Fr om : 8502456560 07/16/2010 13 :28 #170 P.D03/003

----ORDINANCE 2010-10

AN ORDINANCE OF SUMTER COUNTY CREATING THE -l..-1 S, NORTH SUMTER COUNrY UTILITY DEPENDENT E":J 0 """\""\ DISTRICT AS A DEPENDENT SPECIAL DISTRICT. AS ';;·~~ 0 .­EXPRESSED IN SECTION 189.4041, FLORIDA STATUTES; ~1,.1 '-c; ~ STATING Tim PURPOSE, POWERS, F1JNCTIONS, AND "!) '-;;.:. ~4"\ DUTIES OF THE DISTRICT; DESIGNATING mE '?-;~ -~ (?· GEOGRAPHIC BOUNDARY LIMITATIONS OF TIIE -:1 · " -

DISTRICT; STATING THE AUTHORITY OF THE DISTR1CT; ~-'f.'~ ~'"' EXPLAJNING WHY THE DISTRICT IS THE BEST o::.n ALTERNATIVE; DESIGNATING THE MEMBERS:Hll', ORGANIZATION, COMPENSATION, AND ADMINISTRATIVE DUTIES OF TIIE GOVERNING BOARD OF THE DISTRICT: STATING ALL FINANCIAL DISCLOSURES, NOTICING Ah"'D REPORTING REQUIREMENTS; STATING THE METIIODS FOR FINANCING THE .DISTRICT; DECLARING THAT TIIE CREATION OF THE DISTRICr IS CONSISTENT WITH THE APPROVED LOCAL GOVERNMENT COMPREHENSIVE PLANS, PROVIDING FOR SEVERABILITY AND EFFECTNE DATE. .

y'

· WHEREAS, Sumter County, Florida (the «Connty'') has received a request from North Sumter County Utility District, Inc., a FloridA corporation not for profit, for the creation of the North Smnter County _Utility Dependent District as a dependent special district in accordance with Chapter 189, Florida Statutes, which district will include the property described in Ex.illbit "A," attached hereto; and

WHEREAS, the decision of the County acting through its Board of . County Commissioners to establish the North Sumter CountY Utility Dependent District is authorized by Chapter 189, F1orida Statutes, Chapter 125, Florida Statutes, and Article VTII, Section 1 of the Florida Constitution; and

WHEREAS, the County has reviewed all factors as required by Chapter 189, Florida Statutes, and upon such review has determined that the establishment of the District is in the public interest of the County and its residents for their existing and future health, safety and welfare.

NOW, THEREFORE BE IT ORDAINED BY 'I1ffi BOARD OF COUNTY COrviMISSIONERS OF SUl\1TER COUNTY, FLORIDA, THAT THE FOLLOWING LANGUAGE SHALL BE CODIFIED IN SECTION 22 OF Tiffi SUMTER COUNTY CODE, HERETOFORE RESERVED :

{0021161 1) 1

.-.

July I, 20IO

NORTH SUMTER COUNTY UTILITY DISTRICT, INC.

2465 Violet Court

The Villages, Florida 32162

Sumter Landing Community Development District Attn: Ms. Janet Tutt 1894 Laurel Manor Drive The Villages, Florida 32162

Dear Ms. Tutt:

The North Sumter County Uti lity District, Inc. has requested Sumter County to adopt an ordinance pursuant to Florida Statutes, Chapter 189, to create the "North Sumter County Utility Dependent District (the "Dependent District").

The Dependent District is a Florida "Special District," and like the Community Deve lopment Districts you manage and operate, is a special unit of general purpose government and in need of general governmental support services .

We anticipate that the ordinance creating the Dependent District will be adopted on July 13, 20 I 0, and respectfully request that Sumter Landing Community Development District consider drafting a proposal for providing general governmental services on behalf of the Dependent District, and present said proposal at the organizational meeting of the Dependent District. We suggest an initial term of one year, however, since at this point we do not know to a certainty the Dependent Di strict 's activiti es, we are requesting that the Dependent Distri ct be entitled to cancel the agreement upon reasonable notice, such as 30 or 60 days .

Si ncerely.

The f3 onrd or Di1·cctors or . 'onll Sumter Count' Ut ilit \· Di stri ct. Inc .

SUMTER COUNTY BOARD OF COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Schedule Public Hearing on July 13, 2010 at 5:00 PM at the Sumter County Government Offices, 9 10 N. Main Street, Bushnell, Room 142 to Cons ider the Creation of the North Sumter County Utility Dependent District via Ordinance

REQUESTED ACTIO N: Sched ule Public Heari ug to cons ider lbe Ord ina nce

0 Work Session (Report Only) DATE OF MEETING: G/22/20 1 0 [ZJ Regular Meeting 0 Special Meeting

CONTRACT: 0 N/A Effective Date: Managing Division I Dept:

Vendor/Enti ty: Termination Date:

------------------

-------------------------------------

BUDGET £M PA CT: ~S.:....ee=-E=xpc..:l=a'~la::.::t.:..:i o~n:...::B=-c:..:l.:....o'.:...."------:-:---:-:------------0 Aruwal FUNDING SOURCE: Not Applicable 0 Capital EXPENDITURE ACCOUNT: Not App licable ~ NIA

HISTORY!fi'ACTS/ISSUES: A petiti on was presented by Mr. Gary W. Davis, Incorporator o f the Noti h Sum ter County Utility Distri ct, Inc. to create the North Sumler County Utilit y Dependen t Dis trict via the attac hed ordinance pursuant to Chapter 189 of the Flori da Statutes.

The si7.e of the pro posed dependent dist1ict encompasses those areas ofThe Villages DRJ south ofC-466 and North ofC-466A. The purposes behind the peti tion to creal~ the dependent district is based on the need to move forward with the acquisi tion of the assets of the North Sum ter County Ut il ity District as noted in the prev iously described geographic area of The Vill ages DRI. The created dependent di stric t, although labeled as dependent, has considerab le independence in its proposed fu ture actions including all !he powers of Chapter 189 of the Florida Statutes. TJu·ough this independent nature, it will be ab le to exercise all of those powers; however, the ordinance proposed does li mit its taxing power by placing a 0.25 millage rate cap. Also the dependent di stri ct will present anJiual ly a budget to the Sumter County Board of Commissioners (BOCC) to which the BOCC can only accept or reject. The dependent di strict wil l be go verned by elected officials, again from the prev iously described geographic area.

The manner of the crea ti on ofthc dependent distri ct under the Florida S tatutes should prec lude any of its actions from being a refl ecti on on the BOCC audit positi vely or negatively. Any legal or fi nancial issues therefore should be contained within the dependent district.

As par! of the continued benefi t of the local economy generated by The Villages, the proposed ordi na nce is part of the BOCC's co nt inu ed economic de\·clopmcnt e ffo rts to gro\\. Sumter Co unty.

