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HomeMy WebLinkAboutOrdinance 2009-018 Rose Hill Annexation DOC ~ 20090~~9227 B: 9936 P: 6886 09/21/2009 10:58:04 AM Page 1 of 8 Rec Fee: $69.50 Doc Type: GOVR Martha O. Haynie, Comptroller Orange County~ FL MB - Ret To: uCOEE ORDINANCE NO. 2009-018 (Annexation Ordinance for Rose Hill Subdivision Phases 2 and 3) . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROVIDING FOR THE ANNEXATION INTO THE CORPORATE LIMITS OF THE . CITY OF OCOEE, FLORIDA, OF CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 80.68 ACRES, MORE OR LESS, GENERALLY LOCATED ALONG WHITE ROAD ONE QUARTER MILE EAST OF THE INTERSECTION OF WHITE ROAD AND CLARKE ROAD AND COMPRISING ALL CURRENTL Y UNINCORPORATED . PROPERTY IN THE ROSE HILL SUBDIVISION PHASES 2 AND 3, AS INITIATED BY THE CITY OF OCOEE, FLORIDA; PROVIDING FOR A REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION; PROVING FOR SAID REFERENDUM TO BE CONSIDERED AT A SPECIAL ELECTION TO BE HELD ON . SEPTEMBER 15,2009 AS A MAIL BALLOT ELECTION; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; . PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.0413, Florida Statutes, the City of Ocoee has initiated the annexation of certain real property located in unincorporated Orange County, Florida, consisting of approximately 80.68 acres, more or less, generally located along White Road one-quarter mile east of the intersection of White Road and Clarke Road and comprising all of the currently unincorporated property in the Rose Hill Subdivision Phases 2 and 3, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter sometimes referred to as "Rose Hill Phases 2 and 3"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement, which agreement has from time to time been amended by Orange County and the City ofOcoee (the "JPA Agreement"); and . WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") that it approve said annexation provided that a majority of the registered electors of Rose Hill Phases 2 and 3 vote in favor of the annexation; and ORLA_1314075.2 -1- III' ~I~~~I~~~~~I'III WHEREAS, the Ocoee City Commission has determined that Rose Hill Phases 2 and 3 is compact, contiguous and within the territory of unincorporated Orange County, Florida; and WHEREAS, pursuant to Section 171.042, Florida Statutes, the City of Ocoee has prepared a report setting forth the plans to provide urban services to Rose Hill Phases 2 and 3 and has filed said report with the Orange County Board of County Commissioners; and WHEREAS, the City Commission of the City of Ocoee has determined that Rose Hill Phases 2 and 3 comply with the prerequisites for annexation identified in section 171.042, Florida Statutes; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.0413, Florida Statutes, and Sections 1-10 and 5-9 of Chapter 180 of the Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and WHEREAS, the Ocoee City Commission has the authority, pursuant to Chapter 171, Florida Statutes, to annex Rose Hill Phases 2 and 3 into its corporate limits, provided that a majority of the registered electors of Rose Hill Phases 2 and 3 vote in favor of the annexation; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include Rose Hill Phases 2 and 3 provided that a majority of the registered electors of Rose Hill Phases 2 and 3 vote in favor of the annexation. . NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 101, 166 and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. ANNEXATION. The Ocoee City Commission proposes to annex into the corporate limits of the City of Ocoee, Florida the following described real property located in unincorporated Orange County, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF (herein sometimes referred to as "Rose Hill Phases 2 and 3"). Section 3. MAP. A map of Rose Hill Phases 2 and 3 which clearly shows the area proposed to be annexed is attached hereto as EXHIBIT "B" and by this reference is made a partthereof. ORLA_1314075.2. -2- Section 4. REFERENDUM. A. This Ordinance proposing to annex Rose Hill Phases 2 and 3 shall be subm~tted to a referendum vote of the registered electors of Rose Hill Phases 2 and 3. Said referendum shall be held at a special election on September 15,2009, and shall be held as a mail ballot election as set forth in Sections 101.6102 and 101.6103, Florida Statutes. Said referendum shall be in conformity with the laws and ordinances relating to elections in Orange County, Florida, and in conformance with the provisions of Chapters 101 and 171, Florida Statutes. The ballot will contain the following language: The Ocoee City Commission has adopted Ordinance No. 2009-018 calling for the annexation into the City of Ocoee certain real property located in unincorporated Orange County, Florida, consisting of approximately 80.68 acres, more or less, generally