ORDINANCE NO. 2006-58

AN ORDINANCE ESTABLISHING THE AMELIA CONCOURSE COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; NAMING THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Amelia Concourse Development, LLC (hereafter "Petitioner"), having obtained written consent to the establishment of the District by the owner of one hundred percent (100%) of the real property to be included in the District, petitioned the Board of County Commissioners of Nassau County (the "County") to adopt an ordinance establishing the Amelia Concourse Community Development District (the "District") pursuant to Chapter 190, Florida Statutes (2005); and
' '

WHEREAS, Petitioner is a limited liability corporation authorized t _ ;9nd, t business in the State of Florida and whose address is 2955 Hartley Road, Suite Hffi, Jacksonville, Florida 32257; and
;.- '

WHEREAS, all interested persons and affected units of general-purpose local
government  were  afforded  an  opportunity  to  present  oral  and  written  commenfs  on:Jhe, Petition at a duly noticed public hearing conducted by the County on July 10th,:i@06; and
-= -" >  -     -,	; , -,

WHEREAS, upon consideration of the record established at that hearing, the County determined that the statements within the Petition were true and correct, that the establishment of the District is not inconsistent with any applicable element or portion of the state comprehensive plan or the local government comprehensive plan, that the land within the District is of sufficient size, is sufficiently compact, and sufficiently contiguous to be developable as a functionally interrelated community, that the District is the best alternative available for delivering community development services and facilities to the area served by the District, that 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 that 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.

NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Nassau County, Florida:

SECTION 1. AUTHORITY.

This ordinance is adopted in compliance with and pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes as amended (the "Act").

SECTION 2. DISTRICT NAME.

There is hereby created a community development district situated entirely within unincorporated Nassau County, Florida, which District shall be known as the "Amelia Concourse Community Development District."

SECTION 3. EXTERNAL BOUNDARIES OF THE DISTRICT.

Encompassing approximately 199.83 acres, the external boundaries of the District are described in Exhibit A attached hereto.

SECTION 4. FUNCTION AND POWERS.

Pursuant to general law, the exclusive charter for each independent community development district established under Chapter 190, Florida Statutes, is the uniform community development district charter (the "Uniform Charter") as set forth in ss.
through 190.041, Florida Statutes. This Uniform Charter is not subject to modification by the local general purpose government under which it is established. The Uniform Charter grants certain general and special powers among which include the following:

General Powers - The District and the District's Board of Supervisors are authorized to exercise all powers granted pursuant to the Uniform Charter of the Act as amended through the date hereof and as such may be amended from time to time. Said powers include, but are not limited to the power:

To sue and be sued in the name of the district; to adopt and use a seal and authorize the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to dispose of, real and personal property, or any estate therein, and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

To apply for coverage of its employees under the state retirement system in the same manner as if such employees were state employees, subject to necessary action by the district to pay employer contributions into the state retirement fund.

To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature. Such contracts shall be subject to public bidding or competitive negotiation requirements as set forth in
s. 190.033, Florida Statutes.

To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any district purposes and enter into agreements required in connection therewith; and to hold, use, and dispose of such moneys or property for any district purposes in accordance with the terms of the gift, grant, loan, or agreement relating thereto.

To adopt rules and orders pursuant to provisions of Chapter 120, Florida Statutes, prescribing the powers, duties, and functions of the officers of the district; the conduct of the business of the district; the maintenance of records; and the form of certificates evidencing tax liens and all other documents and records of the district. The board may also adopt administrative rules with respect to any of the projects of the district and define the area to be included therein. The board may also adopt resolutions which may be necessary for the conduct of district business.

To maintain an office at such place or places as it may designate within the county in which the district is located or within the boundaries of a development of regional impact or a Florida Quality Development, or a combination of a development of regional impact and a Florida Quality Development, which includes the district, which office must be reasonably accessible to the landowners.  Meetings  pursuant to s. 189.417(3), Florida Statutes of a district within the boundaries of a development of regional impact of Florida Quality Development, or a combination of a development of regional impact and a Florida Quality Development, may be held at such office.

(7)(a) To hold, control, and acquire by donation, purchase, or condemnation, or dispose of, any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this act and to make use of such easements, dedications, or reservations for any of the purposes authorized by this act.

