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ORDINANCE 2004- 006

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA ESTABLISHING A COMMUNITY DEVELOPMENT DISTRICT OVER THE REAL PROPERTY LEGALLY DESCRIBED ON EXHIBIT  "A"  TO  THIS  ORDINANCE  COMPRISING  OF

8		APPROXIMATELY 175.809 ACRES: NAMING OF THE INITIAL	
9	ii	MEMBERS OF THE BOARD; ESTABLISHING THE NAMING OF	
IO I		THE DISTRICT AS TERRACINA COMMUNITY DEVELOPMENT	
II	I	DISTRICT; DESIGNATING THE PURPOSE OF THE DISTRICT;	
12	I!	DESIGNATING THE POWERS OF THE DISTRICT; PROVIDING	
13	11	FOR SEVERABILITY; PROVIDING FOR REPEAL OF LAWS IN	
14	1i	CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.	

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WHEREAS, the Florida Legislature created and amended Chapter 190, Florida Statutes to provide an alternative method to finance and manage basic services for community

! development; and
I	WHEREAS, D. R. Horton, Inc. a Delaware Corporation ("Petitioner''), has petitioned Palm
I Beach County, Florida (the "County"), to grant the establishment of the Teracina Community
11. Development District (the "District"); and

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WHEREAS, a public hearing has been conducted by the Board of County Commissioners of Palm Beach County, Florida (the "Board"), in accordance with the requirements and procedures of Section 190.005(1){d), Florida Statutes; and
WHEREAS, all statements contained within the petition have been found to be true and correct; and
WHEREAS, the creation of the District is not inconsistent with any applicable element or I
portion of the effective Palm Beach County Comprehensive Land Use Plan, as amended; and
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WHEREAS, the area of land within the District is of sufficient size, is sufficiently compact :

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and is sufficiently contiguous to be developable as one functional interrelated community; and	i WHEREAS, the creation of the District is the best alternative available for delivering the community development services and facilities to the area t_hat will be served by the District; and WHEREAS, the District will constitute a timely, efficient, effective, responsive and
economic way to deliver community development services in the area; and
WHEREAS, the proposed services and facilities to be provided by the District will be compatible with the capacity and uses of existing local and regional community development services and facilities; and
WHEREAS, the area that will be served by the District is amenable to separate special

38 ii district government; and
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WHEREAS, the District desires to levy special assessments on purchasers of benefited

40 ii land within the District to pay for infrastructure constructed and/or acquired by the District; and

I	WHEREAS, the District shall acquire or construct potable water and wastewater facilities
ll  in accordance with the County's Water Utilities Department's standards and procedures to
•I  enable the County to provide potable water and wastewater services to the District; and
WHEREAS, the District does not have any zoning or development permitting power and
the establishment of the District is not a development order; and

ii	WHEREAS, all applicable planning and permitting laws, rules, regulations and policies .
lj  control the development of the land to be serviced by the District; and
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i	WHEREAS, the Board has considered the record of the public hearing and has decided i
!I  that the establishment of the District is the best alternative means to provide certain basic :
ii services to the community; and
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II	WHEREAS, the Board finds that the District shall have the general powers described in•
II Section 190.011, Florida Statutes.
II	WHEREAS, the exercise by the District of any powers other than the powers set forth in
II  Sections 190.011 and 190.012(1), Florida Statutes, shall require consent by the Board of
II County Commissioners of Palm Beach County by ordinance or resolution.
NOW,	THEREFORE,	BE	IT	ORDAINED	BY	THE	BOARD	OF	COUNTY •

