----·
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MEMORANDUM

Cffi CJAl	fttE COPY
CLEFU< 0F	THE BOP.RD
OF COUNTY COMM!SS !ONE.!-·
G't. DE COU NTY. FL0 R!; 'I"

\	y
.
-------

TO:	Honorable Chairperson Barbara Carey-Shuler, Ed.D. and Members, Board of County Commissioners

FROM: George ,.,.,.	(.,.,..,....-
Countl	(1

Agenda Item No.	4(M)

(Public Hearing 4-13-04)
DATE:	March  16,	2004

SUBJECT: Ordinance Creating
Bluewaters Community Development District

RECOMMENDATION

It is recommended that the Board adopt the attached ordinance creating the Bluewaters Community Development District (CDD) in unincorporated Miami-Dade County, pursuant to the authority granted by the Miami-Dade County Home Rule Charter for the purposes set forth in Chapter 190 of the Florida Statutes, subject to acceptance of the declaration of restrictive covenants running with the lands within the jurisdiction of the CDD.

BACKGROUND

Lucky Start at Bluewaters, L.L.C., a Florida Limited Liability Company, owner ofthe Bluewaters Development, has filed an application to create the Bluewaters CDD in connection with said development. Bluewaters is an 80.00-acre residential development lying wholly within unincorporated Miami-Dade County, in the area bounded by Homestead Extension of Florida's Turnpike on the east, SW l lih Avenue on the west, theoretical S.W. 244th Terrace on the south and S.W. 240th Street on the north. The CDD is designed to provide a financing mechanism for the cost of the community property and infrastructure, services and facilities, along with certain ongoing operations and maintenance for the Bluewaters development. The development plans for the lands within the proposed CDD include construction of246 single-family homes and 230 town homes with associated earthwork roadway, storm drainage and water and sewer facilities estimated to cost approximately $9.529 million. A detailed summaryofCDD elements, as well as their cost and anticipated lack of fiscal impacts to government agencies, is presented in the attached application submitted by Lucky Start at Bluewaters, L.L.C. In accordance with Florida Statute 190, Lucky Start at Bluewaters, L.L.C., has paid a filing fee of$15,000 to the County.

A declaration ofrestrictive covenants will be proffered at public hearing by the owner of the lands within the CDD jurisdiction, providing for notice in the public records of the projected taxes and assessments to be levie-d by the CDD, and providing for individual prior notice to the initial purchaser of all residential homes within the development. The document shall also include provisions for remedial options to property owners whose contract for sale did not include timely notice of the existence and extent of CDD llens and special assessments.

(

COO\l.AKES BY THE BAY SOUTH COO ORDINAN CE MEMO.SS
Ol/ l ln 004

04    ·  t	"
Honorable Chairperson Bar_ a Carey-Shuler, Ed.D. and Members, Board of County Commissioners Page 2

This Board is authorized by the Florida Constitution and the Miami-Dade County Home Rule Charter to establish governmental units such as the CDD within Miami-Dade County and to prescribe such government's jurisdiction and powers.

This Board is authorized by the Florida Constitution and the Miami-Dade County Home Rule Charter to establish governmental units such as the CDD within Miami-Dade County and to prescribe such government's jurisdiction and powers.

The roads within this development are all public and are to be maintained by Miami-Dade County. A special taxing district has been created to maintain certain landscape areas within or abutting public roadways, lakes and lake access tracts, and open green space.

FISCAL IMPACT

anager

The creation of the Bluewaters Community Development District will have no fiscal impact on Miami-Dade County other than the normal maintenance functions provided to the district's infrastructure.

CDIN!WEWATEAS COD ORDINANCE MEMO-GMB OV \ 912004

1VIE1\10R.\ DU 1
(ReYised)

TO:	Hon . Chairperson Barbara Carey-Shuler. Ed . D.	DA TE: and Members. Board of Counry Commissioners
/ud

P1.pril  13,	2004

FROM:	Robert A. Ginsburg
County Anomey

St;BJECT: .-\gendalrern:-,.:o. 4(M)

Please note any items checked.

