North Powerline Road

Community Development District

12051 Corporate Boulevard, Orlando, FL	32817; 407-382-3256

The following is the proposed agenda for the Landowners Meeting and Board of Supervisors meeting for the North Powerline Road Community Development District, scheduled to be held

Wednesday, September 19, 2018 at 10:00 a.m. at the Offices of Cassidy Homes, 346 East Central Ave., Winter Haven, FL 33880. Questions or comments on the Board Meeting or proposed agenda may be addressed to Jane Gaarlandt at janeg@fishkind.com or (407) 382-3256. A quorum (consisting of at least three of the five Board Members) will be confirmed prior to the start of the Board Meeting.

If you would like to attend the Board Meeting by phone, you may do so by dialing:

Phone: 1-866-546-3377 (New)	Participant Code:	964985 (New)

PROPOSED BOARD OF SUPERVISORS' MEETING AGENDA

Administrative Matters

•	Roll Call to Confirm Quorum
•	Public  Comment  Period  [for  any  members  of the  public  desiring  to  speak  on  any

proposition before the Board]

1.	Consideration of the Minutes of the August 15, 2018 Landowners' Meeting and Board of Supervisors Meeting
2.	Consideration of Resolution 2018-29, Re-Setting FY 2018-2019 Annual Meeting Schedule

3.	Consideration of Resolution 2018-30, Providing for the Appointment of Officers

Business Matters

4.	Public Hearing on the Adoption of the District's Fiscal Years 2017-2018 and 2018-2019 Budgets

	o Public Comments and Testimony o Board Comments

	o Consideration of Resolution 2018-31, Adopting Fiscal Years 2017-2018 and 2018-2019 Budgets and Appropriating Funds
5.	Public Hearing on the Imposition of Special Assessments

o	Presentation of the Master Engineer's Report o Presentation of the Master Assessment Report o Public Comments and Testimony

	o   Board Comments

	o   Consideration of Resolution 2018-32, Levying Special Assessments

6.

Public Hearing on the District's

and Enforcing Non Ad-Valorem

Use of the Uniform

Assessments

Method

of

Levying, Collection

7.

o	Public Comments and Testimony o Board Comments
o	Consideration of Resolution 2018-33, Adopting	the Uniform Method		
				
Public Hearing on the Adoption of District Rules of Procedure		

8.

Other

o	Presentation of the Rules of Procedure		
o	Public Comments and Testimony		
o	Board Comments			
o	Consideration of Resolution 2018-34,		
Consideration of Funding Request	No. 003		
			
Business			

Adopting Rules

of

Procedure

•	Staff Reports

o	District Counsel o Interim Engineer o District Manager

•	Supervisor Requests and Audience Comments

•	Adjournment

North

Community

Powerline Road

Development District

Funding

Request

No. 003

North

Community

Powerline Road

Development District

Minutes

MINUTES OF MEETING

NORTH

PO

WERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT

LANDOWNERS' MEETING

Wednesday, August 15, 2018 at 10:07 a.m.

Offices of Cassidy Homes

346 East Central Ave.,

Winter Haven, Florida 33880

Proxyho lders:

Rennie Heath	Proxyholder

Kevin	Chinoy	Proxyholder

Also, Present:

Lauren Schwenk	Cassidy Group

Andrew Rhinehart	Cassidy Group

Phillip Allende	Cassidy Group

Patrick Marone	Cassidy Group

Sarah Sandy	Hopping Green & Sams, P.A

Jane Gaarlandt	Fishkind & Associates, Inc.

Monica Sutera	Fishkind & Associates, Inc.	(via phone)

FIRST ORDER OF BUSINESS

Call

to

Order and Roll Call

The meeting was called to order at 10:07 a.m. Those in attendance are outlined above.

SECOND ORDER OF BUSINESS

Appointment

the	Purpose

Landowners'

of  Chairperson	for

of	Conducting	the

Meeting

Ms. Gaarlandt, as District Manager, served as Chairperson for the purpose

the Landowners' Meeting.

of

conducting

THIRD ORDER OF BUSINESS

Determination	of	Number	
Voting   Units	Represented	
Assigned by Proxy		

of

or

Ms. Sandy stated that there are two landowners and asked the landowners or landowner		
proxy holders to identify themselves.	Mr. Heath came forward as the proxy holder for		
			
Holly Hill Fruit Products Company	and Mr. Chinoy came forward as the proxy holder for		
				
Polk Urban Management Project.  Ms. Schwenk noted that the Holly Hill Fruit Products		
parcels totaling approximately  126 acres had recently been sold to Astoria Properties,		
LLC. A discussion took place. Ms.	Sandy noted that the Holly Hill Fruit Product proxy		
needed to be changed and signed on behalf of Astoria. The Board took a brief recess.		

Ms. Gaarlandt reconvened the

at 10:35 a.m.

Ms. Gaarlandt reconvened the

Landowners' Meeting.

Landowners Meeting in

North Powerline Road

order to continue it in 15

Community Development

minutes

District

Ms. Gaarlandt noted that Mr. Chinoy,	as proxy holder for Polk Urban Management,	LLC,		
				
		votes. Ms. Sandy noted		
which owns five parcels totaling 68.32 acres can cast a total of 71			
that Mr. Heath is the proxy holder for Astoria properties, which owns six parcels totaling		
122.24 acres, can cast a total of 126 votes.				

FOURTH

ORDER

OF BUSINESS

Acceptance of Nominations for the Board of Supervisors

Ms. Gaarlandt noted that all five (5) seats are up for election and are currently	being held		
			
by  Rennie  Heath,  Keven  Chinoy,	Lauren  Schwenk,  Andrew  Rhinehart,  and  Phillip		
Allende. The two persons receiving	the highest numbers of votes will serve 4-year te1ms,		
	highest numbers will each serve a 2-year term.		
and the three persons receivingnextthe			
Ms.  Gaarlandt opened the floor for nominations. Mr. Heath nominated himself, Kevin		
Chinoy, Lauren Schwenk, Phillip Allende, and Andrew Rhinehart. No other nominations		
were offered.				

FIFTH ORDER OF BUSINESS

Casting

of

Ballots

Ms.  Sandy noted	that Mr.  Heath can cast a total of	
which candidates	received longer te1ms 2 candidates	
votes. Mr. Heath cast 27 votes for himself and for Mr.	
Schwenk, Mr. Allende, and Mr. Rhinehart.	

126 votes,  however, to determine

would need a higher number  of

Chinoy and 24 votes each for Ms.

Ms.  Sandy noted that

receive  longer te1ms

Mr. Chinoy can

getting a higher

cast a total

number of

of 71

votes.

votes with the 2

Mr.  Chinoy cast

candidates to

16 votes for

himself and for Mr. Heath and

Rhinehart.

13

votes each for Ms.  Schwenk, Mr. Allende, and Mr.

SIXTH ORDER OF BUSINESS

Ballot Tabulation and

AnnouncementResultsof Election

Ms. Gaarlandt tallied the votes. Ms. Sandy indicated the following votes:

Mr. Heath received 43 votes

Mr. Chinoy received 43 votes

Ms. Schwenk received 37 votes

Mr. Allende received 37 votes

Mr. Rhinehart received 3 7 votes

Mr.	Heath  and  Mr.	Chinoy  will  each  serve  four-year  terms  and  Ms.	Schwenk,  Mr.

Allende, and Mr. Rhinehmi will serve two-year terms.

SIXTH ORDER OF BUSINESS

Adjournment

Ms. Gaarlandt adjourned the Landowners Election.

Secretary / Assistant Secretary	Chairman / Vice Chairman	

MINUTES OF MEETING

NORTH

POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT

BOARD OF SUPERVISORS MEETING

Wednesday, August 15, 2018 at 10:40 a.m.
Offices of Cassidy Homes

346 East Central Ave.,

Winter Haven, Florida 33880

Board Members present at roll call:

Rennie Heath	Board Member

Lauren Schwenk	Board Member

Andrew Rhinehart	Board Member

Kevin	Chinoy	Board Member

Phillip Allende	Board Member

Also, Present:

Sarah Sandy	Hopping Green & Sams, P .A

Jane Gaarlandt	Fishkind & Associates, Inc.

Patrick Marone	Cassidy Group

John Mazuchowski	Cassidy Group

Scott Shapiro	Landmark Investment Services	(via phone)

Monica Sutera	Fishkind & Associates, Inc.	(via phone)

FIRST ORDER OF BUSINESS

Call

to

Order and Roll Call

The meeting was called to

order at 10:40 a.m.

Those

in

attendance are outlined above.

SECOND

ORDER

OF

BUSINESS

Administration

Office to  Newly

Supervisors

of	the

Elected

Oath

Board

of

of

Ms. Gaarlandt administered the oath

Mr. Allende, and Mr. Rhinehart.

of

office to Mr. Heath, Mr.  Chinoy, Ms. Schwenk,

THIRD ORDER OF BUSINESS	Public Comment Period	

There were no public comments at this time.

FOURTH ORDER OF BUSINESS

Consideration	of  Minutes	of  the

July 18, 2018 Board of Supervisors

Meeting

The Board reviewed the

Minutes

of

the July

18,

2018

Board

of

Supervisors Meeting.

On MOTION by Mr. Rhinehart,

Approved the Minutes of the July

seconded by Mr.

18, 2018 Board of

Heath, with all in favor,  the Board

Supervisors Meeting.

FIFTH ORDER OF BUSINESS

Consideration of Resolution 2018-

26,	Ratifying	and	Approving

Certain Board Actions

Ms. Gaarlandt explained that this resolution ratifies all actions taken up to this point by

the Board appointed in the ordinance establishing the District.

On MOTION by Ms.  Schwenk, seconded by Mr.  Heath, with all  in favor,  the Board

Approved Resolution 2018-26, Ratifying and Approving Ce1iain Board Actions.

SIXTH ORDER OF BUSINESS

Consideration	of Resolution 2018-	
27, Canvassing and Certifying the	
Results	of	the	Landowners'	
Election				

Ms.  Gaarlandt explained that this resolution documents the  results  of the landowners'

Meeting, which were that Mr. Heath and Mr. Chinoy each received a total of 43 votes

and will each serve the four-year terms.

Also, that Ms. Schwenk, Mr. Allende, and Mr. Rhinehart each received a total of 3 7 votes

and will each serve two-year terms.

On MOTION  by  Mr.  Heath,  seconded by Mr.	Chinoy,  with  all  in favor,  the  Board

Approved Resolution 2018-27, Canvassing and Certifying the Results of the Landowners

Election.

SEVENTH ORDER OF BUSINESS

Consideration

28, Appointing

of Resolution 2018-

District Officers

Ms. Gaarlandt stated that the current slate of officers is as follows;

Mr. Heath as Chair, Ms. Schwenk as Vice-Chair, Ms. Gaarlandt as Secretary, Allende, Mr. Chinoy, Mr. Rhinehart, and Ms. Patil as Assistant Secretaries. Gaarlandt indicated that the Board can choose to keep the cmTent slate or change it.

Mr.

Ms.

On  MOTION  by Mr.  Chinoy,  seconded

Resolutionapproved	2018-28, Appointing

by  Mr.  Heath,  with  all  in favor,  the  Board

District Officers, as Presented.

EIGHTH ORDER OF BUSINESS

Consideration

No. 002

of

Funding Request

The Board reviewed Funding Request No. 002.

On  MOTION  by  Mr.	Chinoy,  seconded  by  Mr.  Heath  with  all  in favor,  the  Board

approved Funding Request No. 002.

NINTH ORDER OF BUSINESS	Staff Reports

District

Counsel-

Ms. Sandy stated that she filed the Validation Complaint for North

Powerline Road and she is waiting to get closer to the September

meeting, when the District will have the Assessment hearing, to set

the Validation hearing. She noted that the District will have several

public	hearings	at	the	September	meeting	including	the

Assessment Hearing,  Budget Hearing,  and the  Unifonn Method

Hearing.

District Engineer -

Not Present

District Manager -

Ms.  Gaarlandt updated the

website  accessibility.	She

Board regarding ADA compliance for

noted  that  there  will  be  a  disclaimer

posted once the District website is up and running that will be

argument for allowing the District additional time to comply.

noted that she will let the Board know when the website is up

runnmg.

the

She

and

TENTH ORDER OF BUSINESS	Supervisor Requests and Audience

Comments

There were no Supervisor requests or audience comments.

ELEVENTH ORDER OF BUSINESS	Adjournment

There  were  no	other  questions	or  comments.	Ms.

adjourn.

ON	MOTION	by	Mr.	Heath,	seconded	by	Mr.

Wednesday, August 15, 2018 Board of Supervisors

was adjourned.

Gaarlandt  requested  a  motion  to

Rhinehart,	with	all	in	favor,	the

Meeting for N01ih Powerline Road

Secretary / Assistant Secretary	Chairman/ Vice Chairman

North Powerline Road

Community Development District

Resolution 2018-29

	RESOLUTION 2018-29				
	A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NORTH		
	POWERLINE   ROAD   COMMUNITY   DEVELOPMENT   DISTRICT		
	RESETTING THE ANNUAL MEETING SCHEDULE	FOR FISCAL YEAR		
				
	2018-2019; AND PROVIDING FOR AN EFFECTIVE	DATE		
					
	WHEREAS,  the  North  Powerline  Road  Community  Development  District  (the		
"District") is a local unit of special-purpose government created and existing pursuant to Chapter		
I 90,	Florida Statutes, and situated within Polk County, Florida; and		

WHEREAS,	the	District	is	required	by	Section	189.015,

quarterly, semi-annually, or annually a schedule (including date, time,

meetings with local governing authorities; and

Florida	Statutes,
and location) of its

to	file

regular

WHEREAS, further, in accordance with the above-referenced statute, the District shall

also publish quarterly, semi-annually, or annually the District's regular meeting schedule in a

newspaper of general paid circulation in the county in which the District is located; and

WHEREAS, pursuant to  Resolution 2018-08, the Board previously set a Fiscal  Year

2018-2019 annual meeting schedule, but now desires to adopt a revised Fiscal Year 2018-2019

annual meeting schedule, which is attached as Exhibit A.

NOW

THEREFORE	BE	IT	RESOLVED	BY	THE	BOARD	OF

SUPERVISORS  OF  THE  NORTH  POWERLINE  ROAD	COMMUNITY

DEVELOPMENT DISTRICT:

1. The Fiscal Year 2018-2019 annual meeting schedule attached hereto and incorporated

by reference herein as Exhibit A is hereby approved, shall replace the prior meeting schedule

adopted for Fiscal Year 2018-2019 pursuant to Resolution 2018-08, and shall be published in
accordance  with the  requirements  of Florida  law and  also  provided to  applicable  governing

authorities.

2. This Resolution shall become

PASSED AND ADOPTED this

ATTEST:

effective		
19	th	day		

immediately upon its adoption.

of September, 2018.

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT

DISTRICT

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

Exhibit A: Fiscal Year 2018-2019 Annual Meeting Schedule

EXHIBIT

"A"

BOARD OF SUPERVISORS MEETING DATES

NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT

FISCAL YEAR 2018-2019

The Board of Supervisors of the North Powerline Road Community Development District will hold their regular meetings for Fiscal Year 2018-2019 at Office of Cassidy Homes, 346 East Central Ave., Winter Haven, FL 33880 at 10:00 a.m. unless otherwise indicated as follows:

January

October 3, 2018		
November 7, 2018		
December 5, 2018		
9, 2019 (*2	nd	Wednesday		
				
February 6, 2018		
March 6; 2019		
April 3, 2019		
May 1, 2019		

of

the month)

July

	June20195,		
10, 2019	(*2	nd	Wednesday of the month)		
					
	August 7, 2019		
September 4, 2019		

The meetings are open to the public and will	be conducted in accordance with the provision of	Florida		
Law for Community Development Districts. The meetings may be continued to a date, time, and place to		
be specified on the record at the meeting.  A copy of the agenda for these meetings may be obtained from		
135 W. Central Blvd., Suite 320, Orlando, FL 32801or by calling (407) 841-5524.			
There may be occasions when one or more Supervisors or staff will participate by telephone. Pursuant to		
provisions of the Americans with Disabilities Act, any person requiring special accommodations	at this		
			
meeting because of a disability or physical impairment should contact the District Office at ( 407) 841-		
5524 at least 48 hours prior to the meeting.	If you are hearing or speech impaired, please contact the		
Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY)/ 1-800-955-8770 (Voice), for aid in		
contacting the District Office.				

A person who decides to appeal any decision made at the meeting is advised that person will need a record may need to ensure that a verbatim record of the evidence upon which such appeal is to be based.

Jill Burns
District Manager

the meeting with respect to any matter considered at

of the proceedings and that accordingly, the person

proceedings  is  made,  including the testimony  and

North

Community

Powerline Road

Development District

Resolution 2018-30

		RESOLUTION 2018-30				
A  RESOLUTION  OF  THE  BOARD  OF  SUPERVISORS  OF  NORTH			
POWERLINE   ROAD   COMMUNITY   DEVELOPMENT   DISTRICT			
PROVIDING FOR THE REMOVAL AND APPOINTMENT OF OFFICERS			
OF  THE  DISTRICT,  AND  PROVIDING  FOR AN  EFFECTIVE  DATE.			
WHEREAS, North Powerline Road Community Development	District (hereinafter the		
				
"District") is  a local unit of special-purpose government created and existing pursuant to Chapter		
190, Florida Statutes, being situated entirely within the Polk County, Florida; and			
WHEREAS, due to the impending change of the District's management company effective		
October 1, 2018, the Board of Supervisors of the District desires to provide for the appointment and		
removal of a Treasurer, Assistant Treasurer, Secretary and Assistant Secretaries.			
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS		
OF NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT:			
Section 1.	Jill Bums is appointed Secretary effective October 1, 2018. Effective October 1,		
2018, theJaneexisting Secretary	Gaarlandt is removed.				
Section 2.	George Flint is appointed Assistant Secretary effective October 1, 2018. Effective		
October 1, 2018, Sonali Patil is removed as an Assistant Secretary.				
Section  3.	Ariel  Lovera  is  appointed  Treasurer  effective  upon  the  adoption  of	this		
Resolution.  Effective October 1,	2018, the existing Treasurer Dr. Henry Fishkind is removed.			
Section 4.	Katie Costa is appointed Assistant Treasurer effective upon the adoption of	this		
Resolution. Effective October 1, 2018, the existing Assistant Treasurer Jennifer Glasgow is removed.		

Section

5.

This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS

19

th

DAY OF SEPTEMBER, 2018.

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT

DISTRICT

CHAIRMAN

ATTEST:

ASSISTANT SECRETARY

North

Community

Powerline Road

Development District

Resolution 2018-31

RESOLUTION 2018-31					
THE  ANNUAL  APPROPRIATION  RESOLUTION  OF  THE  NORTH		
POWERLINE   ROAD   COMMUNITY   DEVELOPMENT   DISTRICT		
("DISTRICT") RELATING TO THE ANNUAL APPROPRIATIONS AND		
ADOPTING  THE  BUDGETS  FOR  THE  FISCAL  YEARS  BEGINNING		
OCTOBER   1,   2017,   AND   ENDING   SEPTEMBER	30,   2018	AND		
		30,	2019;		
BEGINNING OCTOBER 1, 2018, AND ENDING SEPTEMBER				
				
AUTHORIZING   BUDGET   AMENDMENTS;   AND   PROVIDING  AN		
EFFECTIVE DATE.					

WHEREAS, the North Powerline Road
was  established  by  Ordinance  No.	18-036  of

County, Florida on June 5, 2018; and

Community Development District ("District") the Board of County Commissioners of Polk

WHEREAS, the District held its organizational meeting on June 20, 2018, where the		
District  submitted to  the  Board  of Supervisors  ("Board")	of the  District proposed  budgets		
("Proposed Budget")	for the fiscal year beginning October	1, 2017 and ending September 30,		
2018 ("Fiscal Year 2017/2018"), and for the fiscal year beginning Octa ber 1, 2018 and ending		
September 30, 2019 ("Fiscal Year 2018/2019" and, together with Fiscal Year 2017/2018, the		
"Fiscal Years")	along with an explanatory and complete financial plan for  each fund of the		
District, pursuant	to the provisions of Section 190.008(2)(a), Florida Statutes; and			
WHEREAS, at least sixty (60) days prior to the adoption of the Proposed Budget, the		
District  filed  a	copy	of the  Proposed  Budget  with  the  local  governing  authorities  having		
jurisdiction  over	the	area  included  in  the  District  pursuant  to  the  provisions	of  Section		
190.008(2)(b), Florida Statutes; and				
WHEREAS, the Board set a public hearing thereon and caused notice of	such public		
hearing to be given by publication pursuant to Section 190.008(2)(a), Florida Statutes; and		
WHEREAS, the District Manager posted the Proposed Budget on the District's website		
at least two days before the public hearing; and				
WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to	1		
	October !5		
of each year, the Board, by passage of the Annual Appropriation Resolution, shall adopt a budget		
for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to		
defray all expenditures	of the District during the ensuing Fiscal Years; and			
WHEREAS, the District Manager has prepared a Proposed Budget, whereby the budget		
shall  project  the  cash  receipts  and  disbursements  anticipated  during  a  given  time  period,		
including reserves for contingencies for emergency or other unanticipated expenditures during		
the Fiscal Years.						

NOW,   THEREFORE,   BE   IT   RESOLVED	BY	THE   BOARD   OF		
				
SUPERVISORS  OF  THE  NORTH  POWERLINE  ROAD  COMMUNITY		
DEVELOPMENT DISTRICT:				

SECTION

1.

BUDGET

a.	The Board has reviewed the Proposed Budget, a copy of which is on file with	
	office	of the  District Manager and at the  District's Local Records  Office,	
approveshereby	certain amendments thereto, as shown in Section 2 below.	

the

and

b.

The Proposed Budget, attached hereto as Exhibit "A," as	amended by the Board,		
is  hereby adopted in accordance with the  provisions  of	Section	190.008(2)(a),		
Florida  Statutes  ("Adopted  Budget"),  and  incorporated	herein	by  reference;		
				
provided, however, that the comparative figures contained in the Adopted Budget		
may  be  subsequently revised as deemed  necessary  by the  District Manager to		
reflect actual revenues and expenditures.					

c.

d.

The Adopted Budget, as amended, shall be maintained in the office of the District
Manager and at the District's Local Records Office and identified as "The Budget

for the North Powerline Road  Community Development District for the Fiscal

Year Ending  September 30,  2018",  and  "The  Budget for the North Powerline

Road Community Development District for the Fiscal Year Ending September 30,

2019."

The Adopted Budget shall be posted by the District Manager on the  District's

official website within thirty (30) days  after adoption, and shall remain on the

website for at least 2 years.

SECTION 2.  APPROPRIATIONS					
There  is	hereby  appropriated  out  of the  revenues  of the  District,  for	Fiscal  Year		
2017/2018,  the	sum  of $_______,  and  for  Fiscal  Year  2018/2019	the  sum  of		
$__________ to be raised by the levy of assessments and/or otherwise, which sum		
is deemed by the Board to be necessary to defray all expenditures	of the District during said		
				
budget year, to be divided and appropriated in the following fashion:				
TOTAL GENERAL FUND (FISCAL YEAR 2017/2018)	$_______		
					
TOTAL GENERAL FUND (FISCAL YEAR 2018/2019)	$______		
			
SECTION 3.  BUDGET AMENDMENTS			

Years

Pursuant to Section 189.016, Florida Statutes, or within 60 days following the end of the Fiscal

the District at any time within the Fiscal

Years may amend its Adopted Budget for

that fiscal year as follows:

a.

b.

c.

d.

The  Board may  authorize  an  increase  or  decrease  in  line  item  appropriations		
within a fund by motion recorded in the minutes if the total appropriations of the		
fund do not increase.			
The District Manager or Treasurer may authorize an increase or decrease in line		
item appropriations within a fund if the total appropriations	of the fund do not		
			
increase and if the aggregate change in the original appropriation item does not		
exceed$ 10,000 or 10% of the original appropriation.			
By resolution,  the  Board may  increase  any  appropriation item and/or fund  to		
reflect receipt of any additional unbudgeted monies and make the corresponding		
change to appropriations or the unappropriated balance.			
Any other budget amendments shall be adopted by resolution and consistent with		
Florida law.			

The District Manager or Treasurer must establish administrative	procedures to ensure that		
				
any budget amendments are in compliance with this  Section 3 and Section  189.016, Florida		
Statutes,  among  other  applicable  laws.	Among  other  procedures,  the  District  Manager  or		
Treasurer must ensure that any amendments to budget under subparagraphs	c. and d. above are		
			
posted on the District's website within 5	days after adoption and remain on the website for at		
least 2 years.					

SECTION 4.  EFFECTIVE DATE.

adoption.

This Resolution shall take effect immediately upon

PASSED AND ADOPTED THIS

19TH

DAY

OF SEPTEMBER, 2018.

ATTEST:

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT

DISTRICT

By:

______________

_

Secretary/ Assistant Secretary

Its:

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

Exhibit A:	Adopted Budget

North Powerline Road COD

FY 2018 Proposed O&M Budget

Revenues

Developer Contributions

Net Revenues

General & Administrative Ex1:1enses

Supervisor Fees

D&O Insurance

Trustee Services

District Management

Engineering

Dissemination Agent

District Counsel

Audit

Travel and Per Diem

Conference Calls

Postage & Shipping

Copies

Legal Advertising

Miscellaneous

Web Site Maintenance

Dues, Licenses, and Fees

Bank Fees

Landscaping Maintenance

Pond Maintenance

General Insurance

Total General & Administrative Expenses

Total Expenses

Net Income (Loss)

	Anticipated	
	06/2018 -	
	09/2018	
$	60,000.00	
$	60,000.00	
$	2,000.00	
	1,000.00	
	2,000.00	
	6,666.67	
	5,000.00	
	1,666.67	
	8,333.33	
	2,000.00	
	166.67	
	66.67	
	100.00	
	166.67	
	2,666.67	
	366.67	
	966.67	
	83.33	
	83.33	
	21,666.67	
	4,000.00	
	1,000.00	
$	60,000.00	
$	60,000.00	
$	

North Powerline Road COD

FY

2019 Proposed O&M Budget

Revenues

Developer Contributions

Net Revenues

General & Administrative Ex~enses

Supervisor Fees

D&O Insurance

Trustee Services

District Management

Engineering

Dissemination Agent

District Counsel

Audit

Travel and Per Diem

Conference Calls

Postage & Shipping

Copies

Legal Advertising

Miscellaneous

Web Site Maintenance

Dues, Licenses, and Fees

Bank Fees

Landscaping Maintenance

Pond Maintenance

General Insurance

Total General & Administrative Expenses

	FY 2019	
	Proposed	
	Budget	
$	180,000.00	
$	180,000.00	
$	6,000.00	
	3,000.00	
	6,000.00	
	20,000.00	
	15,000.00	
	5,000.00	
	25,000.00	
	6,000.00	
	500.00	
	200.00	
	300.00	
	500.00	
	8,000.00	
	1,100.00	
	2,900.00	
	250.00	
	250.00	
	65,000.00	
	12,000.00	
	3,000.00	
$	180,000.00	

Total Expenses

$

180,000.00

Net Income (Loss)

$

North

Community

Powerline Road

Development District

Resolution 2018-32

RESOLUTION 2018-32

A  RESOLUTION  AUTHORIZING  DISTRICT	PROJECTS

FOR	CONSTRUCTION	AND/OR	ACQUISITION	OF

INFRASTRUCTURE	IMPROVEMENTS;	EQUALIZING,

APPROVING,	CONFIRMING,	AND	LEVYING	SPECIAL

ASSESSMENTS ON PROPERTY SPECIALLY BENEFITED

BY  SUCH	PROJECTS	TO	PAY  THE	COST	THEREOF;

PROVIDING FOR THE PAYMENT AND THE COLLECTION

OF SUCH SPECIAL ASSESSMENTS  BY THE METHODS

PROVIDED	FOR	BY	CHAPTERS	170,	190,	AND	197,

FLORIDA  STATUTES;	CONFIRMING	THE	DISTRICT'S

INTENTION TO ISSUE SPECIAL ASSESSMENT BONDS;

MAKING	PROVISIONS	FOR	TRANSFERS	OF	REAL

PROPERTY TO GOVERNMENTAL BODIES; PROVIDING

FOR THE  RECORDING  OF AN ASSESSMENT  NOTICE;

PROVIDING FOR SEVERABILITY, CONFLICTS AND AN

EFFECTIVE

DATE.

RECITALS				
WHEREAS, North Powerline Road Community Development	District ('District') previously		
			
indicated its intention to construct certain types of infrastructure	improvements and to finance such		
				
infrastructure improvements through the issuance of bonds, which bonds would be repaid by the		
imposition of special assessments on benefited property within the District; and		

WHEREAS, the District Board of Supervisors ('Board')

hearing pursuant to Chapters 170, 190, and 197, Florida Statutes,

collection and enforcement of such assessments.

noticed and conducted a public

relating to the imposition, levy,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF

SUPERVISORS	OF	THE	NORTH	POWERLINE	ROAD

COMMUNITY DEVELOPMENT DISTRICT AS FOLLOWS:

SECTION 1.	AUTHORITY FOR THIS RESOLUTION.

pursuant to Chapters 170, 190, and 197, Florida Statutes, including

170.08, Florida Statutes.

This Resolution is adopted

without limitation, Section

SECTION 2.  FINDINGS.

The Board hereby finds and determines as follows:

and

(a)	The pursuant to

District is a local unit

Chapter 190, Florida

of special-purpose government Statutes, as amended.

organized and existing under

(b)	The District is authorized by Chapter

190,

Florida Statutes,

to finance, fund, plan,

1

establish, acquire, install, equip, operate, extend, construct, or reconstruct stormwater management	
facilities; roadways; water and wastewater facilities; off-site improvements (tum lanes); electrical	
utilities (street lighting); entry features and signage; parks and amenities; and other infrastructure	
projects and services necessitated by the development of, and serving lands within, the District,	
together the 'Improvements.'					
(c)	The District is authorized by Chapter 190, Florida Statutes, to levy and impose special	
assessments to pay all, or any part of, the cost of such infrastructure projects and services and to	
issue special assessment bonds payable from such special assessments as provided in Chapters 170,	
190, and 197, Florida Statutes.					
( d)	It is necessary to the public health, safety and welfare and in the best interests of the	
District that (i) the District provide the 'Capital Improvement Plan,' the nature and location of which	
was initially described in Resolution 2018-23 and is shown	in the Engineer's Report for Capital	
Improvements,  dated  June 2018  (the  'Engineer's  Report')	(attached  as  Exhibit A	hereto	and	
incorporated herein  by this  reference),  and  which the  Capital  Improvement	Plan's	plans	and	
specifications are on file at the office of the District Manager c/o Fishkind &	Associates, 12051	
Corporate Blvd., Orlando, Florida 32817  ('District Records Offices'); (ii) the cost of such Capital	
Improvement Plan be assessed against the lands specially benefited by such Capital Improvement	
Plan; and (iii) the District issue bonds to provide funds for such purposes pending the receipt of such	
special assessments.					
( e)	The provision of said Capital Improvement Plan, the levying of	such Assessments	
(hereinafter defined) and the sale and issuance of such bonds serves a proper, essential, and valid	
public purpose and is in the best interests of the District, its landowners, and residents.			
(f)	In order to provide funds with which to pay all or a portion of the costs of	the Capital	
Improvement Plan	which are to be assessed against the benefitted properties, pending the collection	
of such Assessments, it is necessary for the District from time to time to sell and issue its Special	
Assessment Bonds, in one or more series (the 'Bonds').					
(g) By Resolution 2018-23, the Board determined to provide the Capital Improvement	Plan	
and to defray the costs thereof by making Assessments on	benefited property and expressed an	
intention to issue Bonds, notes or other specific financing mechanisms to provide all or a portion of	
the funds needed for the Capital Improvement Plan prior to the collection of such Assessments.	
Resolution 2018-23 was adopted in compliance with the requirements of Section 170.03, Florida	
Statutes, and prior to the time it was adopted, the requirements of Section 170.04, Florida Statutes,	
had been met.						
(h)	As directed by Resolution 2018-23, said Resolution 2018-23 was published as required	
by Section 170.05,	Florida Statutes, and a copy of the publisher's affidavit of publication is on file	
with the Secretary	of the Board.					

(i)

As

directed

by

Resolution 2018-23, a preliminary assessment roll was

adopted

and

filed

2

with the Board as required by Section

170.06,

Florida Statutes.

(i)  As required by Section 170.07,	Florida Statutes,	upon completion	of the preliminary		
assessment roll, the Board adopted Resolution	2018-24, fixing the time and place	of a public hearing		
		and other persons interested therein may appear		
at which owners of the property to be assessed			
					
before the Board and be heard as to ( 1) the propriety and advisability of making the infrastructure		
improvements, (2) the cost thereof, (3) the manner of payment	therefore, and (4) the amount thereof		
		for publication of		
to be assessed against each specially benefited property or parcel and provided			
			
notice of such public hearing and individual	mailed notice in accordance with Chapters 170, 190, and		

197,

Florida Statutes.