17	COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA:		
18	Section 1. ESTABLISHING A COMMUNITY DEVELOPMENT DISTRICT:		
19	The Petition to establish the Terracina Community Development District over the real		
20	property described in Exhibit "A" attached hereto, which was filed by D. R. Horton, Inc. on		
21	January 9, 2004 and which Petition is on file at the Office of the County Administrator, is hereby		
22	granted.		
23	Section 2. The external boundaries of the District shall be as depicted on the location		
24	map attached hereto and incorporated herein as Exhibit "B."		
25	Section 3. NAMING OF THE INITIAL MEMBERS OF THE BOARD:		
26	The initial members of the Board of Supervisors shall be as follows:		
27	Anthony Palumbo		
28	Candice Sharpsteen		
29	Michael Humphries		
30	Paul Romanowski		
31	A Robert Tessar, Jr.		
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33	Section 4. ESTABLISHING THE NAMING OF THE DISTRICT:		

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The name of the District shall be "Terracina Community Development District."	

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Section 5. DESIGNATING THE PURPOSE OF THE DISTRICT:
The District is created for the purposes set forth in and prescribed in the petition.
Section 6. DESIGNATING THE POWERS OF THE DISTRICT:

I I	The Board hereby grants to the District all general powers authorized pursuant to

Section 190.011, Florida Statutes, and hereby finds that it is in the public interest of citizens of
the County to grant such general powers.

!!	Section 7. Notwithstanding Section 6 as set forth hereinabove, Petitioner, as the
contract purchaser or the District, shall enter into a Standard Potable Water and Wastewater

j  Development Agreement with the County for the provision of water and wastewater facilities.
I Petitioner shall pay all fees and charges as set forth in said Agreement and shall abide by all
ii terms and conditions therein including, but not limited to, constructing or acquiring the water and

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II wastewater facilities in accordance with the Water Utilities Department's Uniform Policies and
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Procedures; providing the County with appropriate easements for said facilities; and providing
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the County with a deed to said water and wastewater facilities at no cost to the County.  Palm I
Beach County's Water Utilities Department shall operate and maintain said water and wastewater facilities and provide water and wastewater service upon receipt of all fees and charges, upon completion of construction and upon receipt of said deed.
Section 8. Pursuant to Section 190.004(4), Florida Statutes, the charter for the District shall be Sections 190.006 through 190.041, Florida Statutes, including the special powers
provided by Section 190.012(1), Florida Statutes. The exercise by the District of powers set
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forth in Section 190.012(2) shall require consent by the Board of County Commissioners. Such '
consent shall only be provided by resolution or ordinance after specific petition to the Board.   I
Section 9.	The District is solely responsible for the implementation of special

2I II assessments upon benefited property within the District's internal boundaries. The Petitioner, its
II  successors and assignees shall provide notice of said special assessments to all prospective •
ii purchasers of said property.
II	Section 10. The Petitioner, its successors and assignees shall provide full disclosure of .
II the public financing and maintenance of improvements undertaken by the District. This I,
II  disclosure shall include a statement 'in bold print that special assessments imposed by the I,
II District will appear in the tax bill.	This disclosure shall meet the requirements of Section I;
II 190.048, F.S., as amended from time to time, and shall be included in every contract for sale
II  and in every recorded deed from the Petitioner.  The District shall record a notice of
II assessments in the Public Records both before and after any Bond saie.
II	Section 11. The Petitioner, its successors and assignees shall disclose the fact that the
II development is located in a special taxing district and that a special assessment will be
II assessed on the tax roll against all property owners within the District. This information shall be
II  in BOLD type in any sales brochures, in any sales information, on the front page of the

Declaration of Restrictive Covenants creating the Property Owner Association or Homeowner

Association, and on a 24" by 36" sign which shall be posted at all times at the entrance to the
sales office of the development providing the following disclosure:

:i	"If you purchase a unit in this development you will be subject to additional costs. A
special assessment and or taxes will be added to your tax bill.  This non-advalorem tax

Ii  assessment will be in addition to all other property taxes and assessments.	This cost is 1
ii  estimated at$ 80.00 per month or $960.00 per year and will be levied to pay debt service on the
II bonds issued by the District."

Section 12.

