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City

ORDINANCE NO. OS-001

AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING THE MONTEREY/CONGRESS	COMMUNITY DEVELOPMENT DISTRICT; ESTABLISHING THE BOUNDARIES OF THAT DISTRICT; APPOINTING fflE 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   district   to  be  known  as the

Monterey/Congress Community Development Di.strict ("District"). in accordance with

• Section 190.005(2) , Florida Statutes; and

WHEREAS, the petition which is attached hereto as Exhibit "A" and made a prut

, ,hereof contains the information required in Section 190.005(9)(0), Florida Statutes; and

WHEREAS, a public hearing on the petition was conducted by the City

Commission on Januazy 4, 2005, at City Hall in accordance with the n,quirements of

Sections 190.005(2)(b) and 190.005 (l)(d), Florida Statutes; and

WHEREA.S, the City Commission has reviewed the six (6) factors set forth in

Section 190.00S(l)(e)  and the record of the public hearing held on January 4,  2005, in

making  its detennination  as  to  whether  to grant  or  deny the  establishment  of  the

Monterey/Congress Community Development District; and

WHEREAS, the City Commission has determined that:

I.	That all statements contained within the Petition have been found to be
true and correct.

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2.	That the creation of the District is not inconsistent with any applicable

element or portion of the State Comprehensive Plan or of the effective local government

comprehensive plan.

3.	That the land within the proposed District is of sufficient size, sufficiently

compact and sufficiently contiguous to be developable as one functional interrelated

community.

4.	That the creation of the District is the best alternative available for

delivering the community development services and facilities to the lands within the

District boundaries.

s.

That the proposed services and facilities to be provided by the District lll'e

not incompatible with the capacity and uses of existing local and regional community
services and facilities.

13	6.

That the area identified in the Petition is amenable to be included in the

proposed District; and

WHEREAS, the City Commission has determined that the creation of the

Monterey/Congress  Community  Development   District   would  be  consistent  with the

criteria for community development  districts  as set forth  in  the  Uniform  Community

Development District Act of 1980,Chapter 190, Florida Statutes;

NOW, TIR'REFORE, BE IT ORDAINE.D BY THE CITY COMMISSION

OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:

Section I.	Each Whereas clause set forth above is true and correct and herein

incorporated by this reference.

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Section 2.	In ac;cordance with th.e provisions of Chapter 190, Florida Statutes,

the City Commission of the City of Boynton Beach, Florida hereby establishes a

community development district as follows:
CREATION AND NAME:	There is hereby created a Community Development

District to be known as MONTEREY/CONGRESS COMMUNTY DEVELOPMENT

DISTRICT.
LEGAL DESCRIPTION: The legal description for the Con:unimity Development

District  is attached  hereto  and incorporated  herein by reference  in  attachment  2 to the

Petition which is attached  as  Exhibit "A"  to this Ordinance.   In addition, a map depicting

the land area to be serviced by the District is atbu:hed to this Ordinance as Exhibit "B"

and incorporated herein by reference.
BOARD OF SUPERVISORS: The initial Board of Supervisors are as follows.

Their tcnns, powers and duties are as described in Chapter 190, Florida Statues:

(a)	Harold Eisneacher

(b)	David Webber
(c)	Russell Barnes	,.
(d)	Michael DeBock	Ir
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(e)	Claudia Feldman

Section 3.	The Board of Supervisors shall have only such powers as set forth

in Florida Statutes 190.011 and 190.012.

Section 4.	That any individuals who purchase property in the District should

be advised of the existence of the District, as well as the costs associated with owning

property within the District.

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Section 5.

That all ordinances or parts of ordinances in conflict herewith be

and the same are bereby repealed.

Section 6.

Should any section or provision of this ordinance or portion hereof,

any paragraph, sentence, or word be declared by a court of competent jurisdiction to be

invalid, such decision shall not affect the remainder of this ordinance.

Section 7.
Section 8.

Authority is hereby granted to codify said oroinance.

This ordinan.ce shall become effective immediately upon passage.

FlRST READING this 	'!_ day of , lofloO,Df		, 2005.
SECOND		READING	and	FINAL	PASSAGE	this	_J_f2_	day	of 10		,200S.
11	CITY OF BOYNTON BEACH, FLORIDA

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