HomeMy WebLinkAboutO-2007-008 Aqua Isles ORDINANCE NO. 2007-008
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
ESTABLISHING THE AQUA ISLES COMMUNITY DEVELOPMENT
DISTRICT; MAKING CERTAIN FINDINGS REGARDING THE DISTRICT;
DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT;
NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS
OF THE BOARD OF SUPERVISORS; PROVIDING FOR CERTAIN SPECIAL
POWERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That the City of Dania Beach, Florida ("City") is authorized to adopt
this Ordinance under the authority granted by the provisions of Chapter 166, Florida Statutes, as
amended, and other applicable provisions of law.
Section 2. That it is found and determined that:
A. Aqua Isles by Carr Residential, LLC, a Florida limited liability company, the
owner of 100% of that certain development within the City commonly known as Aqua Isles (the
"Property"), has petitioned the City to form a community development district for the Property
within the meaning of the Uniform Community Development Act of 1980, Chapter 190, Florida
Statutes (the "Act") as a reasonable and appropriate method of providing the infrastructure to
serve residents of the Property. The District would be known as the "Aqua Isles Community
Development District" (the "District") and the boundaries of the District would be coterminous
with the boundaries of the Property.
B. The City has conducted a public hearing on the Petition in accordance with the
requirements of section 190.005(1)(d) and has considered the record of the public hearing and
the factors set forth in section 190.005(1)(e) of the Act, among other factors, and finds that:
1. All statements in the Petition have been found to be true and correct;
2. The creation of the District is not inconsistent with any applicable elements or
portion of the State of Florida's comprehensive plan or of the effective City
comprehensive plan;
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community;
4. The District is the best alternative available for delivering community development
services and facilities to the area that will be served by the District; and
5. 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.
6. The area that will be served by the District is amenable to separate special-district
government.
C. The City now desires to grant the Petition and to establish the District, as more
fully set forth in this Ordinance.
Section 3. That the City grants the Petition and establishes the District as a
community development district within the meaning of the Act and as an independent special
district within the meaning of Chapter 189, Florida Statutes. The name of the District shall be the
"Aqua Isles Community Development District."
Section 4. That the external boundaries of the District shall be as set forth on
Exhibit A, attached and incorporated by this reference.
Section 5. That the five persons to be the initial members of the Board of
Supervisors of the District, each of whom is designated in the Petition, are as follows:
Name: James Carr
Address:1560 South Dixie Highway, Suite 211
Coral Gables, Florida 33146
Name: Oscar Barbara
Address: 1560 South Dixie Highway, Suite 211
Coral Gables, Florida 33146
Name: Harold Eisenacher
Address: 1560 South Dixie Highway, Suite 211
Coral Gables, Florida 33146
2 ORDINANCE#2007-008
Name: Ricardo Coelho
Address: 1560 South Dixie Highway, Suite 211
Coral Gables, Florida 33146
Name: Albert Sanchez
Address: 1560 South Dixie Highway, Suite 211
Coral Gables, Florida 33146
Section 6. That pursuant to section 190.012(2) of the Act, the City consents to the
exercise by the District of the power to plan, establish, acquire, construct or reconstruct, enlarge
or extend, equip, operate and maintain systems and facilities within the boundaries of the
property for (1) parks and facilities for indoor and outdoor recreational, cultural and educational
uses; (2) fire prevention and control, including fire stations, water mains and plugs, fire trucks
and other vehicles and equipment; (3) security, including, but not limited to, guardhouses, fences
and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper
governmental agencies, except that the District may not exercise any police power, but may
contract with the appropriate local general-purpose government agencies for an increased level
of such services within the District boundaries; and (4) control and elimination of mosquitoes
and other arthropods of public health importance. The foregoing powers are in addition, and
supplemental, to the powers which the proposed District would be entitled to exercise pursuant
to Sections 190.011 and 190.012 (1) and (3) of the Act.
Section 7. That the disclosures set forth in Exhibit `B" attached to this Ordinance
shall apply to the sale of residential units within the boundaries of the District.
Section 8. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
3 ORDINANCE#2007-008
Section 9. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 10. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on April 10, 2007.
PASSED AND ADOPTED on second reading on April 24, 2007.
OB ANTO
MAYOR-COMMISSIONER
ATTEST:
atk k-— CFO
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM ND CORRECTNESS:
BY:
THOMAS J. ANS RO
CITY ATTORNEY
4 ORDINANCE#2007-008
EXHIBIT "A"
EXTERNAL BOUNDARIES OF THE DISTRICT
LEGAL DESCRIPTION
BEGINNING at the Southwest corner of Section 30, Township 50 South, Range 42 East of
Broward County, Florida;
THENCE North 01*46'18" West on the West line of the Southwest one-quarter (S.W. '/4) of
said Section 30, a distance of 886.69 feet;
THENCE North 88°13156" East, a distance of 528.68 feet;
THENCE South 01°46'18" East, a distance of 925.96 feet to a point on the South line of the
Southwest one-quarter(S.W. '/4) of said Section 30;
THENCE North 87°31'11" West on the South line of the Southwest one-quarter (S.W. '/4)
of said Section 30, a distance of 530.14 feet to the POINT OF BEGINNING;
LESS AND EXCEPT the South 53.0 feet for County Road per Official Records Book
18740,Page 421 of the Public Records of Broward County, Florida.
Said lands being in the City of Dania Beach, Broward County, Florida and containing
451,059 square feet(10.35 acres), more or less.
5 ORDINANCE#2007-008
EXHIBIT "B"
DISCLOSURES APPLICABLE WITHIN THE DISTRICT
A. In addition to the disclosure required by Section 190.048, Florida Statutes, a copy of
which is set forth below at (*), the following measures shall be taken by the petitioner with
respect to disclosing the District to prospective purchasers of residential units from the petitioner
within the District boundaries:
1. The petitioner shall provide prospective purchasers of residential units from the
petitioner with a summary sheet containing information relating to the existence of the District,
the functions of the District, and the fact that the District will be funding certain infrastructure
within the District through special assessments on residential units within the District;
2. The petitioner shall provide prospective purchasers of residential units from the
petitioner with a copy of a sample tax bill for a residential unit within a community development
district highlighting the community development district special assessment;
3. The petitioner shall post a sign at the entrance to the project to be constructed on the
Property and at the project sales office disclosing the existence of the District, the functions of
the District, and the fact that the District will be funding certain infrastructure within the District
through special assessments on residential units within the District. The signs shall be installed
at locations that are readily available for viewing by prospective purchasers of residential units
within the District.
