Southern Hills Plantation II Community Development District (the “District”) was established on August 2, 2004 pursuant to the Uniform Community Development District Act of 1980, otherwise known as Chapter 190, Florida Statutes by the City of Brooksville Ordinance 677. The Act provides, among other things, the power to manage basic services for community development, power to borrow money and issue bonds, and to levy and assess non‐ad valorem assessments for the financing and delivery of capital infrastructure.
An ordinance of the city of Brooksville, Florida, establishing the Southern Hills Plantation II Community Development District within a parcel of land lying in Sections 4, 9, 10 and 16 , Township 23 South, Range 19 East, in Hernando County, Florida (411 . 26 acres, more or less, generally described as lying East of U.S. Hwy. 41, South of the entrance road to Southern Hills Plantation subdivision and North of Powell Road, the same being more particularly described in section 2 hereof), pursuant to chapter 190, Florida Statutes ; providing for conflict and severability ; and providing an effective date .
WHEREAS, HAMPTON RIDGE DEVELOPERS, LLC, (the “Petitioner”) has submitted a petition with the City Council of the City of Brooksville, Florida (the “City”) pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, to adopt an ordinance to establish the Southern Hills Plantation II Community Development District (“COD”) I and designating the land area for which the CDD would manage and finance the delivery of basic infrastructure services; and
WHEREAS, pursuant to Chapter 190 Florida Statutes the City conducted a public hearing to consider oral and written comments on the petition on August 2, 2004; and
WHEREAS, the proposed District complies with the requirements of law, is in the best interest and promotes the health, safety and welfare of the citizens of the City of Brooksville;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BROOKSVILLE, FLORIDA, AS FOLLOWS:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Southern Hills Plantation II Community Development District is hereby established, the administration of which shall be subject to the provisions of Chapter 190: Florida Statutes, as amended from time to time, and the boundaries of which are more particularly described in Exhibit “A” attached hereto.
SECTION 3. The five (5) initial members of the Board of Supervisors of the CDD are:
- James P. Harvey, of 2202 N. Westshore Boulevard, Suite 115, Tampa, FL 33607
- Joe Carbonara, of 10161 Centurion Parkway North, Jacksonville, FL 32256
- Roger Postlethwaite, of 10161 Centurion Parkway North, Jacksonville, FL 32256
- William Mallery, of 10161 Centurion Parkway North, Jacksonville , FL 32256
- Mr. Daniel Coe, of 2202 N. West shore Boulevard, Suite 115, Tampa, FL 33607.
SECTION 4. All statements contained within the petition have been found to be true and correct.
SECTION 5. The establishment of the CDD is consistent with any applicable element or portion of the state comprehensive plan or of the effective City of Brooksville comprehensive plan.
SECTION 6. The area of land within the proposed CDD is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional, interrelated community.
SECTION 7. The CDD is the best alternative available for delivering community development services and facilities to the area that will be served by the CDD.
SECTION 8. The community development services and facilities of the CDD will be compatible with the capacity and uses of existing local and regional community development services and facilities.
SECTION 9. The area that will be served by the CDD is amenable to separate special-district government.
SECTION 10. The CDD shall comply in all respects with the Development Agreement entered into between the Petitioner and the City on May 28, 2003.
SECTION 11. Any ordinance or code of the city, or any portion thereof, in conflict with the revisions of this ordinance, is hereby repealed to the extent of such conflict.
SECTION 12. In the event that any portion or section of this ordinance is determined to be invalid, unlawful or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this ordinance, which shall remain in full force and effect.
SECTION 13. This ordinance shall take effect immediately upon its adoption by the Brooksville City Council.
Adopted in regular session this 2nd day of August, 2004 by Mary A. Staib, Mayor of the City of Brooksville, Florida.