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REVIEW COMMENTS ~\"ate Pall )~ 1)& !V~1'!) ~~\ · OS. cJl ;p 9; 0:- '~ t)"~ "'c9 0 VI.Je d 9\13 ,,\~ Special District Services, Inc. CERTllflED I RETURN RECEIPT 70040750000422737310 ~ ~. D~ cu;j ~ CIty Clerk CIty of Boynton Beach POBox 310 Boynton Beach, FL 33425-0310 de ; lJ l_ NOV - 2 ,. C")~ '? ~-<. - _...'::0 a -,~ ;;..::: _:. cP --<i 0 \ ':1.....( - "f.. -;C. -\ -c (I' 0 -:>> 0 ~ ~ ~O' _rf1 _ Oy tJ\ rf1 ~ October 29, 2004 I i j' ; ~~~___-__'::..._--_...-2:.~ RE. High Ridge Quantum Community Development District ~ )~~~~~I I, ,jf ~ ------------..--_1 To Whom It May Concern. Pursuant to flOrIda Law, enclosed please find copIes of the follOWIng' Proposed Annual Budget Fiscal Year 2004/2005 (October 27, 2004-September 30, 2005) If you have any questIons and/or comments, please do not hesitate to contact us Smcerely, SPECIAL DISTRICT SERVICES, INe. ~~ cg LJaAL Frances J Ware AdmmIstratIve Assistant I~"- "h'&~ l~pf. v VJ) ," J{ \ (1-i G ~ \j~~ . \\1">., ,z., 4 t~~..-" 'f Enclosures F-\CDD HighRidge-QuanIum-WestbrookeIHRQ Reoord ofPWceedingsIHRQ Co/c A>fB~ ~~Woc Mamour t"OlnI t"laza 11000 Prosperity Farms Road · Suite 104 · Palm Beach Gardens, FL 33410 Phone 561.6304922 · Fax 561 6304923 · Toll Free 877 737 4922 I HIGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT PROPOSED ANNUAL BUDGET FISCAL YEAR 2004/2005 October 27, 2004 - September 30, 2005 ANNUAL Code # REVENUES BUDGET 363 100 ASSESSMENTS 0 366 000 DEVELOPER CONTRIBUTION 42,175 369 400 OTHER 0 TOTAL $ 42,175 EXPENDITURES 511.310 ENGINEERING 2,500 511.311 MANAGEMENT 16,500 511 312 SECRETARIAL 3,000 511.315 LEGAL 7,500 511.318 ASSESSMENT ROLL 0 511.320 ANNUAL AUDIT 0 511.330 ARBITRAGE REBATE FEE 0 511 450 INSURANCE 5,000 511 480 LEGAL ADVERTISING 5,000 511.512 MISCELLANEOUS 1,000 511 513 POSTAGE 750 511.514 OFFICE SUPPLIES 750 511.540 DUES & SUBSCRIPTIONS 175 511 733 TRUSTEE FEES 0 511 734 CONTINUING DISCLOSURE FEE 0 TOTAL $ 42,175 EXCESS OR (SHORTFALL) $ - COD High Ridge/Quantum HRQ BUdgets HRQ Budgets 2004-2005 HRQ Proposed Budget 2004-2005 10/29/2004 8:26 AM STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Flonda a better place to call home" IEB BUSH Governor STEVEN M. SEIBERT Secretary May 15. 2000 ,ftD'rIE f!UI.Jf: p.i~'l i ! ~ { : --,., ! ;I!.l l~I1Y 1 8 "'''''-..;! 1"";}1 CERTIFIED MAIL RETURN RECEIPT REQUESTED i ------..~_.- Ms Julie Finch Quantum Community Development District 1401 Forum Way Suite 101 West Palm Beach FL 33401 J Re Quantum Community Development District Noncompliance Notice - Annual Financial Audit Report Covering Fiscal Year 1997-1998 FIRST AND ONLY NOTICE - RESPONSE REQUIRED BY AUGUST 18, 2000 Dear Ms Finch In a letter dated May 5 2000 the Auditor General notified the Department of Community Affairs that the special district referenced above failed to file a fiscal year 1997-1998 Annual Financial Audit Report with the Office of the Auditor General. This requirement is set forth in Sections 189 418 and 11 45 Florida Statutes. The purpose of this letter is to help special districts comply with annual financial audit requirements It is not intended to intimidate or embarrass special district staff With more than 1 000 special districts in Florida, we understand that special district staff turnover is a reality and financial reporting can be confusing, even for experienced staff This letter answers questions about the Annual Financial Audit Report requirement, how to comply with the requirement by a new "second chance" deadline and the consequences of not making a good faith effort to comply with the requirement. Why have we received a letter from the Department of Community Affairs, when this issue involves failure to file an Annual Financial Audit Report with the Office of the Auditor General? Florida s Local Government Financial Reporting System has a process to help each special district in noncompliance with its requirement to file an Annual Financial Audit Report with the Office of the Auditor General. Sections 1145(3)(a)11 b 189412(1) and 189419(3) Florida Statutes set forth this process. In summary the Office of the Auditor General and the Special District Information Program, within the Department of Community Affairs, work together to provide technical assistance to special districts. This includes establishing a new "second chance deadline approving additional time extensions when necessary and even offering other suggestions that may be appropriate. The Special District Information Program must determine whether the special district's board made a good faith effort to meet its requirement. 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 323992100 Phone 850 488 8466/Suncom 278 8466 FAX 850921 0781/Sunconi 2910781 Internet address http //www dca state fl us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway Suire 212 I>\arathon, FL 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 5hUlNrd Oak Boulevard Tallahassee, FL 32399-2100 (850) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399.2100T I. (850) 488-7956 .vi? I A - Co - 60 I Page Two To demonstrate a good faith effort, and to be removed from the noncompliance list, simply comply with the appropriate requirement by the "second chance deadline Special districts not complying with the appropriate requirement by this deadline will have failed to demonstrate a good faith effort. It then becomes the Special District Information Program's role to initiate enforcement provisions. The remainder of this letter provides more detail about the Annual Financial Audit Reporl, how to comply with the requirement, the second chance deadline and consequences for not demonstrating a good faith effort to comply What is the Annual Financial Audit Report? The Annual Financial Audit Reporl is a report that contains the conclusions of a financial audit. An independent certified public accountant must conduct the audit and prepare the report in accordance with generally accepted government auditing standards. During a financial audit, the certified public accountant examines financial statements and expresses an opinion on the fairness with which they present the special district's financial position and changes in its financial position Additionally, the certified public accountant determines whether the special district is properly conducting its operations in accordance with legal and regulatory requirements. The Annual Financial Audit Reporl includes financial statements with related notes reports concerning internal controls and compliance other reports or disclosures (as required by applicable Federal Guidelines) a statement of the auditor's findings comments and recommendations, and the special district's response to the auditor's findings. Be careful not to confuse the Annual Financial Audit Report with the Annual Financial Reporl that certain special districts must file with the Department of Banking and Finance Which special districts must file an Annual Financial Audit Report with the Office of the Auditor General? Each independent special district with revenues or expenditures greater than $50,000 00 . Each dependent special district budgeted separately and not included in the financial audit of its governing authority and with revenues or expenditures greater than $50 000 00 In such instances, the governing authority must certify to the Department of Banking and Finance that the special district is in compliance with the auditing requirements of Section 11 45 Florida Statutes. If the dependent special district's proposed budget is contained within the general budget of its governing authority and clearly stated as the budget of the dependent special district, it must be included in the audit of its governing authority Any other special district with a charter requiring annual financial audits regardless of total revenues or expenditures (for example pursuant to Section 243 36 Florida Statutes each dependent educational facilities authority must provide for an annual financial audit made by a Certified Public Accountant at the expense of the authority) According to information provided by the Department of Banking and Finance to the Office of the Auditor General the special district referenced in this letter should have filed with the Office of the Auditor General an Annual Financial Audit Reporl covering fiscal year 1997-1998 Page Three When is the deadline for filing the Annual Financial Audit Report with the Office of the Auditor General? The deadline for filing the Annual Financial Audit Report with the Office of the Auditor General is within 45 days after the certified public accountant completes the financial audit, but no later than 12 months after the end of the special district's fiscal year For most special districts fiscal year 1997-1998 was October 1 1997 through September 30 1998 Therefore, the special district should have arr'lnged for a financial audit to occur after September 30 1998 but well before September 30 1999 This would have allowed time for the special district to file its Annual Financial Audit Report with the Office of the Auditor General by September 30 1999 at the latest. What must we do to remedy this situation and demonstrate a good faith effort to comply? By AUQust 18. 2000, ("second chance" deadline) do one of the following, as appropriate. 1 Arrange for a financial audit, (if not yet done) and file a copy of the Annual Financial Audit Report for fiscal year 1997-1998 with Mr Ted Sauerbeck, Auditor General, State of Florida, G74 Claude Pepper Building 111 West Madison Street, Room 574 Tallahassee Florida 32399-1450 Mr Sauerbeck is available to answer questions about audits at (850) 487-9031 (Suncom 277-9031) 2. Request a reasonable time extension to complete the Annual Financial Audit Report and file it with the Office of the Auditor General, only if you are unable to meet the August 18 2000 deadline You may request a time extension by writing to me, Mr Jack Gaskins Department of Community Affairs, Special District Information Program, 2555 Shumard Oak Boulevard Tallahassee Florida 32399-2100 You may also request a time extension by sending an E-mail tomeatiack.Qaskins@dca.state.f1.us. or calling me at (850) 922-1457 (Suncom 292-1457) I will approve reasonable time extension requests in writing and will notify the Office of the Auditor General of the new deadline. I am also available to answer questions about special districts. 3 Send dissolution documents to me if the special district has been dissolved 4 Notify me in writinQ if the special district is inactive within the meaning of Section 189 4044(1)(a)1 -2. Florida Statutes, and therefore appropriate for legislative dissolution (applicable ONLY to special districts created by Special Act of the Florida LeQislature and therefore must be dissolved by the Florida Le~islature) The Special District Information Program will initiate a legislative dissolution of the special district when funds are available to publish the required newspaper notices What will occur if we do not comply with the requirements of this letter by August 18, 2000? The special district's board will have failed to demonstrate a good faith effort to file its fiscal year 1997 -1998 Annual Financial Audit Report with the Office of the Auditor General The special district will be subject to the enforcement provisions contained in Sections 189 4044 189 419(3) 189421 (3) and 189422 Florida Statutes, and initiated by the Department of Community Affairs. These enforcement provisions include monetary fines an injunction or writ of mandamus to compel production of the reports in the circuit court, andlor a declaration of inactive status authorizing a leaislative dissolution of the special district. In addition the Joint Legislative Auditing Committee of the Florida Legislature may direct the Department of Community Affairs to initiate enforcement provisions Carrying out enforcement provisions is a very time consuming and Page Four expensive process. Florida taxpayers must pay these costs. Responding appropriately to this letter will save taxpayer resources! When is that "second chance" deadline again? The "second chance" deadline is August 18 2000 Remember if you cannot meet this deadline, call me at (850) 922-1457 (Suncom 292-1457) for a time extension If I am unavailable, you will automatically be transferred to voice mail. You may also send E-mail to me at iack. qaskins@dca.state.fl.us. How can we avoid this noncompliance issue in the future? Please make sure you understand the requirements Do not hesitate to call me at (850) 922-1457 (Suncom 292-1457) if you have any questions about special districts. Call Mr Ted Sauerbeck at (850) 487-9031 (Suncom 277-9031) jf you have specific questions about the Annual Financial Audit Report. Additionally please begin preparing for the fiscal year 1998-1999 (October 1, 1998 through September 30 1999) financial audit, if applicable. Well before September 30 2000 arrange for a certified public accountant to complete the financial audit and prepare the fiscal year 1998-1999 Annual Financial Audit Report. Within 45 days after the certified public accountant delivers the Annual Financial Audit Report to the special district, provide a copy of it to the Office of the Auditor General. . At the absolute latest, make certain the Office of the Auditor General receives a copy of the fiscal year 1998-1999 Annual Financial Audit Report by September 30, 2000 For more information about special districts and audit requirements, please refer to Chapter 11 in the Florida Special District Handbook (July 1999) You may also view the handbook online at www.dca.state.fl.usJfhcdJproqramsJsdip. Thank you in advance for your prompt attention to this important matter Sincerely ~ _ ack Gaskins Jr ~ Operations and Management Consultant II SPECIAL DISTRICT INFORMATION PROGRAM Jjg cc: Local General-Purpose Government or Governing Authority Ted Sauerbeck, Office of the Auditor General Steven M Seibert, Secretary Department of Community Affairs Gary L. Moyer, P.A. UJ.nd De\.'elopment C1 Management Consultant February 26, 1992 10300 Northwest Eleventh Manor Coral Spnngs Florida 33071 (305) 753-0380 Ms. Carne Parker AssIstant CIty Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Flonda 33425 Dear Ms. Parker' Chapter 189 F.S adopted in 1989 requires special purpose taxing districts to provide to you by March 1 Its PublIc FacIlities Report in furtherance of your comprehensiye planmng efforts For your convemence I am enclOSIng a copy of that section of 189 and provide the follOWIng matenalIn complIance WIth Flonda law I am also enclOSIng a copy of the EngIneer's Report for Distnct's proposed assessable improvements In the report IS a descriptIon of the publIc facilItIes that we WIll be buildIng, improving or expanding or plan to build, improve or expand within the next five year period. Financing for the DIStriCt faCIlIties IS through the Issuance of revenue bonds secured by speCIal assessment In addItIon, certain portIons of the facilitIes to be provided by the DIstnct may be dedIcated by the landowner{s) In accordance WIth Development Order restnctions or District polIcy The DIstnct does not plan to replace any of the facilIties that It is prOVIdIng WIthIn the next 10 years. After your reVIew of the above information and accompanYIng report If you have any questions or desire addttIonal information, please contact me. Sincerely. Gary L. Moyer Manager GLM/rgh encs eo MAR 5 PLANNING DEPT RECEIVED MAR 3 1992 CITY MANAGER'S OFFICE RECEIVED - ,'v" "M. \,,,,, <J ~v ' ('-" i I t .1 ! j. -T 4": .. ....:p .jS - .~ "t...7' ...~ ..:..~. j :1: J 11 .~ }: T l' t S:. -'l. "1 .j ..,.- 1- I. I h !. i 1 I i Gl NERAL PRO\lSIONS F S 1SS9 U les In eXlstlnc or new I" crealed slale co:npuler sys I - . , I emS. I (7) The lacihlalton 01 coordinallon and comm\lnlCil. I Ion belween slale agenClcs regardrng special dlSll1CI I in{ormalton, . (8) The conducl of studies relevant \0 special dlS 1 Iricls. ! (9) The provision 01 assistance related to and .appr? 1. priate in the performancc of requiremcnts speclhed In . Ihis chapler HIO\ory -s. 18. 1:1\. 89-1~9. t l .1 ! i \ I F S , SS9 SPECIA.L DISTRICTS G 189.413 Special diSlricls oversighl 01 state lunds use -Any slate agency admrnistering funding pro. orams for which special districls are eligible shall be reo sponsible lor oversight 01 the use 01 such lunds by spe. cial districts. The oversighl responsibilities shall include bul not be limited 10. (1) Reporting the existence of Ihe program 10 the Special Dislrlcllnformal1on Program of Ihe Department 01 Communily Allalfs. (2) Submill1ng annually a list of special districls par liclpaling in a slale lunding program to the Special Dis Irictlnlormalion Prooram 01 the Department 01 Commu- nity Allairs This list-musl indicate the special diSlriclS if any that are not in compliance with state funding pro- aram requirements - Hi.lory -so 19. c:I\. 89-169. (c) 11 the specl::ll dlslrlCI curren I)' proposes 10 rc. place any faclIIIICS Iden\lflcd In pClragraph (a) or para gr2;)h (b) wllhrn Ihe nexl 10 years the dale when such facihty Will be replaccd (d) Tl)e anllClpaled lime Ihe conSlruCllon. Improve. ment or expanSion of each 13Cihty will be compleled (e) The antlclpaled capacit), 01 and demands on each public facilil)' when completed In the case of an Improvement or expansion of a public facility bOlh the exisltng and antiCipated capacity must be listed (3) A special district proposing to build Improve or expand a public lacility which requires a cenilicale of need pursuant 10 chapler 381 shall elect to notily the ap. propllale local general-purpose government of ils plans eilher in its 5-year plan or at the time the leller 01 intent is liIed with the Deparlmenl of Heallh and Rehabilitallve Services pursuant 10 s. 381 709 (4) Those special diSlricts building improving or ex panding public facilities addressed by a developmenl order issued 10 the developer pursuant to s 380.06 may use the most recent annual reporl required by s 380.06(15) and (18) and submitted by the developer to the extentlhe annual report provides the information reo quired by subseclion (2). (5) For each special district created after March 1 1990. the facilities report shall be prepared and submit ted within 1 year aller the district s creation. (6) For purposes of lhe preparation or revision of lo- cal government comprehensive plans required pursuant to s. 163.3161 a special district public facilities report may be used and relied upon by the local general- purpose government or governments within which the special district is located. (7) Any special dislrict that has completed the con- slruction of its public facilihes improvements to its facili. ties or its development is not required to submit a pubiic facilities report but must submit the informalion re- quired by paragraph (2)(a). (8) A special district plan of reclamahon required pursuant to general law or special act. including but nol limited to a plan prepared pursuant to chapter 298 which complies with lhe requirements of subsection (2), shall satisfy the requirement for a public facilihes report. A water management and control plan adopted pursu- ant 10 s. 190.013 which complies wilh lhe requirements of subsection (2), salisfies the requirement for a public facililies report for the lacilities the plan addresses (9) The Reedy Creek Im;xovement Distnct is not re- qUlled to provide the public facilities reporl as specified in s:.:bsection (2). (10) Each deepwater port listed in s ~03.021(9)(b) sr,all salisfy the requirements 01 subseClion (2) by sub. mllll!"lg to the appropllate local government a compre- hensive masler plan as reqUired by s. 163.3178(2)(k). All other ports shall submit a public facilities report as re- OUlred in subsecllon (2). . H;lIory -so ~J. 1:1\. ei'-ISg. l I. L I i I : ~ 189.415 Special district public facilities report.- (1) It is declared to be the policy of this state 10 fos- ter coordination between special districts and local gen- eral-purpose governments as those local general- purpose governments develop comprehensive plans under the Local Government Comprehensive Planning and Land Development Regulation Act. pursuant to part II of chapter 163. (2), Beginning March 1 1991 each independenl spe- cial district shall submit annually to each local general- purpose government in which it is localed a publi~ facili- ties report. The public facilities report shall speCify lhe following information: (a) A description of existing public facililies owned and operated by the special districl. This description shall include the current capacity 01 the facility the cur rent demands placed upon it. and its location. This infor malion shall be req~ired in the ini\lal report and updated every 5 years at least 12 mCr'.lhs prior 10 Ihe submiSSion date of Ihe evaluation and aocrai'3al reporl of the appro- criale local aovernment req~ired by s. 163.3i91 At least '12 monlhs j:)fIor to the date on ,"hich each speCial cis tTlcl s first updated repo~t IS due the department shall notity each independent district on the o:ficiallist of s:)e- clal diSlricts compiled by the department pursuant to s 1 89 ~035 of the SChedule for submission 01 the evalua- tion and appraisal report by each local government with. in the special dislrict s jurisdiclion. (b) A descripi:o;"l 01 each public facility the district is building Improving or expanoi;"lQ or is currently propos ina to build improve. or e>:pand within at least the ne>;t 5 ).ears For each pUblic )cciliiy idenilfied lhe reporl shall describe ho\' Ihe disHlcl currently propcses 10 Ii. nance the jacilily 189 4155 Activities of special dislricts; local gOY ernment comprehensive planning - (1) Construction or expansion of a public facility or rr.alor alteration \"hlch aflects the quan ty or C;"Jal;iy 0: the. level of service of a public facilii] '''hlen IS un- t l1W4 j j I Facsimile TRANSMITIAL--- - ~ .~~;: ~ - 'J CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD POBOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX. (561) 375-6259 (L ~ -P" ex-.o.-rr prrf- Bt-fl- PLANNING AND ZONING DIVISION "376 ~'2At)1.- ) to: &;13 &1 L-L- fax #" (1sti) 77Z-,fYt7 date: 7/'$-(1 /<16 from. PLANNING AND ZONING re: U0AN\\)M., YA-rL-~ rOY'--'v."ul0 (T'! IX=vf;WrJV1fiJI DST~ -P~1 r !Jlcpi40 L(+f\JD ~ 'PL&t\.,'lC., or PCEI1-5f' .5t.00 / S~T, ~"-~oJ Ii pages: L, induding cover sheet. F-- f\J~ S IV: Plt-frs6 FEo E~ f'L~S USlkiG Ol){1-~ Accr 1- 10 '350 19Y7 ftAJD f:AJcLe,sG-,4 f3iLL ft f-- 71ff U00T &~ 7lf{;- ?fZltJlS tttJO ljtru~ '71tVJf' rr (,jtU--, '114-~E ) (,,jff\L fo/0 u~ \0 p(lo (. f';,~ '11ft cHeCk- (ttJO f-frU{2-1J J r ft)4- ffr{/V1CIV1 o/D San- 8 A-1l13 &-P- C ITI or B01tJTUlJ &-hCt:J PLitAJN/rJ~ \ D~J6Lof""'AJJ BD I ()D e- &~w~) Dfftt!+ BVJD, &,tJT6.0 BCl-f- fL 33t./25'"-03iV 375-6260 Fax: 375-6259 ., QUANTUM COMMUNITY DEVELOPMENT DISTRICT -: PALM BEJ.-CH COUNTY, FLORIDA ENGINEERING REPORT FOR PROPOSED ASSESSABLE IMPROVEMENTS OCTOBER, 1991 .; Prepared for BOARD OF SUPERVISORS QUANTUM COMMUNITY DEVELOPMENT DISTRICT Prepared by CRAVEN THOMPSON & ASSOCIATES, INC. 3563 Northwest 53rd Street Fort Lauderdale, Florida 33309 CT&A Project No. 91-0066 TABLE OF CONTENTS Section Description Paqe Table of Contents List of Figures List of Tables i ii iii 1 0 1 1 1 2 1 3 1 4 2 0 2 1 3 0 3 1 3 2 3 3 3 4 3 5 3 6 3 7 4 0 4 1 4 2 4 3 INTRODUCTION Authorization 1 Purpose and Scope 1 Quantum Corporate Park 3 Quantum Community Development District 4 PROJECT DESCRIPTION Quantum Corporate Park 6 INFRASTRUCTURE IMPROVEMENTS General 7 Arterial and Interior Roads Network 8 with Storm Drainage and Lighting Water Management System 9 Water Distribution System 10 Sanitary Sewer System 11 Parks, Landscaping and Open Space 12 Development Order Obligations 13 VALUE OF IMPROVEMENTS General Summary of Capital Improvements Evaluation Capital Improvements Evaluation in Detail 16 17 18 i LIST OF FIGURES f1ID!. :;;:g Description 1 2 3 4 5 Vicinity Map D~strict Limit Map Drainage Map Water Distribution Map Sanitary Sewer System ii LIST OF TABLES Table 4 1 4 2 4 3 Description Overall Area Tabulations Tabulation of Sale Parcels Tabulation of Areas Within District iii Paqe 23 24 25 Section 1 INTRODUCTION 1 1 Authorization On September 11, 1991, the Board of Supervisors of the Quantum Community Development District (District) authorized the firm of Craven Thompson & Associates, Inc: Engineers, Planners & Surveyors, to prepare an engineering report to describe certain capital improvements that the Board is considering acquiring, and to estimate the reasonable cost of acquisition thereof Craven Thompson & Associates, Inc (CTA) has been selected to serve as the general engineering consultant to the District pursuant to the statutory requirements of Florida's Competitive Negotiation Act (Section 287.055 Florida Statutes (F S )) for procuring professional services 1 2 Purpose and Scope This engineering report describes the plan for capital improvements for the Quantum Community Development District located in the City of Boynton Beach, Palm Beach County, Florida The plan includes: (1) the acquisition of existing infrastructure, facilities and other items of value and (2), the construction of additional infrastructure facilities necessary for the full development of the land within the District The report may be utilized by the District in connection with the financing of any or all of the capital improvements described herein In addition, the report estimates the value of the capital improvements to be acquired The task of estimating the present- day value of the capital improvements being considered by the District has been approached in two ways Firstly, the value has been estimated by considering the value added to the developable 1 land as a result of the capital improvements Second, the value has been estimated by considering the replacement cost of the improvements already installed if constructed today This second estimate uses cost information available from the original construction, with adjustments for inflation and present-day market conditions Costs used in the case of public improvements which a government authority determines to "make" are those defined in Chapter 170 00, F S as follows: "Such estimated cost may include the cost of construction or reconstruction, the cost c~ all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction and for one year after completion of construction, discount on the sale of special assessment bonds, costs of plans and specifications, surveys of estimates of costs and of revenues, cost of engineering and legal services, and all other expenses necessary or incident to the financing herein authorized" This definition is appropriate here since the District plans to utilize special assessments as described in Chapter 190, F S ("Tle Act") and Chapter 170, F S to finance its capital improvement plan, should the Board decide to proceed with tha acquisition Costs in the case of public improvements which a governing authority determines to "acquire" are not explicitly addressed in either Chapter 170, F S or Chapter 190, F S However, such costs should not exceed the fair market value price of the improvements to be acquired, based on all relevant circumstances This point is appropriate here since the District plans to acquire certain infrastructure and facilities that have already been constructed by the landowner In view of the requirements of Chapter 170 it is useful to provide some preliminary comments concerning the process as required by law and as applied in this particular situation As mentioned above, in this instance a portion of the infrastructure and facilities which provide community infrastructure services to the property within the District have already been constructed by the landowner 2 These may be acquired by the District The statute also requires that allocations be made against the benefitting properties in proportion to benefits received This suggests a value basis on the allocation side of the work scope In addition, we are advised that federal tax law requires that the District pay no more than current market value, or the cost of such facilities With these thoughts and requirements in mind we turn to a discussion of the improvement plan In summary, the purpose of this engineering report is to describe the plan of improvements for the District in terms of: 1 The project that the infrastructure improvements serves; 2 The infrastructure improvements ~hat will be financed by the proceeds of a borrowing through a bond sale; and 3 The value of the improvements benefii.:ting the property owners The scope of the report is limited to those infrastructure improvements within, immediately contiguous with the District's property, or those providing necessary off-site utility service to the District. 1 3 ~lantum Corporate Park Quantum Corporate Park is a 601 55 acres (approximately) mixed-use development project zoned for mixed commercial and industrial uses Roughly 55 79 acres of the land has been assigned for use as parks, open space, and conservation Another 139 67 acres (approximately) contains arterial and interior roads, and water management and control areas The remaining 406 09 acres (approximately) serves, or will serve, commercial office, industrial, research and development (R&D) and other tenants 3 Quantum Corporate Park is located in the City of Boynton Beach in Palm Beach County, Florida The site is bounded by Interstate 95 and Congress Avenue on the east and west, and by Miner Road and the South Florida Water Management District C-16 Canal on the north and south (see Vicinity Map, Figure 1, at the end of this section) 1 4 The Quantum Community Development District The Quantum Community Development District, created under Chapter 190, Florida Statutes, was established by Ordinance 091-48 adopted by the City of Boynton Beach, Florida, on July 16, 1991 The District comprises approximat~ly 488 77 acres and lies entirely within the lLmits of Quantum Corporate Park A map showing the limits of the District is presented in Figure 2 at the end of this section Section 190 012 of the Act confers special powers on the District's Board of Supervisors relating to public improvements and community facilities Under the Act, the Board is authorized to "plan, establish, acquire, construct or reconstruct, enlarge or erect equip, operate _nd maintain systems and facilities to service the District" The Ordinance of the City Commission of the City of Boynton Beach establishing the Quantum Community Development District provided for the following services: 1 Water management and control for the lands within the District; 2 Water supply, sewer and wastewater management; 3 Bridges or culverts that may be needed; 4 4 District roads equal to or exceeding the specifications of the local governing authority; And the foll~wing with the city's and county's consent: 5 Parks and recreational facilities; 6 Fire prevention and control (fire stations, water mains, etc ); 7 Security service; and 8 Pest control with the consent of city and county The District is permitted by Section 190 022 to levy special assessments for the construction, acquisition or maintenance of District facilities The District is proposing to finance the improvements and services set forth in this report by the sale of special assessment revenue bonds, such bonds to be repaid by special assessments levied against the property owners located within the District. 5 ~1 -l <t cr ~ >- cr (5 ::::! ~ .-:.. HYPOLUX 0 .: /I ROAD I c <X 0 0 ~ a: lD lLJ (!) C ~ a: CI) ILl a:: Z U (!) ~ - CI) MINER R(W) Z o <t ff ~ Z ~ ~ <t --=::.:.::.-- -.",. OLD BOYNTON ~. ..(_.~--.. .. .. \ I I I I I . , , BEACH avo VICINITY N.TS MAP FIGURE 1 (f;j CllA VKN TBOJIPION . .ASSOClATBS 1Ne. ~ OlItllllltl Pl...... SUllWnatI ... .... ':IM. SlIlQT,.,. L-..... P\.. ,net I'IDC ,_, n..._ lIFl'lCElI ,.,. LAIJlICII)Al.E. l€ST 'AUI lEACH ~ Q. ! I~ eC( u :E II~ a: ~ .... ~ ; en ~ 0 ~ ~ i !ll z i ~ g ": h~ ~ u: ~ !!i~ I 4: '" I i a: .... ! 4: ~e. I i 0 . I I ~6 ~ i! 3J. tt J. Sl:i3J.N . I o < o a::: ~ . ...~ I ... U ...J < z < u a::: l&.I Z :E \ '\ '\ "-6 " ..~ .. .. ~ .. .... + 3^V '\~ Y ~", '" S3~~NO:J Section 2 PROJECT DESCRIPTION 2 1 Quantum Corporate Park The District occupies the great majority of Quantum Corporate Park, a planned business park on approximately 601 55 acres located in the City of Boynton Beach, Palm Beach County The Development Order for the Park as currently approved allows for the following uses: 1 Approximately 1,685,772 square feet of office space 2 High-tech R&D showroom, distribution and similar light industrial uses totaling 4,443,120 square feet 3 Hotels and commercial uses to compliment and support the planned business community totaling 426,888 square feet The above items comprise a total of 6,555,780 square feet of building coverage within the area served by the District It is anticipated that the above-described components of Quantum Corporate Park are to be owned and occupied by a numerous variety of owners and users for the purposes planned The project is a Development of Regional Impact (DRI) and regional approval pursuant to Florida's Environmental Land and Water Management Act of 1972 (Section 380 06, Florida Statutes) was granted to RITECO Development Corporation An Application for Development Approval for the Development of Regional Impact (ADA/DRI) with the City of Boynton Beach resulted in final development order approval, more specifically: Ordinance #84-51, and amended in Ordinance #86-11, and further amended in Ordinance #86-37, and further amended by Ordinance #88-3 6 Section 3 INFRASTRUCTURE IMPROVEMENTS 3 1 General Infrastructure improvements to serve developable pa:;"cels within the Quantum Corporate Park are substantially complete and in use By Resolution #89-QQ of the City Commission of the City of BOYnton Beach, Quantum Corporate Park received City approval, and the improvements were thereby accepted as being in conformance with the approved plans and specifications These improvements include, but are not limited to, the following: 1 The arterial and internal road network with storm, drainage and lighting 2 The water management system 3. The water distribution system 4 The sanitary sewer system, with fully powered lift stations 5 Common area landscaping and signage 6 Parks and conservation areas All capital improvements conform to state, county or municipal government standards, whichever is applicable to each system Numerous federal, state, county and municipal agencies were involved in the planning and permitting process The District engineer is of the opinion, based on site visits and perusal of construction correspondence, that permit conditions have generally been satisfied 7 Construction is in progress for the intersection of Northwest 22nd Avenue, the main Park arterial, with I-95 directly to the east of the Park Certain extensions and additions to improvements within the Park are planned for the near future These include the provision of infrastructure to a 7 acre parcel at the north end of the Park, and the installation of walls and landscape berms on some sections of the perimeter Further required improvements to on-site and off-site addition of traffic lanes and signals are set Development Order for the Park The timing of these is linked to the rate of build-out in the future roads by the out in the improvements The infrastructure already in place and additions planned for the future are described in more detail in the following sections 3 2 Arterial and Interior Road Network with Storm Drainaae and Liahtina The roads which service the District are described below: 1 Northwest 22nd Avenue (4-lane with turn lanes, 6,100 linear feet ( LF) ) 2 Quantum Boulevard (4-lane with turn lanes, 7,000 LF) 3 High Ridge Road (north) (4-lane with turn lanes, 4,850 LF) 4 High Ridge Road (south) (2-lane, 200 LF) 5 Quantum Place (2-lane, 600 LF) 6 Park Ridge Boulevard (4-lane with turn lanes, 4,550 LF) 8 7 Alpha Drive (2-lane, 325 LF) 8 Beta Drive (2-lane, 475 LF) 9 Quantum Lakes Drive (4-lane with turn lanes, 2,850 LF) All of the above-described roadways are within, or contiguous with, the boundaries of Quantum Community Development District and serve not only the District's transportation needs, but also its requirements for utility corridors These roadways consist of stabilized subgrade, limerock (Northwest 22nd Avenue) or shell rock (interior roads), base material and asphaltic concrete surface course Curbed, raised medians and curbed roadway edges are provided, and all road design and construction is in accordance with the technical specifications of the governmental agencies having jurisdiction over the project The roadways lie within right-of-ways, dedicated by plat or other recorded instrument Drainage of roadways is generally by means of surface run-off to roadside grassed swales, drained by inlets connected ultimately to outfalls discharging to District lakes Street lighting is provided to all streets within the District The District is planning to provide an access road for a proposed seven acre development in the northeast corner of the District in the near future 3 3 Water Manaaement System The master drainage plan for the project incorporates the elements of the system shown on Figure 3 at the end of this section The system comprises swales, inlets, and pipes within road rights-of- way and easements; interconnected man-made lakes; and outfalls in three locations to the Lake Worth Drainage District E-4 Canal 9 Storm water from roadways is conveyed via swales, inlets and pipes, as described in the previous section, and discharges into District lakes within the District's boundary Excess storm water from individual lots is collected after on-site dry retention pretreatment Drainage pipe stubs connecting to the road drainage system are provided for each lot for this purpose A summary of approximate quantities of drainage infrastructure installed is as follows: 30,000 LF of reinforced concrete and corrugated metal pipe, and l50 inlets, manholes and control structures The water management system improvements were constructed under permits from South Florida Water Management District and Lake Worth Drainage District, and have been accepted as complete by those agencies Condition 12 of the Development Order for the project ensures that existing and future development of parcels will be in compliance with permit conditions The District has plans to construct drainage improvements for a proposed seven acre development at the northeast corner of the District in the near future 3 4 Water Distribution System Water mains have been installed along the above-referenced roads to provide potable water and fire protection service to the District's land owners. The new mains are connected to the existing system owned and operated by the City of BOYnton Beach at four locations around the District perimeter Connections to the City system are at Congress Avenue, High Ridge Road, and, on the south side of the C-16 Canal, at the intersection of Northwest 13th Avenue and Northwest 7th Street This latter connection includes an aerial crossing over the C-16 Canal The mains comprise l6", 10" , 8" and 6" 10 ductile iron pipe, with provisions for connection to development parcels via 6" service stubs extending to the property lines Approximately 34,000 linear feet of water main has been installed within the District's boundary, and to off-site connection points A map of the water distribution system is shown in Figure 4 at the end of this section The entire system has been released for service by Palm Beach County Health Unit and the City of Boynton Beach, and i~- in use The District has plans to extend the water main to a future development at the northeast corner of the District 3 5 Sanitary Sewer System A sewage collection for the park has been installed, and is fully equipped to provide service to development parcels In the portion of the District lying to the east of the Lake Worth Drainage District E-4 Canal, three separate gravity systems constructed in road rights-of-way or easements each feed to a lift station From th3se, sewage is pumped via a manifolded force main system to a connection point with the City of BOYnton Beach's l6" force main. This connection point is in the right-of-way of the C-l6 Canal, at the southeast corner of the project The lots in the District lying to the west of the E-4 Canal are served by a separate gravity system This system discharges to a previously existing lift station on the extreme west boundary of the District Provisions have been made at individual development parcels for connection to the District's system: Each lot either has access to a manhole located just within the lot, or is provided with a 6" lateral connection to the gravity system stubbed into that lot The sewer system comprises some 23,000 LF of 8" vitrified clay gravity sewer pipe, 100 manholes, and 8,500 LF of ductile iron pipe 11 force main The three on-site lift stations have the following characteristics: 1 Lift station #1 has a capacity of 180 gallons per minute (GPM) 2 Lift station #2 has a capacity of 312 GPM 3 Lift station #3 has a capacity of 370 GPM In order to meet powering requirement for the above-mentioned lift stations (and requirements for powering the street lighting for District's roads) the manhole and conduit underground system for electric supply has been installed throughout the District As mandated by the City of BOYnton Beach code requirements, no overhead power supply is allowed A map of the sewer system is shown on Figure 5, at the end of this section The entire sewer system has been accepted as complete and serviceable by Palm Beach Health Department and the City of BOYnton Beach, and is constructed to state, county and municipal standards The District plans to extend the gravity sewer system to service a future seven acre development at the northeast corner of the District 3 6 Parks, Landscaping & Open Space During the course of the master planning for Quantum Corporate Park, concern for conservation, aesthetics and recreation led to the setting aside of land exclusively for these beneficial and desirable uses These are described in more detail below: 12 a City Park: A parcel of l5 79 acres at the northwest corner of Quantum Corporate Pa_ k is to be used by the City of BOYnton Beach as a permanent city park The city park is depicted on Figure 2 at the end of Section 2 This land was cleared and filled during the main infrastructure improvement phase of the project b. Sand Pine Preserves: Two large parcels of land, one to the south of Northwest 22nd Avenue (l4 30 acres) and one to the north (25 70 acres) have been permanently s t aside as preserves These are shown on Figure 2 at the end of Section 2 The future of these areas as preserves is ensured by their inclusion in the Development Order for the Park (Order #6) The preserves are areas of particular environmental value as they comprise native Florida vegetation of sand pine scrub canopy, understory and ground cover They also provide habitat for several interesting and rare species of native fauna, including the Gopher Tortoise and Florida Burrowing Owl A carefully planned and executed program for relocation and monitoring of rare fauna was implemented during infrastructure improvements c Wetland Conservation Areas: Several areas of pre-existing wetland areas were identified and improved during the planning and infrastructure improvement phases In addition, landscaping in the form of vegetated littoral zones of hardwood swamp/freshwater marsh habitats has been established around lakes and wetlands 13 The requirements and maintenance procedures appear in Development Orders #9 and #10 Future Improvements The City of BOYnton Beach will require the construction of bermed landscape buffers and screening walls along certain sections of the District's perimeter Wnere commercial and industrial zoned lots at Quantum abut existing residential and commercial development, City ordinances require the construction of the buffers described above T"ese must be constructed at the time of lot development, or before The District is making provisions to be able to finance these improvements through the bond issue under consideration 3 7 Development Order Obliaations Listed below is a summary of the most prominent Development Order obligations which the District will undertake Some of these items are partially complete, the remainder being future obligations a ( Re f D 0 # 23 ) An additional two lanes on Northwest 22nd Avenue from Congress Avenue to Seacrest Boulevard b (Ref D O. #24) Construction plans and right-of-way maps for double left turn lanes on the intersection of Congress Avenue and BOYnton Beach Boulevard ($14l,000) c (Ref D. 0 #25) Feasibility/ Justification study of new intersection of I-95 with Northwest 22nd Avenue ($200,000) d (Ref D 0 #26) Contribution to construction on I-95 intersection ($900,000 + cost of living adjustments) e (Ref D 0 #27) Right-of-way acquisition and construction for I-95 intersection ($900,000 + cost of living adjustments) 14 f (Ref D 0 #28) Monitoring of project traffic gen =ation g (Ref D 0 #29) Provision of signalization and turn lanes at intersections on Northwest 22nd Avenue to maintain level C service (Estimate $125,000) 15 ~\\\\ 0- '"' 4. "'0 (') ~ .. t.