(k)  Notice of such public hearing was given by		
Section 170.07, Florida Statutes.  Affidavits	as to such		
			
office of the Secretary of the Board.			

publication and also by mail as required by

publications and mailings are on file in the

(1)	On September 19, 2018, at the time and place specified	in Resolution 2018-24 and the		
							
notice referred to in paragraph (k) above, the Board met as an Equalization Board, conducted such		
public hearing, and heard and considered all complaints and testimony as to the matters described in		
paragraph (i) above. The Board has made such modifications	in the preliminary assessment roll as it		
			roll.			
deems necessary, just and right in the making of the final assessment				
					
(m)	Having considered the estimated	costs of the Capital Improvement Plan, estimates	of		

financing costs and all complaints and evidence presented at such public hearing, the Board further		
finds and determines:									
	(i)  that the estimated costs of the Capital Improvement	Plan is as specified in the		
					
	Engineer's Report, which Engineer's Report is hereby adopted and approved, and		
	that the amount of such costs is reasonable	and proper; and			

(ii)	it is  reasonable,  proper, just and right to	
Improvement Plan against the properties specially	
detennined by the Board set forth in the Master	

assess  the  cost  of such  Capital

benefited thereby using the method

Assessment Methodology Report

dated July 11, 2018	(the 'Assessment	Report,' attached hereto as Exhibit Band		
				
incorporated herein by this reference), for the Bonds, which results in the special		
assessmentsonset forth	the final assessment roll included within such Exhibit B (the		
'Assessments'); and				

(iii) the Assessment Report is hereby approved,	adopted and confirmed. The		
				
ratifies its use in connection with the issuance	of the Bonds;			
					
(iv) it is hereby declared that the Capital Improvement Plan will constitute a		
benefit to all parcels	of real property	listed on said final assessment roll and		
					in excess		
benefit,  in the  case	of each such parcel,  will  be  equal  to  or			
Assessments thereon when allocated as set forth in Exhibit B;			

District

special

that the
of the

3

(v) it is in the best interests

as herein provided; and

of

the District that the Assessmentspaidbe

and collected

(vi)	it is reasonable, proper, just and right for the District to utilize the true-up mechanisms and calculations contained in the Assessment Rep01i in order to ensure
that all parcels of real property benefiting	from the Capital Improvement Plan are		
					
assessed accordingly and that sufficient assessment receipts are being generated in		
order to pay the corresponding bond debt-service when due;			
SECTION 3.	AUTHORIZATION	OF DISTRICT PROJECT.	That certain Capital		
							
Improvement Plan for construction of infrastructure improvements initially described in Resolution		
No. 2018-23, and more specifically identified and described in Exhibit A attached hereto, is hereby		
authorized and approved and the proper officers, employees	and/or agents of the District are hereby		
				
authorized and directed to take such further action as may be necessary or desirable to cause the		
same to be made.							

SECTION 4. ESTIMATED COST OF IMPROVEMENTS	. The		
			
the Capital Improvement Plan and the costs to be paid by Assessments on		
property are set f01ih in Exhibits A and B, respectively, hereto.			

total estimated costs of

all specially benefited

SECTION

5.

EQUALIZATION, APPROVAL, CONFIRMATION AND LEVY OF

SPECIAL ASSESSMENTS.	The Assessments	on the parcels specially benefited by the Capital		
										
Improvement Plan, all as specified in the final assessment roll set forth in Exhibit B, attached hereto,		
are hereby equalized, approved, confirmed and levied.  Immediately following the adoption	of this		
				
Resolution these Assessments, as reflected in Exhibit B, attached hereto, shall be recorded by the		
Secretary of the Board of the District in a special book, to be known as the 'Improvement	Lien		
			
Book.'  The  Assessment  or  assessments  against  each  respective  parcel  shown  on  such  final		
assessment roll and interest, costs and penalties thereon, as hereafter provided, shall be and shall		
remain a legal, valid and binding first lien on such parcel until paid and such lien shall be coequal		
with the lien of all state, county, district, municipal	or other governmental taxes and superior in		
				refunding		
dignity to all other liens, titles, and claims.  Prior to the issuance of any Bonds, including			
					
bonds, the District may, by subsequent resolution, adjust the acreage assigned to pmiicular parcel		
identification numbers listed on the final assessment roll to reflect accurate app01iionment	of acreage		
					
parcel			identification numbers. The District may make any		
within the District amongst individual											
other such acreage and boundary adjustments to parcels listed on the final assessment roll as may be		
necessary in the best interests	of the District as dete1mined	by the Board by subsequent resolution.		
							
Any such adjustment in the assessment	ro 11	shall be consistent with the requirements of law.  In the		
											
event the issuance of Bonds, including refunding bonds, by the District would result in a decrease of		
the Assessments, then the District shall by subsequent	resolution, adopted within sixty (60) days of		
							
the sale of such Bonds at a publicly noticed meeting and without the need for fu1iher public hearing,		
evidence such a decrease and amend the final assessment roll as shown in the Improvement Lien		
Book to reflect such a decrease.											

4

	SECTION 6. FINALIZATION OF SPECIAL ASSESSMENTS.	When the entire Capital		
	Improvement Plan has both been constructed or otherwise provided to the satisfaction	of the Board,		
						
	the Board shall adopt a resolution accepting thethesame and determining	actual costs (including		
	financing costs) thereof, as required by Sections	170.08 and 170.09, Florida Statutes.	Pursuant to		

	the provisions of Section 170.08, Florida Statutes, regarding completion of a project funded by a		
	particular seriesthe of bonds,	District shall credit to each Assessment the difference, if	any, between		
	the Assessment as hereby made, approved and confirmed and the proportionate	part	of the actual		
							
	costs of the Capital Improvement Plan, as finally determined	upon completion thereof, but in no		
									
	event shall the final amount of any such special assessment exceed the amount of benefits originally		
	assessed hereunder.  In making such credits, no credit shall be given for bond financing	costs,		
				
	capitalized interest, funded reserves or bond discounts.	Such credits, if any, shall be entered in the		
										
Lien	Improvement	Book.											

SECTION

COLLECTION.

7.

PAYMENT  OF  SPECIAL  ASSESSMENTS  AND  METHOD	OF

(a)	The Assessments may be paid in not more than thirty (30) substantially	equal consecutive		
							
annual installments of principal and interest. The Assessments	may be paid in full without interest at		
											
any time within thirty (30) days after the completion	of the Capital Improvement Plan and the		
												
adoption by the Board	of a resolution	accepting the Capital Improvement Plan, unlessoptionsuch				
											provided, however, that the		
has been waived by the owner of the land subject to the Assessments;			
									
Board shall at any time make such adjustments	by resolution, at a noticed meeting of the Board, to		
					of the District to account for		
that payment schedule as may be necessary	and in the best interests			
															
changes in long and short term debt as actually issued by the District. All impact fee credits received		
and/or value received for impact fee credits shall be applied against the Capital Improvement Plan		
costs and/or the outstanding indebtedness	of	any debt issuance that funded the improvement	giving		

rise to the credits which application may be addressed by such resolutions. At any time subsequent to		
thirty (30) days after the Capital Improvement Plan has been completed and a resolution accepting		
the Capital Improvement Plan has been adopted by the Board, the Assessments may be prepaid in		
full  including interest amounts to the next succeeding interest payment date	or to the second		
succeeding interest payment date if such a prepayment	is made within forty-five (45) calendar days		
						may prepay the entire		
before an interest payment date. The owner of property subject to Assessments			
					of	the		
remaining balance of the Assessments at any time, or a portion of	the remaining balance				
Assessment one time	if there is also paid, in addition to the prepaid principal balance	of	the		
Assessment, an amount equal to the interest that would otherwise be due on such prepaid amount on		
the next succeeding interest payment	date, or, if prepaid during the forty-five day (45) period		
																	
preceding such interest payment date, to the interest payment date following such next succeeding		
interest payment date.	Prepayment	of Assessments does not entitle the property	owner to any		

discounts for early payment.																			
(b)	The District may elect to use the method	of collecting	Assessments authorized by		
					.	The District has		
Sections  197.3632  and  197.3635,	Florida Statutes	(the  'Uniform Method')				

heretofore taken or will use its best efforts to take as timely required, any necessary actions to		
comply with the provisions of said Sections  197.3632 and  197.3635, Florida Statutes.	Such		

5

Assessments may be subject to all of the collection provisions of Chapter 197, Florida Statutes.		
Notwithstanding the above, in the event the Uniform	Method of collecting its special or non-ad		
		by the District to be		
valorem assessments is not available	to the District in any year, or if determined			
				
		as is otherwise permitted by law.  The District		
bestinits	interest, the Assessments may be collected			
						
may, in its sole discretion, collect Assessments by directly assessing landowner(s) and enforcing said		
		by.					
collection in any manner authorizedlaw					

(c)  For the period the District uses the Uniform Method, the District shall		
agreement with the Tax Collector of Polk County who may notify each owner of a		
within the District of the amount of the special assessment,	including interest thereon,		
			
provided in Section 197.3635, Florida Statutes.			

enter into an

lot or parcel

in the manner

SECTION

8.

APPLICATION OF TRUE-UP PAYMENTS.

(a) Pursuant to the Assessment Report, attached hereto as Exhibit B,	there may be required		
from time to time certain true-up payments.	As parcels of land or lots are platted, the Assessments		
									
securing the Bonds shall be allocated as set forth in the Assessment Report. In furtherance thereof, at		
such time as parcels or land or lots are platted, it shall be an express condition	of	the lien established		
						
by this Resolution that any and all initial plats of any portion of the lands within the District, as the		
District's boundaries may be amended from time to time, shall be presented to the District Manager		
for review, approval and calculation	of the percentage of acres and numbers of units which will be,		
								shall be		
after the plat, considered to be developed.  No further action by the Board of Supervisors			
			
required. The District's review shall be limited solely to this function and the enforcement	of the lien		
				
established by this Resolution.  The District Manager shall cause the Assessments to be reallocated		
to the units being platted and the remaining property in accordance with Exhibit B, cause such		
reallocation to be recorded in the District's Improvement Lien Book,performandshall	the true-up		
calculations described in Exhibit B, which process is incorporated	herein as if fully set forth (the		
							
"True-Up Methodology").  Any resulting true-up payment shall become due and payable that tax		
year by the landowner( s) of record of the remaining	unplatted property, in addition to the regular		
								
assessment installment payable with respect to such remaining unplatted acres.					

(b)	The District will take all necessary steps to ensure that true-up payments are made in a timely fashion to ensure its debt service obligations are met. The District shall record all true-up payments in its Improvement Lien Book.

(c) The foregoing is based on the District's	understanding with the majority landowners and		
			and types shown in Exhibit B, on the		
developers in the District intend to develop the unit numbers			
				ratio of the		
net developable acres and is intended	to provide a formula to ensure that the appropriate			
				
			fewer units are developed.  However,	no action by the		
Assessments to gross acres is maintained if				
					
District prohibits more than the maximum units shown in Exhibit B from being developedno. In		
event shall the District collect Assessments	pursuant to this Resolution in excess of the total debt		
					and interest.  The		
service related to the Capital Improvement	Plan, including all costs of financing			

District recognizes that such events as regulatory requirements and market conditions may affect the		
timing and scope of the development in the District.	If the strict application	of the True-Up		

6

Methodology to any assessment reallocation pursuant to this paragraph would result in Assessments		
collected in excess of the District's total debt service obligation for the Capital Improvement	Plan,		
			
the Board shall by resolution take  appropriate action to equitably reallocate the Assessments.		
Further, upon the District's review of the final plat for the developable acres, any unallocated		
Assessments shall become due and payable and must be paid prior to the District's approval	of that		
plat.				
( d)  The application of the monies received from true-up payments or Assessments	to the		
				
actual debt service obligations of the District, whether long term or short term, shall be set forth in		
the supplemental assessment resolution adopted for each series of Bonds actually issued.  Such		
subsequent resolution shall be adopted at a noticed meeting of the District, and shall set forth the		
actual amounts financed, costs of issuance, expected costs of collection, and the total amount	of the		
assessments pledged to that issue, which amount shall be consistent with the lien imposed by this		
Resolution.  Each such supplemental resolution shall also address the allocation of any impact fee		
credits expected to be received from the provision of the Project funded by the corresponding	series		

of

Bonds issued or to be issued.

SECTION 9.

UNITS OF LOCAL,

GOVERNMENT  PROPERTY;  TRANSFERS  OF  PROPERTY TO

STATE, AND FEDERAL GOVERNMENT.  Property owned by units of

local, state,federaland	government shall not be subject to the Assessments without specific consent		
thereto.  If at any time, any real property on which Assessments	are imposed by this Resolution is		
			
sold or otherwise transferred to a unit of local,or state,    federal government (without consent of such		
governmental unit to the imposition of Assessments thereon), all future unpaid Assessments for such		
tax parcel shall become due and payable immediately prior to such transfer without any further		
action of the District.				

SECTION 10.	ASSESSMENT

record a general Notice of Assessments in

be updated from time to time in a manner

NOTICE. The District's Secretary is hereby directed to the Official Records of Polk County, Florida, which shall consistent with changes in the boundaries of the District.

SECTION 11. SEVERABILITY. If any section or part of a section of this Resolution be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional.

the

SECTION 12.  CONFLICTS.

extent of such conflict, superseded

All resolutions

and repealed.

or parts

thereof

in

conflict herewith are, to

SECTION 13.	EFFECTIVE DATE.

adoption.

This Resolution shall become effective upon its

[Remainder

of

page intentionally left blank.]

7

APPROVED AND ADOPTED THIS

19

th

DAY

OF SEPTEMBER, 2018.

Secretary/Assistant Secretary

Chairman,

Board

of

Supervisors

Exhibit

Exhibit

A:

B:

Engineer's Report for Capital Improvements, dated June 2018 Master Assessment Methodology Report, dated July 11, 2018

8

Engineer's Report for

Exhibit A

Capital Improvements,

dated June 2018

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT DISTRICT

ENGINEER'S REPORT

IMPROVEMENTSFORCAPITAL

Prepared for:

BOARD OF SUPERVISORS NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT

Prepared by:

DENNIS WOOD ENGINEERING, LLC
1925 BARTOW ROAD
LAKELAND, FL 33801

PH: 863-940-2040

June 2018

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT DISTRICT

TABLE OF CONTENTS

I.	INTRODUCTION	l-2

II.	PURPOSE AND SCOPE	2-3

III.	THE DEVELOPMENT	3

IV.	THE CAPITALIMPROVEMENTS	3-4

V.	CAPITAL IMPROVEMENT PLAN COMPONENTS	4-5

Stonnwater Manage111ent Facilities	4

Public Roadways	5

Water and Wastewater Facilities	6

Off-site h11proven1ents	7

An1enities and Parks	7

Electric and Lighting	7

Entry Features	8

Miscellaneous	8

VI.	PERMITTING	9-10

vn.	RECOMMENDATION	IO

VIII.	REPORT MODIFICATION	10

IX.	CONCLUSION	11

LIST OF EXHIBITS

EXHIBIT 1- Location Map

EXHIBIT 2- Legal Description

EXHIBIT 3- District Boundary Map

EXHIBIT 4- Land Use Map

EXHIBIT 5- Zoning Map

EXHIBIT 6- Utility Location Map & Drainage Flow Pattern Map EXHIBIT 7- Summary of Opinion of Probable Costs EXHIBIT 8- Summary of Proposed District Facilities EXHIBIT 9- Overall Site Plan

ENGINEER'S REPORT

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT DISTRICT

I.	INTRODUCTION

	The North Powerline Road Conununity Development District (the "District") is north of North Blvd East and east of Hwy 17-92 N partially within unincorporated Polk County, (the "County") Florida and partially within Davenport (the "City"). The District currently contains approximately 190 acres, and is expected to consist of 543 single family lots, recreation / amenity areas, parks, and associated infrastrncture.

The CDD was established under County Ordinance No. 18-036, which was approved by the County Commission on June 5, 2018. The District will own and operate the public

roadways and stormwater management facilities, as well as the landscape, irrigation, signage, and recreational facilities within the development.

Public improvements and facilities financed, acquired, and/or constrncted by the District will be designed and consh11cted to conform to regulatory criteria from the City, the County, Southwest Florida Water Management Dish·ict (SWFWMD), and other applicable agencies with regulatory jurisdiction over the development. An overall estimate of probable cost of the public improvements is provided in Exhibit 7 of this report.

This "Capital Improvement Plan" or "Report" reflects the present intentions of the District and the landowners. It should be noted that the location of proposed facilities and improvements may be adjusted during the final design, permitting, and implementation phases. It should also be noted that these modifications are not expected to diminish the benefits received by the property within the District. The District reserves the right to make reasonable adjustments to the development plan to meet applicable regulato1y requirements of agencies with jurisdiction over the development, while maintaining comparable level of benefits to the lands served by the improvements. Changes and modifications are expected as changes in regulatory criteria are implemented.

Pagel

Implementation of any proposed facilities or improvements outlinedReportinthis	requires

written approval from the District's Board of Supervisors. Estimated costs outlined in this report are based on best available information, which includes but is not limited to previous experience with similar projects. Achial costs could be different than estimates because final engineering and specific field conditions may affect construction costs.

All roadway improvements including sidewalks in the right-of-way and storm drainage collection systems (from the cmb inlets to their connection to the Stormwater ponds) within the development will be maintained by the District. Water distribution and wastewater collection systems (gravity lines, force mains, and lift stations) will, upon completion, be dedicated to the City for ownership and maintenance.

II.	PURPOSE AND SCOPE

	The purpose of this Rep011 is to provide engineering support to fund improvements in the District. This Report will identify the proposed public infrastrncture to be constructed or acquired by the Dish'ict along with an opinion of probable cost.

	Contained within this Report is a brief description of the public infi:astructure to be constructed or acquired by the District. The Dish'ict will finance, construct, acquire, operate, and maintain all or specific portions of the proposed public infrash·ucture. An assessment methodology consultant has been retained by the District, who will develop the assessment and financing methodology to be applied using this Repo11.

Page2

The	predominant portion of	this Repo1i	provides descriptions of the proposed  public	
infrastrncture improvements, determination of estimated probable construction costs, and	
the	corresponding	benefits	associated	with	the	implementation	of	the	described	
improvements.  Detailed  site  construction  plans  and  specifications  have	not	yet	been	
completed	and	pennitted  for  the  improvements  described  herein.	The	engineer	has	
considered,	and	in specific instances has relied upon,	the information and documentation	
prepared or supplied by others, and information that	may have been	provided	by public	
entities, public employees, the landowner,	site constmction contractors, other engineering	
professionals,  land	surveyors,  the  District  Board	of Supervisors,	and	its	staff	and	
consultants.												

III.	THE DEVELOPMENT

	The development	will	consist of 543	single family homes	and associated infrastrnctme	
	("Development").	The	Development is	a planned residential community is located n01ih of	
	North Blvd East and east of Hwy 17-92 N partially within the County and pruiially within	
	the City. The	Development has received zoning approval by the	City and County. PUD	
	approval shall	be	obtained prior to plan submission to the	City,	and the prope1ty has an	
	underlying Future	Land Use Designation of RM (Residential Medium) in	the	City and	
	Coutny. The development will be constructed in three (3) phases.				
IV.	THE CAPITAL IMPROVEMENTS						
	The Capital Improvement Plru1, (the "CIP"), consists of public infrastrncture in	Phases l,	
	2,  ru1d  3. The primruy  po1iions  of the  CIP  will  entail  stormwater pond	construction,	
	roadways  built  to	an  "urban"  typical  section,  water  and	sewer facilities	and  off-site	
	improvements (including turn lanes and extension of water	and sewer mains to	serve the	
	development).									

Page 3

V.

There will also be stormwater strnctures and conveyance culverts within the CIP which

will outfall into the otViite retention ponds. These slructures and pond areas comprise the

overall	stonnwater	facilities	of the	CIP.	Installation	of the	water	distribution	and

wastewater collection system will also occur at this time. Below ground installation	of		
			
power, telecommunications and cable TV will occur, but will not be	funded by the District.		
Installation of sh·eet lights within the public right of way will be funded by the District.			
As a pmt of	the recreational component of the CIP, a public park/amenity center will be		
constructed adjacent to the entry road off US 17-92. The public park/amenity	center will		
				
have  connectivity  via  sidewalks  to  the  other  portions  of  the  District.  The  public		
park/mnenity center will be accessed by the public roadways and sidewalks.				
CAPITAL IMPROVEMENT PLAN COMPONENTS					
The Capital Improvement Plan includes the following:						
St01·mwate1· Management Facilities										
Stonnwater management facilities consisting	of storm conveyance systems and retention		
									
ponds are contained within the District boundm·ies.	Stonnwater runs off via roadway curb		
							
and gutter to storm inlets. Storm culverts convey the 1w1off into the proposed retention		
ponds for water quality treatment m1d attenuation.	The proposed stonnwater systems will		
							
utilize dry retention and wet retention for biological pollutant assimilation to achieve water		
quality treatment. The design criteria for the District's stonnwater management systems is		
regulatedthe by	City, the County, and the SWFWMD.	There are no	known surface waters,		
							
but there are natural wetlands on or immediately adjacent to the Development.				
Federal Emergency Management Agency Flood InsuranceMap Rate	(FEMA FIRM) Panel		
No. 12105C-0240G (dated 12/22/2016)	demonstrates that the majority of the property	is		

located within Flood Zone X and the remainder	in Flood Zone A. Based on this information		
								
and the site topography, it does appem· that floodplain compensation will be required.			

Page 4

During  the  constrnction  of stormwater	management  facilities,  utilities  and  roadway		
						
improvements,  the  contractor	will  be  required  to  adhere  to  a  Stormwater	Pollution		
							
Prevention Plan (SWPPP) as required by Florida Department of Environmental	Protection		
			
(FDEP) as delegated by the Environmental Protection Agency (EPA). The SWPPP will be		
prepared to depict for the contractor the proposed locations of required	erosion control		
					
measures and staked turbidity barriers specifically along the down gradient	side of any		
				
proposed constmction activity. The site contractor will be required to provide the necessary		
reporting on various forms associated with erosion control, its maintenance and any rainfall		
events that occur dming construction activity.					

Public

Roadways

The proposed public roadway	sections are to be 50'	RJW with 24'	of asphalt	and Miami		

curb or Type F curb and gutter on both sides. The proposed roadway section will consist	of		
			
stabilized subgrade, lime rock, crushed	concrete or cement treated base and asphalt	wearing		

surface. The proposed curb is to	be 2' wide and placed along the edge	of the proposed		
roadway section for purposes	ofprotecting the integrity of the pavement	and also to provide		

stormwater runoff conveyance to the proposed stonnwater inlets. Underdrain is provided		
as necessary to control groundwater	and protect the roadway base material.				
								
roadwaysThe proposed	will also require signing and pavement markings within the public		
rights-of-way, as well as street signs depicting street name identifications, and addressing,		
which will be utilized by the residents and public. As stated above, the District's funding		
of roadway constrnction will occur for all public roadways.						

Page 5

Water and

Wastewater Facilities

A  potable  water	system	inclusive  of  water  main,	gate  valves,  fire  hydrants  and		

appmienances will be installed for the Development.	The water service provider will be		
the City of Davenport Public	Utilities. The water system will be a	11	looped	11		system. These		

facilities will be installed within the proposed public rights-of-way within the District.	This		
				
waterthe will provide	potable (domestic) and fire protection services which will se1ve	the		
				
entire District.																					
A domestic wastewater collection system inclusive	of gravity sanitaiy sewer	mains and		

sewer laterals will be installed. The gravity sanita1y sewer mains will be 8	11	diameter PVC.		
					
The gravity sanitary sewer lines will be placed inside	of the proposed public	rights-of-way,		

under the proposed paved	roadways. Branching off from these	sewer lines will be laterals		

to se1ve the individual lots. A lift station is anticipated for this CIP. Flow from the lift station		
shall be connected to an existing	force main n01iheast	of the site.											
																	
Reclaimed water is not available for this site. An irrigation	well	to	be funded by the District		
													
will be installed oi1site	to	provide iil'igation within the public right of way or irrigation		
water service shall be provided	as pmi of the domestic	water system design. Any water,		

sewer, or reclai.J.n	water	pipes or facilities placed on private property will not be publicly		
																					
funded.																					

Page 6

Off-Site Improvements							
The District will provide funding for the anticipated	turn lanes at the development entrance.		
					
The site construction activities associated with the CIP are anticipated for completion by		
phases based on the following estimated schedule: Phase 1 in 2019; Phase 2 in 2020; Phase		
3 in 2021. Upon completion of each phase of these improvements, inspection/ce1tifications		
will  be  obtained  from  the  SWFWMD;  the  Polk  County  Health  Depaitment  (water		
distribution system), Florida Department of Environmental Protection (FDEP) (wastewater		
collection) and the City/Cmmty.							
Amenities and Parks							
The District will provide funding for an Amenity Center to include the following: parking		
area, pavilion with restroom facilities, pool, tot lot, dog park/all-purpose play field, and		
walking trails between the phases to provide connectivity to the Amenity Center.			
Electric and Lighting							
The electric distribution system thru the District is currently planned to be undergrmmd.	The		
			
District presently intends to  fund  and construct	the electric conduit, transformer/cabinet		
						
pads,  and  electric  manholes  required  by  DUKE.  Electric  facilities  will  be  owned  and		
maintained by DUKE after dedication, with DUKE providing underground electrical service		
to the Development. The CDD presently	intends	to	fund the cost to purchase and install the		
							
street lighting along the internal roadways within the CDD. These lights will  be owned,		
operated and maintained by DUKE after dedication,	with the District funding maintenance		
				
services.							

Page 7

Entry

Feature

Landscaping,  irrigation, entry features  and walls at the entrances and  along the outside		
boundary of the Development will be provided by the District. The irrigation system will		
use an irrigation well. The well and  irrigation watermains to  the various phases	of the		
			
development will be constructed or acquired by the COD with District funds and operated		
and  maintained  by the CDD. Landscaping for the roadways will consist	of sod, annual		
				
flowers, shrubs, ground cover and trees for the internal roadways within the CDD. Perimeter		
fencing will be provided at the site entrances and perimeters. These items will be funded,		
owned and maintained by the COD.				

Miscellaneous					
The stonnwater  improvements,  landscaping  and  irrigation,  recreational  improvements,		
street lighting, and certain permits and professional fees as described in this rep01t, are		
being financed by the District with the intention for benefiting	all of the developable real		
				
property within the District. The consh·uction and maintenance	of the proposed public		
			
improvements will benefit the development	for the intended use as a single-family planned		
					
development.					

Page 8

VI.

PERMITTING

Construction permits for all phases are required and include the SWFWMD Environmental

Resource	Permit	(ERP),	Polk	County	Health	Department,	Florida	Department	of

Environmental Protection (FDEP), Army Corps of Engineer Permit (A.COE), and  City

construction plan approval.

Following is a summary of required permits obtained and pending for the constrnction of

the public infrash·ucture improvements for the District:

PHASE 1

Permits/ Appl'ovals

Zoning Approval

Preliminary Plat

SWFWMDERP

Conshl1ction Permits

Polk County Health Deparhnent Water

FDEP Sewer

FDEPNOI

ACOE

PHASE2

Permits/ Approvals

Zoning Approval

Preliminary Plat

SWFWMDERP

Consh·uction Permits

Polk County Health Department Water

FDEP Sewer

FDEPNOI

ACOE

Approval/ Expected Date

September 2018

November 2018

January 2019

January 2019

January 2019

January 2019

January 2019

January 2019

Approval/ Expected Date

September 2018

November 2019

January 2019/January 2020

January 2019

January 2019

January 2019

January 2019

January 2019

Page9

PHASE3

/	Permits  Approvals

Zoning Approval

Preliminaty Plat

SWFWMDERP

Construction Permits

Polk County Health Department Water

FDEP Sewer

FDEPNOI

ACOE

Approval/ Expected Date

September 2018

November 2019

Januaiy 2019/Januaty 2020

Janua1y 2019

Januaiy 2019

Janua1y 2019

Janumy 2019

Januaiy 2019

VII.	RECOMMENDATION										
	As previously described within this rep011, the public infrastructme as described is necessary		
	for the development and functional operation	as required by the City. The site planning,		
								
	engineering design and construction plans for the infrastrncture are in accordance with the		
	applicable requirements of the City of Davenport,	and the SWFWMD. It should be noted		
						
	that the infrastrncture will provide its intended use and function so long as the constrnction		
	and  installation  is	in  substantial  conformance	with  the  design  constrnction  plans  and		
								
	regulatory permits.											
	Items utilized in the	Opinion ofProbable Costs for this repo11 are based upon proposed	plan		
						
	infrastrncture as shown on constrnction drawings incorporating specifications in the most		
	current SWFWMD mid the City regulations.									
VIII.	REPORT MODIFICATION										
	During  development  and  implementation	of	the  public  infrastmcture  improvements	as		

	described for the District, it may be necessary to make modifications and/or deviations for		
	the plans. However,	if such deviations	and/or revisions do not change the overall primary		
												
	objective of the plan for such improvements,	then the costs differences would not materially		
									
	affect the proposed cost estimates.										

Page

10

IX.

CONCLUSION												
It is om professional opinion that the public infrastructure	costs for the CIP provided in this		
						
Report  are  reasonable	to	complete  the  constrnction	of	the  public  infrastrncture		
improvements. Furthermore, the public infrastrncture improvements will benefit and add		
value to lands within the District at least equal to the costs of such improvements.		
The  Opinion of Probable  Costs of the public  infrastrncture	improvements  is  only  an		
			
estimate and is not a guaranteed maximum price. The estimated costs are based upon unit		
prices currently experienced on an ongoing and similar basis for work in the County.		
However, labor market,	future costs of equipment,	materials, changes to the regulatory		
									
permitting agencies  activities,  and  the  actual construction  processes  employed  by  the		
chosen site conh·actor are beyond the engineer's control. Due to this inherent opportunity		
for changes (upward or downward) in the construction costs, the total, final conshuction		
cost may be more or less than this estimate.									
Based upon the presumption that the CIP construction	continues in a timely manner, it is		
							
our  professional  opinion  that  the  proposed  public  infrastrncture  improvements  when		
constructed  and  built	in	substantial  conformance  with  the  approved  plans  and		
specifications, can be completed and used for their intended function. Be advised that we		
have utilized historical costs and direct unit costs from site contractors and consultants in		
the County, which we believe to	be necessary	in order to facilitate accuracy associated with		
										
the Opinion of Probable Costs.	Based upon the information	above, it is our professional		
					
opinion that the acquisition and construction	costs of the proposed CIP can be completed		
									
at the cost as stated.												

Page

11

~el ID Numbers			-	..		
C		212634-000000-022030						
2.		272634-000000-022020						
3.		272635-000000-044010						
4.		272703-713500-010031						
5.		272703-000000-011000						
6.		272703-713500-010200						
7.		272703-713500-010294						
8.	272703-713500-010282						
9.		272703-713500-010220	~	~	_.			
10.	272703-713500-010231						
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11.	272702-713000-030172	1-	~				
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W ood -				CEll:	18631662-0018							
-	•	.-...												
	Engineering	1925 BARTOW ROAD								
	-			LLC	LAKELAND. FL 33801								

DENNIS WOOD, PROFESSIONAL ENGINEER
EMAIL: dennis@woodcivil.com

.._ ..  -··NORTH- BLVD EAST

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I				

EXHIBIT 1

NORTH POWERLINE	COD

LOCATION MAP

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LEGAL DESCRIPTION

PARCEL 1 (272634-000000-022030)

THE SE-1/4 of SE-1/4 OF SECTION 34, LESS THE SOUTH 933.34 FEET OF THE EAST 933,34 FEET THEREOF, OF SECTION 34, TOWNSHIP 26 SOUTH, RANGE27 EAST, POLK COUNTY, FLORIDA.

PARCEL 2 (272634-000000-022020)

THE SOUTH 933.34 FEET OF THE EAST 933.34 FEET OF THE SOUTHEAST¼ OF SOUTHEAST¼ OF SECTION 34, TOWNSHIP 26 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

PARCEL 3 (272635-000000-044010)

THE SW-1/4 OF SW-1/4 OF SECTION 35, ALL IN TOWNSHIP 26 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

PARCEL 4 (272703-713500-010031)

PARCEL "A": FROM THE NE CORNER OF THE NW¼ OF THE NE¼ OF SECTION 3, TOWNSHIP 27S, RANGE 27E, POLK COUNTY, FLORIDA, RUN WEST, ALONG THE NORTH LINE OF SAID SECTION 3, 595.8 FT., TO THE EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY NO. 17 & 92; RUN THENCE S-12°46'30"-W,ALONG RIGHT-OF-WAY, 125,0

FT.; RUN THENCE EAST, PARALLEL TO THE NORTH LINE OF SAID SECTION 3, 625.95 FT., TO A POINT ON THE EAST LINE OF SAID NW¼ RUN THENCE NORTH, ALONG SAID EAST LINE, 121,91 FT., TO POINT OF BEGINNING.

SUBJECT TO ANY EXISTING DEDICATIONS OF ROAD RIGHT-OF-WAYS IN FLORIDA DEVELOPMENT COMPANY'S PLAT OF SAID SECTION 3. AND PARCEL "B" FROM THE NE CORNER OF THE NW ¼ OF THE NE ¼ OF SECTION 3 TOWNSHIP 27 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA, RUN WEST, ALONG THE NORTH LINE OF SAID SECTION 3, 595.8 FT., TO THE EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY NO. 17 & 92; RUN THENCE S-12°46'30"-W,ALONG SAID RIGHT OF WAY LINE, 125.0 FT,, TO THE POINT OF BEGINNING; RUN THENCE EAST,

PARALLEL TO THE NORTH LINE OF SAID SECTION 3, 625.95 FT., TO A PO INT ON THE EAST LINE OF SAID NW¼ OF NE 1/4; RUN THENCE SOUTH, ALONG SAID EAST LINE, 390.33 FT; RUN THENCE N-77°13'30"-W, 704.65 FT., TO THE EAST RIGHT-OF-WAY LINE OF SAID HIGHWAY; RUN THENCE N-12°46'30"-E,241.4 FT., TO THE POINT OF BEGINNING.

