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ORDINANCE 98	a3=l -

AN ORDINANCE OF THE BOARD OF COUNTY COM.\USSIONERS OF PALM BEACH COL'NTY, FLORIDA ESTABLISHlNG A COMMUNITY DEVELOPMENT DISTRICT OVER THE REAL PROPERTY LEGALLY DESCRIBED ON EXHIBIT "A" TO THIS ORDINANCE COMPRISING APPROXlMATELY 177 ACRES; NAMING THE INITIAL MEMBERS OF THE BOARD Of SCPERVISORS Of THE DISTRICT; ESTABLJSHING THE NA..\fE OF THE DISTRICT AS THE WINSTON TRAll,S COMMUNITY DEVELOPMENT DISTRICT (EAST); DESIGNATING THE POWERS OF THE DISTRICT; PROVIDING FOR SEVERABILJTY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.

WllEREAS, me flonda Jeg1slature created and amended Chapter 190, Florida S1an11es 10 provide an al1ema1ive method to finance and manage basic services for community developmem; and
WHEBEAS, Wins1an Trails Development Corporation, a Florida corporarion ("Petitioner") has pe1i1ioned Palm Beach County, Florida (the "County") 10 grant the es1ablishment of 1he Winston Trail Community Development District (Wt) (the "Oisrrict"); 1111d
WHEREAS, a public hearing has been conduc1ed by the Board of County Commissioners of Palm Beach County, Florida (the "Board") in accordance with 1he requirements and procedures of Section l 90.005 (I) (d), Florida Starutes; amj
WllEREAS, the District will constimte a timely, efficiem, effective, responsive and economic way to deliver communicy development services in 1he areas without overb1.1tdening the County and its payers; and
WHEREAS, the creation of the Distnct is nor inconsistent with any applicable element or portion of the effective Palm Beach Coumy Comprehensive Land Use Plan, as amended; and
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WHEREAS. the area ofland wilhin the District is of sufficient size, is sufficiently compact, and is sufficiemly contiguous 10 be developable as one fimc1iona) imerrela1ed community; and
WHEREAS. the ,;reation of the District is the best altemative available for tlelivering water, wastewater and drainage 10 the area that will be served by the District; and
WHEREAS, the proposed services and facdni<'s 10 be provided by the District will be compatible with the ,;apadty anti uses of existing local anti regional community development services and facilities; and
WHEREAS, the District shall consm1c1 potable water and wastewater facilities in accordance with the County's Water Utilities Depanmenrs standards and procedures to enable Councy to provide potable water anti was1ewa1er services 10 the District; and
WHEREAS, the Dismct desires 10 levy special assessments on purchasers of benefined land within the District to pay for infrastructure constructed by the District; and
WHEREAS, the area lba1 will be served by the District is amenable to separaie special district government; and
WHEREAS. the Board bas considered the record of 1he public hearing and has decided that the establishment of the Winston Trails Communiiy Development Disuict (East) is the best al1emative means to provide cenain basic services 10 the communiiy; and
WHEREAS, the Board finds that the Winston Trails Commumty Development Disuict (East) shall have the general powers described in Section 190.0l I, floricla S1arn1es, and that it is in the public in«'res1 of all the citiZens of the Couniy that the District have such general powers.

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NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA:
Section l: The pt'lilion to es1ablish the Winston Trails Community Development D1s1ric1 lEast) over the real propell}' described in Exhibit ··A" attached hereto, which was filed by Winston Trails Developmem Corporation on May 27, 1998, and which Petition anached as Exhibit ·•B". is hereby gramed.
Section 2: The external boundaries of the District shall be as depic1ed on !he location map attached hereto and incofl'Orated herein as Exhibit "C".
Section 3:  The ini1ial members of the Board of Supervisors shall be as follows:

Dan Paesan1 Robyn Henoch James O'Brien Mike Grammen Ken Arnesen

I187 Carnlllia Island Dr., Westin, Florida 33326 1745 N.W. 4th Avenue, #JO, Boca Raton, FL 33432 7468 Mahogany Bend Coun, Boca Raton. FL 33434
6066 Town Colony Drive, 111212, Boca Raton, FL 33433
4461 N.E. 17th Terrace, Fon: Lauderclale, FL 33334