"4-Day Rule"' ("3-Day Rule.. for committees) applicable if raised

 		6 weeks required between first reading and public hearing

 		4 weeks notification to municipal officials required prior to public hearing

 		Decreases revenues or increases expenditures without balancing budget

 		Budget required

 		Statement of fiscal impact required

 		Bid waiver requiring Coun · Manager's written recommendation

 		Ordinance creating a new board requires detailed County Manager's report for pu bJic hearing

 		Housekeeping item (no policy decision required)
./
   V		No committee review

Approved 	=M-=a'"'"·y'-'o'-'-r
Veto		 Override	 	

Asenda Item No.	4 ( M)
4-13-04

ORDINANCE NO.	 	

ORDINANCE GRANTING PETITION OF LUCKY START AT BLUEWATERS, L.L.C., A FLORIDA LIMITED LIABILITY COMPANY ("LUCKY START" OR "PETITIONER") FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT ("DISTRICT"); PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

WHEREAS, the Florida Legislature created and amended Chapter 190, Florida Statutes, to provide an alternative method to finance and manage basic services for community development; and
WHEREAS, Section 1.0l(A)(21) of the Miami-Dade County Home Rule Charter grants the Miami-Dade County Board of County Commissioners the authority  to exercise all powers  and privileges granted to municipalities and counties by the laws of this State; and
WHEREAS, Article VIII, section 6(1) of the Florida Constitution provides for exclusive County Charter authority to establish all governmental units within Miami-Dade County and to provide for their government and prescribe their jurisdiction and powers; and
WHEREAS, Lucky Start at Bluewaters, L.L.C., a Florida Limited Liability Company ("Lucky Start" or "Petitioner'') has petitioned for the establishment  of  the  Bluewaters Community Development District (the "District"); and
WHEREAS,  a public  hearing has been conducted  by the Miami-Dade  County Board  of
I
County	Commissioners	in	accordance	with	the	requirements	and	procedures	of

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CD l)",8/ ,IJEWATT:RS CDIJ ORl>INANCJ:::
J.'I I/WQ4

Agenda Item No. 4 ( M).·
Page2

04	? '';,)
"	'	-..J

Section l 90.005(2)(b), Florida Statutes, and the applicable requirements and procedures of the Miami-Dade County Home Rule Charter and Code; and
WHEREAS, the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area, thereby providing a solution to the County's planning, management and financing needs for delivery of capital infrastructure therein without overburdening the County and its taxpayers; and
WHEREAS, the Board of County Commissioners finds that the statements contained in the Petition are true and correct; and
WHEREAS, the creation of the District is not inconsistent with  any applicable  element or portion of the State comprehensive plan or the Miami-Dade County Comprehensive Development Master Plan; and
WHEREAS, the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; and
WHEREAS, the creation of the District is the best alternative available for delivering the community development services and facilities to the area that will be served by the District; and WHEREAS, the proposed services and facilities to be provided by the District will be compatible with the capacity and uses of existing local and regional community development
services and facilities; and

WHEREAS, the area that will be served by the District is amenable to separate special­ district government; and
WHEREAS, the owner of the property that is to be developed and served by the community development services and facifities to be provided by the District has submitted an

(' D fABU IEWATERS ( 'DD ORDI NANCf;
21/ /l ](}(H

enda Item No.· 4 ( M)
Page 3

executed declaration of restrictive covenants pledging among other things to provide initial purchasers of individual residential homes with notice of liens and assessments applicable  to such parcels, with certain remedial rights vesting in the purchasers of such parcels if such notice is not provided in a timely and accurate manner; and
WHEREAS, having made the foregoing findings, after a public hearing, the Miami-Dade County Board of County Commissioners wishes to exercise the powers bestowed upon it by Section l.0l(A)(21) of the Miami-Dade County Home Rule Charter in the manner provided by Chapter 190, Florida Statutes; and
WHEREAS, the Miami-Dade County Board of County Commissioners finds that the District shall have those general and special powers authorized by Sections 190.011 and 190.012, Florida Statutes, and set forth herein, and that it is in the public interest of all of the citizens of Miami-Dade County that the District have such powers,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1.	The foregoing findings, which are expressly set forth herein, are hereby

adopted and made a part hereof.

Section 2.	The Petition to establish the Bluewaters Community Development District

over the real property described in Exhibit A attached hereto, which was filed by Lucky Start at Bluewaters, L.L.C., a Florida Limited Liability Company, on December 17, 2003 and which Petition is on file at the Office of the Clerk of the Board, is hereby granted. A copy of the Petition is attached and incorporated herein (Exhibit B).
Section 3.	The external boundaries of the District shall be as depicted on the location
I
map attached hereto and incorporated herein as Exhibit C.