-\ \U \U \\~ ~ C) \ ~ 4. \\;; ~ ~ l\\ 4.'6' cc ~ \ o ~ , S6 31 Y lS~31NI <1> t'- tSl t'- t'- t'- IS) t'- on t'- o '" <1> 0 ... IS) t'- t'- ~->'~ .]D~N.o/ ~o ->''/'IS .:1.;/0 '" '" -ij l ~o.. )-" l;: (,) ~ III /' ~ ---- ~.- ~ ~.sJ...__.. ..... ~.... '0'0' M"l ------v - 3 ---1V' N'v' J- ~... <"It.. ~ ~~ o<k 0", ~ J''b :6-) J'oc> / ------- ----- -----. --- ~ .~- ! i ~ I ~ I Z . . t s; ~. ~ ah2 Q. ,21~ a: ~I .!ii : ~i= I~i ~ 4(~ -I; ~ ~ ~ !h I&. I- I i ~ e i of; ~ ~ ~ o ~ ~6 3.1. 'v' .1.SeJ3.1.NI ~ .J ~ ~ a. Q ~ III '" N !i 0> a. >- I- <3 1 i l i I .... -=" GO ,.... 10 III N N N N ~-3 lV'N\lQ a"a M'l_ 'f-Q ..... ..~ ) -roc:> ~ i- ...>. % v'q". -$ - -{ N '" f:6 3J. ....J.SeJ3.1.NI ~ ~ 1 ~ ~,~S ~ ;1:: I/) a= .,~; ~ ~ I elf II.~ C/JW , ' ~ IrB >- ! h a= ' 4( ! t: e i !. ~ ! o '" a; ;; ~ ~ r~ ~r1< lJ..,yo ~.('<l' "''''0 Ol ... 'l' on :: on U <<: .:, : ... z: 0 i= '? 91 f! ,.. "- II) ... .... I OJ f- I on '=: 'P ! -J '" ~ ( ... i '1' ~ I '" ... on on on ... '" '" 'SO ~ -sac:> -~$ - ~ l-' 51l ~tl'= iI' ~:J~ 1s.\. 7~ _3^'V SS3~f)NO:) 'i -&. .. -b "'E> v'q". ---- .~ -- -~ -- ~ ---- ~- ~--~ Section 4 VALUE OF IMPROVEMENTS 4 1 General The framework for arriving at the estimated value of the capital improvements has already been introduced in Section 1, paragraph 1 2, of this report Section 4 presents a more detailed explanation of the methodology and rationale behind the valuation as well as the valuation itself A summary will be found in paragraph 4 2, followed by a narrative in paragraph 4 3 It is important to mention at this stage that the legal environment for development of land in Florida has undergone very significant changes in the last decade: State Growth Managl rrent Legislation, County comprehensive plans, and policies of agencies governing environmental issues have all contributed to tighter controls on development ~ It is our opinion that the Quantum Corporate Park could not be developed to its present extent if it were to be started today It would not be possible or practical to speculate on what effect the above-mentioned restrictions would have on the scope of development, let alone assign an enhanced value to the existing improvements It does, however, give reassurance that the evaluations made in the following sections represent at least the fair market value of the improvements 16 4 2 Summary of Capital Improvements Evaluation First Apl'roach: As described in Section 4 3 1, the evaluation based on land value is $45,103,853 Second Approach: As described in Section 4 3 2, the evaluation based on replacement cost is $45,638,543 Summary: A conservative eval'1ation of the capital improvements being considered herein is, in our opinion, $45 million, based on the analysis in this report 17 4 3 Capital Improvements Evaluation in Detail 4 3 1 432 First approach using value of land: 1 The 1991 County tax roll for the developable parcels within the District has been studied by the District Engineer The assessed value of vacant land averages at $l76,000/acre approximately Typically, County assessed land values are up to 20% lower than actual market value i e actual market value may be up to $220,000/acre A value of $198,000/a~re, between these two figures, is considered to be conservative, and will be used in this analysis 2 The original cost of land in late 1985 was approximately $47,000/acre Allowing for 15% inflation over this period, the 1991 value is approximately $54,050/acre 3. The difference between present value of vacant land and original cost of the land adj~sted for inflation is considered by us as representing th~ value added by the capital improvements (both those in place and those which will be required for infrastructure completion) A simple subtraction gives a value of (198,000 less 54,050) x 313 33 acres = $45,l03,853 Second approach using replacement cost: The sources and methodology used in the second approach to evaluating existing District improvements is based on historic costs adjusted by an inflation fcctor, and an 18 allowance for known future capital improvements The aim of this approach is to give an evaluation by looking at replacement cost at today's prices, together with future improvements A summary of these costs is given below: Infrastructure Costs A Completed to date (3/31/91) A 2 Professional Fees Allocated 14,593,4l8 3,095,402 A 1 Infrastructure Construction A 3 Construction administration, supervision & inspections 3,672,648 21,36l,468 A 4 Interest on Construction Loan for 3 yrs @ 10% A 5 Cost of Land (195 46 Acres) A 6 Inflation, 1988-1991 @ 15% Say 1991 VALUE 7,070,646 9,191,897 37,624,011 5,643,601 43,267,613 B Future Improvements B 2 Professional Fees 1,632,873 163,287 B 1 Infrastructure Construction B.3 Construction Administration, Supervision & Inspection 163,287 B.4 Interest on Construction Loan 2 yrs @ lO% 1,959,447 411,483 2,370,930 Estimated Total Value of Improvements for Complete Infrastructure System = 45,638,543 NOTES: 1) Infrastructure Construction a) Completed to date: Estimated costs were derived, where possible, from certified construction pay draws, made available by 19 the Park's developer for the District Engineer's review: Additional information on actual costs came from funded draws on the construction loan Though the award of the majority of construction contracts was by lump sum, contract back-up material contained detailed unit prices and quantities A review of this material gave the District Engineer reasonable assurance that prices were in line with market prices current at that time: A comparative study was made using contract data from similar projects under construction at that time b) Future improvements: The great majority of future improvements for which the District must provide funding are dictated by condi tions in the Development Order These are enumerated and described in Section 3, Paragraph 3 7 of this report Financial obligations are laid out in detail in the Development Order for some items, and estimates have been made for the remainder 2) Professional Fees: Included in this category professionals involved in the disciplines listed below, who services, and will continue to future: are fees for project in the have provided do so, in the a Planning Architecture Engineering Mechanical) Legal Traffic, Electrical, b (Civil, c d 20 e Financial Consulting f Environmental Consulting and Science g Specialist Project Management h Inspection Project accounting records and summaries made available to the District Engineer by the Park's developers are the source for costs associated with the above. Estimates of fees for future improvements are based on 10% of estimated hard costs for planning, engineering, surveying and legal work, and an additional 10% for construction administration and inspection 3) Cost of Land: To arrive at a value for land which will be dedicated to the District, area tabulations have been made, and appear in tables 4 1 to 4 3 at the end of this section The acreages are compiled from a drawing by FRS & Associates: Engineers, Land Surveyors, Land planning of West Palm Beach, Florida, referenced "Quantum Park at BOYnton Beach Hard Copy", #89-5-20 This was provided by the Park's developer, and depicts all platted lots, tracts, streets, and site geometry Legal descriptions attached as exhibits to the Quantum Community Development District amended petition, and the City of BOYnton Beach resolution adopting the District, have also been used in area calculations (see table 4 3) The "per acre" evaluation of lands to be acquired by the District was calculated by taking the original purchase price of the land and associated capitalized costs, amounting to $28,288,998 and dividing this by the overall area of Quantum Corporate Park as it now exists - 601 55 21 -- --------~ ---------~~--_. acres (approximately) This results in a value/acre of 28,288,998 + 601 55 = $47,027/acre The land qualifying for comprises the following: a Arterial and interior inclusion in this category roads (66 82 (55 70 (17 15 (40 00 (15.79 195 46 acres) acres) acres) acres) acres) acres b Water management areas and wetlands c Canal easement within the District d Sand Pine Preserves e City park 4) These "book" costs are the foundation on which to determine the total costs of the infrastructure already constructed by the landowner since the landowner intends to sell these existing public improvements to the District for a price not exceeding the landowner's "book" costs for the same The "book cost" price requires adjustment to the extent, if any, that such price exceeds the current fair market value of the existing public improvements These public improvements have been constructed but are largely unused, so that their fair market value is their replacement cost under current conditions (including market, legal, engineering and regulatory conditions) without adjustment for depreciation 22 TABLE 4.1 OVERALL AREA TABIDATION 1 Roadways: a NW 22nd Avenue 19 59 b Tract "en - High Ridge 3 34 c Private 43.89 66 82 66 82 2 Water management & wetlands 55 70 Canal Easements/ R/W 17.15 72 85 72 85 3 Sand Pine Preserves 40 00 City Park 15.79 55 79 55.79 195 46 4 Sold lots Lots 4A,46C,47D 2 70 Lots 4B,5A 2 29 Lot 4 1 90 Lot 5 2 03 Lot 20 1 58 Lot 20A 0 70 Lot 55 55 00 Lot 4GB 2 17 Lot 47C 1 45 Part 47B 0 53 Lot 51A 0 9l Lot 5lB 2 22 Lot 89A 1 00 Part 89B 0.77 75 25 75.25 5 Unsold Lots (See Table 4 4) = 313.33 unsold water lots (integral w/adjacent lots) l7.5l Ac Overall Area 601.55 23 TABLE 4.2 TABULATION OF SALE PARCELS LOT # AREA 1 3.5766 2 3.7679 3 4 0754 6 2.2319 7 16040 8 1 6165 9 1 -410 10 1 7934 11 1 33.)5 -- 12 1 94::'1 13 2.0528 14 2.1745 15 2.5652 16 2.6856 17 3.3854 18 2.3733 19 1 8993 21 1 6389 22 1 2288 23 1 5071 24 1 2341 25 1.2849 26 1 2801 27 1 2052 28 1 3172 29 2.2455 30 2.9335 LOT # AREA LOT # AREA 31 2.2694 49 4 6887 32 2.7872 508 4 2503 33 2.4354 50A 1 4149 34A 3.7338 510 1.2094 348 4 0433 52 44122 34C 6 5808 53 3.7727 35 2.1385 54 3.8106 36 3 5862 56 3.0183 37 2.2262 57 5.8002 38 2.6175 58 4 9279 39 3 6039 59 4 8152 40 3 8997 60 6.7029 41A 2.4112 61 3.6448 418 2.3999 62 3.0029 41C 2.4000 63 3.1417 42A 2.3922 64 3.4344 428 2.6909 65A 2.8266 43 8.1733 658 2.4079 44 7 0761 06 3.5523 45A 1 7945 67A 2.4452 458 2.2929 678 1 8844 46A 2.0528 67C 2.0112 47A 1 3903 68A 2.0592 478 part 0.8613 688 1 5444 48A 1 4811 69 3.6036 488 1 4811 70 3.6036 48C 2.3697 72 5.4569 NOTE. THIS TA8ULATION DOES NOT INCLUDE UNSOLD WATER LOTS. 24 LOT # AREA 73A 2.6555 738 1 9221 74 2.7122 75 3.0238 76 3.4327 77 3.2799 78 2.5375 79 4 0760 80 3.9185 81 41561 82 5.8586 83 4.2257 84 3.4646 85 3.4419 86 3.2592 87 5 0535 88 3 0562 898 part 4 0000 90 11 .3711 91 6.6503 TOfAL313.33 ACRES TABLE 4.3 Ti\BULATION OF AREAS WITHIN DISTRICT PARCEL NO DESCRIPTION AREA 1 Plat No. 1 A 1.891 Ac.+/- 2 Plat No 1 19 482 Ac. +/- 3 Plat NO.2 75.223 Ac.+/- 4 Plat No.3 103.974 Ac.+/- 5 Plat No 4 Less Plat 1 0 22.889 Ac.+/- 6 Plat No.5 91.899 Ac.+/- 7 Plat No.6 Less Plat 9 61 54 Ac.+/- 8 Plat No. 7 Less Plat 11 19 062 Ac.+/- 9 Plat No.8 49623 Ac.+/- 10 PLt No 9 50.04 Ac.+/- 11 Plat No. 10 67 969 Ac.+/- 12 Plat No. 11 4.578 Ac.+/- 13 P C 0 Center 13.933 Ac.+/- TOGETHER WITH TW1* Already a Part of Plat No. 10 N/A TW2 Metes and Bounds 0050 Ac.+/- TW3 Metes and Bounds 0338 Ac. +/- SUBTOTAL 582.491 Ac.+/- LESS AND EXCEPT PARCEL NO. DESCRIPTION AREA OP1 Lot 921Plat No 3 15 792 Ac.+/- OP2 Lot 51-B/Plat No 4 2.224 Ac.+/- OP3 Lot 55/Plat NO.5 55.000 Ac.+/- OP4 Lot 46 and Other Lands 6124 Ac.+/- OP5 Lift Station/Plat No 1 0020 Ac.+/- OP6 Tract "C" /Plat No 8 3.339 Ac.+/- OP7 Lot 89-A and Other Lands 1 771 Ac.+/- OP8 Lots 4, 4-A 4-B, 5 and 5-A 6959 Ac.+/- OP9 Lot 20/Plat No 2 1 584 Ac.+/- OP10 Lot 51-A1Plat No 10 0908 Ac.+/- SUBTOTAL 93.721 Ac.+/- GRAND TOTAL 488.770 Ac.+/- 25 APPORTIONMENT PLAN FOR QUANTUM COMMUNITY DEVELOPl\1ENT DISTRICT Fishkind & Associates, Inc. 12424 Research Parkway Orlando, Florida 32826 January 15,1992 APPORTIONMENT PLAN FOR QUANTUM COMMUNITY DEVELOPMENT DISTRICT 1.0 O1pital Projects Summary A lIst of District capital projects (the "Projects") and their estimated construction costs arc shown in thc followmg tablc. The total costs of the ProJccts Including financing costs, are also summanzed m the table below Each of these Projects falls under the categories of allowable CDD activities as defmed in Section 190, Florida Statutes. Construction Financing Proiect Fund Costs Total Cost Roads $10,563.636 $2,862,378 $13,426,014 Drainage $31,690,907 $8,587,133 $40,278,040 Water and Wastewater $3.384,000 $916.946 $4.300,946 Totals $45,638,543 $12,366,457 $58,005,000 2.0 Methodology 21 According to Chapter 170.01(2), Florida Statutes, "Special assessments may be levied only for the purposes enumerated in thiS sectIOn and shall be levied only on benefited real property at a rate of assessment based on the special benefits accrulOg to such property from such improvements when the Improvements funded by the special assessment provide a benefit which is different in type or degree from the benefits provided to the community as a whole." The methodology described below was designed to satisfy these cnteria. The list of capital facilities to be funded through these special assessments that are summarized in the above table include only facilities which are expliCitly provided for m Chapters 190 and 170 of the Florida Statutes. In addition, each of these facihtles prOVides special benefits to properties within the Distnct which are different from the benefits proVIded to the commumty as a whole. Thus, It IS appropriate to assess the vanous classes of benehted properties m a manner consistent With the benefits that those properties receive. ThiS process of allocating benefits, and thereby the special assessments whIch wIll be made on those benefitlOg properties, IS governed by Chapter 170.02, Florida Statutes, which reads, "Special assessments against property deemed to be benefited by local Improvements as proVided in s. 170.01 shall be assessed upon the property specIally benefited by the Improvement in proportIOn to the benefits to be derived therefrom, said special benefits to be determlOed and prorated according to the foot frontage of the respective properties specially benehted by said Improvement, or bv such other method as the t!overnin2 bod" of the municloalltv may prescribe. Thus, the statute requires that special assessments be made only' (1) for facll1tles which prOVide special benefits to property as dlstmct from general benefits, (2) agalOst property which receives that special benefit, (3) m 1 proportion to the benefits rccclved by the properties, and (4) according to methods that the governing body of the Jurisdiction dctermlnes. The assessments placed upon the various bencflting properties In the District must be sufficient to cover the debt serVice of the bonds which will be issued for financing the infrastructure improvements. Chapter 170.01, Florida Statutes, notes that bonds can only be Issued In amounts which can be paid by the special assessments. The amount of these assessments are hmlted to the benefits provIded to the properties (Chapter 170.08, F.S.). Finally, Chapter 170.03, Florida Statutes, provides that the costs of the improvements to be financed via the assessments includes not only constructIOn costs, but also the costs of planning, land acquisitIOn, Issuance costs, interest expenses, and other necessary expenses. Since there are costs associated with the collection of the special assessments (whether by the uniform method of such collection as authorized under Chapter 197.3632, F.S., or by the optional method under Chapter 197.363, F.S.), these costs must also be included in the special assessment levy Our experience IS that a seven percent gross-up over the assessment actually expected provides sufficIent account for these collection costs and other expenses incidental to the collection of the special assessments. In developing the methodology used in determining special assessments for the Quantum Community Development District, three interrelated factors were employed. a) Allocation of benefit All developed and developable acreage benefits from the proposed Improvements; all non-developable acreage does not. b) Intensitv of use: The developable land included 10 the Dlstnct receives benefits from the proposed infrastructure in proportion to the intensity of its use. The greater the intenSIty of development the greater the benefit that acre of land derives. For example, an acre designated for office use will generate more automobile traffic than an industrIal acre will. SImilarly, land used for offices may cause more run off of dramage water than will industrial land. c) Chapter 170, Flonda Statutes, requires that the special assessments on each parcel cannot exceed the value of the benefIts provided to such parcel. Thus, the total special assessments on a particular parcel may not be greater than the amount by whIch the fair market value of that parcellS increased on account of the public Improvements. 22 The procedure for allocating assessments should follow certain guidelmes: a) Assessments would be allocated by class of umt and by acre. b) Tax roll certIfication should be by acre by tract. c) All land planned for development will be assessed based on planned usage. 2 d) The assessment on a tract of land is mitially set and cannot change. All land that IS developed or developable lymg wlthm the Dlstnct IS to be assessed based on the intensity of use of the eXIsting or planned development The intensity of use of a planned development IS based on representations by developers whIch own land within the Dlstnct. Owners of land withm the DIstrict may, withm the limits of apphcable governmental restnctlons on land use, modIfy the intenSIty of use on any parcel. However, future changes m land use intensitIes shall not result in an increase or decrease in the assessments on assessed parcels. The District may require a landowner who changes the level of mtensity of use of a parcel to prepay the assessment on that parcel m ~ hole or in part, as shall be determined by resolution of the Board of Supervisors of the District. 23 The various categories of land use and theIr proposed assessments are descnbed below As- a prelude, the followmg observatlons are relevant. FIrst, it is ImpossIble to provide an absolutely precIse allocatIOn of benefits to each and every mdlvidual property Furthermore, there arc hmlts on the capacity to precisely measure benefits. Finally, it is our experience that finely articulated systems of measuring benefits create extremely difficult communication problem~ with property owners who have difficulty understanding highly sensitive and sophIsticated allocation systems. Thus, for these reasons we have opted for a simplified system, but one which is fair and equitable. As noted above, the system is designed to satisfy the requirements of Chapter 170 of the Florida Statutes and is based strictly on benefIts. The three guidmg factors 10 the system are: (1) intensity of use, (2) usefulness of the property (only developed and developable land receives benefits), and (3) the increase in the fair market value of a parcel as a result of the improvements. As noted above, benefits depend upon intensity of use. We have determined, based upon the proposed land use plan for the District, that a fair allocation of benefits is provided by the table below 24 In determining allocation of assessments to vanous tracts, three major categories of infrastructure and their impacts on the mtensity of use of the land were considered. These categones are roads, dramage and water and wastewater Dependmg on land use, and following the gUIdelines enumerated above, ratios of intensity of use between the vanous land uses were developed. Umts of measurement for each category of mfrastructure are Vehicle Miles Per Trip Per Acre (VMTs) for roads, Drainage ReSIdential Umts (DR Us) for drainage, and EqUIvalent Resldentlal Umts (ERUs) for water and wastewater Based on an estlmated mtensity of usage for each land use category, the followmg ratIos were derived: Land Uses Roads (VMTs/Acre) Dramage (DR Usl Acre) Water and Wastewater (SRUs/Acre) CommercIal Office R&D Industnal 108 18 15 13 0.3 1.5 13 13 1 1 1 1 3 The next step m the methodology involves denvmg the amount of assessment attnbutable to each VMT, DRU and ERU Starting with an estimated bond size of approximately $58,005,000 ($45,638,543 in construction costs plus capitalized mterest, a debt service reserve and other finance costs), an average annual net debt service of $6,028,415 resulted. This is the average amount that must be met by annual assessments. Estimating that approximately 23.15% of the debt service should be met by road assessments, 6944% by drainage assessments, and 741% by water and wastewater assessments, annual net debt service attributable to road, drainage and water and wastewater assessments were $1,395.355, $4,186,066 and $446,994 respectively Divldmg the annual road assessment by the total number of VMTs assigned to the various land uses results in a per VMT annual assessment of approximately $176.89. Similar calculations produce a per DRU annual assessment of approximately $9~777 and a per ERU annual assessment of approximately $1,345.87 The final step m formulating the average annual assessment for each parcel of land includes the multiplying of the number of acres of each parcel by the number of VMTs, DRUs or ERUs assigned to a specific land use acre (see ratIo table above) and then multiplying that result by the per VMT, DRU or ERU annual assessment For example, an theoretical office parcel of 4 acres would be first multiplied by its specific ratios (18 VMTs per acre, 1.5 DRUs per acre and 1 ERU per acre). No. Of Acres 4 x VMTs Per Acre VMTs Per Parcel 18 = 72 DR Us Per Acre DR Us Per Parcel 1.5 = 6 ER Us Per Acre ER Us Per Parcel 10 = 4 4 x No. Of Acres No. Of Acres 4 x 4 ~ Then, the total VMTs, DRUS and ERUs per parcel would be multiplied by the per VMT, per DRU and per ERU assessments to get the respective road, drainage and v.ater and wastewater assessments for the parcel. VMTs Per Parcel Per VMT Assessment Road Assessment 72 x $176.89 = $12,736.08 DR Us Per Parcel Per DRU Assessment Drainage Assessment 6 x $9,58777 = $57,526.62 ER Us Per Parcel Per ERU Assessment Water and Wastewater Assessment 4 x $1,345.87 = $5,383.48 Adding the three assessments together, we get a theoretical total assessment for the 4 acre office parcel of $75,64622 Adding the seven percent grossup results in a total assessment of $80,94146. The following table summarizes average annual assessments per acre of land use and includes the seven percent grossup: Water and Road Drainage Wastewater Total Land Use Assessment Assessment Assessment Assessment Commercial $19,104.12 $2,87633 $1,345.87 $23,32632 Office 3,184.02 14,38166 1,34 5.87 18,91155 R&D 2,65335 12,464.10 1,345.87 16,46332 Industrial 2;29957 12,464.10 1,34 5.87 16,10954 3.0 Financing Structure The Projects are to be financed by one series of bonds (the "Series 1992 Bonds ') which will be payable from and secured by leVied assessments. The assessments Will be payable 10 approximately equal mstallments of principal and interest commencing after acceptance of the Projects by resolution of the Board of Supervisors of the Dlstnct. 4.0 Assumptions and Calculations The various assumptions, estimated debt service schedule, and sources and uses with regard to the Series 1991 Bonds Will be found in the following tables. Also located 10 the follOWing tables are various ratIOs and calculations along with the estimated assessment allocations for each parcel of land wlthm the Dlstnct. 5 BOND FINANCING Amount: Issuer' Name Series' $58,005000 QUANTUM COMMUNITY DEVELOPMENT DISTRICT WATER MANAGEMENT REVENUE BONDS 1992 ASSUMPTIONS Construction Cost Construction Period Construction Fund Earning Rate Compounding Period. Annual=1 Semi-ann.=2 Quarterly=4 Monthly=12 Capitalized Interest Period Capitalized Interest Earning Rate Underwriter's Discount Issuance Cost Insurance Bond Interest Rate Term Debt Service Reserve (1 =yes,O=na) Debt Service Reserve Earnings Rate Issue Date (Yr ) Issue Date (Man) Issue Date (Day) Delivery Date (Yr ) Delivery Date (Mon.) Delivery Date (Day) 1st Interest Payment (Man) 1st Principal Payment (Yr ) 1st Principal Payment (Mon.) LOC (% of Par) LOC Period (Yrs.) Other (+ or-) Bond Increment $45,638 543 24 Mos. 55 0/0 2 Const. 2 Cap In1. 22 Mos. 55 0/0 1 75 0/0 $200,000 o 0/0 85 0/0 20 Yrs. 1 65 0/0 1992 3 1 1992 3 1 9 1995 3 o o o $5,000 6 --_._---~--_. ------------~------- ------~--- Amount: Issuer' Name Series: $58 005,000 QUANTUM COMMUNITY DEVELOPMENT DISTRICT WATER MANAGEMENT REVENUE BONDS 1992 Year Coupon 1992 000% 1993 850% 1994 850% 1995 850% 1996 850% 1997 850% 1998 850% 1999 850% 2000 850% 2001 850% 2002 850% 2003 850% 2004 850% 2005 850% 2006 850% 2007 8.50% 2008 850% 2009 850% 2010 850% 2011 850% 2012 850% 2013 000% 2014 000% 2015 000% 2016 000% 2017 000% 2018 000% 2019 000% 2020 000% 2021 000% 2022 000% Totals DEBT SERVICE SCHEDULE Gross Debt Principal Interest Service $0 $0 $0 0 4,930,425 4,930,425 0 4 930,425 4,930 425 1,475,000 4,930,425 6,405,425 1,600,000 4,805,050 6,405,050 1,735,000 4 669,050 6,404,050 1,885000 4,521,575 6,406,575 2,045,000 4,361,350 6,406,350 2,220,000 4,187,525 6,407,525 2,405,000 3,998,825 6,403,825 2,610,000 3,794,400 6,404,400 2,835,000 3,572,550 6,407,550 3,075,000 3,331,575 6,406,575 3,335,000 3,070,200 6,405,200 3,620,000 2,786,725 6,406,725 3,925,000 2,479,025 6,404,025 4,260,000 2,145,400 6,405,400 4,620,000 1,783,300 6,403,300 5,015,000 1,390,600 6,405,600 5,440,000 964,325 6,404,325 5,905,000 501,925 6,406,925 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Reserve Earnings @ 650% Net Debt Service $0 0 3,287,976 6,028 435 6,028,060 6,027,060 6,029,585 6,029,360 6,030,535 6,026,835 6,027,410 6,030,560 6,029,585 6,028 210 6,029,735 6,027,085 6,028,410 6,026,310 6,028 610 6,027,335 230,094 0 0 0 0 0 0 0 0 0 0 $106,001,145 $58,005,000 $67,154,675 $125,159,675 $13,339635 7 $0 376,990 376,990 376,990 376,990 376,990 376,990 376,990 376,990 376,990 376,990 376,990 376,990 376,990 376,990 376,990 376,990 376,990 376,990 376,990 6,176,831 o o o o o o o o o o Amount: Issuer' Name Series: Sources: Uses: $58,005,000 QUANTUM COMMUNITY DEVELOPMENT DISTRICT WATER MANAGEMENT REVENUE BONDS 1992 SOURCES AND USES Bond Proceeds Accrued Interest Other $58,005 000 o o Total $58,005 000 Construction Fund (Net) Capitalized Interest (Net) Debt Service Reserve Issuance Under Disc. Insurance @ Accrued Interest Balancing Amount $43,151,807 7,831,794 5,799,841 200,000 1,014,972 o o 6,585 1 75% 000% Total $58,005,000 8 '--'-~---,----- ~ ---~---- RATIOS AND CALCULATIONS Size of Bond Issue Average Annual Net Debt Service (1995-2011) $58 005 000 $6 028 415 0/0 of Debt Service Attributable to Roads % of Debt Service Attributable to Drainage 0/0 of Debt Service Attributable to Water and Wastewater 23 15% 69 44% 741% Annual Debt Service Attributable to Roads Annual Debt Service Attributable to Drainage Annual Debt Service Attributable to Water and Wastewater $1 395 355 $4,186,066 $446 994 Land Use Roads Drainage (VMTs per acre) (DRUs per acre) Water and Average Annual Wastewater Assessment (ERUs per acre) Per Sq Ft. Commercial Office Research & Development Industrial 108 18 15 13 03 1 5 , 3 , 3 1 1 1 1 o 5730 o 4645 04044 o 3957 VMTs = Vehicle MileslTrip DRUs = Drainage Residential Units ERUs = Equivalent Residential Units ~AD ASSESSMENTPERVMTCALCULATIONl Land Use Acreage VMTs Commercial Office Research & Development Industrial 28 0963 164 7032 39 0535 1 00 2704 3034 4004 2964 6576 585.8025 13035152 Total 332.1234 7888 3757 Average Annual Net Road Debt Service - Total Average Annual Net Road Debt Service - Per VMT $1,395,355 24 $176 89 IDRAINAGE-ASSESSMENT PERDRU CALCULATION Land Use Acreage DRUs Commercial 28 0963 8 4289 Office 164 7032 2470548 Research & Development 39 0535 50 7696 Industrial 100 2704 1303515 Total 332.1234 4366048 Average Annual Net Drainage Debt Service - Total AVp.rClOp. Annual Net Drainaoe Debt Service - Per DRU $4,186,06572 59 58777 WATER AND WASTEWATER ASSESSMENT PER ERU CALCULATION Land Use Acreage EAUs Commercial 280963 28.0963 Office '64 7032 164 7032 Research & Development 39 0535 39 0535 Industrial 100 2704 '00 2704 Total 332.1234 332.1234 Average Annual Net Water and Wastewater Debt Service - Total Average Annual Net Water and Wastewater Debt Service - Per ERU $446,994 03 $1,345 87 10 -----~ ----.. ASSESSMENT ALLOCATION - Table I. (Average Annual Assessments) Average Annual Average Average Annual Average Annual Waler and Average Annual Annual Acreage: Roads Drainage Wastewater Total Assessment _:It Land Use Property Conlrol Numbers Land Lake Areas Assessment Assessment Assessment Assessmenl Per Sq. Fl. Ollice Site 084345-17-06-0000-010 3.5766 $12,184.95 $55 036.04 $5,150.58 $72.373.58 o 4645 LOll-A, E-4 Canal 084345-17-06-0000-010 1 498-4 5.10483 23,057.93 2.157.81 30.320.58 0.4645 LOll-A, E-4 Canal 084345-17-06-0000-010 0.7054 2,403.19 10,854.96 1,015.83 14,273.98 0.4645 2 Oflice Sile 084345-17-06-0000-020 3.7679 12.836.68 57,981.84 5 426.07 76.244.59 0.4645 3 Ollice Site 084345-17-06-0000-030 4 0754 13.88-4.29 62,713.76 5,868.89 82,466.95 0.4645 5 Ollice Sile 084345-17-07-0000-060 2.2319 7,603.76 34,345.30 3.214.11 45163.17 0.4645 5A Lake Area 10 084345-17-07-0000-060 0.9911 3,376.53 15.25141 1 427.26 20,055.21 0.4&0\5 Office Sile 084345-17-07-0000-070 1.6040 5,4&0\.59 24,682.95 2.309.89 32.457 42 0.4&0\5 7A Lake Area 10 084345-17-07-0000-070 0.5945 2,025.37 9 148.39 856.13 12,029.89 0.4545 Office Site 084345-17-07-0000-080 1.6165 5,507 18 24.875.30 2,327.89 32.710.36 0.4545 5A Lake Area 10 084345-17-07-0000-080 0.6376 2.172.21 9,811.62 918.19 12,902.03 0.4545 3 Ollice Site 084345-17-07-0000-090 1.&0\10 5,590.65 25.252.31 2,363.17 33,206.13 0.4545 SA Laka Area 10 084345-17-07-0000-090 0.7068 2.407.96 10,876.50 1,017.85 14,302.31 0.4545 0 Ollice Site 084345-17-07-0000-100 1 7934 6,109.85 27,597.50 2.582.64 36.289.99 0.454 5 OA Lake Area 10 084345-17-07-0000-100 0.5935 2,021.97 9 133.00 854.69 12.009.65 0.4&0\5 1 Ollice Sile 084345-17-07-0000-110 1.3365 4,553.26 20.566.56 1,924.66 27.04448 04&0\5 1A Lake Area 10 084345-17-07-0000-110 0.4628 1,576.69 7 121 74 666.47 9,364.90 0.4 &0\ 5 2 Office Sile 084345-17-07-0000-120 1.9451 6,626.67 29,931.92 2.801 10 39,359.68 0.4545 2A Lake Area 10 084345-17-07-0000-120 0.3114 1.060.89 4 791.94 448.44 6.301.27 04&0\5 3 Ollice Site 084345-17-07-0000-130 2.0528 6,993.59 31,589.25 2,956.19 41,539.03 0.4&0\5 3A Lake Area 10 084345-17-07-0000-130 0.5510 1,877 18 8 478.99 793.48 11 149.65 0.4545 4 Ollice Sile 084345-17-07-0000-140 2.1745 7 408.20 33.462.01 3 131 45 44.001 66 0.4545 4A Lake Area 10 084345-17-07-0000-140 1 1671 3.976.14 17,959.77 1.680.72 23,616.62 o 4&0\ 5 5 Ollice Site 084345-17-07-0000-150 2.5652 8.739.26 39474.25 3,694.09 51,90760 0.4&0\ 5 SA Lake Area 10 084345-17-07-0000-150 1 1722 3,993.51 18,038.25 1 688.06 23 719.62 0.4&0\ 5 S Ollice Sile 084345-17-07-0000-160 2.6856 9 149.45 41,327.01 3,86747 54.343.93 0.4545 SA Lake Area 10 084345-17-07-0000-160 1.9663 6,705.71 30,288.93 2.834.51 39.629.14 0.4545 7 Office Site 084345-17-07-0000-170 3.3854 11.533.56 52,095.79 4.675.24 68.504.59 0.4545 7A Lake Area 10 084345-17-07-0000-170 1.81 67 6.189.23 27,956.05 2,616.19 36.761 47 0.4545 e Office Site 084345-17-07-0000-180 2.3773 8.099.11 36.582.77 3 423.50 48.105.38 0.4&0\ 5 5A Lake Area 10 084345-17-07-0000-180 0.4302 1 465.63 6.620.08 619.52 8,705.23 0.4645 3 Of rice Site 084345-17-07-0000-190 1.8993 6.470.54 29.22713 2,735.14 38,432.91 0.4645 Lake Area 10 084345-17-07-0000-190 0.8916 3,037.55 13,720.27 1.283.97 18,041 79 0.4645 Office Sile 084345-17-07-0000-210 1 6389 5.583.49 25.220.00 2,360. I 4 33.163.54 04&0\5 ;.. E-4 Canal RighI-Of-Way 084345-17-07-0000-210 0.7923 2,699.25 12.192.21 1 140.S7 16.032.43 0.4&0\5 3 E-4 Canal RighI-Or-Way 084345-17-07-0000-210 0.4866 1.657 78 7 487.98 700.74 9.846.50 0,4 &0\ 5 2 Office Site 084345-17-09-0000-220 1.2288 4 186.34 18,909.23 1 769.57 24,865.14 0.4545 2A E-4 Canal Right-Of-Way 084345-17-09-0000-220 0.6776 2.308.48 10,42716 975.80 13,711 44 0.4645 3 Office Site 084345-17-09-0000-230 1.5071 5,134.47 23191.81 2,170.34 30496.62 0.4&0\5 3A E-4 Canal Righi-Of-Way 084345-17-09-0000-230 0.4424 1 ,507 1 9 6.807.81 637.09 8,952.10 0.4&0\ 5 Office Site 084345-17-09-0000-240 1.2341 4.204.40 18,990.79 1 777.20 24,972.39 0.4645 ~A E-4 Canal Right-Of-Way 084345-17-09-0000-240 0.3579 1,219.31 5,507.50 515.40 7,242.21 0.4645 Office Site 084345-17-09-0000-250 1.2849 4.377 47 19 772.52 1,850.36 26.000.34 0.4&0\5 SA E-4 Canal Right-Of-Way 084345-17-09-0000-250 0.3640 1.240.09 5.601.37 524.19 7.365.65 0.4645 Office Site 084345-17-09-0000-260 1.2801 4.361 11 19 698.65 1.843.44 25.903.21 0,4645 . , E-4 Canal Righi-Of-Way 084345-17-09-0000-260 0.3626 1.235.33 5.579.82 522.17 7,337.32 0.4645 ~" Office Site 084345-17-09-0000-270 1.2052 4 1 05.94 18.546.06 1 735.58 24,367.59 04645 " :-4 Canal Right-Or-Way 084345-17-09-0000-270 0.3515 1197.51 5 409.01 506.19 7 112.71 04645 'I 1 OWee Sire 084345-17-09-0000-280 1.3172 4467.51 20.269.56 1.896.87 26.653.94 04645 A E-4 Canal Right-Ot-Way 084345-17-09-0000-280 0.4314 1 469.72 6.63B.54 621.25 8.729 51 04645 Ollice Site OB4345-17-09-0000-290 2.2455 7.650.09 34.554.58 3,233.70 45.438.37 04645 "- E-4 Canal Righl-Ot-Way 084345-17-09-0000-290 0.7747 2,639.29 11,921.37 1 115.63 15,676.29 0.4645 Oltiee Sile 084345-17-09-0000-300 2.9335 9.994.01 45 loll 78 4.224 47 59.360.26 0,4645 Office Site 084345-17-09-0000-310 2.2694 7731.51 34.922.37 3.268.11 45.921.99 04645 Office Site 064345-17-09-0000-320 2.7872 9 495.58 42.890.46 4,013.79 56,399.83 0.4645 Ollice Site 084345-17-09-0000-330 2.43:54 8.297.05 37476.84 3.507 17 49.281.05 0,4645 "- Ollice Site 084345-17-09-0000-341 3.7338 12.720.51 57 457.09 5.376.96 75.554.57 04645 3 :lIIice Site 084345-17-09-0000-342 4.0433 13.774.93 62.219.80 5.822.67 81.817.39 0.4645 ::: Olfice Slle 084345-17-09-0000-343 6.5808 22,4 I 9.82 101.267 78 9 476.87 133,16447 0.4645 Ollice Site 084345-17-09-0000-350 2.1385 7.2B5.56 32.90B.03 3.079.61 43.273.19 0.4645 Ollice Site 084345-17-09-0000-360 3.5862 12.217.66 55.185.77 5.16441 72.567.B4 0.4645 Ollice Sile 064345-17-09-0000-370 2.2262 7.584.3-4 3-4.257.59 3.205.90 45.047.B3 0.4645 Ollice Site 084345-17-0B-0000-390 3.6039 12.277.96 55.458.15 5 189.90 72.926.00 0.4645 Ollice Site 084345-17-08-0000-400 3.8997 13.285.71 60.010.03 5,615.87 78,911.61 0.4645 A R&O Sire 084345-17-10-0000-411 2.4 112 6.845.50 32.15718 3,472.32 42.475.00 0.4044 3 R&O Site 084345-17-10-0000-412 2.3999 6.813.42 32.006.48 3.456.04 42.275.94 0.4044 ::: Industrial Site 084345-17-10-0000-413 2.4000 5.905.21 32.007.81 3.456.19 41.369.21 0.3957 A Industrial Site 084345-17-10-0000-421 2.3922 5.886.02 31.903.78 3.444.95 41.234.76 0.3957 3 Industrial Site 084345-17-10-0000-422 2.6909 6.620.97 35.887 42 3.875.11 46.383.50 0.3957 Industrial Site 084345-17-10-0000-430 8.1733 20110.45 109.003.93 11 nO.19 140.884.57 0.3957 A C-16 Canal Right-Ot-Way 084345-17-10-0000-430 0.2905 71478 3.874.28 418.34 5.007 40 0.3957 Industrial Site 084345-17-10-0000-440 7.0761 17 410.78 94.371.02 10.190.14 121.971.94 0.3957 A C-16 Canal Right-Ol-Way 084345-17-10-0000-440 1 .8358 4.517.00 24 483.31 2.643.70 31.644.00 0.3957 A Industrial Site 084345-17-10-0000-451 1 7945 4415.38 23.932.51 2.584.22 30,932.10 0.3957 3 Industrial Site 084345-17-10-0000-452 2.2929 5.&4 I .69 30.579.46 3.301.95 39.523. 11 0.3957 ::: C-16 Canal Right-Ot-Way 084345-17-10-0000-452 1.3512 3.324.63 18.020.40 1,945.83 23.290.86 0.3957 ,A Industrial Site 084345-17-10-0000-461 2.0528 5.050.93 27.3n.35 2.956.19 35.384 46 0.3957 A Industrial Site 084345-17-10-0000-471 1.3903 3 420.84 18,5-41.86 ,2.002.14 23.964.84 0.3957 '3 Industrial Site 084345-17-10-0000-472 0.8641 2.126.12 11.524.14 1.244.37 14.894.64 0.3957 A Industrial Site 084345-17-10-0000-481 1 4811 3.&44.25 19.752.82 2.132.90 25.529.97 0.3957 3 Industrial Site 084345-17-10-0000-482 1 4811 3.544.25 19.752.82 2.132.90 25.529.97 0.3957 ~ Industrial Site 084345-17-10-0000-483 2.3697 5.830.66 31.603.71 3,412.55 40.846.92 0.3957 >~ Industrial Site OB4345-17-10-0000-490 4.6887 11.536.57 62.531.26 6752.09 80.819.92 0.3957 A C-16 Canal Right-Ot-Way 084345-17-10-0000-490 1.0274 2.527.92 13.702.01 1 479.54 1770947 0.3957 "- Industrial Site 084345-17-10-0000-501 1 4149 3.481.37 18.869.94 2.037.57 24.388.87 0.3957 3 Industr ial Site 084345-17-10-0000-502 4.2503 10.457.89 56.684.50 6.120.76 73.263.15 0.3957 ::: C-16 Canal Right-Ot-Way 084345-17-10-0000-502 1 1617 2.858.37 15.493.11 1.672.94 20,024 42 0.3957 ::; C-16 Canal RighI-Or-Way 084345-17-06-0000-513 1 4592 3.590.37 19460.75 2.101.36 25.152.48 0.3957 J Industrial Site 084345-17-06-0000-514 1.2094 2.975.74 16.129.27 1741.63 20.846.63 0.3957 Office Site 084345-16-29-0000-520 44122 15.031 72 67.896.57 6.353.91 89.282.20 0.4645 R&O Site 084345-16-29-0000-530 3.n27 10710.86 50.314.94 5 432.98 66458.79 o 4044 i'<t..O Site 084345-16-29-0000-540 3.8106 10.818.46 50.820.40 5.487.56 67 126.42 0.4044 Water Management Tract 084345-16-29-0000-540 1.3730 3,898.01 18.31113 1.977.23 24 186.37 0.4044 Industrial Site 084345-16-29-0000-560 3.0183 7426.54 40,253.82 4,346.59 52.026.95 0.3957 Industrial Site 084345-16-29-0000-570 5.8002 14.271 42 77.354.87 8.352.74 99.979.04 0.3957 Commercial Site 084345-16-30-0000-590 4.8152 98.428.09 14.819,62 6.934.26 120181.97 0.5i30 Tract A-l 1.8235 37.274.39 5612.14 2.625.98 45,512.51 0.5730 Commercial Site 084345-16-30-0000-600 6.7029 137,014.80 20.629.34 9.652.70 , 67.296.B4 0.5730 Tract A-2 084345-16-30-0000-600 1 .5309 31.293.31 4 711.61 2.204.62 38.209.54 0.5730 Commercial Site 084345-16-30-0000-610 3.&448 74.503.80 11,217.51 5.248.80 90.970.10 0.5730 Commercial Site 084345-16-30-0000-620 3.0029 61.382.65 9.241.95 4.324 oil 74.94900 0.5730 Commercial Site 064345-16-30-0000-630 3.1417 64.219.S7 9.669.13 4.524.29 78413.30 0.5730 12 -----.--------.------ Commercial Site 084345-16-30-0000-640 3.4344 70.202.99 10.569.96 4.945.80 85.718.76 0.5730 :;,1, Office Site 084345-16-33-0000-651 2.8266 9.629.81 43.496.77 4.070.52 5719710 0.4645 S Office Sile 084345-16-33-0000-652 2,4079 8.203.36 37.053.66 3 467.56 48.724,58 0.4645 011 ice Site 084345-16-33-0000-660 3.5523 12. 102. I 7 54.664 I I 5.115.59 71.88 1.86 o 4645 A Olliee Site 084345-16-33-0000-671 2.4452 8.330.44 37.627.64 3.521.28 49479.36 0.4645 a OUiee Site 084345-16-33-0000-672 1.8844 6419.88 28.997.84 2.713.68 38.13140 0.4645 :: Olfice Site 084345-16-33-0000-673 2.0112 6 851.86 30.949.0~ 2.896.28 4C 697.24 04645 A R&D Site 084345-16-30-0000-681 2.0592 5.846.16 27462.70 2.965.41 36.274.27 0.4044 S Rt.D Site 084345-16-30-0000-682 1.5444 4.384 62 20.597.03 2.224.06 27.205.70 o 4044 Industrial Site 084345-16-33-0000-690 3.6036 8 866.68 48.059 73 5. 189 47 62. I 15.87 0.3957 Industrial Site 084345-16-33-0000-700 3.6036 8.866.68 48.059 73 5.t89.47 62. I I 5.87 0.3957 Industrial Site 084345-16-33-0000-720 5.4569 13426.73 72.776.42 7.858.36 94.061.52 0.3957 to. Industrial Site 084345-20-25-0000-731 2.6555 6.533.87 35,4 I 5.31 3.824. 13 45,773.31 0.3957 a Industrial Sittl 084345-20-25-0000-732 1.9221 4 729.34 25.634.25 2,767.97 33,131.57 0.3957 Industrial Site 084345-16-31-0000-740 2.7122 6.673.38 36.171 49 3,905.78 46,750.65 0.3957 Industrial Site 084345-16-31-0000-750 3.0238 7 440.08 40.327 17 4,354.51 52,121 76 0.3957 Industrial Site 084345-16-31-0000-760 3.4327 8,446.18 45,780.50 4.943.36 59 170.04 0.3957 Industrial Site 084345-16-31-0000-770 3.2799 8.070.21 43.742.67 4 723.31 56.536.20 0.3957 Industrial Site 084345-16-31-0000-780 2.5375 6,243.53 33.841.59 3.654.20 43.739.32 0.3957 Industrial Site 084345-16-31-0000-790 4.0760 10.029.02 54.359.93 5.869.76 70.258.71 0.3957 PCD/Olliee Site 084345-16-34-0000-800 3.9185 13.349.76 60,299.33 5 642.95 79.292.03 0.4645 PCO/Office Sile 084345-16-34-0000-810 4.1561 14 159.22 63.955.60 5.985.1 I 84.099.94 0.4645 PeD/Office Site 084345-16-34-0000-820 5.8586 19,959.39 90154.30 8.436.84 I I 8,550.54 0.4645 Office Site 084345-16-32-0000-830 4.2257 14,396.34 65.026.63 6.085.34 85,50B.31 0.4645 Olliee Sile 084345-16-32-0000-B40 3.4646 I 1,803.39 53,314.55 4.989.29 70 107.23 0.4645 Ollice Site 084345-16-32-0000-850 3.44 I 9 I I 726.05 52.965.23 4.956.60 69.647.88 0.4645 R&D Site 084345-16-32-0000-860 3.2592 9,253.01 43 466.60 ;: .693.50 57413.12 0.4044 R&D Site 084345-16-32-0000-880 3.0562 8,676.69 40.759.28 4 401 17 53.837 13 0.4044 3 Rt.D Sile 084345-16-32-0000-892 3.9960 I I .344.82 53.293.00 5.754.55 70.392.38 0.4044 R&D Site 084345-16-32-0000-901 11.371 I 32,283.06 151.651.67 16.375.27 200.310.00 0.4044 Office Site 084345-16-32-0000-840 6.6503 22.656.60 102.337.28 9.576.95 34.570.83 0.4645 iota Is 300.7306 31.3928 $1493.030.11 $4 479.090.32 $478,283.61 $6.450404.04 1 3 RATIOS AND CALCULATIONS BASED ON TOTAL PAR AMOUNT Size of Bond Issue $58,005,000 0/0 of Par Amount Attributable to Roads % of Par Amount Attributable to Drainage % of Par Amount Attributable to Water and Wastewater 23 15% 69 44% 741% Par Amount Attributable to Roads Par Amount Attributable to Drainage Par Amount Attributable to Water and Wastewater $13426013 $40,278,040 $4 300 946 Water and Total Roads Drainage Wastewater Assessment Land Use (VMTs per acre) (DRUs per acre) (ERUs per acre) Per Sq Ft. Commercial 108 03 1 $5 1525 Office 18 1 5 1 $4 1773 Research & Development 15 1 3 1 $3 6366 Industrial 13 1 3 1 $3 5584 VMTs = Vehicle MileslTrip DRUs = Drainage Residential Units ERUs = Equivalent Residential Units I. ROAD ASSESSM ENTPER VMT :CALCULA TION Land Use Acreage VMTs Commercial 28.0963 3034 4004 Office 1 64 7032 2964 6576 Research & Development 39 0535 585 8025 Industrial 100.2704 13035152 Total 332.1234 7888.3757 Par Amount Attributable To Roads $13 426,013.44 Par Amount Attributable To Roads - Per VMT $1,702.00 DRAINAGE ASSESSMENTPERDRUCALCULA TION Land Use Acreage DRUs Commercial Office Research & Development Industrial 28 0963 1 64 7032 39 0535 1 00 2704 8 4289 247 0548 50 7696 130 351 5 Total 332.1234 436 6048 Par Amount Attributable To Drainage Par Amount Attributable To Drainage - Per DRU $40,278,04032 $92 252.87 111 WATER AND WASTEWATER ASSESSMENT PER ERU CALCULATION I Land Use Acreage Commercial Office Research & Development Industrial 28 0963 164 7032 39 0535 100 2704 Total 332.1234 Par Amount Attributable To Water and Wastewater Par Amount Attributable To Water and Wastewater - Per ERU 15 ERUs 28 0963 164 7032 39 0535 100 2704 332.1234 $4,300,946.24 $12,949 84 16 26A E-4 Canal Righl-or-Way 084345-17-09-0000-260 0.3626 11 108.61 50 176.33 4.695.61 65.980.56 4 1-' 27 OUice Site 084345-17-09-0000-270 1 2052 36.922.50 166.n473 1560715 219.304.38 4 177 27A E-1 Canal Righl-or-Way 084345-17-09-0000-270 0.3515 10 768.55 48.640.32 4.551.87 63.960.75 4 17- 28 OUice Sile 084345-17-09-0000-280 1.3172 40.353.73 182.273.21 17.057.53 239 684 48 4 17i 28A E-4 Canal Right-Ot-Way 084345-17-09-0000-280 0.4314 13.216.37 59.696.83 5.586.56 7849976 411' 29 OUice Site 084345-17-09-0000-290 2.2455 68793.13 310.73072 29.078.87 408.602.72 41T 29A E-4 Canal Right-Ot-Way 084345-17-09-0000-290 0.n47 23.733.71 107.202.44 10.032.24 140.966.39 4 177 30 OUice Sile 084345-17-09-0000-300 2.9335 89.870.69 405.935.67 37.988.37 533.794 73 4 1 7~ 31 OUice Site 084345-17-09-0000-310 2.2694 69.525.33 314.037.98 29.388.38 412.95 68 4 177 32 OUice Sile 084345-17-09-0000-320 2.7872 85.388.65 385690.78 36.093.81 507 173.23 4 177 33 OUice S,:e 084345-17-09-0000-330 2.4 354 74 610.90 337.008.94 31.538.05 443 157.90 4 177 34A OUice Sile 084345-17-09-0000-341 3.7338 114.388.68 516.680 63 48.352.13 679 421 43 4 177 34B Oftice Site 084345-17-09-0000-342 4.0433 123.870.52 559.509.02 52.360.10 735.739.64 41'" 34C Office Site 084345-17-09-0000-343 6.5808 201.609.36 910.646.49 85.220.33 1 197476.18 4 Hi 35 Office Site 084345-17-09-0000-350 2.1385 65.515.08 295.924 13 27 693.24 389 132,45 4 7i 36 Ollice Site 084345-17-09-0000-360 3.5862 109.866.81 496.255.64 46 440.73 652.563.38 .4 " 37 Office Site 084345-17-09-0000-370 2.2262 68.201.85 308.059.99 28.628.94 405.090.79 4 17- 39 Oftice Site 064345-17-06-0000-390 3.6039 110 409.06 498.705.15 46 <;69.94 655.784.16 41'" 40 OUice Sile 084345-17-06-0000-400 3.8997 11947119 539.63775 50.500.51 709.60945 417" 41A R&D Sile 084345-17-10-0000-411 2.4112 61.557.93 289172.14 31.22466 381.954 73 3.63E 418 R&D Site 084345-17-10-0000-412 2.3999 61.269.44 287.816.95 31.078.33 38016472 3.63! 