The Petitioner, its successors and assignees shall provide all the

IO II disclosure statements required in Sections 10 and 11 above in a separate page as part of the 1 I I II contract for purchase and sale of property within the District. The potential purchaser must sign 12 II this page.

Section 13.

An affidavit of compliance shall be submitted annually to Palm Beach

II County Monitoring Section beginning on November 1, 2004 until all units have been sold,
I'I outlining the number of units sold, providing samples of the documents used in the closing
II process and certifying compliance with the disclosure requirements contained in this ordinance.
II  The County shall have the right to audit the records of the Petitioner, its successors and

II  assignees upon 10 days written notice to verify the compliance with the disclosure requirements
II  of this ordinance. Failure to comply with the disclosure requirements in this ordinance shall be a
II violation of a county ordinance and shall be punishable as provided by law, including but not
II limited to enforcement procedures established in Article 14 of the Unified Land Development
11  Code.
II	Section 14. PROVIDING FOR SEVERABILITY:

II	If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any
II reason held by any court of competent jurisdiction to be unconstitutional, inoperative or void,_
II such holding shall not affect the remainder of this Ordinance.
Section 15.	REPEAL OF LAWS IN CONFLICT:

II	All local laws and ordinances applying to Palm Beach County in conflict with any
II provision of this Ordinance are hereby repealed to the extent of the conflict.

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I	Section 16.	PROVIDING FOR AN EFFECTIVE DATE:

2	This ordinance shall take effect upon filing with the Department of State.
3	APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach

,CH COUNTY, FLORIDA, BY ITS OlfCQ..UNTY--£_OMMISS)ONERS

4 ;	County, Florida, on this ....lfi_ day of	March
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5	ATTES T:	 /o�-�_kT.. '(. __•p.111,,,, _
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By:c.-, .,.-4..•	-t»	e-x£--·4>,,\·:,f\
Deputy Clerk�:	>5-- :CJ)�

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APPROVED AS TO FC�AN._°	��ff

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LEGAL SUFFICIENCY )1•�¥4._,_-­

14 !I By:
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20 !I EFFECTIVE DATE: Filed with the Department of State, State of Florida, on the --1.2_ day of
21	March	2004 at ---	m.

