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OR BK 10521 PG 238 Page 4 of 10 <br />C. The powers and functions of the District do not replace, diminish, or obviate <br />the applicability of any City ordinance to the property and the development of the property currently <br />within the District, as described in Exhibit 2 of the Petition, and as the District might be expanded or <br />contracted. <br />SECTION 8. MISCELLANEOUS PROVISIONS <br />a. The City may require, based upon the numbers of residential units planned <br />within the District, that the District's community facilities be used to accommodate the <br />establishment of a polling place by the Pasco County Supervisor of Elections. <br />b. The City, at its option, may adopt a non -emergency ordinance providing a plan <br />for the transfer of a specific community development service from the District to the City. The plan <br />shall provide the assumption and guarantee of the District debt that is related to the service and shall <br />demonstrate the ability of the City to provide the service as efficiently as the District at a level of <br />quality equal to or higher than that actually delivered by the District and at charge equal to or lower <br />than the actual charge by the District. <br />C. The District shall not levy assessments on any property lying within the <br />boundaries of the District either owned or to be owned by the City, the County, or the District <br />School Board of Pasco County. All applicable documents pertaining to the undertaking of <br />funding and construction by the District shall reflect the following: (1) all District -related <br />assessments shall not apply to any property either owned or to be owned by the City, the County <br />or the District School Board of Pasco County; and (2) no debt or obligation of such District shall <br />constitute a burden on any property either owned or to be owned by the City, the County or <br />District School Board of Pasco County. <br />d. Any and all property owned by the District shall be subject to, and the <br />District shall pay, all City and/or County imposed user fees, including, but not limited to, <br />stormwater utility and solid waste disposal fees, whether or not such fees are collected via the <br />non -ad valorem assessment method. Further, property within the boundaries of the District may <br />be subject to existing or future taxes, assessments, or user fees imposed by the City and/or the <br />County, or any existing or future dependent district of the City and/or the County, and such <br />taxes, assessments, and user fees could be equal in priority to the District's assessments and fees. <br />Such taxes, assessments and user fees shall not be considered inconsistent with, or an impairment <br />of, the financial obligations of the District, and the possibility of such taxes, assessments, and <br />user fees shall be disclosed in all applicable documents pertaining to the undertaking of funding <br />and construction by the District. <br />e. The Petition to Establish the Abbott Square Community Development <br />District is attached hereto in its entirety and incorporated herein. <br />SECTION 9. SEVERABILITY <br />To the extent that any portion of this Ordinance is in conflict with Chapter 190, Florida <br />Statutes or any other Florida Statute, as amended, then the Florida Statutes shall govern, and the <br />remainder of this Ordinance shall be construed as not having contained such section, subsection, <br />sentence, clause, or provision and shall not be affected by such holding. <br />SECTION 10. EFFECTIVE DATE <br />A certified copy of this Ordinance shall be filed in the Office of the Secretary of State by the <br />Clerk to the City Council of the City of Zephyrhills within ten (10) days after adoption of this <br />Ordinance and shall take effect upon filing. <br />Tie �WgRIA*Odinance No. 1430-21 was read and passed on the first reading, in an open and regular <br />rrahngothe Ci�uncil of the City of Zephyrhills, Florida, on this 29'h day of November, 2021. <br />as <br />AtteS r' <br />' Lori L. Hillman, City Clerk W. Alan Knight, ouncil President <br />00 <br />;x y <br />-4- <br />#9995760 vl <br />