4. The petitioner shall provide its sales staff with training regarding the District and
instruct the sales staff to verbally inform prospective purchasers of residential units within the
District of the existence of the District and to review the summary sheet referenced in Section 1
above.
5. All sales advertising prepared by the petitioner for the proposed project being
constructed within the District shall state that the proposed project is located within a community
development district and that the District will be funding certain infrastructure within the District
through special assessments on residential units within the District.
B. The disclosure required by Section 190.048, Florida Statutes, to be given to the initial
purchaser of a residential unit within the District, shall also be given by each purchaser of a
residential unit within the District to the subsequent purchaser of such residential unit in the
ORDINANCE#2007-008
same manner as set forth in Section 190.048, Florida Statutes. In addition, at closing of each
residential unit within the District, the purchaser shall be provided with a separate sheet of paper
with the disclosure language as set forth in Section 190.048, and the purchaser shall sign the
sheet of paper acknowledging receipt of such disclosure. Further, each deed transferring title to
a residential unit within the District shall contain the disclosure language set forth in Section
190.048.
(*) 190.048 Sale of real estate within a district; required disclosure to
purchaser.--Subsequent to the establishment of a district under this chapter, each
contract for the initial sale of a parcel of real property and each contract for the initial sale
of a residential unit within the district shall include, immediately prior to the space
reserved in the contract for the signature of the purchaser, the following disclosure
statement in boldfaced and conspicuous type which is larger than the type in the
remaining text of the contract: "THE (Name of District) COMMUNITY
DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR
ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS
PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE
CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN
PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET
ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE
TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER
LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
7 ORDINANCE 42007-008
PETITION TO ESTABLISH AQUA ISLES
COMMUNITY DEVELOPMENT DISTRICT
January, 2007
{00004470.DOC v.1 8/8/2006 07:47 PM)
BEFORE THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA
IN RE: AN ORDINANCE TO ESTABLISH THE AQUA ISLES
COMMUNITY DEVELOPMENT DISTRICT
PETITION
Aqua Isles by Carr Residential, LLC, a Florida limited liability company
("Petitioner"), hereby submits this Petition to the City Commission of the City of Dania
Beach, Florida, pursuant to the Uniform Community Development District Act of 1980,
Chapter 190, Florida Statutes, to establish a Community Development District with
respect to the land described herein. In support of this Petition, Petitioner states as
follows:
1. Location and Size. The proposed District is located on the north side of
Griffin Road at S.W. 40°i Avenue in the Dania Beach, Florida, and contains
approximately 10.35 acres. The general location of the proposed District is shown on
Exhibit 1 attached hereto. The metes and bounds description of the external boundaries
of the proposed District is set forth in Exhibit 2 attached hereto.
2. Landowner Consent. Attached hereto as Exhibit 3 is the written consent of
the owner of 100% of the real property to be included within the proposed District.
3. Name. The proposed name of the proposed District to be established is
Aqua Isles Community Development District (the "District").
4. Initial Board Members. The five persons designated to serve as initial
members of the Board of Supervisors of the proposed District are as follows:
Name: James Carr
Address:1560 South Dixie Highway, Suite 211
Coral Gables, Florida 33146
Name: Oscar Barbara
Address: 1560 South Dixie Highway, Suite 211
Coral Gables, Florida 33146
{00004470.DOC v.l 8/8/2006 07:47 PM}
Name: Harold Eisenacher
Address: 1560 South Dixie Highway, Suite 211
Coral Gables, Florida 33146
Name: Lisa Eisenacher
Address: 1560 South Dixie Highway, Suite 211
Coral Gables, Florida 33146
Name: Albert Sanchez
Address: 1560 South Dixie Highway, Suite 211
Coral Gables, Florida 33146
All of the above listed persons are residents of the State of Florida and citizens of
the United States of America.
5. Existing Land Uses. The lands within the proposed District are currently
vacant and are zoned in the PRD-l(Planned Unit Residential) zoning district, as set forth
in the City of Dania Beach Zoning Code.
6. Future Land Uses. The proposed development of the lands within the
proposed District contemplates the construction of 127 townhouses and 20 docks. These
proposed land uses are consistent with the state comprehensive plan, and with the City of
Dania Beach Comprehensive Plan, which designates the Property as Low Medium (10)
Residential as shown on Exhibit 4 attached hereto. Exhibit 5 attached hereto shows the
proposed development plan for the lands within the District.
7. Major Water and Wastewater Facilities. Exhibit 6 attached hereto shows
the existing major trunk water mains and sewer connections serving the lands within the
District. Exhibit 6 also depicts the major outfall canals and drainage system for the lands
within the proposed District.
8. District Facilities and Services. The Petitioner presently intends for the
proposed District to participate in the funding and construction of the following described
improvements:
(a) Surface water management system;
(b) Water distribution system; and
(c) Wastewater collection system.
100004470.DOC v.1 8/8/2006 07:471'M 1 2
Exhibit 7 attached hereto sets forth the estimated costs of construction of the
improvements Petitioner presently expects the proposed District to fund, construct and
install. The proposed timetable for construction is shown in Exhibit 8 attached hereto.
These are good faith estimates but are subject to change. Actual construction timetables
and expenditures will likely vary, due in part to the effects of future changes in economic
conditions upon costs such as labor, services, materials, interest rates and market
conditions.
9. Statement of Estimated Regulatory Costs. A Statement of Estimated
Regulatory Costs prepared in accordance with the requirements of Section 120.541,
Florida Statutes, is attached hereto as Exhibit 9.
10. Petitioner and Authorized Agent. The Petitioner is Aqua Isles by Carr
Residential LLC, a Florida limited liability company, whose address is 1560 South Dixie
Highway, Suite 209, Coral Gables, Florida 33146. Copies of all correspondence and
official notices should also be sent to the authorized agent for the Petitioner:
Dennis E. Lyles, Esq.
Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A.
