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15-024 1 ORDINANCE NO. 15 -024 2 , AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 a FLORIDA, AMENDING ORDINANCE 06 -073 WHICH 4 i CREATED THE BOYNTON VILLAGE COMMUNITY 5 DEVELOPMENT DISTRICT REVISING THE 6 BOUNDARIES OF THE BOYNTON VILLAGE 7 COMMUNITY DEVELOPMENT DISTRICT TO 8 EXPAND THE DISTRICT BOUNDARIES BY 9 APPROXIMATELY 4.995 ACRES; PROVIDING FOR 10 j CONFLICTS, SEVERABILITY, CODIFICATION AND 11 ; AN EFFECTIVE DATE. 12 13 ' WHEREAS, on September 6, 2006 the City Commission approved a Petition 14 establishing the Boynton Village Community Development District which established the 15 boundaries of that District in accordance with Section 190.005(2), Florida Statutes; and 16 WHEREAS, The Boynton Village Community Development District has filed a 17 Petition to Expand the Boundaries of the CDD, which is attached hereto as Exhibit "A" and 18 made a part hereof and contains the information required pursuant to Section 190.046, Florida 19 Statutes; and 20 WHEREAS, a public hearing on the petition was conducted by the City Commission 21 on September 15, 2015, at City Hall in accordance with the requirements of Florida Statutes; 22 and 23 WHEREAS, the City Commission has determined that: 24 1. That all statements contained within the Petition have been found to be true 25 and correct. 26 2. That the expansion of the District boundaries is not inconsistent with any 27 applicable element or portion of the State Comprehensive Plan or of the effective local 28 government comprehensive plan. C:\ Users \prainitoj\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.1E5 \QXD1 PCBU \15 -024_- _CDD_ Boynton _Village_Boundary_Expnsion_ _Ordinance.doc Page 1 of 3 1 3. That the land within the proposed District is of sufficient size, sufficiently 2 compact and sufficiently contiguous to be developable as one functional interrelated 3 community. 4 4. That the expansion of the District boundaries is the best alternative available 5 for delivering the community development services and facilities to the lands within the 6 District boundaries. 7 5. That the area identified in the Petition is amenable to be included in the 8 proposed District; and 9 WHEREAS, the City Commission has determined that the expansion of the Boynton 10 ' Village Community Development District boundaries would be consistent with the criteria for 1 11 community development districts as set forth in the Uniform Community Development 12 District Act of 1980,Chapter 190, Florida Statutes; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 15 . Section 1. Each Whereas clause set forth above is true and correct and herein 16 incorporated by this reference. 17 Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, the 18 City Commission of the City of Boynton Beach, Florida hereby approves the expansion of the 19 boundaries of the Boynton Village Community Development District as set forth on the 20 Petition attached hereto as Exhibit "A ". 21 Section 3. That all ordinances or parts of ordinances in conflict herewith be and 22 = the same are hereby repealed. C:\ Users \prainitoj\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.1E5 \QXD1PCBU \15 -024_ _CDD_ Boynton _Village_Boundary_Expnsion_ _Ordinance.doc Page 2 of 3 1 Section 4. Should any section or provision of this ordinance or portion hereof, any 2 paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 3 such decision shall not affect the remainder of this ordinance. 4 Section 5. Authority is hereby granted to codify said ordinance. 5 Section 6. This ordinance shall become effective immediately upon passage. 6 FIRST READING this 3` day of September, 2015 7 SECOND, FINAL READING AND PASSAGE this 17 day of November, 8 2015. 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 YES NO 12 13 Mayor — Jerry Taylor 14 15 Vice Mayor — Joe Casello ✓ 16 17 Commissioner — David T. Merker 18 19 c Commissioner — Mack McCray ,/ 20 21 Commissioner — Michael M. Fitzpatrick 22! 23 24 VOTE 5 - 25` 26 ATTEST: 27+ 28 29 /1I• 4-Civitit 30 ' Jan t M. Prainito, MMC 31 • Clerk 32' 33 c Y 04. 34' 35 (I . o .eal) C: \Users to \Local \Microsoft \Windows \Temporary Internet Files \Content.1E5 \9155K2YF \15-024_-- _CDD_Boyn • 21 .g e_Boundary_Expnsion_ _Ordinance.doc Page 3 of 3 CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA IN RE: PETITION PURSUANT TO SECTION 190.046(1), FLORIDA STATUTES, TO EXPAND THE BOUNDARIES OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT PETITION TO EXPAND BOUNDARIES OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors (the "Board ") of the Boynton Village Community Development District, an independent special district established pursuant to Chapter 190, Florida Statutes (the "District "), and Ordinance No. 06 -073 of City of Boynton Beach, Florida (the "City "), adopted on September 6, 2006 (the "Ordinance "), hereby petitions the City Commission of the City of Boynton Beach, Florida (the "City Commission ") in accordance with Section 190.046(1) of the Uniform Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act "), to expand the boundaries of the District and in support thereof, hereby attests as follows: 1. That approximately 101.18 acres are currently within the external boundaries of the District. 