located along White Road one- quarter mile east of the intersection of White Road and Clarke Road and comprising all of the currently unincorporated property in the Rose Hill Subdivision Phases 2 and 3. Annexation will not occur unless a majority of registered electors casting ballots in the area proposed to be annexed approve the annexation. "SHALL THE AREA DESCRIBED IN ORDINANCE 2009-018 OF THE CITY OF OCOEE BE ANNEXED INTO THE CITY OF OCOEE, FLORIDA?" The ballot used in the referendum shall offer the following choices: FOR ANNEXATION OF PROPERTY DESCRIBED IN ORDINANCE 2009-018 OF THE CITY OF OCOEE AGAINST ANNEXATION OF PROPERTY DESCRIBED IN ORDINANCE 2009-018 OF THE CITY OF OCOEE. The City Manager and the City Clerk and their respective designees are hereby authorized to take all steps necessary to effect said referendum. B. If there is a maj ority vote in favor of annexation of Rose Hill Phases 2 and 3, the annexation of Rose Hill Phases 2 and 3 shall become effective on September 16,2009. If there is a majority vote against annexation of Rose Hill Phases 2 and 3, then the annexation of Rose Hill Phase 2 and 3 shall not become effective and Rose Hill Phases 2 and 3 shall not be the subject of an annexation ordinance by the City of Ocoee, Florida, for a period of two (2) years from the date of the referendum on annexation. Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that the annexation of Rose Hill Phases 2 and 3 is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A Agreement, and the Ocoee City Code. ORLA_1314075.2 -3- Section 6. CORPORATE LIMITS. Provided a majority of the registered electors of Rose Hill Phases 2 and 3 vote in favor of the annexation pursuant to the referendum referenced in Section 4 above, the corporate territorial limits of the City of Ocoee, Florida, shall be redefined to include Rose Hill Phases 2 and 3. Section 7. OFFICIAL MAPS. Provided a majority of the registered electors of Rose Hill Phases 2 and 3 vote in favor of the annexation pursuant to the referendum referenced in Section 4 above, the City Clerk shall be authorized and directed to update and supplement official City maps of the City of Ocoee, Florida, to include Rose Hill Phases 2 and 3. Section 8. LIABILITY. Provided a majority of the registered electors of Rose Hill Phases 2 and 3 vote in favor of the annexation pursuant to the referendum referenced in Section 4 above, Rose Hill Phases 2 and 3 and future inhabitants of Rose Hill Phases 2 and 3 shall be liable for all debts and obligations and shall be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and shall be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. However, Rose Hill Phases 2 and 3 shall not be subject to municipal ad valorem taxation for the current year if the effective date if the annexation falls after the City levies such tax. . Section 9. SEVERABILITY. 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 portion hereto. . Section 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. DIRECTION TO CITY CLERK. Provided a majority of the registered electors of Rose Hill Phases 2 and 3 vote in favor of the annexation pursuant to the referendum referenced in Section 4 above, the City Clerk shall file a certified copy of this Ordinance with the Clerk' of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within thirty (30) days from the date of adoption approval of the annexation of Rose Hill Phases 2 and 3 by a majority of the registered electors of Rose Hill Phases 2 and 3. . Section 12. EFFECTIVE DATE. This Ordinance shall become effective immediately upon adoption provided that the annexation of Rose Hill Phases 2 and 3 shall not be effective unless a majority of the registered electors of Rose Hill Phases 2 and 3 vote in favor of the annexation pursuant to the referendum referenced in Section 4 above. ORLA_1314075.2 -4- PASSED AND ADOPTED this ~ay of :r(,.\~, 2009. APPROVED: ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEjfA ITY THIS 2L- DAY OF , 2009 ORLA_1314075.2 CITY OF OCOEE, FLORIDA ~~~ ()~.. J 4: S. Scott Vandergrift, Mayor ~ J~1f~ ADVERTISED ~, 2009 AND :IU\U q eHla 2009 ~iME~,2009 READ SECOND TIME AND ADOPTED :r U,t~ '2.