7515-05
ORDINANCE NO. 7515-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA;
ESTABLISHING THE CLEARWATER CAY COMMUNITY
DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA
STATUTES; PROVIDING A TITLE; PROVIDING FINDINGS; CREATING
AND NAMING THE DISTRICT; DESCRIBING THE EXTERNAL
BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS
AND POWERS OF THE DISTRICT; CONSENTING TO THE USE OF
SPECIAL POWERS BY THE DISTRICT; DESIGNATING FIVE
PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE
DISTRICT'S BOARD OF SUPERVISORS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, DC703, LLC ("Petitioner"), as owner of or with consent of the owners
of one hundred percent (100%) of the real property to be included in the District, has
consented to the establishment of and petitioned the City Council of the City of
Clearwater (the "City") to adopt an ordinance establishing the Clearwater Cay
Community Development District (the "District") pursuant to Chapter 190, Florida
Statutes; and .
WHEREAS, Petitioner is a Florida limited liability company authorized to conduct
business in the State of Florida and whose principal place of business is 2704 Via
Murano, Clearwater, Florida 33764; and
WHEREAS, all interested persons and affected units of general-purpose local
government were afforded an opportunity to present oral and written comments on the
Petition at a duly noticed public hearing conducted by the City on September 1, 2005;
and
WHEREAS, upon consideration of the record established at that hearing duly
noticed, the City finds as follows:
(1) The statements within the Petition were true and correct; and
(2) Establishment of the District by this Ordinance is subject to and not
inconsistent with the local Comprehensive Plan of the City and with the State
Comprehensive Plan; and,
(3) The area of land within the District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developed as one functional, interrelated
community; and
(4) The District is the best alternative available for delivering community
development services and facilities to the area proposed to be serviced by the District;
and
(5) The services and facilities of the District will not be incompatible with the
capacity and uses of existing local and regional community development services and
facilities; and
(6) The area to be served by the District is amenable to separate special district
governance; and
WHEREAS, establishment of the District will constitute a timely, efficient,
effective, responsive and economic way to deliver community development services in
the area described in the Petition; and
WHEREAS, the Petitioner has requested the City for consent to exercise one or
more of the special powers granted by charter in Section 190.012(2), Florida Statutes;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Title. This Ordinance shall be known and may be cited as the
"Clearwater Cay Community Development District Establishment Ordinance."
Section 2. Council Findinos. The Council findings set forth in the recitals to this
Ordinance are hereby incorporated in this Ordinance.
Section 3. Authority. This Ordinance is adopted in compliance with and
pursuant to the Uniform Community Development District Act of 1980, Chapter 190,
Florida Statutes (2005).
Section 4. Creation of District; District Name. There is hereby created a
community development district situated entirely within the incorporated boundaries of
the City of Clearwater, Florida, which District shall be known as the "Clearwater Cay
Community Development District."
Section 5. External Boundaries of the District. Encompassing approximately
49.37 acres, the external boundaries of the District are described in Exhibit "A" attached
hereto.
Section 6. Functions and Powers. The District is limited to the performance of
those powers and functions as described in Chapter 190, Florida Statutes. Consent is
also hereby given, as provided in Section 190.012(2), Florida Statutes (2005), to the
District Board so long as it is in compliance with and subject to the City of Clearwater
Comprehensive Plan and subject to the regulatory jurisdiction and permitting authority
of all applicable other ordinances and regulations of the City, the power to plan,
establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and
maintain additional systems and facilities for parks and facilities for indoor and outdoor
recreational, cultural and educational uses, fire prevention and control, including related
buildings and equipment, school buildings and related structures, security, including but
not limited to personnel and equipment, mosquito and anthropods of public health
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Ordinance 7515-05
importance control, and waste collection and disposal. In the exercise of its powers, the
District shall comply with all applicable governmental laws, rules, regulations and
policies including, but not limited to, all City ordinances and policies governing land
planning and permitting of the development to be served by the District. The District
shall not have any zoning or permitting powers governing land development or the use
of land. No debt or obligation of the District shall constitute a burden on any local
general purpose government.
Section 7. Board of Supervisors. The five persons designated to serve as initial
members of the District's Board of Supervisors are as follows: Darcy Edwards, 2724
Via Murano, Unit 620, Clearwater, FL 33764; Gary Schwarz, 2722 Via Tivoli, Unit 416A,
Clearwater, FL 33764; David Schwarz, 2722 Via Tivoli, Unit 416A, Clearwater, FL
33764; Cristal Coleman, 2749 Via Cipriani, Unit 1015B, Clearwater, FL 33764; Fred
Clark, Sr., 2709 Via Cipriani, Unit 521A, Clearwater, FL 33764.
All of the above-listed persons are residents of the state of Florida and citizens
of the United States of America.
Section 8. Severability. Should any part or provision of this Ordinance be
declared by a court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Ordinance as a whole, or any part thereof other than the part declared to
be invalid.
Section 9. Effective Date. This Ordinance shall be effective immediately upon
receipt of acknowledgement that a copy of this Ordinance has been filed with the
Secretary of State.
PASSED ON FIRST READING
September 1, 2005:
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 15, 2005
4'~/~
~nk Hibbard
Mayor-Commissioner
Approved as to form:
Attest:
pa!Lfikin
City Attorney
'a E. GoudeaU.:
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erk '.
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Ordinance 7515-05