APPEALS: DISABILITY:

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1 Meeting of the City Commission City Hall Meridian Avenue Dade City, Florida Tuesday, August 28, :30 PM CITY COMMISSION Camille S. Hernandez, Mayor Eunice M. Penix, Mayor Pro-Tem Scott Black, Commissioner Nicole Deese Newlon, Commissioner James D. Shive, Commissioner CITY OFFICIALS William C. Poe, Jr., City Manager Angelia Guy, City Clerk Leslie Porter, Finance Officer Nancy Stuparich, City Attorney REGULAR SESSION AGENDA A. CALL TO ORDER A.1. A.2. A.3. A.4. Invocation, Pledge of Allegiance Roll Call Changes or Modification to the Agenda Disclosure of any known conflicts of interest regarding an agenda item. B. PRESENTATIONS B.1. B.2. B.3. B.4. B.5. Youth Council Updates Miguel Velez - Recognition Recognition of Lieutenant Brian Uppercue's promotion Recognition of Lieutenant William Rowe's promotion Swearing in of Chief James Walters C. PUBLIC COMMENTS D. CONSENT AGENDA D.1. City Commission Minutes - August 14, 2018 DRAFT-City Commission - 14 Aug 2018 D.2. Budget Workshop Minutes - August 14, 2018

2 DRAFT Workshop - 14 Aug 2018 D.3. Youth Council Interviews - August 14, 2018 DRAFT-Youth Council Interview - 14 Aug 2018 D.4. D.5. D.6. Finance Officer contract AGENDA MEMO - Finance Officer Contract Amended Restated Finance Officer LP City Clerk contract AGENDA MEMO - City Clerk Amended & Restated City Clerk City Manager contract AGENDA MEMO - City Manager Contract Final Amended and Restated Agreement - William C. Poe Jr. - Employment Agreement E. CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA (if any) F. PUBLIC HEARING - INTRODUCTION & FIRST READING OF PROPOSED ORDINANCES F.1. Ordinance Tank Hill Annexation (legislative) AT THE REQUEST OF THE ENTIRE CITY COMMISSION ORDINANCE NO: AN ORDINANCE OF THE CITY OF DADE CITY, FLORIDA, ANNEXING BY VOLUNTARY PETITION CERTAIN REAL PROPERTY OWNED BY THE CITY OF DADE CITY, FLORIDA BEARING PROPERTY IDENTIFICATION NUMBERS AND , APPROXIMATELY 4.56 ACRES IN SIZE, AND GENERALLY LOCATED NEAR THE INTERSECTION OF JEFFERSON AVENUE AND SKYLINE DRIVE, DADE CITY, FLORIDA, CONTIGUOUS TO THE CITY OF DADE CITY IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION , FLORIDA STATUTES, AND OTHER CONTROLLING LAW; REDEFINING THE BOUNDARIES OF THE CITY OF DADE CITY TO INCLUDE SAID PROPERTY; PROVIDING FOR FINDINGS; PROVIDING FOR CONDITIONS; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF ADMINISTRATIVE OFFICER OF PASCO COUNTY AND WITH THE DEPARTMENT OF STATE; PROVIDING FOR LEGAL DESCRIPTION AND A MAP; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION AND THE TAKING OF ADMINISTRATIVE ACTIONS AND PROVIDING FOR AN EFFECTIVE DATE. Tankhill Annexation Memo Ordinance Proof of Publication Page 2 of 108

3 G. PUBLIC HEARING - ADOPTION & SECOND READING OF PROPOSED ORDINANCES H. UNFINISHED BUSINESS H.1. Request by JDR Properties of Pasco, Inc. for de-annexation from The City of Dade City Agenda Memo - JDR Deannex request-postpone Agenda Memo - Deannexation Study for JDR I. NEW BUSINESS I.1. Workshop date for Medical Marijuana Dispensing Ordinance J. CITY ADMINISTRATION ITEMS (IF ANY) J.1. J.2. J.3. J.4. J.5. J.6. J.7. City Manager City Clerk Finance Director City Attorney Police Chief Community Development Director City Engineer/Public Works Director K. COMMISSIONER ITEMS L. PUBLIC COMMENTS (For items not already discussed) M. NOTED ITEMS N. ADJOURNMENT CHAMBER RULES:The Dade City Commission welcomes comments from the public regarding non-agenda items during the Public Comment portions of the meeting and agenda items as scheduled. We ask that any person addressing the commission shall complete a speaker form and give it to the city clerk before approaching the podium. Each person addressing the city commission shall step up in front of the commission, give their name and address in an audible tone of voice for the record, and, unless further time is requested and granted by the city commission, shall limit their address to three minutes. All remarks shall be addressed to the city commission as a body and not to any individual member of the city commission. No person, other than the city commission and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the city commission, without permission of the presiding officer. No question shall be asked of an individual city commissioner except through the presiding officer. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the city commission shall be forthwith, by the presiding officer, barred from further audience before the city commission, unless permission to continue is granted by a majority vote of the city commission. Public comment shall be governed by Florida law if the matter is quasi-judicial (variances, rezonings, etc.). Please silence your cellphones during all meetings. Page 3 of 108

4 APPEALS:Any person desiring to appeal any decision made by the City Commission with respect to any matter considered at any meeting or hearing will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon with the appeal is based. DISABILITY:If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled at no cost to you to the provision of certain assistance within two (2) working days of your receipt of this notice. Please contact the Dade City Clerk s office, P.O. Box 1355, Dade City, FL ; (352) for further assistance and information. Page 4 of 108

5 DADE CITY City Commission August 14, 2018 Commission Chambers Minutes MEMBERS PRESENT: Mayor Camille S. Hernandez Mayor Pro- Tem Eunice Penix Commissioner Nicole Deese Newlon Commissioner Scott Black Commissioner James D. Shive MEMBERS ABSENT/REGRETS: STAFF PRESENT: William C. Poe, Jr. City Manager; Angelia Guy, City Clerk; Leslie Porter, Finance Officer; Nancy Stuparich, City Attorney; James Walters Acting Chief of Police, Michael Sherman, AICP/Community Development Director 1. CALL TO 5:41 p.m. 1.1 Invocation, Pledge of Allegiance Mayor Pro-Tem Penix gave the invocation and then the Pledge was recited. 1.2 Roll Call All members were present. 1.3 Changes or Modification to the Agenda The presentation order was slightly modified. 1.4 Disclosure of any known conflicts of interest regarding an agenda item. No conflicts were noted. 2. PRESENTATIONS 2.1 Recognition of Purple Heart Day - August 7th Mr. McMillan and James Baldree came to accept the proclamation recognizing August 7th as Purple Heart Day in Dade City. They then presented the Commission with Purple Heart City Sign and a Purple Heart flag to be flown on Washington's Birthday in February, Memorial Day,The 4th of July and Purple Heart Day on August 7th in Dade City. Page 5 of 108 Page 1 of 5

