CITY OF DAVENPORT

Gateway to the Ridge

CLERK'SCERTIFICATE

(the	I,  Raquel Castillo,	the	undersigned City Clerk of the City of Davenport, Florida		
	"City"), DO HEREBY CERTIFY that:																		
																			
	(1)	Ordinance	No.		802 was	read and	approved	on	first reading	by	the City		
Commission  in	Regular	Session at a meeting duly	noticed	and	called	and	held	on		
November	14,		2016	in									
					the	Commission	Chambers								
									at		1		South	Allapaha	Avenue,		
Davenport, Florida, at which a quorum of the following									
	Commission was	present	and		
acting throughout:  Mayor Darlene Bradley, Vice-Mayor	Bobby Lynch, HS	Robinson,		
Tom	Fellows,		and	Crystal		Williams.		The	motion						
											for		approval  was	made	by		
Commissioner																	
	Williams and seconded	by Commissioner Fellows and carried.				
								
	(2)	Ordinance No.	802 was	duly enacted on	second	and	final reading by	the		
City Commission in Regular	Session at a meeting duly		noticed	and	called	and	held on		
December	12,		2016	in	the									
							Commission	Chambers									
										at		1		South	Allapaha  Avenue,		
Davenport,	Florida, at					of	the following Commission was	present and		
					which a quorum					
acting throughout:  Mayor Darlene Bradley, Vice-Mayor	Bobby Lynch, HB	Robinson,		
Tom	Fellows,		and	Crystal		Williams.	The	motion						
										for	approval  was	made	by		
																	
Commissioner Fellows and seconded by	Vice-Mayor Lynch						
		and	carried.						

of the

IN WITNESS WHEREOF, I have hereunto set my hand		
City this 14	th	day of December, 2016.		

and

affix the official seal

				ORDINANCE NO.  802		
AN	ORDINANCE  OF  THE  CITY  COMMISSION  OF  THE  CITY  OF		
DAVENPORT,  FLORIDA  ESTABLISHING  THE  DAVENPORT  ROAD		
SOUTH  COMMUNITY  DEVELOPMENT  DISTRICT  PURSUANT  TO		
CHAPTER	190,		FLORIDA   STATUTES;   PROVIDING   FOR   THE		
ESTABLISHMENT  AND  NAMING  OF  THE  DISTRICT;  PROVIDING		
FOR THE LEGAL DESCRIPTION OF THE EXTERNAL BOUNDARIES		
OF THE  DISTRICT;  PROVIDING FOR THE  DESCRIPTION OF THE		
FUNCTIONS	AND	POWERS	OF  THE	DISTRICT;  PROVIDING  FOR		
							
THE   DESIGNATION   OF   THE   INITIAL   MEMBERS   OF   THE		
DISTRICT'S  BOARD  OF SUPERVISORS;  PROVIDING  FOR  NOTICE		
REQUIREMENTS AND FOR COMPLIANCE WITH ALL REMAINING		
SECTIONS  OF	CHAPTER	190,  FLORIDA	STATUTES,  AND  ALL		
							
OTHER APPLICABLE LAWS  AND ORDINANCES;  PROVIDING FOR		
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.		
					RECITALS			

WHEREAS,

the  "Unifotm  Community  Development  Act

of

1980",  Chapter  190,

Florida method

Statutes (hereinafter referred to as the "ACT"), for establishing a community development district;

sets forth the exclusive and uniform and

WHEREAS,

Section  190.005(2)

of

the	ACT  requires  that  a  Petition  for  the

Establishment of	a Community Development District	of less than 1000 acres be filed by the		
petitioner with the municipality having jurisdiction over the				
							majority of land in the area in which		
the	be located; and						
district is to							
WHEREAS,								
			Section 190.00S(l)(a) of the ACT	requires that such petition contain certain		
								
information to be considered at a public hearing before the City	Commission of the City of		
											
Davenport, Florida ("City"); and						
WHEREAS,	Cassidy  Holdings  Group,  Inc.  ("Petitioner"),  having  obtained  written		
					
consent to the					of the Davenport Road South					
establishment		Community Development District (the		
									