2. That the Board desires to expand the boundaries of the District by adding approximately 4.995 acres as legally described on Exhibit A. Following such expansion of the District's boundaries, all lands in the District will continue to be located wholly within the jurisdictional boundaries of the City. {00010124.DOC v.1) 3. That the real property to be included within the external boundaries of the District does not exceed 50% of the acres initially located within the boundaries of the District and all petitions of the District, including this petition, submitted to the Commission subsequent to the initial petition seeking establishment of the District do not encompass more than a total of 500 acres. 4. That annexed hereto as Exhibit B and made a part hereof is a metes and bounds description of the external boundaries of the District following the proposed expansion of such boundaries. No real property within the external boundaries of the District as proposed is to be excluded therefrom. 5. That annexed hereto as Exhibit C is the estimated timetable for construction of any District facilities to serve the proposed expansion area and the estimated cost of constructing the facilities. 6. That annexed hereto as Exhibit D and made a part hereof is evidence of the written consent to the inclusion of its property in the District by the owner (directly or as attorney in fact) of one hundred percent (100 %) of the real property within the proposed expansion area. 7. That annexed hereto as Exhibit E and made a part hereof is a designation of the future general distribution, location, and extent of public and private uses of land within the proposed expansion area as shown on the future land use plan element of the City's comprehensive plan. 8. That annexed hereto as Exhibit F and made a part hereof is a statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes. 9. That following the proposed expansion of the District's boundaries (i) the property within the District will not be inconsistent with any applicable element or portion of the state comprehensive plan or of the City comprehensive plan; (ii) the property comprising the District will be of sufficient size, compactness, and contiguity to be developable as one functional interrelated community; (iii) the District will continue to present the best alternative available for delivering the community development facilities and services to the property that will be served by the District; (iv) the community development facilities and services of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and (v) the property comprising the District will be amenable to separate special- purpose government. 10. That all statements contained within this Petition are true and correct. WHEREFORE, Petitioner, the Board of Supervisors of the Boynton Village Community Development District, hereby respectfully requests the City Commission to: A. Direct its staff to notice, as soon as practicable, a local public non - emergency hearing pursuant to the requirements of Section 190.046(1)(b) of the Act to consider whether to grant the petition for the expansion of the District's boundaries and to amend the Ordinance establishing the District to reflect the new boundaries of the District. B. Grant this Petition and enact an ordinance pursuant to applicable law amending the Ordinance establishing the District to reflect the new boundaries of the District. RESPECTFULLY SUBMITTED this day of , 2015. BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT By: AA" Name: A-1404 Pee/ ow Title: ChairpersonlVice-Chairperson STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this 2 ° of Iv >J Z , 2015, by A:Qk- ' qz l 1s% the ChairpersonfVice- Chairperson of the Board of Supervi ors of the Boynton Village Community Development District, who is C personally known to me J or produced JJQJL as identification, Notary P Typed, printed or stamped name of Notary Public " . COLLEEN LIVERY . *: •. .