PARCEL 5 (272703-000000-011000)

THE NE¼  OF NE ¼ OF SECTION 3, TOWNSHIP 27 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

PARCEL 6 (272703•713500-010200)

FLA DEVELOPMENT CO SUB PB 3 PGS 60 TO 63 TRACTS 20, 21 LESS N 15 FT FOR ROAD R/W ALL IN NE ¼ OF SECTION 3, TOWNSHIP 27 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

PARCEL 7 (272703-713500-010294)

FLA DEVELOPMENT CO SUB PLAT BOOK 3, PAGES 60 TO 63, TRACT 29, NORTH½ NORTH OF CLAY ROAD IN NE ¼ OF SECTION 3, TOWNSHIP27 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

PARCEL 8 (272703-713500·010282)			
FLA DEVELOPMENT CO SUB PB 3 PGS 60 TO 63, SOUTH ½ TRACT 28 IN NEl/4 SECTION 3, TOWNSHIP 27 SOUTH,		
- RANGE 27 EAST, POLK COUNTY, FLORIDA.			
-			SEE PAGE 2 FOR CONTINUATION		
					
Qennls   ~ '-·· -~	OFFICE: (863) 940-2040	EXHIBIT 2		
	FAX:(863) 940-2044			
Wood ,	'	cm:  (8631 662-0010	NORTH  POWERLINE RD CDD		
- Engineering   1925 BARTOW ROAD			
	LEGAL DESCRIPTION		
-.		llO   LAKELAND, FL 33001			

DENNIS WOOD, PROFESSIONAL ENGINEER
EMAIL: dennls@woodclvll.com

PAGE  1 OF 2

-

-

PARCEL 9 (272703•713500-010220)

TRACT 22 LESS NORTH 15 FEET AND TRACT 27 LESS SOUTH 15 FEET IN FLORIDA DEVELOPMENT COMPANY;S SUBDIVISION, ACCORDING TO MAP OR-PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGES 60 TO 63, IN SECTION 3, TOWNSHIP 27 SOUTH, RANGE 27 EAST, PUBLIC RECORDS OF POLK COUNTY, FLORIDA.

PARCEL 10 (272703-713500-010231)

LOT 23, LESS THE SOUTH 100 FEET OF THE WEST 84.74 THEREOF AND LESS THE NORTH 15 FEET THEREOF, LOT 24 LESS THE NORTH 15 FEET THEREOF; THE EAST¾ OFLOT 26 AND ALL OF LOT 25, LESS THE SOUTH 15 FEET OF SAID LOTS, ALL LYING AND BEING IN THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 27 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA, BEING A PART OF FLORIDA DEVELOPMENT COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGES 60-63, OF THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA, SUBJECT TO AN EASEMENT AS SHOWN ON PLAT 30 FEET IN WIDTH, 15 FEET ALONG THE EAST BOUNDARY OF THE NORTHEAST QUARTER OF SECTION 3, AND 15 FEET ALONG THE WEST BOUNDARY OF THE NORTHWEST QUARTER OF SECTION 2.

NOTE: SUBJECT TO AN EASEMENT TO FLORIDA POWER CO. FOR POWER LINEAS OF RECORD AND/OR IN USE.

PARCEL 11 (272702-713000·030172)

LOTS 17, 18 AND THE NORTH¾ OF LOT 19, LESS THE NORTH 15 FEET OF SAID LOTS; LOT 32 AND THE WEST ONE HALF OF LOT 31, LESS THE SOUTH 15 FEET OF SAID LOTS, ALL LYING AND BEING IN THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 27 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA, BEING A PART OF THE FLORIDA DEVELOPMENT COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGES 60 TO 63, OF THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA, SUBJECT TO AN EASEMENT AS SHOWN ON PLAT 30 FEET IN WIDTH, 15 FEET ALONG THE EAST BOUNDARY OF THE NORTHEAST QUARTER OF SECTION 3, AND 15 FEET ALONG THE WEST BOUNDARY OF THE NORTHWEST QUARTER OF SECTION 2.

NOTE: SUBJECT TO AN ~ASEMENT TO FLORIDA POWER CO. FOR POWER LINE AS OF RECORD AND/OR IN USE.

CONTAINING 190.56 ACRES MORE OR LESS.

-	-

-					-		
Dennis	~~--	OFFICE: (863) 940,2040	EXHIBIT 2		
		FAX:(8631 940-2044			
-	Wood ~	•·	CELL:(863) 662-0018	NORTH POWERLINE RD CDD		
	-	Engineering	1925 BARTOi'/ IIOAO	LEGAL DESCRIPTION		
		..-.	n.o	LAKELAND, FL 3380I			

DENNIS WOOD, PROFESSIONAL ENGINEER
EMAIL: dennls@woodcivll.com

PAGE 2 OF 2

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	•	RESIDENTIAL MEDIUM  (CITY OF DAVENPORTI						
I.AKE.LAND. FL 33801								

DENNIS WOOD, ?ROFESSJONAL ENGINEER

EMAIL: dennis@woodcivil.com

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DENNIS WOOD. PROFESSIONAL ENGINEER

EMAIL: d ennis@woodcivil.co m

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DENNIS WOOD, PROFESSIONAL ENGINEER																							

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COMPOSITE  EXHIBIT 6 NORTH POWERLINE RD  CDD
w A TE R & SEWER

CITY OF DAVENPORT

NO

SCALE

Exhibit

7

North

Powerline

Rd

Community

Development

District

Summary

of

Proposed

District

Facilities

District Infrastructure

Entry Feature & Signage

Stormwater Facilities

Lift Stations/Water/Sewer

Street Lighting/Conduit

Road Construction

Construction

District

District

District

District

District

Ownership

District

District

City of Davenport

Duke

District

Capital Financing*

District Bonds

District Bonds

District Bonds

District Bonds

District Bonds

01;1eration	and	
Maintenance	
District		
District		
City of Davenport	
Duke		
District		

Parks & Amenities

Offsite Improvements

District

District

District

FDOT

District Bonds	District

District Bonds	FDOT

*Costs not funded by bonds will be funded by the developer

Exhibit 8

North Powerline Rd

Community Development District

Summary of Probable Cost

						Infrastructure									
										1	5	7	11								
Offsite lmprovements!	HH11		1							
													1	2	3	5	l1	6	7	l		
Stormwater Management !	l!	ll H			l!			
Utilities (Water, Sewer,	& Street Lighting)		
(1}	(5)(7} (9)(11}																						
	1	4		5		7	J															
Roadway l H H		J!																
Entry Feature	11	J!	7	9	9													
					H	J uJ													
										1	7	11										
Parks and Amenities ! J1		1c	1										
ContingencyC	11	l																	
																				
TOTAL																						

Phase 1 (197 Lots)	
	2018-2023	
$	220,000.00	
$2,600,000.00	
$1,500,000.00	
$	940,000.00	
$	200,000.00	
$	350,000.00	
s	290,500.00	
$G,1oo;soo:oo	

Phase 2 (166 Lots)		
	2019-2024		
$	-0-		
$2,160,000.00		
$1,020,000.00		
$	790,000.00		
$	-0-		
$	225,000.00		
s	210,000.00		
			
$4,4()5,000.00		

Phase 3 (180 Lots}		
		2020-2025		
$		-0-		
$2,400,000.00		
$1,100,000.00		
$		860,000.00		
$		-0-		
$		225,000.00		
s	230,000.00		
$				
	4,815,000.00		

	Total	
	(543 Lots)	
$	220,000.00	
$	7,160,000.00	
$	3,620,000.00	
$	2,590,000.00	
$	200,000.00	
$	800,000.00	
s	730,500.00	
$15,320,500:00	

Notes:

1.

Infrastructure consists of sanitary sewer lift station neighborhood parks.

roadway improvements, Stormwater management facilities, master and utilities, entry feature, landscaping and signage, and

2.	Excludes grading of each lot in conjunction

home builder.

StormwaterIncludes3.	pond excavation.

with

home construction, which will

be

provided by

4.

5.

6.

7.

8.

9.

10.

11.

Includes sub-grade, base, asphalt paving, curbing, and civil/site engineering.

Includes subdivision infrastructure and civil/site engineering.

Stormwater does not include grading associated with building pads.

Estimates are based on 2018 cost.

Includes entry features, signage, hardscape, landscape, irrigation and fencing.

CDD will enter into a Lighting Agreement with Duke Energy for the street light poles and lighting

service.

Estimates based on 543 lots.

The costs associated with the infrastructure are a master cost and is effectively shared by the entire project (All phases).

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!I!---------------

Exhibit B

Master Assessment Methodology Report,

dated July 11, 2018

FISHKIND
& ASSOCIATES

MASTER ASSESSMENT

METHODOLOGY REPORT

NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT

July 11, 2018

Prepared for:

Members of the Board of Supervisors,

North Powerline Road Community Development District

Prepared by:

Fishkind & Associates, Inc.

12051 Corporate Boulevard

Orlando, Florida 32817

NORTH

MASTER ASSESSMENT METHODOLOGY REPORT POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT

July

11,

2018

1.0

1.1

Introduction																								
Purpose																										
This  "Master	Assessment	Methodology Report,"	dated	July	11,	2018	("Methodology")	
provides	a system for	the	allocation	of	non-ad	valorem	special	assessments	securing the	
repayment	of	bond	debt planned to	be	issued	by	the	North Powerline	Road	Community	
Development	District	("District") to	fund	beneficial	public	infrastructure	improvements and	
facilities.		The Methodology	described	herein	has two	goals:	(1)	quantifying the	special	
benefits	received by	properties within	the	District as	a	result of the	installation	of	the	
District'simprovements and facilities, and (2)	equitably	allocating the	costs incurred by	the	
District to	provide	these	benefits	to  properties	in  the	District.	The	District plans	to	
implement	a capital	improvement	program	("CIP") that will allow	for the development of	
property	within the District.	The District plans to fund	the	majority	of	its	CIP through bond	
debt financing.  This bond	debt will	be repaid	from	the	proceeds of	non-ad valorem	special	
assessments levied	by the	District'sBoard of	Supervisors.	These special	assessments	will	
serve as	liens	against properties within	the boundary	of the District that	receive a	special	
benefit from the CIP.	This	Methodology is		designed		to	conform	to	the	requirements of	
Chapters	170,	190,	and 197	of the	Florida	Statutes with	respect to	special assessments	
and is consistent with	our understanding of the case law on this	subject.						

1.2

Background														
The	District	includes	approximately	190.56 gross acres	of	property within	its	boundaries.	
The	District	is generally located	to	the east of Highway	17-92 North and	to	the north of	
North Boulevard	East within	both	Polk	County and the City	of Davenport,	Florida.  At build-	
out,	the	District	is expected	to contain	543 single-family	lots, recreation	areas,	parks,	and	
related	infrastructure.	The land use	plan for the District	is	found in Table	1 (all	tables	are	
found in the	attached	Appendix).											

1.3

Special	Benefits and General Benefits															
Improvements undertaken by the District create	both	special	benefits and general benefits		
to property		owners located	within and surrounding	the	District.	However,	the general		
benefits	to	the public at	large are	incidental in nature	and	are readily distinguishable	from		
										
the	special	benefits which accrue	to property located	within	the	District.	It is the District's		
CIP	that	enables properties within	the District'sboundaries to be	developed.	Without	the		
District'sCIP there would be no	infrastructure to support	development of land	within	the		
District.		Without these	improvements development	of property	in the	District	would	be		
prohibited by law.																				
There is	no	doubt that	the	general	public and	property	owners	outside the	District	will		
benefit from	the provision of	District	infrastructure.	However, these are	incidental to	the		
District'sCIP, which is	designed	solely to	meet the	needs	of property owners	within	the		
District.		Properties outside the District do	not depend	upon	the	District'sCIP	to	obtain, or		
to maintain,	their development	entitlements.	This	fact	alone	clearly	distinguishes	the		
special	benefits  which	District	properties  receive	compared	to	those	properties  lying		
outside	of the District'sboundaries.																

1.4

Requirements of a Valid Assessment Methodology						
For special assessments to be valid under Florida law, there are	two requirements.	First,		
				
the properties assessed must receive a special benefit from the improvements paid	for via		
the assessments.  Second, the assessments must be fairly and reasonably allocated to the		
properties being assessed.									
If these two characteristics of	valid  special assessments are	adhered to,  Florida law		
provides some latitude to legislative bodies, such	as the	District'sBoard of Supervisors, in		
approving	special assessments.	Indeed,	Florida	courts	have found that the mathematical		
perfection	of calculating special	benefit is	likely impossible.	Only	if the District'sBoard was		
to act in an arbitrary, capricious, or grossly unfair fashion	would	its assessment methods		
be overturned.									

1.5

Special	Benefits and General Benefits						
The	new infrastructure improvements included in	the	CIP create both: (1) special benefits	
to the developable property within the District and	(2)	general benefits to properties outside	
the	District.  However, as discussed below, these	general benefits are	incidental in nature	
and	are	readily	distinguishable from the special	benefits which	accrue	to the developable	
property	within	the District.	The CIP described	in the District	Engineer'sReport enables	

2

the

developable

property

within

the

District

to

be

developed.

Without

the

CIP,

there

would

be

no

infrastructure

to

support

development

of

the

developable

property

within

the

District.

There

is

no

doubt

that

the

general

public,

and

property owners

outside

the

District,

will

benefit

from

the

provision

of

the

CIP.

However,

these

benefits

are incidental

to

the

CIP,

which

is

designed

solely

to

meet

the

needs

of

the

District.

Lands

outside

the

District

do

not

depend

upon

the

CIP

to

obtain,

or

to

maintain,

their

development

entitlements.

This

fact alone clearly distinguishes the special benefits which developable property District receive compared to those lying outside of the boundaries of the District.

in

the

Finally,

as

shown

in

Table

2,

the

estimated

cost

of

the

CIP

is

$15,320,500.

The

District

plans

to	issue	bonds	to

fund	these

costs,

with

total

bond

principal

estimated

at

$20,630,000.

Following

the

installation

of

the

District'sCIP

(as

outlined

in

Table

1

in

the

Engineer's

Report),

there

will

be

an

estimated

190.56

gross

acres

within

the

District.

Therefore,

the

average

cost

of

the

District'sCIP,

per

gross acre,

is

$108,260

on

an

as-

financed

basis.

According

to

data

from

the

Polk

County

Property

Appraiser

("PA"),

the

fair

market

value

of

the

land

in

the

District

currently

averages

$4,583

per

acre.

Therefore,

as

illustrated

in

the

table

immediately

below,

the total

cost

of

the

land

with

the

proposed

improvements

implemented

is

approximately

$112,843

per

acre.

Demonstration

of

Special

Benefit

for

Properties

in

the

District

Category		
Maximum Bonds Necessary to Fund CIP	
Gross Acres within District*		
CIP Financed Cost Per Gross Acre		
Value of Unimproved Land/Acre**		
Total Cost of Improved Land per	Acre	

Amount

$20,630,000

190.56

$108,260

$4,583

$112,843

Est. Minimum Value of Finished Home and Lot	
Value of Lot @	25%	
Density/Gross	Acre	
Est. Value of Finished Lots/Land per Acre	
Net Benefit per Acre from CDD Improvements	

$250,000

$62,500

2.85

$178,094

$65,251

*Source:

Dennis

Wood

Engineering,

LLC.

**2017

Value

provided

by

the

Polk

County

Property

Appraiser

for

District

Parcels

3

2.0

Based	on  the	land	development	plan,  and	market research	by	the  District's Financial	
Advisor	("FA"),	the	estimated average value	for a	single-family	home to be developed in	
the District will	average $250,000.	The typical relationship	between	the total	price of	a new	
home and its finished lot is 25%.	So, the average	home	lot in	the	District	is	expected to	
have a	retail value of $62,500.												
The land	use	plan	anticipates	a	gross residential	density of 2.85 units per	gross	acre.	
Therefore, the	average value per gross-acre for properties	developed into residential	lots is	
$178,094.	Thus,	the estimated net special benefit to District lands is $65,251	per acre.	In	
other words, the	installation of	the CIP will increase	the market value of the	land within	the	
District	in	excess	of	the cost of	the assessments.									
CIP Plan	of Finance												

2.1

Phased Infrastructure	Installation																						
The	District	will install	its	public infrastructure and	improvements	on		a	phased basis, as	
outlined in	more detail		in	the	"North	Powerline Road	Community Development District	
Engineer'sReport for	Capital Improvements," dated June	8, 2018 ("Engineer'sReport"), as	
prepared  by	Dennis	Wood	Engineering,	LLC	("District		Engineer").		As  outlined	in	the	
Engineer'sReport,	the	District	will install	the infrastructure	necessary	to serve the	lands	
within Phases 1, 2,	and	3.	A description	of	the	boundaries	of	the	District, which includes	
Phases	1,	2,	and	3,	is	found	attached		as	Exhibit "A."	The	District infrastructure	and	
improvements for Phase 1	are	designed	to	serve	Phase	1,	with	components of Phase 1	
development benefitting	Phase	2 and Phase 3 as	detailed in the	Engineer'sReport.	The	
District	infrastructure	and	improvements	for	Phase	2	are	designed	to	serve	and specially	
benefit	the lands within	Phase 2 and	the	same	is	true	for	the	Phase	3	District infrastructure	
and	improvements.		The estimated	costs	of	the	Phase	1, 2, and	3	District	infrastructure	
and	improvements	(and	the	estimated	costs	for	the District'sentire CIP)	are	presented in	
Table 2. It is important	to	note	that the	Capital	Improvement Plan	costs	are	provided	with	
respect to the	timing	of	the costs on	a	phased	basis	as	well	as an	allocation basis	based	
on the District	Engineer'scomment regarding the "master	costs" of	development which are	
shared	by the	entire project.																								

4

2.2

Bond	Requirements																									
The District	intends to finance	the	majority of	its	CIP by	issuing	bonds.	These bonds will	
be issued	in	several	series, as	development progresses	within the District.	The District's	
first series	of	bonds	is expected	to	be	issued in	the	2019 calendar year	("Series	2019	
Bonds")	and		will		help	fund		the	costs	of	the	Phase	1	District	infrastructure	and	
improvements.	The	District infrastructure	and	improvements	for	Phase	1 are	designed to	
serve	Phase 1,	with components of Phase 1	infrastructure improvements benefitting	Phase	
2 and	Phase		3 properties as	detailed	in	Table	2's CIP	Allocation.	Phase 2		District	
infrastructure	and	improvements will	be assessed solely to properties located within	Phase	
2 and	the same is	true for the	Phase	3	District	infrastructure	and improvements.  A	number	
of component	funds	comprise	the	total	principal	of the bonds	to	be issued	by	the	District.	
These	funds may		include but		are	not	limited	to	acquisition and	construction,	capitalized	
interest,	a debt	service reserve, underwriter'sdiscount,	and issuance	costs.						
An estimate of the	initial	bond	issuances	required	to	fund	the Phase 1, 2,	and 3	District	
infrastructure	and	improvements is found	in	Table	3.	As bonds	are	issued	by the		District	
over time,	Fish kind	will issue supplemental assessment methodology	report(s) detailing the	
particulars	of	each	specific bond issue.	The	supplemental	report(s)	will detail the	terms,	
interest	rates,		and	costs	associated	with	a specific series	of bonds.	The supplemental	
report(s)	will also		detail	the specific bond	debt	service	assessments	for	properties that	
have been	assessed	to secure	each	bond	issuance.													

3.0

Assessment

Methodology

3.1

Assessment Foundation													
The assessment methodology	associated	with the allocation	of the costs of	the CIP is a	
four-step process.	First,	the	District	Engineer determines	the	costs for	the	District's	
infrastructure and related	improvements.	Second, an estimate	of the	amount	of	bonds	
required  to  finance	the	infrastructure	improvements is	calculated.	Third,	the	District	
Engineer outlines which	parcels benefit	from the provision	of each phase of infrastructure	
and  improvements.	Finally,	the	as-financed  costs  of	the	infrastructure	and	related	
improvements are allocated to	the	benefiting properties based	on	the approximate relative	
benefit each unit receives	as expressed	by that unit'sEquivalent	Residential	Unit ("ERU")	
Factor.															

5

3.2

In allocating special assessments	to benefiting property,	Florida governments	have used a	
variety	of	methods	including, but	not	limited	to,	front footage,	area,	trip rates,	equivalent	
residential	units,		dwelling	units,		and	acreage.	Fishkind	has  determined	that	an	
assessment	methodology	based	on	equivalent	residential	unit	("ERU")		values	is	
appropriate.	These ERU	values equate the	benefit	received by	a stated amount	of such	
particular	land	use category	to the	benefit	received	by	a	typical	single-family	residence.	
The use	of ERU	values	to	estimate	the benefit derived	from	infrastructure improvements is	
recognized as a	simple,	fair,	and reasonable	method	for	apportioning	benefit.		ERU values	
are a commonly	accepted	method	for calculating special	benefit	assessments	in	Florida.	
Here, Fishkind	has	chosen to assign an	ERU	value of 1.0 to each	single-family	lot.			
Allocation of Specific Assessments																				
The CIP	cost	estimates	are	outlined	in	Table 2	and	described	in detail in	the	Engineer's	
Report.			The	maximum	amount		of	bonds	required	to		fund	the	Phase	1,	2,	and	3	
infrastructure	costs	has	been calculated	and	is shown in	Table 3.	The bonds	principal and	
related	annual	debt service	assessments	assigned	to	Phase	1, 2,	and	3	will	then	be	
equally	divided	among the number	of lots	planned for	each phase.	The	resulting bonds	
principal	and	related annual	debt service assessments	for	Phase	1, 2, and 3	and	each	lot	
planned	for these	phases	are shown	in	Table 4.	Table	4	becomes important	as the land	
within a	phase	is	platted,	as specific	bond	debt	service	assessments will	be	assigned	to	
the individual	Development Units within	the	relevant phases at this time.							

3.3

Assignment	of Specific Assessments											
Assessments	securing	bonds issued to fund	Phase 1 properties will initially be	assigned	to	
Phase	1 properties on	an equal per-gross acre basis.	Similarly, assessments securing	
bonds	issued	to fund	Phase 2 properties	will	initially be	assigned to Phase 2 properties	on	
an equal per-gross	acre basis and the	same is true	for	the Phase	3 properties.	The	
assessments	for each phase	will then be	equally divided among the lots within	that	phase,	
as property	is initially platted.	The final assignment of bond debt	to a	specific	lot does not	
take place	until the	land containing that	lot	is platted (a	platted	single-family lot	will	be	
referred to	herein as a "Development Unit").	The specific	bond	debt	assessment	that	is	
assigned to	platted Development Units will be detailed in one or more	future supplemental	
assessment	reports,	in  accordance with	the principles and allocations set	forth	in	this	
Methodology.															

6

3.4

True-Up	Mechanism																															
In order to	ensure that the District'sbond	debt	will not build up	on	the unplatted	land	within		
each	phase,	the	District	shall periodically	apply a "true-up"	test.	Initially, District bond debt		
shall	be	allocated to	each phase as	outlined	in		Table	3.	This	bonds debt	shall,		prior	to		
platting,	be allocated	equally	to each	of the gross acres	within	each	phase.	As	property	is		
platted, "true-up"	or	density	reduction	payments	may	become due	based upon	the	amount		
of bond	debt assessments	initially	assigned	to	each	phase.		For	example,	as	outlined	in		
Table	3,	it	is	estimated	that		$7,270,000 in bonds principal	will	be	allocated	to	Phase 1	at		
the time		of	issuance.	This	$7,270,000	in	bonds	principal	is	expected to	be allocated		
equally	to	the 197	lots	planned for	Phase	1	at	the	time	Phase	1 is platted.	However,		
should	it	happen	at	the	time	of platting	that	only	196 lots have	been identified	in the plat,		
the owner	of the	Phase	1 lands	at the	time	of platting	will	be	required to make a true-up		
payment		to the	District	equal to	the	bonds	principal	assessment	assigned	to	one	single-		
family residence.	The	same	is also	true	for the	lands	within	Phases 2 and 3.									
The bonds	principal	true-up		test	shall be	applied	at	the	completion	of the platting	of 50%,		
75%,	90%,	and	100% of the	gross	acreage within each	phase.		The	specific	details for the		
true-up		test	for	each	phase	will	be	outlined	in	future	supplemental	assessment		
																			
methodology reports.	It	is	the responsibility	of		the		landowner	of record of	the	affected		
parcel	to	make	or cause to	be	made	any required		true-up	payments due.		This		true-up		
obligation	runs	with	the	land within the	District.		The District	will	not release	any	liens on		
property	for	which true-up payments	are	due	until	provision for such payment has	been		
satisfactorily made.																																
In the event that	additional land	not currently subject	to	the	assessments required	to	repay		
the debt		associated	with the CIP	is	developed in	such a manner	as to receive		special		
benefit	from	the	CIP,	it is contemplated that	this	Methodology	will	be re-applied to	include		
such	new	parcels.	The	additional	land,	as	a result	of	applying this Methodology,	will	be		
allocated	an	appropriate share	of	the	special	assessments,	with all previously-assessed		
parcels receiving	a relative adjustment in their	assessment	levels.											

4.0

Contribution	of District Infrastructure and/or	Improvements				
The  costs	of	the	District's CIP  will	likely be	funded  by	two	mechanisms.	The  first	
mechanism	is the	issuance of special	assessment bonds.	The	second	mechanism is the	
contribution	of funds	or CIP components to the	District ("Contribution").	Property owners	
within the District	will	have the opportunity to make such a Contribution	upon approval by	
the District.											

7

A

District

property

owner'sContribution

will

give

rise

to

assessment

credits

that

can

be

applied

by

the

property

owner

to

reduce

or

eliminate

bond

debt

service

assessments

that

would

otherwise

be

assigned

to

lands

within

the

District

to

fund

the

costs

of

the

CIP.

Prior

to

a

property

owner

reducing

or

eliminating

bond

debt

service

assessments

through

a

Contribution,

it

must

be

shown

that

the

improvements

funded

or

contributed

by

the

property

owner

are

a

component

of

the

CIP,

as

outlined

in

the

Engineer'sReport.

The

property

owner

will

be

permitted

to

apply

assessment

credits

equal

to

the

value

of

the

Contribution

plus

the

costs

of

financing

the

improvement(s)

that

would

otherwise

have

been

incurred

by

the

District

if

the

District

were

required

to

issue

bonds

to

fund

or

acquire

the

improvement(s)

(such

that

the

property

would

not

be

responsible

for

bond

financing

costs

if

the

Contribution

was

made

prior

to

the

District'sissuance

of

special

assessment

bonds).

A

property

owner

possessing

assessment

credits

due

to

a

Contribution

will,

in

the

District'sdiscretion,

have

the

opportunity

to

use

the

assessment

credits

to

adjust

bond

debt

service

assessment

levels

of

Development

Units.

5.0

Preliminary

Assessment

Roll

The

table

below

outlines

the maximum

bond

principal

assessment

per

acre

for

the

lands

within

the

District.

A

description

of

the

land

within

the

District,

which

will

be

assessed

to

secure

the

repayment

of

the

District's

bonds,

is

found

in

Exhibit

"A",

below.

The

assessments

shall

be

paid

in

not

more

than

thirty

(30)

annual

installments.

Preliminary

Assessment

Roll

Parcel ID

272634000000022030

272634000000022020

272635000000044010

272703713500010031

272703000000011000

272703713500010200

272703713500010294

272703713500010282

272703713500010220

272703713500010231

272702713000030172

TOTAL

Initial

Gross

Acres

21.25

19.99

40.14

6.47

40.79

10.06

1.10

2.47

9.90

18.26

20.13

190.56

Total Bond

Princigal

$2,300,522

$2,164,115

$4,345,551

$700,441

$4,415,920

$1,089,094

$119,086

$267,402

$1,071,773

$1,976,825

$2,179,271

$20,630,000

Bond

Princigal ger

Acre

$108,260

$108,260

$108,260

$108,260

$108,260

$108,260

$108,260

$108,260

$108,260

$108,260

$108,260

$108,260

Net Total

Bond Annual

Assessment

$176,168

$165,722

$332,771

$53,638

$338,160

$83,400

$9,119

$20,477

$82,074

$151,380

i166,883

$1,579,793

Net Annual

Assessment

ger Acre

$8,290

$8,290

$8,290

$8,290

$8,290

$8,290

$8,290

$8,290

$8,290

$8,290

$8,290

$8,290

Gross Total

Bond Annual

Assessment

$189,428

$178,196

$357,819

$57,675

$363,613

$89,677

$9,806

$22,018

$88,251

$162,774

$179,444

$1,698,702

Gross Annual

Assessment

ger Acre

$8,914

$8,914

$8,914

$8,914

$8,914

$8,914

$8,914

$8,914

$8,914

$8,914

$8,914

$8,914

8

9

EXHIBIT "A"

DESCRIPTION OF DISTRICT

LANDS

PARCEL l	(272634-000000·022030)	LESS THE	SOUTH 933,34 FEET OF THE EAST		
THE SE-1/4 of SE-1/4 OF SECTION 34,				
SECTION	34, TOWNSHIP 26 SOUTH,	RANGE 27	EAST, POLK COUNTY, FLORIDA.		

933.34

FEET

THEREOF,

OF

PARCEL 2 (272634-000000,022020)	FEET OF THE	SOUTHEAST		
THE SOUTH 933.34 FEET OF THE EAST 933.34				
TOWNSHIP 26 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.		

¼

OF

SOUTHEAST

¼

OF

SECTION

34,

PARCEL 3 (272635-000000·044010) THE SW-1/4 OF SW-1/4 OF SECTION

35,

ALL

IN

TOWNSHIP

26

SOUTH,

RANGE

27

EAST,

POLK

COUNTY,

FLORIDA.

PARCEL 4	(272703•713500·010031)			OF THE NE¼  OF SECTION 3, TOWNSHIP 27S, RANGE		
PARCEL ''A";FROM THE NE CORNER OF THE NW¾			
COUNTY,	FLORIDA, RUN WEST, ALONG	THE	NORTH  LINE OF SAID  SECTION  3, 595.8 FT.,  TO HIE		

27E, POLK

EASTERLY

RIGHT-OF-WAY LINE OF US HIGHWAY NO. 17 & 92; RUN THENCE s-12•45•30"-W,	ALONG	
FT.; RUN THENCE EAST, PARALLEL TO THE NORTH LINE OF SAID SECTION 3, 625.95	FT., TO	

RIGHT-OF-WAY, 125.0
A POINT ON THE EAST

LINE

OF

SAID

NW¼

AUN

THENCE

NORTH,

ALONG

SAID

EAST

LINE,

121.91

FT.,

TO

POINT

OF

BEGINNING.

SUBJECT

PLAT OF

TO ANY EXISTING Dl;DICATIONS OF IWAD RIGHT-OF-WAYS IN FLORIDA SAID SECTION 3, AND PARCH "B" FROM THE NE CORNER OF THE NW ¼

DEVELOPMENl COMPANY'S OF THE NE ¾ OF SECTION 3

TOWNSHIP 27 SOUTH,

SECTION  3,  595.8 FT.,

RANGE 27 EAST, POLK COUNTY, FLORIDA, AUN WEST, ALONG THE NORTH
TO THE EASTERLY ntGHT·OF-WAY LINE OF US HIGHWAY NO. 17 & 92;

LINE

RUN

OF SAID

THENCE

S-12"46'30''-ALONGW, SAID RIGHT OF

PARALLEL TO THE NORTH LINE OF SAID

WAY LINE,	125.0 FT., TO THE POINT OF BEGINNING; RUN THENCE EAST,	
SECTION 3,	625.95 FT., TO A POINT ON TH!: EAST LINE OF SAID NW¼  O~	

NE 1/4; RUN THENCE SOUTH, ALONG SAID EAST LINE, 390.33 FT;

THE EAST RIGHT-OF-WAY LINE OF SAID HIGHWAY; RUN THENCE

AUN THENCE N-77'13'30"-W,704,65 FT., N•12'46'30"-E,241.4 FT,, TO Tl-IE POINT

TO

OF

BEGINNING.

PARCELS (272703-000000·011000)

THE NE¼  OF NE ¼ OF SECTION 3, TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

POLI<

COUNTY,

FLORIDA.

PARCEL 6 (272703•713S00-010200)		TRACTS 20,	21 LESS N 15		
FLA DEVELOPMENT CO SUB PB 3 PGS GO TO 63				
SECTION 3, TOWNSHIP 27 SOUTH, RANGE 27	EAST, POLK COUNTY, FLORIDA.		

FT

FOR

ROAD

R/W

All I~

NE

¼

OF

PARCEL 7 {272703•713500-010294)	PAGES 60 TO 63, TRACT 29, NORTH	½		
Fl.A DEVELOPMENT CO SUB PLAT BOOK 3,				
OF SECTION 3, TOWNSHIP 27 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.			

NORTH

OF

CLAY

ROAD

IN

NE¼

PARCEL 8 {272703-713500-010282)

FLA DEVELOPMENT CO SUB PB 3 PGS 60 TO

RANGE 27 EAST, POLK COUNTY, FLORIDA.