888 S.E. 3`d Avenue, Suite 301
Fort Lauderdale, Florida 33316
Phone: 954-764-7150 / Fax: 954-764-7279
Email: dlyles(a)bchlm.com
11. This Petition to establish the Aqua Isles Community Development District
should be granted for the following reasons:
a. Establishment of the proposed District and all land uses and services
planned within the proposed District are not inconsistent with any applicable clement or
portion of the state comprehensive plan or the effective local government comprehensive
plan.
b. The area of land within the proposed District is part of a unified plan
of development that has been or will be approved by the City Commission of the City of
Dania Beach, Florida. It is of a sufficient size and is sufficiently compact and contiguous
to be developed as one functional and interrelated community.
100004470.1)OC v.] 8/8/2006 07:47I'M1 3
C. The proposed District will be the best alternative available for
delivering community development services and facilities to the area to be served without
financially impacting persons residing outside the proposed District. Establishment of
the proposed District in conjunction with a comprehensively planned community, as
proposed, allows for a more efficient use of resources.
d. The community development services and facilities of the proposed
District will be compatible with the capacity and use of existing local and regional
community development services and facilities. In addition, the establishment of the
proposed District will provide a perpetual entity capable of making reasonable provisions
for the operation and maintenance of the proposed District services and facilities in the
future.
e. The area to be served by the proposed District is amenable to
separate special-district government.
WHEREFORE, Petitioner respectfully requests the City Commission of the Dania
Beach, Florida to:
a. Hold a public hearing to consider the establishment of the Aqua Isles
Community Development District in accordance with the requirements of Section
190.005(2)(b), Florida Statutes; and
b. Adopt an ordinance pursuant to Chapter 190, Florida Statutes,
granting this Petition and establishing the Aqua Isles Community Development District.
SUBMITTED this 1'1 day of �r*; y 12007.
Aqua Isles by Carr Residential, LLC, a Florida limited
liability company
By:
Print: fyaro%/Fser�acker
Title:
100004470.DOC r.l 818C006 07.47 PAI; 4
EXHIBIT 1
LOCATION SKETCH
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EXHIBIT 2
METES AND BOUNDS DESCRIPTION
100004470.DOC vJ 8/8/2000 07:47 PM}
LEGAL DESCRIPTION :
BEGINNING at the Southwest corner of Section 30, Township
50 South, Range 42 East of Broward County, Florida;
THENCE North 01 "46'18" West on the West line of the
Southwest one-- Quarter (S.W. 4) of said Section 30, a
distance of 886.69 feet;
THENCE North 88°13'56" East, a distance of 528.68 feet;
THENCE South 01 °46'18" East, a distance of 925.96 feet to
a point on the South line of the Southwest one—quarter
(S.W.a) of said Section 30;
THENCE North 87°31 '11 " West on the South line of the
Southwest one—quarter (S.W.4 of said Section 50, a
distance of 53014 feet to the POINT OF BEGINNING;
LESS AND EXCEPT the South 53.0 feet for County Road per
Official Records Book 18740, Page 421 of the Public
Records of Broward County, Florida.
Said lands being in the City of Dania Beach, Broward
R County, Florida and containing 451 ,059 square feet (10.35
acres), more or less.
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EXHIBIT 3
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF THE
AQUA ISLES COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA
COUNTY OF t.ami- Dade.
On this � day of '1 �� 2007, personally appeared before me,
Qrold 6 1 n?Cho/) an officer duly authorized to administer oaths and take
acknowledgements, who, after being duly swom, deposes and says:
1. Affiant is the Vju f L 4of Aqua Isles by Can' Residential, LLC, a
Florida limited liability company (the "Company").
2. The Company is the owner of the following described property, to wit:
See Exhibit "A" attached hereto (the "Property")
3. Affiant hereby represents that she/he has full authority to execute all
documents and instruments on behalf of the Company, including the Petition before City
Commission of the City of Dania Beach, Florida, to enact an ordinance to establish the
Aqua Isles Community Development District (the "Proposed CDD").
4. The Property constitutes all of the real property to be included in the
Proposed CDD.
5. Affiant, on behalf of the Company, hereby consents to the establishment of
the Proposed CDD.
�00004470.DOC%.l 8/82006 07:47 PM I
FURTHER AFFIANT SAYETH NOT.
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Subscribed and sworn to before me this ( day of xnLkc v 2007, by
Narold C(ser1Q(&#vho personally appeared before me, and is personally known.
1
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� ��IVM11rE�JWB'� Print Name: �kp>� � A �—rcL �COIM DOMO553D
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Notary Public, State of Florida
00001470.DOC%.) 8i82006 07'.47P'A
Exhibit "A" to Affidavit
Legal Description of Property
100004470.DOC N 1 M2000 07'A7 PM I
LEGAL DESCRIPTION :
BEGINNING at the Southwest carrier of Section 30, Township
50 South, Range 42 East of Broward County, Florida;
THENCE North 01 °46'18" West on the West line of the
Southwest one—quarter (S.W.4) of said Section 30, a
distance of 886.69 feet;
THENCE North 88e13'56" East, a distance of 528.58 feet;
THENCE South 01e46'18" East, a distance of 925.96 feet to
a point on the South line of the Southwest one—quarter
(S.W.4) of said Section 30;
THENCE North 87e31 '11 " West on the South line of the
Southwest one—quarter (S.W.4) of said Section 30, a
distance of 530. 14 feet to the POINT OF BEGINNING;
LESS AND EXCEPT the South 53.0 feet for County Road per
Official Records Book 18740, Page 421 of the Public
Records of Broward County, Florida.
Said lands being in the City of Dania Beach, Broward
County, Florida and containing 451 ,059 square feet (10.35
acres), more or less.