Section 4: The n11me of the District shall be the "Winston Trails Community Development District (East)."
Se1:tion 5: The District is created for the plUJlOses set fotth in and prescribed in the petition, Exhibit "B".
Section 6: The Board hereby grants m the Winston Trails Community Development District (East) all general powers authorized pursuant to Section 190.0l I, Aorida Statutes, and hereby finds that it is in the public imeiest of all citizens of me County 10 ant such general powers.
Section 7; Pl.lr,uant to Section 190.00S (2) (d), Florida Starutes, the chancr for the Winston Trails Community Development District (East) shall be Sections J90.006 through 190.041, Florida Statutes.
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Section 8: Pursuant to Section 190,048, F.S., each comracr for lhe sale of real estate in the Disnic1 shall include in the conuacr, the language in I90.048 and mclude a signamre line for purchaser's signature.
Section 9:	No1wi1hs1anding Section 7 as set forth hereinabave, Pelitioner, ac1ing on behalf of

lhe landowner of the propel'IY encompassing the District. shall emer imo a Standard Parable Water and Wastewater Development Agreement with the County for the provision of water and w.istewater to said District. Petitioner shall e111er i1110 said Agreement prior 10 cons1ruction of any water or wastewater facilities. Petitioner shall pay 1111 fees and charges as set fonh in sai4 Agreement and shall abide by all 1enns and conditions therein including. bur 11ot limi1ed 10, consrruc1ing the wa1er and was1ewa1er facilities inaccordance with the Water Utilities Depanmenfs Unifonn Policies and Proce4ures; providing the Coum:y wich appropriate easements for said facilities; and provi4ing the Cou111y with a deed to said water and was1ewa1er facili1ies al no cost 10 County. Palm Beach County's Water Utilities Depanmem shall operate and maintain sai4 water and was1ewa1er facilities and provide water and wasrewater service upon receipt of all fees and charges. upon completion of consuuction. 1111d upon receipt of said deed.
Section lO: The District is solely responsible for 1he implememalion of special assessments upon benefitted propeny within ihe District's extemlll boun4aries an4 shall provide notice of said special assessments 10 all prospective purchasers of said propel'!Y.
Section 11: If any clause, or other part of application of this ordinance shall be hel4 in any COUl'l of competent jurisdiction 10 be unconslimlionlll or invalid, such unconsJirulional or invalid pan or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications which shall remain in full force and effect.
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All Sections or pans of sections of the Code of Ordinances, all ordinances or pans thereof and all resolutions or parts thereof in conflict herewi1h are hereby repealed to the extent of such conflict.
Section 13: This ordinance shall take effe,;:1 upon tilin,: with the Oepartmem of State, per Section 125.66, Florida S1acuces.
APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County, Florida. on this	clay of AUS 11 !1 . 1998.

ATTEST:
DOROTHY H. WILKEN, CLERK

EFFECTIVE DATE: Filed wim !he Department of Suue on !he 26th day of August	1998.

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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA

IN RE:   AN ORDINANCE TO ESTABLISH    ) THE WINSTON TRAILS COMMUNITY ) DEVELOPMENT DISTRICT (EASTI )

PETJTIPN
Petitioner, WINSTON TRAILS DEVELOPMENT CORPORATION, a Florida
corporation, hereby petitions the Board of County Commissioners of Palm Beach County, Florida, p1.1rsuant to the -uniform Community Development Oiatrict Act of 1980." Chapter 190, Florida Statutes, as amended and supplemented (herein, the "Act), specifically this Petition is made pursuant to Section 190.005(2) of the Act, to establish a community development district with respect to the lands described herein. In support of the Petition, Winston Trails Development Corporation (herein, the "Petitioner") states:

The proposed OiStriCt (as defined below) is located within the unincorporated area of Palm Beach County, Florida. f;xhjbjt 1 depicts the general location of the proposed Di5trict. The proposed District covers approximately 177 acres
of land. The metes and bounds description of the external boundaries of the District Is set forth on t;xhjhjt z_ There is no real property within the external boundaries of the proposed District which is to be excluded from the District, other than the internal roads
of the proposed District, which will be owned and maintained by the Winston Trails Foundation, Inc., a Florida not-for-profit corporation or neighl>Orhood homeowner associations. There will not be any adverse impact to the public resulting from the exclusion of the internal roads of the proposed District.

Attached to this Petition as Exbjbij 3 i;ind made a part hereof is the written consent to the estal>lishment of the District by the owners of 100% of the real property to be included in the District.

The five persons designated to serve as initial members of the Board of Sl.lpervisors of the proposed District !3re as follows:

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 ame
Dan Paesant Robyn Henoch James O'Brien Mike Grammen Ken Arnesen

AdelflOII
1187 Camillia tslanc:1 Or. Wesiin, Florida 33326

1745 N.W. 4111Avenue,# 10
Boca Raton, FL 33432

7468 Mahogany Bend Court Boca Raton. FL 33434
6066 Town Colony Drive, #1212 Boca Raton, FL 334333

4461 N.E, 17"' Terrace Fort Lauderdale. FL 33334

The proposed name of the District to be established is Winston Trails Community Development District (East) {"the District").

There are no existing major trunk water mains, sewer interceptors or outfalls.