6 City Commission - Minutes August 14, Swearing in of Police Officer Tyler Deliberti Acting Chief Walters swore in Officer Deliberti. He was accompanied by family members who were present during the pinning of his badge. 2.3 Recognition of Sgt. Tungate's promotion from Detective to Patrol Sergeant. Sgt. Tungate's promotion was acknowledged by Acting Chief Walters. Sgt. 2.4 Recognition of Detective Amanda Chambers from Patrol to Criminal Investigations Detective Chamber's promotion was presented by Acting Chief Walters. 3. PUBLIC COMMENTS 3.1 No public comments were made. 4. CONSENT AGENDA 4.1 City Commission Meeting Minutes - July 24, 2018 Moved by Commissioner Newlon, seconded by Mayor Pro Tem Penix. All approved, motion carried. CARRIED. 4.2 Budget Workshop Minutes - July 24, 2018 Moved by Commissioner Newlon, seconded by Mayor Pro Tem Penix. All approved, motion carried. CARRIED. 4.3 Approval of Youth Council Applicants Bryant Beinhauer, Victoria Conn Laila White, Stephanie White Moved by Commissioner Newlon, seconded by Mayor Pro Tem Penix. All approved, motion carried. CARRIED. 4.4 Reappoint Hayley Johnson, La'Dainian Johnson and Noah Neptune to Youth Council. Moved by Commissioner Newlon, seconded by Mayor Pro Tem Penix. All approved, motion carried. CARRIED. 5. CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA (if any) 6. PUBLIC HEARING - INTRODUCTION & FIRST READING OF PROPOSED ORDINANCES Page 6 of 108 Page 2 of 5

7 City Commission - Minutes August 14, EAR Based Comprehensive Plan Amendments AT THE REQUEST OF THE ENTIRE CITY COMMISSION ORDINANCE AN ORDINANCE OF THE CITY OF DADE CITY, FLORIDA AMENDING THE CITY OF DADE CITY COMPREHENSIVE PLAN, AS PREVIOUSLY AMENDED; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; AMENDMENT TO THE FUTURE LAND USE ELEMENT, TRANSPORTATION ELEMENT, INFRASTRUCTURE ELEMENT, CONSERVATION ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND PUBLIC SCHOOL FACILITIES ELEMENT, PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS, RATIFICATION OF PRIOR ACTS, SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. Attorney Stuparich read the Ordinance title. Mr. Sherman presented information related to the ordinance. Discussion relating to the process was reviewed along with a timeline for submission. Moved by Commissioner Newlon to submit to DEO and prepare for approval and second hearing. Second made by Commissioner Shive. All approved, motion carried. Attorney Stuparich read the Ordinance Title. Public Hearing opened at 6:14. No comments made, hearing closed. CARRIED 7. PUBLIC HEARING - ADOPTION & SECOND READING OF PROPOSED ORDINANCES 8. UNFINISHED BUSINESS 9. NEW BUSINESS 9.1 Retail Recruiting - Scott Black Commissioner Black presented details on the retail recruitment and development plan. After discussion it was decided to pursue and seek proposals for this service, funding sources and consideration of more than a one year timeline were suggested. 9.2 Discussion of Bike Hub and Hardy Trail locations within Agnes Lamb Park Mr. Poe shared maps of the trail locations within Agnes Lamb Park. Parking spaces, landscaping, events during the construction phase were discussed. Questions regarding the final plan approval along with public meetings and / or hearings were noted. 9.3 Approval of agreement # FDOT Hardy Trail Page 7 of 108 Page 3 of 5

8 City Commission - Minutes August 14, 2018 Mr. Sherman explained the supplemental agreement's purpose to use $60, to apply towards construction of the Hardy Trail Moved by Commissioner Shive, seconded by Mayor Pro Tem Penix. All approved CARRIED. 10. CITY ADMINISTRATION ITEMS (IF ANY) 10.1 City Manager Mr. Poe will be out of the office attending the FLC Annual Conference August 16- August City Clerk Clerk will be out of the office attending a Clerk Meeting in Bellview. 50 Year Home Rule Resolution was passed by MAP Association. Ridge League RSVP's are requested Finance Director 10.4 City Attorney Attorney will be chaperoning YC members at FLC Conference in Hollywood this weekend Acting Police Chief Walters Acting Chief noticed fundraiser for K-9's, Shop with a Cop, Ballin for Jesus and the PD hosted City Employee night out. He gave thanks to YC and Explorers for their participation. Commissioner Newlon gave credit for Acting Chief Walters and his video regarding See Something Say Something. Chief Walters will share the link for viewing Community Development Director 10.7 City Engineer/Public Works Director Absent 11. COMMISSIONER ITEMS 11.1 Commissioner Black reminded those present to recycle. Commissioner Newlon reminded us school is back in session and to drive safely. Mayor Hernandez expressed her gratitude for the Shop with a Cop Event, striping at school crossings and asked about blinking lights on the trails. 12. PUBLIC COMMENTS (For items not already discussed) 13. NOTED ITEMS Page 8 of 108 Page 4 of 5

9 City Commission - Minutes August 14, Monthly recycle report 13.2 Mrs. Marion Nesbitt 13.3 Utility Accounts Receivable Write-Offs 14. ADJOURNMENT 14.1 The meeting adjourned at 7:12 p.m. Camille S. Hernandez Mayor Angelia Guy City Clerk Page 9 of 108 Page 5 of 5

10 DADE CITY Workshop August 14, 2018 Commission Chambers Minutes MEMBERS PRESENT: Mayor Camille S. Hernandez Mayor Pro- Tem Eunice Penix Commissioner Nicole Deese Newlon Commissioner Scott Black Commissioner James D. Shive MEMBERS ABSENT/REGRETS: STAFF PRESENT: William C. Poe, Jr. City Manager; Angelia Guy, City Clerk; Leslie Porter, Finance Officer; Nancy Stuparich, City Attorney; James Walters, Acting Chief of Police, Michael Sherman, AICP/Community Development Director 1. CALL TO 4:15 p.m. 1.1 Roll Call All members were present. 1.2 The meeting was called to order at 4:15 p.m. 2. PRESENTATIONS Presentation of Budget 3. PUBLIC COMMENTS 3.1 Presentation of Proposed Budget Mr. Poe presented the proposed budget and reviewed changes. Items pertaining to a CRA overlay, years of service and incremental step increases were also addressed. There were concerns that a few employees may still be below mid range even with these increases. Several City employees were present. Mr. Poe agreed to look at these to determine the reasons. Commissioner Shive asked for figures relating to 10th Street. Commissioner Newlon asked for an updated spreadsheet as it relates to park expenditures. Page 10 of 108 Page 1 of 2

11 Workshop - Minutes August 14, 2018 Mr. Sherman gave a brief explanation about the CRA Overlay as it relates to density, zoning, building heights, and setbacks which was a sampling of items as it relates. to the Land Development Code. It was decided that an additional workshop be held at 4:00 p.m. on August 28, ADJOURNMENT 4.1 The meeting adjourned at 5:06 p.m. Camille S. Hernandez Mayor Angelia Guy City Clerk Page 11 of 108 Page 2 of 2

12 DADE CITY Workshop August 14, 2018 Commission Chambers Minutes MEMBERS PRESENT: Mayor Camille S. Hernandez Mayor Pro- Tem Eunice Penix Commissioner Nicole Deese Newlon Commissioner Scott Black Commissioner James D. Shive MEMBERS ABSENT/REGRETS: STAFF PRESENT: William C. Poe, Jr. City Manager; Angelia Guy, City Clerk 1. CALL TO 5:12 P.M. 1.1 Roll Call - all members present 2. PRESENTATIONS 2.1 The Commission each asked applicants a round of questions. The applicants answered or replied as asked and gave notice of their desire to serve on the Youth Council as well as a short bio of themselves. 3. PUBLIC COMMENTS 4. 5:26 P.M. Camille S. Hernandez Mayor Page 12 of 108 Page 1 of 2