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EXHIBIT 4
FUTURE LAND USE DESIGNATION
100004470.DOC v 1 8/8/2006 07:47 PM I
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EXHIBIT 5
PROPOSED DEVELOPMENT PLAN
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EXHIBIT 6
MAJOR TRUNK WATER MAINS, SEWER INTERCEPTORS AND OUTFALLS
{00004470.DOC v.1 8/8/2006 07:47 PM}
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EXHIBIT 7
ESTIMATED COSTS OF DISTRICT IMPROVEMENTS
Surface Water Management $ 661,770
Water Distribution S 441,049
Wastewater Collection $ 955,960
Total Estimated Costs $ 2,058,779
00004470.DOC v.1 8/8/2000 07:47 PM I
EXHIBIT 8
PROPOSED TIMETABLE FOR CONSTRUCTION OF DISTRICT
IMPROVEMENTS
Start Date Completion Date
Stormwater Management November, 2006 June, 2007
Water Distribution November, 2006 June, 2007
Wastewater Collection November, 2006 June, 2007
100004470 DOC NA 8/8/2000 07:47 PM}
EXHIBIT 9
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form the
Aqua Isles Community Development District ("District"). The proposed District
comprises approximately 10.35 acres of land located within the City of Dania Beach (the
"City"), Broward County (the "County"), Florida. The limitations on the scope of this
SERC are explicitly set out in Section 190.002 (2) (d), F.S. (governing District formation
or alteration) as follows:
"That the process of establishing such a district pursuant to uniform general law shall be
fair and based only on factors material to managing and financing the service delivery
function of the district, so that any matter concerning permitting or planningof f the
development is not material or relevant (emphasis added)."
1.2 Overview of the Aqua Isles Community Development District
The proposed District is designed to provide community infrastructure, services, and
facilities along with certain on-going operations and maintenance to the Aqua Isles
Community Development District. The Aqua Isles Community Development District
will encompass approximately 10.35 acres. The development plan for the proposed lands
within the District includes the construction of approximately 127 residential units and 20
docks (the "Development"). All are authorized for inclusion within the District.
A Community Development District is an independent unit of special purpose local
government authorized by Chapter 190, Florida Statutes, to plan, finance, construct,
operate and maintain community-wide infrastructure in planned community
developments. CDD's provide a "solution to the state's planning, management and
financing needs for delivery of capital infrastructure to service projected growth without
overburdening other governments and their taxpayers." Section 190.002 (1) (a), F.S.
A CDD is not a substitute for the local, general purpose, government unit, i.e., the City or
County in which the CDD lies. A CDD does not have permitting, zoning or police
powers possessed by general purpose governments. A CDD is an alternative means of
financing, constructing, operating, and maintaining community infrastructure for planned
developments, such as the proposed Development herein. The scope of this SERC is
100004835.DOC v.1 12/7/2006 12.17 PM12
limited to evaluating the consequences of approving the proposal to establish the Aqua
Isles Community Development District.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541 (2), F.S. (1997), defines the elements a statement of estimated regulatory
costs must contain:
(a) A good faith estimate of the number of individuals and entities likely to be
required to comply with the rule, together with a general description of the types of
individuals likely to be affected by the rule.
(b) A good faith estimate of the cost to the agency], and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state and local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local governmental entities, required to comply with
the requirements of the rule. As used in this paragraph, "transactional costs" are direct
costs that are readily ascertainable based upon standard business practices, and include
filing fees, the cost of obtaining a license, the cost of equipment required to be installed
or used or procedures required to be employed in complying with the rule, additional
operating costs incurred, and the cost of monitoring and reporting.
(d) An analysis of the impact on small businesses as defined by Section 288.703,
F.S., and an analysis of the impact on small counties and small cities as defined by
Section 120.52, F.S. (The City is not defined as a small city for purposes of this
requirement.)
(e) Any additional infom3ation that the agency determines may be useful.
(0 In the statement or revised statement, whichever applies, a description of any
good faith written proposal submitted under paragraph (1) (a) and either a statement
adopting the alternative or a statement of the reasons for rejecting the alternative in favor
of the proposed rule.
2.0 A good faith estimate of the number of individuals and entities likely to be
required to comply with the rule, together with a general description of the types of
individuals likely to be affected by the rule.
As noted above, the Development described herein is an anticipated planned community
designed for up to 127 total residential units. Formation of the District would put all of
these households under the jurisdiction of the District. It is not anticipated that anyone
For the purposes of this SERC,the lei m"agency means City of Dania Beach and the term"rule" means
the ordinance(s) which the City of Dania Beach will enact in connection with the creation of the District.
00004835.DO(1.1 12/7/2000 12 17iw13
outside the District would be affected by the rule creating the District, although the State
of Florida, the City and County would be required to comply with the rule.
3.0 Good faith estimate of the cost to state and local government entities, of
implementing and enforcing the proposed rule, and any anticipated effect on state
and local revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Rule
State Government Entities
There will be only modest costs to various State governmental entities to implement and
enforce the proposed formation of the District. The District as proposed will encompass
less than 1,000 acres; therefore, the City is the establishing entity under 190.005 (1) F.S.
The modest costs to various State entities to implement and enforce the proposed rule
relate strictly to the receipt and processing of various reports that the proposed District is
required to file with the State and its various entities. Appendix A lists the reporting
requirements. The costs to those State agencies that will receive and process the
District's reports are very small, because the District is only one of many governmental
units that are required to submit the various reports. Therefore, the marginal cost of
processing one additional set of reports is inconsequential. Additionally, pursuant to
section 169.412, F.S., the District will be required to pay an annual fee to the State of
Florida Department of Community Affairs, which offsets such costs.
Citv of Dania Beach
The proposed land for the District is in the City of Dania Beach, Broward County,
Florida. The City and its staff may process and analyze the petition, conduct hearings
with respect to the petition, and the City Commission of the City of Dania Beach will
vote upon the petition to establish the District. These activities will absorb some
resources. The costs to produce the record of the City Commission hearing, the transcript
of the hearing, and the ordinance adopted by the City Commission will be offset by the
filing fee required under 190.005(1)(b), F.S.
These costs to the City are modest for a number of reasons. First, according to Chapter
190, F.S., review of the petition to establish the District does not include analysis of the
project itself. Second, the petition itself provides much of the information needed for a
staff review. Third, local governments already possess the staff needed to conduct the
review without the need for new staff. Fourth, there is no capital required to review the
petition. Fifth, the potential costs to the City are offset by the required filing fee. Finally,
local governments routinely process similar petitions for land uses and zoning charges
that are far more complex than is the petition to establish a community development
district.
The annual costs to the City because of the establishment of the District are also very
small. The proposed District is an independent unit of local government. The only
100004835.1)0( v.1 12/7/2006 12 17 PM)4
annual costs the City faces are the minimal costs of receiving and reviewing the various
reports that the District is required to provide to the local governing authorities.
3.2 Impact on State and Local Revenues
Adoption of the proposed rule will have no negative impact on State and local revenues.
The District is an independent unit of local government. It is designed to provide
community facilities and services to serve the planed Development. It has its own
sources of revenue. No State or local subsidies are required or expected.