41C Indusllial Site 084345-17- 0-0000-413 2.4 000 53.102.39 287.828.94 31.079.63 372.010.96 3.55! 42A Industrial Site 084345-17-10-0000-121 2.3922 52.929.81 286.893.50 30.978.62 370.801.92 3.SSf 429 Indusllial Site 084345-17-10-0000-122 2.6909 59.538.84 322.716.21 34.846.74 41710179 3.55, 43 Industrial Site 084345-17-10-0000-430 8.1733 180.842.4 1 980.213.45 105.842.96 1.266.898 E2 3 55, 43A C-16 Canal Right-Ol-Way 084345-17-10-0000-430 0.2905 6427.60 34.839.29 3.761 93 45.026.83 3.55! 44 Indusllial Site 084345-17-10-0000-140 7 0761 156.565.n 846.627.65 91.634.39 1.096.627.81 3 55f 44A C-16 Canal Right-Ol-Way 084345-17-10-0000-140 6358 40 618.90 220 165.15 23 773.32 284.557.38 3 55~ 45A Industrial Site 084345-17-10-0000-451 1 7945 39 705.10 215.212.10 23.238.50 278.155.69 3551 45B Industrial Site 084345-17-10-0000-152 2.2929 50.732.70 274.984.57 29.692.70 355 409 97 3.55l 45C C-16 Canal Right-Ot-Way 084345-17-10-0000-452 1.3512 29.896.65 162.047.69 17 497.83 209 442.17 3.55. 46A Industrial Site 084345-17-10-0000-461 2.0528 45.420.25 246.189 69 26.563.44 318.193.37 3.55 47A Industrial Site 084345-17-10-0000-471 1.3903 30.761 n 166.736.91 1800417 215.502.85 3.55 478 Industrial Site 084345-17-10-0000-472 0.8641 19 119 07 103.630.4 1 1 1 189 96 133.93945 3.55 48A Industrial Site 084345-17-10-0000-481 1 4811 32.nO.81 1 n.626.44 19 180.01 229.577.25 3.55 48B Industrial Site 084345-17-10-0000-482 1 4811 32.770.81 177.626.44 19180.01 229.5n.26 ~.55 48C IndUSllial Site 084345-17-10-0000-483 2.3697 52,431.97 264195.10 30 667.25 367.314.32 3.5c 49 Industrial Site 084345-17-10-0000-190 4 6867 103.742.16 562.309.62 60717.93 726769.91 3.55 49A C-16 Canal Right-Ot-Way 084345-17-10-0000-490 1.0274 22.732.25 123.214 n 13.304 67 159.251 89 3.55 50A Industrial Site 084345-17-10-0000-501 1 4149 3 .306.07 169.667 15 16.322.73 219.315.96 3.55: 508 Industrial Site 084345-17-10-0000-502 4.2503 94.042.12 509.733.06 55.040 72 658,815.91 3,55, .... ... - 60 Commercial Site 064345-16-30-0000-600 6.7029 1.232.100.08 185.506.52 86.801.51 1.50441011 5. Tract A-2 084345-16-30-0000-600 1.5309 281 403.57 42.368,97 19.524 92 343.597 76 5. 61 Commercial Sile 084345-16-30-0000-610 3.6448 669.972,46 100.872.97 47 199.59 818.045,02 5, 62 Commercial Sile 084345-16-30-0000-620 3.0029 551.980.96 83.107.84 38.887.09 673.975.91 5, 63 Commercial Site 084345-16-30-0000-630 3.1417 5n 494.64 86.949.25 40684.53 70S 128.4 I 5, 64 Commercial Site 084345-16-30-0000-640 3 4344 631.297.58 95.049.97 44 474 94 nO.822.49 5. 55A Ollice Site 084345-16-33-0000-651 2.8266 86.595.70 391 142.93 36.604 03 514.342.56 4 658 Ollice Site 064345-16-33-0000-652 2.4079 73.766.41 333.203.51 31181.93 438.153.66 4 66 Ollice Site 064345-16-33-0000-660 3.5523 108.828.25 491.564.78 46.001 73 646.394 76 4. 67A Ollice Site 084345-16-33-0000-671 2.4452 74.91 I 14 336.365.06 31.66496 444.94116 .: 678 Ollice Site 084345-15-33-0000-672 1.8844 57730.47 260 761.95 24 402.69 342.895. I I 4 G7C Ollice Site 084345-16-33-0000-573 2.0112 61.615. " 278.308.45 25.044 73 365.968.29 4 68A R&O Site 084345-16-30-0000-681 2.0592 52.571.37 246.957.23 26.666.32 326.194.92 3 ~ 688 R&O Site 084345-16-30-0000-682 1.5444 39 428.53 185.217.92 19.999.74 244.646. I 9 3,; 69 Industrial Site 084345-16-33-0000-690 3.6036 79 733.24 432.175.16 46.666.06 558.574.46 3, 70 Industrial Site 084345-16-33-0000-700 3.6036 79 733.24 432.175.16 46,666.06 558.574 46 3 72 Industrial Site 084345-16-33-0000-720 5.4569 120 739.35 654 439.06 70.666.00 545.844.42 ~ 73A Industrial Site 084345-20-25-0000-731 2.6555 58.755.58 318470.73 34.388.31 4" .614.63 :; 738 Industrial Site 064345-20-25-0000-732 1.9221 42.528.38 230.515.00 24.890.90 297.934.28 ~ 74 Industrial Site 084345-16-31-0000-740 2.7122 60.010.13 325.270.69 35.122.57 420 403.38 ~. 75 Industrial Site 084345-16-31-0000-750 3.0238 66.904.59 362.640.48 39.15774 468 702.81 :: 75 Industrial Site 084345-16-31-0000-760 3.432/ 75.951.91 411.679.34 44452.93 532.084 17 3 n Industrial Site 084345-15-31-0000-770 3.2799 72.571.06 393.354.23 42,474 19 508.39948 ~ 78 Industrial Sile 084345-16-31-0000-780 2.5375 56.144.72 304.319.14 32.860.23 393,324 09 ~ 79 Industrial Site 084345-16-31-0C~J-790 4.0760 90.185.56 488.829.49 52.783.56 631 795.61 ~ 80 PCO/Olliee Site 084345-16-34-0000-800 3.9185 120.04715 542.239.28 50743.96 713.030.39 4 81 PCO/Olliee Site 084345-16-34-0000-810 4 '561 127.326.26 575." 8.20 53.820.85 756.265.31 4 82 PCD/Oflice Site 084345-16-34-0000-820 5.8586 179 484.04 810.708.96 75.867.96 1.066.060.96 4 83 Ollice Site 084345-16-32-0000-830 4.2257 129.458.53 584 749.40 54.722.16 768.930.08 4 84 Office Site 084345-16-32-0000-840 3.4646 106141 47 479.428.92 44.866.03 630.436.42 4 85 Ollice Site 084345-16-32-0000-650 3.4419 105 446.03 476.287 71 44.572.07 626.305.81 86 A&D Site 084345-16-32-0000-860 3.2592 83.207.36 390.871 70 42.206. I 3 516.285.20 88 R&D Site 084345-16-32-0000-880 3.0562 78.024.n 366.526. I 7 39.577.31 464 126.26 898 R&D Site 084345-16-32-0000-892 3.9960 102.017.86 479.235.19 51 747.58 633.000.63 90 Rt.D Site 084345-16-32-0000-901 1'.371' 290.304 14 1 .363 721.53 147,253.97 1.601.279.64 91 Ollice Site 084345-16-32-0000-840 6.6503 203.738.56 920.263,85 86.120.35 1.210122.76 Totals 300.7306 31.3928 S13426.013.44 $40.278.040.32 S4.300.946.24 S58.005 000 00 i8 ~c )Jj) PLANNING AND ZONING DEPARTMENT MEMORANDUM NO 94-026 FROM Carrie Parker Assistant City Manager Tambri J HeYden--p;J# Acting Planning and Zoning Director TO DAIT'IE January 18, 1994 SUBJECT Quantum Park Community Development District (CDD) Comments regarding inter local agreement Please be advised of the following planning and Zoning Department comments with respect to your December 14, 1993 request regarding comments on the draft Quantum Park CDD interlocal agreement 1 PaGe 2. Section 2 and PaGe 3. section 3 - Although this is not a planning and zoning matter, I thought the entire water distribution system and sanitary sewer distribution system were owned by the City after adoption of a resolution for City acceptance of infrastructure and accompanying bond reduction I thought such a resolution for Quantum Park had been adopted by the City Commission, although possibly the resolution that was adopted was for partial bond reduction It is probably best if the Utilities Department comments on and confirms this 2 PaGe 3. Section 4 It is suggested that the sentence referencing the development order be expanded to include a reference to Ordinance 84-51 which approved the Quantum Park development order with conditions and that the condition for maintenance of the sand pine preserve areas be referenced as section 4 (6) and the condition for maintenance of the wetlands and littoral zones be referenced as section 4 (9) and (10) 3 PaGe 4. Section 4 - Unless it is felt that it is necessary to go into detail regarding the design of the landscape buffer (peripheral greenbelt), I would prefer that statements regarding land use vs zoning as it relates to applicabili ty and location of the greenbelt (Provision 1), number of plants to be provided and the size and spacing (Page 5 of Provision 3), sod vs seeding (Page 6 of Provision 3) and building setbacks when there is a canal easement referred to as "green space easement" in the agreement (Page 6 of Provision 4) be deleted The City Manager, myself, Mike Haag and Kevin Hallahan have been working with Paul Smith so that he may submit the master plan modification that was required by Commission when Southeast Atlantic Distribution Center (Canada Dry) was approved Some new information regarding the canal easement TU Carrie Parker .. -.::.- January 18, 1994 and FPL's easement has been presented and based on site ViSl~S to Safety Kleen and Canada Dry, Paul Smith and staff are rethinking several of the provisions referenced If you feel the greenbelt needs to be included with the proposed specificity, I have three suggestions a) the second "shall" within Provision 1 on Page 4 be changed to "may", b) the first sentence under Provision 3 on page 4 be amended to read, "Specific planting plans for a greenbel t buffer on a particular lot shall be " c) references Provision easements" Park plats to "green space easements" under 4 on Page 6 be changed to "canal as referred to on the recorded Quantum 4 Two typographical errors are noted in Section 4 on Page 7 - "asses" should be "assess" and "owners" should be "owner" 5 Is reference in Section 5 on Page 8 to Quantum Place really Quantum Lane? 6 Does the sentence under Section 5 on Page 8 that says the City of Boynton Beach owns, operates and maintains N W 22nd Avenue (reference aka Gateway Boulevard) contradict the first sentence on the top of Page 7, ::iection 3 - "The right-of-way and median areas on N W 22nd Avenue and High Ridge Road are public areas dedicated to Palm Beach County and the City of Boynton Beach respectively"? could further clarification on this long-debated issue be beneficial? tjh xc Central File A <,JuanCDD 0cf~ o~ MEMORANDUM NO 103C TO Jim Cherof, City Attorney Tambri Heyden, Acting Planning Director John Guidry, utilities Director Charlie Fredericks, Recreation & Park Director FROM Carrie Parker Assistant City Manager December 14, 1993 DATE SUBJECT QUANTUM COMMUNITY DEVELOPMENT DISTRICT (CDD) Quantum has requested a specific agreement to cover the outstanding issues with regard to the transfer of ownership from the Property Owners Association to the CDD Board, or to the City once the CDD Bonds are sold I have prepared a draft agreement consolidating my infor- mation on the outstanding issues (other than the DOT/County road impact fee payments), and a proposed method of transfer and maintenance Please review this draft and forward any suggested changes or comments or additions on anything I may have omitted, to me by Tuesday, January 18, 1994 Thanks ~~ 00 rn @ rn n \'IJ rn 00 Carrie Parker Assistant City Manager DEe I 5 19m CP jb emc. Attach PLANNING AND ZONING DEPT. DRAFT INTERLOCAL AGREEMENT section 1 Purpose On July 16, 1991, the City Commission of the City of Boynton Beach created the Quantum community Development District by Ordinance, attached as Exhibit A Prior to the creation of the CDD, the property was developed as a City Planned Industrial Development (PID) under State of Florida Development of Regional Impact (DRI) requirements. During time period from the DRI final approval in 1984 and the creation of the CDD in 1991, various modifications, clarifications and concerns arose with regard to the ownership and maintenance of infrastructure improvements These were addressed before the Boynton Beach City Commission at a variety of meetings resulting in additional conditions or clarifications to the original development order The purpose of this inter local agreement is to consolidate those clarifications into one document and provide a framework for the Community Development District to address the ownership and maintenance responsibilities of the infrastructure contained in the Quantum Industrial Park Section 2 Water Distribution System Water mains have been installed along District roadways to provide potable water and fire protection service to the District's landowners The mains are connected to the existing system owned and operated by the City of Boynton Beach at four locations around the District perimeter Connections to the City of Boynton Beach's system are at Congress Avenue, High Ridge Road 1 DRAFT and on the south side of the C-16 canal, at the intersection of Northwest 13th Avenue and Northwest 7th Street. This latter connection includes an aerial crossing over the C-16 canal. The water mains comprise 16 inch, 10 inch, 8 inch and 6 inch ductile iron pipe, with provisions for connection to development parcels via 6 inch service stubs extending to the property lines, totalling approximately 34,000 linear feet of water main The system has been inspected and approved for service by the Palm Beach County Health Unit and the City of Boynton Beach. Within. '~^nA~ three (3) business days, upon closing of the bond issue, A~4/V"y ~ownership of the entire water distribution system will be ~ . transferred at no cost, to the City of Boynton Beach by the CDD Such transfer of ownership shall not be considered a sale of the system under the provisions of Florida Statutes 190.0125. The system shall from that point forward, in perpetuity, be the property of the City of Boynton Beach who will be responsible for operation and maintenance of said system. Transfer shall be by Warranty Deed. Section 3 Sanitary Service System A sewage collection system for the Park has been installed and consists of approximately 23,000 linear feet of vitrified clay gravity sewer pipe, 100 manholes, and 8,500 linear feet of ductile iron pipe force main There are three on-site lift stations, Lift Station #1 located on Plat #3, Lift Station #2 located on Plat #6, and Lift Station #3 located on Plat #5 and one off-site lift station, Lift Station #4 located on plat l-A 2 DRAFT The system has been inspected and approved by the Palm Beach County Health Department and the City of Boynton Beach. The of Boynton Beach currently owns Lift Station 11 per the plat City ^"d/ /"" ~ {IJV"'"' I dedication. Within three (3) business days, upon closing of the bond issue, ownership of the entire sanitary sewer collection system, including Lift Stations #2, #3, and *4 will be transferred to the City of Boynton Beach at no cost, by the COD. Such transfer of ownership shall not be considered a sale of the system under the provisions of Florida Statutes 190.0125 The system shall from that point forward, in perpetuity, be the property of the City of Boynton Beach, who will be responsible for operation and maintenance of said system Transfer of the system shall be by warranty deed section 4 Parks and Landscaping Two large parcels of land have been permanently set aside as preserves, according to the Development Order for the Park. As such, a carefully planned and executed program for relocation and monitoring of rare species of native fauna was implemented during the construction phase of the project The preserve areas total approximately 40 acres. The maintenance of these properties shall be the responsibility of the Community Development District in perpetuity Additionally, several areas of pre-existing wetlands were identified and improved during the planning and construction phases The maintenance requirements are more fully r~ ~described in Development Orders #9 and #lO Future improvements '~~\ to be undertaken by the la~downer (as sales of the affected ~~J <d), 3 / i< ~ ~ i'rll I _ ~ Ie v 'iJ V\ / ~~ 1) Ki\1fr 1 w ~ parcels occur) will include construction of a landscape buffer area according to the following provisions: 1 ^~ /' {Vi). ~ Whether a greenbelt buffer is required, will be determined ~d use not zonin~ An industrial use, office use, R&D use, or commercial/retail use within Quantum Park that abuts a residential use outside Quantum Park shall have a forty foot wide greenbelt buffer separating such uses from adjacent residential uses An industrial use, office use, R&D use, or commercial/retail use within Quantum Park that abuts any of the same uses outside Quantum Park shall have a twenty-five foot greenbelt buffer between the uses. 2. All buffers shall be measured from Quantum Park Perimeter Property lines inward and water~ included as an acceptable part of such buffers. Whenever necessary, the buffer dimensions shall be increased such that a minimum of twenty feet of earth is provided in a continuous fashion Such areas shall be Rlan_ted in accordance with number 3 below. tL '(}{JAj-~.b-o- /7'5t- 3. __~nting plans for ~greenbelt bUffer/Shafi be submitted to the City of Boynton Beach for approval when development plans for the adjoining buffered area are submitted Planting within the buffer shall be the responsibility of Quantum Associates, but at sometimes may be contractually delegated to the adjacent property developer Plantings of the buffer shall be completed 4 DRAFT prior to the Certificate of Occupancy being issued on the buffered property In addition to Boynton Beach Landscape Requirements, as amended from time to time, the number of plants/trees to be provided shall be based upon perimeter frontage For each twenty-five feet that a parcel either fronts on or contains a perimeter greenbelt buffer, four additional shrubs, three foot, six inches in height at the time of planting, shall be required and one additional tree, with a minimum two and one half inch caliber, twelve foot, zero inches minimum height and eight foot, zero inch diameter minimum canopy, at the time planting, shall be required Such additional landscape materials shall be placed between the rear of the development and the first twenty feet of greenbelt buffer area, measured from the boundary of the development parcel. Placement shall be determined based upon input from the Quantum Park Design Review Committee and the City of Boynton Beach (as part of the site plan review), and the requirements and restrictions of the South Florida Water Management District, Lake Worth Drainage District, and Florida Power and Light. Any permits required for landscaping within the South Florida Water Management District easement areas shall be acquired by Quantum Associates 5 UR1\J:4Yl' minimum of twenty feet width of greenbelt buffer shall receive sod, and the balance of the land area shall be shaped and seeded to provide a completely finished appearance Maintenance of greenbelt buffer areas shall be th~sponsibility of the underlying property owner. Landscaping within the greenbelt buffer shall be irrigated by a broadcast irrigation system placed along the property line of the adjacent development parcel, and the installation and ~~ maintenance shall be the responsibility of such' parcel's owner 4 Parcels owned by Quantum Associates, QRA, Inc or the Quantum Community Development District, may have~ ~ placed upon them that are dedicated to adjacent development parcel. In such instances, it by Quantum Associates and the City of Beach that building setbacks shall be measured boundary lines rather than the property lines of the development parcel In those instances where parcels have green space easement adjacent to a canal, the building setbacks shall be measured from the top of the canal bank. Landscape maintenance shall be th~~sponsibility of the ^ underlying property owner with the exception of the medians on N.W. 22nd Avenue and High Ridge Road 6 DRAFT The right-of-way and median areas on N.W. 22nd Avenue and High Ridge Road are public areas dedicated to Palm Beach County and the City of Boynton Beach respectively~ The maintenance of the landscape medians and irrigation systems and the public rights-of-way along these two roadways within the boundaries of Quantum Industrial Park shall be th~esponsibility of the CDD It is contemplated that N.W. 22nd Avenue will be widened in the future to a six (6) lane section. At such time as N W 22nd Avenue is so widened, the curbing and landscaping located within the public right-of-way shall be removed by the CDD at the District's expense section 4 Street Lighting ~ Street lighting is provided to all streets in the District rt~Maintenance and repair of all street lights, including the street lighting on High Ridge Road and N W 22nd Avenue within the boundaries of the District is the responsibility of the CDD In the event that the CDD fails to repair or maintain the street lighting on N.W. 22nd Avenue and/or High Ridge Road (north of N.W 22nd Avenue) the City has the right to repair the street lights and asse~the cost to the CDD If the CDD fails to make payment, the City shall assess each property ownerrhis proportionate share of the payment obligation as defined in Section 10.2 of the Declaration of Protective Covenants of the Property OWners Association Section 5 Arterial and Internal Roadways 7 DRAFT various roadways have been constructed to service the district's transportation needs na~oadways that service the ~:..,~10- :"'\ District are N.W. 22nd Avenui' Quantum BO~~d, High Ridge Road north, High Ridge Road south, ~antum p~ Park Ridge '----- ~"7 Boulevard, Alpha Drive, Beta Drive and~fitum Lakes Driv~)J These roadways total approximately 25,350 linear feet of 4-lane turns and 1,600 linear feet of 2-lane roadways The City of Boynton Beach owns, operates and maintains N W 22nd Avenue High Ridge Road north of N.W. 22nd Avenue, pursuant to plat dedication and ownership transfer from Palm Beach County Therefore, the District will be acquiring, owning and maintaining 14,400 linear feet of 4-lane road and l,600 linear feet of 2-lane road Section 6 Water Management System The water management system includes (l) swales, inlets and pipes within road rights-of-way and easements, (2) interconnected man-made lakes, and (3) outfalls in three locations to the Lake Worth Drainage District E-4 canal Excess stormwater from individual lots is collected after on-site dry retention pre- treatment. Drainage pipe stubs connecting to the road drainage system are provided to each lot for this purpose Approximately 30,000 linear feet of reinforced concrete and corrugated metal pipe and 150 inlets, manholes and control structures are included in the water management system The City of Boynton Beach is responsible for maintaining only the portions of this system located within the pUblic right-of-way for N W 22nd Avenue and 8 DRAJ:4~l' High Ridge Road north. The CDD shall be responsible for the ~p.t~ operation anoAmaintenance of the remainder of the system. Section 7 General Conditions The Community Development District shall provide to the City proof of authorization to assume all of the duties of the Property OWners Association as set forth in the Declaration of Covenants for Quantum Industrial Park This interlocal agreement does not represent all of the development order terms and conditions located in various other ordinances, City Code or other regulatory documents The City of Boynton Beach shall enforce all other terms and conditions of the various development order with Quantum Associates 9 ~""";. . VI. LEGAL A.I cc: Planning MEMORANDUM No 91-183 July 10, 1991 FROM J Scott Miller, City Manager C"fl/t. ( 'lCv2- James A Cherof, City Attorney J- Quantum Community Development District Ordinance 091-48 TO: RE Attached is a copy of Revised Ordinance No 091-48, which incorporates certain changes which were approved at First Reading on July 2, 1991 The changes are located in the first "Whereas" clause, in No 3 of the fifth "Whereas" clause and in Section 3, and have been underlined for your reference JAC/ras Enc Rev 7/9/91 ORDINANCE NO 091- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING THE QUANTUM COMMUNITY DEVELOPMENT DISTRICT; ESTABLISHING THE BOUNDARIES OF THAT DISTRICT; APPOINTING THE INITIAL BOARD OF SUPERVISORS; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE WHEREAS, on May 10, 1991, Quantum Associates, a Florida General Partnership submitted a petition to the City for the creation of a community development district for Quantum Corporate Park ("QUANTUM") in accordance with Section 190 005(2)(a), Florida Statutes; and WHEREAS, the petition which is attached hereto as Exhibit "A" and made a part hereof contains the information required in Section 190 005(1)~, Florida Statutes; and WHEREAS, a public hearing on the petition was conducted by the City Commission on May 28, 1991 at City Hall in accordance with the requirements of Sections 190.005(2) (b) and 190 005 (l)(d), Florida Statutes; and WHEREAS, the City Commission has reviewed the six (6) factors set forth in Section 190 005(1)(e) and the record of the public hearing held on May 28, 1991 in making its determination as to whether to grant or deny the establishment of the Quantum Community Development District; and WHEREAS, the City Commission has determined that 1 That all statements contained within the Petition have been found to be true and correct 2 That the creation of the District is not inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan Rev 7/9/91 3 That the land within the proposed District is of sufficient size, sufficiently compact and sufficiently contiguous to be developable as one functional interrelated community 4 That the creation of the District is the best alternative available for delivering the community development services and facilities to the Quantum Corporate Park 5 That the proposed services and facilities to be provided by the District are not incompatible with the capacity and uses of existing local and regional community services and facilities 6 That the area identified in the Petition is amenable to be included in the proposed District; and WHEREAS, the City Commission has determined that the creation of the Quantum Community Development District would be consistent with the criteria for community development districts as set forth in the Uniform Community Development District Act of 1980, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1 Each whereas clause set forth above is true and correct and herein incorporated by this reference Section 2 In accordance with the provisions of Chapter 190, Florida Statutes, the City Commission of the City of Boynton beach, Florida hereby establishes a community development district as follows CREATION AND NAME There is hereby created a Community Development District to be known as the QUANTUM COMMUNITY DEVELOPMENT DISTRICT BOUNDARIES OF DISTRICT The land area to be served by the District comprises approximately 504 acres It is located east of Congress Avenue immediately west of Interstate 95 and south of Miner Road A map showing the location of the land area to be serviced by the District is attached as Rev 7/9/91 i i' I Composi te Exhibit "B" All of the land in the proposed District is within the City of Boynton Beach, Florida The metes and bounds legal description of the boundaries of the District is attached as Exhibit "C" BOARD OF SUPERVISORS The initial Board of Supervisors are as follows Their terms, powers and duties are as described in Chapter 190, Florida Statutes (a) R Scott Ireland 1125 N E 125th Street North Miami, Florida 33161 (b) J Berle Oster, Esquire 27 S E 24th Avenue, Ste 5 Pompano Beach, Florida 33062 (c) Steven W Deutsch 1900 S E 17th Street Ft Lauderdale, Florida 33316 (d) Harold C Morrison 5841 Margate Boulevard Margate, Florida 33063 (e) Philip R Augustyn 1900 S E 17th Street Ft Lauderdale, Florida 33316 Section 3 The Board of Supervisors shall have only such powers as set forth in Florida Statutes 190 011 and 190 012 Section 4 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed Section 5 Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance Section 6 Authority is hereby granted to codify said ordinance Section 7 This ordinance shall become effective immediately upon passage FIRST READING this day of , 1991 Rev 7/9/91 SECOND, FINAL READING and PASSAGE this day of , 1991 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST City Clerk (Corporate Seal) QUANTUM CDD REV 7/2/91 QUANTUM ASSOCIATES .,. Transmitted Via Facsimile July 5, 1991 Ms. Carrie Parker Assistant City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 RECEIVED JULIO 1991 CITY MANAGER'S OFFICE Re: Ouantum Community Development District Dear Carrie: After listening to the comments made at the first reading of our proposed Ordmance, I felt it appropriate to respond to the points raised. 1. Financial Viability. We feel that the economic model and the studies provided by Dr Henry Fishkind, as well as the Goodkin Research report, confirm the financial viability of the District and Its intended purpose. It is our intent over the next two weeks to demonstrate the practical applicability of the economic program prepared by the professionals. We have no doubt that we will be able to show that the result of creating the CDD and the issuance of the appropriate bonds will be a lowering of the purchase price and an acceleration of sales within Quantum Corporate Park. 2. Certification of Petition. Chapter 190.005(1)(a)(6) provIdes that the cost "estimates shall be submitted m good faith but shall not be binding and may be subject to change" The City is not bemg asked to certify the costs submitted. As set forth in Chapter 190, that task will fall upon independent engineers, appraisers, etc., after the District IS created. 3. Reduction in Ad Valorem Taxes to the City. While removing the proposed property from the tax rolls will result in a loss of approximately $1,800 per year to the City, during the first full year of the CDD's existence (according to the Goodkin Research report), the City will receive an additional $63,000 in property tax revenues and an additional $3,000 in sales tax revenues. This does not take into account approximately $60,604 in additional building permit fees and an additional MAILING ADDRESS: P.O. BOX 21703, FORT LAUDERDALE, FLORIDA 33335-1703 1900 SOUTHEAST 17TH STREET CAUSEW A V, FORT LAUDERDALE, FLORIDA JJJI6 (305)763-8888 · FAX (305)763-8996 Ms. Carrie Parker July 5, 1991 Page Two $12,000 of water and sewer fees collected by the City during the first full year of the COD's existence. As set forth in the Goodkin Research report, these added revenues to the City are compounded over the next ten years. This is further addressed in paragraph 7 of this letter 4 Market Comoetition. Aside from your own independent confirmation of the market, we have provided a market survey showing what our competitIon is asking and receiving for similar properties. Moreover, both Goodkin Research and Dr Henry Fishkind have prepared absorption schedules showing accelerated absorption upon price reduction. I have also submitted to you copies of letters from reputable brokers local to the community who have stated that upon lowering our price, Quantum will be most competitIve. 5 Another Governmental Entity. To respond to this point, attention should be focused on Florida Statute 190.002, entitled "Legislative Findmgs, PoliCIes and Intent" In that section, the legIslature stated "that independent dIstncts are a legitimate alternative method available for use by the private and public sectors, as authorized by State law, to manage and finance basic seTVlces for community developments." Moreover, the legIslature further stated, "It is in the public mterest that long range planning, management, and financing, and long term mamtenance, upkeep and operation of basic services for community development distncts be under on coordinated entity" Considering that Chapter 190 has been in existence since 1980, and has been successfully implemented in at least 28 community development districts within the state of Florida, proves that these entities are in fact appropriate. The creation of the District should not be viewed as simply the creating of "another governmental entity" As you know, the Legislature was very careful in limIting the powers of a commumty development distnct in Chapter 190 and the creation of the district is a way that this present Commission of the City of Boynton Beach can be assured that the long-range planning, management, and financing, and long-term maintenance, upkeep, and operation of basic services for the land exclusively with Quantum Corporate Park will be provided for in perpetuity regardless of any developer or landowner and without any risk or expense to the City Ms. Carrie Parker July 5, 1991 Page Three 6. Future Commissions' Actions. While none of us has a crystal ball with which to predict future City Commission actions, I submit that there is no rational basis for a future City Commission to take on the responsibility of an existing community development district. In fact, the legislature, in drafting Chapter 190, was very careful to require that a community development district petition to either contract or expand its boundaries, which petition would be subject to the same review the City is currently undertaking. Moreover, in the event the City dId wIsh to adopt a non-emergency ordinance providing for a plan for the transfer of a community development district to itself, that plan "must provide for the assumption and guarantee of the district debt that is related to the selVice by the local general purpose government and must demonstrate the ability of the local general purpose government to provide such service." Therefore, even if a future City CommiSSIOn would decide to accept the transfer, a plan for repayment of the assessments would have to be in place prior to such actIOn being taken. No future City CommIssIon can haphazardly vote to transfer a community development district to itself. We have a great deal of faith in the electors of the City of Boynton Beach. It is inconceivable that such an action by a future Commission would ever be allowed by the taxpayors of the City of Boynton Beach. 7 Benefit to the Homeowners and the City of Boynton Beach. Though tremendous effort has been given m the investigatory process of thIS matter, little has been said about the benefits that will be achieved for the City of Boynton Beach and ultimately, the homeowner wIthin the City As we have demonstrated, and will continue to demonstrate, the purpose of this District is to Jumpstart and accelerate sales at Quantum. This will result in vertical structures being built earher than they normally would. These large commercial structures are important taxpayers who will pay substantial ad valorem tax to the City annually The sooner we get them up, the sooner those taxes will be received by the City The sooner those taxes are receIved by the City, the sooner the relief to the homeowner Instead of the tax burden falling upon the homeowner, as it presently does, the commercial structures to be built within Quantum will provide a tremendous part of the income to the City in its ad valorem tax program and indeed we believe that this is the answer to the City's fiscal solutions presently and certamly the proper one for the future. We have Ms. Carrie Parker July 5, 1991 Page Four demonstrated and given examples of other cities and counties throughout South Florida who are going way beyond simply creating a community development dIstrict in their quest to broaden the tax base. Some cities (such as Coral Springs in Broward County) are going as far as giving tax breaks to industry as an inducement to get them there because that City Commission understands that broadening a tax base for the future is the answer ultimately for the homeowner Finally, since previous meetings have dealt to some extent with our other projects and the financial position of the primary partners of Quantum, I feel it is appropnate in the spirit of those meetings to advise you of a situation that has arisen recently Two small office building projects, the Lakeside office building and a similar building in Deerfield, were financed WIth Chase Federal Savings and Loan, now known as Chase Federal Bank. (This institution, located in Miami, has no relationshIp whatsoever with Chase Manhattan Bank, the underlying lender at Quantum.) Chase Federal is apparently under great pressures from the Federal regulatory authonties as a result of their overall picture and the national savings and loan crisis. We have been in meetings with that S & L over the last few weeks and have submitted tenant leases to them for tenants who would be an asset to the respective buildings. The S & L has failed and refused to fund the tenant improvements and other matters In accordance WIth its loan documents and we, therefore, WIth great reluctance, have filed actions agamst them for both situations in the appropnate circuit court. That S & L has indicated that it has or will file an actIon calling upon guarantees and we assume that they will further file other counterclaims and retaliatory measures. Needless to say, we are outraged by the conduct of this institution and our attorneys advise us that we have a strong legal position and we will prosecute that position to reach our successful conclusion. We have been advised that such actIOns by other S & L's throughout the country and, in particular, this state, have likewise resulted in extensive litigation and resulting judgments agamst the financial institutions. Though we were and always are reluctant to take such steps, we simply felt that we had no choice in thIS matter Ms. Carrie Parker July 5, 1991 Page Five I look forward to the day when the savings and loan crisis throughout this country, resulting in situations like this, can finally be resolved so those institutions can once again be relied upon as part of our economic community Once again, I stress that this matter has-nothing whatever to do with the COD, but as I stated above, felt it appropriate in the spirit of our meetings to inform you of the necessity of having to file suit against the Savings and Loan. Once again, we would like to thank you for your cooperation. We will be In touch over the next two weeks with additional information and look forward to seeing you soon. alYYOUrs, EDWARD B. DEUTSCH EBD:dlm cc: The Honorable Mayor and City Commission Mr J Scott Miller Mr Grady Swann Mr Thomas K. Ireland Mr Melvin Simon James M. Barkley, Esquire Jesse Diner, EsqUire Mr Steven B. Deutsch Mr Philip R. Augustyn .I / .' ." QUANTUM ASSOCIATES July 9, 1991 Via Facsimile and U. S. Mail Ms. Carrie Parker Assistant City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Re: Suits Against Chase Federal Savmgs and Loan Dear Carrie: In my recent ietter, I advised you of the situation with regard to lawsuits that we fe1t compelled to file against Chase Federal Savings and Loan. Those lawsuits, and the counterclaim by Chase Federal, have been the subject of some news coverage since that time and I understand that copies of The Palm Beach Review have been forwarded to the Mayor and Commission by someone else. Needless to say, we are qUIte disturbed at the manner in which the Review wrote that story and in order to be sure that the Commission is aware of other journalist's coverage, I have enclosed herewith a copy of the article from The Miami Herald and the article from the Sun- Sentinel on the same subject. Again, I wish to point out that this matter has nothing whatever to do with the CDD and Chase Federal is a savings and loan having no relationship with Chase Manhattan Bank. Thank you for your courtesy Very truly yours, &v0-wC',{5 2)~-YEI Edward B Deutsch EBD.et Enclosures cc: The Honorable Mayor and City Commission /Mr J Scott Miller Mr Grady Swann Mr Thomas K. Ireland Mr Melvin Simon James M. Barkley, Esquire Jesse Diner, Esquire Mr Steven B. Deutsch Mr Philip R. Augustyn RECEIVED JUl 10 1991 CITY MANAGER'S OFFICE - l\ilAILlNG ADDRESS: P.O. 