EXHIBIT A

LEGAL DESCRIPTION
TERRACINA COMMUNITY DEVELOPMENT DISTRICT

Legal Description:
A portion of Blocks 5 and 6 including the platted rights-of-way contained therein, "Palm Beach Farms Company Plat No. 3," as recorded in Plat Book 2, Pages 45 through 54, Inclusive, of the Public Records of Palm Beach County, Florida, being more particularly described as follows:
COMMENCING at the intersection of the centerline of Cleary Road with the centeriine of Westport Road, as shown on "WESTPORT INDUSTRIAL PARK," according to the Plat thereof, as recorded in Plat Book 49, Page 49, of said Public Records; thence North 89°01'06" East, along said centerline of Westport Place, a distance of 40.00 feet to the East Right-of-Way line of said Cleary Road; thence North 00°58'54" West, departing said centerline and along said East Right-of-Way line and the Northerly prolongation thereof, a distance of 344.97 feet to the South line of said Tract 31, of said Block 5, and the POINT OF BEGINNING; thence; continue North 00°58'54" West, a distance of 250.27 feet to a point of curvature of a curve to the left, having a radius of 590.00 feet; thence Northerly, along said curve, through a central angle of23"32'25", a distance of242.40 feet to a point of tangency; thence North 24"31'19" West, a distance of 382.17 feet to a point of curvature of a curve to the right, having a radius of 510.00 feet; thence Northerly, along said curve, through a central angle of 53°16'42", for an arc distance of 474.24 feet to the point of tangency; thence North 28°45'23" East. a distance of 253.48 feet to a point of curvature of circular curve to the right, having a radius of 435.00 feet; thence Northeasterly, along said curve, through a central angle of 39°28'26", for an arc distance of 299.69 feet to a point of tangency; thence North 68°13'49" East, a distance of 976.22 feet to a point of curvature of a curve to the left, having a radius of 340.00 feet; thence Northeasterly, along said curve, through a central angle of 69"10'29", for an arc diStance of 410.49 feet to a point of tangency; thence North 00°56'40" West, a distance of
301.77 feet to the North line of Tract 9, said Block 5; thence North 89°03'03" Easl along the North line of Tracts 8 and 9, of said Block 5, a distance of 332.16 feet to the Northeast comer of West half of said Tract 8; thence South 00"57'38" East, along the East line of the·said West half, a distance of 660.84 feet to the Southeast comer of the said West half; thence North 89"03'03" East. along the South line of said Tracts 5 through 8, of said Block 5, a distance of 1635.02 feet; thence South 00°56'5T East. a distance of 352.55 feet to a point of curvature of a circular curve to the left, having a radius of 475.00 feet; thence Southerly along the arc of said curve, through a central angle of 14"06'06", for an arc distance of 116.91 feet; thence North 89°03'03' East, a distance of 544.05 feet; thence North 03°13'49" West, a distance of 468.65 feet; thence North 89°03'03" East. along the South line of said Tract 5, of said block 5, a distance of 25.02 feet to the West Right-of-Way Line of Jog Road, according to the Right-of-Way deed, recorded in Official Records Book 7188, Page 378, of said Public Records; thence South 03°13'49" East departing the South line of said Tract 5, and along the said West Right-of-Way line, a distance of 883.70 feet; thence S.10"15'57" W., a distance of 51.42 feet; thence S. 03"13'49" E., a distance of 300.00 feet; thence N. 86"46'11" E., a distance of 12.00 feet; thence South 03"13'49" East. along said West Right-of-Way line, a distance of 152.44 feet to a point of curvature of a curve to the light, having a radius of 33154.59 feet; thence Southerly, along said curve, continuing along said Right-of-Way line, through a central angle of 00"36'52", for an arc distance of 355.54 feet to the Northeast comer of Parcel D1, according to the Right-of-Way deed, recorded in Official Records Book 7188, Page 496, of the said Public Records; thence South 89"03'03" West, along the North line of said Parcel D1, departing said West Right-of-Way line, a distance of 443.67 feet to the Northwest comer of said parcel; thence South 00"56'57" East, along the West line of said Parcel D1, a distance of 250.00 feet to the Southwest comer of said Parcel; thence North 89"02'42" East, along the South line of said Parcel D1, a distance of 450.00 feet to the Southeast comer of said Parcel D1, being a point on the said West Right-of-Way line of said Jog Road, said Right-of-Way line being a curve concave Westerly, having a radius of 33154.59 feet and whose radius point bears South 87"48'58" West; thence Southerly, along said curve, and said Right-of-Way line, departing said Parcel line, through a central angle of 00·02·04•, for an arc distance of 20.00 feet to the South line of Tracts 36, said Block 5; thence South 89"02'42" West, along the South line of Tracts 31 through 36, of said Block 5, departing said Right-of-Way line a distance or3908.91 feet to the POINT OF BEGINNING.

Said lands contain 175.809 acres, more or less.
(BEARINGS SHOWN HEREON, ARE BASED UPON THE STATE PLANE COORDINATE SYSTEM TRANSVERSE MERCATOR FLORIDA EAST ZONE. 1983 PROJECTION, WITH THE NAO 1990 ADJUSTMENT AS ESTABLISHED BETWEEN G.P.S. CONTROL STATIONS "PBF13" AND "PBF-14" HAVING A GRID BEARING OF S. 01'40"37" E.).