13 Workshop - Minutes August 14, 2018 Angelia Guy City Clerk Page 13 of 108 Page 2 of 2

14 To: From: City of Dade City AGENDA MEMO Honorable Mayor and Members of the City Commission Nancy Stuparich, City Attorney Subject: Amended and Restated Employment Contract Finance Officer Date: August 28, 2018 RECOMMENDATION: 1. Consider and approve the proposed amendments to the Finance Officer s employment contract as discussed at the workshop held on July 19, 2018 and thereafter further discussed with the Finance Officer. OR 2. Further amend and approve the revised employment contract. HIGHLIGHTS: Removal of Whereas clauses Substitution of the word Officer per City Charter for Director Includes a 60 day notice requirement in the event of resignation, benefit of aggregate salary and penalty for failure to provide 60 day notice Provides that the City Commission, in its discretion, may award the Finance Officer a lump sum bonus Includes clarification of retirement benefits in Section H-a Includes a 90 day notice provision for change of terms Page 14 of 108

15 Agreement No AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR FINANCE OFFICER THIS AMENDED AND RESTATED AGREEMENT is made and entered into by and between the City of Dade City, Florida, a Florida municipal corporation, by and through its City Commission (hereinafter "CITY"), and Leslie Porter (hereinafter "PORTER"), both of whom agree as WITNESSETH: WHEREAS, after public advertisement and public interview and discussion of applicants, Leslie Porter was selected as Finance Director for the City of Dade City on January 6, 2014: and WHEREAS, it is the desire of the City Commission to contract with Porter for her service as the City's Finance Director; and WHEREAS, the City Commission has agreed to provide certain benefits, establish certain conditions of employment, and to set working conditions for Porter in her capacity as the City's Finance Director. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows SECTION 1. Duties. Porter hereby agrees to perform the functions and duties as Finance Director Officer as specified in the job description attached hereto, the City Charter, the Code of Ordinances, and any other legally permissible and proper duties as directed by the City Commission. Porter shall report directly to and serve at the pleasure of the City Commission as provided in the Dade City Charter. SECTION 2. Term. This Agreement shall provide for employment and services as outlined above and shall be effective January 13, 2014, renewable yearly upon this anniversary date of every succeeding year unless earlier terminated by either party as provided herein. For the initial contract term, Porter shall be subject to a probationary period of six (6) months from the effective date of the contract during which time, Section 3(b) of this Agreement shall not apply. SECTION 3. Termination. A. Either party may terminate this Agreement upon sixty (60) days written notice. The City shall be obligated to pay for all services rendered through the date of termination. It is further Draft Page 15 of 108

16 understood that after notice of termination in any form, Porter and the City shall cooperate to provide for an orderly transition. B. In the event Porter is terminated by the City or this Agreement is not renewed by the City under the same terms and conditions, as provided in Section 2, and if, during such time, Porter is willing and able to perform her duties under this Agreement, then, in that event, City agrees to pay Porter severance in a lump sum or periodic cash payments, at Porter's sole election, payment equal to three (3) months aggregate salary; provided, however, that in the event Porter is terminated because of her conviction of an illegal act constituting a felony or constituting a misdemeanor involving personal gain to her, then in that event, City shall have no obligation to pay severance. Aggregate salary shall be defined as base salary plus retirement benefits plus health and dental insurance benefits. C. In the event that the City, at any time during the term of this Agreement: 1) reduces the salary or other financial benefits of Porter in a greater percentage than applicable across the-board reductions for all employees of the City; 2) refuses, following written notice, to comply with any other provision benefiting Porter herein; or 3) Porter resigns following a suggestion, whether formal or informal, by the City that she resign, then, in any these events, that event, Porter may, at her option, be deemed to be "terminated," within the meaning and context of this Section. D. In the event Porter voluntarily resigns her position with Dade City before expiration of the Agreement, then Porter shall give Dade City sixty (60) days notice in advance, unless the parties otherwise agree. In return for the 60 days notice, Porter shall receive 2 months aggregate salary to be payable at the end of the 60 day period or earlier if the parties agree. In addition, Porter shall receive her regular salary and benefits during the 60 day period. If Porter fails to give 60 days notice, then Porter shall forfeit to Dade City, as damages, accrued leave payout not to exceed forty (40) hours. Aggregate salary shall be defined as in Paragraph B above. SECTION 4. Compensation. A. City agrees to pay Porter for her services as Finance Director Officer at an annual base salary of $65, during the period from the effective date of this Agreement until the conclusion of the six (6) month probationary period. Upon successful completion of the probationary period, the Commission will increase Porter's base salary to $70, Thereafter, the City Commission agrees to consider an annual increase in this base salary and/or other benefits of Porter in such amounts and to such extent as the Commission may determine that it is desirable to do so, in its sole discretion. In addition, and cumulatively, Porter shall be entitled to the same percentage of increase of her base salary given in any particular year to non-union employees of the City for that particular year. At its discretion, the City may provide Porter with a lump sum bonus for outstanding performance during her prior year of service. During FY17-18, Porter shall receive a performance bonus of $2,500. B. Employment services shall include attendance at all City Commission meetings unless otherwise excused, which excusal shall not reasonably be withheld. It is recognized that Porter will be required to devote time outside of normal office hours to the business of the City, and to Draft Page 16 of 108

17 that end Porter will be allowed to take compensatory time off as she shall deem appropriate during said normal office hours. C. The City agrees to pay and to make required premium payments for Porter for insurance policies for life, workers' compensation, medical, and dental covering Porter as provided by the Dade City Personnel Rules and Regulations. D. Porter shall accrue and have vacation and sick leave credited at the following rates: Vacation: Sick: Fourteen and 67/100 (14.67) hours per month Eight (8.00) hours per month E. If Porter is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health, Porter shall have the benefits and restrictions afforded by the Family Medical Leave Act (FMLA), as contained in the Dade City Personnel Rules and Regulations. F. Within reason, the City agrees to budget and to pay for professional dues and subscriptions of Porter necessary for her continued and full participation in national, regional, state, and local associations and organizations necessary and desirable for her continued professional participation, growth, and advancement, and for the good of the City. G. Within reason, the City agrees to budget and pay for professional fees and costs as well as travel and subsistence expenses of Porter for conferences, seminars, online training, and other educational offerings necessary for her professional development or to maintain her status as Florida Certified Government Finance Officer, and for the good of the City. H. The City shall bear the full cost of any fidelity or other bonds required under any law, ordinance, agreement, or covenant. a.) Dade City agrees to contribute an amount equal to five percent (5%) of Porter's base salary, as adjusted, paid to a self-directed retirement account for the benefit of Porter. At the discretion of the City, Porter may receive an additional percentage in the same amount given to all other non-union City employees. Notwithstanding the foregoing, in no event shall the City s contribution to Porter s retirement benefits exceed 12.5% of Porter s base salary, as adjusted. In the event the City changes the retirement plans offered to its employees or at the request of Porter, the City in its sole discretion may revisit this provision. b.) To reward Porter for her commitment to Dade City, for her sixth year and for the following four years thereafter (years 6-10 of this Agreement), if Porter has continuous service under this Agreement, Dade City agrees to contribute an amount equal to an additional 2.5% of her base salary, as adjusted, paid to a self-directed retirement account to the benefit of Porter. c.) To further reward Porter for her commitment to Dade City, for her eleventh year and for all following years of continuous service under this Agreement, Dade City agrees to Draft Page 17 of 108