63,

SOUTH

½

TRACT

28

IN

NEl/4

SECTION

3,

TOWNSHIP

27

SOUTH,

PARCEL 9 (272703·713500-010220)				27  LESS  SOUTH		
TRACT  22	LESS  NORTH  15 FEET	AND	TRACT			
COMPANY'SSUBDIVISION, ACCORDING	TO MAP	OR PLAT THEREOF		
TO  63,  IN	SECTION  3,  TOWNSHIP	27		SOUTH,	RANGE  27  EAST,		
FLORIDA.							

lS FEET	IN  FLORIDA	DEVELOPMENT	
RECORDED IN PLAT BOOK 3,	PAGES 60	
PUBLIC	RECORDS  OF	POLI<	COUNTY,	

PARCEL

10

(272703-713500·010231)

LOT

LOT

23,	LESS THE SOUTH 100 FEET OF THE WEST 84.74	THEREOF AND LESS TliE: NORTH	
24	LESS THE NORTH 15 FEETTI-IEREOF; THE EAST¾	OF LOT 26 AND All OF LOT 25,	

15 FEET THEREOF,
LESS THE SOUTH 15

FEET

OF

SAID

LOTS,

ALL

LYING

AND

BEING

IN

THE

NORTHEAST

QUARTER

OF

SECTION

3,

TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

POLK

COUNTY,

FLORIDA,

BEING

A

PART

OF

FLORIDA

DEVELOPMENT

COMPANY

SUBDIVISION,

AS

RECORDED IN

PLAT

BOOK

3,

PAGES

60-63,

OF

THE

PUBLIC

RECORDS

OF

POLK

COUNTY,

FLORIDA, SUBJECT TO AN EASEMENT AS SHOWN ON PLAT BOUNDARY OF me NORTHEAST QUARTER OF SECTION 3,

30 FEET IN WIDTH, 15 FEET ALONG THE EAST AND lS FEET ALONG THE WEST BOUNDARY OF

TME

NORTHWEST

QUARTER

OF

SECTION

2.

NOTE:

USE.

SUBJECT TO

AN

EASEMENT

TO

FLORIDA

POWER

CO,

FOR

POWER

UNE

AS

OF

RECORD

AND/OR

IN

10

EXHIBIT

"A"

(continued)

DESCRIPTION

OF

DISTRICT

LANDS

PARCEL

11

(272702-713000-030172)

LOTS

17,

18

AND THE

NORTH¾

OF

LOT

19,

LESS

THE

NORTM

15

FEET

OF

SAID

LOTS;

LOT

32

AND

THE

WEST

ONE HALF OF lOT 31, lESS THE SOUTH 15 FEET OF SAID QUARTER OF SECTION 2, TOWNSHIP 27 SOUTH, RANGE

LOTS, ALL LYING AND BEING IN THE NORTHWEST 27 EAST, POLK COUNTY, FLORIDA, BEING A PART

OF

THE

FLORIDA

DEVEWPMENT

COMPANY

SUBDIVISION,

AS

RECORDED

IN

PLAT

BOOK

3,

PAGES

60

TO

63,

OF

THE

PUBLIC

RECORDS

OF

POLK

COUNTY,

FLORIDA,

SUBJECTTO

AN

EASEMENT

AS

SHOWN

ON

PLAT

30 FEET IN WIDTH, 15 FEET ALONG THE EAST BOUNDARY OF THE NORTHEAST QUARTER OF SECTION AND 15 FEET ALONG THE WEST BOUNDARY OF TUE NORTMWEST QUARTER OF SECTION 2,

3,

NOTE:

USE.

SUBJECT

TO

AN

EASEMl:NT

TO

FLORIDA

POWER

CO,

FOR POWER

LINE

AS

OF

RECORD

AND/OR

IN

CONTAINING

190.56ACRES

MORE

OR

LESS.

11

APPENDIX

ASSESSMENT

TABLES

12

APPENDIX TABLE 1

NORTH POWERUNE ROAD CDD

DISTRICT LAND USE PLAN

MASTER ASSESSMENT METHODOLOGY REPORT

		Estimated Comgletion	Number of Single-	
Develogment Phase (1)	Estimated Start Date	Date	Family Lots	
Phase 1	2019	2023	197	
Phase 2	2020	2024	166	
Phase 3	2021	2025	180	
Total			543	

(7) Source: Dennis Wood Engineering LLC

Master Assessment Methodology	Fishkind and Associates, Inc.	Appendix Table 1

APPENDIX TABLE 2

NORTH POWERLINE ROAD CDD

GIP COST ESTIMATES & ALLOCATION

MASTER ASSESSMENT METHODOLOGY REPORT

CIP PHASING					
	Estimated Costs,	Estimated Costs,	Estimated Costs,		
Infrastructure Component (1)	Phase 1	Phase 2	Phase 3	Total Estimated Costs	
Offsite Improvements (2)	$220,000	$0	$0	$220,000	
Stormwater Management	$2,600,000	$2,160,000	$2,400,000	$7,160,000	
Utilities (Water,Sewer, & Street Lighting) (2)	$1,500,000	$1,020,000	$1,100,000	$3,620,000	
Roadways	$940,000	$790,000	$860,000	$2,590,000	
Entry Features & Signage (2)	$200,000	$0	$0	$200,000	
Parks and Amenities (2)	$350,000	$225,000	$225,000	$800,000	
Contingency (2)	$290,500	$210,000	$230,000	$730,500	
Total	$6,100,500	$4,405,000	$4,815,000	$15,320,500	
CIP ALLOCATION					
	Estimated Costs,	Estimated Costs,	Estimated Costs,		
Infrastructure Component (1)	Phase 1	Phase 2	Phase 3	Total Estimated Costs	
Offsite Improvements (2)	$73,333	$73,333	$73,333	$220,000	
Stormwater Management	$2,600,000	$2,160,000	$2,400,000	$7,160,000	
Utilities (Water,Sewer, & Street Lighting) (2)	$1,206,667	$1,206,667	$1,206,667	$3,620,000	
Roadways	$940,000	$790,000	$860,000	$2,590,000	
Entry Features & Signage (2)	$66,667	$66,667	$66,667	$200,000	
Parks and Amenities (2)	$266,667	$266,667	$266,667	$800,000	
Contingency (2)	$243,500	$243,500	$243,500	$730,500	
Total	$5,396,834	$4,806,833	$5,116,833	$15,320,500	

(1)	Source: Dennis Wood Engineering LLC

(2)	Source: Dennis Wood Engineering LLC - Master development costs shared by entire development

Master Assessment Methodology	Fishkind and Associates, Inc.	Appendix Table 2

APPENDIX TABLE 3

NORTH POWERLINE ROAD CDD

ESTIMATED BONDS DETAILS NIA CIP ALLOCATION)

MASTER ASSESSMENT METHODOLOGY REPORT

	Phase 1 Bonds Value	Phase 2 Bonds Value	Phase 3 Bonds	Total Bonds {all	
Bond Fund	ill	ill	Value {1)	Phases) Value {1)	
Construction/Acquisition Fund	$5,396,834	$4,806,833	$5,116,833	$15,320,501	
Debt Service Reserve	$556,718	$496,222	$526,853	$1,579,793	
Capitalized Interest	$945,100	$842,400	$894,400	$2,681,900	
Costs of Issuance (Including Underwriter'sFee)	$370,400	$329,600	$337,600	$1,037,600	
Contingency	$948	$4,945	$4,314	$10,206	
Total Bonds Principal	$7,270,000	$6,480,000	$6,880,000	$20,630,000	
Bonds Details					
Average Annual Interest Rate:	6.50%	6.50%	6.50%		
Term (Years):	30	30	30		
Capitalized Interest (Months):	24	24	24		
Net Annual Debt Service:	$556,718	$496,222	$526,853	$1,579,793	
Gross Annual Debt Service (2):	$598,622	$533,572	$566,508	$1,698,702	

(7)	The values shown are estimated and subject to change.

(2) Values include a 7.0% gross-up to account for the statutory early-payment discount and the fees and costs of collection charged by the county property appraiser and tax collector.

Master Assessment Methodology	Fishkind and Associates, Inc.	Appendix Table 3

APPENDIX TABLE 4

NORTH POWERLINE ROAD CDD

MAXIMUM BONDS ASSESSMENTS

MASTER ASSESSMENT METHODOLOGY REPORT

			Bonds Max	
		Bonds Max Principal	Principal Assmt./	
Phase	Planned Lots/ERUs	Assmt./ Category	Unit	
Phase 1	197	$7,270,000	$36,904	
Phase 2	166	$6,480,000	$39,036	
Phase 3	180	$6,880,000	$38,222	
Total, all Phases	543	$20,630,000		

				Bonds Max Gross	Bonds Max Gross	
		Bonds Max Net Annual	Bonds Max Net	Annual Assmt./ Annual Assmt./ Unit	
Phase	Planned Lots/ERUs	Assmt./ Category	Annual Assmt./ Unit	Category (1)	ill	
Phase 1	197	$556,718	$2,826	$598,622	$3,039	
Phase 2	166	$496,222	$2,989	$533,572	$3,214	
Phase 3	180	$526,853	$2,927	$566,508	$3,147	
Total, all Phases	543	$1,579,793		$1,698,702		

(1) Values include a 7.0% gross-up to account for the statutory early-payment discount and the fees and costs of collection charged by the county property appraiser and tax collector.

Master Assessment Methodology	· Fishkind and Associates, Inc.	Appendix Table 4

North

Powerline

Road

Community

Development District

Resolution 2018-33

	RESOLUTION 2018-33							
RESOLUTION  OF  THE  BOARD  OF  SUPERVISORS		
OF THE NORTH POWERLINE ROAD COMMUNITY		
DEVELOPMENT	DISTRICT	EXPRESSING	ITS		
INTENT TO UTILIZE THE UNIFORM METHOD OF		
LEVYING,  COLLECTING,  AND  ENFORCING  NON		
AD  VALOREM  ASSESSMENTS  WHICH  MAY  BE		
LEVIED   BY   THE   NORTH   POWERLINE   ROAD		
COMMUNITY	DEVELOPMENT	DISTRICT	IN		
ACCORDANCE WITH SECTION 197.3632, FLORIDA		
STATUTES;	PROVIDING	A	SEVERABILITY		
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.		
WHEREAS, the North Powerline Road Community Development	District ("District")		
	which authorizes the		
was established pursuant to the provisions of Chapter 190, Florida Statutes,			
District to  levy certain assessments  which  include  benefit and maintenance  assessments  and		
further  authorizes the District to	levy  special assessments	pursuant to	Chapter  170  and  197,		
Florida Statutes, for the acquisition, maintenance, construction,	or reconstruction of assessable		
						
improvements authorized by Chapter 190, Florida Statutes; and						
WHEREAS,  the  above  referenced  assessments  are  non-ad  valorem  in  nature  and,		
therefore,  may  be  levied  and  collected  under  the  provisions	of Section  197 .3632,  Florida		
Statutes, in which the State of Florida has provided a uniform method for the levying, collecting,		
and enforcing such non-ad valorem assessments (the "Uniform Method"); and		
WHEREAS, the Board has previously adopted Resolution 2018-12 declaring the intent		
to use the Uniform Method for the levy, collection and enforcement	of	non-ad valorem special		
assessments  authorized  by  Section  197.3632,  Florida Statutes,	over certain lands  within the		
District as described therein; and										
WHEREAS,  pursuant to	Section  197.3632,	Florida  Statutes,	the	District has  caused		
notice of a public hearing on the District's intent to use the Uniform Method to be advertised		
weekly in a newspaper of general circulation within Polk County for four (4) consecutive weeks		
prior to such hearing; and										
WHEREAS, the District has held a public hearing pursuant to	Section 197.3632, Florida		
Statutes, where public and landowners were allowed to give testimony regarding the use of the		
Uniform Method; and										
WHEREAS, the District desires to use the Uniform Method for the levy, collection and		
enforcement of non-ad valorem special assessments authorized by Section 197 .3 632, Florida		
Statutes, for special assessments, including benefit and maintenance	assessments, over all the		
					
lands in the District as further described in Exhibit A.								

Page 1 of 2

NOW, THEREFORE, BE IT RESOLVED BY

THE

BOARD

OF SUPERVISORS OF THE NORTH POWERLINE ROAD	
COMMUNITY DEVELOPMENT DISTRICT:		
SECTION 1.  The	North  Powerline  Road  Community  Development  District  upon	
conducting  its  public  hearing  as  required  by  Section  197.3632,	Florida  Statutes,  hereby	
expresses its need and intent to use the Uniform Method of collecting assessments imposed by	
the District over the lands described in Exhibit A,	as provided in Chapters 170 and 190, Florida	
Statutes,  each  of which  are  non-ad  valorem  assessments  which  may  be  collected  annually	
pursuant to the provisions	of Chapter 190, Florida Statutes, for the purpose of paying principal	
and interest on any and all	of its indebtednessfor and	the purpose of paying the cost of operating	
and maintaining its assessable improvements. The legal description of the boundaries of the real	
property subject to  a  levy	of assessments  is  attached and made  a	part  of this  Resolution as	
Exhibit A.  The non-ad valorem assessments and the District's use	of the uniform method of	
collecting its non-ad valorem assessment(s) may continue in any given year when the Board of	
Supervisors determines that use of the uniform method for that year is in the best interests of the	
District.				
SECTION 2.  The District's Secretary is authorized to provide the Property Appraiser	
and Tax Collector of Polk County and the Department of Revenue of the State of Florida with a	
copy of this Resolution and enter into any agreements with the Property Appraiser and/or Tax	
Collector necessary to carry out the provisions of this Resolution.		

SECTION 3.  If any provision of this Resolution is held to be illegal or

provisions shall remainfullin	force and effect.

SECTION 4.  This Resolution shall become effective upon its passage

in effect unless rescinded or repealed.

PASSED AND ADOPTED this 19th day of September, 2018.

invalid, the other

and shall remain

ATTEST:	NORTH POWERLINE ROAD COMMUNITY

DEVELOPMENT DISTRICT

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

Exhibit

A:

Legal

Description

of

North Powerline Road Community Development District

Page

2

of

2

LEGAL

EXHIBIT A

DESCRIPTION OF NORTH

POWERLINE ROAD

PARCEL 1 (272634-000000-022030)

THE SE-1/4 of SE-1/4 OF SECTION 34, LESS THE SOUTH 933.34 FEET OF THE EAST

OF SECTIONTOWNSHIP35,	26 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

933.34

FEET

THEREOF,

PARCEL 2 {272634-000000-022020)

THE SOUTH 933.34 FEET OF THE EAST 933.34 FEET OF THE SOUTHEAST¼

TOWNSHIP34,	26 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

OF

SOUTHEAST¼

OF

SECTION

PARCEL 3 (272635-000000-044010)

THE SW-1/4 OF SW-1/4 OF SECTION

FLORIDA.

35,

ALL

IN

TOWNSHIP

26

SOUTH, RANGE 27

EAST,

POLK COUNTY,

PARCEL

4 (272703-713500-010031)

PARCEL "A": FROM THE NE CORNER OF THE NW¼	OF THE NE¼  OF SECTION 3, TOWNSHIP 27S, RANGE	
27E, POLK COUNTY, FLORIDA, RUN WEST, ALONG THE NORTH LINE OF SAID SECTION 3, 595.8 FT., TO	
THE EASTERLY RIGHT-OF-WAY LINE	OF US	HIGHWAY NO. 17 & 92; RUN THENCE S-12°46'30"-W,ALONG	
RIGHT-OF-WAY,  125.0 FT.;	RUN	THENCE	EAST,  PARALLEL TO THE  NORTH  LINE  OF  SAID SECTION  3,	
625.95	FT.,	TO A POINT ON THE	EAST LINE	OF SAID NW¼  RUN THENCE NORTH, ALONG SAID EAST LINE,	
121.91	FT.,	TO POINT OF BEGINNING.					
SUBJECT  TO  ANY  EXISTING  DEDICATIONS  OF  ROAD  RIGHT-OF-WAYS  IN  FLORIDA  DEVELOPMENT	
COMPANY'SPLAT OF SAID SECTION 3. AND PARCEL	"B" FROM THE NE CORNER OF THE NW¼  OF THE NE	
¼  OF SECTION 3 TOWNSHIP 27 SOUTH, RANGE 27	EAST, POLK COUNTY,  FLORIDA, RUN WEST, ALONG	
THE NORTH LINE OF SAID SECTION 3,595.8 FT., TO THE	EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY	
NO. 17	& 92; RUN THENCE S-12°46'30"-W,ALONG SAID RIGHT OF WAY LINE, 125.0 FT., TO THE POINT	
OF BEGINNING; RUN THENCE EAST,	PARALLEL TO THE NORTH LINE OF SAID SECTION 3, 625.95 FT., TO A	
POINT ON THE EAST LINE	OF SAID	NW ¼	OF NE	1/4;	RUN  THENCE SOUTH, ALONG SAID EAST	LINE,	
390.33	FT;	RUN  THENCE	N-77°13'30"-W, 704.65	FT.,	TO  THE  EAST  RIGHT-OF-WAY  LINE  OF	SAID	
HIGHWAY; RUN THENCE N-12°46'30"-E,241.4 FT., TO THE POINT OF BEGINNING.		

PARCEL 5 (272703-000000-011000)

THE NE¼  OF NE¼  OF SECTION 3, TOWNSHIP 27 SOUTH,

RANGE

27

EAST,

POLK COUNTY, FLORIDA.

PARCEL 6 (272703-713500-010200)

FLA DEVELOPMENT CO SUB PB 3 PGS 60 TO 63 TRACTS 20, 21 LESS N 15 FT FOR OF SECTION 3, TOWNSHIP 27 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

ROAD

R/W

ALL IN

NE¼

PARCEL 7 (272703-713500-010294)

FLA DEVELOPMENT CO SUB PLAT BOOK 3, PAGES 60 TO

IN NE¼  OF SECTION 3, TOWNSHIP 27 SOUTH, RANGE 27

63, TRACT 29, NORTH½ NORTH EAST, POLK COUNTY, FLORIDA.

OF

CLAY

ROAD

PARCEL 8 (272703-713500-010282)

FLA DEVELOPMENT CO SUB PB 3 PGS 60 TO 63, SOUTH½ SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

TRACT 28 IN

NEl/4

SECTION 3, TOWNSHIP 27

PARCEL 9 (272703-713500-010220)

TRACT  22  LESS  NORTH  15  FEET  AND

TRACT

27

LESS

SOUTH

15

FEET

IN

FLORIDA

DEVELOPMENT

COMPANY'SSUBDIVISION,

ACCORDING

TO

MAP

OR

PLAT

THEREOF

RECORDED

IN

PLAT

BOOK

3,

PAGES

60

TO

63,

IN

SECTION

3,

TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

PUBLIC

RECORDS

OF

POLK

COUNTY,

FLORIDA.

PARCEL

10

(272703-713500-010231)

LOT

23,

LESS

THE

SOUTH

100 FEET

OF

THE

WEST

84.74

THEREOF

AND

LESS

THE  NORTH

15

FEET

THEREOF,

LOT

24

LESS

THE

NORTH

15

FEET

THEREOF;

THE

EAST¾

OF

LOT

26

AND

ALL

OF

LOT

25,

LESS

THE

SOUTH

15

FEET

OF

SAID

LOTS,

ALL

LYING

AND

BEING

IN

THE

NORTHEAST

QUARTER

OF

SECTION

3,

TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

POLK

COUNTY,

FLORIDA,

BEING

A

PART

OF

FLORIDA

DEVELOPMENT COMPANY SUBDIVISION,

AS

RECORDED

IN

PLAT

BOOK

3,

PAGES

60-63,

OF

THE

PUBLIC

RECORDS

OF

POLK COUNTY,

FLORIDA,

SUBJECT

TO AN

EASEMENT

AS

SHOWN

ON

PLAT

30

FEET

IN

WIDTH, 15 FEET ALONG THE EAST BOUNDARY OF THE NORTHEAST QUARTER OF FEET ALONG THE WEST BOUNDARY OF THE NORTHWEST QUARTER OF SECTION 2.

SECTION

3,

AND 15

NOTE:

IN USE.

SUBJECT

TO

AN

EASEMENT

TO

FLORIDA

POWER

CO.

FOR

POWER

LINE

AS

OF

RECORD

AND/OR

PARCEL

11

(272702-713000-030172)

LOTS

17,

18

AND

THE

NORTH¾

OF

LOT

19,

LESS

THE

NORTH

15

FEET

OF

SAID

LOTS;

LOT

32

AND

THE

WEST

ONE

HALF

OF

LOT

31,

LESS

THE

SOUTH

15

FEET

OF

SAID

LOTS,

ALL

LYING

AND

BEING

IN

THE

NORTHWEST

QUARTER

OF

SECTION

2,

TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

POLK

COUNTY,

FLORIDA,

BEING

A

PART

OF

THE

FLORIDA

DEVELOPMENT COMPANY SUBDIVISION,

AS

RECORDED

IN

PLAT

BOOK

3,

PAGES

60 TO

63,

OF

THE

PUBLIC

RECORDS

OF

POLK

COUNTY,

FLORIDA,

SUBJECT

TO

AN

EASEMENT

AS

SHOWN

ON

PLAT

30

FEET

IN

WIDTH,  15

FEET  ALONG

THE

EAST

BOUNDARY

OF

THE

NORTHEAST

QUARTER

OF

SECTION

3,

AND 15

FEET

ALONG

THE

WEST

BOUNDARY

OF

THE

NORTHWEST

QUARTER

OF

SECTION

2.

NOTE:

IN USE.

SUBJECT

TO

AN

EASEMENT

TO

FLORIDA

POWER

CO.

FOR

POWER

LINE

AS

OF

RECORD

AND/OR

CONTAINING

190.56

ACRES

MORE

OR

LESS.

North

Community

Powerline Road

Development District

Resolution 2018-34

RESOLUTION 2018-34

A RESOLUTION OF THE BOARD OF SUPERVISORS OF

THE	NORTH	POWERLINE	ROAD	COMMUNITY
DEVELOPMENT	DISTRICT	ADOPTING	RULES	OF

PROCEDURE;  PROVIDING  A  SEVERABILITY CLAUSE;

AND PROVIDING AN EFFECTIVE DATE.

WHEREAS,	the  North  Powerline  Road  Community	Development  District  (the		
				
"District") is a local unit of special purpose government created and existing pursuant to Chapter		
190, Florida Statutes,	being situated partially within the City of Davenport and partially within		
Polk County, Florida; and			

WHEREAS,  Chapter  190,  Florida  Statutes,  authorizes  the

govern the administration of the District and to adopt resolutions as
conduct of District business; and

District

may be

to  adopt rules

necessary for

to

the

WHEREAS, the Board of Supervisors

to adopt by resolution the Rules of Procedure
and application; and

finds that it is in the best interests attached hereto as Exhibit A for

of the District

immediate use

WHEREAS,	the	Board	of  Supervisors	has	complied	with	applicable	Florida	law

concerning rule development and adoption.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD

OF SUPERVISORS OF THE NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1.  The  attached  Rules  of Procedure  are  hereby  adopted  pursuant  to  this
resolution as necessary for the conduct of District business.	These Rules of Procedure shall stay
in full force and effect until such time as the Board of Supervisors may amend these rules in

accordance with Chapter 190, Florida Statutes.

SECTION 2.	If any provision of this resolution

provisions shall remain in full force and effect.

is

held

to

be illegal or invalid, the other

SECTION 3.  This resolution shall become effective upon its passage and shall remain in

effect unless rescindedrepealedor.

PASSED AND

ADOPTED

this

19

th

day

of

September, 2018.

ATTEST:	NORTH POWERLINE ROAD	
	COMMUNITY DEVELOPMENT DISTRICT	
Secretary	Chairman, Board of Supervisors	

Exhibit

A:

Rules

of

Procedure

Exhibit A

Rules

of

Procedure

RULES OF PROCEDURE

NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT

TABLE OF CONTENTS

1.0	General ......................................................................................................................	.		
	I.I	Board of Supervisors; Officers and Voting ..................................................	.		
					
	1.2	District Offices; Public Information and Inspection of Records; Policies;	.		
		Service Contract Requirements .....................................................................			
	1.3	Public Meetings, Hearings, and Workshops .................................................	.		
					
2.0	Rulemaking Proceedings ..........................................................................................	.		
3.0	Competitive Purchase ...............................................................................................	.		
	3.1	Procedure Under The Consultants' Competitive Negotiation Act................		
	3.2	Procedure Regarding Auditor Selection........................................................		
	3.3	Purchase of Insurance....................................................................................		
	3 .4	Pre-qualification.............................................................................................		
	3.5	Construction Contracts, Not Design-Build....................................................		
	3.6	Construction Contracts, Design-Build...........................................................		
	3.7	Payment and Performance Bonds..................................................................		
	3.8	Goods, Supplies, and Materials.....................................................................		
	3.9	Maintenance Services....................................................................................		
	3.10	Contractual Services .. ... . .......... ............. .............. ... ......... ...... .......... .......... ... ..		
	3.11	Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4,			
		3.5, 3.6, 3..8,9 and.......................................................................................		
4.0	Effective Date ...........................................................................................................	.		

2

3

7

10

15

21

26

30

34

3 6

39

43

48

49

53

56

57

60

Rule  1.0	General.

(1)	The North Powerline Road Community Development District (the "District") was

	created pursuant to the provisions of Chapter 190 of the Florida Statutes, and was		
	established to provide for the ownership, operation, maintenance,	and provision of		
				
	various capital facilities and services within its jurisdiction. The purpose of these		
	rules (the "Rules") is to describe the general operations of the District.		
(2)	Definitions located within any section of these Rules shall be applicable within all		
	other sections, unless specifically stated to the contrary.			

(3)	Unless specifically permitted by a written agreement with the District, the District does not accept documents filed by electronic mail or facsimile transmission. Filings are only accepted during normal business hours.

(4)	A Rule of the District shall be effective upon adoption by affirmative vote of the	
	District Board.  After a Rule becomes effective, it may be repealed or amended	
	only   through   the   rulemaking   procedures   specified	in	these   Rules.	
	Notwithstanding, the District may immediately suspend the application of a Rule	
	if the District determines that the Rule conflicts with Florida law.	In the event	
	that a Rule conflicts with Florida law and its application has not been suspended	
	by the District, such Ruleinshould be interpreted	the manner that best effectuates	
	the intent of the Rule while also complying with Florida law.	If the intent of the	
	Rule absolutely cannot be effectuated while complying with Florida law, the Rule	

shall be

automatically suspended.

Specific Authority:	§§190.011(5),	190.011(15), Fla. Stat.	
Law Implemented:	§§190.011(5),	190.011(15), Fla. Stat.	

Rule 1.1

(1)

the

(2)

Board	of	Supervisors; Officers and Voting.								
Board of Supervisors. The Board of Supervisors of the District (the "Board") shall		
consist	of five (5) members. Members of the Board ("Supervisors")	appointed by		
						
ordinance or rule or elected by landowners must be citizens	of the United States		
of America and residents	of the State of Florida.  Supervisors elected by resident		
electors must be citizens	of the United States of America, residents of the State of		
Florida and	of	the District, registered to vote with the Supervisor of Elections	of		
the  county	in	which	the  District  is  located,  and  qualified.   The  Board  shall		
exercise		powers granted to the District under Florida law.						
(a)	Supervisors shall hold office for the term specified by Section 190.006	of		
	the Florida Statutes. If, during the term of office, any Board member(s)		
	vacates their office, the remaining member(s)	of	the Board shall fill the		
	vacancies by  appointment for  the  remainder	of	the  term(s).  If three  or		
	more vacancies exist at the same time, a quorum, as defined herein, shall		
	not be required to appoint replacement Board members.					
(b)	Three (3) members of the Board shall constitute a quorum for the purposes		
	of	conducting  business,  exercising  powers  and  all  other  purposes.	A		
	Board member shall be counted toward the quorum if	physically present at		
	the meeting, regardless of whether such Board member is prohibited from,		
	or abstains from, participating in discussion or voting on a particular item.		
(c)	Action taken by the Board shall be upon a majority vote of	the members		
	present,  unless  otherwise  provided  in  the  Rules  or  required  by  law.		
	Subject	to	Rule	1.3(10),	a  Board  member  participating  in  the  Board		
	meeting by teleconference	or videoconference   shall be entitled to  vote		
	and take all other action as though physically present.						
( d)	Unless  otherwise provided  for  by  an  act  of	the  Board,  any  one  Board		
	member may attend a mediation session on behalf	of the  Board.	Any		
	agreement  resulting  from  such  mediation  session  must  be  approved		
	pursuant to subsection (1 )(c) of this Rule.								
Officers.	At the first  Board meeting held after each election where the  newly		
elected  members  take  office,  the  Board  shall  select	a	Chairperson,	Vice-		
Chairperson, Secretary, Assistant Secretary, and Treasurer.						
(a)	The	Chairperson must be	a member  of the  Board.	If the	Chairperson		
	resigns from that office or ceases to be a member	of the Board, the Board		
	shall select a Chairperson.	The Chairperson serves at the pleasure	of the		
	Board.   The Chairperson shall be authorized to  execute resolutions and		
	contracts  on the  District's  behalf.   The  Chairperson shall  convene  and		
	conduct all meetings of the Board.  In the event the Chairperson is unable		
	to attend a meeting, the Vice-Chairperson shall convene and conduct the		
	meeting.	The  Chairperson  or  Vice-Chairperson  may  delegate  the		
	responsibility	of	conducting  the  meeting  to  the  District's  manager		
	("District Manager") or District Counsel, in whole or in part.					

(b)

(c)

(d)

(e)

(f)

(g)

The Vice-Chairperson shall be a member of the Board and shall have such		
duties  and responsibilities as specifically designated by the Board from		
time  to  time.	The  Vice-Chairperson  has  the	authority	to	execute		
resolutions  and  contracts  on the  District's  behalf in the  absence  of the		
Chairperson.  If the Vice-Chairperson resigns from office or ceases to be a		
member  of the  Board,  the  Board  shall  select  a	Vice-Chairperson.	The		
				
Vice-Chairperson serves at the pleasure of the Board.					
The Secretary of	the Board serves at the pleasure	of the Board and need		
not be a member	of the Board.	The Secretary shall be responsible for		
maintaining the  minutes  of Board meetings  and may have  other  duties		
assigned by the Board from time to time.   An employee of the District		
Manager may serve as  Secretary.   The  Secretary shall be bonded by a		
reputable and qualified bonding company in at least the amount	of	one		
million dollars ($1,000,000), or have in place a fidelity  bond, employee		
theft  insurance  policy,  or  a  comparable  product  in  the  amount	of	one		
million  dollars  ($1,000,000)  that  names  the  District  as  an  additional		
insured.								
The Treasurer need not be a member of the Board but must be a resident		
of the State of Florida.  The Treasurer shall perform duties described in		
Section  190.007(2)  and  (3)  of	the  Florida  Statutes,  as  well  as  those		
assigned by the Board from time to time.  The Treasurer shall serve at the		
pleasure of the Board. The Treasurer shall either be bonded by a reputable		
and  qualified  bonding  company  in  at  least  the  amount  of	one	million		
dollars  ($1,000,000),  or  have  in  place  a  fidelity  bond,  employee  theft		
insurance policy, or a comparable product in the amount of one million		
dollars ($1,000,000) that names the District as an additional insured.			
In the event that both the Chairperson and Vice-Chairperson are absent		
from a Board meeting and a quorum is present, the Board may designate		
one of its members or a member of District staff to convene and conduct		
the meeting.  In such circumstances, any of the Board members present are		
authorized  to  execute  agreements,  resolutions,  and  other  documents		
approved by the Board at such meeting.  In the event that the Chairperson		
and  Vice-Chairperson  are  both  unavailable  to	execute	a  document		
previously  approved  by  the  Board,  the  Secretary  or  any  Assistant		
Secretary may execute such document.						
The Board may assign additional duties to District officers from time to		
time, which include, but are not limited to, executing documents on behalf		
of the District.								
The Chairperson, Vice-Chairperson, and any other person authorized by		
District  Resolution  may  sign  checks  and  wan-ants  for  the  District,		
countersigned by the Treasurer or other persons authorized by the Board.		

(3)	Committees.  The  Board  may  establish  committees  of the  Board,  either	on  a	
	permanent  or  temporary  basis,  to  perform  specifically  designated  functions.	
	Committees may include individuals who are not members of the Board.	Such	
	functions  may  include,  but  are  not  limited to,  review  of bids,  proposals,  and	
	qualifications, contract negotiations, personnel matters, and budget preparation.	

(4)	Record Book. The Board shall keep a permanent record book entitled "Record of Proceedings," in which shall be recorded minutes of all meetings, resolutions,
	proceedings, certificates, and corporate acts.  The Records of Proceedings shall be	
	located at a District office and shall be available for inspection by the public.	
(5)	Meetings.  For each fiscal year, the Board shall establish a schedule of regular	
	meetings, which shall be published in a newspaper of general circulation in the	
	county in which the District is located and filed with the local general-purpose	
	governments within whose boundaries the District is located.  All meetings of the	
	Board and Committees serving an advisory function shall be open to the public in	
	accord with the provisions of Chapter 286 of the Florida Statutes.	

(6)	Voting Conflict oflnterest.  The Board shall comply with Section 112.3143 of the
Florida Statutes,	so	as to ensure the proper disclosure of conflicts of interest on	
matters coming before the Board for  a vote.   For the purposes of this section,	
"voting conflict	of	interest" shall be governed by Chapters  112 and 190 of the	
Florida Statutes,	as	amended from  time  to  time.   Generally,  a voting conflict	
exists when a Board member is called upon to vote on an item which would inure	
to the Board member's special private gain or loss or the Board member knows	
would inure to the special private gain or loss of a principal by whom the Board	
member is retained, the parent organization or subsidiary of a corporate principal,	
a business associate, or a relative including only a father, mother, son, daughter,	
husband,  wife,  brother,  sister,  father-in-law,  mother-in-law,  son-in-law,  and	
daughter-in-law.			

