§ 92.04. Local Petition content guidelines.

To facilitate the City's determination of whether a Local Petition contains the information prescribed by F.S. § 190.005(1)(a) or § 190.046(1)(a), and whether a Local Petition is true and correct as required by F.S. § 190.005(1)(e), the following guidelines are provided to assist petitioners:

(a)

Agent Authorization and Petitioner Certification. A Local Petition shall be accompanied by documentation sufficiently demonstrating that the filer thereof is duly authorized. Additionally, each petitioner shall sign and certify a Local Petition under oath verifying that all information contained therein is true and correct.

(b)

Legal Description. A metes and bounds legal description should at a minimum either:

(1)

Bear the signature and license number of a Florida professional surveyor and mapper; or

(2)

Bear the signature and license number of a Florida professional engineer to the project under whose direction the legal description was ascertained or verified by a Florida professional surveyor and mapper.

Where a Local Petition proposes to contract or expand a CDD, three legal descriptions should be submitted demonstrating the existing CDD boundaries, the expansion/contraction area and the CDD's boundaries as proposed to be contracted/expanded.

(c)

Consent of Landowners. A written consent of landowner should clearly set forth the signatory's identity and capacity and be attested by a notary public or its equivalent. To the extent a CDD's governing board of supervisors may consent for landowners pursuant to F.S. § 190.046, such consent should be incorporated into a formal resolution certified by the CDD's governing board of supervisors. Consents of landowners must be amended and filed as set forth in Section 92.08 hereof if, prior to the establishment public hearing before the City Council, the identity or makeup of any landowner or description of real property is altered or modified.

(d)

Proposed Board Members. In the event any proposed board member is a "relative" of a landowner or petitioner within the meaning of F.S. § 112.3143, or an employee, stockholder or officer thereof, the nature and extent of such relationship shall be disclosed.

(e)

Proposed Name. CDD names which identify in some way to the underlying community development are preferred and those names resembling governments or agencies are not acceptable.

(f)

Location Map. At least one map should clearly delineate the proposed size, boundaries, specific location and general location within the City by reference to proximate roads, boundaries and landmarks.

(g)

Utility Map. At least one map should clearly delineate (with reference to the CDD) the closest available utilities, in the event no major trunk water mains, sewer interceptors or outfalls exist within the proposed boundaries of the CDD. It is the responsibility of a petitioner to ensure that the accuracy of attached utility maps are verified by JEA as a condition of issuance of the Department's Report and Recommendation as set forth in Section 92.07(c).

(h)

Construction Cost Estimates. A construction cost estimate and timetable should:

(1)

Indicate the identity of the preparer;

(2)

Explain whether the estimates consider the exercise of any of the special powers;

(3)

Approximate costs as an annual outlay where construction will exceed one year; and

(4)

Identify and/or differentiate between costs of construction and acquisition.

(i)

SERC. The statement of estimated regulatory costs (the "SERC") prepared in compliance with F.S. § 120.541, being deemed useful by the City Council, shall contain an adequate explanation of the plan of finance for the construction, operation and maintenance of the community development project, and shall identify the entity that will construct, own, operate and maintain the systems, facilities and services corresponding roughly to the identifying categories used in the construction cost estimates.

(Ord. 2004-402-E, § 2)