Petition - Exhibit 2

EXHIBIT B

LOCATION MAP
TERRACINA COMMUNITY DEVELOPMENT DISTRICT

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'.;'0.,.tructform: Florid•'• Department of State, Bureau of Admlnlatratlve Code haa
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We request your cooperation In completing thla coding form. It la to be completed whenever your county enacts a new ordinance. Slmply complete this form and Include It With oth·er pertinent ordinance Information that la submitted to the Bureau of Administrative Code.
To code thla form properly, please refer to ttie "keyflelda• description aheet that haa been given to your County Attorney's Office. If you do not have thla aheet please contact the Bureau, We WIii be happy to fax·on• to you for referencing purposes. Please flll out thla form aa complet&iy as la pos.lble.	•
Thank you for your assistance. Should you need further assistance please contact the Bureau of Administrative Code, Department of State at (904)-488 8427 or Suncom 278-8427.

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Attachment 1. Staff Report

COMMUNITY DEVELOPMENT DISTRICT PETITION CONSISTENCY REVIEW

MOTION:	To recommend granting the proposed petition.

Gustavo· A. Goya, Planner I

Project Manager:

Item Before the Board: To hold a public hearing to grant or deny a petition to establish a Community Development District pursuant to Chapter 190, Florida Statutes
Meeting Date:	BCC Public Hearing, March 16, 2004

Terracina Community Development District

Proposed Name:

I.	REVIEW SUMMARY
BACKGROUND
Chapter 190, F.S., also known as the "Uniform Community Development District Act of 1980" (the Act), contains criteria for establishing, assigning powers, and providing limits to the operation and duration of independent districts in order to manage and finance basic community development services. The Act indicates that proposed Community Development Districts (CDDs) of less than 1,000 acres shall be created by County ordinance based upon a determination of applicable facts, as established in the Act.
Initially, the BCC expressed concern over the establishment of CDDs citing unease over limited disclosure requirements and the use of CDD funds for offsite improvements. In response to these concerns, the BCC held a workshop on CDDs on September 24, 2002. At the end of the workshop, the Board provided explicit direction to staff to limit the approval of CDDs to non­ residential projects and to include additional and detailed disclosure requirements in the adopting ordinance of CDDs allowed by the Board, and to monitor the implementation of the disclosures and any other conditions stipulated in the adopting ordinance through the Monitoring Section of the Planning, Zoning and Building Department. At a subsequent BCC Hearing held on October 21, 2003, the Board reviewed the establishment of two CDDs. Board members pointed out that disclosure requirements had been increased since the 2002 workshop to their satisfaction. The second concern of the Board, the use of the CDD to fund for offsite improvements, was also reviewed. It was understood that CDDs with offsite improvements would receive recommendations of denial from the Planning Department unless the developer pays off the improvements. In summary, the BCC gave direction to staff to continue reviewing CDD petitions on a case-by-case basis and to provide recommendations based on the merits of each petition, compliance with the disclosure conditions established by the BCC and no inclusion of offsite improvements as part of the obligations of future CDD residents.
THE PROPOSED COMMUNITY DEVELOPMENT DISTRICT
Petition Purpose and Summary
The purpose of the petition by D. R. Horton Inc. to establish the Terracina Community Development District is to finance, construct, operate and maintain surface water management,

water supply and wastewater facilities and other minor public improvements for a proposed residential development.

The COD petition is being processed concurrent with an application to establish a residential planned unit development on 175.809 acres located in the west side of Jog Road between Belvedere and Alexander Roads.

The complete text of the petition by D. R. Horton Inc. to establish the Terracina Community Development District can be viewed at the Planning Division or at the County Administration.

REVIEW OF THE FACTORS TO MAKE A DETERMINATION TO GRANT OR DENY THE PETITION AS SET FORTH IN CH. 190.005(1)(e)

Chapter 190.005(1)(e) indicates that the County Commission shall consider '1he entire record of the local hearing, the transcript of the hearing, resolutions adopted by local general-purpose governments... and the following factors and make a determination to grant or deny a petition for the establishment of a community development district''. The following is a review of those factors and the findings made by staff on each factor:

Whether all statements contained within the petition have been found to be true and correct.

