CERTIFIED COPY

STATE OF FLORIDA COUNTY OF POLK

On this 10th day of April, 2017, I attest that the attached document is a true, exact, complete, and unaltered photocopy made by me of Ordinance 17-1555.

(NOTARY SEAL)
Mercedes Hammond

ORDINANCE NO. 17-1555
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF HAINES CITY, FLORIDA ESTABLISHING THE NORTH BOULEVARD COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDING OF FACTS; 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; PROVIDING 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 "Uniform Community Development Act of 1980", Chapter 190, Florida Statutes (hereinafter referred to as the "ACT"), sets forth the exclusive and uniform method for establishing a community development district; and
WHEREAS, Section 190.005(2) of the ACT requires that a Petition for the Establishment of a Community Development District of less than 2,500 acres be filed by the petitioner with the municipality having jurisdiction over the majority of land in the area in which the district is to be located; and
WHEREAS, Section 190.005( 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 Haines City, Florida ("City"); and
WHEREAS, HH CR 547 Investors I, LLC ("Petitioner"), having obtained written consent to the establishment of the North Boulevard 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
pursuant to Chapter 190, Florida Statutes (2016); and
WHEREAS, the Petitioner is a Florida limited liability company authorized to conduct business in the State of Florida and whose principal place of business is 490 I Oak Fair Boulevard, Tampa, Florida 3361O; and
WHEREAS, the Petition which was submitted to the City on December 27, 2016, has
been determined to contain the requisite information as mandated by Section 190.00S(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 April 6, 2017; and
WHEREAS, on April 6, 2017, the City considered the record of the public hearing and
the factors set forth in Section 190.00S( l)(e) of the ACT, and upon such review, has determined that granting the Petition to establish the North Boulevard Community Development District is in the best interest of the City; and
WHEREAS, the establishment of the District shall not act to replace or amend any City or County land development approvals governing the land area to be included within the District; and
WHEREAS, all District roads, including any improvements to existing roads, shall be constructed to equal or exceed the applicable construction specifications of the City or the County; 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

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the area described in the Petition; and
NOW, THEREFORE, BE IT ENACTED by the City Commission of the City of Haines City, Florida as follows:
SECTION 1. RECITALS INCORPORATED.
The above recitals are true and correct and are incorporated herein.
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:
All statements within the Petition are true and correct.
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, or the City of Haines City Comprehensive Plan.
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.
The District is the best alternative available for delivering the community development services and facilities to the area that would be served by the District.
The community development services and facilities of the District will not

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be incompatible with the capacity and uses of existing local and regional community development services and facilities; and
The area to be served by the District is amenable to separate special- district government.
SECTION 4. ESTABLISHMENT AND DISTRICT NAME.
There is hereby created a community development district situated entirely within the incorporated limits of the City of Haines City, Florida, which District shall be known as the "North Boulevard Community Development District", and which shall be referred to in this Ordinance as the "District".
SECTION 5. EXTERNAL BOUNDARIES OF THE DISTRICT.
The external boundaries of the District are described in Exhibit "A", and said boundaries encompass 83 acres, more or less.
SECTION 6. DISTRICT POWERS AND FUNCTIONS.
The powers and functions of the District are described in Chapter 190, Florida Statutes.
SECTION 7. BOARD OF SUPERVISORS. The five persons designated to serve as initial members ofthe District's Board of Supervisors are as follows:

Name: Address:

Name: Address:

Name: Address:

Name: Address:

Warren (Rennie) Heath 346 East Central Avenue
Winter Haven, Florida 33880
Lauren Oakley Schwenk 346 East Central Avenue
Winter Haven, Florida 33880
Phillip Allende
346 East Central Avenue Winter Haven, Florida 33880
Andrew Rhinehart
346 East Central Avenue Winter Haven, Florida 33880

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Name: Address:

Scott Shapiro
4901 Oak Fair Boulevard Tampa, Florida 33610

SECTION 8. NOTICE REQUIREMENTS. Petitioner has caused a notice of a public hearing on the consideration of the Petition to be published in a newspaper at least once a week for four consecutive weeks immediately prior to such hearing in compliance with the provisions of Section 190.005( I )(d), Florida Statutes.
SECTION 9.	COMPLIANCE WITH ALL REMAINING PROVISIONS OF
CHAPTER	190,	FLORIDA	STATUTES,	AND	ALL	OTHER	APPLICABLE
PROVISIONS OF LAW.	Petitioner has complied with all remaining provisions of Chapter 190, Florida Statutes and other provisions of law necessary for the establishment of the District.
SECTION 10. REPEAL OF ORDINANCE IN CONFLICT. All other ordinances of the City of Haines City, Florida, or portions thereof which conflict with this or any part of this Ordinance are hereby repealed.
SECTION 11. SEVERABILITY. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then al_l remaining provisions and portions of this Ordinance shall remain in full effect.
SECTION 12. EFFECTIVE DATE. This Ordinance shall take effect immediately upon it being read and approved in two meetings of the City Commission of the City of Haines City.
INTRODUCED AND PASSED in regular session ofthe City Commission of the City
of Haines City, this 16th day of March, 2017.

ATT
&

APPRO��

 		�	�

Linda Bourgeois,BAS,MC, City Clerk

Horace West, Mayor

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APPROVED AS TO FORM AND CORRECTNESS:

Fredcilly,CityAttor

ADOPTED ON SECOND AND FINAL READING by the City Commission of the City of Haines City, Florida, at regular session this 6th day of April, 2017

ATTEST:	APPROVED:

By: cB����
Linda Bourgeois, BAS�	Horace West, Mayor
City Clerk

APPROVED AS TO FORM AND CORRECTNESS:

Fr�mey

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EXHIBIT A LEGAL DESCRIPTION

Parcel 1 (272705-725500-030190)
TRACT 29 OF HOLLY HILL GROVE & FRUIT COMPANY, ACCORDING TO PLAT OF MAP THEREOF DESCRIBED IN PLAT BOOK 22, PAGE 11, OF THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA
AND

TRACTS NINETEEN {19) AND THIRTY (30) IN THE NORTHWEST QUARTER (NW ¼) OF SECTION 5, TOWNSHIP TWENTY-SEVEN SOUTH (27S), RANGE TWENTY-SEVEN EAST (27E}, AS PER THE SUBDIVISION OF HOLLY HILL GROVE & FRUIT COMPANY, RECORDED IN PLAT BOOK 22, PAGE 11, OF THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA.

PARCEL 2 (272705-725500-030200)
TRACT 20, IN THE NW¼ OF SECTION 5, TOWNSHIP 27 SOUTH, RANGE 27 EAST, AS PER THE SUBDIVISION OF HOLLY HILL GROVE & FRUIT SUBDIVISION COMPANY; BEING THE E½ OF NE¼ OF SW¼ OF NW¼ OF SAID SECTION, TOWNSHIP, AND RANGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 22, PAGE 11, POLK COUNTY, FLORIDA.

PARCEL 3 (272705-725500-030210)
TRACTS 21 THROUGH 28, INCLUSIVE, IN THE SE ¼ OF THE NW ¼, HOLLY HILL GROVE AND FRUIT COMPANY SUBDIVISION, SECTION 5, TOWNSHIP 27 SOUTH, RANGE 27 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 22, PAGE 11, OF THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA.

PARCEL 4 (272705-726000-040030)
TRACTS 3 THROUGH 6 IN THE SW ¼ OF SECTION 5, TOWNSHIP 27 SOUTH, RANGE 27 EAST, POLK COUNTY FLORIDA, ACCORDING TO THE FLORIDA DEVELOPMENT CO. TRACT, RECORDED IN PLAT BOOK 3, PGE 60, PUBLIC RECORDS OF POLK COUNTY, FLORIDA.

PARCEL 5 (272705-726000-040070)
TRACTS 7 AND 8, IN THE SOUTHWEST¼ OF SECTION 5, TOWNSHIP 27 SOUTH, RANGE 27 EAST, MAP OF FLORIDA DEVELOPMENT CO. TRACT LOCATED IN POLK COUNTY, FLORIDA, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGES 60, PUBLIC RECORDS OF POLK COUNTY, FLORIDA, LESS AND EXCEPT THE PORTION OF SAID PROPERTY CONVEYED TO POLK COUNTY IN QUIT CLAIM DEED RECORDED IN O.R. BOOK 781, PAGE 703 PUBLIC RECORDS OF POLK COUNTY, FLORIDA.

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