REVIEW COMMENTS
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CERTllflED I RETURN RECEIPT
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CIty Clerk
CIty of Boynton Beach
POBox 310
Boynton Beach, FL 33425-0310
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October 29, 2004
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RE. High Ridge Quantum Community Development District
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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.
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Frances J Ware
AdmmIstratIve Assistant
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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
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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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
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Gl NERAL PRO\lSIONS F S 1SS9
U les In eXlstlnc or new I" crealed slale co:npuler sys
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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.
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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).
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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
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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~
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pages: L, induding cover sheet.
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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
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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
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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. BOX 21703, FORT LAUDERDALE, FLORIDA 33335-1703
1900 SOUTHEAST 17TH STREET CAUSEWAY, FORT LAUDERDALE, FLORIDA 33316
(305)763-8888 · FAX (305)763-8996
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Sun-Sentinel, Tuesday, July 9, 1991 Section 0
Office-park developer,
bank file suits over loan
By JOAN FLEISCHER
. 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.
My commission expires
d---
~otary Public, State of Florida
NOTARY JftJelle. !lTATI Olf 'LOR1!)A \..
., COMMbSIOH EllPIRE:S: JUHI18. 1'.2.
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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
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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
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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
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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
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.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
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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
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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
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"'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
!
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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
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Jro-
-Hll
as
lect
per-
ac-
e let
and
acy,
lvid-
ight
nen-
nen-
kind
- r
tl,is court and from which the majority
obviously does not intend to recede.
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.-.. >.:,. .. .........
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~."",lIiodt., ,..1 . ; ,~",,,,,,,,{!." ;
,.. ..~_~i;iip.E ~.....,. . .'. l'''' .....,.............. .
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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
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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
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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),
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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
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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
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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
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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,
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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
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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
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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
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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:
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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
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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
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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
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additional information to govern the levying of non-ad valorem
assessments for the purpose of garbage collection
17
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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
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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.
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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
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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:
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CE FORM 7 REV 1-90
19E
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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
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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
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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
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, 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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- 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
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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
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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
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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