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Home My WebLink About1430-21 Abbott Square CDD-Unknown Recorded Document-20220110-Document 1-001INSTR# 2022005789 OR BK 10521 PG 235 Page 1 of 10 01/10/2022 07:47 AM Rcpt: 2398815 Rec: 86.50 DS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller ORDINANCE NO. 1430-21 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, AN ORDINANCE ESTABLISHING THE ABBOTT SQUARE COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR AUTHORITY AND POWER OF THE DISTRICT; PROVIDING FOR POWERS AND DUTIES OF THE DISTRICT; PROVIDING FOR THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING FOR THE DISTRICT BUDGET; PROVIDING FOR FUNCTIONS OF THE DISTRICT; PROVIDING FOR MISCELLANEOUS PROVISIONS; AND AN EFFECTIVE DATE. WHEREAS, Lennar Homes, LLC (the "Petitioner") has petitioned the City Council of the City of Zephyrhills (the "City") to adopt an ordinance establishing the boundaries of the Abbott Square Community Development District (the "District") pursuant to Chapter 190, Florida Statutes, and granting certain special powers; and WHEREAS, the City, in determining whether to establish the District boundaries, has considered and finds that all statements contained in the Petition to Establish the Abbott Square Community Development District (the "Petition") are true and correct; and WHEREAS, the City has considered and finds that the establishment of the District is not inconsistent with any applicable element or portion of the City of Zephyrhills Comprehensive Plan; and WHEREAS, the City has considered and finds that the area of land within the District is a sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as a functional interrelated community; and WHEREAS, the City has considered and finds that the District is the best alternative for delivering the community development services and facilities to the area that will be served by the District; and WHEREAS, the City has considered and finds that the community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and WHEREAS, the City has considered and finds that the area that will be served by the District is amenable to separate special -district government; and WHEREAS, a duly noticed public hearing on the Petition was held prior to the adoption of this Ordinance establishing the District. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills, Pasco County, Florida, as follows: SECTION 1. AUTHORITY This Ordinance is enacted pursuant to Chapters 125 and 190, Florida Statutes (2021), and under the home rule powers of the City. SECTION 2. LEGISLATIVE FINDINGS OF FACT The foregoing Whereas clauses, incorporated herein, are true and correct. SECTION 3. AUTHORITY AND POWER OR THE DISTRICT a. There is hereby established the District, as depicted in Exhibit 1 of the Petition, and the external boundaries of which are described in Exhibit 2 of the Petition, which 99995760 v] OR BK 10521 PG 236 Page 2 of 10 shall operate in accordance with those requirements as set forth in Florida Statutes, Chapters 189 and 190, the Uniform Community Development District Act of 1980, as amended. b. The establishment of the District shall not affect any requirements for governmental approval of any construction within the District. The Planned Unit Development zoning conditions of approval for "The District at Abbott Square" ("PUD Conditions of Approval"), if any, and as may be amended, pertaining to land within the District shall remain in effect. All other State and local development regulations shall apply. Planning, environmental, and land development regulations shall apply to all development and construction within the District regardless of who undertakes such activity. Further, the District shall not have the authority to adopt a comprehensive plan, building code, or land development code. C. The District shall have no eminent domain powers outside its boundaries without first obtaining the expressed written approval of the City Council of the City of Zephyrhills by resolution. d. The District shall have no authority to fund or construct improvements outside its boundaries except for improvements required to satisfy obligation(s) set forth in the PUD Conditions of Approval, if any, and as applicable. Any such required improvements shall be authorized without the requirement to first enter into an Interlocal Agreement with the City Council of the City of Zephyrhills authorizing such expenditures. e. The District shall comply with all applicable provisions of Chapter 189, Florida Statutes, including, but not limited to, the requirement that a "Public Facilities Report" be made and submitted to the City and Pasco County (the "County") in accordance with Section 189.08, Florida Statutes. SECTION 4. POWERS AND DUTIES OF THE DISTRICT The exclusive charter for the District shall be the uniform community development district charter as set forth in Florida