The statements contained in the petition appear to be true and correct.

Whether the establishment of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan.

The establishment of the district is not inconsistent with the effective Comprehensive Plan of Palm Beach County. The Board has tightened the disclosure requirements to ensure that purchasers of units within CDDs are aware that they will have to pay a special fee. The Board also directed staff to recommend denial for CDDs that are funding offsite improvements, a situation not present in the Terracina petition.

Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community.

The area of land within the proposed District is part of a unified plan of development for which a development plan has been or will be approved by Palm Beach County. The land encompassing the proposed District is of sufficient size and is sufficiently compact and contiguous to be developed as one functional community. The County understands an interrelated community as one where people can live, work, shop, and recreate within the boundaries of that community. The proposed District, therefore, is not interrelated in as much as this interpretation. While inconsistent with the County's interpretation of this point, the proposed District does meet the other components and the general intent of this factor.
Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district.
The proposed District is one of the alternatives available for delivering services to the_area. The potable water and wastewater facilities will be donated at no cost to the County who will be responsible for operating those facilities. Alternatively, the District is a better option for operating stormwater and drainage facilities that are currently managed by homeowners

associations. The District is a more permanent entity required to operate under the government-in-the-sunshine laws, with applicable due process, disclosure and accountability, which make it more appropriate for the operation and maintenance of the District's stormwater and drainage facilities and other services in the future.
Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities.
The infrastructure services and facilities for the proposed residential planned unit development are compatible with the capacity and uses of existing County and regional infrastructure facilities.
Whether the area that will be served by the district is amenable to separate special­ district government.
The area served by the District is amenable to separate special district government per the above reasons, although the proliferation of special districts in the County may be of some concern in the future.
ASSESSMENT AND CONCLUSIONS
Chapter 190, Florida Statutes, states that the creation of a Community Development District (of less than 1,000 acres) shall be accomplished through the enactment of an ordinance after a public hearing of the applicable governing body, in this case Palm Beach County. The Statutes • require the County to make a determination to grant or deny the petition based on the factors analyzed on section C above, including consistency with the County's Comprehensive Plan, and considering the entire record of public hearing. The Planning Division, after reviewing the petition has found the petition. to be sufficient in that it is generally consistent with the statutory requirements as well as the policy direction of the BCC in allowing CDDs that have met the disclosure requirements and are limited to onsite improvements. Staff is thus recommending granting the petition.
ALTERNATIVE ACTIONS
The following courses of action are available to the Board:
Recommendation to grant the creation of the COD;

Recommendation to grant with modifications; or

Recommendation of denial.

Mar	15 04 12:0lp	Special  District  Services	(561)  630 4923	p.2

THE PALM BEACH POST
Published Daily 3Dd Su_ndoy
West Palm Beach, Palm Beach County. Florida

N0.697729
NOTICE OF PUBUC HIAIIING CONCERNING THI ESTABLISHMENT OF THE TERRACINA COMMUNITY DEVELOPMENT DISlRICT IN PALM BEACH COUNTY, FLORIDA BY THE BOARD OF COUNTY COMMISSIONERS.

Ir-------------:-::-=-::-:::::::::::-::=-:::::::--;	1 oPnalmOldBienr;a,cnhceUe>oIMli'lJl!e)'dl:kxird of County Commi.uionen (-rhe CommiWortl, wal torl$DI"

