Ordinance 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
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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.
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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.
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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.
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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
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CITY OF OCOEE, FLORIDA
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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
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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.
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EXHIBIT "B"
MAP OF ROSE HILL PHASES 2 AND 3
Exhibit "B"
Location Map for Rose Hill
Phases 2 & 3 Annexation
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** 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.
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Bi'llCowles, Supervisor of Elections
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Total ballots counted 202 for a 43.3 percent turnout.