ORDINANCE NO. 02- 27

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, CREATING THE CANDLER IDLLS EAST COMMUNITY DEVELOPMENT DISTRICT, PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR THE ESTABLISHMENT AND NAME OF THE DISTRICT,  TO BE KNOWN AS THE CANDLER IDLLS EAST COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE LEGAL DESCRIPTION; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR POWERS; PROVIDING FOR APPLICABILITY OF CHAPTER 190, FLORIDA STATUTES, AND ALL OTHER APPLICABLE -sTATUTES, ORDINANCES, RULES AND REGULATIONS; PROVIDING FOR NO MARION COUNTY OBLIGATIONS; PROVIDING FOR NO LIMITATION ON MARION COUNTY POWERS; PROVIDING FOR DISCLOSURE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.

WHEREAS, Chapter 190, Florida Statutes, the "Uniform Community Development District Act of 1980" (the "Act"), and specifically section 190.005, "Establishment of district" at subsection l90.005(2)(a) and Marion County Ordinance 97-10 set forth the exclusive and uniform method for the establishment of an independent community development district of less than one thousand (1,000) acres in Marion county, Florida; and

WHEREAS, Section 190.005(2), Florida Statues, requires a petition for the establishment of a community development district to be filed with the County Commission, which petition is required to include certain information as required in Section 190.005(l)(a)  and said petition is required to be considered at a public hearing conducted by the County Commission in accordance with the requirements and procedures of Section 190.00S(l)(d); and

WHEREAS, a petition for the establishment of the Candler Hills East Community Development District, which included a statement of estimated regulatory costs and the other information required in Section 190.005(I)(a), hereinafter referred to as the "Petition", was submitted by On Top of The World, Inc., a Florida corporation, to the Board of County Commissioners of Marion County and considered at a public hearing on November 5, 2002, and

WHEREAS, on November 5, 2002, the Board·of County Commissioners conducted a public hearing to receive comment and to consider the factors set forth in Section 190.00S(l)(e), Florida Statutes, to make a determination to grant or deny the Petition  for  the establishment of the Community Development District; and

WHEREAS, Section 190.005(2), Florida Statutes, authorizes the Board of County Commissioners to exercise its legislative discretion and enact an ordinance granting the petition for the establishment of a community development district t be known as Candler Hills East Community Development District, now therefore

BE IT ORDAINED by the Board of County Commissioners of Marion County, Florida:

SECTION I.	ESTABLISHMENT AND· NAME OF DISTRICT. The Petition for the
establishmentof the "Candler Hills East Community Development District" is hereby granted and there is hereby established pursuant to the provisions of Section 190.005(2), Florida Statutes, a community development district which shall be known as the "Candler Hills East Community Development District" (the "District").

SECTION 2. LEGAL DESCRIPTION. The external boundaries of the District are legally described in Exhibit A, attached hereto and incorporated herein.	.

SECTION 3. FINDING OF FACT. Pursuant to Section 190.005(2), Florida Statutes, the Board of County e:ommissioners hereby adopts the following findings of fact at the public hearing on the Petition to establish the District:

All statements contained within the Petition are true and correct and aII tatements set-forth in the preamble to this ordinance are true and correct.

The creation of the District is not inconsistent with applicable elements or portions of the State of Florida Comprehensive Plan set out in Chapter I 87, Florida Statutes and the Marion County Comprehensive Plan, adopted in Ordinance No. 92-3, as amended.

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

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 community development services and facilities of the District will not be incompatible with the capability and uses of existing local and regional community development services and facilities.

The area to be served by the District is amenable to separate special district government.

SECTION 4. BOARD OF SUPERVISORS.

The initial five (5) members of the Board of Supervisors of the District shall be the following individuals:

(I)	Kenneth D. Colen

Philip Faranda

Barbara Thomas

Morris Dittman

Solon O'Neal

The Board of Supervisors of the District shall exercise all powers granted to the District pursuant to Chapter 190, Florida Statutes, consistent with all applicable governmental laws, rules and regulations.

SECTION 5. POWERS.

The District shall have, and the Board of Supervisors of the District may exercise; all the general powers of a·community development district granted by Chapter 190, Florida Statutes, as amended from time to time consistent with all applicable governmental laws, rules and regulations.

The District shall have, and the Board of Supervisors of the District is hereby specifically authorized to exercise, all the special powers provided in Section 190.012, Florida Statutes, as amended from time to time consistent with all applicable governmental laws, rules and regulations.

This Ordinance also represents an agreement that the District  is authorized and the Board of Supervisors of the District may exercise such authority to cause above ground utility lines to be relocated below ground within the boundaries and along adjacent roads of the District, such work being consistent with the Marion County Comprehensive Plan.