CD/JJll.Uf:WA1ERSC1)DOIIIJINANff
11/ /ll <XU

Agenda Item No.	4 ( M )
Page 4

Section 4.

Section 5.

The initial members of the Board of Supervisors shall be as fo11ows: Antonio Balestena
Javier Quintero Silvia Mesa Cinthia Leivia Eileen Losada
The   name	of	the   District	shall	be	the   "Bluewaters	Community

Development District."

Section 6. The Bluewaters Community Development District is created for the purposes set forth in Chapter 190, Florida Statutes, pursuant to the authority granted by Section l.0l(A)(21) of the Miami-Dade County Home Rule Charter.
Section 7. Pursuant to Section 190.005 (2) (d), Florida Statutes, the charter for the Bluewaters Community Development District shall be Sections 190.006 through  190.041,  Florida Statutes.
Section 8.      The Miami-Dade  County  Board  of County Commissioners  hereby grants to the Bluewaters Community Development District all general powers authorized pursuant to Section 190.011, Florida Statutes, and hereby finds that it is in the public interest  of all citizens  of Miami-Dade County to grant such general powers.
Section 9.     The Miami-Dade  County  Board  of County Commissioners  hereby  grants to the B1uewaters Community Development District the special powers authorized pursuant to Section  190.012 (1), Florida Statutes and  Sections 190.012 (2)(a)(d)  and  (f), (except  for powers
regarding waste disposal), Florida Statutes _and Section 190.012 (3), Florida Statutes, and hereby finds that it is in the public  interest  of a11 c'   itizens of Miami-Dade  County to grant such  special

CD ViJJ LIJEWATERS C DD OHDI N AN( 'F,
1/Jlll OQ,,I

enda Item No.	4 ( M )
Page 5

powers; provided that the District's exercise of power under Section 190.012(l)(b), Florida Statutes, pertaining to water, waste water and reuse water services shall be pursuant to that Declaration of Restrictive Covenants submitted to the Board of County Commissioners in connection with the petition.
Section 10. All bonds issued by the Bluewaters Community Development District pursuant to the powers granted by this ordinance shall be validated pursuant to Chapter 75, Florida Statutes.
Section 11. No bond, debt or other obligation of the Bluewaters Community Development District, nor any default thereon, shall constitute a debt or obligation of Miami-Dade County, except upon the express approval and agreement of the Miami-Dade Board of County Commissioners.
Section 12.	Notwithstanding any power granted to the Bluewaters Community

Development District pursuant to this Ordinance, neither the District nor any real or personal property or revenue in the district shall, solely by reason of the District's creation and existence, be exempted from any requirement for the payment of any and all rates, fees, charges, permitting fees, impact fees, connection fees, or similar County rates, fees or charges, special  taxing districts special assessments which are required by law, ordinance or County rule or regulation to be imposed within or upon any local government within the County.
Section 13. Notwithstanding any power granted to the Bluewaters Community Development District pursuant to this Ordinance, the District may exercise the power of eminent domain outside the District's existing boundaries only with the prior specific and express approval of the Board of County Commissioners of Miami-Dade County.

CD IJ\BLUl;'WATERS CIJV OR.DINAN('fi
Ylll1UIH

Agenda Item No.	4 ( M)
Page 6

04 73

Section 14. This Board hereby accepts that Declaration of Restrictive Covenants proffered by the owners of the lands within the jurisdiction of the Bluewaters Community Development District, in connection with the petition submitted by Lucky Start at Bluewaters, L.L.C., a Florida Limited Liability Company and approved herein.
Section 15.	If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 16. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall be excluded from the Code of Miami-Dade County.
Section 17. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
PASSED  AND  ADOPTED:	APR 1 3 2004
Approved by County Attorney as
to form and legal sufficiency:	 	

Prepared by:	 Joni Armstrong Coffey

C /) 1-,..HI.UEW, fTJ-: JtS CIJO ORl>INAN C ·c
JI/ Jr. fXU

EXHIBIT A LEGAL DESCRIPTION
BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT

A portion of Sections 19 and 20, Township 56 South, Range 40 East, Miami-Dade County  Florida; being more particularly described as follows:

The North ½ of the SE ¼ of said Section 19 lying West of Homestead Extension of Florida's Turnpike;

And

The North ½ of the SW ¼ of said Section 20 lying West of Homestead Extension of Florida's Turnpike; (a.k.a. Bluewaters Subdivision, Tentative Plant# T- 21463).