Statutes 190 which includes, but is not limited to, the following: a. The District shall provide financial reports to the Department of Financial Services in the same form and in the same manner as all other political subdivisions, including the City. b. The District shall fully disclose information concerning the financing and maintenance of real property improvements undertaken by the District. Such information shall be made available to all existing and prospective residents of the Abbott Square Community Development District and the City. C. All contracts for the initial sale of real property and residential units within the District shall disclose to the buyer the existence of the District and the District's authority to levy taxes and assessments. Both the text and the placement of the text in the contract of sale must appear as mandated by law. d. The District shall have the authority to pledge only the District's funds, revenues, taxes, and assessments to pay the District's indebtedness. e. All bonds issued by the District shall be secured by a trust agreement between the District and a corporate trustee or trustees. f. In the event of a default on District Bonds, the obligations of the District shall not constitute a debt or obligation of the City, County, any other municipality, or the State. g. The District shall be subject to the Florida Constitution provision requiring approval of ad valorem taxes by referendum; the millage rate for such taxes shall be limited by statute. In addition to the millage cap, the aggregate principal amount of general obligation bonds outstanding at any one (1) time shall not exceed thirty-five (35) percent of the assessed value of the property within the District. Should the residents of the District impose ad valorem taxes upon -2- #9995760 vl OR BK 10521 PG 237 Page 3 of 10 themselves, such taxes shall be in addition to the County's and other ad valorem taxes and shall be assessed, levied, and collected in the same manner as the County's taxes. h Rates, fees, rentals, and other charges for any facilities or services of the District shall be established only after a noticed public hearing. i. Within thirty (30) days after the effective date of this Ordinance, the District shall record a Notice of Establishment of District Boundaries in the property records of the County, which said notice shall include at least the legal description of the property within the District and the notice required to be given to buyers of property within the District. SECTION 5. BOARD OF SUPERVISORS OF THE DISTRICT a. The District Board of Supervisors shall exercise the powers and responsibilities granted to the District. b. The members of the District's Board of Supervisors shall be residents of Florida and citizens of the United States. The names of the five (5) persons designated to be the initial members of the Board of Supervisors are listed in the Petition. C. After the Board of Supervisors shifts to being elected by the resident electors of the District, the supervisors shall also be residents and electors of the District. CL Candidates for the District's Board of Supervisors seeking election to office by the qualified electors of the District shall be subject to the same campaign financing disclosure requirements and oath of office requirements as candidates for any other public office. e. The compensation of each supervisor is limited to Two Hundred and 00/100 Dollars ($200.00) per meeting (not to exceed Four Thousand Eight Hundred and 00/100 Dollars [$4,800.00] per year), plus standard State travel and per diem expenses, unless a higher compensation is approved by a referendum of the residents of the District. f. All meetings of the District's Board of Supervisors, which shall include a minimum of four (4) times per year during evening hours, must be open to the public and governed by the Government -in -the -Sunshine requirements of Chapter 286, Florida Statutes. g. The District's Board of Supervisors shall follow Chapter 120, Florida Statutes, procedures in adopting rules. h. The records of the District's Board of Supervisors must be open for public inspection by any person at any reasonable time, pursuant to Chapter 119, Florida Statutes, and the said records shall be kept in the manner and in the place mandated by law. a. The District budget shall be adopted annually by the District's Board of Supervisors, and prior to approval by the said Board, shall be the subject of a duly noticed public hearing at which the said Board must hear all objections to the budget. b. Proposed District budgets shall be submitted by the District's Board of Supervisors to the County at least sixty (60) days before adoption by the District's Board of Supervisors. SECTION 7. FUNCTIONS OF THE DISTRICT a. The District may exercise the general powers provided in Section 190.011, Florida Statutes. b. The District may exercise the