18 contribute an amount equal to an additional five percent (5%) of her base salary, as adjusted, paid to a self-directed retirement account to the benefit of Porter. d.) J. In lieu of providing a City-paid cellular phone for Porter's use to conduct City business, Dade City agrees to reimburse Porter Fifty Dollars ($50.00) per month and Porter will provide her own phone at her expense. Porter shall be responsible for her own phone billing. Porter agrees to provide her cellular phone number to the City Commission and to make the number available for access by the City staff and other persons who would normally use such a service. K. Dade City will provide Porter with mileage reimbursement for trips outside of the City when it is necessary for her to use her personal vehicle for City business, Porter shall keep accurate records of the trip and be reimbursed as provided in Florida Statutes, as amended and/or other applicable rules and regulations as may be adopted by the City. Further, Porter shall be responsible for providing the vehicle, paying liability and physical damage insurance, maintenance and repair on said automobile. L. All provisions of the Dade City Personnel Rules and Regulations, including those relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Porter as they would to other employees of the City, in addition to said benefits enumerated specifically for the benefit of Porter in this Agreement. SECTION 5. Indemnification. In accordance with Florida Statutes, the City shall defend, save harmless and indemnify Porter against any tort, professional liability claim or demand, or other legal actions, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Porter's duties as City Finance Director Officer unless she acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The City shall not be liable in tort for the actions or omissions of Porter committed while acting outside of the course and scope of her agreed duties or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. SECTION 6. Amendments. In the event the City intends to amend any of the terms and conditions of this Agreement, it shall provide 90 days notice to Porter. IN WITNESS WHEREOF, the parties hereto have hereunto placed their hands and seals this day of, 2018, in Dade City, Florida. ATTEST: CITY OF DADE CITY Draft Page 18 of 108

19 Angelia Guy, City Clerk Camille S. Hernandez, Mayor Approved as to Legal Form Nancy Stuparich, City Attorney LESLIE PORTER Leslie Porter Draft Page 19 of 108

20 To: From: City of Dade City AGENDA MEMO Honorable Mayor and Members of the City Commission Nancy Stuparich, City Attorney Subject: Amended and Restated Employment Contract City Clerk Date: August 28, 2018 RECOMMENDATION: 1. Consider and approve the proposed amendments to the City Clerk s employment contract as discussed at the workshop held on July 19, 2018 and thereafter further discussed with the City Clerk. OR 2. Further amend and approve the revised employment contract. HIGHLIGHTS: Removal of Whereas clauses Includes a 60 day notice requirement in the event of resignation, benefit of aggregate salary and penalty for failure to provide 60 day notice Removal of reference to pay grade 117 Provides that the City Commission, in its discretion, may award the City Clerk a lump sum bonus and a retroactive pay increase Includes clarification of retirement benefits and professional status as Master Municipal Clerk Includes a severance payment equal to 3 months of aggregate salary Includes a telephone benefit Subjects the City Clerk to the Dade City Personnel Rules and Regulations, clarifies benefits and redeposits hours of accrued leave Page 20 of 108

21 Agreement AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR CITY CLERK THIS AMENDED AND RESTATED AGREEMENT made and entered into by and between the CITY OF DADE CITY, FLORIDA, a Florida municipal corporation, by and through its City Commission (hereinafter "CITY"), and ANGELIA K. GUY (hereinafter "Guy"), both of whom agree as follows WITNESSETH. WHEREAS, after public advertisement and public interview and discussion of applicants, Angelia Guy was selected by the City Commission to serve full time as the City Clerk, and WHEREAS, Angelia K. Guy commenced employment at the City on November 10, 2014, and WHEREAS, it is the desire of the City Commission to amend the original employment agreement with Guy based upon her annual review and for her continued service as the City Clerk. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows SECTION 1. Duties. Guy hereby agrees to perform the functions and duties as City Clerk as specified in the job description attached hereto, the City Charter, the Code of Ordinances, and any other legally permissible and proper duties as directed by the City Commission. Guy shall report directly to and serve at the pleasure of the City Commission SECTION 2. Term This Agreement shall provide for employment and services as outlined above and shall be effective retroactively to November 10, 2015, and renewable yearly upon this anniversary date of every succeeding year unless earlier terminated by either party as provided herein SECTION 3. Termination. A. Either party may terminate this Agreement upon sixty (60) days written notice. The CITY shall be obligated to pay for all services rendered through the date of termination. It is further understood that after notice of termination in any form, GUY and the CITY shall cooperate to provide for an orderly transition. August 22, 2018 PM 1 Page 21 of 108

22 B In the event GUY voluntarily resigns her position with Dade City before expiration of the Agreement, then GUY shall give Dade City sixty (60) days notice in advance, unless the parties otherwise agree. In return for the 60 days notice, GUY shall receive 2 months aggregate salary to be payable at the end of the 60 day period or earlier if the parties agree. In addition, GUY shall receive her regular salary and benefits during the 60 day period. If GUY fails to give 60 days notice, then GUY shall forfeit to Dade City, as damages, accrued leave payout not to exceed forty (40) hours. Aggregate salary shall be defined as base salary plus retirement benefits plus health and dental insurance benefits. SECTION 4. Compensation. A. City agrees to pay Guy for services as Clerk at the City Clerk Pay Grade of 117 with a specific annual base salary of Forty Thousand Dollars and 00/100 ($40,000) which shall be paid retroactively from November 10, 2014 until termination or until further review and evaluation by the City Commission. Guy shall, however, also be entitled to any annual pay increase or additional benefits provided to all other non-union employees of the City and pay or other benefit increases at the sole discretion of the City Commission. GUY shall be entitled to a $2, merit increase retroactive to her anniversary date of November 10, 2017 during FY and a 5% merit increase in the amount of $2,228 during FY on her anniversary date of November 10, CITY may provide GUY with a lump sum bonus for outstanding performance at any time during the term of her employment. Employment services The City Clerk shall include attendance at all City Commission meetings unless otherwise excused. B. City shall continue to pay Guy's contribution to the City's retirement system as a Pay Grade 117 with a specific contribution of 5% along with medical/life insurance, and professional fees and costs for attendance at conferences and/or online classes necessary for Guy to obtain and thereafter maintain her status as Master Municipal Clerk. To reward GUY for her commitment to CITY, for her sixth year and for the following 4 years thereafter, (only years 6 through 10 of her contract), if GUY has continuous service under this Agreement, as amended, as City Clerk for these years only CITY agrees to contribute an amount equal to an additional 2.5 percent of her base salary, as adjusted, paid to a self-directed retirement account to the benefit of GUY. To further reward GUY for her commitment to CITY, for her 11 th year and for all following years of continuous service under this Agreement, as amended, CITY agrees to contribute an amount equal to an additional 5% of her base salary, as adjusted, paid to a self-directed retirement account to the benefit of GUY. At the discretion of the City, GUY may receive an additional percentage in the same amount given to all other non-union City employees. In the event the City changes the retirement plans offered to its employees or at the request of GUY, the City in its sole discretion may revisit this provision. Notwithstanding the foregoing, in no event shall the CITY s contribution to GUY s retirement benefits exceed 12.5% of GUY s base salary. rates: C. Guy shall accrue and have vacation and sick leave credited at the following August 22, 2018 PM 2 Page 22 of 108