EXHIBIT "B"

l (

PETITION FOR ORDINANCE FOR

Bluewaters Community Development District

December 17, 2003

Prepared by

Special District Services, Inc..
11000 Prosperity Farms Road, Suite 104 Palm Beach Gardens, Florida 33410

561-630-4922-Tele
877-737-4922 -Toll Free
561-630-4923 - Fax

INRE:	AN ORDINANCE TO ESTABLISH .	)
THE  BLUEWATERS	)
COMMUNITY DEVELOPMENT DISTRICT	)

PETITION

Petitioner, Lucky Start at Bluewaters, LLC ("Petitioner"), hereby petitions the Miami-Dade County Commission to establish a Community Development District ("District") with respect to the land described herein and in support of the Petition, Petitioner states:

The proposed District is located within the unincorporated area of Miami- Dade County. Exhibit 1 depicts the general location  of  the  project.  The  proposed District covers approximately 80 acres of land. The metes and bounds description of the external boundaries of the District is set forth in Exhibit 2. There is  no real  property within the external boundaries of the proposed District, which is to be excluded from the District.

Attached to this Petition as Exhibit 3 and made a part hereof is the written consent to the establishment of the District by the owners of I 00% of the real property to be included in the District.

The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows:

Antonio Balestena Javier Quintero Silvia Mesa Cinthia Leivia Eileen Losada

Miami, Florida Miami, Florida Miami, Florida Miami, Florida Miami; Florida

The proposed name of the District to be established is Bluewaters
· Community Development District ("BWCDD").

There are no existing major trunk water mains, sewer interceptors or outfalls currently existing on the site.

The proposed timetable for the construction of District services  is shown on Exhibit 4A and the estimated cost of constructing the services,  based  on  available data, is shown on Exhibit 4B. These are good faith estimates but are not binding on the Petitioner or the District and are subject to change

Petitioner is in the process of developing the project as a residential community. The proposed uses for the land within the District are 230 Town homes and 246 single family dwelling units making a total  of 476 units.  The proposed  uses for  the land included within the proposed District are in compliance  with  Miami-Dade County Future Land Use Element. The County Master Plan and Future  Land  Use  Element designate the land contained within the proposed District for low density residential. The future general distribution, location and extent of public and private uses  of land proposed for the area within the District are shown on Exhibit 5.

Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes.

The District is seeking and hereby requests the right to exercise all powers provided for in Section 190.06 through 190.041, Florida Statutes (except for powers regarding waste disposal or collection of any waste including the special powers provided by Section 190.012(1), Florida Statutes and Sections l 90.012(2)(a), (d)  and (f), (except  for powers regarding waste disposal or collection of any waste, Florida Statutes and Section 190.012(3), Florida Statutes.

The Petitioner is Lucky Start at Bluewaters, LLC whose address is
12515 North Kendall Drive, Suite 328, Miami Fl 33186.

The property within the proposed District is amenable to operating as an independent special district for the following reasons:

Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable elements  or portions of the effective Miami-Dade County Comprehensive Development Master  Plan,  as amended.

The area of land within the proposed District is part of a unified  plan of development for which a development plan has been or will be approved by Miami-Dade County. The land encompassing the proposed District  is of sufficient size and is sufficiently compact and continuous to be developed as one functional inter-related community.

The community development services of the District will be compatible with the capacity and use of existing local and regional community development services and facilities.

The proposed District will be the best alternative available for delivering community development services to the area to be served because the District provides a governmental entity for delivering those services and  facilities  in  a manner that does not financially impact persons residing outside the District and provides a responsible perpetual entity capable of making reasonable provisions  for  the operation and maintenance of the District se ces and facilities in the future.

2

WHEREFORE, Petitioner respectfully requests the Miami-Dade County  Commission to:

Hold a i>ublic hearing as required by Section 190.005(2) (b), Florida Statutes to consider the establishment of the BLUEWATERS Community Development District and;

Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the BLUEWATERS Community Development District.

Respectfully submitted this Ut?.-- day of	//	2003.