(b) When real property in the district is owned by a  governmental entity and subject to a ground lease as described in s. 190.003(13), Florida Statutes, to collect ground rent from landowners pursuant to a contract with such governmental entity and to contract with the county tax collector for collection of such ground rent using the procedures authorized in s. 197.3631, Florida Statutes, other than the procedures contained ins. 197.3632, Florida Statutes.

To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any projects of the type that the

district is authorized to undertake and facilities or property of any nature for the use of the district to carry out any of the purposes authorized by this act.

To borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as hereinafter provided; to levy such tax and special assessments as may be authorized; and to charge, collect, and enforce fees and other user charges.

To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of the district activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law.

To exercise within the district, or beyond the district with prior approval by resolution of the governing body of the county if the taking will occur in an unincorporated area or with prior approval by resolution of the governing body of the municipality if the taking will occur within a municipality, the right and power  of eminent domain, pursuant to the provisions of Chapters 73 and 74, Florida Statutes, over any property within the state, except municipal, county, state and federal property, for the uses and purposes of the district relating solely to water, sewer, district roads, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land  of another.

To cooperate with, or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized herein or by the Act.

To assess and impose upon lands in the district ad valorem taxes as provided by the Act.

To determine, order, levy, impose, collect, and enforce special assessments pursuant to the Act and Chapter 170, Florida Statutes. Such special assessments may, in the discretion of the district, be collected and enforced pursuant to the provisions of ss. 197.3631, 197.3632, and 197.3635, or Chapter 170, Florida Statutes.

To exercise all of the powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by the Act.

To exercise such special powers as may be authorized by this Section and the Act.

Special Powers - The District and the District's Board of Supervisors are authorized to exercise all special powers granted pursuant to the Uniform Charter of the Act as amended through the date hereof and as such may be amended from time to time. Said powers include, but are not limited to the power:

To finance, fund, plan, establish, acquire, construct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following:

Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges.

Water supply, sewer and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system.

Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill or cut.

1. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights.

2.	Buses, trolleys transit shelters, ridesharing facilities and services, parking improvements, and related signage.

Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervisions or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination.

Conservation areas, m1t1gation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property.

Any other project within or without the boundaries of a district when a local government issued a development order pursuant to s. 380.06 ors. 380.061, Florida Statutes, approving or expressly requiring the construction or funding of the project by the District, or when the project is the subject of an agreement between the District and a governmental entity and is consistent with the local government comprehensive plan of the local government within which the project is located.

(C) Additional Powers - Consent is hereby given to the  District  and  the District's Board of Supervisors to finance, fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for parks and facilities for indoor and outdoor recreational, cultural, educational and security uses as authorized and described by Section 190.012(2), Florida Statutes.

SECTION 5. BOARD OF SUPERVISORS.

The five persons designated to serve as initial members of the District's Board of Supervisors are as follows: Vic Hacker, Betsy Towers, William Cellar, Donna Green and Gregory E. Matovina. All of the above-listed persons are residents of the state of Florida and citizens of the United States of America.

SECTION 6. SEVERABILITY.

If any provision of this ordinance is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 7. EFFECTIVE DATE.

This Ordinance shall take effect pursuant to general law.

DONE AND ADOPTED in regular session this 10th day of July, 2006.

 -1		Jt:,,	I/

BOARD OF COUNTY COMMISSIONERS NASSAU COUNTY, FLORIDA

THOSD. BRANAN
Its: Chairman

ATTEST:

APPROVED AS TO FORM AND LEGALITY BY THE NASSAU COUNTY ATTORNEY:

STATE OF FLORIDA DEPARTMENT OF STATE
Division of Library and Information Services

I, SUE M. COBB, Secretary of State of the State of Florida, do hereby certify that the above and foregoing is a true and correct copy of Nassau County Ordinance No. 2006-58, which was filed in this office on July 18, 2006, pursuant to the provisions of Section 125.66, Florida Statutes, as shown by the records of this office .

Given under my hand and the Great Seal of the State of Florida
at Tallahassee, the Capitol, this the 19th. day of July, A.D ., 2006.

5	........ ·	I,,!,
er tar	f	tat