAGE this t 8 day of
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CITY OF BOYNTON BEACH, FLORIDA
2005.
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27 ATTEST:
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