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Business Writer Fort Lauderdale developer Edward B. Deutsch said Monday that the next likely volley in his ongoing squabble with Miami lender Chase Federal Sav- ings Bank could be a foreclosure suit on his office building in Boynton Beach. "This will be lengthy litigation and they will probably next file foreclosure on their loan," said Deutsch. "But that will have no effect on existing tenants, nor the success of Quantum Corporate Park. Deutsch and his partner, Thomas K. Ireland, as well as Indianapolis shop- ping mall magnate Melvin Simon, are suing Chase Federal for allegedly fail- ing to comply with the original $12.5 million construction-loan agreement. Chase Federal, in turn, alleges the de- velopers have not made interest pay- ments on the loan since February It filed a loan default suit on June 26, two days after the developers filed the non- performance suit. About $5.8 million was earmarked for construction of Lakeside Commons, a 16,500-square-foot office building, the first structure in Quantum Corporate Park, a 562-acre business park at 1-95 and Northwest 22nd Avenue in Boynton Beach. Simon is a partner in Quantum Associates, developers of the business park. The remaining $6.7 million was for construction of Sawgrass Commons, a 15,OOO-square-foot office building in Deerfield Beach. But Deustch/lreland Companies and Chase Federal took to the courts in a flurry of lawsuits after negotiations broke down last month on getting some of the $12.5 million to finance tenant improvements. So far, Chase Federal has only lent a total of $5.6 million of the loan for the two projects, Deutsch said. "They forced us to turn away tenants because they refused to loan the funds for tenant improvements. They said they didn't have any more funds and wanted us to payoff their loan," said Deutsch. Chase Federal is not i:Iuilii:llt:u with New York based Chase Manhattan Bank. MEMORANDUM NO. 91-46C FROM Carrie Parker Assistant City Manager June 27, 1991 Quantum Community Development District - Staff Analysis bif~ d/~\ ~J jWu tflv/~ TO J. Scott Mill er City Manager DATE SUBJECT. INTRODUCTION On May 10, 1991, a petition was submitted to the City of Boynton Beach in accor- dance with Chapter 190, Florida Statutes to adopt an ordinance establishing Quantum Community Development District. The petition and filing fee of $15,000 was accepted for review by the City staff. On Tuesday, May 28, 1991, a public hearing was held by the City Commission in accordance with the statute. The minutes of the public hearing are attached as Exhibit 1. In the time period prior to and subsequent to the public hearing staff has been reviewing infonnation submitted by the petitioner and is presenting this report summarizing those review efforts. The review has focused on factors material to managing and financing the service-delivery function of the district. Specifically, as set forth in the intent section of the Statute, that the pro- posed independent district constitutes a timely, efficient, effective, respon- sive and economic way to deliver these services and addressing the six factors set forth in Chapter 190.005(1)(e) F.S. THE PETITIONER The entities that submitted the petition to the City are Quantum Associates, a Florida General Partnership, Quantum Park Property OWner's Association, Inc., a Florida Not-For-Profit Corporation, and QRA, Inc. Quantum Associates is a Florida General Partnership that is owned 50% by Deutsch/Ireland Companies and 50% by Melvin Simon and Associates, Inc. The majority of the land in the park is listed on the tax rolls as owned by Quantum Associates or Deutsch/Ireland Companies. Quantum Property Owner's Association, Inc. is a Corporation Not-For-Profit of the State of Florida that was fonned for the purpose of carrying on the maintenance responsibilities as well as all other responsibilities set forth in the property covenants of the park. QRA, Inc. (Quantum Railroad Association) is a Florida Corporation that was created for the purpose of handling matters pertaining to the Railroad, such as the easements to the Tri-Rail station and the rail spur to the Publix distribution facility. Exhibit 2 is a listing of the officers of each of these entities obtained from the State Division of Corporations, Tallahassee. -1- THE DISTRICT PROPOSAL On December 18, 1984, the City of Boynton Beach approved a comprehensive devel- opment of regional impact (DRI) for a proposed industrial office park soon to be named Quantum Corporate Park. The park was constructed pursuant to that devel- opment order, with the first parcel selling in 1987. The petitioner is requesting the establishment of the Quantum COD to construct or acquire and maintain some of the infrastructure and community facilities which will be needed by the property owners and tenants of the project. Florida Statute in Section 190.012(1) sets forth the special powers relating to public improvements that the district is requesting. These are to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for the following' water management, roads, street lights, and other projects issued under a local governmental development order, ie. the sand pine preserve area, signage, etc. These services are currently being provided and maintained by the developer or the property owner's association. No water supply, sewer and wastewater management is requested to be provided by the District and no services under F.S. 190.012(2) are requested. DISTRICT SIZE The land area to be served by the COD comprises approximately 504 acres. The District proposes to acquire and own approximately 163 acres. The legal description of the property to be served by the District is found' in Exhibit 2 of the petition, with ten (10) parcels to be excluded by virtue of current public ownership or previous sale by the developer. Engineering certifications of these legal descriptions have been provided by the developer, attached as Exhibit 3. Questions were raised at the public hearing relative to the size of the District and the impact of the ten (10) parcels, comprising approximately 70 acres being excluded from the District boundaries relative to the statutory requirement that the district be of sufficient size, be sufficiently compact and sufficiently contiguous to be developable as one functional interrelated community. Attached as Exhibit 4 are legal opinions provided by the petitioner from Adorno & Zeder, and Fowler, White, Gillen, Boggs, Villareal, and Banker, as well as an additional memorandum from Dr. Fishkind addressing this issue. The City Attorney is researching and will provide additional analysis of this issue. SERVICE DELIVERY ALTERNATIVES The economic impact statement from Dr. Fishkind sets forth in Section 2.2.4 three alternatives to the establishment of a COO for the provision of infrastructure. These are (1) a dependent district such as a Municipal Services Taxing Unit (MSTU), (2) a property owner's association or (3) provision by the City. Since Options 1 and 3 required the participation of the City, and impact the City's bonding capabilities, they were discarded as viable options. Because of the developed status of the Corporate Park, there is currently in existence a property owners association incorporated since 1987. The petition states the District will acquire various infrastructure necessary to provide services from the property owners association as well as from other entities owning property within the park. The breakdown of services to be provided by the property owners association and those to be provided by the District are attached as Exhibit 5, along with the Articles of Incorporation and the By-Laws of the association. -2- FINANCING OF THE SERVICE DELIVERY FUNCTION Because of the structure of this District, this issue was the most complex. Several issues arose with regard to costs. The first dealt with the actual dollar amount of the figures provided for the proposed construction and acquisi- tion of the infrastructure by the District. The second issue was the use of the bond proceeds by the developer to pay existing debt service requirements on the property. Third was the question set forth in Section 2.2.3 of the petition; 1'...Whether Quantum COD will be a financially viable entity and will have suf- ficient revenues for operating and maintaining its infrastructure, II and fourth, whether a default on the bonds of the District would have any impact on the City's ability to issue future debt or affect any outstanding bond issues. These issues are addressed individually as follows: Issue One The Community Development District is a governmental entity, thereby providing access to tax-exempt financing (or bonding) for a portion of the office - industrial park project infrastructure. The Community Development District, once fonned, has the authority to issue general obligation bonds, benefit bonds, revenue bonds or special assessment bonds to finance or refinance capital pro- jects. The petitioner proposes to issue special assessment bonds, which would be repaid through annual assessments levied against the property owners within the District. The petitioner has submitted an estimated amount for the proposed bond issue of $45,500,000 (the statute only requires estimated costs at this point in the pro- cess). This is broken down into approximately $35,000,000 from infrastructure project costs (both hard and soft costs of the project), two years of capita- lized interest of $7,043,000 and $3,522,000 in debt service reserve. The project costs were dropped to approximately $32,028,742 with the deletion of the water and sewer costs, which will decrease the size of the projected bond issue slightly. The petitioner submitted documentation as shown in Exhibit 6 for the infrastructure costs. The question arose as to the City Commission's role in detenmining that the estimated costs set forth in Exhibit 6 of the petition were in fact "true and correct" as required by the Statute. Because this development has previously constructed the majority of the infrastructure in question, the costs submitted are in fact actual expenses in a variety of the categories. Both actual construction costs, and "soft" costs such as legal, accounting, overhead, interest, and land costs, were submitted as documentation for the size of the proposed bond issue. Actual copies of invoices were submitted for some of the costs, although not for all. The Statute requires that the best estimates be provided with regard to costs, and after a review of the infonmation submitted, there is nothing to indicate that these are not the best cost estimates at this time. Attached as Exhibit 7 is a letter requested by staff from Wollett and Brady, addressing the appropriateness of all of these costs, (ie, overhead, interest) as included costs for the proposed bond issue under State and Federal law. To summarize his comments on this point, he states that "this detennination of appropriate bond size and what com- ponents of the developer's cost may be included in the purchase price would be -3- something addressed in the proposed District's certificate as to reasonable expectations signed on the date of issuance of the bonds. It is not a matter to be determined by the City Conmission.1I The only staff conment regarding this issue, (other than the attorney's letter) is the infrastructure component costs for the exempt parcels need to be deleted to avoid assessing these parcels for infrastructure already paid for. The cost allocation seems to have been based on total acreage (575.2825 / 163.2579 = 28.38%) and the cost for infrastructure improvements for the exempted parcels has not yet been deleted. Issue Two The petition has the financing of the infrastructure structured as an aquisition by the District, exclusively through the issuance of revenue bonds, repaid through special assessments levied against landowners benefitting within the District. The principal landowner within the proposed District is the Deutsch/Ireland-Melvin Simon and Associates general partnership. The General Partnership, also known as Quantum Associates, has an outstanding loan, a portion of which is to be released upon issuance of the bonds. The question arose as to whether or not this financing mechanism is allowed under Federal Tax Code and State Law. Again, the letter from Wollett and Brady addresses this issue. To sunmarize, if the specific costs submitted meet the requirements of the income tax regulations, this is an authorized mechanism of reimbursement of costs allowable under current Federal and State Law. Issue Three The Petition sets forth the concern IIwhether Quantum COD will be a financially viable entity and will it have sufficient revenues for operating and maintaining its infrastructurell. The current tax rolls show the owner of all of the pro- perty within the proposed district to be the Deutsch/Ireland-Melvin Simon and Associates Partnership. Because the partnership is the only property owner in the proposed District, they will be responsible for the annual debt service payments of the District, and will provide the sole source of revenue for the District, until various par- cels are sold to private businesses. The petition also stated that lithe finan- ~ cial design of the Quantum Conmunity Development District was carefully formulated to help assure that the District will be strong, stable and can stand alone throughout its lifetime.1I The financial strength of the partnership is a vital concern regarding the ability to pay debt service and the financial design of the District, therefore, a request was made to review the financial state- ments of the Partnership and Quantum Associates. The petitioners were very cooperative with City staff in providing the City's external auditor, Ernst and Young, along with City staff, various financial documents to review. Melvin Simon and Associates provided a complied financial statement as of 12/31/90, Tom Ireland's financial statement was dated 3/1/90 and Edward Deutsch's financial statements were as of 6/30/90. Five (5) years' worth of income tax returns for Quantum Associates were provided, along with Quantum Associate's statements as of 12/31/90 and 3/31/91. -4- Mr. Ireland's and Quantum Associates statements were individually prepared by the parties themselves and the other two statements had no outside verifica- tion but an independent Certified Public Accountant had attached his compilation report. A compilation report provides that the financial statements attached have not been audited or reviewed and the Certified Public Accountant does not express an opinion or any other fonm of assurance on them. All of the state- ments were based on the Fair Market Value of the assets at the time of the sta- tement. Additionally, all of the loan documentation regarding the property and the mortgage holder, Chase Manhattan Bank, N.A., was provided. However, due to the unaudited nature of the statements, and the use of Fair Market Value of the assets, no verification as to the accuracy of the financial statements can be provided to the City Commission other than the Bank documentation. The Partnership (in the name of Quantum Associates) currently has a mortgage on the property (311.0087 net usable acres) in an amount of 60 million dollars with Chase Manhattan Bank, N.A. Staff had a conversation with Simon Cruz, Vice President of Chase, to discuss the Bank's position with regard to the proposed District. Mr. Cruz stated that the Bank supported the creation of the District and the bond issuance, as the proceeds from the issue would reduce the outstanding debt on the property, thereby allowing them to release prices on the property down to a level where they would be more competitive, and therefore, achieve more sales. He stated that the developers have been long time customers of the Bank and he felt that they would stand behind their commitments. He stated that Mr. Simon was a "class act" and he was not anticipating any problems with the development. The question was asked "What would the Bank's position be in the event of a default?" He stated that they could not allow their asset to deteriorate and that Chase would step in and manage the property, either through their own real estate division or by hiring a local developer however, the entire situation would be evaluated at the time it occurred. Chase has financed only a handful of business parks throughout the country, so this project has the attention of everyone in Senior Management (of Chase). He stated that they had not been approached regarding a letter of credit for the bond sale, and stated he did not know if Chase were going to do any credit enhancement for the bonds. There were no defaults on the outstanding mortgages. (Note: According to the 1991 Infonmation Please Almanac, Chase Manhattan is the second largest Bank in America with total assets of $107,369,000,000.) In summary, the petitioners have financial resources, however, there are no financial guarantees that can be provided to the City Commission by staff - regarding the success or failure of this project. One can only look to the pre- vious track record of the developers, which is excellent, and the participation in the property by Chase Manhattan Bank, the second largest bank in the country when making the detenmination as to financial stability. The developer has structured the bond issue, so that the first two years of interest payments (approximately $7,000,000) will be paid from bond proceeds and no additional cash flow is needed for a two-year period. In the worst case scenario, assuming the developers are unable to make any bond payments, the project is structured to have five (5) years of bond payment support, including fully uti- lizing the debt service reserve and, two (2) years of tax certificate sales (See Exhibit 8, Fishkind memo). -5- Issue Four The concern was raised regarding the creation of an independent special district within the municipal boundaries, and the proposed bonds that would be issued by the district having an impact on the City in the event of a default of the District bonds. City staff contacted MBIA, AMBAC and Moody's regarding this issue (See Exhibit ). Additionally, testimonial was heard at the public hearing from both the petitioner's attorney and the City Attorney that the City would have no legal obligations with regard to the bond issue, and that it would not effect the bond rating on any current or future bond issues. COSTS AND BENEFITS OF ESTABLISHING QUANTUM COMMUNITY DEVELOPMENT DISTRICT The petition sets forth various costs and benfits of establishing the COD to the entities involved based on various assumptions. One cost that was not listed under the City section is the impact of transferring the property to District ownership. The District is proposing to acquire approximately 163 acres or approximately 28% of the total land area of 504 acres to be covered by the District. Since the District will be a governmental entity, the property under District ownership would be exempt from City ad valorem taxes. The current 1990 taxes paid by this property was $6,618.66 (See Exhibit 10), which would no longer be paid to the City. The current taxes paid to the City for the entire park are approximately $445,901.00, with taxes projected at buildout of the park in excess of 2.8 million dollars. The basic premise of the petition is that access to tax-exempt financing will allow the developer to substantially reduce the price of land in the District, thereby accelerating land sales. The petitioner has submitted a Market Survey regarding comparable sales in the area. Additionally, the petitioner has submitted a listing of property already sold in the park, along with the sales price of each parcel (See Exhibit 11). The current price listing for Quantum properties shows a low of $5.25 per square foot for industrial property and a high of $8.87 per square foot for office use. The proposed District will have the following breakdown of property usage Land Use Type Conmercial Office Research & Development Industrial Acres TOTAL 29.67 146.72 44.51 98.2 319.10 The petitioner has submitted two economic reports stating the impact on sales and provided two absorption schedules utilizing various assumptions, including reduced land prices. The two reports, by economic experts, utilize different absorption rates and assumptions, but reach the same conclusion, that reduced land prices will accelerate the sale of property within the proposed District. No staff conment is offered, as these are projections which mayor may not occur depending on the overall economic conditions and the validity of the various assumptions. -6- OTHER ISSUES Staff was requested to research the status of Tampa Palms COD and to find out if any other COO had been taken over by a city or county. Tampa Palms is an active independent COD and has not been taken over by city or county. A check with the State Division on special districts revealed only one special district in Collier County that had been taken over by the county this year. It was called Pelican Bay, however, it was created in 1974, prior to the COD legislation, by a special act of the legislative, and was not considered a community development district under Chapter 190. Exhibit 12 is the resolution of Collier County taking over the special district. There were no other special districts listed in Hillsborough County or in the State records that have been taken over by any city or county. It was also requested to review the Deutsch/Ireland status with the Broward County Northport project. Staff spoke with County Commissioner Chainman Niki Grossman's office, who stated that the convention center project was on time and within the budget. The Deutsch/Ireland group is currently in negotiations regarding the hotel that is part of the same complex, but she would give these developers an excellent reference. CONCLUSION On Tuesday, July 2, 1991, the first reading of the ordinance creating the Community Development District is scheduled on the City Commission agenda. Two readings of the ordinance are required before final approval. Chapter 190 pro- vides for the City Commission to act on the petition to approve or deny or for the City Commission to waive its right to act on this petition and transfer it onto the Governor and Cabinet sitting as the Florida Land and Water Adjudicatory Commission who will make the final decision. The policy issues with regard to the creation of the Community Development District deal with the creation of another governmental entity within the corporate limits of the City, providing access to tax-exempt financing to assist private development, and the likelihood of future requests for creation of Community Development Districts. These constitute policy issues that need be addressed by each Commissioner. Staff researched the parcels 100 acres or greater remaining within the City limits and the reserve annexation area, which would be the areas more likely to request this designation as seen from Exhibit 13, there are not very many areas that meet this criteria. The Commission is directed under the Statutes to con- sider the record of the public hearing and to make a detenmination to grant or deny the petition based on the following factors: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the district is inconsistent with any applicable ele- ment or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether 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. -7- 4. Whether the district is the best alternative available for delivering com- munity development services and facilities to the area that will be served by the district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the district is amendable to separate special-district government. If further infonmation is needed, please advise. -8- EXHIBITS Exhibit 1 Public Hearing (5/28/91) Exhibit 2 Officers Exhibit 3 Engineering Certification Exhibit 4 Legal Opinions Exhibit 5 Services Exhibit 6 Construction Costs Exhibit 7 Wollett and Brady Opinion Exhibit 8 Fishkind Memo Exhibit 9 Bond Letters Exhibit 10 1990 Property Values Exhibit 11 Market Survey Exhibit 12 Pelican Bay Resolution Exhibit 13 Planning Department Memo -9- PLANNING DEPT MEMORANDUM NO 91-12l TO Carrie Parker, Assistant City Manager ~~ Christopher Cutro, Planning Director FROM DATE May 23, 1991 SUBJECT Quantum Park Community Development District The Planning Department has reviewed the Quantum Park application for a Community Development District and has found no goals, policies or objectives in the Boynton Beach Comprehensive Plan that conflict with the establishment of such a district CC cp -~ - -........ -- "" ---~~ Exhibit "7" ECONOMIC IMPACT STATEMENT FOR QUANTUM COMMUNITY DEVELOPMENT DISTRICT Prepared for: Quantum Associates 1900 Southeast 17th Street Causeway Miami, Florida 33316 Prepared by: Fishkind & Associates, Ine. 12424 Research Parkway Suite 275 Orlando, Florida 32826 May 1991 '" A -- It IS most difficult to place a dollar value on these benefits. However, they are certainly substantial. Furthermore, gIven the small costs involved if the CDD IS approved, the benefits clearly overwhelm such costs, yielding significant net benefits to the State and Its CItizens. 2.2.3 City of Boynton Beach and its Citizens - Costs Because Quantum CDD is smaller than 1,000 acres and it is located within the Jurisdiction of a municipal corporation, the admimstrative costs for establishlOg the District are borne by the City of Boynton Beach and Its citizens. The City of Boynton Beach has the opportunity to review and comment on the application to establish the Quantum CDD, and it may hold a local public hearing on the issue. Concern that District obligations, particularly debt payments, could become State or City obligatIons is without foundation. This point was made explicitly clear by the Legislature when it adopted Section 190.002(3), F.S. " It is further the purpose and intent of the legislature that no debt or obli~ation of a distrIct shall constitute a burden on any local general purpose government without its consent". Section 190.002(3). F.S.) Moreover, F.S. 190.016(15) provides explicItly that "... A default on the bonds or obligations of a district shall not constitute a debt or obligation of a local generalpurpose government or the state." The relevant concern here is whether Quantum CDD will be a financially viable entity Will it have the revenues to finance its share of community lOfrastructure, and will it have sufficient revenues for operating and malOtaining Its infrastructure? To examine this Issue, a detailed cash-flow model of the proposed Quantum CDD was developed. This proprietary model was used to assess the performance of Quantum CDD under a wide variety of potential future economic conditions includlOg environments of high and rising interest rates with inflation, deflation, slow absorption at Quantum, and the like. The results show that the financial desIgn of the District is strong and stable over all reasonable economic environments it may face. The results of the finanCIal modeling also indicate that the District will be able to meet its financial obligations on an ongoing basis. As noted in section 1.3, Quantum CDD has a conservative finanCIal structure. There are no plans to issue general obligations debt, which would be backed by the full faith and credit of the District. The District does plan to Issue bonds to finance the acquisition or expansion of District infrastructure, including arterial roadways, collector streets and sidewalks, parks, capital contribution to the construction of an 1-95 interchange at N W 22nd Avenue, landscaping and lighting, and security systems. The debt service for these bonds will be provided by special assessments. A maintenance assessment will cover other District expenses for operating and maintalOlOg District facilities. AddItional revenues may also come from user fees. Initially the developer will pay most of the assessments, because the developer will be the largest landowner. Should sales be slower than 5 ,~- expected, the District's maintenance budget will not suffer Instead, the developer will pay a greater proportion of the maintenance assessments than expected. Because of this financial structure, the district's revenues will not and cannot decrease. Finally, the District intends to contract with the Palm Beach County Tax Collector to collect its taxes. The cost for this service will be defrayed through the fees charged by the Tax Collector These costs will not be borne by the residents of Palm Beach County or the City of Boynton Beach in general. Instead these costs will be borne entirely by the residents and owners of property within the District. 2.2.4 City of Boynton Beach and its Citizens - Benefits The proposed Quantum CDD will provide a number of economic benefits to the City of Boynton Beach and its citizens. First, since citizens of Boynton Beach are also citizens of the State, they receive the same benefits from planned office-industrial park developments as do other citizens. In fact, since the development is to occur in the City of Boynton Beach and in Palm Beach County its citizens benefit to a greater degree on this account than do other citizens living elsewhere in the state. Well planned and well financed communities are attractive locations for new residents and new or expanding businesses. The availability of such communities enhance the quality of hfe and the economic development of the areas in which they are located. Second, the proposed District is the best means of assuring that tenants in Quantum receive the services they need, while at the same time restricting the costs to Quantum occupants who receive the services. The District will be run by landowner elected representatives during its initial six years. Subsequently it will be run strictly by qualified electors of the District. This financial governance binds those who receive District services to the obligation to pay for those services. At the same time, this structure also allows Quantum occupants to control the entity which provides the services and levies the assessments to pay for those services. The City or the County are not involved in any way 10 the operation or finance of the District. However, should the City WIsh to take over any COD provided function or terminate the District, there are provisions in Chapter 190, ES. for these capabilities. Thus, the City does not lose control over the District but, by the same token, it is not obligated in any way to provide COD services to the properties WIthin the District. The third benefit which accrues to the City and its citizens is that a Community Development District is the sole mechanism by which the City is completely freed from the management and administrative burden of Quantum. Since the District is an independent special district, it has its own IOdependent board and budget and must see to its own administration. This arrangement for governing and administration the District means a cost savings to the City, compared to any other arrangements. Any other form of government and financial structure would make the City at least partially responsible for the District's services. 6 ,-- Consider the three fundamental alternatives to a CDD at Quantum. (1) a dependent district like an MSTU, (2) a property owners' association, or (3) City provIsion. Establishment of a dependent, MSTU type of district in place of the CDD would require the City to staff the MSTU Furthermore, any financing by the MSTU for provision of infrastructure would inure against the bonding capabilIties of the City, further restricting the City's ability to proVIde needed infrastructure to the City of Boynton Beach. For these reasons the CDD is clearly a superior option. The second conceptual alternative to the CDD would be a master property owners' association. While such an association could provide the necessary staffing and deciSIon making for land in the District, such associations typically lack the capabilIty to issue bonds and other forms of long-term debt. Thus, it is doubtful that an association could effectIvely finance, construct or acquire the necessary commumty mfrastructure. The final alternative to the CDD IS provisIon of mfrastructure by the City This alternative is clearly inferior to the establIshment of the CDD Without the CDD the City would have to plan, finance and build or acquire the community infrastructure using Its own revenues and staff. By contrast, establishment of the proposed District aVOIds these costs. A final benefit, which accrues to the City and its citizens from the establishment of the Quantum office-industrial complex, is that by having the District finance, construct or acquire the necessary infrastructure, the development of Quantum will be accelerated. It will allow the potential savings in financing costs to be passed through to reduce the pnce of Quantum finished land. This means the jobs and the income which will be generated at the office-industrial park complex, and peripherally throughout Boynton Beach, will occur sooner than would otherwise be the case. In conclusion, establishing a CDD is the best way to assure that growth pays for itself. The District mechanism allows the office-industrial park and economic development process to take care of its own needs. It restricts costs to those who benefit from the services provided. 2.2.5 Applicant - Costs The applicant will incur substantial costs if the proposed District is approved. These costs can be grouped into three categories: (1) planning and applying for the District; (2) contributions of management and technical assistance; (3) District special assessments and fees. It is costly and time consummg to plan and apply for a CDD. The applicant's Quantum CDD Task Force includes economists, attorneys, investment bankers, engineers, planners and experienced district managers. Second, the District will need managerial and technical assistance from the petitioner from time to time, especially in the early years of Its operation. Thud, the applicant will pay substantial District special assessments and fees over the life of the project. Indeed, in the early years of the District the petitioner will be the District's largest taxpayer 7 2.2.6 Applicant - Benefits Quantum CDD will provide the applicant with three economic benefits. First, Quantum CDD would provide access to tax-exempt financing for a portion the office-industrial park project's 1Ofrastructure. Perhaps Just as Important as any cost savings IS the fact that through District financing the debt obligation does not appear on the balance sheet of the petitioner Such off-balance-sheet financing is useful and valuable. Finally, much of the benefit from the availability of tax exempt financing ultimately accrues to the end user of the land Within the CDD Lower cost 10frastructure will mean lower costs for users. In addition, the District will be operated for the benefit of Quantum. This helps assure that the high standards which the applicant has set for Quantum will be preserved through the hfe of the project. Another benefit 10 establish10g the CDD IS that, through a District, the developer is better assured that necessary infrastructure will be in place when It is needed. This would help to satisfy growth management laws requiring concurrent availabihty of infrastructure to support proposed development. A final benefit to the petitioner is that, through a district, the petitioner will create a perpetual entity to manage and maintain major elements of the development. This is an aid to obtaining the necessary development permits and monitoring their environmental compliance. 2.2.7 Consumers - Costs Consumers are people who will purchase land or rent space at Quantum. Should the proposed CDD be established, District occupants will be required to pay District special assessments and fees over and above their City and County taxes. District special assessments do not affect or offset City or County taxes. It is thIS increment of expense on top of City and County taxes which is the cost of the CDD to consumers. As noted above, Quantum CDD would be asked to finance and construct or acquire the surface water management system, arterial roads, collector streets, sidewalks and lighting, parks and landscaping, and participate in the financing of the 1-95 interchange at N W 22nd Avenue for the benefit of its occupants. Current plans identify three categories of expenses for which District occupants pay. (1) monthly utility charges (2) taxes collected by the City and County (3) special assessments to pay for District capital costs. While the third category appears to be an additional cost to the consumer created by establishment of the CDD, this is actually not the case. The services that these fees and assessments finance must be provided for the development. No matter what the alternative method of service provision and revenue collection, ultimately the Quantum occupants will be paying for 8 these services. A eDD proVIdes the options of having higher levels of service, financed at tax-exempt rates, and paid for via self-imposed assessments. Moreover district management and financing is generally less expenSIve than the alternative of an MSTU, property owners' association, City proviSIOn, or developer bank loan financing. Finally, the estimated budget for Quantum CDD indicates that the various charges to prospective occupants will be moderate and well within the ranges typical for Florida CIties with strong tax bases. Indeed, the District is not expected to charge ad valorem taxes during its first phase, and could not do so until the District's board is elected by its occupants. In addition, ad valorem taxes - oth ::r revenues will be adequate for the task. 2.2.8 Consumers - Benefits District occupants will receive four major classes of benefits if the COD IS approved. First, those in the District will receive a higher level of public services and amemties than would otherwise be the case. Quantum is designed as a high quality office, commercial, industrial, and R&D project with high service demands. To be successful the petitioner feels that a mechanism is needed to help assure a high level of public seCVlces consistent WIth the Quantum project. A COD is the best vehicle for this purpose. Second, the COD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of the rest of the land. This satisfies the revised growth management legislation and assures that growth pays for Itself without undue burden on consumers. Third, by financing its infrastructure through the COD, Quantum can, and will, pass the benefits of off-balance sheet financing of its infrastructure to the purchasers of land in the park. Without the COD these costs would have to be recovered via higher land costs. Finally, a CDD is the sole form of governance which allows District landowners to fully control the type, quality, and expense of District services, provided they meet the City's overall requirements. It should be clear that, on net, the formation of the Quantum eDD will benefit its owners and occupants. The District will be controlled by District landowners, and it will be operated for the benefit of District property owners. The CDD will help ensure that the high standards the applicant has set for its development will be met. 3.0 Competitive Effects Approval of Quantum eDD will have a moderate effect on competition in the market for office/commerclaVindustrial/R&D space in the City of Boynton Beach and in those areas where there are projects similar to Quantum. The development is designed as a high quahty, office/commerciaVindustriallR&D development. As such, it competes with other developments serving the same niche. The proposed district does provide a cost advantage to Quantum. 9 While establishment of Quantum COO does provide sigOlficant competitive advantage, thIS same advantage can be obtained by any other landowner who wishes to go through the same petition process. In other words, no umque competitive advantage would be conferred upon Quantum whIch IS not available to all other competitors in this market. 4.0 Small Business Impacts Establishment of the Quantum COD can have a positive impact on small businesses by reduclOg the costs of land in the Quantum Park. Small businesses that decide to locate 10 Quantum COD will be subject to CDD special assessments above and beyond those paid by small businesses located outside the boundaries of Quantum COD However, location in Quantum is completely voluntary, and small businesses can determine for themselves whether the extra charges imposed by the COD are worth it. In exchange for the assessments, occupants will benefit from a higher level of services than those located outside the District. Furthermore, if the businesses own the land they are located on, the business will have the nght to vote in COD elections. Finally, the District must operate according to Florida's "Sunshine" laws, and the District must take bids for the goods and services it will purchase. As a result, small businesses will be better able to compete for District busmess. 5.0 Data and Methodology The data used in this analysis, 10 particular the buildout schedule and timing and amount of infrastructure improvements, came from the petitioner In our professional opinion, the projections used by the project sponsor are reasonable. Tables 1 and 2 outline the capital infrastructure, timetable for construction or acquisition and responsibilities for financing, owning, and operating the vanous community infrastructure facilities. These data reflect estimates of costs and timing at this time. From a methodological perspective, we developed a detailed cash-flow model for the proposed CDO in spreadsheet format. The model is quite large and complex, but It essentially tracks each source of revenue and each major COD cost Item. Because the model contains proprietary information concerning the Quantum office/commercial/industriallR&D development project, its complete contents are not reproduced here. 10 -. r Table 1 Quantum Community Development District Infrastructure Plan Facility Comments Water Management Capital Costs. Distnct System Ownership: District Op/Maint: District Financing: Special Assessments Collector streets, Capital Costs. District sidewalks, lighting Qwnership: (1) DIstrict systems Op/Maint: (1) District Financing: Special Assessments Parks, Capital Costs: District landscaping/buffering, Ownership: District open space Op/Maint: District Financing: Special Assessments 1.95 interchange Capital Costs: District contribution Ownership: Florida DOT Op/Maint: Florida DOT Financing: Special Assessments 11 -----~----------------- Table 2 Quantum Community Development District Infrastructure Construction & Acquisition Timetable and Estimated Costs Timetable Estimated Cost Arterial Road, streets, Sidewalks, lighting, and drainage 1991 $21,394,972.00 Parks, landscapmg/buffering and open space space 1991 $ 6,287,208.00 I -95 engineering and contribution to build studies and desIgn balance 1991 $ 4,346,562.00 TOTAL $32,028,742.00 12 Exhibit "3" LESS AND EXCEPT the following described ten parcels 1 City of Boynton Beach, a Florida municipal corporation, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425, and FOP Gold Coast Lodge #49, Inc., a Florida non-profit corporation, Post Office Box 678, Boynton Beach, Florida 33435 - Lot 92 of Quantum Park at Boynton Beach, P I 0 Plat No 3, according to the Plat thereof recorded in Plat Book 60, Pages 29 through 31, inclusive, in the Public Records of Palm Beach County, Florida. 2. Florida Power & light Company, Post Office Drawer 0, West Palm Beach, Florida 33402 - Lot 51-8 of Quantum Park at Boynton Beach, P I 0 Plat No 4, according to the Plat thereof recorded in Plat Book 57, Pages 186 through 188, inclusive, in the Public Records of Palm Beach County, Florida. 3. Publix Supermarkets, Inc., a Florida corporation, Post Office Box 407, Lakeland, Florida 33802 - Lot 55 of Quantum Park at Boynton Beach, PIO Plat No 5, according to the Plat thereof recorded in Plat Book 57, Pages 189 and 190, in the Public Records of Palm Beach County, Florida. 4 Safety-Kleen Corp, a Wisconsin corporation, 7n Big Timber Road, Elgin, Illinois 60123 - Lots 46-8, 46-C, 47-C, 47-0, and the South 71.53 feet of Lot 47-8, of Quantum Park at Boynton Beach, P.1.0 Plat No 10, according to the Plat thereof recorded in Plat Book 60, Page 34, in the Public Records of Palm Beach County, Florida. 5. City of Boynton Beach, a Florida municipal corporation, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 - Uft Station site at the northwest corner of Water Management Tract -A- of Quantum Park at Boynton Beach, P I 0 Plat No.1, acc:':rding to the Plat thereof recorded in Plat Book 57, Pages 182 and 183, of the Public Records of Palm Beach County, Florida. 6. City of Boynton Beach, a Florida municipal corporation, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 - Tract HC- (HIgh Ridge Road) of Quantum Park at Boynton Beach, P 1.0 Plat No 8, according to the Plat thereof recorded in Plat Book 57, Pages 196 and 197, of the Public Records of Palm Beach County, Florida. 7 Systems Control, Inc., a Delaware corporation, 12021 S W 144 Street, Miami, Florida 33186 - Lot 89-A and a portion of Lot 89-8, of Quantum Park at Boynton Beach, P I 0 Plat No 8, according to the Plat thereof, as recorded in Plat Book 57, Pages 196 and 197, of the Public Records of Palm Beach County, Florida, the before said included portion of Lot 89-B, being more particularly described as follows Beginning at the Northeast Corner of the before said Lot 89-A, thence South 88 24'22" East along the North line of said Lot 89-B 43.08 feet; thence South 01 35'3811 West 241 17 feet; thence North 88 24'221 West 265.43 feet to a point coincident with the East right-of-way line of High Ridge Road as recorded in the Plat of Quantum Park at Boynton Beach, PI 0 Plat No 8, in Plat Book 57, on Pages 196 and 197 of the Public Records of Palm Beach County, Florida, thence Northwesterly along a curve to the right with an arc distance of 45.45 feet, delta angle of 5 47'14", radius of 450.00 feet; chord distance of 45.43 feet and chord bearing of North 30 55'4611 West to the Southwest Corner of said Lot 89-A, thence North 66 36'00" East 272.28 feet to the Southeast Corner of said Lot 89-A, thence North 01 35'3811 East 87 81 feet to the point of beginning. 8. Lakeside Commons Associates, a Florida partnership, Post Office Box 21703, Fort Lauderdale, Florida 33335-1703 - Lots 4, 4-A, 4-8,5 and 5-A of Quantum Park at Boynton Beach, P I 0 Plat No 2, according to the Plat thereof, recorded in Plat Book 57, pages 184 and 185. in the Public Records of Palm Beach County. Florida. 9 Acquisition & Investment Services, Inc., a Florida corporation, 6400 North Andrews Avenue, Fort Lauderdale, Florida 33309-2103 - Lot 20 of Quantum Park at Boynton Beach, P 1.0 Plat No.2, according to the Plat thereof, recorded in Plat Book 57, Pages 184 and 195 of the Public Records of Palm Beach County, Florida. 10 Curt G. Joa, Inc., a Wisconsin corporation, 1500 High Ridge Road, Boynton Beach, Florida 33425 - Lot 51-A of Quantum Park at Boynton Beach, P I 0 Plat No 10, according to the Plat thereof recorded in Plat Book 60, Pages 34 through 36, in the Public Records of Palm Beach County, Florida. Exhibit "4" QUANTUM COMMUNITY DEVELOPMENT DISTRICT Quantum Associates, Quantum Property Owners' Association, Inc., and QRA, Inc., owners of the property more particularly described in Exhibit "2" attached hereto, herein petition for and consent to the establishment of the Quantum Community Development District, located in the City of Boynton Beach, Palm Beach County, Florida. QUANTUM ASSOCIATES, a Florida general partnership By. QUANTUM-D/I, L TO , a Florida limited partnership, as General Partner By DEUTSCH/IRELAND COMPANIES, L.C, a Florida d liability company, its General By. Edward B. Deutsch, Managing Member QUANTUM PARK PROPERTY ASSOC~~ INC., a Florida not.for.~ G By' ~ Edward B Deutsch, President OWNERS' corporation :~'IN~ration Edward B Deutsch, pre5iaenr-- State of Florida County of Broward The foregoing instrument was sworn to, subscribed and ac.knowledged before me this II') day of /fJ ~ 1 ' 1991, by Edward B Deutsch for the purposes therein stated. 