The proposed timetable for the constn.iction of District services is shown on Exhibit 4-A and the estimated cost of constn.icting the services, based on available data, is shown on EXQibil 4-a. This is a good faith estimate but is not binding on the
Petitioner and the District and is subject to change.

The future general distribution, location and extent of public and private uses within the District are limited to residential sites and open or green space. The proposed uses are consistent with the future land use plan element of the Palm Beach county Comprehensive Plan. The future land use map of the Palm Beach county Comprehensive Plan designates the land area within the legal description of the land to be serviced by the proposed District as low residential 3. The future land use map is shown on Exhib 5. The Petitioner intends that the District will finance (i) surface water management ana control systems, (ii) water distribution and wastewater collection and transmission facilities, and (iii) related incidental costs.

The proposed District encompasses a portion of the Winston Traits Planned Unit of Development ('PUO"). The Development Order for the PUD was approved on February 28, 1989 by Palm Beach County Resolution No. R-89-344, and pennits development of the subject property with up to 549 dwelling units. Resolution No. R• 89-344 was subsequenUy amended on May 22, 1990, May 7, 1991, January 28, 1993,
WR ,761441  1?4?701.kOO	2

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Oecemt>er 6, 1993, October 27, 1994, September 28, 1995 and August 22, 1996 by Palm Seach County Resolulion Nos. R-90-840, R-91·595. R-93-170, R-93•1545, R-94- 1476, R-1321.7, R-96-1177 and R-96-1178, respectively.

Exhjbjt 6 is a statement of estimated regu121tory costs prepared in accordance wilh the requirements of Section 120.541. Florida Statutes.

Petitioner hereby requests that the proposed Oistrict be granted the right to exercise all powers provided for in Section 190.012(1), Florida Statutes.

The Petitioner is: Winston Trails Development Corporation, whose address is 6101 Winston Trails Blvd., La"e Worth, FL 33463. Petitioner is the general partner of The Winston Trails, Ltd., a Florida limited partnership (the "Partnership"). The current owner of the properties comprising the proposed District is James J. O'Brien, as successor tNstee under that certain Land Tn.ist Agreement dated March 8, 1989, as amended (the "Trust"). The Partnership is the beneficiary of the Trust. Copies of an correspondence and official notices should also be senl to: Stephen D. Sanford, Esq., c/o Greenberg Traurig Hoffman Lipoff Rosen & Quentef, P.A., 777 South Flagler Prive, Suite 300 East, West Palm Beach, Florida 33401; (561) 650-7945.

The property within the proposed District is amenable to operating as an independent special district for the following reasons:

Establishment of the District and all land uses and services planned within the proposed District are consistent with applicable elements or portions of the effective Palm Beach County Cornprehensive Land Use Plan, as amended.

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

The community development services of the District will be compatible with the capacity and use of existing local and regional community development services and facilities.

The proposed District will be the best alternative available for delivering community development services to the area to be served because the District provides a governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside lhe District.

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The Petitioner undertakes on behalf of the District that the District will provide full disclosure of informatiOn relating to the public financing and maintenance of improvements to real property to be undenaken by the District as required by Sectior. 190.009, Florida Statutes of the Act.

WHEREFORE,	Petitioner	respectfully	requests	the	8oard	of	County Commissioners of Palm Beach County, Florida to:
Hold a public hearing as required by Section 190.005(1)(d). Florida Statutes to consider the establishment of the Winston Trails Community Development District (East) and;

Adopt an ordinance pursuant to Chapter 190, Florida Statutea, granting this Petition and establishing the Winston Trails Community Development District.
Respectfully submitted this 27th day of M-3Y	, 1998.
WINSTON	TRAILS	DEVELOPMENT
CORPORATION, Petitioner

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Winston Trails Community Development District (East)
EXl:ilBII$;

Exhibit 1 Exhibit2 Exhibit 3
Exhibit4-A

Exhibit 4-B
Exhibit 5

Exhibit 6

Location Map Legal Description
Consents and Proof of Ownership Construction Timetable
Good Faith Cost Estimate

Future Land Use Map from the Palm Beach County Oomprehensive Plan
Statement of Estimated Regulatory Costs

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LEGAL DESCRJPTION:	PORTION OF WlNSTON TRAILS P.U.D.
A parcel of land situate in Section 2, Township 45 South, Range 42 East, Palm Beach Cmm1y, Florida. being more panicul11Tly described u follows:

Bounded on the North by the Lake Worth Drainage OisUict L-16 Canal, bounded on the East by Haverhill Road (not physically open), bounded on the South by a line 60 feet North of the Lake Worth Dl'llinagc District L-17 Canal and bounded on the West by the Lake Wonh Drainage District E-3 Canal.

Containing 177.78 acres of land, more or less.

February 27, 1998
P.A. 94157.00

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