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OCT l O 2001

BOARD OF COUNTY COMMISSIONERS OF OSCEOLA COUNTY, FLORIDA
ORDINANCE NO. 01- 32

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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OSCEOLA COUNTY, FLORIDA, ESTABLISHING THE REUNION WEST COMMUNITY DEVELOPMENT DISTRICT PURSUANT TOCHAPTER 190, FLORIDA STATUTES; PROVIDING A TITLE; PROVIDING FINDINGS; PROVIDING AUTHORITY; CREATING AND NAMING THE DISTRICT; DESCRIBING THE BOUNDAAlES OF THE DISTRICT; SPECIFYING GENERAL POWERS OF THE DISTRICT; CONSENTING TO THE USE OF SPECIAL POWERS BY THE DISTRICT; NAMING. AND DESIGNATING THE MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

WHEREAS; Petitioner, GINN-LA ORLANDO, LLP, a Georgia limited partnership

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through GINN-ORLANDO GP, LLC, a Georgia limited liability company, its sole general partner ("Petitioner"), petitioned the BOARD OF COUNTY COMMISSIONERS OF OSCEOLA COUNTY, FLORIDA (hereafter "Board") pursuant to the "Uniform Community Development' District Act of 1980", Chapter 190, Florida Statutes, and Florida Administrative Code Ch_apter 42-1 to adopt an ordinance establishing the Reunion West

Community De'velopment District (hereafter"District") and to designate the land area within

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which the District may manage and finance infrastructure, systems, facilities and services;

and,	

WHEREAS, the Board, after proper published notice, conducted a local, public, legislative, information-gathering ordinance hearing as required by law and hereby finds as follows:

The petition is complete in that it meets the requirements of Section 190.005(1)(a), Florida Statutes (2000) and all statements contained within the petition are true and correct; and

 	

The appropriate Board staff have reviewed and approved the petition for establishment of the District on the proposed land and it is complete and sufficient; and,
The costs to Osceola County and government agencies from establishment of the District are nominal. There is no adverse impact on competition or employment from

District establishment.	The persons affected by the establishment are the future landowners, present landowners, Osceola County and its taxpayers, and the State of Florida. There is a net economic benefit flowing to these persons by virtue of establishing this District as the governmental entity to manage and finance the statutory services identified.	The impact of District establishment and function on competition and the employment market is marginal and generally positive, as is the impact on small business. None of the reasonable public or private alternatives, including an assessment of less costly and less intrusive methods and of probable costs and benefits of not adopting the ordinance, is as economically viable as establishing the District. Methodology is as set forth in the Statement of Estimated Regulatory Costs ("SERC") on file with the County. The SERC of the Petitfoner on District establishment is complete and adequate, and meets
the requirements of S.ection 120.541, Florida St. atutes; and.,

Establishment of the District by this Ordinance, whose uniform general law charter consists of Sections 190.006 - 190.041, Florida Statutes, created by general law, is subject to and not inconsistent with the local Comprehensive Pian of Osceola County and with the State Compreheri_�t\1_€3 F'lan; and,
The area of land within the District is of sufficient size, is sufficiently compact,

and is sufficiently contiguous to be developed as one functional, interrelated community; and,
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The · District  is  the  best  a'/ternative  available  for  derivering  community development services and facilities to the area proposed to be serviced by the District; and,

The community development systems, facilities and services of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and,

The area that is proposed to be served by the District is amenable to separate special district government; and,

WHEREAS, the Petitioner has requested the Board for consent to exercise one or more of the special powers granted by charter in Section 190.012(2), Florida Statutes, and the Board in reaching its conclusions, has considered the potential exercise by the District of all the powers set forth in Section 190.012(1-3), Florida Statutes; and,
WHEREAS, upon the effective date of this establishing Ordinance, the Reunion

West Community Development District, as created by general law, will be duly and legally authorized to exist on the proposed property and to exercise all of its general and special powers as limited by law; and,
WHEREAS, all notice.requirements of law were met and complete notice was timely

given.
NOW, THEREFORE, BE IT ORDAINED by the Board that:
SECTION 1. TITLE.	This Ordinance shall be know and may be cited as the

__  "Heunion_West Community Development Distriet-Establishment 0rdinance-."--

SECTION 2. BOARD FINDINGS. The Board findings set forth in the recitals to this Ordinance are hereby incorporated in this Ordinance..

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SECTION 3. AUTHORITY. This Ordinance is adopted in compliance with and pursuant to the Uniform Community Development District Act of 1980, Chapter190, Florida Statutes (2000).
SECTION 4. CREATION OFDISTRICT: DISTRICT NAME. There is hereby created

a community development district situated entirely within unincorporated Osceola County, Florida, which District shall be known-�s the "Reunion West Community Development District". Therefore, the petition filed to create the Reunion West Community Development District is hereby granted and the said District shall operate in accordance with the Uniform Community Development District charter as set forth in Chapter 190, Florida Statutes.

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SECTION 5. EXTERNAL BOUNDARIES OF THE DISTRICT. The Reunion West

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Community Development District (hereafter the "District") encompasses approximately

acres, the external boundaries of which described in Exhibit A attached to and incorporated in this Ordinance.