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I _ ~.' . f il h :IH L '/ , " i' ~Jt r iHi ~ t ~ ~ I', " ~, 'lo.- i; ~------------- , " / >-" '-,,\. z:: ......-. -....._-~ 4 EXHIBIT "6" QUANTUM COMMUNI1Y DEVELOPMENT DISTRICf INFRASTRUCfURE CONSTRUCI'ION AND ACQUISITION TIMFfABLE AND ESTIMATED COSTS Timetable Estimated Cost Arterial Roads, streets, sidewalks, lighting, & 1991 $21,394,972.00 drainage Parks, landscaping, & open 1991 $6,287,208.00 space 1.95 engineering & contribution to build studies & design balance 1991 $4,346,562.00 TOTAL $32,028,742.00 ') -{" -.L Cfi~ C-<.,-ti-tf/ 100 'E. '13oynton '13eadi '13ou1evard P.D '13~31O '13oynton'13eadi, '.Tforufa 33425-0310 City:Jfaff. (40i) i34.8111 :TJIX. (407) 738 7459 April 19, 1991 Mr. Steve Deutsch Deutsch-Ireland Properties 110 Southeast Sixth Street The 110 Tower - 21st Floor Fort Lauderdale, Florida 33301-3415 Dear Mr. Deutsch Pursuant to the meeting on Monday, April 15, 1991 between the City Manager's office, the Mayor, the City Attorney, yourself and Mr. Edward Deutsch, I have been requested to summarize the results of that meeting and to forward on the the concerns stated at the time of your previous petition both from the staff, as well as members of the public. The City is holding the $15,000 filing fee submitted from the previous petition pending submittal of a new petition. Some of the concerns regarding the previous petition, before it was with- drawn were as follows 1. Written clarification that the City is the owner and operator of the water and sewer system infrastructure. 2. Revision of the infrastructure costs contained in Exhibit 7, including revisions to potable water, fire hydrant and wastewater, and 1-95 engineering and contribution to build, studies and design balance. 3. Revision of Exhibit 9, Economic Impact Statement for Quantum Corporate Park, specifically a) Revisions to Table 1 (page 15), delineating various capital improve- ments, ownership and operation and maintenance responsibility and section 1.3, the narrative for this table. b) Re-eva1uation of the cash-flow model after the infrastructure costs are adj~stea and to provide these numbers in a summary type fashion, as verification for the summary conc1us\An~r~~rd1ng the financial design of the D1strict~ .l{JjCblVED APR . PLANNING DEPT. ~mtri&a's (jateway to tlie (julfstrtam ~ - -2- c) Section 2.2.4 (page 9), the City Manager has specifically requested comparisons of the surrounding market as verification that a reduction in costs of $2.50 per square foot will in fact, result in lithe jobs and income which will be generated at the office- industrial park complex, and peripherally throughout Boynton Beach, will occur sooner than would otherwise be the case". This basic assertion is also stated in Section 3.0, page 13. 4. Clarification of the effect of exempting the current landowners from the COD with regard to the statutory requirement that the District be sufficiently compact and sufficiently contiguous to be one functional interrelated community and how the services would be impacted (if any) by this exemption. Additionally, it was discussed to hold a special meeting for the purpose of a public hearing on this issue on Tuesday, May 28, 1991. After the public hearing, the enabling ordinance would be drafted and subsequently presented to the City Commission for first and second readings, with a second public hearing at the time of the second reading of the ordinance. The City staff will be in contact with you shortly to finalize the time of the special meeting. If there are any further questions, please give me a call. Thank you. Sincerely, CITY OF BOYNTON BEACH ~c/~ Carrie Parker Assistant City Manager CP jc cc Honorable Mayor & City Commission J. Scott Miller, City Manager James Cherof, City Attorney Central File ...fe::;J-S"- 7~S-8" ?f~ q1ie City of "Boynton "BeacFi .1. 00 'E. 2IDN.......... 'Beaeli. 'B"',,"'OIAN& !P.o. 'B"'''C.~.lO ':ScIy...U7P~ 'B.G&./i.. :FCorlaa ~~4.25'-0.3.! 0 Chy~: (407) T.34-8.!.l.l !TAX: (40:>') :>'.38.:>'45'9 ~. ~ ~TBI . ..y-./ y>- 9/ FaOM : ('~-A.A ~ to ~ ~-A --A6..J-J' TO. .J.~....<.-. l/a.J--':Z;;~ :P~ as . [i}.:A'/~~ .f)~~ ~~~ NO OF PAO:m.. ,,-.;1- JlLllU<rU:a s t;#a~"-y ~D ~Iie ~ulfs~reatn TRANSMISSION REPORT THIS DOCUMENT (REDUCED SAMPLE ABOVE) WAS SENT ** COUNT ** # 3 *** SEND *** NO REMOTE STATION I D. START TIME DURA TI ON #PAGES COMMENT 1 305 753 8995 4-19-91 10 41AM 1 43 3 TOTAL 0 01 43 3 XEROX TELECOPIER 7020 I_II L...L... 11- Lnl'i.1. -Ji':li c.. i ~L c_ _I -t11-)_::1-1,->;1 H f- r 1 _ -j J ~.:.. J'" !'l [0 ~.:j t. LAW O""ICr:S MOYLE. FLANIGAN. KATZ. FITZGERALD & SHEEHAN. P.A. T"'II;;;JMA. tllI .~QN PE"ER L, BRETON RO.ERT .1I0Cy DRIEGORT D. COO", E. COLa ,.,,,.O........D.8::r "'0"''' ~ "LA"'O"N ROy W. O"OlCALL "",CII&w "...L TO'll. 1;[ "VA" DENGEL ""NeT """'LLC'1 ~II"'"A" WIN9LOW Do HAW",ES. m ~TNN o. "'.....",.... "_TIN 'V. l(ATZ WILLIA'" .. "'NO IItONALO 1(. KOLINB .TEVSN ..... ..........,.,...... a- ~'-oo"'. .A""~"" cc,.,.,....c 88. NQJ:aTW VLAGLIi:.R al:UVE "'"Dille... .",. "''''''111."0'' TAL~H~IItE O~"'C:E !iilU'TE: 100. THE PIUUUrt8 "oual. ua NOI'ITIol OAOSDE:N ST~E:ET T"L~HASSf;1h F1.0RIDA 3230. TEl..EP,",ONIE (e~) <<58"3828 P'..eSIMILC ('04) CIe!!' B7BB LISA A MIL"-E" .J01l C MOVL.C .JODY H OUVER o&v,o .. ....-N.y _NCY "'ORP![ OUtNLAN .....'1..'C;1< E, O"'I"LA'~ ..."",, c. ""'TNCJHD T"O"".... A, .,,&&"...",1: OONNA H, STINSON MAA""'.... .I.I""U....I.I"IA. ..wuc~ A. TWOM"'. WIL't01ol L, WHITt THOMAIll L. YO.!!:T .J:>1iL ... YUg"..,.,...u..;;o fIO!iT O"'''''C~ eox 38ee WEST p~ JJEAcB. J'I.OJIIEl.l. 3340e T~L&""'QNr; (~Q7) e~9 7500 F"AC81...ILE (~o7) 659 1769 April 12, 1990 J. Scott Miller City Manager City of Boynton Beach, 100 East Boynton Beach Post Office Box 310 Boynton Beaoh, Florida Florida Boulevard 33425 RE; propoeal of Deutsch/Ireland re fin~nein9 Dear Scot.t AS we hllve discussed 5everal times over the past clays, the City tlas received d request tram Deutsch/Ireland, the <.1evelopers ot Quantum Corporate park, that the C1ty become lnvol ve<1 in the a<.1opt10n ot cereain leg1slation by the Florida legislature relat1ng to the Clty and to a proposed finanCing plan Ot DeutsCh/ Ireland. MY purpose in tJr1t1ng is to summar1ze my understanding ot What the C1ty 1s being asked to do boen 1n the short term ana long term It 1S my unoerstan(Ung that Deutsch/Ireland has a two-part plan 1n mind The f1rst pOrtiOn ot thelr plans 1nclude the formation by the City of a special assessment district Within the JuriSdiction of the City. It is expectecl that the boundaries of thiS assessment clistrict would be coterm1nu8 with the boundaries of Quantum Corporate Park. The purpose for the formation of the district would be to implement the issuance of tax-exempt bonds by the City These bonds would be issued for the purpose of providing funds that the City would use to purchase certain property that is within Quantum Corporate park. While I do not believe that the specif les of the acquisition have been worked out, a general description of the areas to be purchased would include road rights-of-way, drainage easements and drainage retention areas, wetlands, dry detention areas, sand pine 4 0 2 211 w __ r_-... "'".f L_ _~ I I .........1 -......:_-.:..10 "rJr 1-,- ~1U l_ il<-l ,j: JU_ - J Scott Miller April 12, 1990 page 2 preserves, and other open areas. These lands are currently owned by Deutsch/Ireland or Borne related entity. Once purchased by the City they would be owned by the city, obviously. The bonds would be repaid from special assessments levied against the land within the assessment district (Le., the land within Quantum Corporate Park) That is, future landowners within the Corporate park would pay taxes lJhich would be used by the City to pay back the bonds. These special assessments would not be the ad valorem taxes levied by the City but would be special taxes levied only against the landowners in the assessment district. In addition, it is my undQrstanding that Quantum is proposinQ that there would be a leeest of cr9dit that would back: the bond issue so that if the special assessments were not sufficient to payoff the bonds the letter of crQdit would be drawn upon to ensure that the bonds could be paid back As we have dh:cuBsad, once the prOp9rty is purchased by the Ci ty the City will have the obligation to maintain it, just like all other City property. I believe that it may be possible to 9tructurQ the assessment district in such a way that the city has the ability to lQvy assessments for the purpose of maintaining the property as well Additionally, it must be recogni2ed that with the purohase of property by the City the property will no long9r be subject to ad valorem taxes leviQd by the City and this lost revenue would also need to bQ considered. The second aspect of the Quantum proposal relates to the I-95 interchonge While r am less certain of the -big picture~ on this pl~n, I believe that this involves the establishment of an assessment di~ttict which would include not only portions ot Quantum Corporate park but also other areas of the City, including perhaps the Boynton Beach Mall. AS with the first plan, epecial assessment bonds would be issued fot the purpose of providing funds to constrtlct the interchange. The bonds would be payable from spec1al assessments levied against lane within the assessment district. I have alSO rev1ewe~ a copy of the orticle in the Sun-Sentinel of April 11, 1990 l'h1s article addresses the 1-95 interchange ~spect of the plan I th1nk that most ot the description of the financing methoj contained in the article 1s accurate. In oroer for the C1 ty to t>e able to legally under-take the programs discussea above, it may be necessary for special legislation to be adopted by the Florl~a legiSlature This legislation would expressly authorize the City of Boynton Beach to undertake 1'rog rams such as those I desc t ibed at>ove. While 1 t is 4022M 1_ '-....., l- .1.._ 1 '- :.... '- "i 1_1 HfJ .. .1. scott Miller April 12, 1990 pa.qe 3 arguable that the City has the ability to undertake these programs without the legislation, the adoption of the legislation would remove any doubt As you know, in order for the legislature to adopt sp@cial legislation, a notice of intent to seek adoption of the legislation must be pub! i shed 1n the newspaper at least 30 days before the bill is introduced Because the current legislative session Qnds at the end of May, this 30-day requi rement wi 11 be difficult to meet if action is not taken immediately, The oQvQlopers are toqu8sting that the City authorize publication of the notice immediatQly. publication of the notice would not obligate the City to go forward with this transaction in any way. Not only could the City expressly reserve the riqht to not support adoption of the le9islat!on (in which ca~e it would most certainly not be adopted), but oven if the legislation is Ultimately adopted the City could choose not to proceed with either or both programs. Should you or any of the commissionets have any questions or comments concerning this, please do not hesitate to contact me Of course I will be in attendance at the City Commission rru;teting next week to anSwer ~ny questions you moy have. Very truly yours, ;1ljJF Mark E. Raymond MER/ec 4022M PUBLIC WORKS MEMORANDUM #90-037 TO J Scott Miller, City Manager FROM: DATE: Robert Eichorst, Acting Director Public Works April 12, 1990 SUBJECT: Quantum Park Development Maintenance; RE: Streets and Traffic Control: The following information was compiled by Public Works, using data supplied by engineering, to estimate the cost of maintenance for the streets and traffic control signs and markings in subject area for a projected time frame of 20 years, the cost figures are based on the actual cost at todays prices 1. The total distances of roadways are 28,018 feet, some of the roads are dual or (4) lanes The estimated cost of maintenance, to include one time resurfacing, is $200 000 00 2 The total number of intersections are 10 The signs and traffic markings based on $1 15 per foot for striping, and the required speed limit signs, street marker and stop signs, combined is expected to cost $171,000 00, to include restriping every (5) years, and replacing signs as necessary 3 There are 50 storm drains that will be maintained at a cost of $140,000 00, or $7,000 00 per year This program will generate the need for (2) additional people and (1) additional vehicle Projection for these are next to impossible for 20 years, but the initial cost for one year is estimated $59,000 00 If we may be of further service, or if additional information is needed, please do not hesitate to call, ~~/ rt E~chorst CC Dept Files ~'''--'. -,......., -- ---,- ~ ~ <; .-1 ~ tJ -l _~ ..h-<--; ~.....:.._ _ .., -:.-....J ~ ;',Fi~ 1 G) L:C C;T~' rrrr~f\~r~GE"" ~ (",'-;- =- RECREATION & PARK MEMORANDUM #90-200 FROM: J Scott Miller, City Manager Charles C Frederick, Director of Recreation & parksC:~ Quantum Corporate Park TO SUBJECT DATE: April 12, 1990 It is my understanding that consideration is being given to developing a special taxing district for Quantum Park; and, as a part of that arrangement the City will be assuming responsibility of the infrastructure of the park If this responsibility includes assuming maintenance of all grounds landscaping and irrigation systems, it should be recognized that a tremendous cost impact will occur either through additional personnel and equipment or through contract maintenance. Approximately 25% of the 500 acre site is common ground. Miles of street right-of-way, lushly landscaped medians, irrigation systems, 7 lakes, a 28 acre preserve area, and two 6 acre preserve parcels are included. All these components will become a part of maintenance of the infrastructure. CCF pb CC John Wildner Kevin Hallahan --.- --n -J' -1 ... I i_ \: < - ~ 19~O ~ ,~ :' --~I~:;: QUANTUM ASSOCIATES Via Federal Express April 10, 1991 Mr Christopher Cutro Planning Director City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Flonda 33425 Re: Quantum Community Development District Dear Mr Cutro. I am pleased to enclose herewith an outline based upon the applicable provisions of Chapter 190 of the Florida Statutes, summarizing the statutory authority and procedures by which we hope to create a Community Development Distnct withIn Quantum Corporate Park. I have also .. enclosed a copy of a letter from the Greenberg, Traurig law firm to one of our underwrIting consultants and, as both documents reference the applicable Florida Statutes, a copy of \ Chapter 190, in WhICh I have highhghted those provisions which speak dIrectly to the issues of any potentlalliabihty of the City for the bond Indebtedness and the actual scope of powers of the District. I have also taken the liberty of enclOSIng a copy of the resume of Gary Moyer, who we are propOSIng manage the District once it IS created. As you can see, Gary and his firm manage a number of these districts throughout Florida. Once you have reviewed the enclosed information, I would welcome the opportumty to meet WIth you to answer any questIons you may have. RECEIVED Yours very truly, ./~- f\PR 11 q I PLANN\NG DEPT STEVEN W DEUTSCH - .- --- SWD'dlm Enclosures MAILING ADDRESS: P.O. BOX 21703, FORT LAUDERDALE, FLORIDA 33335-1703 1900 SOUTHEAST 17TH STREET CAUSEWAY, FORT LAUDERDALE, FLORIDA 33316 (305)763-8888 · FAX (305)763-8996 .- COMMUNITY DEVELOPMENT DISTRICT OUTLINE I. OVERVIEW Quantum Associates seeks to establish a Community Development DIstrict ("CDD") solely within the confines of Quantum Corporate Park, which district will accept the transfer of approximately 143 acres of pubhc purpose land and related improvements. The transfer of such land to the CDD will not cause the City of Boynton Beach any transactional cost. no ongoIng administrative or maintenance cost. and will not involve or otherwise adversely affect the City's credit. The CDD is solely an alternative means of financing, constructing, acquiring, and operating and maintaimng community Infrastructure for planned developments. II. TRANSFER OF QUANTUM INFRASTRUCTURE 1. WHY To accelerate the sale of land at Quantum Corporate Park, which will give rise to SIgnificant new construction withIn the City of Boynton Beach. 2. WHO WILL BE INVOLVED Quantum Associates proposes to transfer approximately 143 04 acres of land and pubhc purpose improvements to a Community Development DistrIct ("CCD") to be established under the Umform Community Development Act of 1980, Chapter 190, Florida Statutes (see areas shaded in green on attached map). Only the property (withIn Quantum) receiVIng the benefits of the CDD will be obligated to pay for the services proVIded. 3 WHAT IS A "CDD" A Community Development Distnct is an independent special-purpose District authorized by Chapter 190, Florida Statutes, to be established to plan, finance, construct, acquire, operate and maintain community-wide infrastructure in large planned community developments. CDDs provide a "solution to the state's planning, management, and financing needs for dehvery of capital infrastructure to service projected growth WIthout overburdemng other governments and theIr taxpayers." (Section 190.002(1)(a), Flonda Statutes) Community Development District Outline Page Two A CDD is not a substitute for a local, general purpose government unit, i.e., the City of Boynton Beach. A CDD lacks the powers of permitting, zoning, police and many of the other powers possessed by general purpose governments. A CDD's powers are stnctly hmited to planning, financing, constructing or acquiring, operating and maintaining community infrastructure. The 1984 Florida Legislature revised Chapter 190, which governs community development dIstricts, making it very clear that approval of a CDD does not constitute a development order as per Chapter 380, Florida Statutes. In addItIOn, the 1984 Legislature decided that: "Community development districts shall not have the power of local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning Act of 1975 A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general purpose government." (Section 190.004(3), Florida Statutes) The Flonda Statutes further provide that: It is in the public mterest that long range planning, management, and financing and long term maintenance, upkeep and operation of basic services for community development districts be under one coordinated entity" (SectioIl190.002(1)(c), Florida Statutes) By enacting the Uniform Community Development District Act of 1980 and reenacting it in 1984, the Legislature recogmzed that there are substantial public benefits from well planned community developments in Florida. That is one of the reasons the 1984 LegIslature revIsed and reenacted Chapter 190, Florida Statutes. 4 WHO GOVERNS THE CDD The CDD is governed by a five member Board of Supervisors, elected by landowners within the CDD The Board of Supervisors is responsible for Commumty Development District Outline Page Three a) Employing a DIstrict Manager to supervise all CDD operations, b) ApprovIng annual budgets for all CD D expenditures; and c) Submitting the CDD's annual plan and budget to the City of Boynton Beach for review and comment. 5 WHAT BENEFITS AND SAFEGUARDS DOES THE CDD PROVIDE THE CITY OF BOYNTON BEACH Several financial and administratIve benefits will inure to the City of Boynton Beach, including: a) The CDD assures that new growth will pay for itself wIth respect to capital infrastructure and the delivery of basic services, b) No debt or obhgation of the CDD will ever constltute a debt or obligatIOn of the City Most partIcularly, the ongoing cost of retiring debt associated WIth the 143-acre transfer and the cost of maintaIning same shall be borne solely by the CDD; c) The powers of the CDD are generally hmited to (i) financing, operatIng and maintaining CDD assets (ii) carrymg out its development parameters through full build-out, and (Hi) collection of taxes, special assessments and maintenance fees; d) The CDD cannot function other than as authorized to implement the planning and regulatory parameters approved by local government. The CDD does not have the power to adopt a comprehensive plan, building codes or land development codes, and Community Development District Outline Page Four e) EXIsting City controls over the land, including governmental planning, environmental and land development laws, regulatIOns, and ordinances continue to apply to all land within the CDD The City retains final authority as to the development of the land. 6. WHY WILL CONSTRUCTION ACTIVITY LIKELY INCREASE BY VIRTUE OF THE CDD When the CDD accepts the transfer of land and Infrastructure from Quantum Associates, it will levy certain assessments against Quantum land, equal to the cost of such land, installed infrastructure improvements, and apphcable transactIOnal costs. Through thIS process, Quantum Associates will be able to substantially reduce the price of all commercial, industrial, office and research/development land WIthIn the Park. Simply, as land sales accelerate, so should the number of new construction projects. Accordingly, a sigmficant number of new jobs should be created and the City's tax base increased. 7 HOW WILL THE INFRASTRUCTURE TRANSFER AFFECT QUANTUM ASSOCIATES Quantum Associates will remain as owner of approximately 318 acres of Improved land. A new marketing campaign will be ImtIated with prImary focus placed upon re-established land pnces. The contemplated transactIOn will not generate profit or fees to Quantum ASSOCIates or its respectIve partners. 8. WHAT WILL THE CITY BE ASKED TO DO Adopt an ordinance authorizing establishment of the Quantum Corporate Park Community Development DIstrict. SWD'dlm ~UG 2 2 1990 L.A"'" orl"'lCtS GREENBERG TRAURIG HOf"rMAN LIPorr ROSEN e. OUENTEL P A BRO.--..AO orrlce ~oo c...s' 8~Ow.RO IIOu\..tv.AO IJ ,......OOA rOA'l &.....AVOCADALe rLOPIOA -'J.)"'.. 1;)0~) ")6~ 0:'00 lCLCeo" (;)0~l7e.~ '.:.77 l211 @AtC"Cl..\.. ~V(...U( M,...,. rLo..,o... :\;)1;), ...,..... (:lO!!>! !!>79 O!!>OO e..o......o (:lO!!>1 !>lJ ell' 'CLl eo 3'"'' '(LCCO'" t30~) ~")9 07'") wCS"" PALM 8 [."C" orrlCC fe~1 roJ:tv"" PLAce SU"C 30" wCS P....L.M ec....CP"t r,-OAIO. :13.0 ,"0")16e;, 1;61\ 'C\..CCOID... (~071I)eJ, 0...., "'Lec"'", DCL c",sT,d.o PU::...S(.ACPL,Y TO (:10:.) ~P9 0722 ...,......, orr,cc 1\ugust 21, 1990 VIA FEDERAL EXPRESS Mr Dick Brown Vice President J C Bradford & Co 330 Commerce Street Nashville, Tennessee 37201 Re Quantum Corporate Par}. COlT\JT\uni tv Development District Dear Dic} This letter is to help you address certain concerns that have been raised by officials of the City of Boynton Beach relating to the e~tablishlDent of a cOlnInunity development district ("COD") for Quantum Corporate Park It is my understanding that the two main concerns that have been expressed are as follows (1) concerns over the scope of powers of a COD and whether a CDD can eypand its geographical boundaries: and (2) concerns over the city's responsibility for the debt of a COD, especially in a situation where the COD 1e~a~lts on its debt obligations Our firm has been involved, as either bond counsel, underwriter's counselor letter of credit bank counsel, in a number of COD bond financings We have served as bond counsel for two bond financings by Dunes community Development District (Flagler County): two bond financings by Gate....ay Services District (Lee County) : and one bond financing by Turtle Run Community Development District (Coral springs) We are currently serving as bond counsel for bond financings by Port of the Islands Community Improvement District (Collier County) and Capron Trail community Development District (St Lucie County) We have served as undervri ter' s counsel in connection vith bond financings by Indian Trace Community Development District (Broward County) and Gateway Centre Development District (Pinellas County) We have also served as letter of credit bank counsel in connection ....ith a bond financing by the St Lucie West service District (Port St Lucie) Kr Dick Bro....n August 21, 1990 Page J subiect of an eqreement bct\o/cen the district and a gov~rnmental entity and is consistent .....ith the local qovernment comprehensive plan of the local qovernment within which the project is to be located." wi th the consent of the local general-purpose government .....ithin ....hich the project is to be located, a COO additionally Cdn undertake improvements consisting of parks and Qther facilities for recreational, cultural and educational uses, fir~ prevention and control; school buildings and related structures; security; mosquito control, and waste collection and disposal See section 190 012(2) Whether the improvements to be undertaken are authorized by section 190 012(1) or 190 012(2), a CDD may only undertake such improvements subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies and special districts having authority ....ith respect to the area See section 190 012 with respect to the potential expan~ion of the boundaries of a COO, section 190 046 provides that such expansion can only be accomplished pursuant to the provisions contained in the Act for establishment of a COO See section 190 046(1) In essence, this means that the boundaries of the Quantum COO could not be expanded .....ithout the express approval of the city Since the Quantum COD .....ould be established by an ordinance of the city, the only manner in which the geographical boundaries of the Quantum COO could be expanded ....ould be through an ordinance of the C1ty ResDonsibilitv of city for COD Indebtedness In general, a local general-purpose government is not responsible for the bonds or other obligations of a COO section 190 002(3) .....hich, as mentioned above, contains the expression of legislative intent in connection ....ith the adoption of the Act, provid~s as follo....s "It is further the purpose and intent of the Legislature that no debt or obligation of a district constitute a burdGn on any local general-purpose government without its cbnsent " The responsibility of a local general-purpose government for the bonds or obligations of a coo is squar~ly addressed by Section 190 016(15), ....hich reads as follo~s ~-------- Mr. Dick Bro'WT1 J..ugust 21, 1990 Page <4 "(15) DEFAULT - A default on the bonds or obligations of a district shall not constitute a debt or obligation of a local general-purpose government or the state" The only exception to this rule ....ould occur if the ci ty assumes one or more of the facilities/services provided by the COO section 190 046(4), (5) and (6) provide the manner in which one or more of the community development services provided by a COO may be transferred to a local general-purpose government Such transfer may be effectuated only upon the adoption of an ordinance by the local general-purpose government providing for a plan of transfer The plan of transfer must, among other things, provide for the assumption and guarantee of the district debt that is related to the service by the local general-purpose government See Section 190 046 (4) Accordingly , it is onl v ""here the ci tv takes a ff i:.n-ati Ve ect~ on to acau Jre anc actua 11 v does acau ire a facili ty /service provided by the CDD tho:::.t the :i'ty would be responsible for the portion of the COD debt related to that particular facility/service I trust that the foregoing ""ill assist you in addressing the City off~cials' concerns regarding the po....ers possessed by a CDO and the City's responsibility for COO indebtedness In order to give you a better description of CDOs, I am enclosing here....ith a memorandum that we have prepared describing COOs The memorandum ....as prepared several years ago and does not incorporate certain recent amendments to the Florida statutes that affect COOs Nevertheless, ! believe that the memorandum ~ill give you a good general working knowledge of coos If you have any qu~stions c~ncerning any of the above, please do not hesitate to call me Very truly yours, ~U:/~ Albert A del Castillo MdC/cph Enc ~----- ~-~ ---~- ----- CORPORATE RESUME OF GARY L MOYER, P A A Professional Association formed March 8, 1982 for the purpose of providing professional managerial services to units of local government specifically Special Purpose Districts, providing underlYing infrastructure facilities and services to new community developments The principal of the firm is Gary L ment career in 1973 after receiving a Penn State University and a Master NotrC' Dame University Moyer who began his develop- Bachelor of Science Degree from of Business Administration from The corporation is actively involved in the management of the follow- ing Districts Coral Springs Improvement District Sunshine Water Control District North Springs Improvement District Pine Tree Water Control District Turtle Run Community Development District North Lauderdale Water Control District I ndian Trace Community Development District Gateway Services District - Lee County East County Water Control District Spring Lake I mprovement District Ridge Water Control District Tampa Palms Community Development District Dunes Community Development District Port of the Islands Community Development District Pal-Mar Water Control District We~t Lakeland Water Control District Springtree Water and Sewer District Coral Bay Community Development District St Lucie West Services District Parkway Center Community Development District Crossings at Fleming Island Community Development District The above listed Districts are located throughout the State of Florida in the counties of Broward Palm Beach Martin, Collier, Lee, High- lands, Polk, Hi llsborough and Flagler The management responsibilities can briefly be summarized as oversee- ing directly and coordinating the planning financing purchasing, staffing, reporting and governmental liaison for each District The firm has actively been involved in preparing and issuing in excess of $100,000,000 in bonds in 15 separate transactions and is responsible for the administration of the bond funds, which includes requisitioning monies to pay construction contracts and the related accounting and reporting that is required by each bond indenture Mr Moyer has served on the Board of Directors of the Association of Special Districts, the 208 Water Quality Board and the Broward Coun- ty Areawide C lean Water Advisory Board CHAPTER 190. FIDRIDA STATUTES REVIEW Section 190.005 (1) (a) Technical Sufficiency 1 The petitioner includes a correct metes and bounds description Estates Community Development District Petition (HECDDP) Page 3) (Hammock 2 The petition includes written consent including documentation of ownership of 100% of real property (HECDDP Page 4) 3 The petition supervisors includes the (HECDDP Page 5) designation of a five member board of 4 The petition includes the proposed name of the district (HECDDP Page 6) 5 The petition includes a map of the proposed district showing current water and sewer trunk lines and cost estimates (HECDDP Page 7) 6 The petition includes cost estimates for infrastructure construction and/or service provision (HECDDP Page 9) The petition does not include a timetable for construction of infrastructure 7 The petition includes designation of future distribution, location and extent of public and private uses of land in accordance with the City of Coconut Comprehensive Plan 8 The petition includes an economic impact statement similar to Section 120 54(2), Florida Statutes, as limited in scope by Section 190 002(2)(d), Florida Statutes The elements of the economic impact statement vary in their technical completeness An estimate of the cost to the agency of the implementation of the proposed action, an estimate of the impact of the proposed action on competition and the open market for employment, and an analysis of the impact on small business as defined in the Florida Small and Minority Business Assistance Act of 1985 are sufficient (HECDDP Pages II, IS, 16) However, an estimate of the cost or economic benefit to all affected parties directly affected by the proposed action lacks a rational nexus between the proposed literal benefits and the actual monetary/numerical costfbenefits considerations Page 12 of the petition attests their inability "to place a dollar value on all the benefits" In conjunction with the description of the benefits, a detailed statement of the data and the method used in making each of the above estimates is necessary to substantiate the scientific veracity of estimates The petition lacks verifiable methodology to quantify cash-flow, revenues, costs, financial benefits to future residents and potentially diminished ad valorem revenue from relatively lower property tax assessments ig} Community Development District Creation Policy Considerations and Factor Determinants 1 The petition includes statements which are true and correct to the degree that they can be verified (Aforementioned Items 1, 2, 3, 4 and 5) 2 The petition affects state and local goals and policies primarily in three areas, Housing, Governmental Efficiency and Plan Implementation The petition affects Housing goals positively if an index of affordable housing is achieved This goal area is unidentified in the petition Governmental Efficiency and Plan Implementation policies are affected adversely in a few areas Although certain unique instances warrant the creation of independent special taxing districts, the proliferation of small scale districts should not duplicate existing functional service systems and/or create another layer of bureaucracy in the provision of services or infrastructure Governmental Efficiency should be increased by streamlining the monitoring, evaluation of developments within its jurisdiction Plan Implementation can be hindered by the City having no control of the timing and area of capital improvement expenditures within the Community Development District Therefore, the local general purpose government lacks the appropriate operational authority to implement the policy directives established with the Comprehensive Plan 3 The petition creates a sufficiently compact and contiguous district to become an interrelated community There is a subjective question as to whether the proposed district is of sufficient size to warrant the creation of a Community Development District Economies of scale do affect the costjbenefit analysis of the project It is difficult to assess the threshold of feasibility of a project with technical methodology absent from the petition There may also be difficulty in obtaining five qualified dedicated supervisors to serve the district from a development of 105 units 4 Public Works, Engineering Division and the Community Development Department have commented respectively that infrastructure construction and site planning by a Community Development District would be similar in specification and construction to any other project under other managing and financing systems Therefore, the Community Development District does not create a better alternative to requirements of the Land Development Code 5 District services and facilities are not incompatible with capacity and uses of existing local services and facilities They are inconsistent to the degree that other existing mechanisms function to provide necessary services and infrastructure without the Community Development District method 6 Based on the economic impact statement, inconsistency of comprehensive plan goals and policies, the potential insufficiencies of threshold size, other acceptable alternative methods and similarity in Community Development Districts and Non-Community Development Districts adherence to land development regulations, a fair determination can be made based only on factors material to managing and financing the service delivery function of the district that the creation of the Hammock Estates Community Development District is not amenable to a separate special district government CNB/je (M-5571A) -. Chapter 190 Community Development Districts I 190 022 Legislative findings. policies and intent (1) The Legislature finds that (a) There is a need for the establishment of independent districts and independent district can constitute an economic way to deliver these basic services of capital infrastructure (b) It is in the public interest that any independent special district not outlive its usefulness (c) It is in the public interest that management for community development districts be under one coordinated entity (2) It is the policy of this state (a) That the needless and indiscriminate proliferation, duplication, and fragmentation of local general purpose government services by independent districts is not in the public interest (b) That independent districts are a legitimate alternative method available for use by the private and public sectors (c) That the exercise by any independent district of its powers comply with all applicable governmental laws, rules, regulations and policies governing planning and permitting of the development to be serviced by the district (d) That the process of establishing such a district be fair and based only on factors material to managing and financing the service-delivery function (3) The purpose and intent of the Legislature that a district created under this chapter not have or exercise any zoning or development permitting power that no debt or obligation of a district constitute a burden on any local general-purpose government without its consent 190 003 Definitions 190 004 Preemption, sole authority (1) This act constitutes the sole authorization for the future establishment of independent community development districts (2) This act does not affect any community development district or other special district existing on June 29, 1984 (3) The creation of an independent community development district as provided in this act is not a development order within the meaning of chapter 380 Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government (2) The exclusive and uniform method for the establishment of a community development district of less than 1,000 acres in size shall be pursuant to an ordinance adopted by the county commission (or City Council) of the county (City) having jurisdiction over the majority of land in the area in which the district over the majority of land in the area in which the district is to be located granting a petition for the establishment of a community development district as follows (a) File petition with City with same information as (l)(a) (b) Public hearing same as (l)(d) (c) City Council shall consider public hearing and factors of (l)(e) (d) City Council shall adopt ordinance consistent with ss 190 006 thru 190 041 and include (l)(f) (e) If district wholly is within City limits, City has sole authority (f) The City may transfer petition to FLAWAC within 90 days to be reviewed in accordance with subsection (1) After such a transfer of petition, the City shall have right to grant or deny petition (3) Existing special districts may include new service or facility provisions by reestablishing a new district 190 005 Establishment of district (1) The exclusive and uniform method for the establishment of a community development district with a size of 1,000 acres or more shall be pursuant to a rule, adopted under chapter 120 by the Florida Land and Water Adjudicatory Commission (a) File with Florida Land and Water Adjudicatory Commission (FLAWAC) 1 Metes and bounds description 2 Written consent including documentation of ownership of 100% of real property 3 Designation of a five member board of supervisors 4 Proposed name of district 5 Map of proposed district showing current water and sewer trunk lines and cost estimates 6 Timetable and cost estimates for infrastructure construction and/or service provision 7 Designation of future distribution, location and extent of public and private uses of land in accordance with the City of Coconut Creek Comprehensive Plan 8 Economic impact statement per S 120 54 (2) (b) Prior to filing petition I Pay filing fee of $15,000 to County and City 2 Submit a copy of petition (c) The City may conduct a public hearing (PH) within 45 days to consider factors (see paragraph e) of petition City may support or object the petition by resolution and be heard at FLAWAC hearing (d) A local public hearing shall be conducted by a hearing office per the Administrative Procedure Act Public Hearing shall be held at local jurisdiction Petitioner to advertise once a week for 4 weeks prior to public hearing (Notice to include time, place, legal description and map, etc) City and public may present written and oral comments (e) FLAWAC shall consider City hearing, resolution and the factors of this subsection to grant or deny a petition 1 Are all statements to be true and correct? 2 Is district inconsistent with state or local comprehensive plan? 3 Is district of sufficient size, sufficiently compact and contiguous to be an interrelated community? 4 Is district best alternative available for delivering services or infrastructure? 5 Are district services and facilities incompatible with capacity and uses of existing local services and facilities? 