+ MY COMMISSION $ EE 878898 ' ' EXPIRES: February 27, 2017 I 1 li EXHIBIT A LEGAL DESCRIPTION OF AREA TO BE ADDED TO DISTRICT SMU - Park Parcel, of "BOYNTON TOWN CENTER, A P.C.D ", as recorded in Plat Book 106, Pages 144 -151 of the Public Records of Palm Beach County, Florida; Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 4.995 Acres, (217,567 Square Feet), more or less. (00010124.DOC v.1) EXHIBIT B LEGAL DESCRIPTION OF NEW DISTRICT BOUNDARIES EXHIBIT A METES AND BOUNDS DESCRIPTION C3 - Parcel 1, C3 - Parcel 2, C3 - Parcel 3, C3 - Parcel 4, C3 - Parcel 5, C3 - Parcel 6, C3- Parcel 7, SMU - Parcel 3, SMU - Parcel 4, SMU - Parcel 5, SMU - Parcel 6, SMU - Parcel 7, SMU - Parcel 8, SMU - Lake Parcel, SMU - Park Parcel, Tract C -1, and Spine Road Tract, all of ` BOYNTON TOWN CENTER, A P.C.D ", as recorded in Plat Book 106, Pages 144 -151 of the Public Records of Palm Beach County, Florida, together with all of "CORTINA P.U.D. REPLAT", as recorded in Plat Book 109 at pages 196 -202 of said Public Records, said parcel being more particularly described as follows: COMMENCE at the Southwest comer of the Southwest One - Quarter (1/4) of said Section 20, Township 45 South, Range 43 East; THENCE on a grid bearing of N01 °22'46 "W, along the West line of said Southwest One - Quarter (1/4) of Section 20, a distance of 1312.24 feet; THENCE N88 °37'14 "E, a distance of 60.00 feet to a point on the East light -of -way line of Congress Avenue, said line also being 60.00 feet East of and parallel with the West line of the Southwest One - Quarter (1/4) of said Section 20, said point also being the POINT OF BEGINNING; THENCE N01 °22146 "W, a distance of 223.50 feet; THENCE N12 °12'46 "E, a distance of 29.78 feet; THENCE N01 °22'46 "W, a distance of 140.75 feet; THENCE N38 °37' 14 "E, a distance of 20.23 feet; THENCE S88 °37'14 "W, a distance of 10.00 feet; THENCE N01 °22'46 "W, a distance of 75.00 feet; THENCE S88 °37'14 "W, a distance of 10.00 feet; THENCE N01 °22'46 "W, a distance of 456.21 feet; THENCE N12 °09'15 "E, a distance of 29.91 feet; THENCE N01 °22'46 "W, a distance of 286.82 feet; THENCE N38 °03'52 "E, a distance of 17.71 feet; THENCE N01 °22'46 W, a distance of 89.10 feet; THENCE N47 °00'33 "W, a distance of 25.54 feet; THENCE N01 °23'03 "W, a distance of 291.10 feet; THENCE N12 °08'37 "E, a distance of 29.93 feet; THENCE N01 °23'03W, a distance of 285.65 feet; THENCE N38 °03'52 "E, a distance of 22.13 feet; THENCE S88 °36'57 "W, a distance of 21.06 feet; THENCE N01 °23'03 "W, a distance of 59.00 feet; THENCE N88 °36'57 "E, a distance of 25.06 feet; THENCE N47 °00'33 "W, a distance of 35.06 feet; THENCE N01 °23'03 "W, a distance of 468.48 feet to a point on the North line of said BOYNTON TOWN CENTER, A P.C.D.; THENCE N87 °45'57 "E, along said North line and the North line of said "CORTINA P.U.D. REPLAT, a distance of 1485.39 feet to a point on the East line of said BOYNTON TOWN CENTER, A P.C.D.; THENCE S06 °28'18 "E, along said East line and the EAST line of said CORTINA P.U.D. REPLAT, a distance of 760.86 feet; THENCE S30 °46'03 "E, continuing along said East line of CORTINA P.U.D. REPLAT a distance of 800.00 feet; THENCE S00 °41'03 "E, continuing along said East lines of CORTINA P.U.D. REPLAT and BOYNTON TOWN CENTER, A P.C.D., a distance of 1200.00 feet to a point on the South line of said SMU - Park Parcel; THENCE S89 °48'57 "W, along said South line, a distance of 419.29 feet; THENCE N78 °45'29 "W, along said South line a distance of 20.19 feet; THENCE S89 °48'57 "W, along said South line, a distance of 229.06 feet; THENCE N71 °32'14 "W, along said South line, a distance of 72.61 feet to a point on the West line of said SMU — Park Parcel; THENCE S00 °11'03 "E, along said West line, a distance of 27.22 feet to a point (on the South line of said BOYNTON TOWN CENTER, A P.C.D.; THENCE S89 °48'57 "W, along said South line, a distance of 80.00 feet; THENCE N00 °11'03 "W, a distance of 15.00 feet; THENCE 100010124.DOC v.1) S69 °03'41 "W, a distance of 42.32 feet; THENCE S89 °48'57 "W, a distance of 439.23 feet; THENCE N00 °11'03 "W, a distance of 1.00 feet; THENCE S89 °48'57 "W, a distance of 274.70 feet; THENCE N77 °46'36 "W, a distance of 39.56 feet; THENCE S89 °48'57 "W, a distance of 290.70 feet; THENCE N45 °47'05 "W, a distance of 45.01 feet to the POINT OF BEGINNING; Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 106.179 Acres, (4,625,160 Square Feet), more or less. EXHIBIT C CONSTRUCTION TIMETABLE AND COST ESTIMATE FOR AREA TO BE INCLUDED WITHIN DISTRICT BOUNDARIES COST START COMPLETE ESTIMATE CONSTRUCTION CONSTRUCTION Water Distribution System $57,952 October, 2015 October, 2016 Sanitary Sewer System $60,133 October, 2015 October, 2016 Roadway Improvements $136,195 October, 2015 October, 2016 Stormwater Management $31,812 October, 2015 October, 2016 System Total: $286,092 (00010124.DOC v.1) EXHIBIT D EVIDENCE OF WRITTEN CONSENT OF OWNER TO INCLUSION OF PROPERTY WITHIN THE EXTERNAL BOUNDARIES OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT {00010124.DOC v.1) AFFIDAVIT On this CA day of \ C. , 2015, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, & c..