ORDINANCE ----~

AN ORDINANCE OF SUI\,1TER COUNTY CREATING TI-lE NORTH SUMTER COUNTY UTI LITY DEPENDENT DISTRICT AS A DEPENDENT SPECIAL DfSTRlCT AS EXPRESSED IN SECTION 189.4041, FLORIDA STATUTES ; STATING THE PURPOSE, POWERS, FUNCTIONS, AND DUTIES OF THE DiSTRICT; DESIGN A TfNG THE GEOGRAPHIC BO UNDARY LIMITATIONS OF THE DISTRICT; STATING THE AUTHORITY OF THE DISTRICT; EXPLAINING WHY THE DfSTRICT IS THE BEST ALTERNATIVE; DES IGNATING THE MEMBERSHIP, ORGANIZATION, COMPENSATION, AN D ADMINISTRATIVE DUTIES OF THE GO VERNING BOARD OF THE DISTRICT; STATING ALL FINANCIAL DISCLOSURES, NOTICING AN D REPORTING REQUIREtvfENTS; STATING THE METHODS FOR FINANCING THE DISTRICT; DECLARING THAT THE CREATION OF THE DISTRICT IS CONS ISTENT WITH THE APPROVED LOCAL GOVERNi\1ENT COMPREHENS IVE PLANS, PROVfDING FO R SEVERABILITY AND EFFECTIVE DATE.

WHEREAS, Sumter Coun ty, F l o rid :~ (the ··Coun ty") has recei,·ed a req uest from North Sum ter County Uti lity Distri ct, Inc., a Florida corporation not for protl t. for the crea tion of the North Sumter Coun ty Uti lity Dependent District as a dependen t special district in accordance 'l;;tb, ~hary.Jft' ·, 1 .1\.P..~, '1 1Mhba 'Statutes. \,··ri JCI1 Ci1str1ct \,··ilr ·,nclui:le the property i:les6ibei:1 ·m Exh ibit "A . .'' attached hereto: and

\\'1-!ERE.-\S , the dec ision of the Coun ty ac ting through its Board of County Commi ssioners to establish the North Sumter County Ut il ity Dependent District is authorized by Chapter 189, Florida Statutes. Chapter 125. Florida Statutes, and Article Vfll , Sec tion I of the Florida Constitution: and

WHEREAS, the County has rev ie\\·ed all fac tors as required by Chapter 189, Florida Statutes, and upon such review has determ ined th C~ t the establishment of the Distri ct is in the pub! ic interest of the Co unty and its res idents for their ex isting and future health. safet y and \\·cllare.

i\0\\·. TII EREFOR.f BE IT OJ> 0.-\I NED DY THE 80:\RD OF COU0!TY CO;"\ I fl. SIONERS OF SLii\fTEIZ CU Lf0.! rY. FLOR ID.-\. Tl-1:\l TH I:: FULU)\\.11\G I :\ ~·c ;l · \CiE Sl l.-\11 BF CUUIFIE[) 1\' s n -- TIII \' :::::: Cl F TII F Sl_;, 111:1\ ( ()l 1\' I.Y CODF. 111 ·1\ 1 1·1 >I< li \F IU": T R\TI>

'j' II

SECTION I. ESTA BLISHMENT AND STATUS STATEMENT OF DISTRICT. The

"WHEREAS .. recitals above are hereby confirmed and adopted, and the County does hereby

establish the North Sumter County Utility Dependent District, hereinafter the .. Distri ct'' as a

dependent special district within the meaning of Chapte r 189, Florida Statutes, for all purposes

consistent with , and as authorized by Chapter 189, Florida Statutes, and all other applicable law.

SECTION 2. ESTABUSHMENT OF DISTRICT BOUNDARY. The geographic

boundary for the District shal l include and incorporate all property described as follows:

- I :

A PARCEL OF LAND LYfNG WfTHfN SECTIONS 13, 14, 15, 16, 17, 20, 21, 22, 23,

24, 25, 26, 27, 28 33, 34 , 35 , AND 36, TO\VNS HIP 18 SOUTH, RANGE 23 SOUTH,

AND WfTHfN SECTIONS I. 2. 3, AND 4, TOWNSHIP 19 SOUTH, RANGE 23 EAST,

SUivfTER COUNTY, FLORIDA. DESCRIBE D AS FOLLOWS:

BEGfN AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF

COUNTY ROAD NUivfBER 466-A \\ 'ITH RANGE LfNE 23 EAST (SUMTER

COUNTY) AND ftANGE LfNE 2-+ L \ ST (LAKE COUNTY), SUI\·ITER COUNTY.

FLORJDA:

THENCE RUN WESTERL Y ALONG THE NO RTH RJGHT OF WAY OF COUNTY

ROAD NUMBER 466-A TO ITS INTERSETION WITH THE WEST LINE OF THE

EAST 3/4 OF SECTION 3, TO \\'NS II IP 19 SOUTH, RANGE 23 EAST:

TJIENCE DE PARTING AFOREI\ IENTfONED RI GHT OF WA Y LIN E, RUN

ORTHERL Y AI.ONG THI~ S.-\lfJ \\.EST LINE OF THE Er\ST J-+ TO THE Ol iTf-1

I IN F OF TIIF \!C>R ri-1\\ TS I I -+ ( lF Tl·IF 1\;0R 11-l\\ T~T I -+ OF SECTI O\' J .

l < l \\·\"~ 1111 ' I'~ '-I WII-1. 1·: .\ ' , t i l ~~ I \'-I 111 1 \.ll 1\{.\ \\T:--; 11 1\ 1 Y .\1 <l\."~i

SAID SOUTH U NE TO ITS INTERSECTION WITH THE WEST LINE OF SECTION

3, TOWNS HIP 19 SOUTH , RANGE 23 EAST:

THENCE RUN WESTERLY ALONG THE SOUTH UNE OF THE EAST 1/2 OF THE

NORTHEAST 1/4 OF THE NORTH EAST 1/4 OF SECTION 4, TO\VNS HIP 19

SOUTH, RANGE 23 EAST TO THE \VEST LINE OF THE EAST 1/2 OF THE

NO RTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 4, TOWNS HIP 19

SOUTH, RANGE 23 EAST;

THENCE RUN NORTHERLY ALONG AFOREMENTIONED \VEST UNE TO ITS

rNTERCECTION WITH THE SOUTH LINE OF SECTION 33, TOWNSHIP 18

SOUTH, R_!\NGE 23 EAST;

THENCE RUN WEST ER LY ALO NG S.AfD SOUTH UNE OF SECTION 33 TO ITS

rNTERSCT10 N \\' ITH T1 IE EAST RIGHT OF \VA Y UNE OF COUNTY ROAD

NUtv!BER 462 :

TH ENCE RUN NORTHERLY ALONG SAID EAST RIGHT OF \VA Y LINE

N00°30'0 I "E, 624.00 FEET;

THENCE S89°56'27"E, 480.42 FEET:

THENCE N80°06 '20"E, 184.54 FEET;

THENCE N88°46'48"E. 41 0.04 FEET;

THENCE N8 7°26'32"E. !59. 77 FEET:

THENCe N8 1 °48'29'T. 95. 1 J FEET:

l i! El\CF 1\1-:; u tJ -:: '41 'T . I !L' .-lli 1·: EEl:

THENCE N76°41 '19"E, 132.74 FEET TO A POfNT ON THE WEST LINE OF THE

EAST 1092 FEET OF THE SOUTHWEST 1/4 OF SECTION 33. TOWNSHIP 18

SOUTH, RANGE 23 EAST:

THENCE NORTHERLY ALONG AFOREiv1ENTIONED WEST LIN E TO ITS

INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD

NUMBER 132:

THENCE WESTERLY ALONG AFOREMENTIONED NORTH RIGHT OF WAY

LINE TO ITS INTERSECTION WITH THE WEST LINE OF THE SOUTHEAST 1/4

OF THE NORTHWEST 1/4 OF SECTION 33. TOWNSHIP 18 SOUTH, RANGE 23

EAST;

THENCE NORTHERLY .-'\LONG THE WEST U NE OF THE SOUTHEAST 1/-i OF

THE NORTHWEST l/4 OF SECTION 33. TO\\'NSHIP 18 SOUTH. RA NGE 23 EAST

TO ITS rNTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST 1/-1 OF

THE NO RTHWEST 1/4 OF SECTION 33, THE \\ 'EST U NE OF THE SOUTHEAST

1/4 OF THE NO RTHWEST 11-1 OF SECTION 33. TOWNS HIP 18 SOUTH. RANGE 23

EAST:

TH ENCE WESTERLY ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF

THE NORTHWEST 1/4 OF SECTION 33 , THE WEST LINE OF THE SOUTHEAST

1/4 OF THE NORTH WEST 1/4 OF SECTION 33. TOWNSH IP 18 SOUTH , RANGE 23

I~AST TO ITS INTERSECTIO ' \\ .ITH THE E:\ ST UN[ OF THE \\'CST ~36 f-EET

(lF Til[ \ il )r\ TII\\ FS l l -1 UF Til f.- NClRTII \\ 1-ST I -1 ClF SFCT I O~ ~ ~ - TU\\ 0-iSIIIP

IS \ 111: 111. 1\ \ '-'<il . ~~ 1 - \-..; l . \ l~ i l 1~11 \ (, 1111" \\ · 1~ · 1 11.\.1 <l l- 11\. \ \.. .1 "<i'

· \ ·11 1 . \ < i 1· -..; 1 1[' -..; 1 \ 1 1 n~ 1 ' -: 1 1· 1 - w . \ < · < · < 11 : 1 1 1 \ 1 i 1-( 1 T 1 11 - 1 ) 1 A 1 1 1 11 1..: 1 ( 1 1· \-..;

RECORDED fN PLAT BOOK II , PAGES 18, I8A, I8B , 18C, I8D, AND 18E,

PUBUC RECORDS OF SUiv1TER COUNTY. FLORJDA;

THENCE NORTHERLY ALONG THE WEST UN E OF SA lD TRACT 'G' TO ITS

INTERSECTION WITH THE NORTH LINE OF SA ID TRACT 'G' ;

THENCE EASTERLY ALONG THE NORTH LINE OF SAID TRACT 'G' TO ITS

INTERSECTION WITH THE WEST LINE OF TRACT 'F', "V ILLAGES OF SUMTER

UNIT I70" , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT

BOOK II , PAGES I8, 18A. I8B, 18C, I8D, AND 18£, PUBLIC RECORDS OF

SUMTER COUNTY, FLORIDA;

THENCE NORTHERLY ALONG TH E 'v\'EST LINE OF SAID TRACT 'F',

N00°32'2 I "E 480. 00 FEET;

THENCE EASTERLY ALONG THE NORTH LIN E OF SAID TRACT 'F', S89 ~3 1 '06"E

210.00 FEET;

THENCE NORTHERLY ALONG THE WEST LIN E OF SAID TRA.CT 'F' ,

N00°32'2I "E 630.00 FEET TO THE NORTH U NE OF THE NO RTHWEST l/4 OF

SECTION 33 , TO\VNS HIP I8 SOUTH. RANGE 23 EAST AND THE SOUTH LINE

OF SAID TRACT 'F';

THENCE WESTERLY ALONG THE NORTH LINE OF THE NORTI-l\\·'EST l/4 OF

SECTION 33 , TOWNS HIP 18 SOUTH, RANGE 23 EAST AND THE SOUTH U NE

OF S:\fD TR .. \CT 'F'. TO TH E E:\ ST RIGHT OF \\ ·.,\ Y OF COUNT\' ROr\ D

N U \ f 13 1::: f\ I ~ I :\ N IJ T H I: \\ T S l L1 N E U F T R. \ C I 'L.. "\' I I L -\ Ci F S 0 F S Ll 1\ f T [ R

·: ' ' : ! '

BOOK II, PAGES 18, 18A, 18B. 18C, 18D, AND 18E. PUB UC RECORDS OF

SUMTER COUNTY. FLORIDA:

THENCE NORTHERLY ALONG AFOREt\ fENTIONCD EAST RlGHT OF WAY OF

COUNTY ROAD NUMBER 12 1, TO THE NOR Til U NE OF THE SOUTH 1/2 OF

THE SOUTHWEST 1/4 OF SECTlON 28, TOWNSH IP 18 SOUTH, RANGE 23 EAST

AND THE NORTH UNE OF "V ILLAG ES OF SUMTER UNIT 170" , ACCORDfNG

TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK II , PAGES 18, 18A,

18B. 18C. 18D, AND 18E, PUBUC RECORDS OF SUMTER COUNTY, F.LORJDA;

THENCE EASTERLY ALO G TH E 1 ORTH UNE OF "V ILLAGES OF SUMTER

UN IT 170" . ACCORDfNG TO THE PLAT THEREOF AS RECORDED IN PLAT

BOOK II. PAGES 18. 18 .-\. 18B. 18C. lSD. AND 18 E. PUBLIC RECORDS OF

SUt\·ITER COUNTY. FLORID.-\ THE FOLLOWING 3 COURSES;

I. S89°3.f'36"E 2622.35 FEET:

2. S89°36'.f7"E 15-+. 38 FEET:

3. N.f6°30'57" E 185 .33 FEET TO TH E t\ lOST WESTERLY CORJ'\IER OF

LOT 20. "VILLAGES OF SUi'l'fTER UNIT 169" . ACCORDfNG TO

THE PLAT TH EREOF AS RECORDED fN PLAT BOOK II. PAGES 3

AND 3A. PUBUC RECO RDS OF SUt\1TER COUNTY. FLORIDA;

THENCE . 'ORTII ER L Y TH E FOLLCJ\\'1 1\!G 'COURTS .-\LO~'G THI~ \\ 'ESTER.L Y

U N F (Jr "\' I L I. . \(ii ~ S <lF \ 1.\ IIT I\ 1_: \ TI !IN' . . \ CC()R Di i\.'(i TO 1111~ PL:\T

• I. !I

I j .. ~'

I. NOJ027'0-r'E 212.8 1 FEET

2. NI0° 19'32" E 212.9-1 FEET

J. NI2°53 'JJ''E 94.30 FEET

4. N20°23 '35"E 95.90 FEET

5. N23°16'2J"E 100 .04 FEET

6. NJr07'09"E 92 .46 FEET

7. N48° 11'35"E 170.00 FEET

8. N00°22 '4 1 "E 300.3-+ FEET TO THE NORTH LINE OF SAID

"VILLAGES OF SU 1\·1TER LJN IT 169";

TI IENC[ EASTERLY ALONG Tl IE NO RTH U NE OF SAID "V ILLAG ES OF

SUMTER LJNIT 169" TO THE \\'EST LI NE OF GOVEfU~t\ !ENT LOT I AND THE

\\'EST UNE OF LOT 66. "\ 'ILLAGES OF SUi\ ITER UNIT 168". ACCO RDING TO

THE PLAT THEREOF .-\S RECORDED IN PLAT BOOK I I. PAGES 12. 12.-\. I 28.