6 Is district amen able to separate special district government? (f) FLAWAC rule to establish district shall include 1 Legal description 2 Five person board of supervisors 3 Name of district DATE: July 12, 1990 COCONUT CREEK CITY COUNCIL AGlnDA ITlm RIPORT ITEM NUMBER ~o ITEM: AN ORDINANCE APPROVING THE HAMMOCK ESTATES DISTRICT (Ord No 116-90 - First Reading) DEVELOPMENT SUMMARY: COMMUNITY Adoption of this Ordinance will approve the Hammock Estates Community Development District within the Lyons West Plat The creation of this District will provide for members of the Board of Supervisors for the District The Planning and Zoning Board discussed Community Development Districts in general at its March 28 and April 11, 1990 meetings The Development Review Committee has comments based on their Chapter 190, Florida Statutes, review of the petition State and local comprehensive plan goals and objectives are affected by this petition Governmental Efficiency and Plan Implementation policies are affected adversely in a few areas Although certain unique instances warrant the creation of independent special taxing districts, the proliferation of small scale districts duplicates the provision of City services and infrastructure Comprehensive Plan Implementation would be impacted by the City having no control of the scope of capital improvement expenditures within the Community Development District Therefore, the City lacks the appropriate operational authority to implement the policy directives established with its Comprehensive Plan The petition affects Housing goals positively if affordable housing is achieved This goal is not identified in the applicant's petition DEPARTMENT: (continued on page 2) Community Development City Council Agenda Item Report No 20 July 12, 1990 Page 2 The petition creates a sufficiently compact and contiguous district to become an interrelated community However, there remains a question as to whether the proposed district is of sufficient size to warrant the creation of a Community Development District Economies of scale do affect the costfbenefit analysis of the project It is difficult to assess the threshold of feasibility for a project with certain financial technical methodology absent from the petition City staff has commented that infrastructure construction and site planning by a Community Development District would be similar in specification and construction to any other development projects under other managing and financing systems Therefore, the Community Development District does not create a better alternative to requirements of the City's Land Development Code The proposed district services and facilities are not incompatible with capacity and uses of existing local services and facilities They are inconsistent to the degree that other existing mechanisms function to provide necessary services and infrastructure without the Community Development District Based on the applicant's economic impact statement, it appears to be inconsistent with the City's Comprehensive Plan goals and policies Further, the potential district, which includes only 105 units may not be large enough to support a functional Community Development District without incurring economic hardship on the unit owners In addition, acceptable governmental services are currently provided to this area by the City of Coconut Creek Therefore, the creation of a Community Development District appears to be unnecessary to fulfill service delivery objectives Based on a thorough review by City staff of the applicant's proposal, I recommend the City Council deny the petition [:)~lrE::July 26, 1990 COCONUT CREEK CITY COUNCil AGEnDA ITEm REPORT ITEM NUMBER COMMUNITY DEVELOPMENT ITE:M: AN ORDINANCE APPROVING THE HAMMOCK ESTATES DISTRICT (Ord No 116-90 - First Reading) SUMMARY: Adoption of this Ordinance will approve the Hammock Estates Community Development District within the Lyons West Plat The creation of this District will provide for members of the Board of Supervisors for the District The Planning and Zoning Board discussed Community Development Districts in general at its March 28 and April 11, 1990 meetings The Development Review Committee has comments based on their Chapter 190, Florida Statutes, review of the petition State and local comprehensive plan goals and obj ectives are affected by this petition Governmental Efficiency and Plan Implementation policies are affected adversely in a few areas Although certain unique instances warrant the creation of independent special taxing districts, the proliferation of small scale districts duplicates the provision of City services and infrastructure The City would also lack the appropriate authority to implement the policy directives established with its Comprehensive Plan There remains a question as to whether the proposed district is of sufficient size to warrant the creation of a Community Development District It is difficult to assess the threshold of feasibility for such a small size district DEPARTMENT: (continued on page 2) Community Development City Council Agenda Item Report July 26 1990 Page 2 City staff has commented that infrastructure construction and site planning by a Community Development District would be similar in specification to other non-Community Development District development projects Therefore, the proposed Community Development District does not create a better alternative to requirements of the City's Land Development Code The applicant's economic impact statement appears to be inconsistent with the City's Comprehensive Plan goals and policies Further, the potential district which includes only 105 units may not be large enough to support a functional Community Development District without incurring financial hardship on the unit owners In addition, acceptable governmental services are currently provided to this area by the City of Coconut Creek Therefore, the creation of a Community Development District appears to be unnecessary to fulfill service delivery obj ectives Based on a thorough review by City staff of the applicant's proposal, I recommend the City Council deny the petition ADDENDUM A public hearing on the Hammock Estates Community Development District petition was held on July 12, 1990 and continued on July 16, 1990 Presentations, comments and questions were heard from the petitioner, public, City Council and City staff Responses to requests for additional information will be heard on July 26 1990 The petitioner has ten (10) days from the continued public hearing to respond to the City's questions, and at this time (July 23) the staff has not received any additional information The first reading of the Ordinance will be heard on that date ! , -- ,j \-~. " ",i " "- " o~ ::::.J ~Q ~~ 0:; ~(J.. 7~ en ~ g NO '- ~~ ~ ~ . \J10: Vl-.L ir Z E- ~ J1 -.I ir en Vln~ ..., ~ ~ :.0 G1C ~ -D~: - ""' ~ " U -... .r .( .( ~ 1>..-. I Q ~ c 0..... ~U J'_ ~ . Z I~< J>..... ;:. :c en VlJ> . :: E- ~ Z ~~ Z :.0 J> IJ - o 0 I ~ < 0 = ...... ...... ." :;,:; Vl i"N a S rv :.0 ---l W ..- (/) \.WI u.; ~ J> ...... w u.. Z ~ ..- n lJJ ~ - - ~e 0,\0 _ <'I ~ .<'1 ~;:sO u)~z l.1J l.1J . Zc::c;::; o OE-...J l.1JUO ~O> ~~ ~= ~~ =s ~= ~~ ~~ .-c~ ~ Q i ~ ~ (5 ...c:=, ., ~'= Cr.l ~ ~ .~ -h Cr.l .~ ~ ~ ~ l ~ ~ ~ ~ ~ ~ ~ -0 .~ o~ .., ..... ~ bO~ Q) ~ ~ J.-tA~ .- ..... 0 0 ::s ~...d d'" ~.., ~ c:.> ::S::SQ)E .., cd 00'" Q) . .... 00 $-i bO cd cd Oj~J.-t~ · .... 0 s:::; ~ ~..,..... Q).., ~""C ~ ""'" cd ...... o ~ t> ..... ......~j;>::s Q)~c:d~ >cdooO Q)Q)cd'" ~J.-t c:.> ..c:: I 'e 1:' 'O.~ . K . ::s i-l ~ 1-0 ~ U o ::2''''' 0..... 1-0 1-0.0 ~c.;;.,'-o .3 _ 00 A- 0 s:::: 0 . '0 1-0 ~ ..... ~ 2 s::::~<+-o e 1;; ~._ 0 <I,l ~ ... u....1-o t<l,lu..c::s::::..... 0'" <I,l....u s:::: ~ U ::2 <I,l e..... o 00 Po ~ s::::-5 <I,l <I,l::2 0 1-0...... ~ ~ ~=; ~ ~ ~_,_...oQ. .... Po ~ 00 0 00 5 Po..c:: ... S::::eu"'~<I,l ..... .... :> U o u <I,l'O ~ ;> S::::oouo.o- ~_I-o U s::::",~.......<I,l t:::: s:::: u..... e ~(/);>uu en e ::.......c::..c:: ....,.....,.,....... ..... ~_. i~. i; ...~ =~ ~ cxi ~ ~ ; = ~;= = ~ ~.~ ~~~ r? ..~ ~ ~ .~ ~ el ~ =~ n . ~ h r lo.. 3e Community- develoRment districts The developer a;s government Developers are turning to creating taxing auth9rities as a way to raise money to build infrastructure -~, BY LISA GIBBS . REVIEW STAFF WRITER S financing gets scarcer and growth management laws get stiffer , b~ild- ers .are stepping up use of a legIsla- tive. topl that allows them to form :..their. own governments and tax - ; ~ . themselves to pay for infrastructure. The 'tool is the co~munity development district (enD)~ a builder~e\!d- public .~ody that can lssue1>im'd'fto f'inane'e"ibings like roads and sew- ers.. The b\Jilders then tax themselves and, once . REAL ESTATE the property is sold, the new owners to payoff the bonds. Economic consultants, lawyers and builders tout enDs for helpmg developers comply wIth the new concurrency laws while cutting the cost of compliance through low-mterest bond financ- ing "If you have to normally borrow at a 12 per- cent interest rate and all of a sudden your costs have increased $3,000 or $4,000 per home, being able to borrow at 8 Y'2 percent is a potentIal bene- fit that at least offsets the costs," saId Fernando Zulueta, whose MiamI-based Excel Development Corp created two eDDs In Margate last No- vember New Interest m eDDs IS lmked to the advent of concurrency, the provlSlon of the state's 1985 Growth Management Act that reqUIres mfra- structure such as roads and sewers to be In place before buIldmg constructIOn starts Concurrency reqUIrements for Dade County took effect m mId- 1989, Broward County In late 1989 and Palm Beach County m early 1990 In the past 12 months, seven CDDs have been Fernando Zulueta, whose company created two eDDs in one city last November 'When you really strip away all the legalese and all the technicalities, you're really just looking at a high-powered homeowners association.' created, compared WIth 11 m the mne years be- fore The new dIstncts mclude three in Broward County and one In Palm Beach County for the Downtown/Uptown development m West Palm Beach The others are m Clay, Escambia, Hills- borough and St LUCIe countIes, according to the state Department of Commumty AffaIrs SEE CDD, PAGE 4 8 ~ 5.:3 e: q 0' ~ :3ot;'~r;~()""'OO (1)o..o....-~Oc.~(1> c.~g.o~(1)O~~~ cr 0 0 0 s:: ~ '" 0 0 _. 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Indeed, under our precedents, we clearly are required to consider the chilling effect the obscenity and RICO statutes will have on other individuals as a result of this case, Even a brief con- sideration of the majority opinion dis- closes how, in the real world beyond this courtro;om, the chilling effect will be very severe mdeed. Under the majority opin- ion, the possession or sale of "offensive" materials is equated with organized qime, drug smuggling, and murder-for-hire op- erati?ns - all of which also may be rack- eteenng offenses. the following :es at the )ulevard - ~ .../~;:.' . Pedros:a ~ . -\~ r -REAL ESTATE- ,<, Wed. Oct. 31 st Time 11 :00 A.M. 3 Condominium Office Suites AUCTION lOCAT1ON: ON SITE OF OFFICE BlDG 909 Center 909N.E.163rd Street, N. Miami Beach, Florida PREVIEWS: Thu. Oct 25th and Mon. OcL 29th 1:00 P.M. FEATURES: PrIvate Guard for Building; Locked Secured Entry; Reserved Undercover ParkIng; Elevetor Building' Additional Client Partdng , Nearby (within 25 yftl); Reltroom.ln each lUlte Call for Brochure BROKER PAR11CIPA11OH FEE 3% AUCTION DEPOSIT $15,000 CASH OR CASHIERS CHECK. CLOSING DATE FOR BROKER REGISTRATION: Monday, Oct. 29th 7% BUYERS PREMIUM If Tere Blanca Inc. 3r m! (3errard npany Much Salt tU Drinking? lpe salt Y ou'l\ find It m almost md dnnk :11t In Mountam Valley Water It's am Valley can be used m a salt free wn for natural hardness and ,us taste, Mountain Valley's spnng led m vlrgm timberland at Hot 5, Arkansas GeologIsts report the akes 3500 years from ram back to -mo It's nrotpctpn <;till mnrp In emly absurd and should not be permItted to stand. At a minimum, the draconian penaltie~ e~dorsed by the majority are unconstItutIOnally excessive. They offend ~as~c concept~ of due process by estab- hshing penaltIes out of all proportion to the harm that actually results in most in- stances from the activities involved. The state clearly can achieve the result it wishes using less drastic measures. Geographical happenstance Moreover, under the majority opinion, the question of what is or is not obscene will be decided entirely by geographical happenstance. Material considered ob- scene in one part of Florida will merely be lawful entertainment elsewhere. Persons buying or selling such entertainment may be "racketeers" in one place and up- standing citizens in another And all LL\o.l~ V(;! ;;)VU"U dULUJJU11J.) uHU lilL. .l 16Ht. V free inquiry This is the very essence of our democracy Anglo-American law rests on the principle that rules of law must be neutral. While many of us in our hearts disagree with some of the activities protected by constitutional rights, we nevertheless must recognize that these same rights protect other activities that we ourselves hold dear An unequal applica- tion of law jeopardizes not merely the de- spised, but also the cherished. In this case, the application of the law approved by the majority is not merely inequal. It is excessive and out of all pro- portion to the actual harmfulness of the defendants' activities. It is directly con- trary to Florida's privacy amendment and the guarantees of due process and free speech, not to mention common sense. I respectfully dissent. At CDDs, it's one acre, one vote CDD, FROM PAGE 4 for thousands of people and they can walk away from it," said Patti Webster president of the Environmental Coalitio~ of Broward County "It's so important that the developers' money be involved and not future people who had no choice in the decision." An outcry in Weston last year when assessments jumped from 600 per~t to I,~ percent to cover bond payments conung due, prompted state Rep. Walter Young, O-Pembroke Pines, and state S~n Howard Forman, D-Pembroke P~es, to propose a law requiring clearer dIsclosure of the district's taxing author- ity ,in sales contracts. That bill passed dunng the last legislative session. "Hundreds of people were just shocked," Young said. "They were not aware that they were a member of the community development district." Broward County Commissioner Scott Cowan, who is running for re-election, in August dropped out of a CDD manage- ment company be formed with a former Oavie mayor. and his campaign manager, Samuel S. FIelds, who is of counsel with Ruden Barnett. . Cowan was criticized .sharply. for his mvolvement in a fum ,with close ties to developers, even though he said be would not do business with Broward developers. "Even though I knew we were never going to take business that would be a conflicts, no one else knew that," Cowan said. "I felt it was best just to get out of the business. That was the beginning and the ending of my career in COOS." Zulueta defends CDOs against the claim that they are shadow governments by comparing them to homeowners asso- ciations. "When you really strip away all the le- galese and all the technicalities, you're really just looking at a high-powered homeowners association," he said. "But, in my opinion, because they're more heavily structured and regulated, they have to do a better job " - ~ ~ WE'LL KEEP ALL YOUR CORPORATE G.-FTS.e.. FROM GETTING OUT OF HAND ~_I . ....................,.......... ...-............F ':""0-;':'-' -". :.: . yilT I i\ P ~ I R 1 T I (- I r-IC-TC. FI",rp~ Fn 1---l(J In.AS CARDS Af'.:D ORDINANCE NO AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, CREATING THE HAMMOCK ESTATES COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO F S 190005(2)(e) ENCOMPASSING PORTIONS OF LAND IN TRACTS 38 AND 39 BLOCK 93 ACCORDING TO THE PLAT OF PALM BEACH FARMS COMPANY NO 3, AS RECORDED IN PLAT BOOK 2, PAGES 45 THROUGH 54, INCLUSIVE OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA TOGETHER WITH THE SOUTH 1/2 OF THAT CERTAIN 30 FEET ROADWAY LYING NORTH OF AND ADJACENT TO SAID TRACTS 38 AND 39, SAID LANDS SITUATE IN THE CITY OF COCONUT CREEK BROWARD COUNTY, FLORIDA, PROVIDING FOR THE MEMBERS OF THE BOARD OF SUPERVISORS FOR THE DISTRICT, PROVIDING FOR THE NAME OF THE COMMUNITY DEVELOPMENT DISTRICT AS THE HAMMOCK ESTATES COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR SEVERABILITY PROVIDING FOR AN EFFECTIVE DATE WHEREAS the Florida Legislature has passed the Uniform Community Development District Act of 1980 (otherwise known as Chapter 190, Florida Statutes) to provide an alternative method to finance and manage basic services for community development, and WHEREAS Excel Development Corporation, a Florida Corporation has petitioned the City of Coconut Creek to grant the establishment of the Hammock Estates Community Development District, and WHEREAS, a public hearing has been conducted by the City Council pursuant to the requirements and procedures of Section 190 005(1)(d) Florida Statutes, and WHEREAS, there is a need for the establishment of the Hammock Estates independent district which can constitute an economic way to deliver the basic services of capital infrastructure, and WHEREAS it is in the public interest that the Hammock Estates independent special district not outlive its usefulness, and WHEREAS, it is in the public interest that management for community development districts be under one coordinated entity, and WHEREAS, the needless and indiscriminate proliferation, duplication and fragmentation of local general purpose government services by independent districts is not in the public interest and should not occur with the creation of the Hammock Estates Community Development District and WHEREAS the Hammock Estates Community Development District is a legitimate alternative method available for use by the private and public sectors and WHEREAS, the exercise of the Hammock Estates Community Development District of its powers comply with all applicable governmental laws, rules regulations and policies governing planning and permitting of the development to be serviced by the district and WHEREAS the process of establishing such a district be fair and based only on factors material to managing and financing the service-delivery function, and WHEREAS, the Hammock Estates Community Development District cannot exercise any land use, zoning or development permitting power and that no debt or obligation of the district constitute a burden on any local general-purpose government without its consent, and WHEREAS, the creation of the Hammock Estates Community Development District provided in Chapter 190 Florida Statutes, is not a development order within the meaning of Chapter 380 and WHEREAS, the Hammock Estates Community Development District does not have the power of a local government to adopt a comprehensive plan, building code, or land development code, and WHEREAS, the Hammock Estates Community Development District shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government, and WHEREAS, the City Council has considered the record of the public hearing and has decided that the establishment of the Hammock Estates Community Development District is in the best alternative means to provide certain basic services to the community and WHEREAS the City Council finds that establishment of the Hammock Estates Community Development District is in the best interests of the residents of the City of Coconut Creek NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COCONUT CREEK, FLORIDA Section 1. That the foregoing Preamble is hereby ratified and confirmed as true and correct by the City Council of the City of Coconut Creek Florida Section 2, That the petition to establish the Hammock Estates Community Development District is hereby granted Section 3. That the external boundaries of the Districts are those described in the attached Exhibit "A" Section 4. That the initial members of the Board of Supervisors shall be as follows Mike F Balais Vice President, Excel Development Corporation 6262 Bird Road #31 Dade County, Florida 33155 E Daniel Lopez Vice President, Excel Development Corporation 6262 Bird Road #31 Dade County, Florida 33155 Davis Schack Vice President, Excel Development Corporation 6262 Bird Road #31 Dade County, Florida 33155 Alina Orriols Excel Development Corporation 6262 Bird Road #31 Dade County, Florida 33155 Mike Verdeja Excel Development Corporation 6262 Bird Road #31 Dade County, Florida 33155 Section 5. That the name of the District shall be "Hammock Estates Community Development District" Section 6. That in the event any provision or application of this Ordinance shall be held to be invalid, it is the legislative intent that the other provisions and applications hereof shall not be thereby affected Section 7. That all Ordinances or parts of Ordinances in conflict herewith are to the extent of said conflict, hereby repealed Section 8. That this Ordinance shall take effect immediately upon its passage PASSED FIRST READING THIS DAY OF 1990 PASSED SECOND READING THIS DAY OF 1990 Ron Greenstein, Mayor Attest 1st 2nd Greenstein Goldsmith Angela A Bender, CMC/AAE City Clerk Shelley Mastronardy CNB/je (ORD 050) Schneider EXHIBIT "A" LEGAL DESCRIPTION OF THE REAL PROPERTY INCLUDED IN THE DISTRICT All of Tract "C" of Lyons West Plat accordIng to the Plat thereofrecorded in Plat Book 137 Page 40 of the Public Records of Broward County, Florida formally descnbed as Tracts 38 and 39 m Block 93, according to the plat of Palm Beach Farms Company No.3. as recorded In Plat Book 2 at pages 45 thru 54 inclusIve of the Public Records of Palm Beach County, Ronda together WIth the South 1/2 of that certain 30 feet roadway lymg North of and adjacent to saId Tracts 38 and 39 SaId lands situated in the City of Coconut Creek. Broward County. Ronda and contamIng approxImately, 19 acres. The metes and bounds descnpnon of the real propeny to be included In the distrIct IS as follows BegInmng at the Southwest corner of Sald Tract "C", thence N 01- 43' 59" E a distance of 675.00 feet; thence S 88- 18' 31" E a dIstance of 1220.00 feet; thence S 01' 43' 59" W a dIstance of 675.00 feet; thence N 88- 18' 31" W a dIstance of 122000 feet to the pomt of beginnmg. The Tax Foho number on the aoove descnbed propeny is 8230-01-004 There is no real propeny withIn the extemalooundanes of the dIstrict whIch IS to be excluded from the district Hammock COO - Petition. Version: 5/31/90 · ---------------" LYONS WEST HAMMOCKS ESTATES ~-JI CITY COUNCIL July 12, 1990 COCONUT CREEK PKWY. ][J~liL CITY OF COCONUT CREEK COMMUNITY DEVELOPMENT DISTRICTS DEPARTMENT 0' COMMUNITY DEVELOPMENT <4800 WEST COPANS ROAD POST OFFICE BOX 63/4007 COCONUT CREEK. FLORIDA 33063 TELEPHONE (305) 973-6756 7/12/90 M.D W CITY OF COCONUT CREEK INTER OFFICE MEMORANDUM To: Craig N Benedict Director Community Development 0a1e: June 11 1990 From. Clay Ervin Planner II ,:-:-L~ Subject: Hammock Estates Community Development Districts I reviewed the Hammock Estates Community Development District Petition based on Chapter 190 Florida Statutes The petition does address the technical requirements of Chapter 190, yet there are specific items that must be answered to properly evaluate the Community Development District 1 How can the Community Development District improve the landscaping when there is an existing site plan which requires landscaping that meets City Code requirements? 2 There is existing water and sewer lines near the site which handle the 105 units proposed in the Hammocks Estates site there any outstanding concerns that would warrant the additional funding via the Community Development District? can easily plan Are need f0r 3 What impact will the creation of this District have on the availability of tax free bonds in the area? I cannot recommend approval or denial but I offer the pros and cons of the Community Development District PROS The creation of the Community Development District will guarantee collection of all maintenance fees and strict adherence to "Home Owner" association regulations All fees and regulatory actions are ensured because the Community Development District operates through the County Tax Assessors Office All fees or fines are included in the property tax as special assessments This eliminates the need for City staff participation in administering and enforcing the various development regulations The Community Development District may expedite the development of vacant land by providing a secure form of funding outside traditional lending institutions CONS The overall goal of Chapter 190 is to reduce the substantial cost of providing infrastructure to developments If infrastructure costs are reduced, then affordable, above standard development should occur The Community Development District is especially beneficial in situations where there are not any existing infrastructure facilities, or in redevelopment situations, or where antiquated facilities must be replaced Hammock Estates is not a redevelopment project, nor does it have outstanding infrastructure concerns Also, there are existing Craig N Benedict June 11, 1990 Page 2 site plans, engineering plans and landscaping plans that will ensure proper development of the site Finally, the Hammock Estates shall maintain a high quality development because of existing Planned Unit Development and Home Owner's Association requirements An over-riding concern would be the cost and the affordability of the homes The petition does mention reduced cost and increased benefits to the home buyers, the City of Coconut Creek and the developer, yet no quantifiable calculations have been provided It would help City staff if the price per unit as a Community Development District is compared to the approved site plan price per unit CE/je 455 -M- 90- 5541 ...... .. 1 il,in.. ' H~ I1HUU1~ j~~blatl\ e hlllt~~ lOll:!" .' PTIf ~ JII'-r ~ '- '-' , ..., '1ft; J' "I /"""''1' om 1 B a11l'3Dt to be astN ... .-, for I ~~" LJI"'. ltt John French is' ... fue sutioll. . saill 4{'f;~L,';;: U groups incl~~ 11aey loot at ~ lite. 1Iow dlr. "",,,Ii.;'1 . Southwest Florida ~ you ask me. -. sUI. I,,~ I- tJ:::, District and the One ~ ~ said IOthln, ~"JI; .lfit;..-.on and bi1l~--:- ...6 ~ cUoged JIm Watt. ... repreHntl . ~ffZ~ .... that if SOCiaJiziac _ West PmD BNcL said . arpeI for I,~ ,~' en a scale of 1 to II .. JecislatDi j1at as . aI1Ap Us. H. '''II, l~ 1ear ' I a D!'\I'er C08Jd wiae ... .. Jecislatol'l I" ; ,;::age. lobbyist is bend to ~ city IDODeJ H salt. MIll die bud,~ ."iI 'hI' ... .'I~l1d. ~ Jaasnl Hrt ~ ~ be ltn t .,'/ /11'#11 ~h lobbyist Ka.., astiDg for maaey dIis"/flll ''''I:::~I It..J~if1IIUCh a tilht bedpt. ~ ,DaJey b..-.l.'f said dIM most lob- .",; , .. 8DCOmtortable astiac byists are more teIR ... ftef and t. ""i,,;/Wrnaters who are fon:i!Jj .. IamUers are ftI'1 {ILl. :~ of ethlCl . ~ and health __ ~ pideJiDes '"'ftey're aIM I ty tryinJ to ,..., --- "" --.cu IIIIake a poiDt. - Rep. Ray liberti finds lobbyists trying new WIYS to get his vote 00.375710 J'r~,/:/1t;l""~ lIMn that 0 . NOncE OF HEARING ~f. 1;l.hf!.;'~~_at 6:00 ~~~~~ 1lIldayolMlr. 1"1.........01.. Cltr c~ ~ '!!...-.!.. ~ .tl~~' ......"'V Is fo ~.....,- - $ ~ 100 ~.......... ~ 10""'" - .-- 3~~5. I! ."Ifft. I.' '.r ~ in ChapNr ,;:---......... .... . . ....0.-- CoqIolGtI ,.,. e~ 0. IlcpA!llnt D1ttrlcf i~l, .~... ~""'-t, and .. . ,............. . do. 1It'1 ................. will'" _ to ........ .. petlIioMr .,y L. . 4 ~ District. ............ . fair CIIId ..... ... I ~ ........,., -' wrflMlI ........ ,....,. to IIle 'If'It'Ii/.,' . ,. ~ _oti.-..... ~__ ..._ ' . I '1 - ....__. ~~"""'"7 IVF nw ---.& ~.. " /I r, . '/ .. included in .... -. , J.... DiIIrid is 0..- '" ..... ...... " //l"li'l. J/!:- Park, 01 ~:.:~ DiIhr~af"""""" _..............~~..,......... wIlMIy wtIhIIt /,.~Ill~ t. ,~ establishment af ...... ~ · ..... Al.-l,. 1 ............. II .. .... ....... '/II4/1i L "1:""""-0 and other ~ ~ ~ ~ Da Ihpl"l" DlIIMt'" ........IalI4................ - that ~ '/f./'ljl" fI'~ local or....,":; ,..,.,...toA [1IJ .a..........._....--:::::~ /./ .,I~.l).~. .,..,......'LCOIIIIIIUrIi!Y.. . ...-.................0iIIrid......... "'<1 1ft. I" 't1I _foarppeo/ '..' /IN 'II ",,1 ,. tl...~pr~eeding.. anda:::-......,..~ ~1'1 ...................~<II."............~::-~ , t.,., .LA....1estimony and rAcMnc. .........,...-r......................~....."'M...... . J L /1 'pw"" ""'-- -' ... .... .. ---,. 10 L_ L......... ~1'1f' (,/~., .."..-..a under.... foIDwi.g ---. -- , ~ I .,f,M.~.". at Iloynron ......13.... "'1/'1 't. :1 Beach, PJ.D.......... loA. -.1M. flat... Sf. - .. ~ ,It _... MIl...... of Palm ..... ''I ,lj; ~'''' ~ark at .--- - · J "'I'~ I,W~ '~ Iloynron Beach, 'J.D. ......... 1. -.1M . fIat..1J..... .... 113.-'" MIl..... of Palm ..... .. .., '" at ~ Beach "~ I' It . 'J.D. ... ....1. .-..... ... .... Ir...... .... w. ... ... .......... .. ,. ..... ~ . 1 '" at Ioyman ..... /fI'II. .....' ' ,J.I)........I,.-.w......... .......... 3'........... 1M........ of" '40 '" .1Ioynron.... , '''lfihl IN;' fIIorida, /eq and .:a", ~.......~ '-*' ill ...... sr..... .......... ,....... ...... MIc ....... .,~,.., , Mat Io)onron Ileadl, ............_...........,J.D....... ,......ICt4Wtw. t/oj/ " . "fie laid Piot. ~",~ .... 5. ..... . flat ... sr. ... 1." ,... ...... .. ......,.,.. ...... "lit . r~' ". M at ~ Ileadl, -..... ... S416............. MIlt ......... .... ew.,. ....... " ,.' '7/ . .,or on the IOId Plat .lQ...............w. flat ... Sl ... 1M ..... ... ~ ..... te SlIMfeI\ h'l ' )~ ~Official Recorda ....... ill 0fIcW..... Ioal ss'-........ ~ ,.... .......,... 1M 1H1t,.~",f' . i,,/~ under'.I 0 ~~;~2I63.aI...PIIbk....... ...........C~..................,... ,1. -.. at 8oymon ~ --..I~. I ",,~ ' ""'''Iaid Plat. ~ :t:i:'...~! -.1M........ sr...... 1M" '" ~J =or~... .. -.-, that WOI --... S4I6. ... ...... MIlt.......... · I.",. ... at 8oynron Ileadl. =. .., '.LO. ... Na. 11 J"-_ t..... ..........- .. ...... ........ " . . . .. ..................... "'.. ,,,... .~,...-- .-- - ''''''' .at~Ieadt,'J~ ' .",,__. ~.J '.. ........\1."..1l.-.. >.:,. .. ......... ,,,,, ~~....., . ~. ~ ......;:- .:~. "', <' ;". , ~."",lIiodt., ,..1 . ; ,~",,,,,,,,{!." ; ,.. ..~_~i;iip.E ~.....,. . .'. l'''' .....,.............. . Ji,.~~~.'~" 0 ~,--, > . .' r ' " ..... "~~~..~ tJ.~ ~...4...~.. .t~,,* ~.I.U .fJ1 PROTESTjfrom I B About 210 peop) tion objecting to th(' And . member t Elementary School f ry Board said be has for . weeklong IoU. send the message tll should 'enhance, rw roent, education. Thm Deringer sa I would run through S;.. Schools Superin: MUls called the par rally". positive sign .~ }Jrj ( on AQUA-I'RESH TOOTINSTE 4.,01. 141 ==J! 7aE :i~( ... Porce, of lond lying in Section 21 Township 45 South. Range 43 East. County of Palm Beach, State of Florida and more porticularly as fe'lows: 40,00 feet of the Northwest one-quar1er (NW 1/4) of said Section 21 lying north of the North right-of-way line of the Boynton Canol (0 1-" ",,'Qj easement) acquired by the c.ntrol and Sovthern Flood Control District os recorded in Officiol Records Book 1064. Page 45 of the Public ,Records of said County and South of 0 line 367 49 feet North of (os measured at right angles) 10 the said North right-of-way line, said line also "being the North line of that certain porcel conveyed 10 Curt G. Joo-Inc,. os described in a Deed recorded in Official Records Book 1711, Page 371 of the Public Records of said County LESS AND EXCEPT the fo/lowinv described ""' porcels: I Lot 92 of Quantum Park at Boynton Beach, P.1.0, Plat No, 3, according 10 the Plat thereof recorded in Plat Book 60, Pages 29 through 31 inclusive, in the Public Records of Palm Beach County, FlOrida. 2, Lot 51-B of Quantum Park at Boynton Beach, P.1.0, Plat No, 4, according 10 the Plot thereof recorded in Plot Book 57 Pages 186 through 188. inclusive, in the Public Records of Palm Beach County, Florida, 3. lot 55 of Quantum Pari< at Boynton Beach, P,I.D, Plat No, 5, accorolllg 10 the Plat thereof recorded in Plat Book 57 Pages 189 and 190. in the Public Records of Palm Beach County Florida_ 4. Lots 46-B. 46-C, 47-D and the South 71.53 feet of Lot 47-B. of Quqntum Park at Boynton Beach, P.I.D, Plat No, 10, according to the Plat thereof recorded in Plat Book 60, Page 34, in the Public Records of Palm Beach County, Florida, 5. Lift Station site at the northwest corner of Water MGnagement Tract A. of Quantum Park at Boynton Beach, P.I,D. Plot No. 1 occ:ording 10 -dI. Plat th.reof recorded in Plat Book 57 Pages 182 and 183, in the Public Records of Palm Beach County, Florida. 6. Tract 'C" (High Ridge Road) of Quantum ParIt at Boynton Beach, P.I.D. Plot No.8, according 10 the Plat thereof recorded in Plat Book 57 Pages 196 and 1m of the Public Records of Palm Beach County, Florida, 7 Lot 89-14. and a portion of lot 89-8, Plat of Quantum Park at Boynton Beoch, P.I,D. Plat No, 8, according to the Plat thereof recorded in Plat .&ok 57 Pages 196 and 1m of the PvbIic Records of Palm Beach County, Florida, the befOft said included portion of Lat 89-8, being more porticularly described os follows: Beginning at the Northeast Corner of the befOft said Lot 89-14., ~ South 88 24'22" East oIong the North line of said Lot 89-8 43.08 feet; thence South 0 I 35'38" West 241 17 feet; theta North 88 24'22" West 265.43 feet 10 a point coincident with the East right-of-way line of High Ridge Road as recorded in the Plat of Quantum Park at Boynton Beach, P.I,O, Plat No.8, in Plat Book 57 on Pages 196 and 197 of the Public Records of Palm Beach County Florida; thence Northwesterly oIong a cu...... to the right with an arc distance of 45,45 feet, deha angle of 5 47'14" radius of 450.00 feet; chord distance of 45.43 feet and chord bearing of North 30 55'46" West to the South~ Comer of said Lot 89-14.; thence North 66 36'00" Eost 272,28 feet 10 the ~ Comer of taicl Lot 89-14.; thence North 01 35'38" East 87.81 feet to the point of !M9inning, 8. Lots 4, 4-14.. 4.8, .5 and 5-14. of Quantum Park at Boynton Beach, P.I.D Plat No, 2, according to the Plot thereof recorded in Plat Book .57 pages 184 and 185. in the Public Records of Palm Beach County, FIorido, 9 Lot 20 of Quantum Park at Boynton Ileach, P.I.O. Plat No.2, occording to the Plat thereof recorcletl in Plot Book.57 Pages 184 and 195 of the Public Records of Palm Beach County. Florida, '. 10, Lot 51-0 of Quantum Park at Boynton Beach. P.I.O, Plat No. la, occording to the Plot thereof ..&rcMdin Plat Book 60, Pages 34 through 36, in the Public: Records of Palm Beach County, FIorido, · ~ Publish: April 8, 15, 22, 29, 1991 , -------------------. .f t.~ ~ ), J~ ~~, ?f . tt': d- ~ -:" v' r~ -t it. ?~! '. . _._~ '"!'I- i;:" -~.......,. \ ' r.r..~~ ..,. t ;~-<;. ti'! I :!~.__.._.- ;~,~-,--" .:~~~~ .~ q~<u' e~~' ~ ..]lI",UL.C 199 JOHNSON'S BABY POWDER 90Z 159 LENS PLUS SAUNE SPRAY '2OZ 399 TIM. CI.EJ CLEAN. . ME-PRICEO .. =19~ PRICES ON WEeKLY SPEC I~ '1.09- 2Ursr ~l .,TTlE '3.3' NOr AU 'M:J{AIRS A V""'" IN AU. IIA ~ . Rite Aid Pharma~ acc~ most maJ( prescriptions pian RITE A ARE . ~ElL~ GLADe -BOYNTON ~EACH ,t.~fJ.\". e~CH . GREENACRES CIT' YOVR LOCAL ':(#4-*.'';''- ~. .... ~JiUt~", '~_""r"" .~o. i'f./J f" ~-. '::& .. -i: ,~....-:., ". - ~f ~~ :: - ~~= "'~':I1~If-i ,... :: ';~(!.L':":'. ~ ~ -,~~ r .-r ~ _-_, Jll-\\ol ,~...... STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE TALLAHASSEE FLORIDA ]2]99 BOB MARTINEZ Gowemor THOMAS G. PELHAM SecreUry February 27, 1990 M E M 0 RAN DUM TO Conference Participants FROM: Sonia R Crockett, Administrator 5A?C Special District Information Program SUBJECT: Draft of Florida Special District Handbook One of the duties of the Special District Information Program, as prescribed by the Uniform Special District Accountability Act of 1989, is to publish a Florida Special District Handbook Attached is a copy of the draft of the handbook. Due to time constraints, we have not written text for every section; however, the table of contents outlines the subject areas to be covered by the handbook We would appreciate input from individuals who are involved in the day-to-day operations of special districts. Are the important subject areas covered? If not, what other topics would you like to see included? Is the text understandable? Are there factual errors? We ask that you submit written comments to the Special District Information Program no later than April 10, 1990. We expect to mail a finalized copy of the handbook in June to all special districts on our mailing list. To avoid any confusion, please discard the draft version at that time. Although the draft handbook may be used as a guide, changes to the text are likely to be made. Therefore, at this time it is recommended that you either refer to the legislation which is included in your conference package or contact the special District Information Program at (904)922-5431 regarding program questions SRC/sss Attachment EMERGENCY MANAGEMENT . HOUSING AND COMMUNITY DEVELOPMENT . RESOURa PlANNING AND MANAGEMENT -- :;,.... - Florida Special D is trict Handbook \)~~~~ February 1990 FLORIDA SPECIAL DISTRICT HANDBOOK TABLE OF CONTENTS INTRODUCTION* HISTORY OF SPECIAL DISTRICTS* SPECIAL DISTRICT INFORMATION PROGRAM* SPECIAL DISTRICTS DEFINED* Independent Special Districts Dependent Special Districts . TYPES OF SPECIAL DISTRICTS* statutorily Created Special Districts other special Districts. CREATION OF INDEPENDENT SPECIAL DISTRICTS*. CREATION OF DEPENDENT SPECIAL DISTRICTS* MERGER OF SPECIAL DISTRICTS* DISSOLUTION* FEES ANNUAL FINANCIAL AUDIT....... .... . FINANCIAL REPORTS.................. RETIREMENT SySTEMS................. BOND REFERENDA/ISSUANCE . AD VALOREM TAXES/NON-AD VALOREM ASSESSMENTS . FINANCIAL DISCLOSURE.......... .. . .. . rf~ {~{ ~ r?~ L~~)w{Yj~ U Page ..1 3 .7 . . . . . .. . 9 ...13 15 . . . . . . . . . . . MISCELLANEOUS REPORTING REQUIREMENTS . . *Text not available for these sections at this time. i . 18 20 ~OOffi~TI MEETINGS 21 REGISTERED AGENT AND REGISTERED OFFICE 22 ELECTIONS 23 General Requirements and Procedures... Special Requirements and Procedures for Districts with Governing Boards Elected on a One-Acre/ One-Vote Basis 23 25 PUBLIC FACILITIES REPORTS AND COMPREHENSIVE PLANS 32 SUMMARY OF INFORMATION TO BE SUBMITTED TO THE DEPARTMENT OF COMMUNITY AFFAIRS 35 FAILURE TO FILE CERTAIN REPORTS 40 PURCHASE OR SALE OF WATER OR SEWER UTILITY 43 DIRECTORY 45 *Text not available for these sections at this time ii @fl1fiJfFTr FEES Beginning in fiscal year 1990-91, costs associated with administration of the Uniform Special District Accountability Act of 1989 are to be paid from two sources For each assessment period (July 1 through June 30), each special district is assessed an annual fee which is used to pay one-half of the costs for the upcoming fiscal year The balance is provided through state general revenue funds The procedure for payment is as follows 1 For the assessment period covering July I, 1989 through June 30, 1990, each special district must submit to the Department, no later than April 16, 1990, a fee in the amount of $175 2 Thereafter, on or before January 1 of each year, each special district must submit to the Department a fee for that assessment period in the amount of $175 Fees collected in January will be used to fund the upcoming fiscal year. 3 All special districts on the lists provided by the Office of the Auditor General, the Department of Banking & Finance and the Department, as well as any other special district of which it is aware, will be sent notification of the fee prior to the due date This notification will be sent by regular mail; however, failure of a special district to receive the notification will not excuse the district from its obligation to pay the fee 4 Special districts created within the current assessment period are required to remit a fee to the Department for the assessment period in which it was created, based upon the following schedule: a. Districts created between July 1 and September 30 must pay a fee in the amount of $150 b Districts created between October 1 and December 31 must pay a fee in the amount of $100. c Districts created between January 1 and March 31 must pay a fee in the amount of $50 d Districts created between April 1 and June 30 must pay a fee in the amount of $25 These fees are to be submitted to the Department within 30 days of the district's creation. Fees for subsequent 1 ~J[ff1w[FlJ assessment periods must be submitted to the Department in accordance with 2 above 2 ~ (VI IRl1r?CJI LY.,) l.J lli.Jlj U U ANNUAL FINANCIAL AUDIT Chapter 10 550, Rules of the Auditor General, and section 11 45, Florida statutes, require certain local governmental entities to be audited on an annual basis They also specify the criteria to be used in the performance of the financial audit and in the form and content of the audit report Subsection 11.45(1) (b), Florida Statutes, defines "financial audit" as " an examination of financial statements in order to express an opinion on the fairness with which they present financial position, results of operations, and changes in financial position in conformity with generally accepted governmental accounting principles and an examination to determine whether operations are properly conducted in accordance with legal and regulatory requirements." The Auditor General, at any time, may make financial and performance audits of the accounts and records of all Florida governmental entities The audits may be performed upon a determination of the Auditor General, upon direction of the Joint Legislative Auditing Committee or as otherwise required by law or concurrent resolution. If by July 1 in any fiscal year a local governmental entity as described below has not been notified that a financial audit for that fiscal year will be performed by the Auditor General, it must have an annual financial audit of its accounts and records 1 Municipalities with either revenues or expenditures of more than $100,000 2. special districts with either revenues or expenditures of more than $25,000 3 Special districts issuing bonds in an amount greater than $500,000 with an original maturity date in excess of 1 year from the time of issuance 4. All county agencies In addition to the above requirements, special district administrators should also be aware of any financial audit and reporting requirements specifically applicable to their particular district. For example, a district's charter may 3 ~WfiJ[?u require annual financial audits regardless of the dollar volume of revenues or expenditures and may require publication of certain financial information All reports required to be filed with the local governing authority must 1 When the local governing authority is a county, be filed with the clerk of the board of county commissioners; 2 When the district is a multi-county district, be filed with the clerk of the county commission in each county; and 3 When the local governing authority is a municipality, be filed at the place designated by the municipal governing body The annual financial audit of a local governmental entity's accounts and records must be completed within 12 months after the end of its respective fiscal year, by an independent certified public accountant retained by it and paid from its public funds The Rules of the Auditor General, chapter 10 550, require that in addition to other information a management letter be prepared and included as a part of each financial audit report "Management letter" as defined in the Rules of the Auditor General, subsection 10 554(1) (k), means " .a statement of the auditor's comments and recommendations to include but not be limited to 1 Whether irregularities reported in the preceding annual financial audit reports have been corrected, 2 Whether recommendations made in the preceding annual financial audit reports have been followed, 3. Recommendations to improve the local governmental entity's present financial management, accounting procedures, and internal control, 4 violation of laws, rules and regulations discovered within the scope of the financial audit which mayor may not materially affect the financial statements, 5. Illegal or improper expenditures discovered within the scope of the 4 r f~! ~) ~ ,r21-? L:.. ' ....J 'i ~ "-~ _ t I -~ W financial audit which do or do not materially affect the financial statements, 6 Other matters requiring correction which mayor may not materially affect the financial statements reported on, including, but not limited to a. Improper or inadequate accounting procedures, b Failures to properly record financial transactions, c Whether the financial report filed with the Department of Banking and Finance pursuant to section 218 32, Florida statutes, is in agreement with the annual financial audit report for the same period and, if not, specify any significant differences, and d Other inaccuracies, irregularities, shortages, and defalcations discovered by the auditor." Two copies of the audit report, together with the district's response to the auditor's findings, must be submitted to the Auditor General within 30 days after completion of the audit, but no later than 12 months after the end of the fiscal year of the governmental entity Each special district audit report filed with the Auditor General under the provisions of section 11.45, Florida statutes, is given a preliminary or general review This preliminary review is performed to evaluate the overall financial statement form and related financial disclosures and to identify any evidence that the auditor may not have reported financial statement deficiencies in accordance with generally accepted auditing standards. Any audits with apparently substandard auditor reports are further reviewed by consultants representing the state Board of Accountancy Following the preliminary review, a more detailed review is made of a random sample selected from all audit reports filed with the Auditor General Information obtained from this review, as well as information obtained from the preliminary review, is summarized and reported to the Legislature. It is also used in the conduct of performance audits of the local government financial reporting system required by section 11 45(3) (a)6 (d), 5 r;; ID /1 u (jJf}J[ffj Florida statutes On an annual basis, the Auditor General will submit to the Department of Community Affairs a list of those special districts which are in compliance with and those which are not in compliance with the provisions of section 11 45, Florida statutes 6 Gu L~l1[F1J FINANCIAL REPORTS section 218 32, Florida statutes, requires each independent special district to submit an annual financial report to the Department of Banking & Finance The annual financial report of each municipality or county must include a list of each dependent special district within its jurisdiction. On or about October 1 of each year, the Department of Banking & Finance mails to each unit of local government a report form entitled "Annual Financial Report of Units of Local Government" The form must be completed and submitted to the Department as soon as possible after the close of the fiscal year, but in no case later than March 31 The report forms