(a)

When a Board member knows the member has a conflict of interest on a	
matter coming before the Board, the member should notify the Board's	
Secretary prior to participating in any discussion with the Board on the	
matter.  The member shall publicly announce the conflict of interest at the	
meeting.  This announcement shall appear in the minutes.		
If the Board member was elected at a landowner's election or appointed to	
fill  a vacancy of a seat last filled  at a landowner's election, the Board	
member may vote or abstain from voting on the matter at issue.	If the	
Board member was elected by electors residing within the District, the	
Board member is prohibited from voting on the matter at issue.	In the	
event  that  the  Board  member  intends  to  abstain  or  is  prohibited  from	
voting, such Board member shall not participate in the discussion on the	
item subject to the vote.		

The Board's Secretary shall prepare a Memorandum of Voting Conflict
(Fmm SB) which shall then be signed by the Board member, filed with the

(b)

(c)

(d)

Board's  Secretary,  and  provided  for  attachment	to	the  minutes  of the		
								
meeting within fifteen (15) days	of the meeting.										
If a Board member inadvertently votes on a matter and later learns he or		
she has a conflict on the matter, the member shall immediately notify the		
Board's  Secretary.	Within  fifteen  (15)  days	of the	notification,	the		
						
member shall file the appropriate Memorandum	of Voting Conflict, which		
										
will be attached to the minutes of the Board meeting during which the vote		
on  the  matter  occurred.	The	Memorandum	of	Voting	Conflict  shall		
						and	shall	be	read		
immediately	be	provided  to  other  Board  members						
			the	filing	of	the		
publicly  at	the	next  meeting	held  subsequent	to						
Memorandum of Voting Conflict.  The Board member's	vote is unaffected		
						
by this filing.																
It is not a conflict of interest for a Board member,	the District Manager, or		
							of a		
an employee	of	the District to be a stockholder, officer or employee			
landowner or of	an entity affiliated with a landowner.							
In the event that a Board member elected at	a landowner's election or		
appointed to	fill a vacancy of a seat last filled	at		a landowner's	election,		
								
has a continuing conflict	of interest, such Board member	is permitted to		
file a Memorandum of Voting Conflict	at any time in which it shall state		
		Only	one	such  continuing		
the  nature	of	the	continuing	conflict.					
										be	filed for	each		
Memorandum of Voting Conflict shall be required to					
te1m the Board member is in office.												

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.	
Law Implemented:	§§112.3143, 190.006, 190.007, Fla. Stat.	

Rule 1.2

(1)

(2)

District  Offices;  Public  Information  and  Inspection  of Records;  Policies;	
Service Contract Requirements.	
District Offices.  Unless otherwise designated by the Board, the official District	
office shall be the District Manager's office identified by the District Manager.  If	
the District Manager's office is not located within the county in which the District	
is located, the Board shall designate a local records  office within such county	
which shall at a minimum contain, but not be limited to, the following documents:	
(a)	Agenda packages for prior twenty four (24) months and next meeting;	
(b)	Official minutes of meetings, including adopted resolutions of the Board;	
(c)	Names and addresses  of current Board members  and District Manager,	
	unless such addresses are protected from disclosure by law;	

(d)	Adopted engineer's reports;

(e)	Adopted assessment methodologies/reports;

(f)	Adopted disclosure of public financing;

(g)	Limited Offering Memorandum for each financing undertaken by the District;

(h)	Proceedings, certificates, bonds given by all employees, and any and all corporate acts;

(i)	District policies and rules;

G)	Fiscal year end audits; and

(k)	Adopted budget for the current fiscal year.

The District Manager shall ensure that each District records office contains the

documents required by Florida law.

Public Records.	District public  records  include all  documents, papers,  letters,
maps,	books,	tapes,	photographs,	films,	sound	recordings,	data	processing

software,  or other material, regardless of the physical form,  characteristics,  or
means of transmission, made or received in connection with the transaction of
official	business	of the	District.	All	District	public	records	not	otherwise

restricted by law may  be  copied or inspected at the  District Manager's  office
during regular business hours.	Certain District records can also be inspected and
copied at the District's local records office during regular business hours.	All
written public records requests shall be directed to the Secretary who by these
rules is appointed as the District's records custodian.	Regardless of the form of
the request, any Board member or staff member who receives a public records
request shall immediately forward or communicate such request to the Secretary

for coordination of a prompt response. The Secretary, after consulting with District Counsel as to the applicability of any exceptions under the public records laws, shall be responsible for responding to the public records request. At no time can the District be required to create records or summaries of records, or prepare

regardingopinions	District policies, in response to a public records request.

(3)	Service Contracts. Any contract for services, regardless of cost, shall include provisions required by law that require the contractor to comply with public records laws. The District Manager shall be responsible for initially enforcing all contract provisions related to a contractor's duty to comply with public records laws.

(4)	Fees; Copies. Copies of public records shall be made available to the requesting person at a charge of $0.15 per page for one-sided copies and $0.20 per page for two-sided copies if not more than 8 ½ by 14 inches. For copies of public records in excess of the sizes listed in this section and for outside duplication services, the charge shall be equal to the actual cost of reproduction. Certified copies of public records shall be made available at a charge of one dollar ($1.00) per page. If the nature or volume of records requested requires extensive use of information

technology resources or extensive clerical or supervisory assistance, the District may charge, in addition to the duplication charge, a special service charge that is

based on the cost the District incurs to producerequestedtherecords. This charge may include, but is not limited to, the cost of information technology resource, employee labor, and fees charged to the District by consultants employed in fulfilling the request. In cases where the special service charge is based in whole or in paii on the costs incmred by the District due to employee labor, consultant fees, or other forms oflabor, those portions of the charge shall be calculated based on the lowest labor cost of an individual who is qualified to perform the labor. For purposes of this Rule, the word "extensive" shall mean that it will take more than fifteen (15) minutes to locate, review for confidential information, copy and re-file the requested material. In cases where extensive personnel time is determined by the District to be necessary to safeguard original records being

inspected, the special service charge provided forshallinthe section apply. If the total fees, including but not limited to special service charges, are anticipated to exceed twenty-five dollars ($25.00), then, prior to commencing work on the request, the District will inform the person making the public records request of the estimated cost, with the understanding that the final cost may vary from that estimate. If the person making the public records request decides to proceed with the request, payment of the estimated cost is required in advance. After the request has been fulfilled, additional payments or credits may be due.

(5)	Records Retention. The Secretary of the District shall be responsible for retaining the District's records in accordance with applicable Florida law.

(6)	Policies. The Board may adopt policies related to the conduct of its business and the provision of services either by resolution or motion.

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§§119.0701, 190.006, 119.07, Fla. Stat.

Rule 1.3	Public Meetings, Hearings, and Workshops.	

(1)	Notice. Except in emergencies, or as otherwise required by statute or these Rules, at least seven (7) days, but no more than thirty (30) days public notice shall be

given of any public meeting,  hearing  or workshop  of the Board.  Public  notice	
shall be given by publication in a newspaper of general circulation in the District	
and in the county in which the District is located.  "General circulation" means a	
publication that is printed and published at least once a week for the preceding	
year,  offering  at  least  twenty  five  percent  (25%)  of its  words  in  the  English	
language, qualifies as a periodicals material for postal purposes	in the county in	
which the District is located, is for sale to the public generally, is available to the	
public generally for the publication of official or other notices, and is customarily	
containing  information  of a  public  character  or  of interest  or	of	value	to  the	
residents or owners of property in the county where published, or	of	interest or of	
value to the general public.  The annual meeting notice required to be published	
by Section 189.015 of the Florida Statutes, shall be published in a newspaper not	
of limited subject matter, which is published at least five days a week, unless the	
only  newspaper  in the  county  is  published less  than  five  days	a week.	Each	

Notice

shall

state,

as applicable:

(a)

(b)

( c)

( d)

( e)

(f)

The date, time and place of the meeting, hearing or workshop;			
A brief description of the nature, subjects, and purposes of	the meeting,	
hearing, or workshop;			
The District office address for the submission of requests for copies of the	
agenda,  as  well  as  a  contact  name  and  telephone  number  for  verbal	
requests for copies of the agenda; and			
The following language:  "Pursuant to provisions of the Americans with	
Disabilities   Act,   any  person  requiring   special   accommodations	to	
participate in this meeting/hearing/workshop is asked to advise the District	
Office at least forty-eight (48) hours before the meeting/hearing/workshop	
by contacting the District Manager at (407) 382-3256. If you are hearing	
or speech impaired, please contact the Florida Relay Service by dialing 7-	
1-1, or 1-800-955-8771 (TTY)/ 1-800-955-8770 (Voice), who can aid you	
in contacting the District Office."			
The following language:  "A person who decides to  appeal  any decision	
made	at  the  meeting/hearing/workshop  with  respect  to	any  matter	
considered at the  meeting/hearing/workshop  is  advised that person  will	
need a	record of the proceedings  and that accordingly,  the person may	
need to ensure that a verbatim record of the proceedings is made including	
the testimony and evidence upon which the appeal is to be based."		
The following language:  "The meeting [or hearing or workshop] may be	
continued  in  progress  without  additional  notice  to  a  time,  date,  and	
location stated on the record."			

(2)	Mistake. In the event that a meeting is held under notice required by law and these Rules has been properly noticed meeting shall cure such defect by from the prior meeting individually and anew.

the incorrect assumption that

given,  the  Board at  its next

considering the agenda items

(3)	Agenda.  The District Manager, under the guidance of District Counsel and the	
	Chairperson or Vice-Chairperson,  shall prepare	a notice  and an agenda  of the	
	meeting/hearing/workshop.  The notice and agenda shall be available to the public	
	at least seventy-two (72) hours before the meeting/hearing/workshop except in an	
	emergency.   For good cause, the agenda may be changed after it is first made	
	available  for  distribution.   The  requirement  of	good  cause  shall  be  liberally	
	construed to allow the District to efficiently conduct business and to avoid the	
	expenses associated with special meetings.		
	The District may, but is not required to, use the following format in preparing its	
	agenda for its regular meetings:		
	Call to order				
	Roll call				
	Public comment			
	Organizational matters		
	Review of minutes		
	Specific items	of	old business		
	Specific items	of	new business		
	Staff reports				

(a)	District Counsel

(b)	District Engineer

(c)	District Manager

1.	Financial Report

2.	Approval of Expenditures

Supervisor's requests and comments

Public comment

Adjournment

( 4)	Minutes. The Secretary shall be responsible for preparing and keeping the minutes	
	of each meeting of the Board.  Minutes shall be corrected and approved by the	
	Board  at  a  subsequent  meeting.   The  Secretary  may  work  with  other  staff	
	members in preparing draft minutes for the Board's consideration.	
(5)	Special Requests.	Persons wishing to  receive,  by mail,  notices  or agendas  of	
	meetings, may so advise the District Manager or Secretary at the District Office.	
	Such persons shall furnish a mailing address in writing and shall be required to	
	pre-pay the cost of	the copying and postage.	
(6)	Emergency Meetings. The Chairperson, or Vice-Chairperson if the Chairperson is	
	unavailable,  may  convene  an  emergency  meeting  of the  Board  without  first	
	having  complied with  sections  (1)  and  (3)  of this  Rule,  to  act  on  emergency	
	matters that may affect the public health, safety, or welfare.  Whenever possible,	
	the District Manager shall make reasonable efforts to provide public notice and	

	notify  all  Board members  of an emergency meeting twenty-four  (24)  hours  in		
	advance.  Reasonable efforts may include telephone notification.	Notice of the		
				
	emergency meeting must be provided both before and after the meeting on the		
	District's website, if it has one.  Whenever an emergency meeting is called, the		
	District Manager  shall  be  responsible  for  notifying  at  least  one  newspaper  of		
	general circulation in the District. After an emergency meeting, the Board shall		
	publish in a newspaper of general circulation in the District, the time, date and		
	place  of the  emergency  meeting,  the  reasons  why  an  emergency meeting  was		
	necessary and a description of the action taken.  Actions taken at an emergency		
	meeting may be ratified by the Board at a regularly noticed meeting subsequently		
	held.									
(7)	Public Comment. The Board shall set aside a reasonable amount of time at each		
	meeting for  public  comment and members  of the  public  shall  be  permitted to		
	provide  comment  on  any  proposition  before  the  Board.   The  portion  of the		
	meeting generally reserved for public comment shall be identified in the agenda.		
	Policies governing public comment may be adopted by the Board in accordance		
	with Florida law.									
(8)	Budget Hearing. Notice of hearing on the annual budget(s) shall be in accord with		
	Section 190.008  of the Florida Statutes.   Once adopted in accord with Section		
	190.008 of the Florida Statutes, the annual budget(s) may be amended from time		
	to time by action of the Board.  Approval of invoices by the Board in excess of		
	the funds  allocated to  a particular budgeted line  item shall serve to  amend the		
	budgeted line item.									
(9)	Public Hearings.  Notice of required public hearings shall contain the information		
	required  by  applicable  Florida  law  and  by  these  Rules  applicable  to  meeting		
	notices and shall be mailed and published as required by Florida law.  The District		
	Manager shall ensure that all such notices, whether mailed or published, contain		
	the  information required  by  Florida  law  and  these  Rules  and  are  mailed  and		
	published as required by Florida law.  Public hearings may be held during Board		
	meetings when the agenda includes such public hearing.						
(10)	Participation by TeleconferenceNideoconference	.	District	staff may participate		
							Board members may		
	in Board meetings by teleconference or videoconference.			
	also participate in Board meetings by teleconference	or videoconference if in the		
				exist; provided however,		
	good judgment of the Board extraordinary circumstances			
						
	at least three Board members must be physically present at the meeting location to		
	establish a quorum.  Such extraordinary circumstances	shall	be presumed when a		
							
	Board  member  participates  by  teleconference  or  videoconference,  unless  a		
	majority of the Board members physically present determines that extraordinary		
	circumstances do not exist.									
(11)Board Authorization.  The District has not adopted Robert's Rules	of Order.  For		
	each agenda item, there shall be discussion pe1mitted among the Board members		
	during the meeting.  Approval or disapproval of	resolutions and other proposed		
	Board actions shall be in the form of a motion by one Board member, a second by		
	another Board member,  and  an  affirmative  vote	by  the  majority	of the  Board		

(12)

members present.  Any Board member, including the Chairperson, can make or	
second a motion.		
Continuances.  Any meeting  or public hearing	of the Board may be continued	
without re-notice or re-advertising provided that:		

(a)	The Board identifies on the record at the original meeting a reasonable need for a continuance;

(b)	The	continuance	is	to	a	specified	date,	time,	and	location	publicly

announced at the original meeting; and

(c)	The public notice for the original meeting states that the meeting may be
continued to a date and time and states that the date, time, and location of

any continuance shall be publicly announced at the original meeting and

posted at the District Office immediately following the original meeting.

(13)	Attorney-Client  Sessions.   An  Attorney-Client  Session  is  permitted  when  the

District's attorneys deem it necessary to meet in private with the Board to discuss	
pending litigation to which the District is a party before a court or administrative	
agency or as may be authorized by law.   The District's attorneys must request	
such session at a public meeting.  Prior to holding the Attorney-Client Session,	
the District must give reasonable public notice of the time and date of the session	
and the names of the persons anticipated to attend the session.  The session must	
commence  at  an open meeting  in which the  Chairperson or Vice-Chairperson	
announces the commencement of the session, the estimated length of the session,	
and the names of the persons who will be attending the session.  The discussion	
during the  session is	confined to  settlement negotiations  or strategy related to	
litigation expenses or	as may be authorized by law.  Only the Board, the District's	
attorneys (including outside counsel), the District Manager, and the court reporter	
may  attend  an Attorney-Client Session.   During the  session,  no  votes may be	
taken  and  no  final  decisions  concerning  settlement  can  be  made.   Upon  the	
conclusion of the session, the public meeting is reopened and the Chairperson or	
Vice-Chairperson must announce that the  session has  concluded.   The session	
must be transcribed by a court-reporter and the transcript of the session filed with	
the District Secretary within a reasonable time after the session.  The transcript	
shall  not  be  available  for  public  inspection  until  after  the  conclusion  of the	
litigation.		
Specific Authority:  §§190.011(5), 190.011(15), Fla. Stat.	
Law Implemented:  §§190.006, 190.007, 190.008, 286.0105, 286.011, 286.0114, Fla. Stat.	

Rule 2.0

(1)

(2)

(3)

Rulemaking Proceedings.				
Commencement of	Proceedings.  Proceedings held for adoption, amendment, or	
repeal of a District rule shall be conducted according to these Rules.  Rulemaking	
proceedings shall be deemed to have been initiated upon publication of notice by	
the  District.	A  "rule"  is  a  District  statement  of  general  applicability  that	
implements, interprets, or prescribes law or policy, or describes the procedure or	
practice requirements of the District ("Rule").  Nothing herein shall be construed	
as requiring the District to consider or adopt rules unless required by Chapter 190	
of	the Florida Statutes.	Policies adopted by the District which do not consist of	
rates, fees, rentals or other monetary charges may be, but are not required to be,	
implemented through rulemaking proceedings.				
Notice of Rule Development.				
(a)	Except when the intended action is the repeal of a Rule, the District shall	
	provide notice of	the development of a proposed rule by publication of a	
	Notice	of Rule Development in a newspaper of general circulation in the	
	District before providing notice of a proposed rule as required by section	
	(3) of	this Rule.  Consequently, the Notice of Rule Development shall be	
	published at least twenty-nine (29) days prior to the public hearing on the	
	proposed Rule.  The Notice of Rule Development shall indicate the subject	
	area	to	be  addressed  by  rule  development,  provide	a	short,	plain	
	explanation of the purpose and effect of the proposed rule, cite the specific	
	legal  authority for  the  proposed rule,  and include  a  statement of how a	
	person may promptly obtain, without cost, a copy of any preliminary draft,	
	if available.							
(b)	All	rules	as	drafted  shall  be  consistent  with  Sections  120.54(1 )(g)  and	
	120.54(2)(b)	of the Florida Statutes.				
Notice of Proceedings and Proposed Rules.				
(a)	Prior to  the  adoption,  amendment,  or repeal  of any  rule  other than  an	
	emergency rule, the District shall give notice of its intended action, setting	
	forth a short, plain explanation of the purpose and effect	of	the proposed	
	action, a reference to the specific rulemaking authority pursuant to which	
	the rule is  adopted,  and  a reference to  the section or subsection	of the	
	Florida Statutes being implemented,  interpreted,  or made specific.   The	
	notice shall include a summary of the District's statement	of the estimated	
	regulatory costs,	if	one has been prepared, based on the factors set forth in	
	Section 120.541(2)	of the Florida Statutes, and a statement that any person	
	who wishes to provide the District with a lower cost regulatory alternative	
	as provided by Section 120.541(1), must do so in writing within twenty-	
	one (21) days after publication of the notice.  The notice shall additionally	
	include a statement that any affected person may request a public hearing	
	by submitting a written request within twenty-one (21) days after the date	
	of publication of	the notice.  Except when intended action is the repeal of	
	a rule, the notice shall include a reference to both the date on which and	

(4)

( 5)

(6)

the place where the Notice of Rule Development required by section (2) of

this Rule appeared.

(b)	The notice shall be published in a newspaper of general circulation in the
	District and  each  county  in which the  District  is  located not  less  than	
	twenty-eight (28)  days prior to	the  intended action.  The proposed rule	
	shall be available for inspection and copying by the public at the time of	
	the publication of notice.				
(c)	The notice shall be mailed to	all persons named in the proposed rule and to	
	all persons who,  at least fourteen (14) days prior to such mailing, have	
	made  requests  of  the  District  for  advance  notice  of  its  rulemaking	
	proceedings.   Any person may  file  a written request  with the  District	
	Manager  to  receive  notice  by  mail  of District  proceedings	to  adopt,	
	amend, or repeal a rule.  Such persons must furnish a mailing address and	
	may be required to pay the cost	of copying and mailing.  Notice will then	
	be mailed to all persons whom, at least fourteen (14) days prior to such	
	mailing,  have  made  requests  of the  District  for  advance  notice  of its	
	proceedings.				
Rule Development Workshops.  Whenever requested in writing by any affected	
person, the District must either conduct a rule  development workshop prior to	
proposing rules for adoption or the Chairperson must explain in writing why a	
workshop is unnecessary.  The District may initiate a rule development workshop	
but is not required to do so.				
Petitions to Initiate Rulemaking.  All Petitions to Initiate Rulemaking proceedings	
must  contain  the  name,  address,  and  telephone  number  of the  petitioner,  the	
specific action requested, the specific reason for adoption, amendment, or repeal,	
the date submitted, the text of the proposed rule, and the facts showing that the	
petitioner is regulated by the District, or has substantial interest in the rulemaking.	
Not later than sixty (60) calendar days following the date of filing a petition, the	
Board shall initiate rnlemaking proceedings or deny the petition with a written	
statement of its reasons for the denial.	If the petition is directed to an existing	
policy that the District has not formally adopted as a rule, the District may, in its	
discretion,  notice  and  hold  a  public  hearing  on  the  petition  to  consider  the	
comments of the public directed to	the policy, its scope and application, and to	
consider whether the public interest	is served adequately by the application of the	
policy on a case-by-case basis, as contrasted with its formal adoption	as a rule.	
However, this section shall not be constrned as requiring the District	to adopt a	
rule to replace a policy.				
Rulemaking Materials.  After the publication of the notice referenced in section	
(3)	of this Rule, the Board shall make available for public inspection and shall	
provide, upon request and payment of the cost of copies, the following materials:	
(a)	The text of the proposed rule, or any amendment or repeal of any existing	
	rnles;				

(b)

( c)

A detailed written statement of the facts and circumstances	justifying the		
			
proposed rule;			
A  copy  of the  statement  of estimated  regulatory  costs	if required  by		
Section 120.541 of the Florida Statutes; and			

	( d)	The published notice.			
(7)	Hearing.   The District may,  or, upon the written request of any affected person		
	received within twenty-one  (21) days  after the  date  of publication of the notice		
	described  in  section  (3)  of this  Rule,  shall,  provide  a  public  hearing  for  the		
	presentation  of evidence,  argument,  and  oral  statements,  within  the  reasonable		
	conditions and limitations imposed by the District to avoid duplication, irrelevant		
	comments, unnecessary delay, or disruption of the proceedings.	The District shall		
				
	publish notice of the public hearing in a newspaper of general circulation within		
	the District either in the text of the notice described in section (3)	of this Rule or in		
	a separate publication at least seven (7) days before the scheduled public hearing.		
	The notice shall specify the date, time, and location of the public hearing, and the		
	name,  address,  and  telephone  number  of the  District  contact  person  who  can		
	provide information about the public hearing. Written statements may be submitted		
	by  any person prior to  or at the  public  hearing.   All  timely  submitted written		
	statements  shall be considered by the District and made part of the rulemaking		
	record.				

(8)	Emergency Rule Adoption.  The Board may adopt an emergency rule if it finds		
	that  immediate  danger  to  the  public  health,  safety,  or	welfare  exists  which		
	requires immediate action. Prior to the adoption of an emergency rule, the District		
	Manager  shall  make  reasonable  efforts  to  notify  a  newspaper  of  general		
	circulation in the District. Notice of emergency rules shall be published as soon as		
	possible in a newspaper of general circulation in the District.  The District may		
	use  any procedure which is fair under the  circumstances	in the  adoption of an		
				
	emergency rule  as  long  as  it protects the  public  interest as  determined by the		
	District and otherwise complies with these provisions.			

(9)	Negotiated  Rulemaking.The  District  may  use  negotiated  rulemaking  in
developing  and  adopting rules pursuant to  Section  120.54(2)(d)	of the  Florida		
		of the		
Statutes,  except  that  any  notices  required  under  Section  120.54(2)(d)			
			
Florida Statutes, may be published in a newspaper	of general circulation in the		
county in which the District is located.					

(10)	Rulemaking Record.   In all rulemaking proceedings, the District shall compile
and maintain a rulemaking record.	The record shall include, if applicable:

(a)

The

texts

of

the proposed rule and the adopted rule;

(b)	All notices given for a proposed rule;

( c)

Any

statement

of

estimated regulatory costs for the rule;

(11)

(d)	A written summary of hearings, if any, on the proposed rule;

(e)	All  written  comments  received  by  the  District  and  responses  to  those

written comments; and

(f)	All notices and findings pertaining to an emergency rule.

Petitions to Challenge Existing Rules.

(a)	Any person substantially affected by a rule may seek an administrative

determination of the invalidity of the rule on the ground that the rule is an invalid exercise of the District's authority.

(b)	The  petition  seeking  an  administrative  determination  must  state  with
particularity	the	provisions	alleged	to	be	invalid	with	sufficient

explanation of the  facts  or grounds  for  the  alleged invalidity and  facts
sufficient  to	show  that  the	person  challenging  a  rule	is	substantially

affected by it.

(c)	The petition shall be filed  with the District.  Within ten (10)  days  after
	receiving the petition, the Chairperson shall, if the petition complies with	
	the requirements of subsection (b) of	this section, designate any member	
	of  the  Board  (including  the  Chairperson),  District  Manager,  District	
	Counsel, or other person as a hearing officer who shall conduct a hearing	
	within	30	days	thereafter,	unless	the  petition	is	withdrawn	or	a	
	continuance	is	granted by agreement of the pmiies.	The failure	of the	
	District to follow the applicable rulemaking procedures or requirements in	
	this  Rule  shall  be  presumed to  be  material;  however,  the  District may	
	rebut  this presumption by  showing that the  substantial  interests	of the	
	petitioner and the fairness of the proceedings have not been impaired.		
(d)	Within	30	days  after  the  hearing,  the  hearing  officer  shall  render	a	
	decision and state the reasons therefor in writing.					
(e)	Hearings held under this section shall	be de novo in nature. The petitioner	
	has  a burden	of	proving  by	a preponderance  of	the  evidence  that  the	
	existing rule is	an invalid exercise of District authority	as to the objections	
	raised. The hearing officer may:						
	(i)	Administer oaths and affirmations;					

(ii)	Rule upon offers of proof and receive relevant evidence;

(iii)	Regulate the course of the hearing, including any pre-hearing matters;

(iv)	Enter orders; and

(v)	Makereceiveor	offers of settlement, stipulation, and adjustment.

(f)

The petitioner and the District shall be adverse parties. Other substantially

affected persons may join the proceedings as intervenors on appropriate
terms which shall not unduly delay the proceedings.

(12)	Variances and Waivers.  A "variance" means a decision by the District to grant a
modification to all or part of the literal requirements	of a rule to a person who is		
				
subject to themeansrule. A "waiver"	a decision by the District not to apply all or		
part of a rule to a person who is subject to the rule.  Variances and waivers from		
District rules may be granted subject to the following:				
(a)	Variances and waivers shall be granted when the person subject to the rule		
	demonstrates that the purpose of the underlying statute will be or has been		
	achieved by other means by the person, and when application	of the rule		
	would create a substantial hardship or would violate principles	of fairness.		
	For purposes of this section, "substantial hardship" means a demonstrated		
	economic, technological,  legal,  or other type  of hardship to  the person		
	requesting the variance or waiver. For purposes of this section, "principles		
	of fairness"  are violated when the  literal application of a rule  affects a		
	particular person in a manner significantly different from the way it affects		
	other similarly situated persons who are subject to the rule.			

(b)	A person who is subject to regulation by a

with the District, requesting a variance or
Each petition shall specify:

District Rule may file a petition

waiver from the District's Rule.

(i)

(ii)

(iii)

(iv)

The rule from which a variancewaiveror	is requested;	
The type of action requested;		
The specific facts that would justify a waiver or variance for the	
petitioner; and		
The reason why the variance or the waiver requested would serve	
the purposes of the underlying statute.		

(c)	The  District  shall  review  the  petition  and  may  request  only  that		
	information needed  to  clarify  the  petition  or to  answer  new  questions		
	raised by or directly related to the petitionasserts.If the petitioner	that any		
					
	request for additional info1mation is not authorized by law or by Rule of		
	the District, the District shall proceed, at the petitioner's written request, to		
	process the petition.				
(d)	The Board shall grant or deny a petition for variance or waiver, and shall		
	announce such disposition at a publicly held meeting of the Board, within		
	sixty ( 60) days after receipt of the original petition, the last item	of	timely		
	requested additional material, or the petitioner's written request	to	finish		
	processing the petition. The District's statement granting or denying the		
	petition  shall  contain  a  statement  of  the  relevant  facts  and  reasons		
	supporting the District's action.				

(13)	Rates, Fees, Rentals and Other Charges. All rates, fees, rentals, or other charges shall be subject to rulemaking proceedings. Policies adopted by the District which do not consist of rates, fees, rentals or other charges may be, but are not required to be, implemented through rulemaking proceedings.

Specific Authority:	§§190.011(5), 190.011(15), 190.035, Fla. Stat.

Law Implemented:	§§190.011(5), 190.035(2), Fla. Stat.

Rule 3.0

(1)

(2)

(3)

Competitive Purchase.	
Purpose and Scope.	In order to comply with Sections  190.033(1) through (3),	
287.055 and 287.017	of the Florida Statutes, the following provisions shall apply	
to  the  purchase  of	Professional  Services,  insurance,  construction  contracts,	
design-build services, goods,  supplies, and materials,  Contractual Services, and	
maintenance services.		
Board Authorization.  Except in cases of an Emergency Purchase, a competitive	
purchase governed by these Rules shall only be undertaken after authorization by	
the Board.		
Definitions.		

(a)	"Competitive  Solicitation"  means  a  formal,  advertised  procurement

process,	other	than	an	Invitation	to	Bid,	Request	for	Proposals,	or

Invitation to Negotiate, approved by the Board to purchase commodities

and/or services which affords vendors fair treatment in the competition for
award of a District purchase contract.

(b)	"Continuing Contract" means a contract for Professional Services entered
	into in accordance with Section 287.055 of the Florida Statutes, between	
	the District and a firm, whereby the firm provides Professional Services to	
	the  District for  projects  in which the  costs  do  not  exceed  one  million	
	dollars	($1,000,000),	for	a	study  activity  when  the  fee  for  such	
	Professional Services to the District does not exceed fifty thousand dollars	
	($50,000), or for work of	a specified nature as outlined in the contract with	
	the District, with no time limitation except that the contract must provide a	
	termination clause (for example, a contract for general District engineering	
	services).	Firms  providing  Professional  Services  under  Continuing	
	Contracts shall not be required to bid against one another.		
(c)	"Contractual Service" means the rendering by a contractor	of its time and	
	effmi rather than the furnishing of specific commodities.  The term applies	
	only  to  those  services  rendered  by  individuals  and  firms  who  are	
	independent  contractors.   Contractual  Services  do	not  include  auditing	
	services,  Maintenance  Services,  or  Professional  Services	as  defined  in	
	Section	287.055(2)(a)		of		the   Florida   Statutes,	and	these   Rules.	
	Contractual Services also	do not include any contract for the furnishing of	
	labor or materials for the construction, renovation, repair, modification, or	
	demolition	of any  facility,  building,  portion  of building,  utility,  park,	
	parking lot, or structure or other improvement to real prope1iy entered into	
	pursuant to	Chapter 255	of the Florida Statutes, and Rules 3.5 or 3.6.	

(d)	"Design-Build  Contract"  means  a  single  contract  with  a  Design-Build

Firm for the design and construction of a public construction project.

(e)	"Design-Build Firm" means a pminership, corporation or other legal entity

that:

(i)	Is certified under Section 489.119 of the Florida Statutes, to engage in contracting through a certified or registered general contractor or a ce1iified or registered building contractor as the qualifying agent; or

(ii)	Is certified under Section 471.023 of the Florida Statutes, to practice or to offer to practice engineering; certified under Section 481.219 of the Florida Statutes, to practice or to offer to practice architecture; or certified under Section 481.319 of the Florida Statutes, to practice or to offer to practice landscape architecture.

(f)	"Design Criteria Package" means concise, performance-oriented drawings or specifications for a public construction project. The purpose of the Design Criteria Package is to furnish sufficient information to permit

Design-Build Firms to prepare atobid or a response the District's Request for Proposals, or to permit the District to enter into a negotiated Design-Build Contract. The Design Criteria Package must specify performance-based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. Design Criteria Packages shall require firms to submit information regarding the qualifications, availability, and past work of the firms, including the partners and members thereof.

(g)	"Design Criteria Professional" means a firm who holds a current certificate of registration under Chapter 481 of the Florida Statutes, to practice architecture or landscape architecture, or a film who holds a current certificate as a registered engineer under Chapter 4 71 of the Florida Statutes, to practice engineering, and who is employed by or under contract to the District to provide professional architect services, landscape architect services, or engineering services in connection with the preparation of the Design Criteria Package.

(h)	"Emergency Purchase" means a purchase necessitated by a sudden unexpected turn of events (for example, acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of the Board in the normal conduct of its business), where the Board finds that the delay incident to competitive purchase would be detrimental to the interests of the District. This includes, but is not limited to, instances where the time to competitively award the project will jeopardize the funding for the project, will materially increase the cost of the project, or will create an undue hardship on the public health, safety, or welfare.