SECTION 6. · FUNCTIONS AND POWERS. The District •is limited to the performance of those powers and functions as described in Chapter 190, Florida Statutes. Consent is also hereby given, pursuant to Section 190.012(2), Florida Statutes, to the District Board to exercise all special powers set forth in Section 190.012, Florida Statutes. More specifically, the District is granted by its charter, so_long as it is in compliance with

and subject to the Osceola County Comprehensive Plan and s_ubject to the regulatory judsdicJion_anclpermitting authority of all applicable other oramances ana-regulatioris of Osceola County, the power to plan, establ_ish, acquire, construct or reconstruct, enlarge or

.  extend,  equip,  operate,  and maintain additional systems and facilities for parks and

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facilities for indoor and outdoor recreational, cultural and educational uses, fire prevention and control, including related buildings and· equipment, school buildings and related structures, security, including but not limited to personnel and equipment, mosquito and arthropods of public health impo�ance control, and waste collection and disposal. In the exercise of its powers, the District shallcomply withallapplicablegovernmental laws, rules, regulations and policies including, but·t=tot limited to, all Osceola County ordinances and policies governing land planning and permitting of the development to be served by the District. The District shall not have any zoning or permitting powers governing land development or the use of land. No debt or obligation of t he District shall constitute a
burden on any local general purpose government. 

The County shall provide at the District's expense written notice to property owners adjacent to the District or ariy property owner from which the District would propose to condemn an interest in real property of any request by the District to the Board for the Board's consent to the District's use of eminent domain powers outside the District's boundaries.
SECTION 7. BOARD OF SUPERVISORS. The five persons designated to serve
as initial members of the District's Board of Supervisors are as follows: 

J. Ryman Wilburn, 5 Blue Heron Lane, Palm Coast, Florida, 32137;

Thomas J. O'Leary, 5401 Kirkman Road,·6rlando, Florida, 32819; Gerald Whitley,-5401Kirkman Road, Orlando, Florida; 328_19;�·

Todd Zehner, 5 Blue Heron Lane, Palm Coast, Florida, 32137; and

John N. Gantt, 5 Blue Heron Lane, Palm Coast, Florida, 32137.

All of the above-listed persons are residents of the state of Florida and citizens of t he 5

DULY PASSED AND ADOPTED this

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, 2001.

ATTEST:
PAULA CARPENTER, C LERK
By:Yi,a���
Paula CarpentCClerk

NOTICE THAT THIS ORDINANCE HAS Bt:EN

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OF ADMINISTRAT�VE COOO.

FILED WITH THE FLORIDA STATE BUREAU

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United States of America.

SECTION 8. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinances or resolutions of Osceola County or applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be· deemed a separate, distinct, and independent prOV1sion and such holding shall not affect the validity

of the remaining portion.	

SECTION 9. EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Office of Secretary of State for the State of Florida.

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(STATE OF FLORIDA) (COUNTY OF OSCEOLA)
I, Paula _Carpenter, Clerk to the Osceola County Board of County Commissioners: do hereby certify that the foregoing is a true original of:
ORDINANCE NO. 01- 32
which was adopted by the Osceola County Board of County Commissioners during Regular· Session on the	24	day of  September	, 2001.

Clerk, Board of County Commissioners, Osceola County.

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EXHIBIT A

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,·	DESCRIPTION · REUNIO N•	: WEST
A ponion of Lot 1, Block 3, Magnolia Greek, according to the Plat thereof, as recorded in Plat Book 1 2, Pages 70 through 79 of the public records of Osceola County, Florida, and Lots 9, 1 0,

11 and 12, Block C, Florida Fruit and Truck Land Company Subdivision being a portion of the w�st 1 /2 of the West 1 /2 of the southwest 1 /4 of Section 22, Township 25 South, Range 27 E?st, Osceola County, Florida being more particularly described as follows: 

Begin at the Northeasterly corner of Lot 1, Block 3 of said Magnolia Creek; thence run S 00° 1 2·22· W, a distance of 1326.57 feet; the nee run S 89° 5$'38" E, a distance of 992.54 feet to a point on the westerly right of way of Interstate 4 (State Road 400), said point being on a non­ tangent curve, concave southwesterly, having a radius of 3982 .00 feet and a central angle of 04°39'35'; and a chord bearing of S 1 6°24'27" E, thence run 323 ..84 feet along the arc of s aid curve and said ·right of way line to the point of compound curvature wit_h a curve, concave northwesterly, having a radius of 2006.00 feet and a central angle of 46°34'57"; thence run southwesterly, along the arc of said curve, a distance of 1 630.91 feet to the point of compound

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curvature with a curve, concave northwesterly; having a radius. of 9906.00 feet and a central angle of 07° 38'08'; thence run southwesterly, along the arc of said curve, a distance of 1 320.1 3 feet to a point; thence run S 40°08'26' W, a distance of 505.2�- feet; thence run N 89°58'57" W, a distance of 889.31 feet; thence run S 00° 1 2'29" W, a distance of 370.75 feet; thence run S 70°07'1 8"  E,  a  dis-tance  of  187.79  feet;  thence  run  S  89° 58'57"  -E,  a  distance  of 31 0.95  feet;
thence run S 49°51 '34" E, a distance of 58.1 O feet; thence run S 40°08'26" W, a distance of
31 79.37 feet; thence departing said right of way line run N 00° Q6'57" E, a distance of 246.89 feet; thence run N 89°57'27" W, a distance of 665.03 feet; thence run N 00°06'23• E, a distance of