23 a. Vacation: Fourteen and 67/100 (14.67) hours per month b. Sick: Eight (8.00) hours per month D. In the event GUY is terminated by the CITY or this Agreement is not renewed by the CITY under the same terms and conditions, as provided herein, and if during such time GUY is willing and able to perform her duties under this AGREEMENT, as amended, then, in that event, CITY agrees to pay GUY a severance in a lump sum or periodic cash payments, at GUY S sole election, payment equal to three (3) months aggregate salary; provided, however, that in the event GUY is terminated because of her conviction of an illegal act constituting a felony or constituting a misdemeanor involving personal gain to her, then in that event, CITY shall have no obligation to pay severance. E. CITY may provide GUY with a telephone at the CITY s discretion. F. All provisions of the Dade City Personnel Rules and Regulations, including those relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to GUY as they would to other employees of the CITY, in addition to said benefits enumerated specifically for the benefit of GUY in this AGREEMENT. Notwithstanding the foregoing, GUY shall be limited to the amount of leave that can be accrued, not to exceed 320 hours. Any accrued leave in excess of 320 hours, shall be forfeited. As of the Effective Date of this AGREEMENT, as amended and restated, CITY agrees to restore and deposit hours of accrued leave. In the event of termination of this Agreement, as amended and restated, any remaining compensatory time shall be forfeited and any remaining vacation time shall be paid to GUY at her then existing hourly rate. SECTION 5. Indemnification. In accordance with Florida Statutes, the City shall defend, save harmless and indemnify Guy against any tort, professional liability claim or demand, or other legal actions, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Guy's duties as City Clerk unless she acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property The City shall not be liable in tort for the actions or omissions of Guy committed while acting outside of the course and scope of her agreed duties, or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property The City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. IN WITNESS WHEREOF, the parties hereto have hereunto placed their hands and seals this day of, 2018, in Dade City, Florida. ATTEST: CITY OF DADE CITY August 22, 2018 PM 3 Page 23 of 108

24 Angelia Guy, City Clerk Camille S. Hernandez, Mayor Approved as to Legal Form and Sufficiency Nancy Stuparich, City Attorney ANGELIA GUY Angelia Guy August 22, 2018 PM 4 Page 24 of 108

25 To: From: City of Dade City AGENDA MEMO Honorable Mayor and Members of the City Commission Nancy Stuparich, City Attorney Subject: Amended and Restated Employment Contract City Manager Date: August 28, 2018 RECOMMENDATION: 1. Consider and approve the proposed amendments to the City Manager s employment contract as discussed at the workshop held on July 19, 2018 and thereafter further discussed with the City Manager. OR 2. Further amend and approve the revised employment contract HIGHLIGHTS: Section 4 Clarifying language, includes a definition for aggregate salary Section 14 Clarifying language related to retirement benefits Page 25 of 108

26 AGREEMENT Amended and Restated Employment Agreement This is an Amended and Restated Employment Agreement (the "Agreement"), entered into by Dade City, Florida, a Florida municipal corporation, by and through its City Commission ("Dade City"), and William C. Poe, Jr. ("Poe"). Details of the Agreement, whereby Poe is hired as City Manager for Dade City are as follows: Section 1. Duties Dade City agrees to employ Poe as City Manager, to perform functions and duties specified in this Agreement, the Dade City Charter (which may be amended) and Code of Ordinances (which may be amended), and as legally permissible and proper as Dade City shall, from time to time, assign. Section 2. Term A. The term of employment shall be effective March 18, 2008, renewable yearly with an anniversary date of April 1 of every succeeding year, unless the Agreement is terminated by either party as hereinafter provided. B. Nothing in the Agreement shall prevent, limit, or otherwise interfere with the right of Dade City to terminate the services of Poe at any time, subject only to the provisions set forth in section 4, paragraphs A and B, of this Agreement. C. Nothing in the Agreement shall prevent, limit, or otherwise interfere with the right of Poe to resign at any time from his position with Dade City, subject only to the provisions set forth in section 4, paragraph C, of this Agreement. D. Poe agrees to remain in the exclusive employ of Dade City during the above noted term, and/or as may be extended as provided herein, and neither to accept other employment nor to become employed by any other state, federal or local governmental agency, department, municipality or corporation until said termination date, unless said termination date is affected as hereinafter provided, or as otherwise agreed to by the parties. Section 3. Suspension Dade City may suspend Poe at any time during the term of this Agreement, as follows: A. Pursuant to this Agreement; B. Pursuant to the Dade City Charter and/or Code of Ordinances (as amended); C. With or without pay, where a majority of the City Commission of Dade City and Poe agree; D. With full pay and benefits upon a majority vote of Dade City; or E. Without pay and benefits following a duly convened meeting and upon a vote by majority of the City Commission to suspend Poe for just cause; provided, however, that Poe shall have been given written notice setting forth any charges at least five (5) working days prior to such hearing by Dade City bringing such charges. Final August 23, 2018 Agreement Page 1 Page 26 of 108

27 Section 4. Termination and Severance Pay A. In the event Poe is terminated by Dade City and, during such time, Poe is willing and able to perform his duties under this Agreement, then, in that event, Dade City agrees to pay Poe severance in a lump sum or periodic cash payments, at Poe's sole election, payment equal to six (6) months aggregate salary; provided, however, that in the event Poe is terminated because of his conviction of an illegal act constituting a felony or constituting a misdemeanor involving personal gain to him, then in that event Dade City shall have no obligation to pay severance. B. In the event Dade City, at any time during the term of this Agreement, reduces the salary or other financial benefits of Poe in a greater percentage than applicable across-the-board reductions for all employees of Dade City, or refuses, following written notice, to comply with any other provision benefiting Poe herein, or Poe resigns following a suggestion, whether formal or informal, by Dade City that he resign, then, in that event, Poe may, at his option, be deemed to be "terminated," within the meaning and context of the herein severance pay provision. In the event that the City, at any time during the term of this Agreement: 1) reduces the salary or other financial benefits of Poe in a greater percentage than all employees of the City; 2) refuses, following written notice, to comply with any other provision benefiting Poe herein; or 3) Poe resigns following a suggestion, whether formal or informal, by the City that he resign, then, in any these events, Poe may, at his option, be deemed to be "terminated," within the meaning and context of this Section. C. In the event Poe pursuant to Section 2, Paragraph C, voluntarily resigns his position with Dade City before expiration of the Agreement, then Poe shall give Dade City ninety (90) days notice in advance, unless the parties otherwise agree. In return for the 90 day notice, Poe shall receive 3 months aggregate salary to be payable at the end of the 90 day period or earlier if the parties agree. In addition, Poe shall receive his regular salary and benefits during the 90 day period. During such notice period, the obligation of Dade City for a severance payment shall be diminished on a day-for-day basis. If Poe fails to give 90 days such notice, then Poe shall forfeit to Dade City, as damages, accrued leave payout not to exceed eighty (80) hours. Aggregate salary shall include base salary, retirement benefits, and health and dental insurance. Section 5. Disability If Poe is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health, Poe shall have the benefits and restrictions afforded by the Family Medical Leave Act (FMLA) as contained in Dade City's Personnel Rules and Regulations. If Poe should become incapacitated as outlined above prior to becoming eligible under FMLA, Poe shall be allowed a period of six (6) successive weeks, during which period Poe may use any accrued leave. Upon exhaustion of the above-outlined applicable period, Dade City shall have the option to terminate this Agreement, without being subject to the severance pay requirements of Section 4, paragraph A. However, Poe shall be compensated for any remaining sick leave, vacation, holidays, compensatory time, or other accrued benefits. Section 6. Salary Final August 23, 2018 Agreement Page 2 Page 27 of 108