(i)	"Invitation to Bid" is a written solicitation for sealed bids with the title, date, and hour of the public bid opening designated specifically and

(j)

for

(k)

(1)

(m)

(n)

( o)

(p)

defining  the  commodity  or  service  involved.	It	includes	printed	
instructions  prescribing  conditions  for  bidding,  qualification,  evaluation	
criteria,   and   provides   for	a	manual	signature	of	an   authorized	
representative.	It may include one or more bid alternates.				
"Invitation  to	Negotiate"  means	a  written  solicitation  for  competitive	
sealed  replies  to  select one  or  more  vendors  with which to  commence	
negotiations	the procurement of commoditiesservicesor.				
"Negotiate" means to  conduct legitimate,	arm's  length  discussions  and	
conferences to reach an agreement on a term or price.					
"Professional  Services"  means  those  services  within  the  scope	of the	
practice of architecture, professional engineering, landscape architecture,	
or registered surveying and mapping, as defined by the laws of Florida, or	
those   services   performed   by  any   architect,   professional   engineer,	
landscape architect, or registered surveyor and mapper, in connection with	
the firm's or individual's professional employment or practice.		
"Proposal  ( or  Reply  or  Response)  Most  Advantageous  to  the  District"	
means,  as  determined  in the  sole discretion  of the Board, the proposal,	
reply, or response that is:								

(i)	Submitted by a person or firm capable and qualified in all respects to perf01m fully the contract requirements, who has the integrity and reliability to assure good faith performance;

(ii)	The  most responsive  to  the  Request  for  Proposals,  Invitation to

	Negotiate, or Competitiveas Solicitation	determined by the Board;		
	and					
(iii)	For a cost to the District deemed	by the Board to be reasonable.		
"Purchase"  means  acquisition  by  sale,  rent,  lease,  lease/purchase,  or		
installment sale. It does not include transfer,	sale, or exchange of goods,		
supplies, or materials between the District and any federal, state, regional		
or  local  governmental  entity  or  political  subdivision	of the  State  of		
			
Florida.					
"Request  for  Proposals"  or  "RFP"  is	a  written  solicitation  for  sealed		
proposals with the title, date, and hour	of the public opening designated		
and requiring the manual signature of an authorized representative.  It may		
provide general information, applicable laws and rules, statement of work,		
functional  or general specifications, qualifications, proposal instructions,		
work detail analysis, and evaluation criteria as necessary.			
"Responsive and Responsible Bidder" means an entity or individual that		
has submitted a bid that conf01ms in all material respects to the Invitation		
to Bid and has the capability in all respects to fully perform the contract		

requirements and the integrity and reliability that will assure good faith	
performance.  "Responsive and Responsible Vendor" means an entity or	
individual that has submitted a proposal, reply, or response that conforms	
in  all  material  respects  to  the  Request  for  Proposals,  Invitation  to	
Negotiate, or Competitiveand Solicitation	has the capability in all respects	
to fully perform the contract requirements and the integrity and reliability	
that will assure good faith performance.  In determining whether an entity	
or individual is  a Responsive  and Responsible Bidder (or Vendor),  the	
District may consider, in addition to factors described in the Invitation to	
Bid,  Request  for  Proposals,  Invitation  to  Negotiate,  or  Competitive	
Solicitation, the following:		

(i)

(ii)

(iii)

(iv)

The ability and adequacy of the professional personnel employed

by the entity/individual;

The past performance of the entity/individual for the District and in

other professional employment;

The willingness of the entity/individual to meet time and budget

requirements;

The  geographic  location of the  entity's/individual's headquarters

or office in relation to the project;

(v)	The	recent,	current,	and	projected	workloads

entity/individual;

of

the

(vi)

(vii)

balanced;

The volume of work previously awarded to the entity/individual;

Whether	the	cost	components	of	the	bid	or	proposal	are

appropriately	and

(viii)	Whether the entity/individual enterprise.

1s

a	ce1iified	minority	business

(q)	"Responsive Bid," "Responsive Proposal," "Responsive Reply," and "Responsive Response" all mean a bid, proposal, reply, or response which conforms in all material respects to the specifications and conditions in the
Invitation  to	Bid,	Request  for	Proposals,	Invitations	to	Negotiate,	or

Competitive	Solicitation	document	and	these	Rules,	and	the	cost
components of which, if any, are appropriately balanced.	A bid, proposal,
reply or response is not responsive if the person or firm submitting it fails

to meet any material requirement relating to the qualifications, financial

stability, or licensing of the bidder.

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§§190.033, 255.20, 287.055, Fla. Stat.

Rule 3.1	Procedure Under The Consultants' Competitive Negotiations Act.			
(1)	Scope.	The  following  procedures  are  adopted  for  the  selection  of firms  or		
	individuals  to  provide  Professional  Services  exceeding  the  thresholds  herein		
	described,  for  the  negotiation of such  contracts,  and  to  provide  for  protest  of		
	actions of the Board under this Rule.  As used in this Rule, "Project" means that		
	fixed  capital  outlay  study  or planning  activity  when basic  construction cost  is		
	estimated  by the  District to  exceed  the  threshold  amount  provided  in  Section		
	287.017	of the Florida Statutes, for CATEGORY FIVE, or for a planning study		
	activity when the  fee  for  Professional  Services  is  estimated by  the  District to		
	exceed the threshold amount provided in Section 287.017 for CATEGORY	TWO,		
				
	as such categories may be amended or adjusted from time to time.			
(2)	Qualifying Procedures.  In order to be eligible to provide Professional Services to		
	the District, a consultant must, at the time of receipt of the firm's  qualification		
	submittal:			

(a)

(b)

( c)

Hold all required applicable federal licenses in good standing, if any;

Hold all required applicable state professional licenses in good standing;

Hold a current and active Florida corporate chmter or be authorized to do

business  in the  State of Florida in accordance  with Chapter 607  of the
Florida Statutes, if the consultant is a corporation; and

(d)	Meet any qualification requirements set forth in the District's Request for Qualifications.

	Evidence of compliance with this Rule may be submitted with the qualifications,		
	if requested  by  the  District.	In  addition,  evidence  of compliance  must  be		
	submitted any time requested by the District.							
(3)	Public Announcement.  Except in cases of valid public emergencies	as certified		
				
	.by  the  Board,  the  District  shall  announce  each  occasion	when		Professional		
	Services are required for a Project or a Continuing Contract by	publishing a notice		
	providing a general  description of the Project,  or the nature	of the		Continuing		
	Contract,  and the method for  interested consultants to  apply for  consideration.		
	The notice shall appear in at least one ( 1) newspaper of general circulation in the		
	District and in such other places as the District deems appropriate.		The notice		
	must allow at least fourteen (14) days for submittal	of qualifications	from the date		
							
	of publication.   The  District	may  maintain  lists	of consultants  interested  in		
	receiving  such  notices.   These  consultants  are  encouraged to  submit  annually		
	statements of qualifications and perfo1mance data.  Consultants who provide their		
	name and address to the District Manager for inclusion on the list shall receive		
	notices by mail.  The Board has the right to reject any and all qualifications, and		
	such  reservation  shall  be  included  in  the  published  notice.   Consultants  not		
	receiving a contract award shall not be entitled to recover from the District any		
	costs of qualification package preparation or submittal.						

(4)	Competitive Selection.

(a)	The Board shall review and evaluate the data submitted in response to the notice described in section (3) of this Rule regarding qualifications and
performance  ability,  as  well  as  any statements of qualifications on file.
The	Board	shall	conduct	discussions	with,	and	may	require	public

presentation by consultants regarding their qualifications, approach to the

Project, and ability to furnish the required services.	The Board shall then
select and list the consultants,  in order of preference,  deemed to be the

most highly capable  and qualified to  perform the  required Professional

Services, after considering these and other appropriate criteria:

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

The ability and adequacy of the professional personnel employed

by each consultant;

Whether a consultant is a certified minority business enterprise;

Each consultant's past performance;

The	willingness	of  each	consultant	to	meet	time	and	budget

requirements;

The geographic location of each consultant's headquarters,  office

and personnel in relation to the project;

The recent,  cunent,  and projected workloads of each consultant;

and

The volume of work previously awarded to each consultant by the

District.

(b)

( c)

(d)

Nothing  in  these  Rules  shall  prevent  the  District  from  evaluating  and	
eventually  selecting  a  consultant	if  less  than  three  (3)  qualification	
packages,   including  packages   indicating	a	desire	not	to	provide	
Professional Services on a given Project, are received.				
If the selection process is administered by any person or committee other	
than the full Board, the selection made will be presented to the full Board	
with a recommendation that competitive negotiations be instituted with the	
selected firms in order of preference listed.						
Notice of the rankings  adopted by the Board,  including the rejection of	
some  or  all  qualification  packages,  shall  be  provided  in  writing  to  all	
consultants by United States Mail, hand delivery, facsimile, or overnight	
delivery  service.    The  notice  shall  include  the  following  statement:	
"Failure to file  a protest within the time prescribed in Rule	3.11  of the	
Rules of the District shall constitute a waiver	of proceedings under those	
Rules,"  or  wording  to  that  effect.	Protests	of the	District's	ranking	

(5)

( 6)

(7)

(8)

decisions under this Rule shall be in accordance with the procedures set

forth in Rule 3.11.

Competitive Negotiation.

(a)	After the Board has authorized the beginning of competitive negotiations,

the  District  may  begin  such  negotiations  with  the  firm	listed  as  most

qualified to perform the required Professional Services at a rate or amount
of compensation  which  the  Board  determines  is  fair,  competitive,  and

reasonable.

(b)	In negotiating a lump-sum or cost-plus-a-fixed-fee professional contract
	for more than the threshold amount provided in Section 287.017 of	the	
	Florida Statutes, for  CATEGORY FOUR,  the firm  receiving the  award	
	shall be required to execute a truth-in-negotiation certificate stating that	
	"wage rates and other factual unit costs supporting the compensation are	
	accurate,  complete and current at the time of contracting."	In addition,	
	any  professional  service  contract  under  which  such	a  certificate	is	
	required, shall contain a provision that "the original contract price and any	
	additions  thereto,  shall be  adjusted to  exclude  any  significant sums  by	
	which  the  Board  determines  the  contract  price  was  increased  due  to	
	inaccurate,  incomplete,  or noncurrent wage  rates  and other factual  unit	
	costs."				
( c)	Should the District be unable to negotiate a satisfactory agreement with	
	the firm determined to  be the  most qualified at a price  deemed by the	
	District to be fair, competitive, and reasonable, then negotiations with that	
	firm  shall  be  terminated  and  the  District  shall  immediately  begin	
	negotiations  with  the  second  most  qualified  firm.	If  a	satisfactory	
	agreement  with  the  second  firm  cannot  be  reached,  those  negotiations	
	shall  be terminated  and  negotiations  with the  third most qualified firm	
	shall be undertaken.				
( d)	Should the District be unable to negotiate a satisfactory agreement with	
	one  of the  top  three  (3)  ranked  consultants,  additional  firms  shall  be	
	selected by the District, in order of their competence and qualifications.	
	Negotiations shall continue,  beginning with the first-named firm  on the	
	list, until an agreement is reached or the list of firms is exhausted.		
Contracts; Public Records.  In accordance with Florida law, each contract entered	
into pursuant to this Rule shall include provisions required by law that require the	
contractor to comply with public records laws.				
Continuing Contract.  Nothing in this Rule shall prohibit a Continuing Contract	
between a consultant and the District.				
Emergency Purchase.   The District may make an Emergency Purchase without	
complying with these Rules.  The fact that an Emergency Purchase has occuned	
or is necessary shall be noted in the minutes of the next Board meeting.		

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§§119.0701, 190.011(3), 190.033, 287.055, Fla. Stat.

Rule 3.2	Procedure Regarding Auditor Selection.

In order to comply with the requirements of Section 218.391 following procedures are outlined for selection of films Auditing Services and for the negotiation of such contracts.

of

or

the Florida Statutes, the

individuals	to	provide

(1)	Definitions.

(a)	"Auditing Services" means those
of a certified public accounting	
Florida  Statutes,  and	qualified	
government  auditing	standards	
Accountancy.		

services within the scope of the practice	
firm licensed under Chapter 4 73  of the	
to	conduct  audits  in  accordance  with	
as	adopted  by  the  Florida  Board  of	

(b)	"Committee" means the audit selection committee appointed by the Board

	as described in section (2) of this Rule.			
(2)	Establishment of Audit Committee.  Prior to a public announcement	under section		
				
	(4) of this Rule that Auditing Services are required, the Board shall establish an		
	audit  selection  committee  ("Committee"),  the  primary purpose  of which  is  to		
	assist the  Board  in  selecting  an  auditor  to  conduct the  annual  financial  audit		
	required by Section 218.39 of the Florida Statutes. The Committee should include		
	at least three individuals, some or all of	whom may also serve as members of the		
	Board.  The establishment and selection	of	the Committee must be conducted at a		
	publicly noticed and held meeting of the Board.			
(3)	Establishment of Minimum Qualifications  and  Evaluation  Criteria.   Prior to  a		
	public announcement under section (4)	of this Rule that Auditing  Services are		
	required,  the  Committee  shall meet at	a	publicly noticed  meeting to  establish		
	minimum qualifications and factors to use for the evaluation of Auditing Services		
	to be provided by a certified public accounting firm licensed under Chapter 4 73 of		
	the  Florida  Statutes,  and  qualified  to	conduct  audits  in  accordance  with		
	government auditing standards as adopted by the Florida Board of Accountancy.		

(a)	Minimum Qualifications.  In order to be eligible to submit a proposal,  a
firm  must,  at  all  relevant  times  including  the  time	of	receipt	of	the	
proposal by the District:					

(i)

(ii)

(iii)

Hold all required applicable federal  licenses in good standing,	if	
any;							
Hold  all  required  applicable  state  professional  licenses  in  good	
standing;						
Hold	a	current  and  active  Florida  corporate  charter  or  be	
authorized to do business in the State of Florida in accordance with	
Chapter	607	of  the  Florida  Statutes,	if  the  proposer	is	a	
corporation; and				

(iv)

Meet	any	pre-qualification	requirements	established

Committee and set forth in the RFP or other specifications.

by

the

	If	requested in the RFP or other specifications,  evidence of	compliance	
	with the minimum qualifications as established by the Committee must be	
	submitted with the proposal.		
(b)	Evaluation Criteria.  The factors established for the evaluation	of Auditing	
	Services by the Committee shall include, but are not limited to:		
	(i)	Ability of personnel;		

(ii)	Experience;

(iii)	Understanding of scope of work;

(iv)	Ability to furnish the required services; and

(v)	Such other factors as may be determined by the Committee to be applicable to its particular requirements.

	The  Committee may also  choose to  consider compensation	as  a factor.	If the		
			shall not		
	Committee establishes compensation as one of the factors, compensation			
					
	be the sole or predominant factor used to evaluate proposals.					
( 4)	Public Announcement.  After identifying the factors to be used in evaluating the		
	proposals  for  Auditing  Services  as  set  forth  in  section  (3)  of this  Rule,  the		
	Committee shall publicly announce the opportunity to provide Auditing Services.		
	Such public announcement shall include a brief description of the audit and how		
	interested firms can apply for consideration and obtain the RFP.  The notice shall		
	appear in at least one (1) newspaper of general circulation in the District and the		
	county in which the District is located.  The public announcement shall allow for		
	at least seven (7) days for the submission of proposals.					

(5)	Request  for  Proposals.   The  Committee  shall  provide  interested  firms  with  a

	Request  for  Proposals  ("RFP").	The  RFP  shall  provide  information  on how		
	proposals  are  to  be  evaluated  and  such  other  information  the  Committee		
	determines is necessary for the firm to prepare a proposal.  The RFP shall state the		
	timeforand place	submitting proposals.			
(6)	Committee's  Evaluation  of Proposals  and  Recommendation.	The  Committee		
				
	shall meet at a publicly held meeting that is publicly noticed for a reasonable time		
	in advance of	the meeting to evaluate all qualified proposals and may, as part of		
	the  evaluation,  require  that each  interested  firm  provide  a public presentation		
	where the Committee may conduct discussions with the firm, and where the firm		
	may  present  information,  regarding  the  firm's  qualifications.	At  the  public		
	meeting,  the  Committee  shall  rank  and  recommend  in  order	of preference no		
	fewer than three films  deemed to  be the  most highly qualified to  perform the		
	required services after considering the factors established pursuant to subsection		

(7)

(8)

(3)(b)	of this Rule.	If fewer than three firms respond to the RFP or if no firms	
respond to the RFP, the Committee shall recommend such fom as it deems to be	
the most highly qualified.  Notwithstanding the foregoing, the Committee may	
recommend that any and all proposals be rejected.							
Board Selection	of Auditor.										
(a)	Where compensation was not selected	as	a factor used in evaluating the	
	proposals, the Board shall negotiate with the firm ranked first and inquire	
	of that firm	as to the basis	of compensation.	If the Board	is	unable to	
	negotiate	a satisfactory agreement with the  first ranked firm  at a	price	
	deemed  by  the  Board  to	be  fair,  competitive,  and  reasonable,  then	
	negotiations  with  that  fom  shall  be	terminated  and  the  Board  shall	
	immediately  begin  negotiations  with  the  second  ranked  fom.	If a	
	satisfactory agreement with the  second ranked firm  cannot be reached,	
	those  negotiations  shall  be  terminated  and  negotiations  with  the  third	
	ranked  firm  shall	be  undertaken.	The  Board  may  reopen  formal	
	negotiations with any one of the three top-ranked firms,  but it may not	
	negotiate with more than one firm at a time.	If the Board	is	unable to	
	negotiate	a	satisfactory  agreement  with  any	of	the  selected  firms,  the	
	Committee  shall  recommend  additional  firms  in  order  of the  firms'	
	respective  competence  and  qualifications.   Negotiations  shall  continue,	
	beginning with  the  first-named  firm  on  the  list,  until  an  agreement  is	
	reached or the list of firms is	exhausted.								
(b)	Where  compensation  was  selected  as	a	factor  used  in  evaluating  the	
	proposals, the Board shall select the highest-ranked qualified firm.		
(c)	In  negotiations  with  firms  under  this  Rule,  the  Board  may  allow  the	
	District	Manager,	District	Counsel,	or	other	designee	to	conduct	
	negotiations on its behalf.									

(d)	Notwithstanding the foregoing, the Board may reject any or all proposals. The Board shall not consider any proposal, or enter into any contract for Auditing Services, unless the proposed agreed-upon compensation is
	reasonable to  satisfy the requirements of Section 218. 39 of the Florida	
	Statutes, and the needs of the District.	
Contract.  Any agreement reached under this Rule shall be evidenced by a written	
contract, which may take the form of an engagement letter signed and executed by	
both parties.  The written contract shall include all provisions and conditions of	
the procurement of such services and shall include, at a minimum, the following:	
(a)	A  provision  specifying  the  services  to  be  provided  and  fees  or  other	
	compensation for such services;	

(b)	A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract;

( c)	A provision setting fo1ih deadlines for the auditor to submit a preliminary draft audit report to the District for review and to submit a final audit report no later than July 1 of the fiscal year that follows the fiscal year for which the audit is being conducted;

( d)	A provision specifying the contract period, including renewals and conditions under which the contract may be terminated or renewed. No contract shall continue, or allow the contract to be renewed, for a period of more than three years from the date of its execution. A renewal may be done without the use of the auditor selection procedures provided in this Rule, but must be in writing.

(e)	Provisions required by law that require the auditor to comply with public records laws.

(9)	Notice of Award. Once a negotiated agreement with a firm or individual is reached, or the Board authorizes the execution of an agreement with a firm where compensation was a factor in the evaluation of proposals, notice of the intent to award, including the rejection of some or all proposals, shall be provided in writing to all proposers by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests regarding the award of contracts under this Rule shall be as provided for in Rule 3 .11. No proposer shall be entitled to recover any costs of proposal preparation or submittal from the District.

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.
Law Implemented:	§§119.0701, 218.391, Fla. Stat.

Rule 3.3

(1)

(2)

Purchase of Insurance.							
Scope.  The purchases of life, health, accident, hospitalization, legal expense, or		
annuity  insurance,  or  all  of any  kinds  of such  insurance  for  the  officers  and		
employees  of the  District,  and  for  health,  accident,  hospitalization,  and  legal		
expenses upon a group insurance plan by the District, shall be governed by this		
Rule. This Rule does not apply to the purchase of any other type of insurance by		
the District, including but not limited to	liability insurance, property insurance,		
and  directors  and  officers  insurance.   Nothing  in  this  Rule  shall  require  the		
District to purchase insurance.							
Procedure.   For a purchase of insurance within the  scope  of these  Rules,  the		
following procedure shall be followed:						
(a)	The Board shall cause to be prepared a Notice of Invitation to Bid.			
(b)	Notice  of the  Invitation to  Bid  shall  be  adve1iised  at  least  once  in  a		
	newspaper  of general  circulation within the  District.   The  notice  shall		
	allow at least fourteen (14) days for submittal of bids.			
(c)	The District may maintain a list of persons interested in receiving notices		
	of Invitations to Bid.  Persons who provide their name and address to the		
	District Manager for inclusion on the list shall receive notices by mail.			
(d)	Bids shall be opened at the time and place noted in the Invitation to Bid.		
(e)	If only one  (1)  response to  an Invitation is	received,  the  District	may		
	proceed  with  the  purchase.	If no  response	to	an  Invitation to  Bid  is		
	received, the District may take whatever steps are reasonably necessary in		
	order to proceed with the purchase.						
(f)	The Board has the right to reject any and all bids and such reservations		
	shall be included in all solicitations and advertisements.			
(g)	Simultaneously with the review of the submitted bids,  the District may		
	undertake  negotiations  with  those  companies  that  have  submitted		
	reasonable and timely bids and,  in the opinion of the District, are fully		
	qualified  and  capable  of meeting  all  services  and  requirements.   Bid		
	responses  shall  be  evaluated  in accordance  with the  specifications  and		
	criteria contained in the Invitation	to Bid; in addition, the total cost to the		
	District,  the  cost,  if any,  to	the	District  officers,  employees,  or	their		
	dependents, the  geographic location of the  company's headquarters	and		
				
	offices  in  relation  to  the  District,  and  the  ability  of the  company  to		
	guarantee premium stability may be considered.	A contract to purchase		
	insurance  shall  be  awarded	to  that  company  whose  response  to  the		
	Invitation to Bid best meets the overall needs of the District, its officers,		
	employees, and/or dependents.							
(h)	Notice of the intent to award, including rejection of some or all bids, shall		

be  provided  in  writing  to  all  bidders  by  United  States  Mail,  by  hand	
delivery,  or by overnight delivery service.  The notice shall  include the	
following statement:  "Failure to file a protest within the time prescribed	
in  Rule  3.11  of the  Rules  of the  District  shall  constitute  a  waiver	of	
proceedings under those Rules," or wording to that effect.  Protests of	the	
District's procurement of insurance under this Rule shall be in accordance	
with the procedures set forth in Rule 3 .11.		
Specific Authority:  §§190.011(5), 190.011(15), Fla. Stat.		
Law Implemented:  §112.08, Fla. Stat.		

Rule 3.4	Pre-qualification

(1)	Scope. In its discretion, the District may undertake a pre-qualification process in accordance with this Rule for vendors to provide construction services, goods, supplies, and materials, Contractual Services, and maintenance services.

(2)	Procedure. When the District seeks to pre-qualify vendors, the following procedures shall apply:

(a)	The Board shall cause to be prepared a Request for Qualifications.

(b)	For construction services exceeding the thresholds described in Section 25 5 .20 of the Florida Statutes, the Board must advertise the proposed pre-
qualification  criteria  and  procedures  and  allow  at  least  seven  (7)	days
notice	of the  public  hearing  for	comments	on	such	pre-qualification

criteria and procedures.	At such public hearing, potential vendors may

object to such pre-qualification criteria and procedures.	Following such

public  hearing,  the  Board shall  formally  adopt pre-qualification criteria

and procedures prior to the advertisement of the Request for Qualifications

for construction services.

( c)

( d)

(e)

The  Request  for  Qualifications  shall  be  advertised  at  least  once  in  a		
newspaper of general circulation within the District and within the county		
in which the District is located.  The notice shall allow at least seven (7)		
days  for  submittal  of qualifications  for  goods,  supplies  and  materials,		
Contractual  Services,  maintenance  services,  and  construction  services		
under two  hundred fifty  thousand dollars  ($250,000).		The  notice  shall		
allow  at  least  twenty-one  (21)  days  for  submittal  of	qualifications	for		
				
construction services estimated to  cost over two  hundred fifty thousand		
dollars ($250,000) and thirty (30) days for construction services estimated		
to cost over five hundred thousand dollars ($500,000).					
The District may maintain lists of persons interested in receiving notices		
of Requests for Qualifications.  The District shall make a good faith effort		
to  provide  written notice,  by electronic mail,  United  States  Mail,  hand		
delivery, or facsimile, to persons who provide their name and address to		
the  District  Manager  for  inclusion  on  the  list.   However,  failure  of a		
person  to  receive  the  notice  shall  not  invalidate  any  pre-qualification		
determination or  contract  awarded	in  accordance  with these  Rules	and		
shall not be a basis for a protest of	any pre-qualification	determination or		
					
contract award.						
If the  District  has  pre-qualified  vendors  for  a  particular  category	of		
purchase, at the option of the District, only those persons who have been		
pre-qualified  will  be  eligible  to	submit  bids,  proposals,  replies  or		
responses  in  response  to  the  applicable  Invitation to  Bid,  Request  for		
Proposals, Invitation to Negotiate, or Competitive Solicitation.			

(f)

(g)

(h)

(i)

G)

In order to be eligible to submit qualifications, a firm or individual must,		
at the time ofreceipt of the qualifications:			
(i)	Hold the  required  applicable  state  professional	licenses  in good		
				
	standing;			

(ii)	Hold all required applicable federal licenses in good standing, if any;

(iii)	Hold  a  current  and  active  Florida  corporate  charter  or  be
authorized to do business in the State of Florida in accordance with	
Chapter 607	of the Florida Statutes, if the vendor is a corporation;	
and		

(iv)	Meet any special pre-qualification requirements set forth in the Request for Qualifications.

Evidence  of compliance  with  these  Rules  must  be  submitted  with  the	
qualifications if	required by the District.   Failure	to submit evidence	of	
compliance  when  required  may  be  grounds  for  rejection  of  the	
qualifications.											
Qualifications shall be presented to the Board, or a committee appointed	
by  the  Board,  for  evaluation  in  accordance  with  the  Request  for	
Qualifications and this Rule.  Minor variations in the qualifications may be	
waived by the Board. A variation is	minor if waiver of the variation does	
not create a competitive advantage or disadvantage of a material nature.		
All  vendors  determined  by  the  District  to  meet  the  pre-qualification	
requirements shall be pre-qualified.	To	assure full understanding of	the	
responsiveness	to		the	requirements	contained	in	a	Request	for	
Qualifications,  discussions  may  be  conducted  with  qualified  vendors.	
Vendors shall be accorded fair treatment prior to the submittal date with	
respect to any opp01iunity for discussion and revision of qualifications.	
For  construction  services,  any  contractor  pre-qualified  and  considered	
eligible by the Department of Transportation to bid to perform the type of	
work the project entails shall be presumed to be qualified to perfo1m the	
project.											
The Board shall have the right to reject all qualifications	if there are not	
enough to be competitive or if rejection is determined to be in the best	
interest of the District.  No vendor shall be entitled	to recover any costs of	
qualification preparation or submittal from the District.				
Notice  of  intent	to	pre-qualify,  including  rejection  of  some  or  all	
qualifications, shall be provided in writing to all vendors by United States	
Mail, hand delivery, facsimile, or overnight delivery service.  The notice	
shall include the following statement:  "Failure to file a protest within the	
time prescribed in Rule	3.11 of the Rules of the District shall constitute a	

waiver	of proceedings  under  those  Rules,"  or  wording  to  that  effect.	
Protests	of the District's pre-qualification decisions under this Rule shall	
be  in accordance  with the procedures  set forth  in Rule  3 .11; provided	
however, protests related	to the pre-qualification criteria and procedures	
for  construction  services	shall  be  resolved  in  accordance  with  section	
(2)(b) of this Rule and Section 255.20(1)(b) of the Florida Statutes.	
Specific Authority:  §§190.011(5), 190.011(15), Fla. Stat.		
Law Implemented:  §§190.033, 255.0525, 255.20, Fla. Stat.		

Rule 3.5	Construction Contracts, Not Design-Build.

(1)	Scope. All contracts for the construction or improvement of any building, structure, or other public construction works authorized by Chapter 190 of the Florida Statutes, the costs of which are estimated by the District in accordance with generally accepted cost accounting principles to be in excess of the threshold amount for applicability of Section 255.20 of the Florida Statutes, as that amount may be indexed or amended from time to time, shall be let under the terms of these Rules and the procedures of Section 255.20 of the Florida Statutes, as the same may be amended from time to time. A project shall not be divided solely to avoid the threshold bidding requirements.

(2)	Procedure. When a purchase of construction services is within the scope of this Rule, the following procedures shall apply:

(a)	The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

(b)	Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation in the District and in the county in which the District is located. The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least twenty-one (21) days for submittal of sealed bids, proposals, replies, or responses, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of bids, proposals, replies, or responses. If the Board has previously pre-qualified contractors pursuant to Rule 3 .4 and determined that only the contractors that have been pre-qualified will be permitted to submit bids, proposals, replies, and responses, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation need not be published. Instead, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be sent to the pre-qualified contractors by United States Mail, hand delivery, facsimile, or overnight delivery service.

( c)	The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

( d)	If the District has pre-qualified providers of construction services, then, at the option of the District, only those persons who have been pre-qualified

(e)

(f)

will  be  eligible	to	submit  bids,  proposals,  replies,  or  responses	to	
Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and	
Competitive Solicitations.		
In order to be eligible to submit a bid, proposal, reply, or response, a firm	
or individual must, at the time of receipt of the bids, proposals, replies, or	
responses:				

(i)	Hold the required applicable state professional licenses in good standing;

(ii)	Hold all required applicable federal licenses in good standing, if any;

(iii)	Hold  a  current  and  active  Florida  corporate  charter  or  be

authorized to do business in the State of Florida in accordance with	
Chapter 607	of the Florida Statutes, if the bidder is a corporation;	
and		

(iv)	Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Any contractor that has been found guilty by a court of any violation of		
federal  labor or employment tax laws regarding subjects such as safety,		
tax  withholding,  worker's  compensation,  unemployment  tax,  social		
security and Medicare tax, wage or hour, or prevailing rate laws within the		
past 5 years may be considered ineligible by the District to submit a bid,		
response, or proposal for a District project.			
Evidence of compliance with these Rules must be submitted with the bid,		
proposal, reply, or response, if required by the District.  Failure to submit		
evidence of compliance when required may be grounds for rejection of the		
bid, proposal, reply, or response.			
Bids,  proposals,  replies,  and  responses,  or  the  portions  of which  that		
include  the  price,  shall  be  publicly  opened  at  a	meeting  noticed  in		
accordance with Rule 1.3, and at which at least one district representative		
is present.  The name of each bidder and the price submitted in the bid		
shall be announced at such meeting,  and  shall be made  available  upon		
request.  Minutes  should be taken at the meeting and maintained by the		
District.   Bids,  proposals,  replies,  and  responses  shall  be  evaluated  in		
accordance with the respective Invitation to Bid, Request for Proposals,		
Invitation  to  Negotiate,  or  Competitive  Solicitation  and  these  Rules.		
Minor  variations  in  the  bids,  proposals,  replies,  or  responses  may  be		
waived by the Board.  A variation is minor if waiver of the variation does		
not create a competitive advantage or disadvantage	of a material nature.		
			
Mistakes in arithmetic extension of pricing may be conected by the Board.		
Bids and proposals may not be modified or supplemented after opening;		

(g)

(h)

(i)

(i)

(k)

provided  however,  additional  information  may  be  requested  and/or	
provided  to	evidence  compliance,  make  non-material  modifications,	
clarifications, or supplementations, and	as otherwise permitted by Florida	
law.										
The lowest Responsive Bid submitted by a Responsive and Responsible	
Bidder in response to an Invitation to Bid shall be accepted.  In relation to	
a	Request	for	Proposals,  Invitation	to	Negotiate,	or	Competitive	
Solicitation,  the  Board  shall  select the  Responsive  Proposal,  Reply,  or	
Response submitted by a Responsive  and Responsible Vendor which is	
most advantageous to  the District.	To	assure full  understanding of the	
responsiveness to the solicitation requirements contained in a Request for	
Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions	
may be conducted with qualified vendors.  Vendors shall be accorded fair	
treatment prior to the submittal date with respect to any opportunity for	
discussion,  preparation,  and  revision  of  bids,  proposals,  replies,  and	
responses.										
The  Board shall  have the  right to  reject  all  bids,  proposals,  replies,  or	
responses  because  they  exceed  the  amount  of funds  budgeted  for  the	
purchase,  if there  are  not  enough to  be  competitive,  or  if	rejection  is	
determined to be in the best interest of the District.  No contractor shall be	
entitled  to	recover  any  costs  of  bid,  proposal,  response,  or  reply	
preparation or submittal from the District.						
The  Board  may  require  potential  contractors	to	furnish  bid  bonds,	
performance bonds,  and/or other bonds  with a responsible  surety to  be	
approved by the Board.								
Notice  of  intent	to  award,  including  rejection  of  some  or  all  bids,	
proposals,  replies,  or  responses,  shall	be	provided  in  writing  to  all	
contractors by United States Mail, hand delivery, facsimile, or overnight	
delivery  service.    The  notice  shall  include  the  following  statement:	
"Failure to file a protest within the time prescribed in Rule	3.11  of the	
Rules of the District shall constitute a waiver of proceedings under those	
Rules,"  or wording to that effect.  Protests of the District's purchase of	
construction  services  under  this  Rule  shall  be  in  accordance  with  the	
procedures set forth in Rule 3 .11.								
If	less than three (3) Responsive Bids, Proposals, Replies, or Responses	
are received, the District may purchase construction services or may reject	
the bids, proposals, replies, or responses for a lack of competitiveness. If	
no	Responsive Bid, Proposal, Reply, or Response is received, the District	
may take whatever steps reasonably necessary in order to	proceed with the	
procurement of construction services, which steps may  include a direct	
purchase of the construction services without further competitive selection	
processes.										