12C. 12D. 12E. 12F, 12G AND 12H. PUBLIC RECORDS OF SUl\1TER COLJNTY,

FLORlOA:

THENCE NORTHERLY ALONG THE \VEST LINE OF LOT 66 AN D TRACT 'M'.

SA ID ''VILLAGES OF SUi'dTER U 11T 168" . TO THE SOUTH U NE OF LOT 69.

S:'\ ID "\ ' ILL:\GFS OF SL',\ ITER l. 'NIT IM\:

THENCE WESTERLY ALONG THE SOUTH LfN E Or LOTS 68, 69 AND TRACT

'K', SAfO "V ILLAGES OF SUMTER UNIT 168 , N89°38'5 1 "W, 37549 FEET TO THE

WEST LfNE OF SAID TR..ACT 'K';

THENCE NORTHWESTERLY ALONG THE SOUTH \VEST LfNE OF TR.ACT 'K'

AND TRr'\CT 'J' THE FOLLOWING 3 COURSES, TO THE EAST UNE OF TRACT

T , "VIL LAGES OF SUMTER UNIT 168" , "V ILLAGES OF SUMTER UN IT 168" ;

I . N3 7°42 '31"\V 522.75 FEET;

2. N64° 13' 11 "'N 653 .77 FEET;

3. N89°38'31 "W 13 7.86 f-EET;

THENCE SOUTHERLY, WESTERLY. NORTHER LY AND EASTERLY ALONG

THE BO UN DARY OF SAID TRACT'!', THE FOLLOWING 5 COURSES. TO THE

\\ 'EST U N E OF TR..;CT 'H ', SA ID "VILLAGES OF SUI\,fTER UNIT 168" :

I . S00°2!'29"W I 00 00 FEET;

2. N89°38'3 1 " \V 160.00 FEET;

3. Nl3 °49' ll "W 207.74 FEET;

~ - N52°08' I I " \\ ' 1640 FEET;

" N7lFJ5' -1 9" [ 6 1 27 fTET:

11 11 \'( 1· '\..rii(I IIH~I Y \ I \l\'( i 1-111·. \\ ·1: <-; ·1 11~'-T tl/ -..;\Il l II\ \c·l 'II '.

'<11.;: tlr, ' lr l'" \\ 1-l r. J:\ Ill I I ll !"Ill '\.."( JI \ 1/ I II Niilr :-.;\ II J 11\.\(./ '11.

THENCE EASTERLY /\LONG THE NORTH U NE or SA ID TRACT 'H',

N79°35'49"E 2.01 FEET TO TH E \VEST LINE OF 'BA YPOINT \VA Y', SA!D

"V ILLAGES OF SUMTER UNIT I68":

THENCE NORTII ERL Y ALONG THE WEST LIN E OF SA ID 'BA YPOINT WAY' TO

ITS INTERSECTION WITH THE SOUTH LINE OF TRACT 'G', SATD "VILLAGES

OF SUMTER UNIT I68";

THENCE \VESTERL Y, NORTHERLY AND EASTERLY ALONG Ti lE SOUTH,

\VEST AND NORTHERLY UNE OF SA ID TRACT 'G' TO ITS INTERSECTION

WITH A LINE ORA \~'N N57°45'5I "E 27.89 FEET FRO!"v1 TH E 1\·fOST EASTERL Y

CO RNER OF LOT 96. S:\ID "VILLAG ES OF SUI\ ITER UN IT 168":

THENCE NORTHERLY FROI\f LAST DESCRIBED POINT TO THE

INTERSECTION OF THE SOUTHWEST CORNER OF TRACT 'J', "V ILLAGES OF

SUI\ fTER UN IT ·o. I7 I ". ACCORDING TO T HE PL.-\ T THEREOF A.S RECORDED

rN PLAT BOOK 8. PAGES -W, 40:\. 408 AND 400. PU BLIC RECORDS OF

SUMTER COUNTY, FLORIDA:

THENCE NORTH ERLY ALONG THE \\ 'EST LI NE OF SA ID "VILLAGES OF

SUMTER UN IT NO. I7I' ' TO THE INTERSECTION OF THE NORTH RIGHT OF

\\':-\ Y LINE OF COU TY ROAD UI\ !B ER 472:

TII ENCE \\ "ESTI:P L Y A I.ONG :\FORE1\ lt:NTIONCU NORTH LINE TO ITS

1\' ITRSF<...IIU;\ \\ "II II Till: 1-: . \~lii\"F <lF I IlL \\T~ I" I~ <ll" "!Ill \<J{ i I H\\FST

I -I < l I II II \ 1 q,: II I \\ I -.; I I -1 ( l I \I 1 . II t l \ ~ ! I 1 l \\. ' · '--1 Ill' I .'\ \ < ll ·1 II. I' \ "\l < i 1· .::' ~

I \\1.~1 \ll l : l}f.<il .\l'l l· ltll, ll l\.

I'.

THENCE NORTHERLY /\LONG A FOREl\1ENTlONEO U NE TO TH E

rNTERSECTION OF T HE NORTI I 1.1. C OF THE WEST 1/1 OF THE SOUTHWEST

l /4 OF THE NORTHWEST II-+ OF SA ID SECrfON 21:

THENCE WESTERLY ALONG AFOREMENTIONED NORTH UNE TO THE

NORTH WEST CORNER OF THE \VEST 1/2 OF THE SOUTHWEST l /4 OF THE

NORTHWEST 1/4:

THENCE \VESTERL Y ALONG THE NORTHEAST 1/4 OF THE NORTHEAST 1/4

OF SECTION 20, TOWNSH IP 18 SOUT H, RANGE 23 EAST, SUMTER COUNTY,

fLORIDA TO ITS rNTERSECTr ON \VfTH THE \VEST LrN C OF THE NORTH EAST

II-+ OF Ti lE NORTIIEAST l1-+ OF SAID SECTION 20;

THENCE NORTH ERL Y :\LONG .'\ FOREI\ fENTI ONED LINE TO THE

NORTHWEST CORNER or THE NO RTH EAST II-+ OF THE NORTHEAST 1/.f OF

SAID SECTION 20;

THENCE ALONG THE NORTH LI NE OF SA ID SECTION 20 AND THE SOUTH

U NE OF "V IL L AGES OF SUi\fTER U1 IT 0. 80". ACCORDI1 G TO THE PLAT

THEREOF AS RECORD ED IN PLAT BOOK 6 .. PAGES 42 AN D 42A , PUBLIC

RECORDS OF SUI\ !TER COUNTY. FLORIDA. TO ITS rNTERSECTION WITH THE

WEST LrNE OF S.A rD "VIL LAGES OF SUI\ fTER UNIT NO. 80", ALSO BEING THE

EAST LrNE OF TR.ACT 'A'. "V ILL:\GES OF Slli\ fTER UNIT NO. 79" . .ACCORDING

TO TilE PL A T THCRfOF .. \ ~ RFCORDCD IN PL\T BOOK 6. PAC ES ~7 . 27.-\. 27 0

.\ ND ~ "' C. Ill '11 1 IC I ~FC 1 liZI)~ ( lF Sl ',\ ITFI\ C '( li .\TY. I·U lR ID.\:

.I

THENCE CONTrNUE WESTERLY ALONG THE NORTH LfNE OF SAfD SECTION

20 AND THE SOUTH LINE OF SA ID TRACT 'A' TO ITS rNTERSECTlON WITH

THE \VEST LrNE OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNS HIP 18

SOUTH. R.ANG E 23 CAST. SUMTER COUNTY, FLORIDA ALSO BErNG THE

WEST LfNE OF SAID "VILLAGES OF SUMTER UNIT 79";

THENCE NO RTH ER.L Y ALONG SAlD WEST LrNE OF SArD "VIL LAGES OF

SUMTER UN IT 79'', TO THE NORTHWEST CORNER OF SArD "VILLAGES OF

SUMTER UN IT 79";

THENCE E.-\STERL Y ALONG THE NORTH LrNE OF TR..ACT 'C'. SAID

"VILLAGES OF SUMTER UN IT 79", TO THE NORTHEAST CORNER OF TRACT

'C'. SAID "V IL LAGES OF SUI\ !TER UN IT 79". ALSO BE ING TH E NORTH\\'EST

CO RNER OF TRACT 'B'. OF "V ILLAGES OF SUMTER UNIT NO. 78",

ACCORD ING TO THE PL.-\ T Tll EREOF AS RECORD ED fN PLAT BOOK 6. PAGES

17 .-\NO 17.-\ . PUBLIC RECORDS OF SUMTER COUNTY, FLORIDA;

THENCE CO fTfNUE E...\STERL Y ALONG THE NORTH LINE OF SA ID TRACT 'B' ,

TO ITS fNTERS ECT!ON \VITI I THE WEST LINE OF LOT 15, SAID "VfLLAGES OF

SUMTER UN IT 78";

THENCE NORTHERLY ALONG TH E WEST LINE OF LOTS 15 TO 19, BOT!!

fNCLUSI\'E. TRACT 'C' AND TR.ACT 'A', SA ID "VIL LAGES OF SUI\ !TER UN IT

78". TO THE NORTH\\TST CORNER OF SAID TR..-\CT '.-\':

riii-!\1CI- F . \~TFRL Y ·\I< >:\Ci I' IIF NOI\TII Ui\E OF S.-\lf) TR .-\ C r ':\". ru Til[

'<< ll( llll \.-.;1 {.tll-:.\.'11' 111 ~\II) ll ·~ . v·1 .\·. -\ 1~\l Hl-.1 \.(i Till '\(ll\ lll \\1.~1

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II

THE PLAT THEREOF AS RECORDED fN PLAT BOOK 6. PAGES 2 1 AND 2 1 A,

PUBUC RECORDS OF SUMTER COUNTY. FLORIDA:

T IIENCE CONTINE EASTERL Y A LONG THE NORTH U NE OF SAID T~\CT 'A '

TO ITS rNTERSECTION WITH THE EAST LrNE OF SAID " VILLAGES OF

SUMTER ARLINGTON VILLAS";

THENCE SOUTHERLY ALONG AFOREMENTIONED EAST LINE TO ITS

INTERSECTION \VITI I THE NORTH UNE OF "VILLAGES OF SUMTER

HIALEAH VILLAS REP LA T", ACCORDrNG TO THE PLAT THEREOF AS

RECORDED IN PLAT BOOK 6. PAGES 36 AND 36A. PUBLIC RECORDS OF

SUMTER COUNTY. FLORJDA:

THENCE EASTERLY ALONG AfOREt-- l ENTI ONED NORTH UNE Or " VILLAGES

OF SU!'v!TER Hl.ALEAH VILLAS REPLA T" TO ITS fNTERSECTI ON WITH THE

WEST RIGHT OF \\'A Y OF BELVEDERE BOULEV.-\RD AS SHO\\'N ON

"\'ILLAGES OF SUi\fTER CIIER_R Y HILL V lLL.-\S", ACCORDING TO THE PL.-\ T

THEREOf .-\S RECORDED rN PLAT BOOK 6. P.-\GES 6 AND 6:\. PUBLIC

RECORDS OF SUt---lTER COUNTY. FLORIDA:

TH ENC E EASTERLY AT RIGHT ANG LES TO A FOREMENTIONED EAST RIGHT

OF WAY U NE S52°59'05 "E. 60.00 fEET TO A POIN T ON THE WEST RIGHT OF

\\'A Y U N E 0 F S .-\ I D B E L \'ED ERE 13 0 ll LEV/\ R D:

T II ENCE 1'\0RTHERIY .-\LO G SAID E.-\ST RIGHT OF \\ ':-\ Y LIN t:: TO ITS

1\'.1'1-'I{SH. rl n \ \\ III-I 1111-: SU!i -111 RI Ci HI OF \\ ._ \Y II. T OF 1' . \ IZI~ 1)1{1\. F .\ ~

...; I I I ) \\ '< I ) ', . \ "II I \ \ i I " I I '·. \ '~ ( "I \ I I "I '\. I I ·I.: . . . \ ( ( I "~ I ) I '\. ( i I ( I I I II . I' I \ I

I ~

. . ' ~ ..

THEREOF AS RECORDED fN PLAT BOOK 6. P /\GES 46 AND 46A. PUB LIC

RECORDS OF SUiv1TER COUNTY. FLORIDA:

THENCE EASTERLY ALONG AFOREiv1ENTIO NE D SOUTH RIGHT OF V/A Y

LfNE TO ITS ITERSECTION WITH TH E EAST RIG HT OF WAY UNE OF SA ID

PARR DRJYE;

THENCE NORTHERLY ALONG AFOREl'vfENTIONED EAST RIGHT OF WAY TO

ITS fNTERSECTION WITH THE SOUTH RIGHT OF \VA Y OF COUNTY ROAD

NUMBER 466:

THENCE EASTERLY AND SOUTH EASTERL \' ALONG SOUTH RIGHT OF \VA Y

OF COUNTY ROAD NUMBER 466 TO ITS INTERSECTION WITH THE EAST

U NE OF TH E SOUTHWEST 1/..f OF THE SOUTHE:\ST 1/..f OF SECTION 13,

TOWNS HIP 18 SOUTH, RANGE 23 CAST:

THENCE SOUTHERLY ALONCi AFOREi\·lENTIONED EAST U NE S00°02' 15"W,

209. 95 FEET;

THENCE SOUTHEASTERLY S5-l 0 00' 17" E. 2 11.1 8 FEET TO A POINT ON THE

SOUTH LfNE OF SAID SECTION I 3;

THENCE WESTERLY ALONG THE SOUTH U NE OF SECTION 13 TO THE

SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF

SA ID SECTION 13:

THENCC SOUTI IERL Y ALONG THC L\ST LI 1£ OF TI-lE NO RTHWEST 1/..f OF

TI·IF NO RTf 1[ -\ Sl I ..f UF SFCTI (H\ ~..f . TO\\ NS I·II P IS SOL 1 Ill. F.:\~GE ~:; 1::..·\S 1·

r(i 1 ·1~ 11\IT iz:-; l ·c l-l\i\ \\lrl -1 11 11 - \< ll : lll Ll:-\ 1 ti l 1"11 1" ~: 1 JI(III\\I : '-,II -1 () I

