PETITION TO MERGE THE WESTCHASE COMMUNITY DEVELOPMENT DISTRICT AND THE WESTCHASE EAST COMMUNITY DEVELOPMENT DISTRICT
On April 5, 2010, the Florida Land and Water Adjudicatory Commission (“FLWAC” or “Commission”) received a Petition to merge the Westchase Community Development District and the Westchase East Community Development District. The Commission will follow the requirements of Chapter 42-1, Florida Administrative Code (F.A.C.), as amended, and Chapter 190, Florida Statutes (F.S.), as amended, in ruling on this Petition.
SUMMARY OF CONTENTS OF PETITION: The Petition filed by the Westchase Community Development District (“Westchase CDD”) and the Westchase East Community Development District (“Westchase East CDD”), requests the merger of same. On January 5, 2010, the Board of Supervisors for the Westchase CDD and the Westchase East CDD each adopted resolutions approving a merger agreement. The merger agreement, among other things, makes provision for the filing of a petition, the proper allocation of the indebtedness, and the manner in which debt is to be retired. The merger agreement is contained as Exhibit A to the Petition. Westchase CDD currently covers approximately 741 acres of land located entirely within Hillsborough County, Florida. Westchase East CDD currently covers approximately 972 acres of land located entirely within Hillsborough County, Florida. General location maps are contained as Exhibit 2 to the Petition. Pursuant to Section 190.046(3), F.S., the approval of a Merger Agreement and Petition by the Districts’ Board of Supervisors constitutes consent of the landowners within the Districts. Westchase CDD will be the surviving District and the development plan that exists today will remain the same.
SUMMARY OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the Petition to merge the Westchase CDD and the Westchase East CDD. The complete text of the SERC is contained as Exhibit 8 to the Petition. The requirements for a SERC are found in Section 120.541(2), F.S. A SERC must contain (a) a good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a description of the types of individuals likely to be affected by the rule; (b) a good faith estimate of the costs to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues; (c) a good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule; (d) an analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S.; (e) any additional information that the agency determines may be useful; and (f) any good faith written proposal submitted under Section (a) and either a statement adopting the alternative or a statement rejecting the alternative in favor of the proposed rule. Addressing Section (a), the proposed merged District, the State of Florida and its residents, Hillsborough County, current property owners of lands within the boundaries of the proposed merged District and future property owners are the principal entities that are likely to be required to comply with the rule. Under Section (b), FLWAC and the State of Florida will incur administrative costs. Hillsborough County may incur costs resulting from the initial review and on-going costs resulting from the on-going administration of the proposed merged District. There is a filing fee paid to Hillsborough County to offset any costs it may incur. Adoption of the proposed rule to merge the boundaries of the Westchase CDD and the Westchase East CDD will not have a negative impact on State and local revenues. Addressing Section (c), the Westchase CDD and Hillsborough County will continue to have responsibility for the operation and maintenance of public infrastructure originally funded by Westchase and Westchase East CDDs. However the responsibilities of Hillsborough County will remain unchanged following the merger. All properties within the proposed merged District will be encumbered with obligations to pay for public infrastructure and operations and maintenance expenses incurred by the proposed merged District. Assessments securing repayment of previous bond issuances will not be affected by the merger of the Districts. Under Section (d), approval of the Petition to merge the Westchase CDD and the Westchase East CDD will have no impact on small businesses. The Petition to merge the Districts will not have an impact on small counties as Hillsborough County is not a small county as defined by Section 120.52, F.S. Under Section (e), the merger is expected to lead to the reduction or elimination of redundant meetings, paperwork, and expenses and is expected to produce direct cost savings to the proposed merged District. The proposed merged District will likely be able to reduce its non-ad valorem assessment collections and still achieve its goal of providing appropriate public infrastructure facilities and services.
A LOCAL HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
DATE AND TIME: Thursday, September 30, 2010, 1:00 p.m.
PLACE: Upper Tampa Bay Regional Library
(Hillsborough County)
Conference Room
12111 Countryway Boulevard
Tampa, Florida
Any person requiring a special accommodation to participate in the hearing because of a disability should contact Erin McCormick Larrinaga, Fowler White Boggs, Post Office Box 1438, Tampa, Florida 33601, (813)228-7411 at least two (2) business days in advance in order to provide sufficient opportunity to make appropriate arrangements.
Copies of the Petition may be obtained by contacting: Erin McCormick Larrinaga, Fowler White Boggs, Post Office Box 1438, Tampa, Florida 33601, (813)228-7411, or Barbara Leighty, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, (850)487-1884.