28 A. Dade City agrees to pay Poe an annual base salary of seventy-five thousand and no/100 dollars ($75,000.00). Said amounts shall be payable in installments at the same time as other employees of Dade City are paid. B. Dade City agrees to consider an increase in this base salary and/or other benefits of Poe in such amounts and to such extent as Dade City may determine that it is desirable to do so, in its sole discretion. In addition, and cumulatively, Poe shall be entitled to the same percentage of increase of his base salary given in any particular year to non-union employees of the City for that particular year, however, if Dade City elects in a particular year to not increase all non-union employees, Poe shall have no right to a similar percentage increase of his base pay. Section 7. Performance evaluation A. Dade City shall strive to review and evaluate the performance of Poe annually in accordance with specific criteria developed by Dade City. The Mayor shall provide Poe with a summary written statement of the findings of Dade City and provide an adequate opportunity for Poe to discuss his evaluation with City Commissioners. Nothing in this Agreement or section shall require Dade City to formally, on a yearly basis, evaluate Poe, however, and while it will be the preference of Dade City to annually review Poe and his performance, failure of Dade City to perform such an evaluation shall not entitle Poe in any way to any salary increase. B. Annually, or at such other time determined by Dade City, Dade City and Poe shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of Dade City's policy objectives, and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and within the annual operating and capital budgets and appropriations provided. Section 8. Hours of work It is recognized that Poe must devote a great deal of time outside the normal office hours to business of Dade City, and to that end Poe will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. Section 9. Outside activities Poe agrees to not spend more than an average of ten (10) hours per week in teaching, consulting or other non-dade City connected business during off-duty hours without prior approval of Dade City. Section 10. Cellular phone, data and personal data assistance In lieu of providing a city-paid cellular phone for the use of Poe to conduct City business, Dade City agrees to reimburse Poe fifty dollars ($50.00) a month and Poe will Final August 23, 2018 Agreement Page 3 Page 28 of 108

29 provide his own phone at his expense. Poe shall be responsible for his own phone billing. Poe agrees to provide the number of his cellular phone and make the same available for access by Dade City, City staff and other persons who would normally use such a service. Dade City may likewise choose to provide an additional cellular phone to Poe for coordination into the City cellular network. Section 11. Automobile Dade City will provide an automobile allowance to the Poe. Such allowance shall be in the fixed amount of two hundred fifty dollars ($250.00) per month, for use of his privately owned automobile on official business. Such amount may be adjusted upon mutual agreement of the parties. Poe shall be responsible for providing the vehicle, paying liability and physical damage insurance, maintenance and repair on said automobile. Poe may be reimbursed for trips outside of the City by the City for City business, and in that event Poe shall keep accurate records of the trip and be reimbursed as provided in Florida Statutes and/or other applicable rules and regulations. Section 12. Vacation, Sick, Administrative, and Military leave Poe shall accrue and have vacation and sick leave credited at the following rates: Vacation: Sick: Fourteen and 67/100 (14.67) hours per month Eight (8) hours per month Section 13. Disability, Health, and Life insurance A. Dade City agrees to pay and to make required premium payments for Poe for insurance policies for life, workers' compensation and medical and dental covering Poe as provided by Dade City Personnel Rules and Regulations. In the alternative and at his option, Poe may submit documentation of payments made directly for these coverages and be reimbursed on a supplemental, pre-tax basis up to the amount of benefit contribution made for regular employees of Dade City. B. If Dade City elects, Poe agrees to submit once per year to a complete physical examination by a qualified physician selected by the Dade City, the cost of which shall be paid by Dade City. Dade City shall receive a copy of all medical reports related to said examination. Section 14. Retirement A. Dade City agrees to contribute an amount equal to five percent (5%) of Poe's base salary, as adjusted, paid to a self-directed retirement account to the benefit of Poe. B. To reward Poe for his commitment to Dade City, for his sixth year and for the following 4 years thereafter, (only years 6 through 10 of his contract), if Poe has continuous service under this contract as City Manager, for these years only Dade City agrees to contribute an amount equal to an additional two point five percent (2.5%) of his base salary, Final August 23, 2018 Agreement Page 4 Page 29 of 108

30 as adjusted, paid to a self-directed retirement account to the benefit of Poe. C. To further reward Poe for his commitment to Dade City, for his eleventh year and for all following years of continuous service under this contract, Dade City agrees to contribute an amount equal to an additional five percent (5%) of his base salary, as adjusted, paid to a self-directed retirement account to the benefit of Poe. D. Notwithstanding the foregoing, in no event shall the CITY s contribution to Poe s retirement benefits exceed 12.5% of Poe s base salary. In the event the City changes the retirement plans offered to its employees or at the request of Poe, the city at its sole discretion, the City may revisit this provision. Section 15. Dues and subscriptions Within reason, Dade City agrees to budget and to pay for the professional dues and subscriptions of Poe necessary for his continued and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the Dade City. Section 16. Professional development A. Within reason, Dade City hereby agrees to budget for and to pay the travel and subsistence expenses of Poe for professional and official travel, meetings, and occasions adequate to continue the professional development of Poe and to adequately pursue necessary official and other functions for Dade City, other than mileage as referenced in Section 11. B. Within reason, Dade City also agrees to budget and to pay for the travel and subsistence expenses of Poe for short courses, institutes, and seminars that are necessary for his professional development and for the good of the Dade City. Section 17. Indemnification In accordance with Florida Statutes, Dade City shall defend, save harmless, and indemnify Poe against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Poe's duties as administrator, unless he has acted in bad faith, with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Dade City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Dade City shall not be liable in tort for the actions or omissions of Poe committed while acting outside the course and scope of his agreed duties or committed in bad faith, with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Section 18. Bonding Dade City shall bear the full cost of any fidelity or other bonds required of Poe under any law or ordinance. Section 19. Other Terms and Conditions of Employment Final August 23, 2018 Agreement Page 5 Page 30 of 108

31 A. Dade City, in consultation and concurrence with the Poe, shall fix any such other terms and conditions of employment as it may determine, from time to time, relating to the performance of Poe, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, Dade City Charter and/or Code of Ordinances, or applicable law. B. All provisions of Dade City's Personnel Rules and Regulations, and regulations and rules of Dade City relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Poe as they would to other employees of Dade City, in addition to said benefits enumerated specifically for the benefit of Poe. Section 20. Notices Notices pursuant to this Agreement shall be by certified mail (return receipt requested and required) and/or hand delivered as follows: Dade City: Poe: City of Dade City, Attn: Mayor P.O. Box 1355 Dade City, Florida William C. Poe, Jr Oak Brook Drive Zephyrhills, FL Section 21. Automatic Extension of Agreement A. In the event written notice is not given by either party to this Agreement within ninety (90) days prior to termination date, this Agreement shall be extended on the same terms and conditions as herein provided for an additional period of one (1) year. Said agreement shall continue thereafter for one-year periods unless either party gives ninety (90) days written notice to the other party that the party does not wish to extend this Agreement for an additional term. Section 22. General provisions A. This Agreement is the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs, representatives and assigns of Poe. C. If any provisions, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. D. This Agreement may be amended in whole or in part upon mutual approval, in writing, by the parties hereto. E. The effective date of the Agreement shall be the date of the last party's signature on the Agreement, however, the terms and conditions of the Agreement are Final August 23, 2018 Agreement Page 6 Page 31 of 108

