F'il..E No.088 07/28 '00 09:22 iD:	FAX:954 764 5o57

PROPOSED ORDINANCE NO. 2000-11 ORDINANCE NO. 1339

REVISION NO. l

I	AN ORDINANCE  OF THE CITY OF PEMBROKE  PINES,  FLORIDA
ESTABLISHING	THE	WALNUT	CREEK	COMMUNITY
DEVELOPMENT	DISTRICT;	MAKING	CERTAIN	FINDINGS
REGARDING THE DISTRICT;  DESCRIBING  THE  EXTERNAL
BOUNDARIES   OF   THE	DISTRICT;  NAMING   FIVE   PERSONS
DESIGNATED TO  BE THE  INITIAL  MEMBERS  OF THE  BOARD·
OF	SUPERVISORS;	PROVIDING	FOR	SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE
DATE
10
BE   IT	ORDAINED	BY  THE	CITY	COMMISSION	OF	THE	CITY	OF
PEM:BROKE PINES, FLORIDA THAT:
SECTION    1.	AUTHORITY FOR THJS ORDINANCE,	The City   of
Pembroke Pines, Florida (the "City") is authorized  to adopt this ordinance  under the
authority granted by the provisions of Chapter 166, Florida Statutes, as amended, and
..,
other applicable provisions of law.
SECTION 2. FlNDlNGS.	It is hereby found and determined that:
A.	The City, Lennar Homes Inc. ("Lennar") and Waldrep Enterprises, Ltd.
have   previously    executed	an Annexation	Agreement   dated	May 19,   1998   (the
"Annexation Agreement"), which contemplated the annexation into the City of certain
land owned by Waldrep and was subject to a Purchase and Sale Agreement with Lennar
(the   "Property").	Pursuant to Chapter  98-512,  Laws of  Florida,  the Property  was
subsequently annexed into the City and Lennar now owns the Property. The Property is
located wholly _within the boundaries of the City.
B.	The   Annexation	Agreement    also   contemplated	the   formation	of a Page 1 of6
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PROPOSED ORDINANCE NO. 2000-11

ORDINANCE NO. 1339

REVISION NO. 1

community development district within the meaning of	the Uniform Community

Development Act of 1980, Chapter 190 of the Florida Statutes, the boundaries of which

would be coterminous with the boundaries of the Property, as a reasonable· and
appropriate method of providing the infrastructure to serve residents of the Property.

c.

Lennar Homes, Inc. has heretofore submitted to the City a petition (the

"Petition") seeking the establishment of a community development district for the
Property to be known as the "Walnut Creek Community Development District" (the

"District").
D. Toe City has conducted a public hearing an the Petition in accordance
with the requirements of Section 190.00S(l)(d) of the. Florida Statutes and has
considered the record of the public hearing and the factors set fonh in Section
!90.005(l)(e) of the Florida Statutes, among other factors, and hereby finds that:

I.

14	2.

All statements in the Petition have been found ta be true and correct; The creation of the District is not inconsistent with any applicable

elements or portion of the State of Florida's comprehensive plan or of the effective
City comprehensive plan;
3.	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;

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PROPOSED ORDINANCE NO. 2000-11 ORDINANCE NO. !339

REVlS(ON NO. 1

l	4.

The establishment and operation of the proposed District is the best

alternative available for delivering communicy development services and facilities to
the area that will be served by the District; and

5.	The community development services and facilities of the District
will nee be incompatible with the capacity and uses of existing local and regional
community development services and facilities.

6.	The Property  to  comprise  the  District  1s  amenable  to  separate
special-purpose government.

E.	The City now desires to grant the Petition and to establish the District, as
more fully set forth herein.	....
SECTION 3. ESTABLISHMENT  OF  DISTRICT;  NAME.	The City hereby
grants the Petition and establishes the District as a community development district within
the meaning of the Act and as an independent special district within the meaning of Chapter

189, Florida Stal\ltes. The name of the District shall be the "Walnut Creek Community

Development District."

SECTION 4. EXTERNAL   BOUNDARIES.	The external  boundaries  of the

!7	District shall be as set forth on Exhibit A, auached hereto and made a part hereof.
!8	SECTION 5.  INITIAL  MEMBERS  OF BOARD  OF SUPERVISORS.	The
five (5) persons to be the initial members of the Board of Supervisors of the District, each

of whom is designated in the Petition, are as follows:

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.PILE No.088 07/28 '00 09:23 :D:

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PROPOSED ORDINANCE NO. 2000-ll ORDINANCE NO. 1339

Jill Cierpik Greg Messick Greg Blair Tony Eisem,an Scott Woodrey

REVISION NO. l

SECTION 6. CONSENT TO EXERCISE OF SPECIAL POWERS. Pursuant
to section 190.012(2) of the Florida Statutes,' the City hereby consents to the exercise by
the District of the powers set forth in subsections (a), (b), (d) and (e) of section 190,012(2)
of the Florida Statutes, which authorize the District to plan, establish, acquire, construct or
reconstruct, enlarge or extend, equip, operate, and maintain aaditional systems and facilities
for (A) parks and facilities for indoor and outdoor recreational, cultural and educational
uses for the use of District residents and in connection with District functions.	Such
facilities may include a clubhouse, tennis courts, pools, and related facilities; (B), water
mains and plugs; (C) security, including, but not limited to, guard-houses, fences and gates,
electronic intrusion-detection systems, and non-police security patrol cars; except that the
District may not exercise any police power, but may contract with the City of Pembroke
Pines for an increased level of such services within the District boundaries as provided for in
Section 316.006(2), Florida Statutes; and (D) control and elimination of mosquitoes and
other arthropods of public health importance.
Section 7.	All Ordinances of parts of Ordinances,   Resolutions or parts of
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PROPOSED ORDINANCE NO.2000-11 ORDINANCE NO. 1339

REVISION NO. 1

Resolutions in conflict herewith be and the same are hereby repealed to the e)(tent of such
conflict.
Section 8.	If any clause, section or other part or application of this Ordinance hall
be held by any court of competent jurisdiction to be unconstitutional or invalid,  such
unconstitutional or invalid part shall be considered as eliminated and so not effecting the validity
of the remaining portions or applications remaining in full force and effect.

Section 9.

adoption.

This Ordinance shall become effective immediately upon passage

...

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PAGE

PROPOSED ORDrNANCE NO. 2000-11 ORDrNANCE NO. 1339

REVISION NO. l

PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
PEMBROKE PINES, FLORIDA ON THE FIRST READING THIS 5TH DAY OF Al'RIL,2000.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA ON THE SECOND READING THIS 7 DAY OF JUNE,2000.

,.dl	'

M. TE CITY CLERK
APPROVED AS TO FORM:
cJlCtEiOiF TbHEkCI1TY Aro/,Y

FEKETE
ARMSTRONG FIOREN.D.,[NO
KATZ.

ORTIS

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\\JGCDe_fSIUBRARY\76iJl8$.PPORDl000UOOO.II w.in.a C=I<. r<V I.doc

SiME OF FLDRIDA
COUN1Y OF BROWARD
I_ HEREBY CERTIFY that !{le above and foregoing is a true and correct copy of
Ordinance No. 1339
as recor?ad in the Office of the Cir,, Cler1<.
WITNESS my hand and official seal thi
·	21	dayo/	June	A.O., 2od1
.	ciPc&l'ElJBRO)'jEPINE_S    -
By:.%:tZ,µ/' 'bi
Eileen Tesh	City Clerk

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