The creation of an independent community development district is not a development order within the meaning of Chapter 380, Florida Statutes. All governmental planning, environmental, and land development laws, regulations and ordinances apply to all development of land within this community development district. Community development districts do not have .the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning and Land J;)evelopment
Regulation Act. The District shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the Marion County. 111e District shall take no action which is inconsistent with the Development Order of the On top of the World ORI.

SECTION  6.	COMPLIANCE   WITH  LAWS  AND  ORDINANCES.	The
District shall comply with Chapter 190 Florida Statutes, and all applicable federal, state and regional laws, statutes, rules and regulations and all applicable provisions of the Marion County Comprehensive Plan, Land Development Code provisions, ordinances, rules and regulations, and all provisions of the Dcvelopm nl Order of the On Top of the World ORI.

SECTION 7.   NO  MARION COUNTY OBLIGATION.	No debt, obligation or
.duty of the District shall constitute a debt, obligation, duty or burden of  or  on  Marion County.

SECTION	8.	NO	LIMITATION	ON   MARION	COUNTY	POWERS.
Establishment of the District in no way limits Marion County in the exercise of its powers o.r authority as provided for in Chapter 125, Florida Statues, and other Florida Statutes, upon the property within the District.

SECTION 9. REQUIRED DISCLOSURE. The District shall comply with the disclosure of public financing and disclosure to purchaser requirements set forth in Section
and 190.048, Florida Statutes, as amended from time to time. The District shall comply with the notice of establishment requirements of Section 190.0485, Florida Statutes.

SECTION 10. SEYERABILITY. It is declared to be the intent of the Board of County Commissioners that, if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

SECTION 11. EFFECTIVE DATE. _A certified copy of this Ordinance as enacted shall be filed by the Clerk of the Board with  the Office of  the Secretary of State of the State of Florida within ten (10) days after enactment, and this Ordinance shall take effect in accordance with Section 125.66(2), Florida Statutes.

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DULY ADOPTED in regular session by the Board of County Commissioners of Marion County this 5th day of November, 2002.

ATTEST:

BOARD OF COUNTY COMMISSIONERS OF MARION COUNT	LORIDA

RECEIVED NOTICE FROM SECRETARY OF STATE ON NOVEMBER .19, 2002 THAT ORDINANCE WAS FILED ON NOVEMBER 12, 2002

\\tal-srvO I \SUMNERl\2 I 4382v02\411202!.DOC\l 0/9/02

EXHIBlT _fl_
ONTOPOFTHEWORLD CANDLER HILLS EAST
COMMUNITY DEVELOPMENT DISTRICT

DESCRIPTION: A parcel of land lying in Section 13, Township 16 South, Range 20 East, Marion County, Florida, and being· more particularly described as follows:

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Commence at the Northeast comer of said Section 13, run thence along  the N2._rth boundary of said Section 13, S.89°44'19"W., 990.23 feet to a point on the Westerly right­ of-way line of..SOUTHW-ES'.f-80th AVENUE;-thence along said Westerly right-of-way line, the following seven (7) courses: I) S.11°30'48"E., 390.35 feet to the POINT OF . BEGINNING; 2) continue, S.11°30'48"E., 1085.64 feet to a point on a curve; 3) .
Southeasterly, 453.22 feet along the arc of a curve to the left having a radius of 1173.00 feet and a central angle of22°08'16" (chord bearing S.22°3 l '50"E., 450.41 feet); 4) S.33°37'48"E., 360.02 feet to a point of curvature; 5) Southerly, 661.73 feet along the arc of a curve to the right having a radius of 1073.00 feet and a central angle of 35°20'06" (chord  bearing S. l 5°57'45"E., 651.29 feet) to a point of tangency; 6) S.01°421 l 8 11W., 2349.93 feet to a point on a curve; 7) Southerly, 145.93 feet along the arc of a curve to the right having a radius of3550.00 feet and a central angle of 02°21'1911   (chord  bearing S.02°5 l '42"W., 145.92 feet); thence N.88°53'16 11W.,·1020.19 feet; thence N.01°09'40"E.,
92.03 feet; thence N.88°53'16"W., 582.11 feet; thence N.81°02'45 11 W., 382.09 feet; thence N.88°53'20"W., 1394.92 feet; thence S.71°47'20"W., 341.94 feet; thence N.00°00'35"W., 593.95 feet; thence N.27°05'54"W., 69.26 feet; thence N.00° 19'3 311E.,
75.77 feet; thence N.00°24'06"E., 50.00 feet; thence N.02°17'5 I 11E., 58.89 feet; thence N.07°39'06 11 E., 60:64 feet; thence N. l3°09'06"E., 60.64 feet; thence N. l 8°39'06"E., 60.64 feet; thencc:::N.24°09'06"E., 60.64 feet; thenceN.01°28'08"W., 72.96 feet; thence N.26°23'55"E., 50.28 feet; thence N.32°24'06"E., 73.23 feet to a point on a curve; thence Westerly, 147.21 feet along the arc of a curve to the left having a radius of 450.00 feet and a central angle of 18° 44'3511  (chord bearing N.79°l3'37"W., 146.55 feet) to a point of reverse curvature; thence Westerly, 301.94 feet along  the arc of  a  curve  to  the right· having a radius of 650.00 feet and a c ntral angle of 26°36'56" (chord bearing
N.75°1 7'2611W., 299.24 feet) to a point of tangency; thence N.61°58'58"W.,  119.99 feet to a point on a curve; thence Southerly, 47.53 feet along the arc of a curve to the right having a radius of 1350.00 feet and a central-angle of02°0l '02" (chord bearing
S.31°08'51"W., 47:53-feet) to a point of tangency; thence S.32°09'25"W., 830.00 feet to a point of curvature; thence Southerly, 863.65 feet along the arc of a curve to the left having a radius of 1229.24 feet and a central angle of 40°15' 19" (cl)ord bearing
S.12°01 '45"W., 845.99 feet); thence S.81°54'06"W., 100.00 feet to a point on a  curve; thence Northerly, 933.91  feet along the arc of a curve to the right  having a radius  of 1329.24 feet and a central  angle of 40°15'19" (chord  bearing N.12°01 '45"E., 914.82  feet) to a point of tangency; thence N.32°09'25"E., 830.00 feet to a point of curvature; thence Northerly, 63_6.1 l feet along the arc of a curve to the left having a radius of 1250.00 feet and  a central angle of 29°09'2511  (chord  bearing N.l 7°34'42"E.,  629.26 feet) to a point of tangency; thence N.03°00'00 11E., 441.63 feet to a point of curvature;  thence
Northeasterly, 390.97 feet along the arc of a curve to the right having a radius of 550.00 feet and a central angle of 40°43'44" (chord bearing N.23°2 l '52"E., 382.79 feet) to a

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point on a curve; thence Northwesterly, 471.28 feet along the arc of a cw-veto the left having a radius of2550.00 feet and a central angle of 10°35'21" (chord bearing N.57°48'13"W., 470.61 feet) to a point ofreverse c_urvature; thence Northwesterly,
255.04 feet along the arc of a cw-veto the right having a radius of950.00 feet and a
central angle of 15°22'54" (chord bearing N.55°24'27"W., 254.27 feet) to a point of reverse curvature; thence Northwesterly, 253. l 8 feet along the arc of a curve to the left
having a radius of 1050.00 feet and a cehtral angle of 13°48'56" (chord bearing
N.54°37'28"W., 252.57 feet) to a point on a curve; thence Northerly, 48.6 I feeLalong the arc of a curve to the left having a radius of 414.00 feet and a central angle of 06°43'4 l"
- - _..(c hord-bearing-N.,20 3 9'-3-8!.'E, 1  4 8. 59-feet);..thence S..86°26'23."E., 124.11  feet; thence N.77°30'35"E., 96.61 feet; thence N.6"1°27'33"E., 101.88 feet; thence N.54°30'42"E.,
20.04 feet; thence N.39°06'49"E., 116.62 feet; thence N.20°47'41 "E., 110.47 feet; thence N.08°46'22"E., 80.10 feet; thence N.i I0  38'07"E., 80.00 feet; thence N. l0°21'24"E., 99.56
feet; thence N,08°26'5 l "W., 111.16 feet; thence N.26°52'53"W., 111.16 feet; thence N.44°07'25"W., 96.89 feet; thence N.60°10'27"W., 123.20 feet; thence N.03°53'25"E.,
30.00 feet to a point on a curve; thence Easterly, 1005.38 feet along the arc of a curve to the left having a radius of2260.00 feet and a central angle of25°29'19" (chord bearing
N.8 l0   08'45"E., 997.11 feet) to a point oftangency;thence N.68°24'06"E., 790.00 feet  to  a point of curvature; thence Easterly, 795.87 feet along the arc of a curve to the right having a radius of 1140.00 feet d	a central angle of 40°00'00" (chord bearing N.88°24'06"E., 779.81 feet) to a point of tangency; thence S.71°35'54"E., 144.52 feet to a point of curvature; thence Easterly, 552.69 feet along the arc of a curve to the left having a radius of 1060.00 feet and a central angle of 29°52'28" (chord bearing S:86°32'08"E.,
546.45 feet) to a point of tangency; thence N.78°3 l '38"E., 574.68 feet to the POINT OF BEGINNING.

Containing 417.765 acres, more or less.

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