Amended	11/28/06	
Enacted	11/28/06	

1	Introduced   by   the   Council   President   pursuant   to	Chapter   92	
2	Ordinance   Code   and   amended   by   the   Economic,   Community   and	
3	International Development Committee:						
4												
5												
6				ORDINANCE 2006-1198-E					
7	AN  ORDINANCE  ESTABLISHING  THE  OTC  COMMUNITY	
8	DEVELOPMENT	DISTRICT  (“DISTRICT”);	DESCRIBING	
9	THE   EXTERNAL   BOUNDARIES   OF   THE		DISTRICT;	
10	NAMING	THE	DISTRICT;	NAMING	THE	INITIAL	
11	DISTRICT   BOARD   OF   SUPERVISORS;   PROVIDING	
12	INFORMATION RELATED TO DISTRICT BOARD REQUESTS	
13	FOR	CONSENT	TO	EXERCISE	SPECIAL	POWERS;	
14	AMENDING   SECTION   92.22   (EXISTING   COMMUNITY	
15	DEVELOPMENT   DISTRICTS),   ORDINANCE   CODE   TO	
16	INCLUDE	THE	DISTRICT;	PROVIDING	FOR	CONFLICT	
17	AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE.	
18												
19	WHEREAS,  Argyle  Forest  Retail  I,  LLC,  a  Florida  limited	
20	liability  corporation,  petitioned  the  City  Council  to  establish  a	
21	community  development  district  (“CDD”)  named  the  OTC  Community	
22	Development  District  on  approximately  98.27∀  acres  lying  wholly	
23	within  the  boundaries  of  the  City  pursuant  to  F.S.  Chapter	
24	190.005(2)  and	Chapter	92,	Ordinance	Code,	a	copy  of	the  Petition	

25	to Establish the OTC Community Development District (“Petition”) is

26	on file with the Legislative Services Division as Exhibit 1; and

27	WHEREAS,  if  established  as  proposed  in  the  Petition,  the  OTC	
28	Community  Development  District  would  thereafter	exist  and  operate	
29	as  an  independent  special  district  as  set  forth	in  F.S.  Ch.  190;	
30	and		

31

				Amended 11/28/06	
1	WHEREAS,  the  Office  of  General  Counsel  and  the  Planning  and	
2	Development	Department   have	reviewed	the   Petition	and   have	
3	submitted  their  reports  thereon  to  the  Council,  which  are  on  file	
4	with the Legislative Services Division as Exhibit 2 and Exhibit 3,	
5	respectively; and				
6	WHEREAS,  the  Council  has  determined  the  Petition  adequately	
7	meets  the  requirements  of  F.S.  Ch.  190.005  and  Section  92.04,	
8	Ordinance  Code  and  is  therefore  complete  and  sufficient  to  permit	
9	fair and informed review thereof; and			
10	WHEREAS,  all  notice  requirements  of  F.S.  Ch.  190,  Section	
11	92.11, Ordinance Code and other applicable laws were complied with,	
12	and complete notice was timely given, and a public hearing held on	
13	the  date  and	time  noticed  and	conducted	thereafter  in	compliance	

14	with F.S. Ch. 190 and all applicable laws; and

15	WHEREAS, in making its fair and informed determination whether

16	to	grant  or  deny  the  Petition,  the  Council  has  considered  the	
17	petition in light of the record developed at the public hearing and	
18	in	relation  to  the  six  factors  set  forth  at  F.S.  §  190.005(1)(e),	

19	now, therefore

20	BE IT ORDAINED by the Council of the City of Jacksonville:

21	Section 1.Name.   A  CDD  is  hereby  established  within  the

22	City  to	be  known	hereafter	as	the	OTC	Community	Development	
23	District.								
24	Section 2.	Boundaries.		The   boundaries   of   the   OTC	
25	Community Development District established by this ordinance are as	
26	set  forth  in  the  legal  description  incorporated  herein  as  part  of	
27	Exhibit 1	which is on file with the Legislative Services Division.	
28	Section 3.	Board  of	Supervisors.	The  following  five	
29	persons,  as  set  forth  in  the  Petition,  are  designated  to  be  the	
30	initial members of	the governing	Board	of Supervisors	(“Board”) of	

31	the OTC Community Development District:

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Amended 11/28/06

1	a.    David Murphy

2	b.    Tom Hareas

3	c.    Chase Wolf

4	d.    Robert Fargo

5	e.    Ralph L. Colton

6	Section  4.   Consent  Requests.  After  the  initial  meeting  and	
7	swearing  in  of  the  OTC  Community  Development  District  Board,  the	
8	Board  may  request  that  the  City  consent  to  the  OTC  Community	
9	Development  District’s  exercise  of  one  or  more  special  powers  set	
10	forth  in  F.S.  §  190.012(2),  by  adopting  a  proper  resolution  and	
11	submitting  same  thereafter	to  the  City  to  be  taken  up  and	
12	considered pursuant to Section 92.15, Ordinance Code.		
13	Section	5.	Chapter	92   (Uniform	Community	Development	
14	Districts),	Section	92.22	(Existing	Community	Development	

15	Districts), Ordinance Code, is amended to read as follows:

16	CHAPTER 92.  UNIFORM COMMUNITY DEVELOPMENT DISTRICTS.

17	* * *

18	Sec.  92.22.Existing Community Development Districts

19	The following CDDs have been established in the City:

20	* * *		
21	(12)  OTC  Community  Development  District.	The  OTC  Community	
22	Development District was established in Ordinance 2006-1198-E.	
23	* * *		
24	Section  6.   Conflict  and  Severability.	Any  portion  of  this	
25	ordinance  determined  finally  by  a  court  of  competent  jurisdiction	
26	to be in conflict with prevailing law shall not be effective to the	
27	extent  of  such  conflict,  and  shall  be  deemed  severable  and  the	
28	remainder  shall  continue  in  full  force  and  effect  to  the  extent	
29	legally possible.		

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Amended 11/28/06 1 Section 7. Effective Date. This ordinance shall become 2 effective upon signature by the Mayor or upon becoming law without
3	the Mayor’s signature.

4	Form Approved:

5

6	/s/  Steven E. Rohan_________

7	Office of General Counsel

8	Legislation Prepared By:  Dylan Reingold

9	G:\shared\LEGIS.CC\2006\ord\CDDs\OTC CDD 10-17-06.doc

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