In this regard it is important to note that any debt obligations incurred by the District to
construct its infrastructure, or for any other reason, are not debts of the State of Florida,
the City, or any other unit of local government. In accordance with State law, debts of
the District are strictly its own responsibility.
4.0 A good faith estimate of the transactional costs are likely to be incurred by
individuals and entities required to comply with the requirements of the ordinance.
Table 1 provides an outline of the various facilities and services the proposed District
may provide. The proposed CDD intends to finance stormwater management and control
systems, including earthworks and landscaping, and water distribution and wastewater
collection and transmission facilities.
Table 1. Aqua Isles Community Development District
Proposed Facilities and Services
FACILITY FUNDED O&M OWNERSHIP
BY
Stormwater
Management CDD CDD CDD
Water Improvements CDD CITY CITY
Wastewater Improvements CDD CITY CITY
CDD = PROPOSED COMMUNITY DEVELOPMENT DISTRICT; CITY = CITY OF
DANIA BEACH
The petitioner has estimated the design and development costs for providing the capital
facilities as outlined in Table 1. The cost estimates are shown in Table 2 below. Total
design and development costs for these facilities are estimated to be approximately
S2,058,779. The District may issue special assessment or other revenue bonds to fund
the development of these facilities. These bonds would be repaid through non ad
00003535.D0C v,1 12,72006 12:17 PM}5
valorem assessments levied on all properties in the District that may benefit from the
District's capital improvement program outlined in Table 2.
Prospective future landowners in the District may be required to pay non-ad valorem
assessments levied by the District to secure the debt incurred through bond issuance. In
addition to the levy of non-ad valorem assessments for debt service, the District may also
impose a non-ad valorem assessment to fund the operations and maintenance of the
District and its facilities and services. However, locating in the District by new residents
is completely voluntary. So, ultimately, all owners and users of the affected property
choose to accept the non-ad valorem assessments as a tradeoff for the numerous benefits
and facilities that the District provides. In addition, state law requires all assessments
levied by the District to be disclosed by the seller to all prospective purchasers of
property within the District.
A Community Development District ("CDD") provides residents with the option of
having higher levels of facilities and services financed through self-imposed charges.
The District is an alternative means to finance necessary community services. District
financing is no more expensive, and often less expensive, than the alternatives of a
municipal service taxing unit (MSTU), a neighborhood association, City/County
provision, or through developer equity and/or bank loans.
In considering these costs it shall be noted that occupants of the lands to be included
within the District will receive three major classes of benefits.
First, those residents and businesses in the District will receive a higher level of public
services and amenities sooner than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the community services and amenities
will be completed concurrently with development of lands within the District. This
satisfies the revised growth management legislation, and it assures that growth pays for
itself without undue burden on other consumers. Establishment of the District will ensure
that these landowners pay for the provision of facilities, services and improvements to
these lands.
Third, a CDD is the sole form of governance which allows District landowners, through
landowner voting and ultimately electoral voting for resident elected boards, to determine
the type, quality and expense of the District services they receive, provided they meet the
City's overall requirements.
The cost impact on the ultimate landowners in the District is not the total cost for the
District to provide infrastructure services and facilities. Instead, it is the incremental
costs above what the landowners would have paid to install infrastructure via an
alternative financing mechanism. Given the low cost of capital for a CDD, the cost
impact to landowners is negligible. This incremental cost of the high quality
infrastructure provided by the District is likely to be fairly low.
00004835,DOC v.] 12/7/2006 12.17PM}6
Table 2. Cost Estimate for District Facilities
CATEGORY COST
Stormwater Management $ 661,770
Water Improvements $ 441,049
Wastewater Improvements $ 955,960
Total Estimated Costs $ 2,058,779
5.0 An analysis of the impact on small businesses as defined by Section 288.703,
F.S., and an analysis of the impact on small counties and small cities as defined by
Section 120.52, F.S.
There will be little impact on small businesses because of the formation of the District. If
anything, the impact may be positive. This is because the District must competitively bid
many of its contracts. This affords small businesses the opportunity to bid on District
work.
The City has an estimated population in 2000 that is greater than 10,000. Therefore the
City is not defined as a "small" City according to Section 120.52. F.S.
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of economic
theory, especially as it relates to tracking the incidence of regulatory costs and benefits.
Inputs were received from the Developer's Engineer and other professionals associated
with the Developer.
00004335.DO( v_1 12/7/2006 12:17PM}7
4
APPENDIX A
Reporting Requirements
Florida Special District Handbook
APPENDIX A: REPORTING REQUIREMENTS AT A GLANCE
Submission Statutory / Rule Applicable Special Due Date
Requirement Reference I Districts
AuwoR GENERAL,LOCAL GOVERNMENT SECTION.
Room 401,Claude Pepper'Building, 111 West Madison Street,Tallahassee, Florida 32399-1450
All special districts':+nth
either revenues of
experxlitures of more than
`1100.Ca0.0 00
All special district's�nith
revenues or
expenditures expenses
het:,,een$50.000,00 and .Annually within 45
S100.000,00 that have not days after delivery of
heen subjecled to a the audit report to the
Section 218.39. F..S_ financial audit for the 1,.vo governmental entity_
Annual Financial Chaplet 1().550. Rums preceding fiscal years. but no laterthan 12
Audit Report of the Audt ror General, months after fiscal
Handbook Section 2-4 A dependent special year end T:,,o
district that is a component copies of the annual
unit of a county or financial audit report
municipality may provide must be submitted to
for an.annual financial the Auditor General.
aUdil by beintl included in
the audit of that County of
n-amicfpality. In such
instances,that audit report
niust clearly state that the
special district is a
component unit of the
county or municipality.
Abbreviations: F.A.C. =F.orrcia i+cGn+r:+scrub✓a Curie:F.S. = F3oi;da StaMtes
A-1
100004470.DOC v.l 8/8/2006 07:47 PMi
Florida Special District Handbook
Submission FStatutory ! Rule Applicable Special Due Date
Requirement Reference Districts
DEPARTMENT OF COMMUNITYAFFAIRS,SPECIAL DISTRICT 1NFORMAT7oN PROGRAM
2555 Shumard Oak Boulevard,Tallahassee, Florida 32399-2100
Creation
9.41 s F..S, s"dithin 30 days aflr'.r
Documents and Section 18
Amendments, Handbook SeiUon 'I - 4 All special districts, adoption ppreveL
including Codified
Act,if applicable
Written Status Section 1 9 418.F.S, hin 30 days after
Statement Handbook Section 1 -4 All special districts_ adoption;approval of
creation document.