\A 1 o.y I who, after being duly sworn, deposes and says: 1. Affiant, Germ d Ay 0 or , is the p y g of the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida (the "City "). 2. The City is the fee title owner of the following described property, to wit: See Exhibit "A" attached hereto (the "Property "). 3. Affiant hereby represents that he /she has full authority to execute the Petition to Expand the Boundaries of the Boynton Village Community Development District on behalf of the City. 4. The Property consists of approximately 4.995 acres of real property located in the City. 5. Affiant, on behalf of the City, as the fee simple owner of the Property, in the capacity described above, hereby gives its full consent to the expansion of the external boundaries of the Boynton Village Community Development District to include the Property therein. IN WITNESS WHEREOF, I have hereunto set my hand this / 7 day of N o v'.nn ►Dear , 2015. CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: ✓ J�Z��'�� C Name: �; , A ir Title: !"f Art OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this 1 day of (1 o 2015, by G e-NE cJA 0-v et as `Mc,.A4 c,r of the City of Boynton Beach, a municipal corporation of the State of F lorida. He /she is personally known to me [ X ] or produced as identification. Q . A c Notary Public .0*. TAMMY L STANZIONE I r A.-`M L- S \ 0-_,,c\ 2_ ■C, h Q �•: '' '•: MY COMMISSION # FF213683 Typed, printed or ttamped name of Notary Public 4. EXPIRES March 25. 2019 (407, 39&0'53 faidaNarrySorvica.cam {00010124.DOC v.1} Exhibit "A" Description of Property SMU - Park Parcel, of "BOYNTON TOWN CENTER, A P.C.D ", as recorded in Plat Book 106, Pages 144 -151 of the Public Records of Palm Beach County, Florida, Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 4.995 Acres, (217,567 Square Feet), more or less. Excluding therefrom any and all public road right -of -way. I I EXHIBIT E DESIGNATION OF THE FUTURE GENERAL DISTRIBUTION, LOCATION AND EXTENT OF PUBLIC AND PRIVATE USES OF LAND PROPOSED FOR THE AREA TO BE INCLUDED WITHIN THE DISTRICT I {00010124.DOC v.1) I ' . I: 4... 4•V ::,........,, ., _, .." ,..1' IS is - MN 6 ig 1 . 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Community Redevelopment Area Q Urban CBD TCEA Boundary Expansion Area Railroads City Boundary I WATER Land Use Description LOW DENSITY RESIDENTIAL (LDR) Max. 4.84 D.U. /Acre MODERATE DENSITY RESIDENTIAL (MODR) Max. 7.26 D.U. /Acre== MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.58 D.U. /Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 10.8 D.U. /Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) INDUSTRIAL (I) RECREATIONAL (R) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) MIXED USE (MX) MIXED USE CORE (MXC) MIXED USE SUBURBAN (MXS) DEVELOPMENT OF REGIONAL IMPACT (DRI) CONSERVATION (CON) CONSERVATION OVERLAY (C /O) EXHIBIT F STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ( "SERC ") supports the petition to expand the boundaries of the Boynton Village Community Development District ( "District "). The District currently contains approximately 101.18 acres of land located in the City of Boynton Beach, Florida (the "City "). The proposed expansion area contains approximately 4.995 acres of land, also located in the City. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), Florida Statutes ( "F.S. ") governing District establishment as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of Boynton Village Community Development District The purpose of the District is to provide, operate and maintain public infrastructure, services, and facilities to a master planned mixed -use community containing a total of approximately 116 residential dwelling units and 435,441 square feet of commercial building area within the boundaries of the District, including approximately 26 residential dwelling units to be constructed within the proposed expansion area. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (2014), defines the elements a statement of estimated regulatory costs must contain: (a) An economic analysis showing whether the rule directly or indirectly; is likely to (1) have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; is likely to (2) have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after implementation of the rule; or is likely to (3) increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. {00010124.DOC v.1} (b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency (County), and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the ordinance. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (e) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Miami -Dade County is not defined as a small County for purposes of this requirement. (f) Any additional information that the agency determines may be useful. (g) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. "Note: the references to "rule" in the statutory requirements for the Statement of Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2) (a), Florida Statutes." 2.0 An economic analysis of potential impacts on economic growth, business competitiveness or increased regulatory costs, in excess of $1 million within the next 5 years. It is unlikely the establishment/creation of the District will meet any of the triggers in Section 120.541(2)(a), F.S. The basis for this determination is provided in the discussions in Section 3.0 through Section 6.0 herein. 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. At buildout, the estimated total population of the District will be approximately 2790, with the proposed expansion area having an estimated population of 65. The types of individuals likely to be affected by the ordinance will be the present and future residents of the District. 4.0 A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues. 4.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance Because the results of adopting the ordinance is establishment of a local special purpose government, there will be no enforcing responsibilities of any other government entity, but there will be various implementing responsibilities which are identified with their costs herein. State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed establishment of the District. The District, as established and expanded, will encompass under 1,000 acres; therefore, the City is the establishing entity under 190.005(2), F.S. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.018, F.S., the District must pay an annual fee to the State of Florida Department of Economic Opportunity which offsets such costs. City of Boynton Beach There will be only modest costs to the City for a number of reasons. First, review of the Petition to Expand the District boundaries does not include analysis of the development itself. Second, the Petition provides much of the information needed for a staff review. Third, the City already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the Petition. Fifth, the City routinely processes similar petitions for land uses and zoning changes that are far more complex than is the petition to expand the boundaries of a community development district. Finally, potential costs to the City of reviewing the Petition to Expand the District boundaries are offset by the required filing fee. The annual costs to the City, because of the establishment and expansion of the District, are also very small. The District is an independent unit of Local government. The only annual costs the City faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the City, or any monitoring expenses the City may incur if it establishes a monitoring program for this District. However, the Petitioner has included a payment of $1,500 to offset any expenses the City may incur in the processing of this Petition, or in the monitoring of this District. 4.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other units of local government. In accordance with State law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 below provides an outline of the various facilities and services the District may provide to the proposed expansion area: Table 1 PROPOSED FACILITIES AND SERVICES FACILITY/IMPROVEMENT PROVIDED MAINTAINED OWNERSHIP BY BY BY Water Distribution System CDD CITY CITY Wastewater Collection System CDD CITY CITY Roadway Improvements CDD CDD CDD Stormwater Management Improvements CDD CDD CDD CDD = Community Development District CITY = City of Boynton Beach The petitioner has estimated the costs for providing the capital facilities (the "Facilities ") outlined in Table 1 to the proposed expanded area. Total costs for those Facilities, which may be provided, are estimated to be approximately $286,092. The District may issue special assessment bonds in one or more series to fund all of the costs or a portion of the costs of these Facilities located in the District. The proposed bonds would be repaid through non -ad valorem special assessments levied on all benefitted properties within the proposed expansion area that may benefit from the District's infrastructure program as outlined herein on Table 2 below. Table 3 herein below provides an approximate timetable for commencement and completion of the