I' I II-' f\: 1 l I\ 1·1 II· \ \ -I I -1 < l I· \ \ II l .\ I ( . I II i '\.; _' -1

I _;

THENCE ~'ESTERLY ALONG AFO R£i\,1ENTIONED SOUTH UNE TO ITS

fNTE RSECTION WITH THE NORTI-1 -SOUTH MID SECTION LINE OF SA ID

SECTION 24 :

THENCE SOUTHERLY ALO NG SA fD MID SECTION LINE TO !TS

fNTERSECTION WITH THE NORTH LfNE OF THE SOUTHWEST 1/4 OF THE

SOUTHEAST 1/4 OF SAID SECTION 24 ;

THENCE EASTERLY ALONG THE AFOREMENTIONED NORTH LINE TO THE

NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF

SAID SECTION 24;

THENCE SOUTHERLY .-\LONCJ THE EAST LINE OF THE SOUTHWEST 1/4 OF

TH E SOUTI lEAST 1/-1 OF SAfD SECTION 2-l. TO ITS INTERSECTION WITH THE

NORTH LINE OF THE SOUTH J/4 OF TH E SOUTHEAST 1/4 OF THE SOUTHEAST

1/4 OF SAfD SECTION 2-1:

THENCE EASTERLY ,~LONCJ AFOREiviCNTIONED NORTH LINE TO THE

fN TERSECTI ON WITH THE WEST RICJ HT OF WAY OF SUMTE R COUNTY

ROAD NUMBER I 00. ALSO BEfNCJ CHERR '!' LAKE ROAD, LAKE COUNTY;

THENCE SOUTHERL Y ALONG AFOREMENTIONED WEST RIGHT OF WAY

LINE TO ITS INTERSECTION WITH THE SOUTH LINE OF THE NO RTHEAST 1/4

OF SECTION 25. TO\\'NSHIP 18 SOUTH. RANGE 23 EAST;

TI IENCE \\"1:-:STERL Y .-\LONCi AFOR[I\ IENTI ONE D SOUTH LINE TO ITS

II\! T F R <:; r C T I () \ \\ I r I I T I 11: \\ T) l L I ~ 1· U I ·1 I I r \ \ H\ T II :; -W F FE T 0 F T 1-1 F F \ S l

() 11' r rT 1 ( ,, -, 1 w " ( ) 1 1 111 - \" 1 1 -1 ( , 1 -..; \ 11 ) "1 t 1 1 ( ) ": ~ _:;:

I !

THENCE SOUTH ERLY ALONG AFOREMENTIONED WEST UN E TO ITS

INTERSECTION \\' IT!-1 THE SOUTH UNE OF THE NO RTH 540 FEET OF THE

EAST 965 FEET OF TH E SOUTHEAST 1/4 OF SAfD SECTI ON 25;

THENCE EASTERL Y ALONG TH E AFORE MENTIONED SOUTH U NE TO ITS

INTERSECTION WITH THE WEST RlGHT OF WAY OF SUMTER COUNTY

ROAD NUMBER I 00, ALSO BEING CHERRY LAKE ROAD , LAKE COUNTY:

THENCE SOUTHERLY ALONG AFOREMENTIONED RIGHT OF WAY TO ITS

INTERSECTION WITH TH E NORTH LINE OF LANDS DESCRiBED IN OFFICIAL

RECORD BOOK NUMBER 138. PAGE 36 1, PUB LIC RECORDS OF SUMTER

COUNTY. FLORIDA. ASLO BEING THE SOUTH U NE OF ''V ILLAG ES OF

SUi\·lTER UN IT NO . 127" . ACCORD ING TO THE PLAT THEREOF AS RECO RDED

fN PLAT BOOK 9. P,\GES 9. 9A ,.\ND 9B. PUB LI C RECORDS OF SU l\·1TER

COUNTY. FLORIDA:

THENCE \\'ESTERLY ALO. 1G AFOREMENTIONED NO RTH LINE TO ITS

INTERSECTI ON WITH TH E \\'EST U NE OF LANDS DESCRIBED fN OFFICIAL

RECORD BOOK NU MB ER I 38, PAGE 36 1. PUBLIC RECORDS OF SUMTER

COUNTY, FLORIDA, ALSO BEING THE EAST LINE OF "VILLAGES OF SUMTER

UNIT NO. 130". ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT

BOOK 9. PAGES 17 AN D 17.'\. PUBLIC RECORDS OF SUMTER COUNT'{_

Fl. OR I D.'\:

lln: ~Cl- S<Jl'IIII · I\ I.Y \l<l\<i \l~ llf\F ,\11 ~\ li ON[IJ 1: \SI 11 0-;1= TU ITS

1 ~1 11\\ll!l ,, .. , \\Il l ! 1111 \.11/\111 II\! · 1!1· 1111 \.(ll\111 ! ~ <!I 1·111

SOUTHEAST 1/4 OF THE NORTII EAST 1/4 OF SECTION 36. TOWNSHI P 18

SOUTH. R..-\NGE 23 EAST:

THENCE \\ 'ESTER LY ALONG Af-ORE!v!ENTION ED IQRTH LINE TO THE

NORTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE

NORTHEAST 1/4 OF SAfD SECTION 36;

THENCE SOUTHERLY ALONG THE WEST LIN E OF TH E NORTH 1/2 OF THE

SOUTHEAST 1/-t OF THE NORTHEAST 1/-t OF SAID SECTION 36 TO THE SOUTH

UNE OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF

SAID SECTION 36;

THENCE E.-\STERL Y ALONG AFOREI'viENTIONED SOUTH LINE TO ITS

INTERSECTION \\ 'ITH RANGE L1 l[ 23 E.-\ST (SU I\ ITER COUNTY) .-\ ND RANG E

LINE 2-1 E.-\ ST (L.-\ KE COUNTY). SUMTER COUNT'\". FLORIDA:

THE, CE SOUTHER LY ALONG SA ID R..ANGE LINE TO ITS Ir TERSECTION

\\ 'JTI I Til E NORTH RIGHT OF \\'A Y OF COUNTY R0.-\0 NUI\ IB ER 466A ,\ NO

THE POINT OF BEGINNING.