By:-			RNANDEZ, President erben I	estment Inc.,
Managing Member
Lucky Start at Bluewaten, L.L.C.
12515 Kendall Drive Suite 328
Miami, Fl 33186

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EXHIBIT I
(;ENERAL LOCATION OF THE PRO.JECT
BLUEWATERSCOMMlfNITY DEVE:LOPMENT DISTRICT

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EXHIBIT3
AFFIDVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF THE BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA	) COUNTY OF MIAMI-DADE)

On this     1/       day of     -		2003, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Jorge L. Fernandez

Affiant Jorge L. Fernandez, an individual, is the_ President of. Ferben Investment Inc.• the Managing Member of Lucky Start at Bluewaters. L.L.C a Florida Limited Liability Company.
Lucky Start at Bluewaters L.L.C. is the owner of the following described property, to wit:
See Exhibit "A" attached hereto (the "Property")
Affiant,      Jorge L. Fernandez	, hereby represents that he has full authority to execute all documents and instruments on behalf of the Company including the Petition before the Board of County Commissioners of Miami­ Dade County, Florida, to enact an ordinance to establish the Bluewaters Community Development District (the "Proposed CDD").

The property represents all of the real property to be included in the Proposed CDD.

Affiant, Jorge L. Fernandez on behalf of Lucky Start at Blue Waters, L.L.C
as  the  sole  owner  of  the  property  in  the  capaci77ty·	, ovre consents to the establishment of the proposed CDD.		,
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FURTHER,  AFFlANT SAYETHNOT.	.	(	/	.	I-----·//

=Su=b=sc=n=·b=ed=:...::an=d-=sw=om"'?-'t=o...,.be=fo=re:::::..::m=e...::thi=·-.s    :' '_...=a=ay of	 	,2003, by
Yoo/d	,I.	nd.,,_.	who	personally
appeared before me, and is personally known .

'	Eileen Losada
My Commission 00238606
°'""' " ptres November 1B. 2007

Notary..""""--SI'1" d'  	re
PrintName: .Bk k,;;
Notary Public, State of Florida

EXHIBIT4A
ESTIMATED INFRASTRUCTURE CONSTRUCTION TIMETABLE

BLUEWATERS_COMMUNITY DEVELOPMENT DISTRICT

IMPROVEMENT	START DATE	COMPLETE DATE	
EARTHWORK.	January 2004	December 2004	
WASTEWATER SYSTEM	June 2004	December 2004	
WATER SUPPLY SYSTEM	June 2004	December 2004	
SURFACE WATER MGMT	January 2004	June 2004	
ROADS	September 2004	December 2004	
LANDSCAPING	December 2004	December 2005	

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EXHIBIT4B CONSTRUCTION COSTS ESTIMATES

BLUEW ATERS COMMUNITY DEVELOPMENT DISTRICT

LAND	$	2,000,0001 WASTEWATER SYSTEM	$		a20,oool
 WATER SUPPLY SYSTEM	$			895,000j SURFACE WATER MANAGEMENT	$		2,1so.oool
ROADWAYS	$	1,290.0001

 DRAINAGE	$		560,000j

LANDSCAPING	$	500,000

TOTAL ESTIMATED PROJECT COSTS	$	s,21s,0001

SOFT COSTS  (ENGINEERING, ETC.)@ 6%	 	$	493,oool

CONTINGENCY @ 10%	 	$	s21.oool

TOTAL ESTIMATED PROJECT COSTS	$	9,s29,oool

----

EXHIBIT 6

BLUEWATERS
COMMUNITY DEVELOPMENT DISTRICT

Statement of Estimated Regulatory Costs

December 17, 2003

Prepared by

Special District Services, Inc.
11000 Prosperity Farms Road, Suite 104 Palm Beach Gardens, Florida 33410

561-630-4922 - Tele
877-737-4922-Toll Free
1 561-630-4923-Fax

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l'tUlian-E,rlnl,it6

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INTRODUCTION

Purpose and Scope

This statement of estimated regulatory costs supports the Lucky Start at Bluewaters, LLC ("Petitioner") petition to  establish  a community  development  district to be known as the Bluewaters Community Development District (the "CDD"). The CDD will own, operate and maintain a portion of the community infrastructure for the development to be known as Bluewaters, located in the unincorporated area of Miami­ Dade County, Florida.

A community development district is an independent special taxing district authorized by Chapter 190, F.S. (the "Act") to plan, finance, construct, operate and maintain community infrastructure in planned community developments. As stated in the Act, a COD provides:

"...a solution to the state's planning, management, and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers". Section
190.002 (1) (a), F.S.

Bluewaters CDD is not a substitute for Miami-Dade County, which is the local general-purpose governmental unit having jurisdiction over the CDD. The reason is the CDD does not have the planning, zoning and regulatory powers granted to Miami-Dade County. As a result, all development undertaken within the CDD must be consistent with all requirements of Miami-Dade County.