32 detailed with the Agreement, and shall not be altered or amended by said effective date. IN WITNESS WHEREOF, Dade City, Florida, by and through its City Commission, has approved this Agreement in Regular Session on, and caused the same to be signed and executed in its behalf of' its Mayor, duly attested by its City Clerk, and Poe, this day of, As to Dade City: [Seal} Dade City, Florida Attest: Angelia Guy, City Clerk Camille S. Hernandez, Mayor Date As to Poe: Witness: William C. Poe, Jr. Date Approved as to Legal Form Nancy A. Stuparich, City Attorney Final August 23, 2018 Agreement Page 7 Page 32 of 108

33 TO: FROM: City ofdade City AGENDAMEMO Honorable Camille Hernandez, Mayor and Members of the City Commission Michael Sherman, AICP, Director, Community Development/CRA Director SUBJ: Public hearing to consider annexation of Tank HillProperty DATE: 28 August 2018 SUMMARY OF PROJECT Owner: City of Dade City Applicant's Request: Staff Recommendation: Project Planner: Michael Sherman, Annex parcels Approve annexation AICP and 2. Direct staff to schedule 2" and Property Location: Near the 0000 into the municipal final public hearing intersection of Skyline Drive and limits ofdade City. to adopt ordinance Jefferson Avenue Parcel ID No's and Project size: 4.56 acres: MAP 1, LOCATIONMAP Page 33 of 108

34 I. BACKGROUND AND PROJECT DESCRIPTION Tonight for consideration by the City Commission is a public hearing and request from the City of Dade City for the annexation of two (2) parcels of land totaling 4.56 acres into the municipal limits of Dade City. This annexation is first of three land use actions that will be undertaken by the property owner. The second land use action will amend the comprehensive plan, Future Land Use Map and the third land use action will amend the Official Zoning Map. This particular land use action tonight is for annexation only. The current FLUM category for both parcels is the Pasco County Res 6(Residential 6). The parcel currently also is designated Pasco County A (Agricultural Residential) zoning district. This report addresses annexation only. The R Comprehensive Plan FLUM amendment and Official Zoning Map amendment will occur in November. The smaller parcel ( O0OO ) is currently being used for as a potable water tank and booster station. After annexation this use will continue. The second and larger parcel is currently vacant. After annexation, the larger parcel ( ) will be used for development of an Elevated Storage Tank. These potable water facilities together will improve pressure in the Tank Hill area and generally throughout the City. Both uses are permitted in the County AR zoning district. Page 34 of 108

35 yin S)-A L. m...,_u_ MEL_.,».uu_, Page 35 of 108

36 The Does Meets Lj T - jh Z?'-' Injjxjljrzzll-1 Pursuant to F.S., a municipal government may propose to annex an area only if it meets the general -jij-i standards of subsection (1) and I-I-I-' -I -'-I--Z -j ' the requirements of either subsection (2) or subsection (3). not part of another incorporated municipality, will be used for urban purposes and the jjj-i- -I-d-I proposed annexation does not create an enclave. The '-I1-'I'-I-I" -j- subject property is also located in the?aquanqj Dade City/ Pasco County JPA (Joint Planning Area) I-I1I-II Subsection 1 'I---IJE uxu'iii'zf'i'ifi'ii 'I total area of the area to be annexed must be contiguous to the u-i...-i-i- ' 'J ':1TjI-III-' u'jj- Z municipality's boundary at the time the annexation proceeding is begun and reasonably II-F-II:-'IJ? fiz I'fP ZfZIf'IjZflj :' II-I compact and no part of the area shall be included within the boundary of another incorporated 'I'EZI municipality. -=- *.-.-_-.-_*-*:-'_-..':_"-...' -.-:.:: City of Dade City petition the requirement of Subsection 1. The total area of the property to be annexed is contiguous to Dade City's municipal boundary at the time the annexation proceedings began and the parcel is reasonably compact. Subsection 2 - Part or all of the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards:,. (a) It I has. _ _. _ _a.l. a total resident population equal to at least I-II two persons r.ra.i-rl-1 for each acre of land.. -. included within its. _l.i. boundaries; -(b) I It has I. a.-..i_.. total resident population LL11 equal -an to at I- -rl least one person l-i- for - ri--'-i- each acre of land I... J.I included within its I-.2-u..j:-I -I-I-I-I I-r - Iii boundaries and is subdivided into lots and tracts so that at least 60 percent ai.. J.jrr. -I- r --I-Ir---I-r of the total number of lots and tracts are 1 acre or less in size; or -(c) It I'll is so developed rjri--u-i-i-i-i-r --I-:-' -"-'-'-'- that at least 60 percent of the total number of lots and tracts in the..._.,._-... _.j _...I....-.u area at the time of annexation are used for urban purposes, and it is subdivided into lots and.._._,.._.-" -J._ tracts so that at least 60 percent of the total acreage, _,._ -.I._ _ _.IIrI not counting the acreage used at the _.,._.j. _j_..a--.ui.l. a-i.- time of annexation for nonresidential urban purposes, consists of lots and tracts 5 acres or less in size. ' City of Dade City petition not meet the requirement of Subsection 2. The site is not developed for urban purposes, however at least 60 percent of the lots tracts in the area are used for urban purposes. -I-I'r-"I-I-IF- Subsection :.1..I.j- j 2jIjrI-I-I 3 In addition to the area developed for urban purposes, a municipal governing - body d-$zl r-ii-i-i-i-irll-i-"'-i-"""?h'j' may include in the area to be annexed any area which does not meet the requirements of subsection..i. n.i J:1 (2) if such area either: p. (a) ; jjzjhi-jl-'l' Lies between the municipal boundary and an area developed for urban purposes, 50 that :jjlz h-i-ie-'h'i-i-i-ij.--zr jj-:-&- '--r-i--'-'-' cannot be served by the municipality without extending services or water or sewer '3 lines the area developed for urban purposes is either not adjacent to the municipal boundary or Ithrough such sparsely developed area; or H(b) lj.i-lb-i--i-'-"' -'- '-1 "Hj' Is adjacent, on at least 60 percent of its external boundary, to any combination of the _j...h.". l....l.,r.i Jr.1.j-jjl municipal boundary and the boundary of an area or areas developed for urban purposes as -II-H -- '- '-I-'-I defined in subsection (2). Page 36 of 108