(3)

( 4)

(5)

( 6)

Sole Source; Government.  Construction services that are only available from a		
single  source  are  exempt  from  this  Rule.   Construction  services  provided  by		
governmental agencies are exempt from this Rule.  This Rule shall not apply to		
the  purchase  of construction  services,  which  may  include  goods,  supplies,  or		
materials, that are purchased under a federal, state, or local government contract		
that has been competitively procured by such federal, state, or local government		
inwithamanner consistent	the material procurement requirements of these Rules.		
A contract for construction services is exempt from this Rule if state or federal		
law prescribes with whom the District must contract or if the rate of payment is		
established during the appropriation process.			
Contracts; Public Records.  In accordance with Florida law, each contract entered		
into pursuant to this Rule shall include provisions required by law that require the		
contractor to comply with public records laws.			
Emergency Purchases. The District may make an Emergency Purchase without		
complying with these rules.  The fact that an Emergency Purchase has occurred or		
is necessary shall be noted in the minutes of the next Board Meeting.		
Exceptions.  This Rule is inapplicable when:			
(a)	The project is undertaken as repair or maintenance	of an existing public		
				
	facility;				
(b)	The funding source	of the project will be diminished or lost because the		
	time required to competitively award the project after the funds become		
	available exceeds the time within which the funding source must be spent;		

(c)	The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contractor; or

( d)	The District, after public notice, conducts a public meeting under Section	
	286.011 of the Florida Statutes, and finds by a majority vote of the Board	
	that it is in the public's best interest to perform the project using its own	
	services, employees, and equipment.	

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§§119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

Rule 3.6	Construction Contracts, Design-Build.

(1)	Scope.The  District  may  utilize  Design-Build  Contracts  for  any  public

construction project for which the Board determines that use of such contract is in
the best interest of the District. When letting a Design-Build Contract, the District

shall use the following procedure:

(2)	Procedure.

(a)	The  District  shall  utilize  a  Design  Criteria  Professional  meeting  the
requirements	of  Section  287.055(2)(k)	of the  Florida  Statutes,  when	
developing  a	Design  Criteria  Package,	evaluating  the  proposals  and	

(b)

(c)

qualifications   submitted   by   Design-Build   Firms,   and   determining		
compliance of the project construction with the Design Criteria Package.		
The Design Criteria Professional may be an employee	of the District, may		
be	the  District  Engineer  selected  by  the  District  pursuant	to	Section		
287.055	of the Florida Statutes, or may be retained pursuant	to Rule 3.1.		
The Design Criteria Professional is not eligible to render services under a		
Design-Build Contract executed pursuant to the Design Criteria Package.		
A Design Criteria Package for the construction project shall be prepared		
and  sealed by the  Design  Criteria Professional.	If the  project utilizes		
existing  plans,  the  Design  Criteria  Professional  shall  create  a	Design		
Criteria  Package  by  supplementing  the  plans  with  project  specific		
requirements, if any.							
The Board may either choose to award the Design-Build Contract pursuant		
to	the	competitive  proposal  selection  process	set	forth	in	Section		
287.055(9) of the Florida Statutes, or pursuant to	the qualifications	based		
				
selection process pursuant to Rule 3 .1.							

(i)	Qualifications-Based Selection. If the process set forth in Rule 3 .1 is utilized, subsequent to competitive negotiations, a guaranteed

maximum  price	and	guaranteed	completion	date	shall	be	
established.							

(ii)	Competitive Proposal-Based Selection. If the competitive proposal
selection process is	utilized,  the Board,  in consultation	with the		
				
Design Criteria Professional, shall establish the criteria, standards		
and procedures for the evaluation of Design-Build Proposals based		
on price, technical, and design aspects of the project, weighted for		
the project.  After a Design Criteria Package and the standards and		
procedures  for  evaluation  of	proposals  have  been  developed,		
competitive  proposals  from  qualified  firms  shall  be  solicited		
pursuant to the design criteria by the following procedure:			
1.	A Request for Proposals shall be advertised at least once in		
	a newspaper	of	general circulation in the county in which		
	the  District	is	located.	The  notice  shall  allow  at  least		
	twenty-one  (21)  days  for  submittal  of sealed  proposals,		
	unless  the  Board,  for  good  cause,  determines	a  shorter		
	period of time is appropriate.  Any project projected to cost		
	more than five hundred thousand dollars ($500,000) must		
	be  noticed  at  least thirty  (3 0)  days  prior to  the  date  for		
	submittal of	proposals.				
2.	The  District	may  maintain  lists  of persons  interested  in		
	receiving notices of Requests for Proposals.  The District		
	shall make a good faith effmi to provide written notice, by		
	electronic  mail,  United  States  Mail,  hand  delivery,  or		
	facsimile, to	persons who provide their name and address to		

3.

4.

the District Manager for inclusion on the list.   However,		
failure	of	a person to receive the notice shall not invalidate		
any  contract  awarded  in  accordance  with  this  Rule  and		
shall not be a basis for a protest	of any contract award.			
In order to be eligible to submit a proposal, a firm must, at		
the time of receipt of	the proposals:														
a.	Hold	the	required	applicable		state	professional		
																
	licenses  in  good  standing,  as  defined  by  Section		
	287.055(2)(h)Statutes;oftheFlorida														
b.	Hold all required applicable	federal licenses in good		
															
	standing,	if any;																		
c.	Hold a current and active Florida corporate	charter		
			of		
	or	be	authorized	to	do	business	in  the	State			
	Florida  in  accordance  with  Chapter	607		of	the		
									
	Florida Statutes, if	the proposer is a corporation;			
d.	Meet any special pre-qualification	requirements set		
											
	forth  in  the  Request  for  Proposals  and  Design		
	Criteria Package.																		
Any contractor that has been found guilty by a court of any		
violation of federal labor or employment	tax laws regarding		
						worker's		
subjects	such		as	safety,	tax   withholding,			
											
compensation,  unemployment  tax,  social  security  and		
Medicare tax, wage or hour, or prevailing rate laws within		
the past 5 years may be considered ineligible by the District		
to submit a bid, response, or proposal for a District project.		
Evidence	of		compliance	with		these		Rules		must	be		
submitted	with	the  proposal  if	required	by	the		District.		
					when required		
Failure to	submit evidence	of	compliance			
												
may be grounds for rejection of	the proposal.									
The proposals,	or the  portions	of	which that		include	the		
price,  shall  be  publicly  opened	at	a	meeting	noticed	in		
										
accordance with Rule 1.3,	and at	which	at least one district		
representative	is	present.	The name of	each bidder and the		
price  submitted  in  the  bid  shall  be  announced		at  such		
					
meeting,  and  shall  be  made  available  upon  request.		
Minutes should be taken at the meeting and maintained by		
the  District.		In  consultation  with  the  Design  Criteria		
Professional,  the  Board  shall  evaluate  the  proposals		
received	based	on	evaluation	criteria	and		procedures		
established prior to the solicitation	of proposals, including		
													
but not limited to qualifications, availability, and past work		

5.

6.

7.

8.

of the firms  and the partners and members thereof.	The		
Board shall then select  no  fewer  than three  (3)  Design-		
Build Firms as the most qualified.						
The  Board shall have  the  right to  reject all proposals  if		
rejection	is  determined  to  be  in  the  best  interest  of the		
District. No vendor shall be entitled to recover any costs of		
proposal preparation or submittal from the District.				
If less than three  (3) proposals  are received,  the  District		
may  purchase  design-build  services  or  may  reject  the		
proposals for lack of competitiveness. If no	proposals are		
received, the District may take whatever steps reasonably		
necessary  in  order  to  proceed  with  the  procurement	of		
			
design-build  services,  which  steps  may  include  a  direct		
purchase	of  the  design-build  services  without  further		
competitive selection processes.						
Notice of the rankings adopted by the Board, including the		
rejection	of some  or  all  proposals,  shall  be  provided  in		
writing  to  all  consultants  by  United  States  Mail,  hand		
delivery,  facsimile,  or  overnight  delivery  service.   The		
notice shall include the following  statement:   "Failure to		
file a protest within the time prescribed in Rule 3 .11 of the		
Rules   of  the   District   shall   constitute	a	waiver		of		
proceedings under those Rules," or wording	to	that effect.		
Protests	of the District's rankings under this Rule shall be		
in accordance with the procedures set forth in Rule 3 .11.			
The Board shall negotiate a contract with the firm ranking		
the  highest  based  on  the  evaluation  standards  and  shall		
establish	a  price  which  the  Board  determines  is	fair,		
competitive and reasonable.  Should the Board be unable to		
negotiate a satisfactory contract with the firm considered to		
be the most qualified at a price considered by the Board to		
be fair, competitive, and reasonable, negotiations with that		
firm must be terminated.  The Board shall then undertake		
negotiations with the second most qualified film, based on		
the  ranking  by  the  evaluation standards.   Failing  accord		
with  the  second  most  qualified  firm,  the  Board  must		
terminate  negotiations.   The  Board  shall  then  undertake		
negotiations with the third most qualified firm.  Should the		
Board be unable to negotiate a satisfactory contract with		
any of the selected films, the Board shall select additional		
firms  in  order  of their  rankings  based  on the  evaluation		
standards and continue negotiations until an agreement	is		
reached or the list of firms is exhausted.						

9.

10.

After the Board contracts with a firm, the firm shall bring	
to the Board for approval,working detailed	drawings of the	
project.		
The   Design   Criteria   Professional   shall   evaluate   the	
compliance of the  detailed working  drawings  and project	
construction with  the  Design  Criteria Package,  and  shall	
provide the Board with a report of	the same.	

(3)	Contracts; Public Records.  In accordance with Florida law, each contract entered	
	into pursuant to this Rule shall include provisions required by law that require the	
	contractor to comply with public records laws.	
(4)	Emergency Purchase.  The Board may, in case of public emergency, declare an	
	emergency  and  immediately proceed  with negotiations  with the  best  qualified	
	Design-Build Firm available at the time.  The fact that an Emergency Purchase	
	has occurred shall be noted in the minutes of the next Board meeting.	

(5)	Exceptions.  This Rule is inapplicable when:

(a)	The project is undertaken as repair or maintenance facility;

of

an existing public

(b)	The funding source of the project will be diminished or lost because the

time required to competitively award the project after the funds become

available exceeds the time within which the funding source must be spent;

(c)	The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contractor; or

(d)	The District, after public notice, conducts a public meeting under Section	
	286.011 of the Florida Statutes, and finds by a majority vote	of the Board	
	that it is in the public's best interest to perform the project using its own	
	services, employees, and equipment.		
Specific Authority:  §§190.011(5), 190.011(15), Fla. Stat.		
Law Implemented:  §§119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.		

Rule 3.7	Payment and Performance Bonds.	
(1)	Scope.	This  Rule  shall  apply  to  contracts  for  the  construction  of a  public	
	building, for the prosecution and completion of a public work, or for repairs upon	
	a public  building  or public work,  and  shall be  construed in addition to  terms	
	prescribed by any other Rule that may also apply to such contracts.	
(2)	Required Bond.  Upon entering into a contract for any of the services described in	
	section (1) of this Rule in excess of $200,000, the Board should require that the	
	contractor,  before  commencing  the  work,  execute  and  record  a  payment  and	
	performance bond in an amount equal to the contract price.  Notwithstanding the	
	terms of the contract or any other law, the District may not make payment to the	
	contractor until the contractor has provided to the District a certified copy of the	
	recorded bond.	
(3)	Discretionary Bond.  At the discretion of the Board, upon entering into a contract	
	for any	of the services described in section (1) of this Rule for an amount not	
	exceeding $200,000, the contractor may be exempted from executing a payment	

and performance

bond.

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§255.05, Fla. Stat.

Rule 3.8

(1)

(2)

Goods, Supplies, and Materials.		
Purpose and Scope.	All purchases of	goods, supplies, or materials exceeding the	
amount provided in  Section 287.017	of the Florida Statutes,  for  CATEGORY	
FOUR, shall be purchased under the terms of this Rule.  Contracts for purchases	
of "goods, supplies, and materials" do not include printing, insurance, advertising,	
or  legal  notices.	A  contract  involving  goods,  supplies,  or  materials  plus	
maintenance services may, in the discretion of the Board, be treated as a contract	
for maintenance  services.   However,	a purchase shall not be divided solely in	
order to avoid the threshold bidding requirements.	
Procedure.  When a purchase of goods, supplies, or materials is within the scope	
of this Rule, the following procedures shall apply:	

(a)	The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

(b)	Notice  of the  Invitation  to  Bid,  Request  for  Proposals,  Invitation  to	
	Negotiate, or Competitive Solicitation shall be advertised at least once in a	
	newspaper of general circulation within the District and within the county	
	in which the District is located.  The notice shall also include the amount	
	of the bid bond, if one is required.  The notice shall allow at least seven (7)	
	days for submittal of bids, proposals, replies, or responses.	
( c)	The District may maintain lists of persons interested in receiving notices	
	of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, or	
	Competitive Solicitations.  The District shall make a good faith effort to	
	provide  written  notice,  by  electronic  mail,  United  States  Mail,  hand	
	delivery, or facsimile, to persons who provide their name and address to	
	the  District  Manager  for  inclusion  on  the  list.   However,  failure  of a	
	person to receive the notice shall not invalidate any contract awarded in	
	accordance with this Rule and shall not be a basis for  a protest of any	
	contract award.	
(d)	If the District has pre-qualified suppliers of goods, supplies, and materials,	
	then, at the option of the District, only those persons who have been pre-	
	qualified will be eligible to submit bids, proposals, replies, or responses.	
( e)	In order to be eligible to submit a bid, proposal, reply, or response, a firm	
	or individual must, at the time of receipt of the bids, proposals, replies, or	
	responses:	

(i)	Hold the required applicable state professional licenses m good standing;

(ii)	Hold all required applicable federal licenses in good standing, if any;

(iii)	Hold a current and active Florida corporate charter or be authorized

to do business in the State of Florida in accordance with Chapter 607
of the Florida Statutes, if the vendor is a corporation; and

(iv)	Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Evidence of compliance with these Rules must be submitted with the bid,	
proposal, reply or response if required by the District.  Failure to submit	
evidence of compliance when required may be grounds for rejection of the	
bid, proposal, reply, or response.		
Any firm or individual whose principal place of business is outside the	
State of Florida must also submit a written opinion of an attorney at law	
licensed to practice law in that foreign state, as to the preferences, if any or	
none, granted by the law of that foreign state to business entities whose	
principal places of business are in that foreign state, in the letting of any or	
all  public  contracts.	Failure  to	submit  such  a  written  opinion  or	
submission of a false or misleading written opinion may be grounds for	
rejection of the bid, proposal, reply, or response.	

(f)	Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. Bids, proposals, replies, and responses shall be evaluated in accordance with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive

Solicitation, and this Rule.  Minor variations in the bids, proposals, replies,		
or responses may be waived by the Board. A variation is minor if waiver		
of the variation does not create a competitive advantage or disadvantage	of		
			
a material  nature.   Mistakes  in arithmetic  extension of pricing  may  be		
corrected  by the  Board.   Bids  and  proposals  may  not  be  modified	or		
supplemented  after  opening;  provided  however,  additional  information		
may be  requested  and/or  provided to  evidence  compliance,  make  non-		
material   modifications,   clarifications,	or	supplementations,   and	as		
otherwise permitted by Florida law.					

(g)	The  lowest  Responsive  Bid,  after  taking  into  account  the  preferences
provided  for	in	this   subsection,   submitted	by	a	Responsive	and		
								
Responsible  Bidder  in  response  to  an  Invitation  to  Bid,  Request  for		
Proposals,  Invitation to  Negotiate,  or  Competitive  Solicitation  shall  be		
accepted.	If the lowest Responsive Bid is submitted by a Responsive and		
Responsible  Bidder  whose  principal  place  of	business  is  located  in  a		
foreign state which does not grant a preference in competitive purchase to		
businesses whose principal place of business are in that foreign state, the		
lowest  Responsible  and  Responsive  Bidder  whose  principal  place	of		
business is in the State of Florida shall be awarded a preference of five (5)		
percent.	If	the lowest Responsive Bid is submitted by a Responsive and		
Responsible	Bidder  whose  principal  place  of	business	is  located  in  a		

(h)

(i)

G)

(k)

foreign  state  which  grants	a  preference	in	competitive	purchase	to		
businesses whose principal place	of	business	are in that foreign state, the		
					whose	principal	place	of		
lowest  Responsible  and	Responsive	Bidder								
										a preference equal to		
business is	in the State of Florida shall be awarded			
									
the preference granted by such foreign state.													
To  assure  full	understanding	of		the  responsiveness	to  the	solicitation		
requirements  contained	in an	Invitation	to  Bid,  Request  for  Proposals,		
Invitation to Negotiate,  or Competitive	Solicitation,	discussions may	be		
															
conducted  with	qualified  vendors.		Vendors  shall  be  accorded  fair		
treatment prior to the submittal date with respect to any opportunity for		
discussion,	preparation,	and	revision	of	bids,  proposals,  replies,  and		
																			
responses.																							
The Board	shall  have the right to	reject	all		bids,	proposals,	replies,  or		
responses  because  they  exceed the  amount		of	funds  budgeted	for	the		
							
purchase,  if there  are  not  enough	to	be	competitive,  or  if	rejection  is		
determined to be in the best interest of the District.	No vendor shall be		
	reply,	or	response		
entitled  to	recover  any  costs	of	bid,  proposal,					
										
preparation or submittal from the District.														
The  Board  may  require  bidders  and  proposers  to  furnish  bid  bonds,		
performance bonds,  and/or other bonds with		a responsible	surety to  be		
approved by the Board.																					
Notice  of	intent  to  award,  including  rejection	of	some	or  all  bids,		
proposals, replies, or responses shall be provided in writing to all vendors		
by United  States  Mail,  hand  delivery,  facsimile,  or  overnight  delivery		
service.  The notice shall include the following statement:  "Failure to file		
a protest  within the  time  prescribed	in	Rule	3	.11	of the  Rules	of	the		
								under those	Rules,"	or		
District shall constitute	a waiver		of proceedings					
						purchase	of	goods,		
wording  to  that  effect.   Protests	of	the	District's					
																		
supplies, and materials under this Rule shall be in accordance with the		
procedures set forth in Rule 3 .11.																			
If less than three (3) bids, proposals,	replies, or responses are received, the		
		or								or may reject the bids,		
																		
District may purchase goods, supplies,materials,		of		competitiveness.  If	no		
proposals,	replies,  or  responses		for	a	lack								
Responsive  Bid,  Proposal,  Reply,  or Response	is	received,	the	District		
										
may take whatever steps reasonably necessary in order to proceed with the		
procurement of	goods, supplies, and materials,	which steps may include a		
		materials  without	further		
direct  purchase	of the  goods,  supplies,	and				
															
competitive selection processes.																			

(3)	Goods,  Supplies,  and  Materials  included in a  Construction  Contract Awarded
Pursuant to  Rule  3.5	or 3.6.	There may be  occasions	where  the  District has		
undergone the competitive purchase	of constmction services which contract may		
		or  materials.	In  that  instance,  the		
include  the  provision	of goods,  supplies,				
District may approve	a change	order to the contract and directly purchase the		

	goods, supplies, and materials.  Such purchase of goods, supplies, and materials		
	deducted from a competitively purchased construction contract shall be exempt		
	from this Rule.				
(4)	Exemption.  Goods, supplies, and materials that are only available from a single		
	source are exempt from this Rule.   Goods, supplies, and materials provided by		
	governmental agencies are exempt from this Rule.  A contract for goods, supplies,		
	or materials is exempt from this Rule if state or federal law prescribes with whom		
	the  District must contract  or  if the  rate  of payment  is  established  during  the		
	appropriation  process.   This  Rule  shall  not  apply  to  the  purchase  of goods,		
	suppliesmaterialsor	that are purchased under a federal, state, or local government		
	contract that has	been  competitively procured  by  such  federal,  state,  or local		
	government in a manner consistent with the material procurement requirements	of		
				
	these Rules.				

(5)	Renewal.  Contracts for the purchase of goods, supplies, and/or materials subject
to this Rule may be renewed for a period that may not exceed three	(3)	years or	
the term of the original contract, whichever period is longer.			

(6)	Emergency Purchases.  The District may make an Emergency Purchase without

complying with these rules.	The fact that an Emergency Purchase has occurred or

is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§§189.053, 190.033, 287.017, 287.084, Fla. Stat.

Rule 3.9

(1)

(2)

Maintenance Services.		
Scope.  All contracts for maintenance of any District facility or project shall be set	
under the terms of this Rule if the cost exceeds the amount provided in Section	
287.017 of the Florida Statutes, for CATEGORY FOUR.	A contract involving	
goods, supplies, and materials plus maintenance services may, in the discretion of	
the Board, be treated as a contract for maintenance services.  However, a purchase	
shall not be divided solely in order to avoid the threshold bidding requirements.	
Procedure.  When a purchase of maintenance services is within the scope of this	
Rule, the following procedures shall apply:		

(a)	The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

(b)	Notice  of the  Invitation  to  Bid,  Request  for  Proposals,  Invitation  to	
	Negotiate, or Competitive Solicitation shall be advertised at least once in a	
	newspaper of general circulation within the District and within the county	
	in which the District is located.  The notice shall also include the amount	
	of the bid bond, if one is required.  The notice shall allow at least seven (7)	
	days for submittal of bids, proposals, replies, or responses.	
(c)	The District may maintain lists of persons interested in receiving notices	
	of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and	
	Competitive Solicitations.  The District shall make a good faith effort to	
	provide  written  notice,  by  electronic  mail,  United  States  Mail,  hand	
	delivery, or facsimile, to persons who provide their name and address to	
	the  District  Manager  for  inclusion  on the  list.   However,  failure  of a	
	person to receive the notice shall not invalidate any contract awarded in	
	accordance with this Rule and shall not be a basis for a protest of any	
	contract award.	
( d)	If the District has pre-qualified suppliers of maintenance services, then, at	
	the option of the District, only those persons who have been pre-qualified	
	will be eligible to submit bids, proposals, replies, and responses.	

(e)	In order to be eligible to submit a bid, proposal, reply, or response, a firm

or individual must, at the time of receipt of the bids, proposals, replies, or

responses:

(i)	Hold the required applicable state professional licenses m good standing;

(ii)	Hold all required applicable federal licenses in good standing, if any;

(iii)	Hold a current and active Florida corporate charter or be authorized

to do business in the State of Florida in accordance with Chapter 607
of the Florida Statutes, if the vendor is a corporation; and

(f)

(g)

(h)

(i)

(iv)  Meet	any  special  pre-qualification  requirements	set	forth  in	the		
	Invitation to Bid, Request for Proposals, Invitation to Negotiate, or		
	Competitive Solicitation.											
Evidence of compliance with these Rules must be submitted with the bid,		
proposal, reply, or response if	required by the District.  Failure to submit		
evidence of	compliance when required may be grounds for rejection of the		
bid, proposal, reply, or response.										
Bids, proposals, replies, and responses shall be publicly opened at the time		
and place noted on the Invitation to Bid, Request for Proposals, Invitation		
to Negotiate,  or  Competitive Solicitation.   Bids, proposals, replies,  and		
responses shall be evaluated in accordance with the respective Invitation		
to	Bid,  Request  for  Proposals,  Invitation to  Negotiate,  or  Competitive		
Solicitation,  and these Rules.   Minor variations  in the  bids,  proposals,		
replies, and responses may be waived by the Board.  A variation is minor		
if	waiver  of	the  variation  does  not  create	a  competitive  advantage  or		
disadvantage	of a material nature.   Mistakes  in arithmetic extension of		
pricing may be corrected by the Board.  Bids and proposals may not be		
modified  or  supplemented  after  opening;  provided  however,  additional		
information may be requested and/or provided to  evidence compliance,		
make non-material modifications, clarifications, or supplementations, and		
as otherwise permitted by Florida law.								
The lowest Responsive Bid submitted in response to an Invitation to Bid		
by a Responsive and Responsible Bidder shall be accepted.  In relation to		
a	Request  for   Proposals,   Invitation	to	Negotiate	or	Competitive		
Solicitation the  Board  shall  select the  Responsive  Proposal,  Reply,  or		
Response submitted by a Responsive and Responsible Vendor which is		
most advantageous to the District.	To	assure full understanding of	the		
responsiveness to the solicitation requirements contained in a Request for		
Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions		
may be conducted with qualified vendors.  Vendors shall be accorded fair		
treatment prior to the submittal date with respect to any opportunity for		
discussion,	preparation,	and	revision	of	bids,	proposals,	replies,	or		
responses.														
The Board shall have the right	to  reject all bids,  proposals,  replies,  or		
responses  because  they	exceed the	amount  of	funds	budgeted  for	the		
purchase,  if there  are  not  enough to  be  competitive,	or  if rejection  is		
					
determined	to	be in the best interest	of	the District.  No Vendor shall be		
entitled  to	recover  any	costs	of	bid,  proposal,  reply,  or  response		
preparation or submittal from the District.							
The  Board  may  require  bidders  and  proposers  to  furnish  bid  bonds,		
performance bonds,  and/or other bonds with a responsible  surety to  be		
approved by the Board.												

(i)

Notice  of  intent  to  award,  including  rejection  of  some  or  all  bids,		
proposals, replies, or responses shall be provided in writing to all vendors		
by  United  States  Mail,  hand  delivery,  facsimile,  or  overnight  delivery		
service.  The notice shall include the following statement:  "Failure to file		
a protest  within  the  time  prescribed	in  Rule	3 .11  of	the  Rules  of	the		
District shall constitute a waiver of	proceedings under those Rules,"	or		
wording  to  that  effect.	Protests	of  the	District's	procurement	of		
							
maintenance  services  under  this  Rule  shall  be  in  accordance  with  the		
procedures set forth in Rule 3 .11.						

(k)	If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase the maintenance services or may reject the bids, proposals, replies, or responses for a lack of
competitiveness. If no Responsive Bid, Proposal, Reply, or Response is		
received,  the  District may take  whatever  steps  reasonably  necessary  in		
order to  proceed with the  procurement of maintenance	services,  which		
	services without		
steps may include a direct purchase of the maintenance			
			
further competitive selection processes.			

(3)

(4)

(5)

Exemptions.  Maintenance services that are only available from a single source		
are  exempt  from  this  Rule.   Maintenance  services  provided  by  governmental		
agencies  are  exempt  from  this  Rule.	A  contract  for  maintenance  services  is		
exempt from this Rule if state or federal law prescribes with whom the District		
must contract or if the rate of payment is  established during the appropriation		
process.					
Renewal.  Contracts for the purchase of maintenance	services subject to this Rule		
				
may be renewed for a period that may not exceed three (3) years or the term of the		
original contract, whichever period is longer.				
Contracts; Public Records.  In accordance with Florida law, each contract entered		
into pursuant to this Rule shall include provisions requiredlawby	that require the		
contractor to comply with public records laws.				

(6)	Emergency Purchases.  The District may make an Emergency Purchase without

complying with these rules.	The fact that an Emergency Purchase has occun-ed or

is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority:	§§190.011(5), 190.011(15), 190.033, Fla. Stat.

Law Implemented:  §§119.0701, 190.033, 287.017, Fla. Stat.

Rule 3.10	Contractual Services.							
(1)	Exemption from  Competitive Purchase.   Pursuant to  Section 190.033(3) of the		
	Florida  Statutes,  Contractual	Services  shall	not  be  subject  to	competitive		
	purchasing  requirements.	If	an  agreement  is	predominantly	for	Contractual		
								
	Services, but also  includes maintenance  services  or the purchase of goods  and		
	services, the contract shall not be subject to competitive purchasing requirements.		
	Regardless of whether an advertisement or solicitation for Contractual Services is		
	identified as an Invitation to Bid, Request for Proposals, Invitation to Negotiate,		
	or Competitive Solicitation,	no	rights or remedies under these Rules,  including		
	but  not  limited  to  protest rights,  are  conferred  on persons,  firms,  or  vendors		
	proposing to provide Contractual Services to the District.				

(2)	Contracts; Public Records. In accordance with Florida law, each contract for Contractual Services shall include provisions required by law that require the contractor to comply with public records laws.

Specific Authority: §§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§§119.0701, 190.011(3), 190.033, Fla. Stat.

Rule 3.11	Protests With Respect To Proceedings under Rules 3.1, 3.2, 3.3,

3.4, 3.5, 3.6, 3.8, and 3.9.

3.3,

(1)

The resolution of any protests with respect to proceedings under Rules 3.1, 3.2,

3.4, 3.5, 3.6, 3.8, and 3.9 shall be in accordance with this Rule.

Filing.

(a)	With respect to a protest regarding qualifications, specifications, documentation, or other requirements contained in a Request for

Qualifications,  Request for  Proposals, Invitation to  Bid,  or  Competitive	
Solicitation issued by the District, the notice of protest shall be filed in	
writing  within  seventy-two  (72)  calendar  hours  ( excluding  Saturdays,	
Sundays, and state holidays) after the first advertisement of the Request	
for Qualifications, Request for Proposals, Invitation to Bid, or Competitive	
Solicitation.  A formal protest setting forth with particularity the facts and	
law  upon  which  the  protest  is  based  shall  be  filed  within  seven  (7)	
calendar days (including Saturdays, Sundays, and state holidays) after the	
initial  notice  of protest was  filed.  For purposes  of this  Rule,  wherever	
applicable,  filing  will  be perfected and  deemed  to  have  occurred upon	
receipt	by the District. Failure to file a notice of protest shall constitute a	
waiver	of all rights to protest the District's intended decision.  Failure to	
file a formal written protest shall constitute an abandonment of the protest	
proceedings and shall automatically terminate the protest proceedings.	

(b)	Except for those situations covered by subsection	(1 )(a)	of this Rule, any	
	firm  or  person  who  is  affected  adversely  by	a  District's  ranking  or	
	intended award under Rules  3.1,  3.2,  3.3,  3.4,  3.5,  3.6,  3.8,  or 3.9  and	
	desires to contest the District's ranking or intended award, shall file with	
	the District a written notice  of protest within seventy-two (72)  calendar	
	hours (excluding Saturdays,  Sundays, and state holidays) after receipt of	
	the notice of the District's ranking or intended award.	A formal protest	
	setting forth with particularity the facts and law upon which the protest is	
	based shall be filed within seven (7) calendar days (including Saturdays,	
	Sundays, and state holidays)  after the initial notice of	protest was filed.	
	For purposes  of this Rule,  wherever applicable,  filing  will be perfected	
	and deemed to have occurred upon receipt by the District. Failure to file a	
	notice  of protest  shall  constitute  a  waiver  of all  rights  to  protest  the	
	District's  ranking  or  intended  award.   Failure  to  file	a  formal  written	
	protest  shall  constitute  an  abandonment  of the  protest proceedings  and	
	shall automatically terminate the protest proceedings.		

(c)	If disclosed  in  the  District's  competitive  solicitation  documents  for  a

particular purchase under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, or 3.9, the	
Board may  require  any  person  who  files	a  notice  of protest  to  post  a	
protest bondequalinthe amount	to 1% of	the anticipated contract amount	
that is the subject of the protest.  In the event the protest is successful, the	
protest bond shall be refunded to the protestor.  In the event the protest is	
unsuccessful, the protest bond shall be applied towards the District's costs,	

(2)

(3)

(4)

	expenses, and attorney's fees  associated with hearing and defending the	
	protest.	In the event the protest is  settled by mutual agreement of the	
	parties, the protest bond shall be distributed as	agreed to by the District	
	and protestor.			
(d)	The  District  does  not  accept  documents  filed  by  electronic  mail  or	
	facsimile transmission.  Filings are only accepted during normal business	
	hours.				
Contract Execution.  Upon receipt of a notice of protest which has been timely	
filed, the District shall not execute the contract under protest until the subject of	
the protest is resolved.   However, if the District sets forth in writing particular	
facts and circumstances showing that delay incident to	protest proceedings will	
jeopardize the funding  for the project, will  materially increase the  cost of the	
project,  or  will  create  an immediate  and  serious  danger  to  the  public  health,	
safety, or welfare, the contract may be executed.		
Informal  Proceeding.  If the  Board  determines  a  protest  does  not  involve  a	
disputed issue of material fact, the Board may, but is not obligated to, schedule an	
informal proceeding to consider the protest.  Such informal proceeding shall be at	
a time and place determined by the Board.	Notice of	such proceeding shall be	
sent via facsimile, United States Mail, or hand delivery	to the protestor and any	
substantially affected persons or parties not less than three (3) calendar days prior	
to  such  informal  proceeding.   Within thirty  (30)  calendar  days  following  the	
informal proceeding, the Board shall  issue  a written decision setting forth the	
factual, legal, and policy grounds for its decision.		
Formal Proceeding. If the Board determines a protest involves disputed issues of	
material fact or	if the Board elects not to	use the informal proceeding process	
provided  for  in  section  (3)  of this  Rule,  the  District  shall  schedule  a formal	
hearing to resolve the protest.  The Chairperson shall designate any member of the	
Board (including the Chairperson), District Manager, District Counsel, or other	
person	as a hearing officer to conduct the hearing.  The hearing officer may:	

(a)	Administer oaths and affirmations;

(b)	Rule upon offers of proof and receive relevant evidence;	
(c)	Regulate the course of the hearing, including any pre-hearing matters;	
(d)	Enter orders; and	
(e)	Make or receive offers of settlement, stipulation, and adjustment.	

The hearing officer shall, within thirty (30) days after the hearing or receipt	of the		
hearing  transcript,  whichever  is  later,  file  a  recommended	order  which	shall		
				
include a caption, time and place of hearing, appearances entered at the hearing,		
statement of the issues, findings	of fact and conclusions of law, separately stated,		
and a recommendation for final	District action.   The District shall  allow each		

(5)

(6)

(7)

party fifteen (15) days in which to submit written exceptions to the recommended
order.	The District shall issue a final order within sixty (60) days after the filing
of the recommended order.