"District") by the	owners of one-hundred percent (100%)	of	the real property to be included in		
						
the District and	having	presented documents evidencing the	control of the real property to be		

included in the District,	has	petitioned the City to adopt an ordinance establishing the District		

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pursuant to			Florida Statutes (2016); and									
		Chapter 190,										
	WHEREAS, the	Petitioner is a Florida corporation authorized to			in the		
																	conduct business			
State	of																					
	Florida and whose	principal place		of	business is 346 East Central Avenue,  Winter		

Haven, Florida 33880; and																	
	WHEREAS, the	Petition which was	submitted to the City on	September 26, 2016, has		

																		
been determined to contain the requisite	information as	mandated by Section 190.005(l)(a) of		
											
the ACT; and																				
	WHEREAS,  all	interested	persons	and		affected  units	of	general-purpose	local		

																				
government will be or have been afforded an opportunity to present oral and written comments		
on the Petition at a duly noticed public hearing conducted by the City on	December 12, 2016;		
																				
and																						
	WHEREAS, on																		
				December 12, 2016, the City considered the	record	of the public hearing		
																		
and  the  factors  set	forth	in	Section	190.005(1)(e)	of the  ACT,  and  upon	such  review,	has		

determined	that  granting  the  Petition  to  establish  the  Davenpo1t  Road  South  Community		
				
Development District is in the best							and								
						interestCity;ofthe											
	WHEREAS,	the	establishment	of the	District	shall  not  act  to  amend  any  land		
																
development approvals governing the land area to be included within the District; and			
	WHEREAS,	it is believed that the establishment	of the District will	result in a timely,		
																					
efficient, effective,																			
			responsive and economic way to	deliver community	development services in		

areathe	described in the Petition; and																
	NOW,	THEREFORE, BE IT	ENACTED by the City Commission of the City			
							
of Davenport,																				
		Florida as follows:																
	SECTION 1.	RECITALS																
						INCORPORATED.									
	The above recitals are true and correct and are incorporated herein.						

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	SECTION 2.  AUTHORITY.							
	This Ordinance is enacted in compliance with and pursuant to the Uniform Community		
Development District Act of 1980, codified in Chapter 190, Florida Statutes.  Nothing contained		
herein  shall  constitute an  amendment to  any land  development approvals  for  the land  area		
included within the District.									
	SECTION 3.  FINDINGS OF FACT.						
	The City hereby finds and determines, pursuant to Section	190.005(2) of the ACT, based		
									
on the	testimony and evidence presented before the City, and the record established at the public		
			
hearing that:										
	A.	All statements within the Petition are true and correct.		
	B.	Establishment of the	District and all land uses and services planned within		

the proposed  District are  not	inconsistent with applicable  elements  or	portions of the  state		
											
comprehensive plan,Cityorthe	of							
				Davenport Comprehensive Plan.					
	C.	The area	of land within the	District, described in Exhibit "A", which is		

attached hereto and incorporated	herein, is of a sufficient size, is	sufficiently compact and is		

sufficiently contiguous to be developed as one functional interrelated community.		
	D.	The District isalternativethebest	available for delivering the community		
development services and facilities to the area that would be served by the District.		

E.

The community development services and facilities

of

the District will not

be  incompatible  with  the  capacity  and  uses

of

existing  local  and  regional  community

development services and facilities; and

F. district government.

The area to  be served by the  District is amenable to separate special-

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SECTION

4.

ESTABLISHMENT

AND

DISTRICT

NAME.

There incorporated

is hereby limits of

created the City

a community development district situated entirely within of Davenport, Florida, which District shall be known as

the the

"Davenport Road South Community Development District", and which shall be referred to

in

this

Ordinance

as

the "District".

SECTION

5.

EXTERNAL

BOUNDARIES

OF

THE

DISTRICT.

The encompass

external 73 acres,

boundaries of more or less.

the District are described in Exhibit "A", and said boundaries

SECTION

6.

DISTRICT

POWERS

AND

FUNCTIONS.

The powers and functions

of

the District are described in Chapter

190,

Florida Statutes.