currently in use are the same for all units of local government, including counties and municipalities. Therefore, some parts of the form may not be applicable to many of the districts The Department compiles the information received from each report to produce two publications, the State of Florida Local Government Financial Report and the Revenue and Expenditure su~plement to the Local Government Financial Report. In addition, the Department will provide special reports to federal, state and local agencies, regional planning councils, educational institutions, financial institutions, civic and political organizations, researchers and others, upon request In regard to accounting practices and procedures to be utilized by units of local government (including special districts), the Department of Banking & Finance has prescribed a Uniform Accounting System Manual which includes a chart of accounts to be used by all units of local government The manual has been adopted by reference in Rule 3A-61.0012, Florida Administrative Code Questions regarding preparation of the annual financial report may be directed to' Bureau of Local Government Finance Department of Banking & Finance Room 1001, The Capitol Tallahassee, Florida 32399-0350 Phone: (904) 488-1951 or Suncom 278-1951 Copies of the Uniform Accounting System Manual may also be obtained by contacting the Department at the above address. By May 1 of each year, the Department of Banking & Finance must 7 ~~ ~~-. ~ \ 0 I --~ L L JJfFu submit to the Department of community Affairs a verified report showing, in detail, the number and types of units of local government and the revenues, both locally derived and derived from intergovernmental transfers, and the expenditures of those units The report is required to include - An analyses of retirement information of all local retirement systems as provided by the Division of Retirement of the Department of Administration, and - An analyses of bonded indebtedness of all units of local government, including general obligation bonds, special assessment bonds, and short-term debt, as provided by the Division of Bond Finance of the Department of General Services, and any additional items of data or analyses thereof as developed by the Department of Banking & Finance 8 ~m[nj[lu RETIREMENT SYSTEMS Any special district participating in a local government retirement system must comply with provisions of the Florida Protection of Public Employee Retirement Benefits Act, sections 112 60 through 112 67, Florida statutes. In addition, all special districts participating in the state administered retirement system are required to comply with provisions of chapter 121, Florida statutes (the Florida Retirement Systems Act) All governmental retirement systems or plans must be managed, administered, operated and funded in such a manner as to maximize the protection of public employee retirement benefits Pension liabilities attributable to the benefits promised public employees must be fairly, orderly and equitably funded by current, as well as future taxpayers Therefore, unless otherwise provided in sections 112 60 through 112 67, Florida Statutes, no governmental retirement system or plan may employ a procedure, methodology or assumption which has the effect of transfering to future taxpayers any portion of the costs which could reasonably be paid by current taxpayers. By January 1 of each year, the Division of Retirement of the Department of Administration will submit a report to the Department of Community Affairs The report will include a list used by the Division of all special districts, as well as information regarding the special districts' participation in a local government retirement system or the state administered retirement system, and their compliance with the provisions of section 112.63 or chapter 121, Florida Statutes, as applicable. Local Government Retirement Systems Each special district utilizing a local government retirement system which is a defined benefit retirement system, funded in whole or in part by public funds, must have regularly scheduled actuarial reports prepared and certified by an enrolled actuary. The actuarial report must contain, at a minimum, the following: 1. A demonstration of the adequacy of employer and employee contribution rates in meeting levels of employee benefits provided in the system, as well as changes, if any, needed in such rates to achieve or preserve a level of funding deemed adequate to enable payment through the indefinite future of the benefit amounts prescribed by the system. The report must include a valuation of present assets, based on statement value, and prospective assets and liabilities of the system and the extent of unfunded accrued liabilities, 9 r-____ r-....,-, . I I",',,; r;=Jr-- GJLUL~tr U- if any 2 A plan to amortize any unfunded liability pursuant to section 112 64, Florida statutes, and a description of actions taken to reduce the unfunded liability 3 A description and explanation of actuarial assumptions 4. A schedule illustrating the amortization of unfunded liabilities, if any 5 A comparative review illustrating the actual salary increases granted and the rate of investment return realized over the 3-year period preceding the actuarial report with the assumptions used in both the preceding and current actuarial reports 6 A statement by the enrolled actuary that the report is complete and accurate and that in his opinion the techniques and assumptions used are reasonable and meet the requirements of the Florida Protection of Public Employee Retirement Benefits Act The actuarial cost methods utilized for establishing the amount of the annual actuarial normal cost to support the promised benefits shall only be those methods approved in the Employee Retirement Income Security Act of 1974 and as permitted under regulations prescribed by the Secretary of the Treasury All actuarial reports must comply with the provisions of section 22D-1.03, Florida Administrative Code, and must be filed with the plan administrator within 60 days of certification In addition, each retirement system not administered directly by the Division of Retirement must furnish a copy of each actuarial report to the Division within 60 days of receipt from the actuary Special districts with a local defined contribution retirement system are not required to file actuarial reports; however, they must submit to the Division of Retirement, on an annual basis, a report of all information required by section 220-1.06, Florida Administrative Code. In addition, the plan sponsor of each defined contribution plan must provide to the Division of Retirement, upon its request, any information and financial statements which are necessary in order to allow the Division to gather, catalog, and maintain complete information on all public employee retirement systems Prior to adoption of a proposed change in retirement benefits and prior to the last public hearing on the proposed change, the plan administrator must issue a statement of the actuarial impact of the proposed change upon the local retirement system, consistent with the actuarial review A copy of the statement must be 10 rnOOmrf1T submitted to the Division and must indicate whether the proposed change is in compliance with section 14, Article X of the state Constitution and with section 112 64, Florida statutes The statement must incorporate by reference and have attached a copy of the proposed ordinance, resolution, insurance contract or other legal instrument necessary to implement the proposed change to the retirement system section 22D-1 04, Florida Administrative Code, contains additional provisions relating to actuarial impact statements. Upon receipt of the actuarial report or statement of the actuarial impact of a proposed change, the Division will review and comment on the actuarial valuations and statements If the Division finds that the actuarial valuations are not complete, accurate, or based on reasonable assumptions, or if the Division does not receive the actuarial report or statement of actuarial impact, the Division will notify the special district and request appropriate adjustment. Non-compliance with the above reporting requirements may result in initiation of a hearing under the provisions of section 120.57, Florida statutes. Furthermore, if the hearing officer recommends in favor of the Division, the Division will perform an actuarial review or prepare a statement of actuarial impact. The cost to the Division of performing the review or preparing the statement will be charged to the district and paid in accordance with the provisions of section 112.63, Florida Statutes Each local government retirement system must maintain, in accurate and accessible form, the following information' 1 For each active and inactive member of the system, a number or other means of identification; date of birth; sex; date of employment; period of credited service, split, if required, between prior service and current service; and occupational classification. 2. For each active member, current pay rate; cumulative contributions together with accumulated interest, if credited; age at entry into system; and current rate of contribution. 3 For each inactive member, average final compensation or equivalent and age at which deferred benefit is to begin 4. For each retired member and other beneficiary, a number or other means of identification, date of birth, sex, beginning date of benefit, type of retirement and amount of monthly benefit, and type of survivor benefit. Special districts planning to establish a local defined benefit or defined contribution retirement system may call the Division 11 ~OOill~~ of Retirement at (904) 488-2784 for information concerning required actuarial valuations, impact statements and other reports state Administered Retirement System special districts electing to participate in the state administered retirement system must comply with the provisions set forth in chapter 121, Florida statutes special districts with membership in the Florida Retirement System should enroll employees and report retirement contributions in accordance with instructions from the Division of Retirement. For specific information concerning the enrollment of employees, contact the Division of Retirement at (904) 488-8837 For information regarding the reporting of retirement contributions, the Division may be contacted at (904) 488-6011 Special districts having no retirement system and requiring information relative to participation in the Florida Retirement System may contact the Division of Retirement at (904) 488-8837 12 . @WUJff'll BOND REFERENDA/ISSUANCE Bond Referenda Whenever the state Constitution or general laws require a referendum prior to the issuance of bonds by a special district, the referendum must be conducted in accordance with the Florida Election Code, chapters 97 through 106, Florida statutes, except as provided in sections 100.201 through 100 351, Florida statutes This does not apply to community development districts established pursuant to chapter 190, Florida statutes The governing authority of any special district may call a bond referendum under the Florida Election Code In the event a referendum is called to decide whether a majority of the electors participating are in favor of the issuance of bonds by the district, the district must, by resolution, order the bond referendum to be held in the district. The district must give notice of the referendum in the manner prescribed by section 100.342, Florida statutes, which requires that 1. At least 30 days notice of the referendum be published in a in a newspaper of general circulation in county, district or municipality, as applicable: 2 The publication be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held, and 3. If there is no newspaper of general circulation in the county, district or municipality, the notice must be posted in no less than 5 places within the territorial limits of the county, district or municipality. When a bond referendum is held in a county or district, the places for voting must be the same as the places for voting in general elections. However, when a bond referendum is held in a municipality, the polling places must be the same as in other municipal elections Bond Issuance When no referendum is required by state Constitution or general law, within 5 business days after the closing of the sale of bonds by a special district, the district must provide evidence to the Department of community Affairs that the bonds met at least one of the following criteria at the time of the closing: 13 ~jOOm~u 1 The bonds must be rated in one of the highest four ratings by a nationally recognized rating service, 2 The bonds were privately placed with or otherwise sold to accredited investors (the term "accredited investor" will be defined by Rule 9B-50, Florida Administrative Code, as an "accredited investor as defined in section 517.021, Florida statutes"); 3 The bonds must be backed by a letter of credit from a bank, savings and loan association, or other creditworthy guarantor, or by bond insurance, guaranteeing payment of principal and interest on the bonds; or 4 The bonds must be accompanied by an independent financial advisory opinion stating that estimates of debt service coverage and probability of debt repayment are reasonable This opinion must be provided by an independent financial advisory, consulting, or accounting firm registered where professional registration is required by law and which is in good standing with the state in conformance with all applicable professional standards for such opinions with respect to both general obligation bonds and revenue bonds, the Division of Bond Finance of the Department of General Services will submit to the Department of Community Affairs, no later than January 1 of each year, the list used by the Division of all special districts, and a report indicating which special districts are not in compliance with the provisions of section 218 38, Florida statutes 14 (IDwffi[fu AD VALOREM TAXES/NON-AD VALOREM ASSESSMENTS Ad Valorem Assessments On or about June 1 of each year, the Department of Revenue's Division of Ad Valorem Tax sends out a TRIM (Truth in Millage) Package to all special districts. The package includes a summary of the Division's reporting requirements, and a timetable outlining when certain documents are due and when certain activities must occur The 1990-1991 timetable is as follows On July 1 or the date of certification: - The property appraiser certifies the tax roll or the court certifies interim tax roll certification is made using form DR-420 - The budget officer submits a proposed budget to the taxing authority within 3S days from July 1 or the date of certification: - The taxing authority advises the property appraiser of the proposed millage, rolled-back rate and the date, time and place of the tentative budget hearing Upon notification, the property appraiser prepares notices of the proposed property taxes. Not later than SS days from July 1 or the date of certification: - The property appraiser mails notices of the proposed property taxes, using form DR-474 (TRIM Notice) This also serves as notice of the tentative budget and millage hearing for all authorities with the exception of the school boards Between 6S and 80 days from July 1 or the date of certification: - The tentative budget and millage hearing must be held. The tentative budget and millage are adopted at this hearing. This hearing cannot be held sooner than 10 days following the mailing date of the TRIM Notice. - An advertisement of the final budget and millage hearing must be published in a newspaper of general paid circulation. To comply with this requirement, the criteria outlined in chapter 50, Florida statutes, regarding legal and official advertisements, must be applied. In addition, section 200.065, Florida statutes, provides certain criteria 15 [will~u relating specifically to TRIM advertisements The advertisement should be published within 15 days after the tentative budget and millage are adopted No sooner than 2 days and no later than 5 days after its advertisement: - The final budget and millage hearing must be held. The final budget and millage rate are adopted (by resolution or ordinance) at this hearing, with the millage rate adopted first and the budget adopted second. within 3 days after the adoption of the millage rate and budget: - The taxing authority must certify the adopted millage rate to the property appraiser, tax collector, and the Department of Revenue, Division of Ad Valorem Tax The property appraiser notifies the taxing authority of the final adjusted tax roll via form DR-422 Not later than 3 days after receipt of notification of fina~ taxable va~ue: - The taxing authority adjusts the millage rate, if applicable, and certifies the adjustment to the property appraiser, using form DR-422 The taxing authority can aqjust the millage if there is a 3% (+ or -) variance in certified values The property appraiser will then extend the roll within 30 days of adoption of the final millage rate and budget: - The taxing authority must certify compliance with sections 200 065 and 200.068, Florida statutes, to the Department of Revenue, Division of Ad Valorem Tax The Division of Ad Valorem Tax of the Department of Revenue will prepare and submit to the Department of Community Affairs, on an annual basis, the list used by the Division of all special districts, and a report indicating which special districts are and which special districts are not in compliance with the provisions of section 200 068, Florida statutes. Non-Ad Valorem Assessments Community development districts may and other special districts must provide for the collection of annual non-ad valorem assessments in accordance with chapter 197, Florida statutes, or monthly non-ad valorem assessments in accordance with chapter 170, Florida statutes Attorney General's Opinion 89-85 provides 16 . rr rDJ II rc2l7 LtJUuUJlr u additional information to govern the levying of non-ad valorem assessments for the purpose of garbage collection 17 mwmifu FINANCIAL DISCLOSURE The conduct of all special district officers and employees is governed by the provisions of the state's Code of Ethics for Public Officers and Employees which is contained in Part III, chapter 112, Florida statutes The Code was created as a means to' - Ensure that public officials be independent and impartial and that public office not be used for private gain other than the remuneration provided by law through the establishment of standards of conduct in situations where conflicts may exist, - Ensure that the law against conflict of interest does not unreasonably or unnecessarily impede the recruitment and retention of those best qualified to serve through denial of the opportunity, available to all other citizens, to acquire and retain private economic interests except when conflicts with the responsibility of those officials to the public cannot be avoided; - Preserve and maintain the integrity of the governmental process through regular disclosure of the identity, expenditures, and activities of those persons who regularly engage in efforts to persuade public officials to take specific actions, either by direct communication with those officials or by solicitation of others to engage in those efforts; and - Provide a basis for discipline of those who violate the provisions of the Code statement of Financial Interests (Commission on Ethics Form 1) Generally, only the elected and appointed members of the governing board of a special district, the chief administrative employee of the district, and any other district employee having the authority to make purchases exceeding $1,000 for the district, are required to file the Form 1 financial disclosure statement. The Form 1 requirements are set forth fully on the form. In general, this includes listing the reporting person's sources and types of financial interests, such as the name of their employer, the location of any real property holdings, the sources of certain gifts exceeding $100, a description of significant intangible property owned, and major creditors No dollar values are required to be listed. 18 . Wwm[Fu Candidates for elective office must file Form 1 at the same time they file their qualifying papers to run for office Appointed board members and new employees of a district who are subject to the disclosure law must file within 30 days of their appointment or employment Subsequently, Form 1 must be filed by special district officers and employees by July 1 of each year By November 1 of each year, the Commission on Ethics will provide the Department of Community Affairs with the list used by the Commission of all special districts, and a report indicating which special district local officers were delinquent in filing financial disclosure as required by chapter 112, Florida statutes. Gift Disclosure for Elected Officers (commission on Ethics Form 7) Gifts worth over $100 received by elected special district officers and those who have been appointed to fill a vacancy in an elective position must be reported on Commission on Ethics Form 7, which must be filed annually not later than July 1. This form should be filed together with the Form 1 financial disclosure statement Information to be disclosed includes a description of gifts received and the names and addresses of persons giving the gifts to the reporting official (with the exception of campaign contributions), and to whom the gifts were distributed, if applicable. Additional Disclosure Requirements The Code of Ethics contains several disclosure requirements which apply only in specific situations The forms needed to make these disclosures are described on the cover sheet of the Commission on Ethics Form 1 (statement of Financial Interests). Form 1, as well as other disclosure forms may be obtained by contacting your local supervisor of elections or by contacting the Financial Disclosure Coordinator of the Commission on Ethics at one of the following phone numbers: Long distance Local: Suncom' 1-800-262-8824 904-487-4259 287-4259 Sample copies of Forms 1 and 7 are located at the end of this section. 19 [IDwm~1f ,- FORM 1 STATEMENT OF FINANCIAL INTERESTS 1989 THIS ST...TEMEST REFLECTS ~n FINA~CIAL I]';TERESTS FOR THE ~A\lE OF AGESC) PRECEDING TAX YEAR ENDING EITHER OR LOCAL OFFICER OFFICE HELD I SPECIFY TAX YEAR IF OTHER - DECEMBER 31 1989 THAN THE CALENDAR YEAR _ STATE OFFICER OFFICE HELD LAST NAME FIRST NAME MIDDLE NA!vIE SPECIFIED STATE POSITION HELD MAILING ADDRESS - EMPLOYEE - on ZIP COUNTY i....: CANDIDATE OFFICE SOUGHT PART A - PRIMARY SOURCES OF INCOME (Required by Florida Statutes ~ 112.3145(3Xa)] Please list below in descending order with the largest source first the name, address. and principal bUSiness activity of every source of you income excluding public salary which exceeded five percent (5%) of the gross income you received or any person received for your benefit or use during the disclosure period. The income of your spouse need not be disclosed If continued on a separate sheet. please check here = NAME OF SOURCE DESCRIPTION OF THE OF INCOME ADDRESS PRINCIPAL BUSINESS ACTIVITY PART B - BUSINESS ENTITY'S SOURCES OF INCOME (Required by Florida Statutes ~ 112,3145(3Xb)]. If during the disclosure period (a) you owned, directly or indirectly. in excess of 5% of the total assets or capital stock of any business entity AND (b) if you received in excess of 10% of your gross income from the business entity, please list below every source of income to the business entity which exceeded in value ten percent (10%) of the business entity's gross income (computed on the basis of the business entity's fiscal year). You are NOT required in this part to list sources of income to a business entity if you received less than $1,500 from the business entity during the disclosure period A "source" in this part refers to any customer. client. or other category of income production which meets the minimum percentage requirements noted above. If continued on a separate sheet, please check here ~ - .- NAME OF SOURCE OF DESCRIPTION OF THE SOURCE'S BUSINESS ENTlTY'S INCOME ADDRESS PRINCIPAL BUSINESS ACTIVITY PART C - GIFTS (Required by Florida Statutes 9 112.3145(3Xd)] Please list below the name. address. and principal business activity of all persons. business entities. or other organizations from whom you received any gIft or gifts the total of which exceeded $100 from anyone source during the disclosure period. Your benefactors must be listed in descending order of value with the largest source first, If you have received a preferential interest rate subStantially below the customary and usual rate charged at the time the debt was incurred. the difference between the preferential and customary rate is deemed to be a gift You are NOT required 10 list gifts received from your parent. grandparent. sibling. child. spouse. or from a spouse of any of the foregoing; gifts received by bequest or deVise or campaign contributions. or gifts representing an expreSSion of sympathy and having no material benefit. ELECTED STATE COUNTY DISTRICT AND MUNICIPAL OFFICERS are required to disclose gifts they have received on Form 7 Gifts and Other Non-Campaign Contributions. pursuant to ~112.314B. F S.. and need not complele this part. If continued on 8 separate sheet. please check here o. DESCRIPTION OF THE NAME ADDRESS PRINCIPAL BUSINESS ACTIVITY CE FORM' REI, 1-90 19.'\ [0wmfFTr PART D - REAL PROPERTY [Required by Florida Statutes ~ 112.3145(3Xc))' Please list below the location or legal description of all real property in this state, excluding residence and vacation homes. in which you owned at any time during the previous tax year in excess of five percent (5%) of the property's most recently assessed value. If continued on a separate sheet. please check here C PART E - INTANGIBLE PERSONAL PROPERTY Please give a general description of any intangible personal property in which you hold an interest having a value in excess of ten percent (10%) of your total assets. Intangible personal property means money, all evidences of debt owed to the reporting person, all evidences of ownership in a corporation or other business organization having multiple owners, and all other forms of property where value is based upon that which the property represents rather than its own intrinsic value, such as: certificates of deposit, checks, bills of exchange, drafts, stocks or shares of incorporated or unincorporated companies, business trusts or mutual funds, beneficial interests in a trust, notes. bonds. and other obligations for the payment of money Your general description should include the type of property as noted above and, if applicable, the name of the bUSiness entity to which the intangible property relates. For example: Stock. General Motors; Cash or Certificate of Deposit, First National Bank of Metropolis. Florida. No amounts need be stated. If continued on a separate sheet, please check here = TYPE OF INTANGIBLE BUSINESS ENTITY TO WHICH THE PROPERTY RELATES PART F - LIABILITIES IN EXCESS OF NET WORTH [Required by Florida Statutes 9 112.3745(3Xe)). Please list below the name and address of each creditor to whom you were indebted at any time during the disclosure periOd in an amount which exceeded your net worth. You are not required to list the amount of any indebtedness or your net worth, The following are excluded from disclosure under this part: credit card and retail installment accounts; taxes owed; indebtedness on a life insurance policy owed to the company of issuance; contingent liabilities; and accrued income taxes on net unrealized appreciation. .- NAME OF CREDITOR ADDRESS OF CREDITOR PART G - SIGNATURE SIGNATURE DATE SIGNED PART H - FILING INSTRUCTIONS FOR FORM 1 WHO MUST FILE. All state officers, tocal officers, candidates for state employment. Those appointees requiring Senate confinnation must file pnor or local elective office, and specified state employees (other than officers to confirmation. of the judicial branch), as defined in Section 112,3145(1), Florida Statutes, and listed on the attached cover sheet and in the brochure entitled 'Guide WHERE TO FILE: A candldlte flies thl. fonn together with and as a to the Sunshine Amendment and Code of Ethics for Public Officers and ~rt of hIs qualifying ~pef'&. A local officer flies with the Supervisor Employees. available from the Commission on Ethics, Supervisors of Elec of ElectIons of the county Iin which he pennanently resides, A state tions. and Department of State. Persons required to file full disclosure (Fonn officer or specified state employee f11n with the Department of State .6) are not required to file this form Room 1801 The Capltot, T"''--. Florida 32399 WHEN TO FILE. Candidates for publicly-elected state or local office must file tinanclal disclosure together with and at the same time they file their MUL TlPLE FILING UNNECESSARY' Any person who files a statement of qualifying papers. State and local officers and specified state employees financial interests for any c;Uendar or fiscal year is not required to file a are required to file by July 1st of each year Each state or local officer who second disclosure for the same year or any part thereof except that any is appomted and each specified state employee who is employed must file publiC officer who qualifies as a candidate shall file a copy of hiS disclosure disclosure withm 30 days from the date of appointment or the begmning of with the officer before whom he qualifies at the time he qualifies NOTICE. UNDER PROVISIONS OF FLORIDA STATUTES S112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND M,c.y BE PUNISH EO BY ONE OR MORE OF THE FOLLOWING. DISQUALIFICATION FROM BEING ON THE BALLOT, IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION, REDUCTION IN SALARY REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEEO $5.000 CE FORM 1 REV 1-90 19B PAGE 2 ffiJOOLUf?'tY e FORM 1 DISCLOSURE PACKET 1989 State of Florida COMMISSION ON ETHICS FOR Local Officers State Officers Specified State Employees Candidates for Slale or Local Office See detailed Ilstlne on reverse NOTICE IMPORTANT DISCLOSURE INFORMATION ANNUAL DISCLOSURE FORMS NOTICE The attached Form 1 Statement of Financial Interests, constitutes the appropriate form on which the public officials and employees to whom thiS notice is addressed must tile financial disclosure by July 1 1990 for the year ending December 31 1989 Candloates are required to file at the time of Qualification. (Complete filing instructions appear in Part H of the form.) NOTE NO PERSON WHO is REQUIRED BY ARTiCLE II SECTION 8 FLORIDA CONSTITUTION TO FILE FULL AND PUBLIC DISCLOSURE OF HIS FINANCIAL INTERESTS (FORM 6) WHO HAS FILED SUCH DISCLOSURE FOR ANY CALENDAR OR FISCAL YEAR IS REQU\MED TO FILE A FORM 1 STATEMENT OF FINANCIAL INTERESTS FOR THE SAME YEAR OR ANY PART THEREOF SPECIAL PURPOSE FORMS In addition to filing Form 1 annually you ~ be required to file one or more of the speCial purpose forms listed below depending on your particular position, business activities, or interests. As it is your duty to obtain and file any of the special purpose forms which may be applicable to you, you should carefully read the brief description of each form to determine whether it applies to you Form 2- 'Quarterly Client Disclosure Required of local officers. state officers, and specified state employees by January 15, April 15. July 15, and October 15 following any calendar quarter during which a reportable representation was made, This form is used to disclose the names of clients represented for compensation by the reporting official or a partner or associate before agencies at the same level of government in which he is serving. (Section 112.3145(4), Fla. Stat.) Form 3- 'Disclosure of SpeCified Business Interests Applies to each candidate, public officer, and public employee only if (a) at the time of qualification or assumption of office or employment, he or she is an officer, partner, director, agent, or associate of or owns an interest in one of the following types of businesses; or (b) during term of office or employment he or she acquires an interest in or becomes an offi<;er partner, director, agent, or associate of one of the following types of businesses: state or federally chartered bank, state or federal savings and loan association, cemetery company' insurance company' mortgage company. credit union, small loan company' alcoholic beverage licensee, parimutuel wagering company' utility company' and any entity controlled by the Public Service Commission or granted a franchise to operate by either a city or county government. (Section 112.313(9), Fla. Stat] Form 3A- 'Statement of Interest in Comoetitive Bid for Public Business'" Required of public officers and public employees prior to or at the time of submission of a bid for pUblic business which otherwise would be in violation of either Section 112.313(3) or Section 112.313(7), Florida Statutes. [Section 112,313(12)(b), Fla. Stat.) AForm 4A- 'Disclosure of Business Transaction. Relationship, or Interest"' Required of public officers and public employees to disclose certain business transactions, relationships, or interests which otherwise would violate Section 112.313(3) or Section 112.313(7), Florida Statutes, (Sections 112,313(12) and (12)(e), Fla, Stat.] Form 7- 'Gifts and Other Non-Campaign Contributions Required to be filed by elected state. county district, and municipal officers not later than July 1 of each year Form 8A-"Memorandum of Voting Conflict for State Officers"' Required to be filed by a state officer within fifteen days after having voted on a measure which inured to his special private gain or to the special gain of one by whom he is employed or otherwise retained. Each appointed state officer who seeks to influence the decision on such a measure prior to the meeting must first file the form, immediately provide a copy to the other members of the board, and read the form publicly at the meeting prior to consideration. Form 8B- 'Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers"' Required to be filed by each local officer who must abstain from voting upon a measure which would inure to his special private gain or that of one by whom he is re' tained, Each appointed local officer who seeks to influence the decision on such a measure prior to the meeting must first file the form, immediately provide a copy to the other members of the board, and read the form publicly at the mftting prior to consideration. AVAILABILITY OF FORMS Complete instructions are contained on the forms themselves andlor within a brOChure entitled 'Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees, both of which are available from the Supervisor of Elections in your county or from the Depart- ment of State, Room 1801 The Capitol, Tallahassee Florida 32399 FOR MORE INFORMATION Questions about financial disclosure may be addressed to the Commission on Ethics. Post Office Box 6. Tallahassee Florida 32302-0006 or by calling (904) 488-7864 or Suncom 278.7864 See Part H of the Form for filing Instructions. REV 1-90 19C Listed below are the public positions subject to the Form 1 disclosure requirements: STATE OFFICERS Members of the Board of Regents Chancellor of the State University System Vice-chancellor of the State University System Presidents of State Universities Each appointed member of a board, commission, authority, or council having statewide jurisdiction, excluding any member of an advisory body. Employees of either the Governor or a Cabinet member who are exempt from the Career Service System excluding secretaries or clerical positions and the like The following apPOinted positions in each State Department, CommiSSIon. Board or Council' Secretary Assistant Secretary Deputy Secretary Executive Director Assistant Executive Director Deputy Executive Director The following positions in any State Depart ment or Division. Director Assistant Director Deputy Director Bureau Chief Assistant Bureau Chief ~)OOffi[fu Elected Public Officials not serving in a political subdivision of this state and any person appointed to fill a vacancy in such office However, no person who is required by Article II, Section 8. Florida Constitution, to file full and publiC disclosure of his financial in, terests (Form 6) who has filed such disclosure for any calendar or fiscal year shall be required to file a Form 1, Statement of Financial Interests, for the same year or any part thereof SPECIFIED STATE EMPLOYEES Business Managers Purchasing Agents having power to mal<.e any purChase exceedIng $1.000 Finance and Accounting Directors Personnel Officers Grants Coordinators Full.time Counselor Assistant Counsel to any State Agency Assistant State Attorneys Assistant Public Defenders Public Counsel Hearing Officers Each employee of the Commission on Ethics Auditor General LOCAL OFFICERS Sergeant.at-Arms of the Senate Sergeant at,Arms of the House e' Representatives Clerk of the House of Representatives Secretary of the Senate Staff Director of each Committee of the Legislature Executive Director of the Joint Legislative Management Committee Director of Statutory Revision Superintendent or Institute Director of a mental health institute established for training and research in the mental health field or of any major state institution or faCility estab- lished for corrections. training, treat me nt, or rehabilitation Persons elected to office or appointed to fill a vacancy in elective office in a political subdivision of the state, including towns, cities. villages. eollDties, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state, [Note: No person who is required by Article II, Section 8, Florida Constitution, to file full and public disclosure (Form 6) who has filed such disclosure is required to file Form 1,] Appointed members of a board, commission, authority, community college board of trustees, or council of any political subdivision of the state, excluding any member of an advisory body, (A Governmental body with land.planning, zoning, or natural resources responsibilities is not con- sidered an advisory body even if its work-product is solely advisory.) Persons holding one or more of the following positions: Mayor County Manager City Manager County Administrator Municipal Administrator County Attorney Municipal Attorney Chief County Building Inspector Chief Administrative Employee of a County Municipality or other Political Subdivision. Chief Municipal Building Inspector County Water Resources Coordinator Municipal Water Resources Coordinator County Pollution Control Director Municipal Pollution Control Director County Environmental Control Director Municipal Environmental Control Director County or Munici;:>al Administrator with power to grant or deny a land development permit Chief of Police Fire Chief Municipal Clerk District School Superintendent Community College President Purchasing Agent. with authority to make purchases exceeding $1000 An advisory body is any board, commission, committee, council, or authorit}', however selected, whose total budget, appropriations. or authorized expenditures constitute less than 1% of the budget of each agency it serves or $100,000, whichever is less. and whose powers, jurisdiction and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations. other than those relating to its internal operations. Sec. 112.312(1), Fla Stat. UA purchasing agent is any public officer or employee having the authority to commit the expenditure of public funds through a contract fer or the purchase of any goods. services. or interest in real [Iroperty for an agency. as opposed to the author;ty to request or requisition a contract or purchase by another person. Sec. 112.312(16) Fla. 51st. 19D 1,) ID) \ ~( (I I ~ oj I, i FORM 7 GIFTS AND OTHER NON-CAMPAIGN CONTRIBUTIONS L-../ u U LnJ L1 STATEMENT FOR CALENDAR YEAR ENDING DECEMBER 31, 1989 LAST NAME FIRST NAME MIDDLE NAME NAME OF AGENCY MAILING ADDRESS WHO MUST FilE. Each person holding an elective State county CITY COUNTY ZIP district, or municipal office in Florida, and each appointed public officer who is required by law to file Form 6 Full and Public OFFICE HELD Disclosure of Financial Interests. pursuant to Art " Sec 8. Fla. Const. PART A - STATEMENT OF GIFTS, DONATIONS, OR PAYMENTS Please list below each contribution, including any gift, donation, or payment. the value of which exceeds $100 received by you or on your behalf from any person, group, or organization, not otherwise required to be reported by Chapter 106, Florida Statutes. Any payment in excess of $100 10 a dinner barbeque, fish fry or other such event shall likewise be deemed a contribution You are not required to disclose a gift representmg an expression of sympathy and having no material benefit or a bona fide gift for personal use from your parents, children, grandparents. grand. children. brothers, sisters. uncles, aunts. nephews. nieces, great-grandparents and great-grandchildren, Nor must you list honorary memberShip in social service or fraternal organizations which were presented as a courtesy by such organizations legislators need not disclose compllmen. tary parking privileges provided by an airport authority [Required by Sec 112.3148 Fla Stat] DATE RECEIVED CONTRIBUTOR ADDRESS OF CONTRIBUTOR CONTRIBUTION ICHECK IF CONTINUED ON SEPARATE SHEET PART 8 - EXPENDITURES OR OTHER DISPOSITION OF GIFTS, DONATIONS, OR PAYMENTS If any payment or disposition is made from the gifts, donations or payments listed above, please list below the name and address of each person who received such a payment or disposition. DATE OF EXPENDITURE EXPENDITURE NAME OF RECIPIENT AODRESS OF RECIPIENT OR DISPOSITION - A I CHECK IF CONTINUEO ON SEPARATE SHEET PART C - OATH I, the publiC officer whose name appears at the beginning of this form, STATE OF FLORIDA do depose on oath and say that the information disclosed herein and COUNTY OF on any attachments hereto constitutes a true, accurate, and total listing The signature of the public officer whose financial interests are dis, of all contributions, expenditures, and distributions required to be closed herein was sworn to and subscr1bed before me this reported by Section 112.3148, Florida Statutes. _ day of 19_ SIGNATURE OF REPORTING OFFICIAL SIGNATURE OF NOTARY I DATE COMMISSION EXPIRES PART 0 - FILING INSTRUCTIONS This form, when duly signed and notarized, must be filed with the Department of State, Division of Elections, Room 1801 The CapitO! Tallahassee. Florida 32399 by an official who files Form 6. Full and Public Disclosure of Financial Interests, or with the Supervisor of Elections by an elected officer who files Form 1 Statement of Financial Interests, This statement must be filed no later than July 1 1990 for the 1989 calendar year and should be filed together with the Form 6 or Form 1 as applicable r-------r------r: JJ CE FORM 7 REV 1-90 19E ,----..., ;--..., 6' I J --. r~~ I l-- I J I U 'uuUJiF/J MISCELLANEOUS REPORTING REQUIREMENTS Reports from state Aqencies Collectinq special District Financial Information Each state agency charged with collecting financial information from special districts must report to the Department of Community Affairs any district which has failed to file a report within the time set by law Any special district compliance status report submitted to the Department by a state agency must include the list used by that agency of all special districts Reports from state Aqencies Administerinq Fundinq Proqrams Each state agency that administers a program or programs which distributes money to special districts must submit to the Department of Community Affairs, on an annual basis, a list of those special districts not in compliance with the provisions of chapter 121, Florida statutes. state agencies that administer funding programs for which special districts are eligible, will report the existence of the program to the Department and will submit to the Department, on an annual basis, a list of special districts participating in a state funding program. This list will indicate each special district that is not in compliance with state funding program requirements. Each special district compliance status report submitted to the Department by a state agency will include the list used by that agency of all special districts Submission of Financial Reports. Bond Information and Maps All independent special districts must submit copies of the following information to the Department of community Affairs at the same time the information is sent to the local governing authority or authorities as required by section 189 418(3), Florida statutes: - All financial reports required by sections 218.32 and 218.34, Florida statutes; - A description of all outstanding bonds as provided in section 218 38, Florida statutes; and - A map of the district. 