A CCD's powers are strictly limited to planning,  financing,  constructing, operating and maintaining community infrastructure.

The scope of this statement of estimated regulatory costs is statutorily limited to evaluating the consequences of creating the CDD. The policy of the State regarding the scope of the CDD establishment process is explicitly set out in Section 190.002 (2) (d),
F.S. as follows:

"That the process of establishing such a district pursuant  to  uniform general law shall be fair and based only on factors material  to managing and financing the service-delivery function of the district, so that  any matter concerning permitting or planning of the development shall not be material or relevant."

Therefore, the only relevant concern is whether Bluewaters COD will be a financially viable entity.

1

Bluewaters Development

The sole landowner and developer of Bluewaters is Lucky Start at  Bluewaters, LLC (the "Devebper"). The proposed development is designed as a master planned residential development, serving south Florida markets. Bluewaters offers 230  town homes and 246 single family dwelling units or a total of 476 units designed to service a wide variety of buyers.

Bluewaters development is located in the unincorporated area of Miami-Dade County, Florida, at SW 240th Street between SW 112'b Avenue and the Florida Turnpike and is planned as a self-sustaining mixed use residential community. Projected sell-out of the project is 3 to 5 years.

Bluewaters Community Development District (CDD)

The Petitioner proposes to establish the Bluewaters Community Development District to acquire, construct, operate and/or maintain some of the infrastructure and community facilities in the Bluewaters development. Table 1 outlines the proposed development plan timetable and the schedule for completion of the various projects.

Table 2 shows the infrastructure that is proposed to be constructed or acquired by the CDD and the estimated costs.

The financial design of the CDD was carefully formulated to help assure that the CDD will be strong, stable, and able to stand alone throughout its lifetime. A detailed cash-flow analysis has been developed for the proposed range of potential  future  economic conditions in which the proposed district  might  have to operate.  In all cases, the proposed financial structure allowed the CDD to remain financially  strong  and capable of carrying out its obligations. The important features of the financial design for proposed CDD are discussed below.

As outlined in Table 2, the CDD is projected to finance the construction of the surface water management system. The bonds used to finance the surface water management system will be retired through the use of non-ad valorem assessments levied on all property owners in the district.

The CDD will convey the surface water management system to Miami Dade County. and Miami-Dade County will maintain the surface water management system through a Miami-Dade County Special Taxing District formed for this function.

The CDD is projected to finance the construction of the water distribution system and the wastewater collection and transmission facilities. The bonds used to finance such infrastructure will be retired through the use of non-ad valorem assessments levied on all property owners in the district.

2

The water distribution system and the wastewater collection and transmission facilities will be conveyed by the CDD to Miami-Dade County Water and Sewer Department (WASD). Thus, the operation and maintenance of these facilities will be the responsibility ofV'ASD.

The CDD is projected to finance the construction of a portion of the internal roadway system. The bonds used  to finance such infrastructure will  be retired  through  the use of non-ad valorem assessments levied on all property owners in the district.

The CDD will convey a portion of the internal roadway system in Bluewaters to Miami­ Dade County, thus a portion of the operation and maintenance of the internal roadway system will be the responsibility of Miami-Dade County.

The lakes, parks and green areas of the project will be maintained through a Miami-Dade County Special Taxing District.

Finally, the Petitioner has no plans for the CDD to issue general obligation debt or to levy ad valorem taxes. The financial structure of the District is such that  there is no  need to use ad valorem taxation.

COSTS	AND   BENEFITS	OF  ESTABLISHING	THE BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT

Costs	to	Miami-Dade	County	to	Implement	the	Bluewaters Community Development District

Chapter 190.005 (2), F.S. mandates that the exclusive and uniform method for the establishment of a community development  district of less than  1000 acres in size shall  be by an ordinance adopted by the county commission of the county having jurisdiction over the majority ofland in the area in which the district is to be located.

The one-time cost of reviewing the CDD petition is minimal. The County has its own in-house staff to process petitions filed for other reasons. Therefore, the marginal addition of one more petition to review results in little, if any, additional cost. Review of the proposed development will not be necessary since the project  was  previously approved through the Public Hearing process. Considerable fees were paid by the Petitioner for that review.

