ORDINANCE NO. 3041
2
AN ORDINANCE OF THE CITY OF APOPKA, FLORIDA,
GRANTING	THE	PETITION	OF	DOUBLE	B
DEVELOPMENT, LLC, ESTABLISHING  AND NAMING
THE	GOLDEN  GEM COMMUNITY  DEVELOPMENT
DISTRICT	PURSUANT	TO  CHAPTER	190,  FLORIDA
STATUTES;	DESCRIBING	THE	EXTERNAL
BOUNDARIES, THE FUNCTIONS AND POWERS OF THE
DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS
THE INITIAL MEMBERS OF THE DISTRICT BOARD OF
SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
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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;
18
WHEREAS, Double B Development, LLC ("Petitioner"), petitioned the City Council of
the city of Apopka, Florida ("City") to enact an ordinance establishing the Golden Gem
Community Development District ("District") pursuant to Chapter 190, Florida Statutes, over the
real property described in Exhibit 2 of the Petition to Establish a Community Development
District, attached hereto and incorporated herein as Exhibit A; 24
WHEREAS, Petitioner Clmently owns all of the property located within the boundaries
of the proposed District and has provided written consent to the establishment of the District as
the entity owning one hundred (100%) percent of the real property to be included in the District;
28
29	WHEREAS, public hearings have been conducted by the City on December 6, 2023 and
30	January 3, 2024, in accordance with the requirements and procedures of Section 190.005(2)(b),
Florida Statutes, and the applicable requirements of the City's Charter and Code of Ordinances,
and all interested persons and affected units of general-purpose local government were afforded
an opportunity to present oral and written comments on the Petition at said duly noticed public
hearing;
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WHEREAS, upon consideration of the record established at that hearing, the City
Council determined	that	the	statements	within	the	Petition	were	true	and	correct,
that the establishment of the Dist:tict is not inconsistent with any applicable element or pmiion of
the state comprehensive plan or the City's comprehensive plan, that the land within the District is
of sufficient size, is sufficiently compact, and sufficiently contiguous to be developable as a
functionally interrelated community, that the District is the best alternative available for delivering
community development services and facilities to the area served by the District, that the
community development services and facilities of the District will not be incompatible with the
capacity and uses of existing local and regional community development services and facilities,
and that the area to be served by the District is amenable to separate special-dist:t·ict governance;
and

WHEREAS, the establishment of the District will constitute a timely, efficient, effective,
responsive, and economic way to deliver community development services in the area described,
thereby providing a solution to the City's planning, management, and financing needs for delivery
of capital infrastrncture therein without overburdening the city and its taxpayers.
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NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF
APOPKA, FLORIDA, AS FOLLOWS:
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SECTION I. AUTHORITY. This Ordinance is enacted in compliance with and pursuant
to the Uniform Community Development District Act of 1980, Chapter 190, Flmida Statutes, as
amended from time to time.
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SECTION II. FINDINGS. The foregoing recitals and findings are trne and correct and
are incorporated herein, adopted, and made a part hereof.
16
SECTION III. GRANT OF PETITION. The Petition, which was filed with the
Community Development Department of the City on October 18, 2023, and a copy of which is
attached hereto as Exhibit A and incorporated herein, is hereby granted.
20
SECTION IV. DISTRICT NAME. There is hereby created a community development
district situated within the incorporated boundaries of the City of Apopka, Florida named "Golden
Gem Community Development District."
24
25	SECTION V. EXTERNAL BOUNDARIES OF THE DISTRICT. The external
26	boundaries of the District are described in Exhibit 2.A. of the Petition. The District, overall,
27	contains 199.869 acres, more or less.
28
29	SECTION VI. FUNCTIONS AND POWERS. The powers and functions of the District
30	are described in Sections 190.011, 190.012(1), 190.012(2)(a), 190.012(2)(d), and 190.012(3),
31	Florida Statutes.
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33	SECTION VII. BOARD OF SUPERVISORS. The five persons designed to serve as
34	initial members of the District's Board of Supervisors are as follows:
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36	Name	Address
37

38	Duane "Rocky" Owen
39
40
41	Taylor J. Edwards
42
43
44	H. M. Ridgely, III
45
46
Craig Linton

5585 Alligator Lake Road St. Cloud, Florida 34772
660 Beachland Boulevard, Suite 301 Vero Beach, Florida 32963

660 Beachland Boulevard, Suite 301 Vero Beach, Florida 32963

660 Beachland Boulevard, Suite 301

1
2
George F. Hammer, Jr.
4
5

Vero Beach, Florida 32963

660 Beachland Boulevard, Suite 301 Vero Beach, Florida 32963

All of the above-listed persons are residents of the State of Florida and citizens of the
United States of America.
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SECTION VIII. OBLIGATIONS OF THE DISTRICT. No bond, debt, or other
obligation of the District, nor any default thereon, shall constitute a debt or obligation or burden
of the City.
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SECTION IX. SEVERABILITY. Should any word, phrase, sentence, subsection or
section be held by a court of competent jurisdiction to be illegal, void, unenforceable, or
unconstitutional, then that word, phrase, sentence, subsection or section so held shall be severed
from this ordinance and all other words, phrases, sentences, subsections, or sections shall remain
in full force and effect.
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SECTION X. CONFLICTING ORDINANCES. All ordinances or part thereof, m
conflict herewith are, to the extent of such conflict, repealed
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22	SECTION XI. EFFECTIVE DATE. That this ordinance and the rules, regulations,
23	provisions, requirements, orders and matters established and adopted hereby shall take effect and
24	be in full force and effect immediately upon its passage and adoption.
25
26	PASSED UPON at the first reading of the City Council, this 6th day of December, 2023.
27
28	PASSED UPON at the second and final reading of the C	Council, this 3rd day of

29	January, 2024.
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31
32

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33

37	SUSAN M. BONE
38	City Clerk
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40	APPROVED as to legal sufficiency and fmm: 41

43

42	�d1;�A�S�	
44	City Attorney
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46

I	DULY ADVERTISED FOR PUBLIC HEARING:
2
3	November 10, November 17, November 24, December 1, December 8, December 15, December
22 and December 29, 2023
As Per Section 190.005, F.S.