663.43 feet; the nce run N 89 °58'08" W, a distance of 664.2-7 feet; thence run S 00°05'43" W, a

distance of 576.61 feet; thence run N 89°56'47" W, a distance of 375.00 feet; thence run S 44°55•32• E, a distance of 343.31 feet; : thence run N 71 ° 45'45" W, a distance of 643.72 feet; thence run N 72°33'01" W, a distance· of 439.95 feet; thence run N 1 8°20'04" E, a distance of
86.87. feet; thence run N 71 ° 22'551 W/a distance of 39.44 feet; thence run N 00° 05•44• E, a

distance of 391 .54 feet; thence run S 89°58'08" E, a distance · of 509. 70  feet; thence  run  N 00° 05'04" E, a distance of 1 326.35 fe·et; thence run N 89°59'28" W, a distance of 651 .83 feet; then_ce run N 00° 1 8'4.2" E, a distance ot 1 322.08 feet; thence run N 89° 48'47" E, a distance of 1324.1 0 feet; thence run N 00° 04'57" E, a distance of 261 8.$2 ·feet; thence run S 89°53'52" .E, a distance of 1 360.52 feet; thence run · N 00°35'44• W, a distance of 1 377.27 feet to the Northwesterly corner of said Lot 1, Block 3; thence run N 89° 56'40" W, a d istance of 11 .33 feet to

the Southwest corner of Section 22, Township 25 South, Range 27 South and a recovered 5" x 5� Concrete Monument (Jones, Wood, & Gentry) ; thence run N 00° 1 3'04• E , a distance of 2657.9.1 feet; thence run S 89° 42'36" E, a distance of 665.88 feet; thence run S 00° 1 3'27" W along the East line of the West 1 /2 of the West 1 /2 of said Section 22, .a distance of 2655.1 9 feet to the Southeast corner of said Lot 12; thence run S 89°56'40" E, a distance of 1 996 .39 feet to the

POINT OF BEGINNING.

_ G_o_r,taining 702.4692 acre_s, (30,599,558.61 sq ft) more or less��

A portion of Lot 1, Block 4, Magnoli� Creek, according tot the Plat thereof as recorded in Plat Book 1 2; Pages 70 through 79 of the public records of Osceola County, Florida being more particularly described as follows:

Begin at the Northeast corner of said Lot 1, Block 4; thence run S 00° 1 5'3 1" W, a distance of 1327.37 feet; thence run N 89° 56'39" E, a distance of 809.27 feet to the Northwesterly right of way line of Interstate 4 (State Road 400) ; thence along said right of way line run S 40° 08'26• W, a

                 distance of 607.04 feet; thence departing said right of way line run N 68°40'55" W, a distance of 441 .48 feet; thence run N 57°51 '13' W, a distance of 402.37 feet; thence run S 00° 1 5'59" W, a

distance of 439.41 feet; thence run S 46° 55'30" E, a distance of 535.33 feet to said right of way
line; thence along said 0right of way line run S 40° 08'26" W, a distance of 565.09 feet; thence run N 49°51 '58" W, a dist�nce of 21 .00 feet; thence run S 42° 52'55" W, a distance of 250.29 feet;

665.50 -feet to the POINT OF  BEGINNING.
Containing 77.9236 acres, (3394350.98 sq ft) more or less.

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the nce run S 40°08'02" W, a distance of 339.99 feet to a point on a non-tange nt curve, concave northwesterly, having a radius of 9897 .00 feet and a central angle of 03° 26'07"; thence on a chord bearing of S 41 ° 51 '06� W, run 593.39 feet along the arc of said curve to a point; thence departing  said  right  of  w?,.y  line  run  N  45° 51'1 8 '  W,  a  distance  of  84.71  feet;  thence  run  N 06°08'28" W, a distance of 1 20.6 1 feet; .thence run N 06° 08'28" W, a distance of 284. 18 feet to a point on a non-tangent curve, concave easterly, having a radius of 1 1 533.00 feet and a central angle of 02 °00'1 3"; thence on a chord bearing of N 03 °02'30" W, run 403 .30 feet along the arc of said curve to a point on a non-tangent cu,:ve, concave westerly, having a radius of 11 385 .00 feet and a central angle of 04° 11 '40"; thence on..a..c hord bearing of N 01 °56'46• W, run 833.4 6·· teet along the arc !Jf said curve to a point; thence run N 89°44'46• W, a distance of 2.49 feet; thence run N 00° 13 '54" E, a distance of 1 1 62.67 feet; thence run N 89° 56'03" E, a distance of 599.81 feet; thence run N 00• 1 5'21 • E, a distance of 663.57 feet; thence run N 89° 55'261 E, a distance of