Dissolution Section 180A042, FS Within 30 days ufthe
Documents HandbookSeetion 1 -4 All special districts dissolution effective
date.
Section 189.418, F.S_ Within 30 days of the
Merger Documents Section 18 A(142. F S All special disbicts- merger's effective
Handbook Section 1 -4 date.
Special District Map Section 189.41 E. F S W er Within 30 days aft
and Amendments Handbook Section 1 -4 All special distdets adoption:approval.
Annually, by the due
Special District Fee Section 18a.427 F S date on the Form
Invoice($175.00) RUIP,913-50.003 FA C All special districts. (sent to all special
and Update Form Handbook Section 1 - 3 districts around
October 1).
Registered Agent Section 183A1 , F.S Vfithin 30 days after
and Office Initial Section I&0A18, FS. All special distrids the first_iove rill fig
Designation Handbook Section 1 -4 board meeting.
Registered Agent section 7b4.416 FS_ Upon making the
and Office Chan Section 18v.41 F_S. All special districs
Changes _ change.
g Handbook Section 1 - 4
Disclosure of Public Section 19 00�i. ES All Conununity At all times public
Financing development ['Districts financing is imposed.
Abbreviations: F.A.C. - A(Ip)Irrsvanve Code: F.S. = Ronda Statutes
A-2
100003342.DOC v.1 8/31/2005 04:28 PM}
Florida Special District Handbook
Submission Statutory I Rule Applicable Special Due Date
Requirement Reference Districts
DEPARTMENT OF FINANCIAL SERVICES,BUREAU of ACCOUNT7MG
200 East Gaines Street,Tallahassee,Florida 32399-0354
Annual Financial
All Housing Authorities. Annually;t,ithin 12
months of fiscal year
Report e�itl1 a copy of Section 718 31d.F.S. All rictspAll ent depspecial end%9t30i and 45
the Annual Financial Section 218.32 F.S. districts All dts that r days of,audit
Audit Report Sectionok S t2_ES_ not cspecio rx)n nt that are ooniplation. If no
attached.if required Handbook Sectinn 2-3 not l gove rent t,11 of a audit is requiredi.file
local governrnentai entity. by April 30-
DEPARTMENT OF FINANCIAL SERVICES,BUREAU OF COLLATERAL MANAOEMENT
200 East Gaines Street,Tallahassee,Florida 32399-0345
Public Depositor
Annual Report to Section 290 17 F.S Annually bra
the Chief Financial Handbook 5,rnnn 3 .5 All special districts. November:y3.
Officer(Form I
11.1009)
Execute at the time
Public Deposit of opening the
Identification and account and keep on
Section 28t L. F.S
Acknowledgment Handbook S dinn -5 All special tlia`tnctss. file. SubmitrnIty in
Form (Form DFS- case of default of the
J1-1295) qualified public
depository.
Abbreviations: F.A.C. Gocle: F.S. = Florida Statutes
A-3
100003342.130C v.1 9/31/2005 04:28 PM) 3
Florida Special District Handbook
DEPARTMENT OF MANAGEMENT SERVICES,DIwSiON OF RETIREMENT
Bureau of Local Retirement Systems,Cedars Executive Center,Building C,2639-C North
Monroe Street,Tallahassee, Florida 32399-1560
Actuarial Impact Section 11263 F S- Any special district
Statement for Rule Chapter proposing benefit changes Wheo considering
Proposed Plan 6OT-1 001, F A C to its defined benefit plan chs ages.
Amendments Handbook Secti,It 2-o retirement plan.
Section 11263. F_S Within Gq claps of the
Defined Rule Chapter Special districts mith eporLny period s
Contribution Report GOT-1004, F A G clefined contribution plans. ending date
Handbook Section 2-6
Section 112.63. F-S- Special distnrts 'sith At least every Three
Actuarial Valuation Rule Chalrter defined benefit retirement years.Within'6O days
Report 6OT-1, FA C_
Handbook Section 2- 6 Plans f completion.
DEPARTMENT OF REVENUE;PROPERTY TAX A13MIN/STRATION PROGRAM, TRIM COMPLIANCE SECTION
P.O Box 3000,Tallahassee, Florida 32315-3000
Truth-in-Millage Section 200.068. F.S Special districts that can Annually by
Farm DR421 Handbook Section 3-3 levy taxes bul will not(10 November 1.
so durirxl the year.
No later than 30 days
Truth-in-Millage following the
Compliance Section 20C.068. F S_ Special districts levying adoption of the
Package Report Handbook Secticm 3 3 property taxes. property tax levy
ordinanceiresolution.
COMMISSION ON ETMCS
P.O.Drawer 15709, Tallahassee,Florida 32317.5709
Everyone required to file By the last day of the
Farm 1. receiving a gift calendar quarter
Quarterly Gift 112 3148. F.S worth over$100,1 following any
Disclosure(Form 9) Handbook Section 3-1 unless the person did not c,ilendar quarter In
receive any;.lifts during ,,hich a reportable
the calendar quarter. gift;ores received.
Abbreviations: F.A.C. = Fiocc.4a Coce F.S. = Fiwida.Statures
A-4
f00003342.DOC v.18/31/2005 04:28PM} 4
Florida Special District Handbook
Submission Statutory / Rule Applicable Special Due Date
Requirement Reference I Districts
LEGISLATURE
PRESIDENT OF THE SENATE(Florida Capitol,Suite 409,Tallahassee, Florida 32399-1100)
SPEAKER OF THE HOUSE OF REPRESENTATIVES(Florida Capitol,Sulte 420,Tallahassee,Florida
32399.1300)and EACH APPROPRIATE STANDWG COMMITTEE OF THE LEGISLATURE
Certain Special Districts Ini iai by October 1
Agency Rule Report Section 120.74 F S %*Ih adopted rules (see 1 97, then by
Handbook Section I - 4 Handbook Section 1 -4. October 1 of every
page 20) Other year thereafter.