statutory powers including, the powers set forth in Sections 190.012(1)(a) -(h), (2)(a), (c), (d) and (f), Florida Statutes. -3- #9995760 vl OR BK 10521 PG 238 Page 4 of 10 C. The powers and functions of the District do not replace, diminish, or obviate the applicability of any City ordinance to the property and the development of the property currently within the District, as described in Exhibit 2 of the Petition, and as the District might be expanded or contracted. SECTION 8. MISCELLANEOUS PROVISIONS a. The City may require, based upon the numbers of residential units planned within the District, that the District's community facilities be used to accommodate the establishment of a polling place by the Pasco County Supervisor of Elections. b. The City, at its option, may adopt a non -emergency ordinance providing a plan for the transfer of a specific community development service from the District to the City. The plan shall provide the assumption and guarantee of the District debt that is related to the service and shall demonstrate the ability of the City to provide the service as efficiently as the District at a level of quality equal to or higher than that actually delivered by the District and at charge equal to or lower than the actual charge by the District. C. The District shall not levy assessments on any property lying within the boundaries of the District either owned or to be owned by the City, the County, or the District School Board of Pasco County. All applicable documents pertaining to the undertaking of funding and construction by the District shall reflect the following: (1) all District -related assessments shall not apply to any property either owned or to be owned by the City, the County or the District School Board of Pasco County; and (2) no debt or obligation of such District shall constitute a burden on any property either owned or to be owned by the City, the County or District School Board of Pasco County. d. Any and all property owned by the District shall be subject to, and the District shall pay, all City and/or County imposed user fees, including, but not limited to, stormwater utility and solid waste disposal fees, whether or not such fees are collected via the non -ad valorem assessment method. Further, property within the boundaries of the District may be subject to existing or future taxes, assessments, or user fees imposed by the City and/or the County, or any existing or future dependent district of the City and/or the County, and such taxes, assessments, and user fees could be equal in priority to the District's assessments and fees. Such taxes, assessments and user fees shall not be considered inconsistent with, or an impairment of, the financial obligations of the District, and the possibility of such taxes, assessments, and user fees shall be disclosed in all applicable documents pertaining to the undertaking of funding and construction by the District. e. The Petition to Establish the Abbott Square Community Development District is attached hereto in its entirety and incorporated herein. SECTION 9. SEVERABILITY To the extent that any portion of this Ordinance is in conflict with Chapter 190, Florida Statutes or any other Florida Statute, as amended, then the Florida Statutes shall govern, and the remainder of this Ordinance shall be construed as not having contained such section, subsection, sentence, clause, or provision and shall not be affected by such holding. SECTION 10. EFFECTIVE DATE A certified copy of this Ordinance shall be filed in the Office of the Secretary of State by the Clerk to the City Council of the City of Zephyrhills within ten (10) days after adoption of this Ordinance and shall take effect upon filing. Tie �WgRIA*Odinance No. 1430-21 was read and passed on the first reading, in an open and regular rrahngothe Ci�uncil of the City of Zephyrhills, Florida, on this 29'h day of November, 2021. as AtteS r' ' Lori L. Hillman, City Clerk W. Alan Knight, ouncil President 00 ;x y -4- #9995760 vl OR BK 10521 PG 239 Page 5 of 10 The foregoing Ordinance No. 1430-21 was read and passed on the second reading, following a public hearing in an, open and regular meeting of the City Council of the City of Zephyrhills, Florida, on this 13'' day Ve` 421. 00 Attest: ; k L96%,L, Hill iiiarl, Uity Clerk W. Alan Knigh Council President The fdT�ing.Qririe�No. 1430-21 was approved by me this �' day of December, 2021. G Whitfield, Ma r Approved as to 1 1 fonn an legal tent. Matthew E. Maggard, eity Attorney -5- #9995760 vl OR BK 10521 PG 240 Page 6 of 10 L WETLAND Spring fiII P dq nznor I = rdo i Wa wv�=.�'�r<�,w wl ,. ..i..,,�„ - Mo5arv5.fc ,.-.v: •m .""'Y, �..�. .�..a-tu ,.y..... :. _ SILVERA00 GOLF Y AND COUNTRY - - WETLAND l \ AREA ^� ' i�4 II EXISTING K^"Y; CLUB t idsc `w i Lvav,� d Wd C SiLVERADO `: s a SUBDIVISION -- _ PROJECT '� �. 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