The  District

190.011  and

shall have 190.012(1)

all and

powers and (3), Florida

functions Statutes,

granted by the  ACT pursuant to	Sections	
as amended from time to time. In	addition,	

consent is hereby given to the District's Board of Supervisors to finance, fund, plan, establish,	
acquire,  construct,  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. Further,shallthe District	also have the authority to construct and to maintain a	
perimeter  wall/fence  for  the  District  so  long  as  the  construction  and  specifications  of the	
waWfence are first approved by the City.  The District shall have all further powers to establish	
additional systems and facilities as specified in the remaining subsections of Section 190.012(2),	

Florida Statutes,

so long as

said improvements and

each

of

their specifications are first approved

by the  City.  Pursuant to  Section  190.002(3),

Florida

Statutes,

the District shall  not have or

any	exercise

zoning or development pennitting powers governing land development or the use

of

land.

Bonds  to  be  issued  by  the  District  shall  not  constitute  a  debt,  liability  or  general

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obligation of the District, the City, the County or of the State	of Florida, or of any political	
subdivision thereof, but shall be payable solely from the Pledged Revenues designated for the	
Bonds.		
This Ordinance is not intended nor shall it be construed to expand, modify or delete any	
provisions of the Uniform Community Development District Act	of 1980, as set forth in Chapter	

190,

Florida  Statutes,

nor  shall

it

be  intended  to  modify,  restrict

or

expand  any  current

prospective development or utility agreements.

SECTION 7.  BOARD OF SUPERVISORS.

The five persons designated to serve as

initial

members

of

the

District's

Board

of

Supervisors are as follows:

Name:	W aiTen (Rennie) Heath

Address:	346 East Central Avenue

Winter Haven, Florida 33880

Name:	Lauren Oakley Schwenk

Address:	346 East Central A venue

Winter Haven, Florida 33880

Name:	Phillip Allende

Address:	346 East Central A venue

Winter Haven, Florida 33880

Name:	Andrew Rhinehart

Address:	346 East Central Avenue

Winter Haven, Florida 33880

Name:	Scott Shapiro

Address:	4901 Oak Fair Boulevard

Tampa, Florida 33610

SECTION

8.

SEVERABILITY.

If any section, unconstitutional by any

sentence, court of

clause or competent

phrase of this Ordinance is jurisdiction, then said holding

held

shall

to

in

be

no

invalid or way affect

the

validity

of

the remaining sections

of

this Ordinance.

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SECTION 9.  EFFECTIVE DATE.

This Ordinance shall take effect upon its approval

and publication as required by law.

INTRODUCED,  PASSED  AND  DULY  ADOPTED	ON	
Commission of	the  City of Davenport, Florida, meeting in	
November, 2016			

FIRST READING Regular Season this

by the City 14th day of

CITY COMMISSION

OF DAVENPORT, FLORIDA

ATTEST:

D, PASSED AND DULY ADOPTED ON SECOND READING	
Commission of	the  City of Davenport, Florida,  meeting in Regular Season this	
December, 2016		

by the City 12th day of

CITY COMMISSION

OF DAVENPORT, FLORIDA

ATTEST:

ORDINANCE NUMBER: 802

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EXHIBIT A
LEGAL DESCRIPTION

TRACTS 1 THROUGH 6 INCLUSIVE IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSIUP 27 SOUTH, RANGE 27 EAST, OF FLORIDA DEVELOPMENT COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGES 60 THROUGH 63, PUBLIC RECORDS OF POLK COUNTY, FLORIDA. LESS ROAD RIGHTS-OF-WAY.

AND

TRACTS 11 THROUGH 16 INCLUSIVE IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 27 SOUTH, RANGE 27 EAST, OF FLORIDA DEVELOPMENT COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGES 60 THROUGH 63, PUBLIC RECORDS OF POLK COUNTY, FLORIDA. LESS ROAD RIGHTS-OF-WAY.

AND

TRACTS 9 THROUGH 12 INCLUSIVE IN THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 27 SOUTH, RANGE 27 EAST, OF FLORIDA DEVELOPMENT COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGES 60 THROUGH 63, PUBLIC RECORDS OF POLK COUNTY, FLORIDA. LESS ROAD RIGHTS-OF-WAY.

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