Intervenors.  Other  substantially  affected  persons  may join the  proceedings  as

intervenors on appropriate terms which shall not unduly delay the proceedings.

Rejection  of all  Qualifications,  Bids,  Proposals,  Replies	and  Responses	after
Receipt of Notice of Protest.  If the Board determines there was a violation oflaw,
defect or an irregularity in the competitive solicitation process, or if the Board

determines it is otherwise in the District's best interest, the Board may reject all
qualifications,  bids, proposals, replies,  and responses  and start the  competitive
solicitation process anew.	If the Board decides to reject all qualifications, bids,

proposals,  replies,  and responses  and  start the  competitive  solicitation process

anew, any pending protests shall automatically terminate.

Settlement. Nothing herein shall preclude the settlement of any protest under this Rule at any time.

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.	
Law Implemented:	§190.033, Fla. Stat.	

Rule 4.0

Effective Date.

These Rules shall be effective September 19, 2018, except that no election of officers
by	required	these Rules shall be required until after the next regular election for the Board.

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§§190.011(5), 190.011(15), Fla. Stat.

North

Powerline Road

Community

Development District

Funding

Request

No. 003

N. POWERLINE ROAD
COMMUNITY	DEVELOPMENT

DISTRICT

Funding Request No. 003

8/28/2018

Item	Vendor	
No.		
1	Business Observer	
	Legal Advertising	
	Legal Advertising	
2	Department of Economic Opportunity	
	Annual DEO Fee	
3	Fishkind & Associates	
	August District Management	
4	Hopping Green & Sams	
	Bond Validation 2018	
	General Counsel	

Invoice	General	
Number	Fund	
18-01485K	$96.25	
18-01483K	$332.52	
71268	$100.00	
23202	$1,805.96	
102205	$1,874.75	
102204	$2,679.10	

5

6

The Ledger			
Legal Advertising	L060G01KVL	$281.17	
North Powerline Road COD Board Members			
Heath, Rennie	8152018	$200.00	
Schwenk, Lauren	8152018	$200.00	
Rhinehart, Andrew	8152018	$200.00	
Allende, Phillip	8152018	$200.00	
Chinoy, Kevin	8152018	$200.00	

TOTAL

$8,169.75

Board Member

Please Return To:

N. Powerline Road COD

clo Fishkind Associates

12051 Corporate Boulevard

Orlando, FL 32817

Business Observer		
1970 Main Street		
3rd	Floor		
Sarasota, FL 34236		
INVOICE	'		
941-906-9386 x322		
Legal Advertising			
Invoice# 18-01485K	08/17/2018Date		

Attn:		Please make checks payable to:		
	Associates, Inc.	(Please note Invoice # on check)		
Fishkind &				
12051 CORPORATE BLVD.	Business Observer		
ORLANDO	FL 32817	1970 Main Street		
		3rd Floor		
				
		Sarasota, FL 34236		

Description					
'Serial#18-01485K		Regarding the Rules	of Procedure		
Notice of Rudemaking				
				
RE: North Powerline	Road Community Development District		
Published: 8/17/2018				

Amount

.  $96.25

I

Important Message

Paid	•·o··		
			
Total	$96.25		
			
Payment is expected within 30 days of the		
first publication date of your notice.		
RECEIVED	A\\11  202018		

Attention:

If you
your

are a government agency and notice per F.S. revision 50.061,

you believe that you qualify for a please inform Kristen Boothroyd

15% discount to the second insertion directly at 941-906-9386 x323.

of

The
that

		NOTICE		statutes and ordinances and		
Business Observer makes every effort to ensure that its public notice advertising	is accurate and in full compliance with ail applicable			
				
we	ask that our advertisers scrutinize	published ads carefully and alert us immediately to any errors so that we may correct		
its infonnation is correct. Nevertheless,		for mistakes beyond bearing the cost of republishing	advertisements that contain errors.		
them as soon as possible. We cannot accept responsibility				

Business Observer
1970 Main Street
3rd Floor
Sarasota, FL 34236
INVOICE
941-906-9386 x322
Legal Advertising

NOTICE

OF

RULEMAKING

REGARDING

THE

RULES

OF

PROCEDURE

OF

THE

NORTH

POWERLINE

ROAD

COl\lMUNITYDEVELOPMENT

DISTRICT

A public hearing	will be conducted by the Board of Supervisors of the No1th Power-		
line Road Community Development District on September 19, 2018 1tt	10:00	a.111,,		
at Offices ofCllSsidy Homes, 346 East Central Ave., Winter Haven, Florida 33880.		
Tu accord with Cliapters 120 and 190,	Florida Statutes, the North Powerline	Road		
Community Development District (the "Dist1ict'') hereby	gives the public notice of		
its intent to adopt its proposed Rules of Procedure.  The	purpose and effect of the		
proposed Rules of Procedure is to provide for efficient and effective Disllict opera-		
tions.  Prior notice of rule development WllS	published in	the Ledger on August 16,		
2018.						1tddress	such arens ns	the Board of Superl'isors, of-		
The Rules of Procedure may					
ficers  and	voting, district		offices,	public information and inspection of records,		
policies, public meetlng-s,		hearings and workshops, rulemaking proceedings and		
competitive purcl11lSe including procedure under the Consultants Competitive Ne-		
gotiation Act, procedure regarding auditor selection, purchase of insurance, pre-		
qualification, constn1ction contracts, goods, supplies and materials, mnintenance		
services, contractual services and protests with respect to proceedings, as	well os any		
other nrea of the genernl operation of the Dist1ict.										
Spe.cific legal authority for the adoption of the proposed Rules of Procedure in-		
cludes Sections 190.011(5), 1.')0.011(15)	and 190.035,	Flodda Statutes	(2016). The		
specific laws implemented in the Rules	of Procedure include, but are not limited to,		
Sections 112.08,	112.3143,	119.07,	189.053, 190.006, 190.007, 190.008,	1!)0.011(3),		
190.011(5),	190.011(15),	190.033, 190.035,	218.391,	255.05,	255.0518,	255.0525,		
255.20, 286.0105, 286.011,	287.017, 287.055 and 287.084,	Florida Statutes	(2016).		
A copy of the proposed Rules of Procedure n111y be obtained by contacting the		
District Manager at 12051	Corpornte Blvd., Orlando, Florida  32817 or by calling		
(407) 382-3256.																		
Any person who ,vishes to provide the District ,vith a proposal for a lower cost		
regulatory alternative as	provided	by Section 120.541(1), Florida Statutes,	must do		
so in writing within twenty one	(21) days after publication of	this notice	to	the Dis-		
trict Manager, 12051 Corporate	Blvd., Orlando, Flotida 32817.	be specified		
This public hearing may be continued to a date, time, and pince to			
on the record at the hearing.  Ifanyone chooses to nppeal	any	decision of the Bon rd		
v.qth respect to any matter considered nt a public hearing, such person ,,qi\ need a		
record of the proceeding1i	mid should accordingly ensure that ll verbatim record of		
the proceedings	is made which includes the testimony nncl	evidence upon which		
such appeal is to	be based. At the hearing, staff, or Supervisors maypa1ticipnte	in the		
public hearing by speaker telephone.									requir-		
Pursuant to provisions	of the Americans with Disabilities Act, any pe11ion			
ing special accommodations at this meeting because of II disability or physical im-		
pai11nent should contact the Distlict Office at (407) 382-32561tt least 48	hom-s prior		
to the meeting.	If you are healing or speech impaired, please contact the	Flo1ida		
Relay Service by dialing	7-1-1, or l-800-955-8771 (TTY)/ 1-800-!)55-8770	(Voice),		
for aid in contacting the District Office.												
Jane Gaarlandt, District :Manager							18-0l485K		
August 17,	2018														

Attention: If you are a government agency and you believe that you qualify fordiscounta15%	to the second Insertion of	
your notice per F.S. revision 50.061, please Inform Kristen Boothroyd directly at 941-906-9386 x323.	

The
that

NOTICE			
Business Observer makes every effort lo ensure that its public notice advertising is accurate and in full compliance with all applicable statutes and ordinances and		
its infonnation is correct. Nevertheless, we ask that our advertisers scrutinize published ads carefully and alert us immediately to any errors so that we may correct		
them as soon as possible. We cannot accept responsibility for mistakes beyond bearing the cost of republishing advertisements	that contain errors.		

INVOICE

Legal Advertising

Invoice# 18-01483K

Business Observer
1970 Main Street
3rd Floor
Sarasota, FL 34236
'
941-906-9386 x322

Date 08/17/2018

Attn:						Please make checks payable to:		
	Associates, Inc.		(Please note Invoice # on check)		
Fishkind &					
12051 CORPORATE BLVD.		Business Observer		
ORLANDO  FL 32817		1970 Main Street		
		3rd Floor		
								
						Sarasota, FL 34236		
Description	·	·····    ···	······	·· ·--·		
serlai II rn~o-f4ssk						
Notice of Districtl:'s	Intent to Use the Uniform Method of		
l	of Non-Ad Valorem Special Assessments		
'Collections			
RE: North Powerline	Road Community Development District		
Published: 8/17/2018,	8/24/2018, 8/31/2018, 9/7/2018			

Amount

$332.52 .

Important

Message

·-• ..,n'{f.,r•c•s-•.•· ·•· .· ··..·,· 1
Paid
Total	$332.52	·1		
				
Payment is expected	within 30 days of	the		
first publication date of your notice.		

RECEIVED

AIIG

2 0

?018

The
that

Attention: If you are a government agency and you believe that you qualify for a 15% discount to the second	insertion of		
			
your notice per F.S. revision 50.061, please inform Kristen Boothroyd directly at 941-906-9386 x323,		
	NOTICE				'		
Business Observer makes every effort to ensure that its public notice advertising	is accurate and in full compliance with all applicable	statutes and ordinances and		
		immediately	to any errors so that we may correct		
its information is correct. Nevertheless, we ask that our advertisers scrutinize published ads carefully usand alert				
					
them as soon as possible, \Ve cannot accept responsibility	for mistakes beyond bearing the cost of republishing	advertisements that contain errors.		

INVOICE

Legal Advertising

Business Observer
1970 Main Street
3rd Floor
Sarasota, FL 34236
'
941-906-9386 x322

NORTII

POWERLINE

ROAD COl'IIMUNITYDEVELOPMENTDISTRICT

NOTICE OF THE DISTRICT1S OF COLLECTION OF NON-

INTENT TO USE THE UNIFORl'II METHOD
AD VALOREM SPECIAL ASSFBSMENTS

Notice is hereby given that the North Powerline	Road Community Development		
District (the "District") intends to use the uniform method of collecting non-nd vo.-		
lorem spednl assessments to be levied by the District pursuant to Section 197.3632-,		
Florida. Statute1J.	The Board of Supervisors of the District	will conduct n public		
hearing on September 19, 2018 at IO :00 a.m. llt Cassidy Offices, 346 East Central		
Avenue, Winter Haven, FL33880.									au-		
The purpose of the public hearing is to consider the adoption		of a resolution			
thorizing the District to use the uniform method of collecting non-ad vnlorem spe-		
cinl assessments (the "Uniform Method") to he lel'ied by the District on properties		
located on land included in, or to he added to, the District.	for the purpose of fi-		
The District may levy non-ad valorem special assessments			
nancing, acquiring; maintaining and/or opernting community development facili-		
ties, services and improvements within and without the boundaries	of the Distl'ict,		
to consist of, among other things, offaite improvements,	stormwater managements		
systems, water, sewer, roadway improvements, landscape, irrigation, signage and		
street lighting improvements, parks and amenity iinprovements,		nnd any other lmv-		
							
ful improvements or services of the District.					parties may appear		
Owners of the properties to be assessed and other interested			
at tl1e public herufog nnd he heard regarding the use	of	the Uniform Method. This		
hearing is open to the public and ,viii he conducted	in accordance with the pro-		
visions of Florida law. The public heruing may he continued to a date, time, and		
location to be specified on the record at tl1e hearing. There may	lle occasions when		
Supenisors or District Stnffmay participate by spenker telephone.					
Pursuant to prmisions of the Amelicans 11ith Disabilities Act,	any person requir-		
ing special nccommodutions at this meeting because	of	a disuhility	or physical	im-		
pairment should contact the District Office at (407) 382-3256	atleast48	hours prim		
to the meeting.	If you are hearing or speech impaired, please contact	the Florida		
Relay Service hy dialing 7+1, or 1-800-955-8771	(TIY)	/ 1-800-955-8770 (Voice),		
for aid in contacting the District Office.											
A person who decides to appeal uny decision made at the meeting 1vith respect		
to any matter considered at the meeting is advised that person will need a record of		
the proceedings and that accordingly, the person may need to ensure thnt n verbatim		
record of the proceedings is made, including the testimony and evidence upon which		
such appeal is to be based,											

Jane Gaarlandt
District Manager

August 17, 24, 31;

September

7,

2018

18-01483K

Attention: If you are a government agency and

your notice per F.S. revision 50.061,

you believe that you qualify for a

please inform Kristen Boothroyd

15% discount to the second insertion

directly at 941•906-9386 x323.

of

The
that

NOTICE			statutes and ordinances and		
Business Observer makes every effort to ensure that its public notice advertising is accurate and in full compliance with all applicable			
			
its information is correct. Nevertheless, we ask that our advertisers scrutinize published ads carefully and alert us immediately	to any errors so that we may correct		
them as soon as possible. We cannot accept responsibility for mistakes beyond bearing the cost of republishing	advertisements that contain errors.		

Florida

Required by

Department of Economic	Opportunity, Special District Accountability Program		
FY 2017/2018	Special District	ree Invoice and Update Form	Code		
Sections 189.064 and 189.018, Florida Statutes, and Chapter 73C-24, Florida Administrative			

Invoice No.: 71268		
Annual Fee: $100.00	Late Fee: $0.00	

	Date Invoiced: 07/19/2018	
Received: $0,00	Total Due Postmarked b	09/17/2018: $100.00	

STEP

1:

Review the following

information,

make changes

directly

on

the form, and sign and date:

1. Special District'sName, Registered Agent'sName, and Registered Office Address:

North Powerline Road Community Development District

Mr. Roy Van Wyk

Hopping Green and Sams, P.A.

119 South Monroe Street, Suite 300

Tallahassee, FL 32301

FLORIDA DEPARTMENTef
ECONOMIC  OPPORTUNITY

RECEIVED	AUG	1	B°'"20	B		
				1		

2.	Telephone:

3.	Fax:

4.	Email:

5.	Status:

6.	Governing Body:

7.	Website Address:

8.	County(ies):

9.	Function(s):

10. Boundary Map on File:

11.	Creation Document on File:

12.	Date Established:

13.	Creation Method:

14.	Local Governing Authority:

15.	Creation Document(s):

16.	Statutory Authority:

17.	Authority to Issue Bonds:

18.	Revenue Source(s):

19.	Most Recent Update:

(850)	222-7500

(850)	224-8551 RoyV@hgslaw.com Independent Elected
\WA"dJertl 1Poove1	Iii 1eReedGDD.ee1	,,		
				
Polk				
Community Development			
07/18/2018				
07/18/2018				
06/05/2018				
Local Ordinance				
Polk County				
County Ordinance 18-036			
Chapter 190, Florida Statutes			
Yes				
Assessments				
07/19/2018				

I do hereby certify that the informa		above (changes noted if necessary) is accurate and completl	as	oflthis date.			
								Date   e,~	16 ~  l'b			
Registered Agent'sSignature:	----,.,ll"-----Ci""-<---------------					

STEP 2:	Pay the annual fee or ce	I	eligi  ility	r the zero fee:											
a.	Pay the Annual Fee: Pay the annua	e online by following the instructions at www.Floridajobs.org/SpecialDistriclFee  or by check		
															
	payable to the Department of Economic	Opportunity.												
															
b.	Or, Certify Eligibilitythe for				Zero Fee:  By initialing each of the following items, I, the above signed	registered agent, do hereby			
										
	certify that to the best of my knowledge and belief, ALL of the following statements contained herein and on any attachments			
	hereto are true, correct, complete,	and made in good faith as of this date. I understand	that any information I give may be verified.			

1.__	This special district	and its Certified Public Accountant determined the special district	is not a component unit of a local			

			general-purpose government.														
2.	__	This special district is in compliance with the reporting requirements of the Department	of Financial Services.			
								
3.	__	This special district reported $3,000 or less	in annual	revenues lo the Department	of	Financial Services on its Fiscal Year			

			2016/2017 Annual Financial	Report (if created since then, attach an income	statement verifying $3,000 or less in revenues).			
														
																_		
Department Use Only: Approved:	__ Denied:	__ Reason:	_________________________			

																		
STEP	3:	Make a copy of this form for your records.													
STEP	4:	Mail this form and payment (if paying by check)	lo the Department of Economic Opportunity, Bureau	of Budget Management,			
							
		107 E. Madison Street, MSC 120, Tallahassee,	FL 32399-4124.  Direct any questions to (850) 717-8430.			

Rick Scott

GOVERNOR

Cissy Proctor

EXECUTIVE DIRECTOR

FLORIDA DEPARTMENT of
ECONOMIC  OPPORTUNITY

July 19, 2018

Mr. Roy Van Wyk
Hopping, Green and Sams, PA
119 South Monroe Street, Suite 300

Tallahassee, Florida 32301

Re:

North Powerline Road Community Development District

Established by Polk County Ordinance 18-036

Dear Mr. Van Wyk:

Ms. Amy Hembree recently registered the above referenced special district with the Special District

Accountability Program and identified you as its registered agent. In accordance with Section 189.061(1),

Florida Statutes, I have classified the district'sstatus as independent.

All special districts must comply with the requirements of Chapter 189, Florida Statutes, and Rule Chapter

73C-24, Florida Administrative Code. As part of these requirements, please verify and update the

information on the enclosed Special District Fee Invoice and Update Form, sign and date it, then return it

along with the required state fee to the address below by the due date on the form. It is very important

that the information on this form be complete and accurate since we must make this information available
through the Official List of Special Districts Online. As an option, you may pay the state fee with a Visa or
MasterCard at FloridaJobs.org/SpecialDistrictFee.

Department of Economic Opportunity

Bureau of Budget Management
107 E. Madison Street, MSC 120

Tallahassee, FL 32399-4124

Please visit the Florida Special District Handbook Online at FloridaJobs.org/SpecialDistrictHandbook to

learn about special district requirements, such as the annual state fee, website content and financial
reportingof to the Department	Financial Services and the Auditor General. If you have any questions,
please do not hesitate to call me at (850) 717-8430.

i~cere~

Jack Gaskins Jr.

Special District Accountabilit

Enc.:

Special

District

Fee

Invoice

and

Update Form

cc:	Polk County Clerk (w/o enclosure)

An

Florida Department of Economic Opportunity I Caldwell Building I 107 E. Madison Street I Tallahassee, FL 32399
850.245. 7105 I www.floridajobs.org
www.twitter.com/FLDEO I www.facebook.com/FLDEO

equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY mo equipment via the Florida Relay Service at 711.

1-lopping

reen

&Sarns

Attorneys

and

Counselors

August

13,

2018

Ms. Jane Gaarlandt								
Fishkind & Associates								
12051 Corporate Boulevard								
Orlando, Florida  32817								
Re:	Special District Fee Invoice and Update Forms					
Dear Jane:									
Please  find  enclosed  the  above-referenced  form  from  the  Department	of	Economic		
Opportunity for the North Powerline Road and Lucerne Park Community Development Districts.		
Please  remit	payment  directly	to  the  Department	of  Economic	Opportunity  no	later  than		
								
			a late fee.						
September 18,	2018 to avoid incurring							

Ilk

Please give me a call if you have any questions.	Thanks.

Sincerely,
~~~
Lou Ann Kuehlke

Legal Assistant to Roy Van Wyk

Enclosures

Post

Office

Box

6526

Tallahassee,

Florida

32314

119 S.

Monroe

Street,

Suite

300

(32301)

850.222.7500

850.224.8551

fax

www.hgslaw.com

Fishkind	& Associates,	Inc.		
				
12051	Corporate Blvd.		
Orlando, FL 32817			

FISHKIND

& ASSOCIAfES
-~,	~

North Powerline Road CDD		
c/o Fishkind & Associates,	Inc.		
			
12051 Corporate Blvd			
Orlando, FL 32817			

RECEIVED

Invoice

Invoice#:  123202

8/13/2018

AU(j 1 4	7018	

File: NorthPowerlineRdCDD

Services:

District Management Fee: Aug 2018

Copies

Postage

Conference Calls

North Powerline	Rd CD		
			
Amount		
1,666.67		
	124.80		
	2.52		
	11.97		

Please include the invoice

number on your remittance

and submit to:

Fishkind & Associates, Inc.

12051 Corporate Blvd.

Orlando, FL 32817

Ph: 407-382-3256

Fax:407-382-3254
www.fishkind.com

Balance Due	$1,805.96	

Copy Count

Account:

N.

Vo10tdlce

Rd

Amount

of

Copies:

___

.

~J:	2		
			
_l--'-)~,)		

_____~j)\_

Total$:

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

Month:

July

pltney

bowes

0

Account Summary Report

Date Range: July 1, 2018 to July 31, 2018

Meter Group: All Meters

Meter 1W00 • 1376538 OLD at ORLANDO, FL

Meter 4W00 • 0347354 at ORLANDO, FL

Meter Details

-,_,~:_

Meter~Naffle

-

I Serial Numhgr I PbP'Account Number'!

,oRlANDO, FL	'4WOO	• 0347354	oLO		
!ORLANOO, FL	pwoo	•1376538			

'0347354	j24978470	'	
1376538	j24978470		
1			

Account Summary

'.North

Rfver

Ranch

COD

Grand Total,

$2,520.

MODERATOR

BILLING REF# 1

4516136	- Jane Gaarlandt	

BILLING

REF# 2

LOCATION

Orlando, FL

BILLING REF# 3

BILLING REF# 4			
CONF. NO	COST CENTER		
1977510	f	'')(		
				
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CONF. DATE

p6/14/2018

p6/14/2018

CONF. TITLE/ NAME/	AN!		
			
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TIME		SERVICE		
				
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ACCESS TYPE

OLL FREE

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PERSONS

1

1

UNITS

10

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RATE

0.09/MIN

0.09/MIN

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0.90

1.08

TAX

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CALL TOTAL

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9:40AM	• 9:51AM	
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1:29PM • 1:33PM

1:32PM • 3:10PM

GLOBAi.MEET@	AUDIO

GLOBAi.MEET®	AUDIO

GLOBAi.MEET@	AUDIO

lioW-,,-l-tfiL

J6/20/2018

18633243698

troll FREE		
~OLL FREE		
	OLLFREE		
	OLL FREE		
	OLL FREE		
-	.	-	

1	3	0.09/MIN	
1	14	0.09/MIN	
1	13	0.09/MIN	
1	4	0.09/MIN	
1	98	0.09/MIN	

0.27

1.26

1.17

0.36

8.82

0.06

0.30

p.29,

p.09

12.14

P.33

~.56

CONF. NO

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CONF. DATE

)6/20/2018

J6/20/2018

J6/20/2018

06/20/2018

Ub/LU/ LU18

06/20/2018

06/20/2018

06/30/2018

r-			
CONF. TITLE/ NAME/	AN!		
			
18636620018			
14073823256			
14074182437			
18636620018			
14073823256			
18636620018			
14074182437			

TIME		
1:32PM •	2:08PM	
1:35PM •	2:08PM	
1:38PM •	2:08PM	
2:11PM•	2:19PM	
2:26PM -;3:10PM	
2:26PM •	3:10PM	
2:33PM • 3:09PM	
7:59PM	

SERVICE	
GLOBAi.MEET@	AUDIO	
GLOBAi.MEET@	AUDIO	
GLOBALMEET®	AUDIO	
GLOBAlMEET®	AUDIO	
GLOBAi.MEET@ AUDIO	
GLOBAi.MEET®	AUDIO	
GLOBAi.MEET®	AUDIO	
\MEET PLUS·MONTHLY	

ACCESS TYPE

OLL FREE

OLL FREE

OLL FREE

OLL FREE

OLL FREE

~OLL FREE

troll FREE

PERSONS

1

1

1

1

1

1

1

UNITS

36

33

30

8

44

44

36

1

RATE

0.09/MIN

0.09/MIN

0.09/MIN

0.09/MIN

0.09/MIN

0.09/MIN

0.09/MIN

29.00/EACH

CHARGE

3.24

2.97

2.70

0.72

3.96

3.96

3.24

29.00

TAX

p.79

p.72

p.65

,.18

0.96

,.96

a.79

o.oo

CALL TOTAL

\\y1

38.71

29.00

TOTAL PRE-TAX	.z2.56	TOTAL USFLOTHER	10.56	TOTALSTATETAXLOTHER		

						

o.oo	TOTAL	MODERATOR CHARGES	USDSS:3".12		

Hopping Green &

Attorneys and Counselors

Sams

119

S.

Monroe Street, Ste.

P.O. Box 6526

300

Tallahassee,

FL

32314

850.222.7500

=================================

STATEMENT

=================================

North Powerline Road CDD

Jane Gaarlandt, District Manager

c/o Fish kind & Associates

12051 Corporate Blvd.

Orlando, FL  32817

August 23, 2018

RECEIVED	AUG  28	2018	

Bill

Billed

Number	102205	
through	07/31/2018	

Bond Validation

NPRCDD	00102	RVW

FOR PROFESSIONAL SERVICES RENDERED

07/09/18	SRS	Review master engineer'sreport.

0.20 hrs

07/23/18	SSW	
07/25/18	SRS	
07/26/18	SRS	
07/26/18	DGW	
07/27/18	SRS	
07/27/18	DGW	
07/29/18	SRS	
07/30/18	SRS	
07/30/18	DGW	

Follow-up regarding status of bond validation complaint.	
Prepare bond validation complaint; confer with	Evans regarding same.	
Prepare bond validation complaint; confer with	Evans regarding same.	
Prepare notice and order to show cause, joint stipulation and exhibits; research	
local rules and judge'srules.		
Prepare bond validation complaint.		
Prepare prehearing memorandum of law and joint stipulation; prepare and file	
bond validation complaint.		
Confer with Avalon regarding bond validation complaint and assessment report.	
Review answer and acceptance of service; confer with Avalon regarding same.	
Review state'sanswer and acknowledgment of service; update documents with	
case number and judge'sinformation.		

0.30 hrs	
1.60	hrs	
1.20		hrs	
1.50		hrs	
0.80	hrs	
1.80	hrs	
0.30		hrs	
0.40		hrs	
0.60		hrs	

07/31/18	DGW	Update and revise joint stipulation.	
	Total fees for this matter	

0.40 hrs

$1,847.50

DISBURSEMENTS	27.25		
Document Reproduction			
			
Total disbursements for this matter	$27.25		
MATTER SUMMARY			

Wilbourn, David - Paralegal

4.30

hrs

145 /hr	$623.50	

Bond

Validation

2018

Bill

No.

102205

Page

2

===========================================---======-------=---------------------------

Sandy, Sarah R.

Warren, Sarah S.

4.50	hrs	
0.30	hrs	

255

255

/hr

/hr

$1,147.50

$76.50

TOTAL FEES

TOTAL DISBURSEMENTS

TOTAL CHARGES FOR THIS MATTER

BILLING SUMMARY

Wilbourn, David - Paralegal

Sandy, Sarah R.

Warren, Sarah S.

TOTAL FEES

TOTAL DISBURSEMENTS

TOTAL CHARGES FOR THIS BILL

4.30	hrs	
4.50	hrs	
0.30	hrs	

145

255

255

/hr

/hr

/hr

$1,847.50

$27.25

$1,874.75

$623.50

$1,147.50

$76.50

$1,847.50

$27.25

$1,874.75

Please

include

the

bill

number

on

vour check.

l--lopping Green &

Attorneys and Counselors

Sams

119

S.

Monroe Street, Sle.

P.O. Box 6526

300

Tallahassee,

FL

32314

850.222.7500

=================================

STATEMENT

=================================

North Powerline Road COD

Jane Gaarlandt, District Manager

c/o Fishkind & Associates

12051 Corporate Blvd.

Orlando, FL  32817

August 23,	2018	

RECEIVED	AUG  20	2018	

Bill Number	102204	
Billed through	07/31/2018	

General Counsel/Monthly Meeting			
NPRCDD	00001	RVW			
FOR PROFESSIONAL SERVICES RENDERED			
07/04/18	AHJ	Prepare 170.03 and 170.07 assessment resolutions, landowner election		
		documents, budget resolutions, and notices regarding budget hearing and		
		hearing on uniform method of collection.			
07/11/18	SRS	Review board meeting agenda and organizational meeting minutes; prepare		
		170.03 and 170.07 resolutions; confer with Plenzler regarding the master		
		assessment report.			
07/12/18	SRS	Prepare for and attend development status conference call.			
07/16/18	SRS	Prepare for board meeting.			
07/17/18	SRS	Prepare for board meeting; prepare notice of landowners'election	.		
					
07/18/18	SRS	Travel to and attend board meeting; return travel.			
07/18/18	AHJ	Confer with Gaskins regarding ordinance, general location map, registered		
		agent and web page; prepare updates to district file regarding same and		
		development status chart.			
07/19/18	SRS	Conduct meeting follow-up.			
07/23/18	AHJ	Confer with Gaskins regarding special district fee invoice and update form.		
07/24/18	SRS	Prepare notice of termination for district management services.			
07/25/18	AHJ	Prepare mailed and published notices.			
07/26/18	SRS	Prepare for and attend development status conference call.			
	Total fees for this matter			
DISBURSEMENTS				
	Conference Calls			
	Document Reproduction			
	Travel				

0.90	hrs	
1.80 hrs	
0.20	hrs	
0.90	hrs	
1.80 hrs	
3.50	hrs	
0.60	hrs	
0.20	hrs	
0.10	hrs	
0.30	hrs	
0.30	hrs	
0.20	hrs	
$2,545.00	
1.49	
16.25	
101.12	

General Counsel/Monthly Meetin

Bill

No.

102204

Page

2

=------------	=-=--=-===-----====---====---=============================================		
	Travel - Meals	15.24		
				
	Total disbursements for this matter	$134.10		

MATIER SUMMARY

Jaskolski, Amy H. - Paralegal

Sandy, Sarah R.

TOTAL FEES

TOTAL DISBURSEMENTS

TOTAL CHARGES FOR THIS MATTER BILLING SUMMARY

Jaskolski, Amy H. - Paralegal

Sandy, Sarah R.

TOTAL FEES

TOTAL DISBURSEMENTS

TOTAL CHARGES FOR THIS BILL

1.90 hrs	145 /hr	$275.50	
8.90 hrs	255 /hr	$2,269.50	
		$2,545.00	
		$134.10	
		$2,679.10	

1.90	hrs	145	/hr	$275.50	
8.90	hrs	255	/hr	$2,269.50	
				$2,545.00	
				$134.10	
				$2,679.10	

Please

include

the

bill

number

on

vour check.

Hopping

Green

&Sarns

Attorneys

and

Counselors

August 23, 2018

RECEIVED

AUG

Z8

2018

North PowerlineCommunityRoad	Development District	
c/o Jane Gaarlandt, District Manager	
Fishkind & Associates		
12051 Corporate Boulevard		
Orlando, Florida  32817		
Re:	North Powerline Road Community Development District	

Dear Ms. Gaarlandt:

Enclosed	please	find	our	billing	statements

expenses	incurred	through	July,	2018,	on	behalf  of

Development District.	Please remit payment as soon as

for	professional	services	rendered	and

the  North	Powerline  Road  Community

possible.

If

you have any questions, please feel free

to

give me a call. Thank you.

Sincerely,

for Roy

Van

Wyk

RVW/lk

Enclosures

Post

Office

Box

6526

Tallahassee,

Florida

32314

119

S.

Monroe

Street,

Suite

300

(32301)

850.222.7500

850.224.8551

fax

1•1w1·1.hgslaw.com

I

THE LEDGER			
LEGAL ADVERTISING				
FEDERAL ID# 47 2464860				
BILLED ACCOUNT NAME AND ADDRESS		
SONALI PATIL				
NORTH POWERLINE	RD COD/	FISHKIND		
				
12051 CORPORATE BLVD			
ORLANDO, FL  32817				

INVOICE NLJMBER •

L060G0IKVL

BILLED ACCOUNT NUMBER

760437

REMITTANOE ADDRESS

LAKELAND LEDGER PUBLISHING

PO BOX 913004

ORLANDO, FL 32891

DATE

PLEASE RETURN THIS INVOICE ALONG WTH YOUR REMITTANCE		
NEWSPAPER	Description	Size		
REFERENCE				

PAID

NET

AMOUNT

8/16/2018	L060G0IKVL	RULES OF PROCEDURE

RECEIVED	AllG  2 8	2018		

1X 58

$

281

.17

BILLED ACCOUNT NUMBER:	760437	

TOTAL

AMOUNT

DUE

$281.17

THE LEDGER,

LEGAL ADVERTISING,

PO BOX 408, LAKELAND,

FL

33801

North Powerline Road Community Development District

Date of Meeting: August 15, 2018

Board Members:	
1.	Rennie Heath	
2.	Lauren Schwenk	
3.	Andrew Rhinehart	
4.	Phillip Allende	
5.	Kevin Chinoy	

Attendance

X

X

X

X

X

Fee

$200

$200

$200

$200

$200

$1,000

RECEIVED

AUG

1

5·2018

Approved For Payment:
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~			
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Date	I	I