.SPECIAL DISTRICT'S GOVERNING BOARD MEETING:MINUTE RECORDER
Memorandum of
Voting Conflict for Special District local
County, Municipal, Section 112-314:3.F S. Special Distract Log tvVithin 15 days after
and Other Local Handboo� Section 3-1 Conflicts- the vote occurs.
Public Officers
(Form 8B)
SPECIAL DISTRICT'S GOVERNING BOARD MEMBERS(EACH MEMBER)
Actuarial Valuation Report See Depa,"ner':of Ikvan gerrlelr Services Dmssw:of Fi'eLY2OIerN.
Annual Financial See A mqo,Geoerdl. Lo(d<v Govepnme:?(�epri`v17.
Audit Report
Abbreviations: F.A.C. =Flcc/da Adminisziauve Cocre: F.S. = Pondu Stwwcs
A-5
{00003342.DOC v.1 8/31/2005 04:28 PM}
Florida Special District Handbook
Submission Statutory ! Rule Applicable Due Date
Requirement Reference Special Districts
SPECIAL DisTRICT'S LOCAL GOVERNING AUTHORITY(rES)JLOCAL GENERAL-PURPOSEGOVERNMENTS)
(if municipality,file at the place they designate; If county(ies),file with the(each)clerk of the
board of county commissioners)
When requested.
Section 13 3 418_ F.S. provide to the local
Budget or Tax Levy Handbook ec tion 2-2 All special districts. gorernmq .gtjlhority
v.ithin the district s
b OUndatles.
Sectlonlb� 31£1l_F,13 Independent special r
Section 1 �4I E(2t. FS. 'Mhin one year of
Public Facilities Initial districts S;e
Report Rule Chaplet Handbook Section the Lion. district
9J-33. FA C. 1
Handhonk 1 -6
-6_page 311_ creation.
5eclion
Section 163 3991, F S- Inde anden pet scial AnnuallyContact
Section 1,S9415 districts{2i. F.S pt f
Public Facilities Annual ts(Se2 each local general-
Notice of Any Changes Rule Chapter Handhonk Section purpose government
9J-33.F.A.C 1 -6. page Sl i. for the due date_
Handbook Section 1 -6
Every five years,at
lead 12 months
Secfinn 189.41512iat before the due date
Independent Sped al that each local
Public Facilities F 5, districts!G.e general-purpose
Updated Report Rule C:hat4er Handbook Section
9J-33. F A (; g04'effYn1e11(n1U5t
Handbook`;ecti;>n 1 -6 1 -6. page St j. submit its Report to
Appendix 2, tthp Department of
onununity Affairs
See Appendix E.
Registered Agent and Section 139.41 f;'. F S. Within iCi days after
Office Initial Section 1341.418 FS All special dlstucts. the first governing
Designation Handbook Section 1 -4 beard meeting.
Re istered Agent and Section 1Z9 4'I b. F.S. Upon making the
g g Section 169.415. F.S. All special districts.
Office Changes HandYok ection1 -4 chenge.
Regular Public Section 18 '417. F S. C,luanedo_
Meeting Schedule Section 1 1A18. F.S- All special districts. semi2nnuaib_i-or
Handhook Section 3-2 annuall�_
Abbreviations: F.A.C. Cod F.S.=Florida Staa;res
A-6
00003342.130C v.1 8/31/2005 04:28 PM} 6
Florida Special District Handbook
Submission Statutory / Rule Applicable Special Due Date
Requirement Reference Districts
SPECIAL.DISTRICT'S LOCAL LEGISLATIVE DELEGATION
Draft Codified Section 189A2C.F.S. All specrai districts sith
Charter as a Local Handbook Section 1 -4 more than oneSpecial C)aaemher 1- ZOCt4
Bili Ata-
SPECIAL DISTRICT'S RESIDENTS AND PROSPECTIVE RESIDENTS AND RESIDENTIAL DEVELOPERS
(GIVE SUFFICIENT NUMBER OF COPIES TO THE DEVELOPERS FOR DISTRIBUTION TO EACH PROSPECTIVE INITIAL
PURCHASER OF PROPERTY)
Disclosure of Public All community At all times public
Financing Sectlon 19f.009 F S Development Districts, financing is imposed,
STATE BOARD OF ADMINISTRATION;.FINANCIAL.OPERATIONS.
1801 Hermitage Boulevard,Suite 100,Tallahassee, Florida 32308
All special disuicts At the time of makirxl
Investment Pool nvesting funds v.,ith the any charges or
Systems Input Handbook Sertlon 3 - 6 State Board of updates to the
Documentation Administration or Local arcount.
Government Trust Fund.
All special districts
Resolution for Section 218 40,. F S. nvesting funds vJ h the At the time of
Investment of State Board of nvesting surplus
Surplus Funds Handbook Section 3-6 Administration or Local funds.
Government Trust Fund.
Abbreviations: F.A.C. = Fio,aa Adr?tlrN native Code: F.S. = Florida Statutes
A-7
100003342.DOC v] 8/31/2005 04:28 PM) '�
Florida Special District Handbook
Submission Statutory / Rule Applicable Special Due Date
Requirement t Reference Districts
STATE BOARD OF ADmwsTRATioN,DiwsioN OF BOND FINANCE
1801 Hermitage Boulevard, Suite 200, P.O, Box 13300,Tallahassee, Florida 32317-3300
Before selling certain
ileneral obligation
Advance Notice Section 218.38. F S All special districts as bonds&revenue
of Bond Sale Handboo<Section 2- 5 applicable. bonds or closing on
any similar lono-term
debt Instruments_
Bond Information Section 189.418, F S All special districts as Within 120 days after
FormlBond delivery of general
Disclosure Form Section 218 38 F.S. applicable. Newbond obligation bonds and
(BF200312004A&B) Handbook Section 2 - 5 sues only rerenue bonds.
Bond Verification All special districts as Finance Division
ivi iic 45 of days Bond of the
Form (BF2005) Handbook Sertian 2- applicable. i s request
Final Official Section 218.38. FS All special districts as Within 120 days after
Statement Handbook Section 2- 5 applicable. delivery of the bonds.
(Bonds) if prepared.
Section 159 345(11 F S Special districts issuing Submit\:411)the Bond
IRS Form 8038 Section 159.475(1 i_F S Industrial Development or Information Form &
(Bonds) Section 159 7055, F S Research and official Statement, If
Handbook Section 2 -5 Development Bonds any is published.