Notia D h.r.by si-  that oi, Mardi 16, 2004, ot 9:30 o.m., « !IOOII il--rtw, !he

•

STATE OF FLORIDA

PROOF OF PUBLICATION

AN ORDINANCE Of THE BOARD Of COUNTY t0MMISSIONaS Of ...,. ""°' COUNTf, FLORIDA 8TABJ.J5HING A COMMUNITY DEYELOPMENJ DISTRICT OVER THE REAL PROPERIY LEGAliY DESCRmED ON EXHllff "A" ro THIS ORDINANCE COMl'IISING AnROXIMATflY 175.809' AOU:S; NAMING TH£ INlllAL MEMIIDS OF THE BOARD Of SUPEll:YISOlilS o:F"'lRE""DlSTRJCT; ESTA.BUSHING THE NAME OF TME

COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Tracey Dig]io. who on oath says that she is Telephone Sales Supervisor of The Palm Beach Post, a tlaily and Sunclay newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of
advertising, being�in the mailer ICDD Establishment was published in said newspaper

DISTRICT AS TERRACINA COMMUNTTY DEVElOPMENI' DISTRIC1'.· DESIGNATING THE
PURl'05f Of 'fRt 61:Sfllct; o!515NATING tHi FOWtitS bf #Ht iStmtct m>Vll>INO
FOR SEVERABIUTY; PIOVIDING FOR CONFUCS; PROVIDING FOR AN EFFECJM
... lE.
at a public hearing J0 be held al:
Palm Beach Co�nl)' GoYemmentol CeM!f
Jone Thompson Memorial Chamber,. • 61h flcor •
30l Norlh Olive A--.1111

in the issues offebnaary 17, 23, March 1, & S 2004. Affiant further says that rhe said The Post is a newspaper published at West Palm Beach. in said Palm Be;ich County, Florida, and that the said newspaper has heretofore been continuously published in solid Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County. Florida. for a period of one year next preceding the first publication of the allachcd copy of advertisement; and affiant further says that she/her has iteither paid nor promised any person. finn oi corporation any discount rebate, commission or refuml for Ibo purpose of securing this ad""tment for publication in the said newspaper.

th

l 'l ('.s D  ,'1f(_,_,
Swomtoandsubscribedbeforethis s•dayof�� fr\

Wes! Pc&n Seoch, f!Ol'ida 33401

mevan,

to inlwm lti11 public obGut rhe mnllnb QJ 1hc �ticn lo furm ci unilomi o::inwnunil), dave'°P.lf!en1district in Palm Beech Counly. The intonnoliGn �led atthis1--inEJwill be UlolG bo.. lhe Commiuion in gronling or�ing the P,lllition (a.i, 59t forlh in � 1'10.005{1), Floric:b S10Me, r•r.s.•J) ciid also la ciJFord rh• petiriorw, off.:t8d units of local !P(lmmllllt ond Jhe genl!ll'UI P;Wk a fcir ond�	��	b GeP!l3r at the-hearing t1nd P,r&Mnl oral cmi:I -itteo comments f.wbmittecl lo Ina CarnnifuiM ot « bebr• ihe pu6lic hearii:t9I	to tho creotion of tne Terrqtjnn ComnumW DMloc,ment Oisl!ic;I:{JJ:DOJ. The�CDD is oWl'OJl:ifilatm)' 175.ltCWocresot Iona loaiiiidsouitiof�	 Rood 1;1nd _. of Jog 11:ocx:I, as Jiownon lt.tmap below:
Torracino Community Owelopm111tDidrid

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I�

Personally known�or Produced Identification		 Type of Identification Produced,	

._..	............. -�•··  .. .,. ��---..,,
��N<:::}1l\:t:)l'.'.:_ i

IF�- lhe ordincinr:e would Cf'8(Q 1;1COfflfflunity development di�rid arid dmionole lnll land Clnkl ser-:l. The CNOITOrl ol such a dismd eunuant ta Oiapter 190, F.$,. i� not a lond dewelapmen, atllharimfon or appn;m:,I. AJI plon!'lill!J, pem,jltii:g t1nd• ""9ulcmiy iwquiremenls pertaini�1a �	wilnin !he bnc10111D shQHN dared lopum,antlogenaraior special fuvor 1;1ppl'icable locol cminance.
TheCDDisdesignaled loserve the needsol its_prapw!y OWlllr5byfinonti�,��J	