LESS TH E FOLLOWI NG DESCRIB ED PARCE L OF LAN D. THE SOUTH 296 FEET

OF Et\ ST 296 FEET OF THE SO UTH WEST I 14 OF THE SOUTHE:-\ST I / -1 OF

SECTION 2-1 , TOWNS HIP 18 SOUTH. RANGE 23 EAST.

zdi o f \\'h ich is located \ \' ith in the unincorporated j ur isd ic ti on or the Count). The abO\'C descr ibed

I >I:--- I 1·: I< . I

. ·: I"

projects , improvements. infrastructure and other "pub lic facil ities .. to the District communi ty ,

includ ing the fo llo,ving po \\-ers:

a. The ri ght to exercise any and all pro,· is ion or powers granted to the

District by applicab le Ia\\';

b. The full and complete right to contract. including, but not limited to, the

ri ght to contract for the se rvices of consultants to perfonn planning , engineering, legal , or other

appropriate se rvices of a profess ional nature;

c. The authority to presc ri be, fix, maintain and regulate fees , charges or rents

fo r the use of any District faci lit ies or se rvices:

d. The authority to borrow money, issue bonds and other types of securities,

pledge or orh en,·ise encumber an) of the Distri ct ·s property or assets upon terms and conditions

to be de termined by the District Board:

e. The right to adopt and enfo rce reasonab le rules and regul ations or

procedures pertaining to the use. acquisition. maintenance. de,·e lopment. operation or d isposal of

an\ o f the propert ies. sen ·ices. fa cilit ies . or projec ts of the Di stri ct:

f. The right to do. and to perform all such things separately or in conjuncti on

with a county, municipa lity. other specia l di strict s or other poli tical subd ivision of the sta te

whether the same is within or without the territorial limits of the Distri ct:

g. The right to employ and compensate a stall and such personneL

con ~ ultants and tec hnical and prLd'e ss ional assistants as the Distri c t BoJrd shall detcm1ine to be

h. The right to conduct and pay for studies. plans and designs to effectuate

the purpose of the Distr ict. which act ion may include. but is not limited to , ,,·o rk plans for

expansion. starfi ng plans and financing plans;

1. The right to en ter into interlocal agreements or other contracts with public

o r private entit ies, if necessary. for the purpose of accomplishing the purposes of the District;

J. The right to enter into contracts ,,·ith public or private entit ies for the

provision of assis tance in plann ing. financ ing and constructing any and all faci liti es and se rvices

as de termined to be appropriate and des irable by the District Board;

k. The right to contrac t for appropr iate engineering and financia l feas ibil it\·

studies:

I. The ri gh t to maintain an orfice at such place or places \\ithin the ten·ito rial

bound;1ry of the District as the District Board may Jesignatc;

m. The right to accept and recei,·e. uti lize or expend, in furthe rance of its

funct ions. funds. grants and sen·ices from the federal go,·e rnment or its agenctes. from

de partments. agenctcs and instrumenta lities of state. municipal, county or other local

go,·ernments. or from· pri,·ate or ciYic sources:

n. The right to in, ·est in accordance ,,·ith applicable Florida law any surplus

money, moneys in any si nk ing fund or other fund established for the purpose of providing for the

pa:'ment of the principal or interest of" an' bonded or other indebtedness or for am· other

11urpose :

_ .. _.,

charge. co llect. and enfo rce fees and other user charges onl y as speci fi cally authori zed by

Chapter 189. Florida Sta tutes:

p. The ri ght to hold. control. and acqutre by do nati on. purc hase. lease.

emi nent domain or otherwise, or dispose of, any easements, ded ica tions, platted reservations, or

any other reservations fo r those purposes authorized by this Ordinance and to make use of such

easements. ded ications, or rese rvations for any of the purposes authorized by thi s Ord inance;

q. The right to hold, contro l and acquire by donation, purchase, lease,

eminent domain or otherw ise, to make use of such property for any o f the purposes authorized by

this Ord inance. and dispose oC any Distric t property on such te rms as the Distri ct shall deem

expedient :

r. The right to exercise the po,,·er of eminent domain in its O\\n name in the

m<lruler pro' ided by Ja,,· ror the condemnat ion of pri,·ate property tor pub li c use to acquire title

to such interest in real property as is necessary to the exercise of the po,,·ers herein granted; and

s. At the request or the Counry or any of its agencies. to pro,·ide ass iswnce

thereto in connccrion ,,·ith the C<lrry ing out or any police functions.

The District shal l ha,·e such duties as are imposed on it by Chapter 189, Florida Statu tes.

and other appl icab le la,,·s. With the exception of the above specifically enumerated powers, any

con fli ct bet\\·ecn thi s ord inance and Sumter County Ord inances 2009-07 and 20 I 0-_ _ shall be

interpreted in f<J,·or or Ord in ~mces 2009-07 <J nd 20 I 0-_ and the terms of those ordinances and

the lnlc'rklc<d Sen icc n uundary :\ grectllc'nt ::; <lncl .! oint Planning :\ grccmcnts enacted or amended

thcl l' b:. -; h,li I l'rc' ' .ti I

...; ' ( . I ' ( l \ -1 ~~~J- I ~ ~ ', ~ ~I l \llil ( l_l _I ) h Ul.!S.-' I"

a. The gove rning body of the District (the " Distri ct Board '') s ha ll exerc1se

the powers granted to the Di stri ct pursuant this Ordinance. The Distri ct Board sha ll consist o f

fi\'e members, none of whom shall be e lec ted offi cial s. employees or age nts oC the County. The

initia l members of the Dis tri ct Board, their terms of offi ce and the seat they represent shall be as

follows:

NAME fNITIAL TERl'vl

( l) John Davis 2 years

(2) Charli e Smi th 2 years

(3) Garr \V. Da,·is 4 years

(-l) Freel Gibbons -l years

(5) Erik Greulach -+ rears

b. FoliO\\·ing the eXf.JiJ;.ttiull ur the tcnns or o fli ce or the initi al members of

the Di strict Board. each member shall be e lected by qualified electors as descr ibed be lo,,· and

sllJl l ho ld uffice fo r a term o r fo ur years and unt il a successor is elected and qua li fies :\ II

elections shal l be conduc ted in acco rdance " ·ith appl icable state law and the [XO\'is ions hereof.

A ll members or the Di strict Board must be residents or the Distri ct and . add itionally. one

member o f the District Board must be a res ident of Village Communit y District No. 5 (Seat I).

one member must be a res ident of Village Community De,·e lopmcnt Dis tri ct No. 6 (Seat 2). one

member must be a rcsi.:knt ol· \' illagc CurnJnunit~· Dc,·clopment Di stri ct Nu . 7 ( Se~1l Jl. one

i i I : ' ' "1111 i lJ iiI ' . .I . ' ., 'i' I) J..: l i [ .. I 'I ' - I IIi '· ~ 11 ~ I t ilL''. I , ' I I,· .! : 1 I ill,· II I I i -'' I il ,· I : i I ..... 1 !: J!! ! ,~.

. i ':J

elected co llectivel y by qual ified electors in Village Commun ity Deve lopment Districts 5. 6, 7,

and 8. Th~ members of the Distri ct Board must be citi zens of the Uni ted States. For purposes

o f thi s subsection. qua lified electors means any person at least 18 years of age who is a c iti zen or

the United States , a legal resident of Florida and of the District , and who registers to vote \\·ith

the supervisor of elections in the county in -..vhich the District land is located.

c. Elections of District Board members shall be nonpartisan and shall be

conducted in the manner prescri bed by law for holding general elect ions. Board members sha ll

ass ume the o ffi ce on the second Tuesday foll owing thei r election.

d. Upon entering into offi ce. members of the District Board shall take and

subscribe to the oath of oftice as presc ri bed by s. 876.05, Florida Statutes . They shall hold offi ce

fo r the tenns fo r " ·hich they \Wre elec ted or appointed and un til the ir successors are chosen and

qua lified. If. du ring the term of offi ce. a , ·acancy occurs. the remaining members or the Distri ct

Board shall fill the ,·acancy by an appo in tment lo r the remai nder o f the une:-:pired tenn.

e. A majority o f the members of the Distri ct Board const itutes a quorum for

the purposes of conducting its business and exercising its po,,·ers and for all other purposes.