Facilities. Prospective future landowners in the proposed expansion area may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non -ad valorem special assessments for debt service, the District may also impose a non -ad valorem assessment to fund the operations and maintenance of the District and its owned facilities and services. Furthermore, locating in the District by new property owners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non -ad valorem special assessments by various names and user fees as a tradeoff for the benefits and facilities that the District provides. A Community Development District ( "CDD ") provides property owners with the option of having higher levels of facilities and services financed through self - imposed assessments. The District is an alternative means to manage necessary development services with related fmancing powers. District management is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a property owner's association, City provision, or through developer equity and/or bank loans. In considering these costs it shall be noted that owners of the lands to be included within the District will receive three major classes of benefits. First, landowners in the District will receive a higher long -term sustained level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District and expansion of the District boundaries will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting, to determine the type, quality and expense of District services they receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low. II Table 2 COST ESTIMATE FOR DISTRICT FACILITIES FACILITY/IMPROVEMENT ESTIMATED COST Water Distribution System $57,952 Wastewater Collection System $60,133 Roadway Improvements $136,195 Stormwater Management Improvements $31,812 Total Estimated Cost $286,092 Table 3 TIMETABLE FOR DISTRICT FACILITIES Start Complete FACILITY/IMPROVEMENT Construction Date Construction Date Water Distribution System October, 2015 October, 2016 Wastewater Collection System October, 2015 October, 2016 Roadway Improvements October, 2015 October, 2016 Stormwater Management Improvements October, 2015 October, 2016 6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Approval of the petition to expand the District will have positive impacts on small business as defined in Chapter 288.703 (1), F. S. These positive impacts will result because the additional population in the District will require goods and services from small businesses. These services can be provided by the small businesses that currently serve the general area. Additional opportunities will also be created for new businesses to be formed or relocate to the area. No negative impacts have been identified for small businesses as defined. The City has an estimated population in 2010 (U.S. Census) that is greater than 10,000; therefore, the City is not defined as a "small City" according to Section 120.52, F.S, and there will accordingly be no impact on a small City because of the establishment of the District. 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the petitioner's engineer and other professionals associated with the Petitioner. 8.0 In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. There have been no good faith written proposals submitted to the agency as described in Section 120.541(1)(a), Florida Statutes. APPENDIX A LIST OF REPORTING REQUIREMENTS REPORT FL. STATUTE DUE DATE CITATION Annual Financial Audit 11.45 within 45 days of audit completion, but no later than 12 months after end of fiscal year Annual Financial Report 218.32 within 45 days of financial audit completion, but no later than 12 months after end of fiscal year; if no audit required, by 4/30 TRIM Compliance Report 200.068 no later than 30 days following the adoption of the property tax levy ordinance /resolution (if levying property taxes) Form 1: Statement of Financial Interest 112.3145 within 30 days of accepting interest the appointment, then every year thereafter by 7/1 (by "local officers" appointed to special district's board); during the qualifying period, then every year thereafter by 7/1 (by "local officers" elected to special district's board) Public Facilities Report 189.415 within one year of special district's creation; then annual notice of any changes; and updated report every 5 years, 12 months prior to submission of local government's evaluation and appraisal report Public Meetings Schedule 189.417 quarterly, semi - annually, or annually Bond Report 218.38 when issued Registered Agent 189.416 within 30 days after first meeting of governing board Proposed Budget 189.418 prior to end of current fiscal year Public Depositor Report 280.17 annually by 11/30 {00010124.DOC v.1)