Beyond the minimal administrative costs outlined above, there will be only inconsequential costs to Miami-Dade County and the general citizenry because of the establishment of the Bluewaters CDD. The CDD is designed to serve the needs of its property owners by financing, constructing, operating and maintaining the infrastructure and other services needed by district residents. The CDD will not require subsidies from Miami-Dade County.

                3	Pmino-1Wiia16

Finally, the CDD will pay its own election costs and will pay substantial fees for other urban services, such as tax assessment and collection. Thus, the net costs to Miami­ Dade County and its citizens due to establishment of the Bluewaters CDD are negligible.

Concern that district obligations,  particularly debt payments, could become state  or county obligations is without foundation. This point was made explicitly clear by the Legislature when it adopted Section 190.002 (3) F. S.

"...It is further the purpose and intent of the Legislature that no debt or obligations of a district constitute a burden on any local general purpose government without its consent.'' Section 190.002 (3) F. S.

Benefits to Miami-Dade County and Its Citizens

There are several types of benefits (both indirect and direct), which will flow to Miami-Dade County and its citizens if the COD is established. First, with regard to the indirect benefits, approval of the CDD satisfies the intent of the Act by providing a solution to the planning, management and financing of capital infrastructure to service projected growth without overburdening Miami-Dade County and its taxpayers. Section
190.002 of the Act is quoted as follows:

"(1) The Legislature finds that: (a) there is a need for uniform, focused and fair procedures in state law to provide a reasonable alternative for the establishment, power, operation and duration of independent districts to manage and finance basic community development services; and that, based upon a proper and fair determination of applicable facts, an efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a solution to the state's planning, management, and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers." Section 190.002, F. S.

A second indirect benefit, which Miami-Dade County and its citizens receive, is the improved level of planning and coordination, which the COD will provide.  This benefit will minimize any potential negative impacts to other citizens and jurisdictions.

"It is in the public interest that long range planning, management, and financing and long-term maintenance, upkeep, and operation of basic services for community development districts be under one coordinated entity." Section 190.002-(1) (c), F. S.

By enacting the Act, the Legislature recognized that substantial public benefits accrue from well-planned community developments in Florida. Bluewaters  is  just  the type of planned development envisioned in Chapter 190, F. S.

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It is most difficult to place a dollar value on these indirect benefits however, they are certainly substantial. Furthermore, given the minimal costs incurred by Miami-Dade County if the CDD is approved, the benefits clearly overwhelm any such costs, yielding significant net ber.efits to Miami-Dade County and its citizens.

Bluewaters CDD will provide a number of direct economic benefits to Miami­ Dade County and its citizens. First, the CDD is the best means of assuring that CDD residents receive the services they need, while at the same time restricting the cost to only those who receive the services. This financial structure binds those who receive the CDD services to the obligation to pay for those services. At the same time, this structure also allows future CDD residents to control the entity, which provides the services and levies the assessments to pay for those services. Miami-Dade County and its citizens are not involved in any way in the financial obligations, operation or maintenance of the district.

A second economic benefit which accrues to Miami-Dade County and its citizens  is that establishment of the CDD frees the County of responsibilities and costs of the management and administrative burden of the CDD. Thus, it will be possible for the County Commission to continue to focus on those areas of the county that require more immediate attention.

Conversely, residents of the CDD will be able to address their concerns about infrastructure to the Board of Supervisors of the CDD. This focus will lighten the burden on the County Commission compared with what would likely occur without the CDD.

The CDD is an independent governmental unit, it has its own independent board and budget, and it must see to its own  administration.  This arrangement  for governing and administering the district means a considerable cost saving to the County over other types of arrangements. Any other form of government or financial structure would  result in the County being at least partially responsible for the community's services.

Third, approval of the proposed CDD would  minimize some increases in the cost of County funded services. As new development occurs in any community,  residents of the new area demand increased levels of services over and above those provided before development. The costs of providing these services are spread to the remaining taxpayers in the jurisdiction of the local govemment(s) providing the services. If this  were to  happen, taxing and spending levels would increase, and costs would be passed on, at least in part, to surrounding residents. The result would further strain the County budget. Without the CDD, development of Bluewaters could possibly increase the demands on Miami-Dade County to extend and improve services to the community.

Fourth, the CDD will construct the water distribution system and the wastewater collection and transmission facilities and then deed same to Miami-Dade County  WASD at no cost. The estimated cost to the CDD to construct these facilities is expected to  exceed $1,989,400. In addition to this donation, Miami-Dade County WASD 's customer base will increase by approximatelr 476 households.