\ , UNDER AGENDA ITEM NO. <i -5- EXHIBIT "A" LEGAL DESCRIPTION OF AFFECTED PARCEL (Phase II & III) LEGAL DESCRIPTION PHASE II The Northeast % of the Southeast % and a portion of the Southeast % of the Northeast % all in Section 21, and a portion of the Northwest % of the Southwest % of Section 22, all being in Township 22 South, Rand 28 East, Orange County, Florida, described as follows: BEGIN at the West % corner of Section 22; thence South 89049' 35" East along the North line of the Southwest % of said Section 22, a distance of 43.53 feet to the West boundary of the plat of ROSE HILL as recorded in Plat Book 13, Pages 128 and 129 of the Public Records of Orange County, Florida; thence along said West boundary the following three courses: run South 000 10' 25" West, a distance of 611.55 feet; thence South 19040' 14" West, a distance of 148.97 feet; thence South 000 38', 44" West, a distance of 569.79 feet to the Southeast corner of the Northeast % of the Southeast % of Section 21; thence South 890 45' 17" West along the South line of said Northeast % of the Southeast % of Section 21, a distance of 1332.10 feet to the Southwest corner of said Northeast % of the Southeast % of Section 21; Thence North 000 26' 31" East along the West line of said Northeast % of the Southeast % of Section 21; a distance of 1325.37 feet to the Southwest corner of the Southeast % of the Northeast % of said Section 21; thence North 000 05' 21" East along the West line of said Southeast % of the Northeast % of Section 21, a distance of 130.88 feet; thence North 890 54' 32" East, a distance of 1336.42 feet to the East line of said Southeast % of the Northeast % of Section 21; thence South 000 03' 39" East along said East line, a distance of 130.92 feet to the Point of Beginning. Containing 45.28 acres, more or less. LEGAL DESCRIPTION PHASE III That portion of the Southeast % of the Northeast % of Section 21, Township 22 South, Range 28 East, Orange County, Florida, described as follows: BEGIN at the Northeast corner of Lot 75 of ROSE HILL PHASE II, as recorded in Plat Book 16, Pages 34 and 35 of the Public Records of Orange County, Florida; thence South 890 54' 32" West along the North line of said ROSE HILL PHASE II for 1336.42 feet to the West line of the Southeast % of the Northeast % of Section 21; thence departing aforesaid North line of ROSE HILL PHASE II, North 00005' 21" East along said West line for 1155.00 feet to the South Right of Way line of White Road (said Right of Way line lying 30.00 feet South of, when measured at right angles and parallel with, the North line of said Southeast % of the Northeast % of Section 21); thence North 890 54' 32" East along said South Right of Way line for 1333.40 feet to the East line of the Northeast % of said Section 21; thence South 000 03' 39" East along said East line for 1155.00 feet to the Point of Beginning. Containing 35.40 acres, more or less. ORLA_1314075.2 -6- EXHIBIT "B" MAP OF ROSE HILL PHASES 2 AND 3 Exhibit "B" Location Map for Rose Hill Phases 2 & 3 Annexation ! S= ~1~t:8~~ / ~ :::: I, ~~~~ - f-- I- - .; ~ I- HI ~ - ~ --r T f- - I- - ~. )-l......i-- 1-1 ;::.... ~ lo- - .A -- I- - !.....'r: r--'~ - -~ - f- .. == t --<N -:-1 I::- ~ :- ~ = '~ - -- I- y..:.' fl1 ~~ ~~ ~TTl""'1I - f- JJ:: "'C . E ./l~\)./f\. I r \. 1__11 I I \....... T;'"\ ~ 11 =- lJU J ILJ II CD --.!..JIIIIIIIIII III ~"l...--... iTTTTn 111m ~f- I Phase 3 LL, ffiWi .:tl. 1111111111111111.. - ITIIID DIIJJ'- J.. ~ l ~- ~ ca =-.' '--- '111111 DIIIJIII" H - ......." II I I I I I rnm t: Le..L...U. v;~ i; - ffiffi3 ffiE3 ~ ~~ ~ II ;:: II r r I I I I I-in~ r \ I C<<>: ..LL.J 'I I I Vj , ~ 1:11~\~t~~11 I ~~ ~h U.HR [,-..J ::!~ V _ ~ I r 1 _I [ I I, I)' I I I I Phase 2 II ':s2L.rB~ t--- "\. ~ I L,I.4 ~ lo. ~1ffifHmm; ~ ~J~R:~1 ~ I- J TTI I I I I \ T r I ~ f ~ tm -' i'll' I f"'I""'r- ,./ _ f-~n -rmn \: O~g3g ~L~~ l ~~ ~~ ~ D ~ ~ II ~~ i ~ olonial CD / I I I ~ ... ~ - "'Tie' ~ ..Jcaca .... ~ - IfJ LAKE LOTTA ~~ ~ ~~ ft - -g g C) ORLA_1314075.2 -7- ** Official ** CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA Orange County We, the undersigned, Mike Murphy, County Judge; Steve Jewett, County Judge; and Bill Cowles, Supervisor of Elections; constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 15th day of September, A.D., 2009, and proceeded publicly to canvass the votes given for the referendum herein specified at the Special Annexation Referendum Election for the City of Ocoee conducted by mail ballot held on the 15th day of September, A.D., 2009, as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: City of Ocoee Annexation Referendum The Ocoee City Commission has adopted Ordinance No. 2009-018 calling for the annexation into the City of Ocoee certain real property located in unincorporated Orange County, Florida, consisting of approximately 80.68 acres, more or less, generally located along White Road one-quarter mile east of the intersection of White Road and Clarke Road and comprising all of the currently unincorporated property in the Rose Hill Subdivision Phases 2 and 3. Annexation will not occur unless a majority of registered electors casting ballots in the area proposed to be annexed approve the annexation. "Shall the area described in Ordinance 2009-018 ofthe City of Ocoee be annexed into the City of Ocoee, Florida?" For the annexation received 156 votes. Against the annexation received 46 votes. /) r 1/( lJl I / '-1/ ~!i( L60~L/ Bi'llCowles, Supervisor of Elections V Total ballots counted 202 for a 43.3 percent turnout.