20 r - ~ '-' r---~ I j 9) / ' \ I' ~'-,Ur LSI UDL~ if MEETINGS The governing body of each special district must submit to the Department of Community Affairs and the local governing authority or authorities, on an annual basis, a schedule of its regular meetings. The schedule must include the date, time, and location of each scheduled meeting Each meeting of the governing body of a special district must - be open to the public and governed by the provisions of chapter 286, Florida statutes, which provides procedures and requirements for conducting public business; and - be held in a public building when available within the district, in a county courthouse of a county in which the district is located, or in a building in the county accessible to the public The governing body of an independent special district is required to advertise the day, time, place, and purpose of any meeting other than a regular meeting or any recessed and reconvened meeting of the governing body The advertisement must be published, at least 7 days prior to such meeting, in a newspaper of general paid circulation in the county or c9unties in which the special district is located In the event a bona fide emergency situation occurs, a meeting to deal with the emergency may be held as necessary, with reasonable notice: however, it must be subsequently ratified by the board No approval of the annual budget may be granted at an emergency meeting. The advertisement must meet each of the following requirements: 1 It must appear in a newspaper that is published at least 5 days a week, unless the only newspaper in the county is published less frequently 2. The newspaper in which it appears must be one of general interest and readership in the community and not one of limited subject matter. To comply with this requirement, the criteria outlined in chapter 50, Florida statutes, regarding legal and official advertisements, must be applied 3 It must be placed in that portion of the newspaper where legal notices and classified advertisements appear 21 [ r--.. "f? r-- [' 1~)h\I;J~lr. L':..- U\.iu-J U J REGISTERED AGENT AND REGISTERED OFFICE No later than 1 year subsequent to its creation, each special district must designate a registered office and a registered agent and file such information with the local governing authority or authorities and the Department of Community Affairs The registered agent must be an individual resident of this state whose business address is identical with the registered office of the district. The registered office may be, but need not be, the same as the place of business of the district The district may change its registered office or its registered agent, or both, upon submitting such information with the local governing authority or authorities and with the Department of Community Affairs. 22 ~m- , 0 i. i ~ ~ wWH ELECTIONS GENERAL REQUIREMENTS AND PROCEDURES Each dependent special district having an elected governing board must have its elections conducted by the supervisor of elections of the county wherein the district is located All election procedures must be in accordance with the Florida Election Code, chapters 97 through 106, Florida statutes Any independent special district located entirely within a single county may provide for the conduct of district elections by the supervisor of elections for that county Any independent special district that conducts its elections through the office of the supervisor must make election procedures consistent with the Florida Election Code for the following 1 Qualifying periods, in accordance with section 99 061, Florida statutes, 2 Petition format, in accordance with rules adopted by the Division of Elections; 3 Canvassing of returns, in accordance with sections 101 5614 and 102 151, Florida statutes; 4 Noticing special district elections, in accordance with chapter 100, Florida statutes; and 5 Polling hours, in accordance with section 100 011, Florida statutes. Any independent special district not conducting district elections through the supervisor of elections must report to the supervisor in a timely manner the purpose, date, authorization, procedures, and results of each election conducted by the district. If a multi-county special district has a popularly elected governing board, elections for the purpose of electing members to such board must conform with the Florida Election Code. The following applies to all special district elections, with the exception of those districts conducting elections on a one- acre/one-vote basis: 1 Qualifying for multi-county special district governing board positions must be coordinated by the supervisors of elections for each of the counties within the district 23 [,ffiill[fV 2 The decision made by a majority of those voting shall prevail The requirements outlined in this section on Elections do not apply to community development districts established pursuant to chapter 190, Florida statutes, or to water management districts created and operated pursuant to chapter 373, Florida statutes Please note that nothing in the Uniform special District Accountability Act of 1989 requires that a special district governed by an appointed board convert to an elected governing board 24 WOOm~IT ELECTIONS SPECIAL REQUIREMENTS AND PROCEDURES FOR DISTRICTS WITH GOVERNING BOARDS ELECTED ON A ONE-ACRE/ONE-VOTE BASIS The provisions of section 189.4051, Florida statutes, apply only to special districts with governing boards elected on a one- acre/one-vote basis The provisions of this section do not apply to community development districts established pursuant to chapter 190, Florida statutes, nor to those districts established as single-purpose water control districts, and which continue to act as single-purpose water control districts, pursuant to chapter 298, Florida statutes, a special act, a local government ordinance, or a judicial decree Procedure for Convertinq to Popular Elections Effective Julv 1. 1990 Referendum A referendum must be called by the governing board of a special district on the question of whether certain members of a district governing board should be elected by qualified electors, provided each of the following conditions is satisfied: 1 The district must have a total population, according to the latest official state census, a special census, or a population estimate, of at least 500 qualified electors. 2 A petition signed by 10% of the qualified electors of the district must be filed with the governing board of the district Upon verification by the supervisor or supervisors of elections of the county or counties within which district lands are located that 10% of the qualified electors of the district have petitioned the governing board, a referendum election must be called by the governing board at the next regularly scheduled election or within 6 months of verification, whichever is earlier. If the qualified electors of the district disapprove the election procedure described in this section on Elections, the members of the governing board must continue to be elected as described by section 298.12, Florida statutes, or the enabling legislation for the district No further referendum on the question may be held for a minimum period of 2 years. 25 Q)wffi~1J However, if the qualified electors approve the election procedure described in this section, the governing board of the district must be increased to 5 members In addition, elections must be held pursuant to the criteria described in section 189.4051, Florida statutes, beginning with the earlier of the following 1. The next regularly scheduled election; or 2 A special election called within 6 months following the referendum and final unappealed approval of district urban area maps (described below) Designation of Urban Areas within 30 days after approval of the election process described in that portion of this section relating to Referendum, the governing board must direct the district engineer to prepare and present maps of the district describing the extent and location of all urban areas within the district. As defined by section 189 4051(2) (b), Florida statutes, urban area means "...a contiguous developed and inhabited urban area within a district with a minimum average resident population density of at least 1 5 persons per acre as defined by the latest official census, special census, or population estimate or a minimum density of one single-family home per 2.5 acres with access to improved roads or a minimum density of one single-family home per 5 acres within a recorded plat subdivision Urban areas shall be designated by the governing board of the district with the assistance of all local general-purpose governments having jurisdiction over the area within the district." within 60 days after approval of the election process, the maps describing urban areas within the district must be presented to the governing board Any district landowner or elector may contest the accuracy of the urban area maps prepared by the district engineer within 30 days after submission to the governing board. Upon notice of objection to the maps, the governing board must request the county engineer to prepare and present maps of the district The maps must describe the extent and location of all urban areas within the district Within 30 days after the governing board request, the county engineer must present the maps to the governing board. 26 r~.--... ,-,. . . " , ' '"' I I ' ,---''----'''' L/ LuL~ [J U- Upon presentation of the maps by the county engineer, the governing board must compare the maps submitted by both the district engineer and the county engineer and make a determination as to which set of maps to adopt. within 60 days after presentation of all such maps, the governing board may amend, and must adopt, the official maps at a regularly scheduled board meeting. Any district landowner or elector may contest the accuracy of the urban area maps adopted by the board within 30 days after adoption by petition to the circuit court with jurisdiction over the district The petition must be disposed of by summary proceeding of the court, and the maps must be certified to the board with amendments, if necessary. Upon adoption by the board or certification by the court, the district urban area maps will serve as the official maps for determination of the extent of urban areas within the district It will also be used to determine the number of governing board members to be elected by qualified electors and by the one- acre/one-vote principle at the next regularly scheduled election of governing board members Upon a determination of the percentage of urban area within the district as compared with total area within the district, the governing board must order elections in accordance with the formulas described below The maps must be updated and readopted every 5 years or sooner in the discretion of the governing board. Governing Board Composition of Governinq Board Members of the governing board of the district must be elected in accordance with the following determinations of urban area. 1 If urban areas constitute 25% or less of the district, 1 governing board member must be elected by the qualified electors and 4 governing board members must be elected in accordance with the one-acre/one-vote principle contained within section 298.11, Florida statutes, or the district- enabling legislation. 2 If urban areas constitute 26% to 50% of the district, 2 governing board members must be elected by the qualified electors and 3 governing board members must be elected in accordance with the one-acre/one-vote principle contained 27 [,WilllF1J within section 298 11, Florida Statutes, or the district- enabling legislation 3 If urban areas constitute 51% to 70% of the district, 3 governing board members must be elected by the qualified electors and 2 governing board members must be elected in accordance with the one-acrejone-vote principle contained within section 298.11, Florida Statutes, or the district- enabling legislation 4 If urban areas constitute 71% to 90% of the district, 4 governing board members must be elected by the qualified electors and 1 governing board member must be elected in accordance with the one-acre/one-vote principle contained within section 298 11, Florida Statutes, or the district- enabling legislation 5 If urban areas constitute 91% or more of the district, all governing board members must be elected by qualified electors. All governing board members elected by qualified electors are to be elected at large. Terms of Office All governing board members elected by qualified electors are to have a term of 4 years except for governing board members elected at the first election and the first landowners' meeting following the referendum prescribed above Governing board members elected at the first election and the first landowners' meeting following the referendum shall serve as follows: If 1 governing board member is elected by the qualified electors and 4 are elected on a one-acrejone-vote basis, the governing board member elected by the electors must be elected for a period of 4 years. Governing board members elected on a one-acrejone- vote basis must be elected for periods of 1, 2, 3 and 4 years, respectively, as prescribed by sections 298.11 and 298.12, Florida statutes. If 2 governing board members are elected by the qualified electors and 3 are elected on a one-acrejone-vote basis, the governing board members elected by the electors must be elected for a period of 4 years. Governing board members elected on a one-acrejone-vote basis must be elected for periods of 1, 2 and 3 years, respectively, as prescribed by sections 298 11 and 298 12, Florida Statutes 28 mmmifu If 3 governing board members are elected by the qualified electors and 2 are elected on a one-acre/one-vote basis, 2 of the governing board members elected by the electors must be elected for a term of 4 years and the other governing board member elected by the electors must be elected for a term of 2 years Governing board members elected on a one-acre/one-vote basis shall be elected for term of 1 and 2 years, respectively, as prescribed by sections 298.11 and 298 12, Florida statutes If 4 governing board members are elected by the qualified electors and 1 is elected on a one-acre/one-vote basis, 2 of the governing board members elected by the electors must be elected for a term of 2 years and the other 2 for a term of 4 years The governing board member elected on a one-acre/one-vote basis must be elected for a term of 1 year as prescribed by sections 298 11 and 298 12, Florida statutes If 5 governing board members are elected by the qualified electors, 3 must be elected for a term of 4 years and 2 for a term of 2 years If any vacancy occurs in a seat occupied by a governing board member elected by the qualified electors, the remaining members of the governing board must, within 45 days of receipt of a resignation, appoint a person who would be eligible to hold the office to the unexpired term of the resigning member Landowners' Meetinqs An annual landowners' meeting must be held pursuant to section 298 11, Florida statutes, and at least 1 governing board member must be elected on a one-acrejone-vote basis pursuant to section 298.12, Florida statutes, for so long as 10% or more of the district is not contained in an urban area In the event all district governing board members are elected by qualified electors, no further landowners' meetings are to be held. At any landowners' meeting, 50% of the district acreage not required to constitute a quorum; however, and each governing board member must be elected by a majority of the acreage represented either by owner or proxy present and voting at the meeting. All landowners' meetings of districts operating pursuant to this section must be set by the board within the month preceding the month of the election of the governing board members by the electors vacancies on the board must be filled pursuant to section 298 12, Florida statutes, with the following exception If any vacancy occurs in a seat occupied by a governing board member elected by 29 .---.... r------ -- ,-- W' ~'D)I.\llf'~I~ II I I, U U LlliL;J the qualified electors, the remaining members of the governing board must, within 45 days of receipt of a resignation, appoint a person who would be eligible to hold the office to the unexpired term of the resigning member The following applies to all governing board members and each election of governing board members - Elections for governing board members elected by qualified electors must be nonpartisan - Qualifications must be pursuant to the Florida Election Code and must occur during the qualifying period established by section 99.061, Florida statutes Qualification requirements only apply to those governing board member candidates elected by qualified electors - Following the first election pursuant to this section, elections to the governing board by qualified electors must occur at the next regularly scheduled election closest in time to the expiration date of the term of the elected governing board member If the next regularly scheduled election is beyond the normal expiration time for the term of an elected governing board member, the governing board member will hold office until the election of a successor Procedure for Convertinq to POPular Elections Prior to Julv 1, 1990 with the exception of those districts established as single- purpose water control districts and which continue to act as single-purpose water control districts pursuant to chapter 298, Florida statutes, a special act, a local government ordinance, or a judicial decree 1 The governing board of any special district may request the local legislative delegation which represents the area within the district to modify the district charter by special act to provide for a more equitable basis of election for governing board members than the present election procedure. If such request is enacted into law during the 1989 or 1990 Regular Session of the Florida Legislature, the law will be the election charter for election of governing board members within the concerned district and will exempt that district from the election provisions of section 189 4051, Florida Statutes 2. If a special district has a governing board elected on the 30 ~ ~ r--' .~_ " I j"! , j ,---.;a--. _ G.,J lfJUJ 1.? U basis of one vote for each acre of land owned and a Has a total resident population of more than 2,500 according to the latest census or population estimate; b Has more than 2,000 registered voters; and c Submits a petition signed by more than 70% of the registered voters requesting conversion from a one- acre/one-vote to a one-person/one-vote election principle to the supervisor of elections in the county in which all or most of the area of the district land is located, it may proceed immediately in accordance with the provisions outlined in those portions of this section relating to Referendum and Designation of Urban Areas 31 ~'----""D ''--'''0' n [}C- . ) I A I C:l' UuLiJ J PUBLIC FACILITIES REPORTS AND COMPREHENSIVE PLANS 1 Beginning on March 1, 1991, each independent special district must submit annually to each local general-purpose government in which it is located a public facilities report The public facilities report must specify the following information a A description of existing public facilities owned and operated by the special district This description must - Include the current capacity of the facility, the current demands placed upon it, and its location, and - Be updated every 5 years, at least 12 months prior to the submission date of the evaluation and appraisal report of the apropriate local government required by section 163 3191, Florida statutes. At least 12 months prior to the date on which each special district's first updated report is due, the Department of Community Affairs will notify each independent special district on the official list of special districts of the schedule for submission of the evaluation and appraisal report by each local government within the district's jurisdiction. The purpose of the evaluation and appraisal report is to periodically update the local government's comprehensive plan The report must be sent to the local governing authority and to the state land planning agency at least once every 5 years after adoption of the comprehensive plan. However, reports may be transmitted at lesser intervals as may be required or upon request of the local governing authority b. A description of each public facility the district is building, improving, or expanding or is currently proposing to build, improve, or expand within, at least, the next 5 years For each public facility identified, the report must describe how the district currently proposes to finance the facility c. If the district currently proposes to replace any facilities identified in a or b above within the next 32 ~ ---..... -~ r---~-----. l1L~~jif1I 10 years, the date when such facility will be replaced d The anticipated time the construction, improvement, or expansion of each facility will be completed e The anticipated capacity facility when completed or expansion of a public and anticipated capacity of and demands on each public In the case of an improvement facility, both the existing must be listed. 2 A special district proposing to build, improve, or expand a pUblic facility which requires a certificate of need pursuant to chapter 381, Florida statutes, must elect to notify the appropriate local general-purpose government of its plans either in its 5-year plan or at the time the letter of intent is filed with the Department of Health and Rehabilitative Services pursuant to section 381 709, Florida Statutes 3 Those special districts building, improving, or expanding public facilities addressed by a development order issued to the developer pursuant to section 380 06, Florida statutes, may use the most recent annual report required by sections 380 06(15) and (18), Florida statutes, and submitted by the developer, to the extent the annual report provides the information required by 1 above 4 For each special district created after March 1, 1990, the facilities report must be prepared and submitted within 1 year after the district's creation 5 For purposes of preparation or revision of local government comprehensive plans required pursuant to section 163 3161, Florida statutes, a special district public facilities report may be used and relied upon by the local general- purpose government or governments within which the special district is located 6. Any special district that has completed the construction of its public facilities, improvements to its facilities, or its development is not required to submit a public facilities report. However, it must submit the information required by 1.a above 7 A special district plan of reclamation required pursuant to general law or special act (including, but not limited to, a plan prepared pursuant to chapter 298, Florida statutes, which complies with the requirements of section 1 above) must satisfy the requirement for a public facilities report A water management and control plan adopted pursuant to section 190.013, Florida Statutes, which complies with the requirements of 1. above, satisfies the requirement for a 33 ~ ,_______ " ---: r--' ~ I f"\' \ ~~~ - lU,I~(/L\ '- U ~ UULrW public facilities report for the facilities the plan addresses 8 The Reedy Creek Improvement District is not required to provide the public facilities report as specified in 1 above. 9 Each deepwater port listed in section 403.021(9) (b), Florida statutes, must satisfy the requirements of 1 above by submitting to the appropriate local government a comprehensive master plan as required by section 163 3178(2) (k), Florida statutes All other ports must submit a public facilities report as required in 1 above 34 LS~lq i L~OJ I';' [P' ~ J/ i~(;J\ --, U uL1U SUMMARY OF INFORMATION TO BE SUBMITTED TO THE DEPARTMENT OF COMMUNITY AFFAIRS Report from the Division of Retirement of the Department of Administration. By January 1 of each year, the Division of Retirement of the Department of Administration must submit the following to the Department of Community Affairs - Information that includes the participation in and compliance of special districts with the local government retirement system provisions of section 112 63, Florida statutes, and the state-administered retirement system provisions of chapter 121, Florida statutes - The list used by their agency of all special districts Report from the Auditor General. The Auditor General must submit the following to the Department of Community Affairs, on an annual basis A list of those special districts which are in compliance with the provisions of section 11.45, Florida statutes - A list of those special districts which are not in compliance with the provisions of section 11 45, Florida statutes Report from the Department of Bankinq , Finance. By May 1 of each year, the Department of Banking and Finance is required to submit the following to the Department of Community Affairs A verified report showing, in detail, the numbers and types of units of local government and the revenues (both locally derived and derived from intergovernmental transfers) and expenditures of such units. The report must include, but is not limited to' 1 Analyses of retirement information of all local retirement systems as provided by the Division of Retirement of the Department of Administration 2 Analyses of bonded indebtedness of all units of local government, including general obligation bonds, revenue 35 wOOilllFlJ bonds, industrial development bonds, limited revenue bonds, special assessment bonds, and short-term debt, as provided by the Division of Bond Finance of the Department of General Services, and any additional items of data or analyses thereof as developed by the Department of Banking and Finance Report from the Commission on Ethics. By November 1 of each year, the Commission on Ethics is required to submit the following to the Department of community Affairs - The list used by the Commission on Ethics of all special districts - Information indicating which special district local officers were delinquent in filing financial disclosure as required by chapter 112, Florida Statutes Report from the Division of Bond Finance of the De~artment of General services. The Division of Bond Finance of the Department of General Services, with respect to both general obligation bonds and revenue bonds, must submit the following to the Department of Community Affairs by January 1 of each year - The list used by the Division of Bond Finance of all special districts - Information indicating which special districts are not in compliance with the provisions of section 218.38, Florida statutes. Report from the Division of Ad Valorem Tax of the Department of Revenue. On an annual basis, the Division of Ad Valorem Tax of the Department of Revenue must prepare and submit the following to the Department of Community Affairs - The list used by the Division of Ad Valorem Tax of all special districts. - Information indicating which special districts levying ad valorem taxes are certified and which special districts levying ad valorem taxes are not certified as being in compliance with the provisions of section 200.068, Florida statutes. 36 ~Ww~u Reports from state Aqencies Collecting Special District Financial Information. Each state agency charged with collecting financial information from special districts must report to the Department of Community Affairs any special district which has failed to file a report within the time set by law Each special district compliance status report submitted to the Department by a state agency must include the list used by that agency of all special districts Reports from State Aqencies Administerinq Fundinq Programs. Each state agency that administers a program or programs which distributes money to special districts shall submit to the Department of community Affairs, on an annual basis, a list of those special districts not in compliance with the provisions of chapter 121, Florida statutes Any state agency that administers funding programs for which special districts are eligible, must report the existence of the program to the Department and must submit to the Department, on an annual basis, a list of special districts participating in a state funding program This list shall indicate each special district that is not in compliance with state funding program requirements Each special district compliance status report submitted to the Department of Community Affairs by a state agency must include the list used by that agency of all special districts Charter. No later than 30 days subsequent to the creation or implementation of a special district, or upon request of the Department of Community Affairs, a copy of the charter must be submitted to the Department by the special district. A copy of any amendment, modification, or update to a special district's charter must be filed with the Department of Community Affairs within 30 days after its adoption by the district board Financial Reports, Bond Information and MaDS. All independent special districts are required to submit copies of the following information to the Department of community 37 r----... r--... r-""'"\ -.---., ~L~UJlF1J Affairs at the same time the information is sent to the local governing authority or authorities as required by section 189 418(3), Florida statutes - All financial reports required by sections 218 32 and 218 34, Florida statutes; A description of all outstanding bonds as provided in section 218.38, Florida statutes; and - A map of the district Annual Postaudit. All special districts must submit to the Department of Community Affairs a copy of the most recent annual independent postaudit of its financial records as provided in section 11 45, Florida statutes, at the same time the information is sent to the local governing authority or authorities as required by section 189 418(4), Florida statutes Meetina Schedule. The governing body of each special district is required to submit to the Department of Community Affairs a schedule of its regular meetings for the upcoming calendar year at the same time the information is sent to the local governing authority or authorities as required by section 189 417, Florida statutes The schedule must include the date, time, and location of each scheduled meeting. Information Reaardinq Reqistered Aqent and Reqistered Office. No later than 1 year subsequent to its creation, each special district is required to designate a registered office and a registered agent and file that information with the local governing authority or authorities and the Department of Community Affairs. The registered agent must be an individual resident of this state whose business address is identical with the registered office of the district. The registered office may be, but need not be, the same as the place of business of the district. The district may change its registered office or its registered agent, or both, upon submitting such information with the local governing authority or authorities and with the Department 38 LWill~v Merqer Information. In the event of merger of 1 or more municipalities or counties with special districts, or the merger of 2 or more special districts, a copy of the proposed charter or merger agreement must be filed within 30 days after the effective date of the merger with the local governing authority or authorities and the Department of Community Affairs Dissolution Information. In the event of dissolution of a special district by a resolution of dissolution of the governing body of the special district, a copy of the resolution must be filed within 30 days after the effective date of the dissolution with the local governing authority or authorities and the Department of Community Affairs Bond Sale Information. When no referendum is required, within 5 business days after the closing of the sale of bonds by a special district, the district must provide evidence to the Department of Community Affairs that the bonds met at least 1 of the following criteria at the time of the closing' - The bonds must be rated in 1 of the highest 4 ratings by a nationally recognized rating service. - The bonds were privately placed with or otherwise sold to accredited investors - The bonds must be backed by a letter of credit from a bank, savings and loan association, or other creditworthy guarantor, or by bond insurance, guaranteeing payment of principal and interest on the bonds The bonds must be accompanied by an independent financial advisory opinion, in conformance with all applicable professional standards for such opinions, stating that estimates of debt service coverage and probability of debt repayment are reasonable. This opinion must be provided by an independent financial advisory, consulting, or accounting firm which is duly registered in those cases where professional registration is required by law and which is in good standing with the state 39 wOOmrFu FAILURE TO FILE CERTAIN REPORTS special districts are required to file certain reports with the local governing authority or authorities in the jurisdiction of which the district is located, in accordance with the following sections of the Florida statutes: - 11.45 (annual financial audit) - 189.415 (public facilities report) - 189 416 (designation of registered agent and office) - 189 417 (annual meetings schedule) - 189 418 (amendment, modification or update of charter, reports required in sections 11 45, 189 416, 189 417, 218 32, 218 34, and 218 38(1), Florida statutes, and district map) - 218.32 (local government financial report) - 218.34 (local government financial report) - 218 38(1) (description of outstanding bonds) In the event a special district fails to file the reports listed above with the local governing authority, the person authorized to receive and read the reports must notify the district's registered agent and the appropriate local governing authority or authorities. The local governing authority may grant an extension of time, not exceeding 30 days, for filing the required reports If it is determined by the local governing authority or authorities or the board of county commissioners that there has been an unjustified failure to file the reports listed above, either entity may petition the Department of Community Affairs to initiate proceedings against the special district in the manner provided in section 189 421, Florida statutes, described in 1 through 3 below. If a special district fails to file the reports required under section 11.45, 218.32, 218 34, or 218.38, Florida statutes, with the appropriate state agency, the agency may request the Department to initiate proceedings against the special district in the following manner 1 The Department must investigate all petitions filed in accordance with the above provisions and determine whether or not the district board has made a good faith effort to file the required reports. 2 If the Department determines that a good faith effort has been made, it will grant a reasonable extension of time for filing the required reports with the appropriate bodies and notify the special district of the granting of the 40 ~1_.~ ~ 1 r. I . r---___ , I I /.-.1 ' U/liiLAJif 11 extension. 3 The Department may file a petition for hearing, pursuant to section 120 57, Florida statutes, on the question of the inactivity of the district if it determines that a good faith effort has not been made to file the reports or that a reasonable time has passed and the reports have not been forthcoming. The procedure for hearings is as follows - The hearing will be governed by the provisions of the Administrative Procedures Act - The Division of Administrative Hearings of the Department of Administration will assign a hearing officer to conduct the hearing - The hearing will be held in the county in which the district is located, pursuant to all the applicable provisions of chapter 120, Florida statutes - Notice of the hearing will be served on the district's registered agent and published at least once a week, for 2 successive weeks prior to the hearing, in a newspaper of general circulation in the area affected The notice must state the time, place, and nature of the hearing and that all interested parties may appear and be heard - within 30 days of the hearing, the hearing officer must file his report with the Department in the manner provided in chapter 120, Florida statutes 4 If the Department determines, after receipt of the report from the hearing officer, that there is an inactive district based upon a through c below, it must file such a determination with the Secretary of state The Secretary of state will then declare by proclamation that the special district is inactive. a The special district has not appointed or elected a governing body within the 4 years immediately preceding or as otherwise provided by law or has not operated within the 2 years immediately preceding; b A notice of the proposed proclamation has been published once a week for 4 weeks in a newspaper of general circulation within the county or municipality wherein the territory of the special district is located The notice must contain, at a minimum, the following information: - The name of the special district, 41 ,.---" ~~ .---, ~-- i I n '1 / '. t r"~ ~ U; L~UJlJ U - The law under which it was organized and operating, A general description of the territory included ln the district, and - A statement that any objections to the proposed proclamation or to any debts of the special district shall be filed, not later than 60 days following the date of last publication, with the Department c Sixty (60) days have elapsed from the last publication date of the notice of proposed propclamation and no sustained objections have been filed 5 In instances where the Department determines that the failure to file the reports is a result of the volitional refusal of the members of the governing body of the district, it will seek an injunction or writ of mandamus to compel production of the reports in the circuit court If the Department of Banking & Finance does not receive the financial report required in section 218 32, Florida Statutes, or if the Auditor General does not receive the annual financial audit required in section 11 45, Florida statutes, from a special district within the specified time period, the following steps must be taken - The agency not receiving the required report must notify the Joint Legislative Auditing Committee of the failure to report. - Upon notification, the Committee will schedule a hearing for the purpose of receiving additional testimony regarding the failure to comply with reporting requirements - After the hearing, the Committee will determine whether the special district should be subjected to further state action. - If the Committee determines that further state action is necessary, it will notify the Department of community Affairs of the district's failure to provide the required financial report - Upon receipt of notification, the Department of Community Affairs will proceed as described in 1. through 5 above 42 ~rnffi~u PURCHASE OR SALE OF WATER OR SEWER UTILITY with the exception of community development districts established pursuant to chapter 190, Florida statutes, no special district may purchase or sell a water or sewer utility that provides service to the public for compensation until the governing body of the district - has held a public hearing on the purchase or sale, and - has made a determination that the purchase or sale is in the public interest In determining if the purchase or sale is in the public interest, the district must consider, at a minimum, the following 1 The most recent available income and expense statement for the utility; 2 The most recent available balance sheet for the utility, listing assets and liabilities and clearly showing the amount of contributions-in-aid-of-construction and the accumulated depreciation thereon; 3 A statement of the existing rate base of the utility for regulatory purposes; 4 The physical condition of the utility facilities being purchased or sold; 5 The reasonableness of the purchase or sales price and terms; 6. The impacts of the purchase or sale on utility customers, both positive and negative; 7 Any additional investment required and the ability and willingness of the purchaser to make that investment, whether the purchaser is the special district or the entity purchasing the utility from the special district, 8. The alternatives to the purchase or sale and the potential impact on utility customers if the purchase or sale is not made; and 9 The ability of the purchaser to provide and maintain high- quality and cost-effective utility service, whether the purchaser is the special district or the entity purchasing the utility from the special district. 43 [0W5JIlTr In addition, the special district must prepare a statement showing that the purchase or sale is in the public interest The statement must include the following - A summary of the purchaser's experience in water and sewer utility operation; and A showing of financial ability to provide the service, whether the purchaser is the special district or the entity purchasing the utility from the special district 44 r---... ~ L-, r--,o.--, I " I ~; I 0 \ i :; "'U'- ~I UUW LJ DIRECTORY General program questions or questions regarding reporting requirements of the Special District Information Program/ Department of community Affairs may be addressed to: Special District Information Program Division of Housing & community Development Department of Community Affairs 2740 centerview Drive Tallahassee, Florida 32399-2100 Phone (904) 922-5431 specific questions pertaining to the following subjects should be directed to the agencies listed below: Ad Valorem Assessments Department of Revenue Division of Ad Valorem Tax 325 John Knox Road Building K, Room 101 Tallahassee, Florida 32303 Phone (904) 488-3338 Audit Reports Auditor General III West Madison street Room G74 Tallahassee, Florida 32399 Phone (904) 488-4700 Bond Issuance Department of General Services Division of Bond Finance Knight Building, Room 312 Tallahassee, Florida 32399 Phone. (904) 488-4782 Financial Disclosure commission on Ethics Post Office Box 6 Tallahassee, Florida 32302-0006 Phone (904) 488-7864 45 -. Financial Reports Florida Election Code Local Government comprehensive Plans Meetings (procedural Requirements/ Advertisements) Non-Ad Valorem Assessments Retirement systems P GJ ,r;\ R~ ~LljUJu 1I Department of Banking & Finance Bureau of Local Government Finance 1001 The Capitol Tallahassee, Florida 32399 Phone (904) 488-1951 Department of state Div~sion of Elections The Capitol Tallahassee, Florida 32399 Phone (904) 488-7690 Department of Community Affairs Bureau of Local Planning 2740 centerview Drive Tallahassee, Florida 32399-2100 Phone (904) 488-9210 Joint Administrative Procedures Committee 120 Holland Building Tallahassee, Florida 32399-1300 Phone (904) 488-9110 Department of Revenue Division of Ad Valorem Tax 325 John Knox Road Building K, Room 101 Tallahassee, Florida 32303 Phone (904) 488-3338 Department of Administration Division of Retirement 2639 North Monroe street Building B, Room 229 Tallahassee, Florida 32399-1560 Phone (904) 488-2784 46