24.02(A) Creation of district. Pursuant to F.S. § 189.4041, the Bonaventure Development District is hereby created as a dependent special district of the City.
24.02(B) Boundaries. The Bonaventure Development District is comprised of and includes those lands described as follows, said lands lying in Broward County, Florida:
A portion of Section 31, Township 49 South, Range 40 East together with portions of Sections 5, 6, 7 and 8, in Township 50 South, Range 40 East, all in Broward County, Florida and being more particularly described as follows:
COMMENCE at the Northwest corner of Parcel “A” of NEW RIVER ESTATES SECTION SIX, according to the plat thereof as recorded in Plat Book 116, Page 37 of the Public Records of Broward County, Florida, said point also being the Point of Beginning of a parcel of land described in City of Weston Ordinance No. 98-27 also known as the “de-annexation parcel,” said point being located on the arc of a curve concave to the Southwest, a radial line through said point bears North 23°50'32" East from the radius point of the next described curve;
THENCE Northwesterly on the South Right-Of-Way line of Interstate 75 as shown on Florida Department of Transportation Right-Of-Way Maps for Section 86075-2409, the North line of said parcel described in City of Weston Ordinance No. 98-27 and the arc of said curve having a radius of 7565.44 feet, a central angle of 00°24'49" for an arc distance of 54.60 feet to the intersection with a line 50.00 feet west of and parallel with the East line of said Section 5, said point being the POINT OF BEGINNING of this description;
THENCE Southerly on the West line of said parcel of land described in City of Weston Ordinance No. 98-27 the following five (5) courses and distances;
24.02(B)(1) South 00°03'06" East on the last described parallel line, a distance of 2059.78 feet;
24.02(B)(2) South 49°18'10" West, a distance of 1.63 feet;
24.02(B)(3) South 89°56'54" West, on the Easterly extension of the North Right-Of-Way line of Blatt Boulevard, as shown on the plat of BONAVENTURE, according to the plat thereof as recorded in Plat Book 82, Page 43 of the Public Records of Broward County, Florida, a distance of 48.76 feet to the intersection with a line located 100.00 feet West of and parallel with said East line of Section 5;
24.02(B)(4) South 00°03'06" East on the last described parallel line 1020.13 feet to the intersection with a line located 100.00 feet West of and parallel with the East line of said Section 8;
24.02(B)(5) South 00°07'42" East on the last described parallel line, to the Southeast corner of said plat of BONAVENTURE;
THENCE Westerly, along the South line of said BONAVENTURE and the North line of that certain Boundary Line Agreement recorded in Official Book 10343, Page 593 of the Public Records of Broward County, Florida, to the Southwest corner of said BONAVENTURE;
THENCE Northerly, along the West line of said BONAVENTURE and the East line of said Boundary Line Agreement, to the Southeast corner of that certain parcel of land described in Quit-Claim Deed recorded in Official Records Book 10343, Page 602 of the Public Records of Broward County, Florida;
THENCE Westerly, along the South line of said parcel, to the Southwest corner of said parcel;
THENCE Northerly, along the West line of said parcel, to the Northwest corner of said parcel;
THENCE Easterly, along the North line of said parcel, to the Northeast corner of said parcel, said corner being located on the said West line of BONAVENTURE and the East line of said Boundary Line Agreement recorded in Official Records Book 10343, Page 593 of the Public Records of Broward County, Florida;
THENCE Northerly, along said West line of BONAVENTURE and the East line of said Boundary Line Agreement, to the North one-quarter (N ¼) corner of said Section 7, Township 50 South, Range 40 East;
THENCE continue Northerly along said West line of BONAVENTURE to the intersection with said South Right-Of-Way line of State Road 93 (interstate 75) as shown on Florida Department of Transportation Right-Of-Way Maps for Section 86075-2409;
THENCE Southeasterly, along said South Right-Of-Way Line, to the POINT OF BEGINNING.
24.02(C) Purpose; powers; functions and duties. Pursuant to F.S. Chapters 189 and 190, the Bonaventure Development District is formed for the purpose of exercising all those rights, powers, and authority provided herein in the above-described lands and to that end shall possess all the powers to do all things reasonably necessary to provide such services. In addition to all powers specified herein, the Board shall have all powers necessary or incidental to exercising the purposes of the District, including those powers granted to the governing board of a community development district pursuant to F.S. Chapter 190 (the “Act”). Without limiting the generality of the foregoing, such powers shall include those specified in F.S. §§ 190.011 and 190.012 (other than F.S. §§ 190.012(2)(b), (c) and (f)) of the Act, which sections are hereby incorporated and shall be applicable to the District as if set forth herein at length. For all purposes hereof, the provisions of F.S. §§ 190.014, 190.015, 190.016, 190.017, 190.021, 190.022, 190.023, 190.024, 190.025, 190.026, 190.031, 190.035, 190.036, and 190.041 of the Act are hereby incorporated herein and shall be applicable to the District as if set forth herein at length; provided, however that: (i) all references in said sections of the Act to the “Act” or applicable sections thereof shall be deemed to refer to this Section and the applicable sections hereof which incorporate such provisions of the Act; (ii) all references in said sections to the “board” shall mean the Board of the District; (iii) all references in said sections to “district” shall mean the District; and (iv) the provisions of F.S. §§ 190.013 and 190.016(12) of the Act shall be discretionary rather than mandatory. To the extent necessary, useful or appropriate to effectuate the provisions hereof, the definitions set forth in F.S. § 190.003 of the Act are incorporated herein and made applicable to the District and its activities. All provisions of the Act referred to herein are available for inspection at the City Clerk’s Office.
24.02(D) Governing body. The Bonaventure Development District is formed as a dependent special district pursuant to F.S. § 189.403(2)(a) and the governing body of the Bonaventure Development District shall be ex-officio the City Commission of the City of Weston. Commission members shall receive no additional compensation for service as members of the governing body. The Mayor shall serve as chair of the governing body.
24.02(E) Management. Management of the Bonaventure Development District shall be by the City Manager. Management’s duties shall be to administer the activities of the District in accordance with established policies of the City Commission.
24.02(F) Clerk. The functions of clerk for the Bonaventure Development District shall be carried out by the City Clerk.
24.02(G) Attorney. The functions of attorney for the Bonaventure Development District shall be carried out by the City Attorney.
24.02(H) Explanation of why a dependent special district is the best alternative. Pursuant to F.S. § 189.4041(4)(d), the Bonaventure Development District is formed as a dependent special district because the City desires to have the City Commission serve as the governing body of the Bonaventure Development District, in order to enhance coordination and consistency of policy between the City and the District.
24.02(I) Financial disclosure, noticing and reporting requirements. The financial disclosure, noticing and reporting requirements applicable to the governing body and management of the District shall be the same as those required by the position of Commissioner and staff Person of the City, respectively.
24.02(J) Methods of finance. The District shall be financed in accordance with F.S. Chapters 189 and 190 and by any other methods of finance the District is empowered to use.
24.02(K) Consistency with the Comprehensive Plan. The creation of the District is hereby found and declared to be consistent with the approved Comprehensive Plan of the City.
(Ord. 2010-09, passed 10-4-2010)