Abbreviations: F.A.C. = '7*-rd i Acbrhrisulwwe Code: F.S. = FOnda Statutes
A-8
100003342.DOC v.1 8/31/2005 04:28PM} g
Florida Special District Handbook
Submission Statutory ! Rule Applicable Special Due Date
Requirement Reference Districts
SUPERVISOR OF ELECTIONS(LOCAL)
In the County of the Reporting Person's Permanent Residence
All "special district local 'A,ithin 30 days of
officers appointed accepting the
to a special district or appointment.then
Statement of = special districts board. every year thereafter
Financial Interests Sectirn1112.'14... F S by July 1.
(Form 1) Handbook Section 3- 1
All 'special district local wring the qualifying
officers elected period.then
to a special districts every year thereafter
board_ by July 1_
All 'special district local
Final Statement is lea flin 60 days of
Financial Interests Section 112 cti 5. F_S_ toil officers v.110 are required leaeiny a public
(Form 1 F) Handbook Section 3-1 le file Form 1 and are position
leaving a public.position.
No later than the last
Certain special district day of tha calendar
Quarterly Client Section 112.3145(d . local officers, depending quartarfollomng the
Disclosure FS. npon their position. calend.arquarler
(Form 2) Handbook Section 3- 1 business or interests(See during;which the
Handbook Section3- 1). representation v:as
Made.
Annual Disclosure
of Gifts from
Governmental All special district local
Entities and Direct Section 112-3148, F,S officers:�rt10 file Form 1
Support Section 112.314c9.F: S Annually by July 1.
Organizations and Handbook Secuon 3- 1 and who recei,�ed a
Honorarium Event reportable cliff or expense_
Related Expenses
(Form 10)
SUPERVISOR OF ELECTIONS(LOCAL)
In the County in which the Special District of the Reporting Person has its Principal Office
Interest in Section 112.M l3 121{eL C:ertain special district Before or at the time
Competitive Bid for F.S. local officers i See of the submission of
Public Business Handbook Section 3- 1 Handbook Section 3- 1), the bid.
(Form 3A)
Abbreviations: F.A.C. =F'o,iO a A,Jt:yn tratlVe Code, F.S. = Floeda Statures
A-9
100003342.DOC v.1 8/31/2005 04:28 PM) 9
LAW OFFICES
BILLING, COCHRAN, HEATH, LYLES, MAURO & ANDERSON, P.A.
POST OFFICE BOX 21627
GREGORY T.ANDERSON FORT LAUDERDALE, FLOE :nA 3 3335-162 7 MICHAEL V.BAXTER
C'_ARK J.COCHRAN,JR. ERIC P.CZELUSTA
W.TUCKER CRAIG 688 S.E.Sao AVENUE,SUITE 301 VIVIAN H. FAZIO
FORT LAUDERDALE, FLORIDA 33316
SUSAN F. DELEGAL (954)764-7150 CAROL J. HEALY GLASGOW
HAYWARD D.GAY JUSTIN D.GROSZ
FAX:(954)764J279
THOMAS C. HEATH KERA E. HAGAN
GREGORY M. KEYSER 400 AUSTRALIAN AVENUE SOUTH,SUITE 500 DONNA M. KRUSBE
GERALD L. KNIGHT WEST PALM BEACH, FLORIDA 33401 DANIEL L. LOSEY
DENNIS E. LYLES (561)659-5970 ALINE 0. MARCANTONIO
JOHN W. MAURO FAX (561)659-6173 KRISTA K. MAYFIELD
KENNETH W. MORGAN,JR. SHAWN B. MCKAMEY
BRUCE M. RAMSEY 3001 N. ROCKY POINT DRIVE EAST,SUITE 200 JOHN B. MOORES
KEVIN M.VANNATTA TAMPA, FLORIDA 33607 MICHAEL J. PAWELCZYK
(613)281-4671 T.CHRISTINE PEREZ
STEVEN F. BILLING(19471998) FAX (813) R89-7748 ANDREW A. RIFF
PHILLIP W.THRON
PLEASE REPLY TO:
January 30, 2007
FORT LAUDERDALE
VIA FED X r—
Louise Stilson jAN 2 1 ?007
City Clerk
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Re: Petition to Establish Aqua Isles Community Development District
Dear Ms. Stilson:
We represent Carr Residential, LLC, in connection with the proposed establishment of
the Aqua Isles Community Development District ("CDD") in the City of Dania Beach, Florida.
As you know, a community development district is a special purpose unit of local government
authorized pursuant to Chapter 190, Florida Statutes, to provide certain infrastructure and
services to new communities. In this instance, the proposed CDD would be established for the
purpose of providing and maintaining surface water management, potable water, and wastewater
facilities for the Aqua Isles community in the City of Dania Beach. The funding for these
improvements and services will be provided through the issuance of special benefit bonds by the
CDD, which will be paid through special assessments on property within the CDD.
Chapter 190, Florida Statutes, also requires that disclosure of the existence of the CDD
and CDD assessments be provided to homebuyers within the CDD. In addition, the
condominium documents applicable to the Aqua Isles community will include disclosure
language relating to the CDD, and a Notice of Establishment of the CDD will be recorded in the
public records and appear as an exception to title in each homebuyer's title insurance policy.
Thus, homebuyers within the CDD will have notice that they are purchasing a home within a
CDD community.
Louise Stilson
January 30, 2007
Page 2 of 2
The establishment of the CDD necessitates the submittal of a Petition to Establish the
CDD to the unit of general purpose local government where the proposed CDD is located, in this
case the City of Dania Beach. Accordingly, please find enclosed the original executed and two
(2) copies of the Petition to Establish the Aqua Isles Community Development District. The
Petition is being filed with the City of Dania Beach pursuant to Section 190.005, Florida
Statutes. We request that the Petition be processed in accordance with the procedures set forth in
Chapter 190, as well as applicable City of Dania Beach procedures, so that an ordinance to
establish the CDD may be scheduled for consideration by the City Commission at the earliest
opportunity.
If additional information is required by the City, please let me know. Also, please advise
me as to the applicable fee that the City imposes for processing the Petition and we will promptly
remit it to the City. Thank you for your cooperation.
Arel
cc Tom Ansbro, City Attorney(w/encl.)
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