1w

��  ,llf'!d,l!Uintoining a por1ioro of lho inh'mlrudlJn, and COn'lfflUllily lacililim
di$	ownen., iAduding the surfoc. Wder mo�   �st.m, waler

m.-

&stributian   and \Wstewgtat collection ond trcrumis.sion hicifllies. The �
costb  •  COD infn;11lrvciur• it Sl 2,837,112. The COD will	al non-od valcnnt GISCISW'nllllts�ied Cl'I aft prop«tyowners in tha district and wiA mc1la usoJ oar N Far bond retirement, mainlenoncB, el!:. lheseCOD GUHsmanll and feeswil be OW1r CJnd c:ilicM,C� mfl. The full i-t of the •SIQIMt>lnl of alimated Ras,�Cmb for the Prop�n.d Terracina Community O.  �Oistrid" CtJn be reYr..w.d, capiod or
procunid at th• offite of the County Plcinning DM!ioli os ngl9d below.
The,pecific I.sci!1;1utharity for thi, odi0t1 isSecli1;1ns 190.004 arid 190.00.S, F.S.
Fw further information, canloct in. affica of s,.ciol Dillriet Serw:e,, Inc., 11000
�	Fonns Rood. Suit. lOJ, Polrn Bec,ch �	FlaridD 31410 o, �
56l:0:J0.A922 er Toll frea 877·737•4m. All afmd8d units of gene,al-pwJ:10:$8 kx::al
�tandthegw,orol puhlic shoH M gffltl1anoppo,tunil)' IDcppocir mlhftf.:iring
ind�CN'Q] orwrilm, CIClfflm&NI en lb& palition.
Shouldany�  decide1o�	D!'Y dec:t!ion made by theCommission, heor Ji. will
need o niccird gf the praaedings and 1111JY need lo ensure that a 'lltrhatim record of lbe

-

�in;!is made, which ruaird must i,lduds llie lr.oliman, and 8Yiden,;e upo,t whkh ihear:ir-,lf. ,ngy ba bos.d.

-

In�	with tl:teAmerico!'S. with pi�ilfrHI$ Adi persOI\S wilh discbilities �i:ig
�ial�Qticwb �rltcipolll 1n this pnxeed1ng shcdd ainlcx:t 5P.ac:iol Dutrict S.r«D, fpe., 11000 ��- Farnu Road, Suirit ll>A", Palm Beixh Gori:lerrs, FbidQ 33'10, no  than&,. (SJ c  s Fior lo the hi,arin , al telepnano nwnbe, 561-630-
-'922 or ��  an-737-4  for cs.sistanee· if �aaing ll!IPDirm, te/eiJhone The

...

Florido Relay Service Numben af 1800) 955-8771 [TDD) or (SOI)) 955-8700 [VOICE),
This ndica ·p..,biind purwcant to the requirernenb of Chop.r l90.00.5(1Hd), Florida
&y: Equily lnves1mon�, U.C•& D.R. Ho>ton, Inc..
PUBLISH: lh, Palm Bead, Po,)
febnary 17, February 23, Mord, l & Mar�lt 8. 200.t

.
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l0D5 NJR 25 P/1 fi [3-ORIDA DEPARTMENT OF STATE
••	Glenda E. Hood
Secretary of State
DMSION OF LIBRARY AND INFORMATION SERVICES

March 22, 2004
Honorable Dorothy H. Wilken Clerk
Palm Beach County
301 North Olive Avenue Post Office Box 4036
West Palm Beach, Florida 33402-4036 Dear Ms. Wilken:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated March 18, 2004 and certified copy of Palm Beach County Ordinance No. 2004-006, which was filed in this office on March 19, 2004.

Sincerely,

LC/mp

��
Liz Cloud
Program Administrator

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