Acti on taken by the Distri ct shall be upon a ,·o te of a majo rity of the members present unless

general Ia " .or a rule of the District requires a grea ter number.

f. As soon as prac ti cable afte r each elect ion or appo intment. the District

Board sha ll organ1 ze b' elec ting one or its members as chair and by elect ing a secretary . " ·ho

need not be a rn embcr or the Distric t n oard . and such uthcr nni ccrs as the District 1:3oard ma'

>' I

minutes of all mee tings. reso lutions, proceedings, certi ficates. bonds give n by all employees, and

any and all corporate ac ts. The record book sha ll at reasonab le times be open to inspection in the

same manner as stale, coun ty. and municipal records pursuant to Chapter 119. Florida Statutes.

The record book shall be kept at the office or other regular place of business maintained by the

District Board in Sumter County.

h. All meetings of the Distri ct Board shall be open to the public and

govemed by the provis ions of chapter 286, Florida Statutes.

1. Each member of the District Board shall be entitled to recei ve for hi s or

her se rvices an amount not to e\ceed $200 per mee ting of the District Board , not to exceed

$4,800 per year.

J. .-\t the time a ' acanc,· occurs 111 the District Board during a member' s

term. the ,·acanc,· shall be fill ed b~ a vote of the remaining members of the District Board \\·ith in

s ixty (60) days after the ,·acancy occurs. The person appointed shall ho ld offi ce for the balance

o f the term and shall mee t a ll qual ifica ti ons under slate law and thi s Ordinance.

SECTION 5. FlNANClNG OF THE DISTRICT The District, in order to fin ance the

puq)oses and operations of the Distri ct. shall ha' c the power to borrow money and issue bonds,

revenue anti cipation notes, certifi cates, or other form of indebtedness payable from and sec ured

by a pledge o f funds. re,·e nues, taxes, and assessments, \\·arrants, notes, or other evidence of

indebtedness: and to coopera te nr contrac t " ·ith other persons or entiti es. inc luding other

go,cmmcnt:1l ~1 ~c JK Jcs ~l:i nccess:u:. C<)I1' enienL iill:icl c> ntal. o r 11ropt::T in connect io n with

(urtllerii1 S :\11\ 11 , 1\ \\..'1". ci ll l \ . <'I l l ll l l'"~ c· ,tui iJ,:rill.·\.1 h -lj' j1 1i\.·:d'k i<l" :11 1d t<' U~'-' :111'· l•tilc r il\.' li (l ll

SECTION 6. NOT fNCONSISTENT WITH COM PREHENSI VE PLAN AND

DISTRICT IS Til E BEST ALTERNATIVE. The creat ion of the Distri ct is not inconsistent

with the County's Comprehensive Plan and all other applicable growth managemen t rules,

regulations, ord inances and law. The District is the most effi cient and e ffective method by

\Vhich to achieve the purposes set forth above (as opposed to pri vate alternati ves such as a

homeowner's assoc iation, pri\·ate partnership, neighborhood association, or public alte rnati ves

such as MSTU, !VfSBU, independen t special di strict, etc.).

SECTION 7. APPLICABLE HNANCIAL DISCLOS URE. NOTICfNG. AND

REPORTING REQU IREMENTS. The Distric t \\·ill provide at its cost and e:-: pense all fin ancial

di sc losures including audits as req uired by Florida Ia\\. relat ing to dependent spec ial di stri cts. and

all financial disc losures relat ing to bonds. financing. ::1d \·a lorem taws, non-ad \·a lorern special

assessments. and the like. An\· and all meetings of the Distri ct Board shall be noti ced in

accordance \\·ith Florida law.

SECTION 8. BUDGET AND APP ROVAL THEREOF. On or be fore each June I. the

Distri ct Board shJII prepare or h::l\ e prepared under its direction and at its cost and expense a

proposed budget lo r the ensuing ti scal year. The proposed budget shall include an estimate of all

necessary e:-:pendi tures or the Distri ct for the ensuing fi scal year and an estimate of income to be

received by the Distri ct for such ensuing fi sca l year. No later than each July 15, such proposed

budget shall be de li\·ered to the County Administrator of the County. The budget lo r the District

sha ll be appro\ eJ or \ etocd b)· the 13 oard ~,_) ( Ct>unt: Commi s~iL111e rs no later than the September

1 ~ illllllCJiJtcl! 1\•11• ' \\ Il l?,! d ~..·li\ ~..·1: ,1 ,. th l' .... tin~.· l•l til~..· CPLIIll\ . \d11lilli ~ tr.Lt ~..n . I 11 ~..· Di ~tr i-:t , !JJII

SECT! ON 9. DEBTS AND OBUGA TrONS OF THE DISTRICT. Any bonds or other

debts or other obligations of the District shall not constitute a debt or obi igatior; of the County or

the State of Florida. nor shall the County be required to assume the debts of the District in the

event of a default or dissolution o r the Distri ct or otherwise prov ide financ ial support to the

District. On the date of the delivery of the proposed budget to the County Adm inistrator as

described in Section 8 herein, the District shall also deliver to the County Admini strator an

opinion letter executed by an independent aud itor compensated by the District \\·hich shall list all

of the District· s current deb ts and obligations, as well as any proposed debt or obligation

reflected in the proposed Distri ct budget. and confirm that no item listed therein is a debt or

obl iga tion o ( the County.

SECTION I 0. FfN.-\NC I.-\L fNDEPENDENCE. The Dist rict rs <l fin a nc ia l~\ ·

independent politica l subd i\ ·ision. and the Dist ri ct shall be sole ly responsible for its O\\·n

accounting and <luditing Cunctions in accordance \\·ith Flori da law.

SECT!ON II . fNCOR.POR..ATION. CONFLICT. AND SEVERABI UT'l.

a. It is the intention of the Board of County Commissioners and it is hereby

ordained that the provisions of thi s Ordinance shall become and be made a part of the Sumter

County Code. and that the sections o l· thi s Ordinance may be renumbered or relettered and that

the \\·o rd ··ordinance·· may be changed to .. section. '· '·article,·· or other appropriate word.

b. All , urnter County ordinances, or pans of ordi nances. and all Sumter

~ J

c. If any word, phrase, clause. subsec tion. or section of thi s Ord inance is for

an_v reason held unconstitutional or in,·alid by 3 coun or competent jurisdicti on. the in,·alidity

thereof shall not affect the ,·a lidity of any remaining ponions of the ordinance.

SECTION 12. EFfECTIVE DATE. Thi s ordinance shall take effect immediate ly upon

its fil ing with the Department of State (as provided in Section 125.66(2). Florida Statutes), bu t in

any case no later than July 23, 20 I 0.

Passed in open and regular session of the Board of County Commissioners of Sumter County, florida. thi s __ day of . 2010.

A nest:

Clerk o f the BoJrd of County Commiss ioners Sumter County. Florida

:\ppro,·ed as to fonn and legal suffi ciency:

County Attorney

. I

BOA RD OF COUNTY COMMISSIONERS SUf\ ITER CO UNTY. FLORIDA

s,: -------------------------------Chairman