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The value to the Petitioner of financing a portion of the infrastructure though the CDD amounts to an annual financing cost difference in today's market which results in a cost saving. As a result, the potential gross savings will accrue  to the future homeowners in the CDD and coes not represent a net cost saving to the Petitioner. As noted  above,  with the establishment of the CDD, the Petitioner will be obligated to pay substantial assessments and fees to the CDD.

Other benefits for the Petitioner in establishing the CDD exist beyond  the financing of a portion of the community's infrastructure. Most important among these is that the proposed CDD is a mechanism for providing long term, on-going  maintenance  and operation of CDD facilities. Ultimately, the CDD will be controlled and operated by the CDD homeowners for their own benefit. This helps assure that the  high standard, which the Petitioner has set for the CDD, will be preserved throughout the life of the project.

Costs to the Consumers

Consumers are people who will purchase land and residences in the Bluewaters CDD. Should the CDD be established, district homeowners will be required to pay CDD assessments over and above their County taxes. CDD assessments do not affect or offset County taxes. It is this increment of expenses, which is the cost of the CDD to the consumers.

As noted above, the CDD plans to finance, construct, operate and maintain a variety of infrastructure and community services for the benefit of its homeowners. Currently, homeowners in unincorporated Miami-Dade County are subject to a number of different ad valorem and non-ad valorem taxes. All of these taxes will continue to exist regardless of whether the CDD is approved. Homeowners  of the CDD  will continue to pay County taxes notwithstanding the existence of the CDD. Thus, these costs cannot properly be viewed as taxes that arise from the CDD itself, even though district homeowners would pay such truces. The point is that homeowners will pay these costs in any event. If the CDD is not created, the cost of the infrastructure will be included in the price of the property sold to future homeowners rather than paid over time as a special assessment on the tax bill.

All prospective purchasers will be informed of the existence of the CDD. Chapter 190.048, F. S. requires each contract for the sale of real estate within a CDD include a specific disclosure statement in boldfaced and conspicuous type immediately prior to the space reserved in the contract for the signature of the purchases.

Benefits to the Consumers

CDD residents will receive three major classes of benefits. First, CDD residents will receive a higher level of public services and amenities than would otherwise be the

case. Bluewaters is designed a·s
I

a mixed use residential project with high service

demands.	To be successful, the· Petitioner feels that a mechanism is needed to help

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c\f1 .

ensure a high level of public services consistent with the project goals. The CDD is the best vehicle for this purpose.

Second, th CDD is a mechanism for assuring that the community services and amenities are maintained at a high level throughout the life of the  project.  This mechanism protects the substantial investment purchasers will make in their homes in the Bluewaters CDD.

Finally, the COD is the sole form of governance that allows district property owners to totally control the type, quality and expense of services provided by the CDD.

It is clear that the formation and operation of the Bluewaters CDD will benefit its homeowners. The CDD will be controlled by CDD property owners,  and  will  be  operated for their benefit. Finally, the CDD will help ensure that the high standards the Petitioner has set for the development will be maintained for the benefit of CDD property owners.

3.0	COMPETITIVE EFFECTS

Approval of the Bluewaters CDD will have an effect on competition in the market for housing in Miami-Dade County and in those areas where there are projects similar to the Bluewaters. To understand the nature of these competitive effects, it is important to recognize the type of project envisioned at Bluewaters COD. The development in  the CDD is designed as a mixed use residential community currently consisting of 476 residential units. As such, it competes with other developments serving this same market niche. In addition, the granting of a community development  district  for  Bluewaters COD does not provide a competitive advantage, which others could not obtain.

4.0	IMPACT ON SMALL BUSINESS

Approval of the Bluewaters CDD will have a positive impact on small business as defined in Chapter 288.703 (1), F. S. Many types of neighborhood services will be required by the residents of the CDD. These services can be provided by the small businesses that currently serve the general area. Additional opportunities will also be created for new businesses to be formed or relocate to the area.  No  negative  impacts have been identified for small businesses as defined.

5.0	DATA AND METHODOLOGY

The data used in this analysis, in particular the build-out schedule and average home values, were developed and submitted with the initial application for Bluewaters  and updated for the petition for the CDD. Table 2 outlines the capital infrastructure proposed to be constructed by or for the CDD and reflects the best estimates of costs and timing at this juncture.

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