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39 "" ".""l"" ';"EZ!':";".'._"";".'!L".-._. the Dade City Commission hereby determines that it is to the advantage of Dade City and in the best interests of the citizens of Dade City to annex the Property; and 'I'I'fI mi and the fi' -I provisions of Section , jlm?j? Florida Statutes, provide as follows: contraction shall revise the charter boundary article and shall be?led as a revision of ILI??l-II.L &.J-&- II -I-f.f J the charter with the Department of State within 30 days. A copy of such --r1nfh-it-ilr-an-an-j-in-5 revision must be submitted to the Of?ce of Economic and Demographic Research J?-&-J& -'J@1I-EF lhuqi-j along with a statement specifying the population census effect and the affected land run area. H-HI Inn-In-Lqpa-I-JuuJ+l1.?_* IHHII-HFI-HIn-J-I-ll-rh?-H-I--= 1- NOW, THEREFORE, n--1-_- BE IT IIIJT.? ENACTED BY THE?If?jEHfff?. CITY COMMISSION OF DADE CITY, FLORIDA, AS FOLLOWS: Inn-Inna-nanuumr Section 1. Legislative and Administrative Findings/Annexation of Properties. (a) -.Il-;J -lulnhhm_e LaL4,u-.r The recitals set forth above in the Whereas clauses are hereby adopted as legislative?ndings of the Dade City Commission. hit-- IIH--H-I 5'1-mm-r1uI-1IIJh-I-lain (b) The Property that is the subject of this Ordinance consists of the following parcel.uu of land Upon J.I.1-_.L 1JLn.L.qFq. Ja._.h"1i' this Ordinance becoming effective, the property owners of the said Property shall be entitled nir1iiii-i--1-i-i--j;jiniih_-.fjj to all the rights and privileges and immunities as are from time-to-time granted to property.. :L_n.n -L.F -a-, owners of Dade City, Florida as further provided in Chapter 171, _." Florida Statutes, and shall -IIII-I-I11:-1-scum-u-.ql_ further be subject to the responsibilities of ownership as may from time-to-time be determined H- 4H*I IHhw-?r'15Hn1 IH-rl-r by the governing authority of Dade City, Florida and the provisions of said Chapter 171, Florida Statutes. WHEREAS, I JJuI-Iul??u-"IS-In the provisions of Section l(3),?u'ufI-'JuI-II ':I-J - Florida Statutes, provide that a -H --H--HFHI1-rrumn-LI-r-I--I-Inn municipality may, by ordinance and without referendum, rede?ne its boundaries to include only uunl-nu those lands previously uhj_mlrn_ja n nliu;lf - annexed and shall?le said rede?nition with the Florida Department of State; and Recordz'ng. Any.r$ J???IIu?-IJI:I-I I:FjI - change in the municipal boundaries through annexation or ---**-"HirIhIIrnIIlIIrl-l-11- WHEREAS, the metes and bounds legal description and the map of the Property as shown in Exhibit A correctly shows, describes,and depicts the Property, which is intended to be -l-q----j r- and is hereby annexed into Dade City, Florida. assigned _5a u-iuuah-_juj_..l:a_r. the Tax Identi?cation Parcel Numbers set forth above and being speci?cally 1' -described in I-- Exhibit A, - -I1-1I-.-Ianh- said Property being situated in Pasco County, Florida, L1._ u.nrju and said Property is hereby LA- J --hj1.f-jh_.q annexed into and is hereby made a part of Dade City, Florida.--Ii.-H pursuant to the voluntary armexation l-e I-JJ provisions of Section , -aj almuluja aj1l. Florida Statutes, and other controlling law. h-ihliili-i-.i1lii- DRAFT 1.r Annexation _F. _f Ordinance Tank unimuel Hill -Dade City August 28, 2018 HIIIII Page 39 of 108

40 (a) I'I I- Within seven (7) SJ-IIu uf JI 'I?jI-I days of the adoption of this Ordinance, the City Clerk ' IJ-IIuu '--' shall?le a copy of said '?I Ib'-I-I- Ordinance with the Pasco County -I-I-'--I- Clerk of the Court, J-I-.- --IJa.$.1-I: with the Chief Administrative Of?cer of ar_. _ -. Pasco County, with.--.r_.-.._.-i.l._ :..:_ the Florida Department of State,,_..... and with such other agencies and entities as IZII"- I'I'I may be required by law or otherwise " desirable. (b) I The I City -I' Manager, or -_- designees within City management staff, IS shall huh ensure that the Property annexed jn- by this _.-J2- Ordinance is incorporated _._... _h into the Dade City Comprehensive Plan, the Of?cial Zoning. J.I_ I.I I._a_...-j_._..-.r -I.-_. Map of Dade City in an expeditious manner and the map of the Dade City Limits. - -I. (c) The City II.-. _.. Manager, _J.._ or designees, - _l._l_ _ _ J: - is hereby authorized and directed to legally....j_. describe and.. - -h-i I-I- map the existing city limits 'l'-i of Dade --.- City and to I-J-. take any and I151.-J_ _u all appropriate actions or propose I _ _.I. actions to the City -I.-j..-_ :- Commission as may be authorized in accordance j_ _ with controlling law &.I_'j?jl-?jjj-ijj All ordinances or part of ordinances in con?ict with this Ordinance are hereby repealed. jlj. If -xjj. any section, sentence, phrase, Z word, r or Iz. u.:.i.uj.-.i. -. portion of this Ordinance is determined to be I. invalid, _.I _ _u- unlawful or jl: unconstitutional, said determination Iju-_ shall not be - held _ to -.._..- invalidate or I impair._..l. the -11 validity, HI;-jun.-I..J.I..j_p_ force or effect of any other section, sentence, phrase, word, _.-_l_. _I.l: or portion of this Ordinance _. j j_-.:... _._-.-_... not otherwise determined to be invalid, unlawful, or unconstitutional. jaalj E-I-I-HIII 'I"'Fr"-I'1- H-I-"1-?l i'i'?rjh?h' The provisions of this Ordinance shall not be codi?ed, but the annexed Property shall be incorporated Ijn and _ _.. -included in all J.'.' ' I. '--II- ' appropriate maps of the city limits _ of Dade City by the City Manager, -j or -jl designee(s), and --J-1; the City Manager, J-.I.I.-_..I.:.a_..-.._. or designee(s), is/are hereby directed to take any and _...._. j_. all appropriate actions relative to the land *?hj"if_1 use planning documents of the City pertaining to the Property annexed pursuant to this Ordinance. DRAFT Annexation Ordinance. Tank Hill -Dade City August - -'.I-- 28, 2018 Page 40 of 108

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42 Exhibit A LEGAL DESCRIPTION AND MAPS i -. Page 42 of 108

43 j Code Residential '-'-'1-"'-'-'-H-' 'l-i-- '-I-I-I--I-I-I-r I-III Pasco County Property Appraiser Page 1 of Data Current as Of: 1 Weekly Archive.. j Saturday, _._ I - August 18, 2018 Parcel ID (Card: I ; 001 of.- _ 001) Classification 00 - Vacant Residential Mailing Address Property Value CITY OF DADE CITY Ag Land $ MERIDIAN AVE Land $64,664 *'E*_E"" DADE CITY FL Building Physical Address Extra Features Physical Address N/A nun.-.*:: Legal Description (First 4 Lines) Just Value $64,664 NE 1/4 OF NW1/4 OF SE1/4 OF Assessed (Non-School Amendment 1) $64,664 SEC LESS SOUTH l-tl LESS COM AT NE COR OF LOT 11 SKY LINE SUB PER PB 7 PG 108 FOR Ta"ab' Va'"e $64564 Jurisdiction Pasco County, Board of County Commissioners E'.''.:'..:;''.'' E Land Detail (Card: Descriptionzoning Units Price Condition Value 0110 SFR RURAL 00AR 0.50 $24, $12, SFR RURAL 00AR 1.50 $24, $25, SFR RURAL OOAR 2.00 _ $24, $24, SFR RURAL OOAR 0.44 _ $24, $3,183 Additional Land Information 4.44 TaxArea 10FD FEMA Code 1WDC.U1 3 T Building Information Use 00 - Unimproved (Card: 001 of 001) Unimproved Parcel O0 - Unimproved Extra Features (Card: 001 of 001) Description Year Units No Extra Features Sales History - See All 6 sales Previous Owner: JOHNSTON JAMES E JR & Month/Year Book] Page Type DOR Code Condition Amount 05/ Warranty Deed 1_8 Vacant $110,000 02/ / 1732 Warranty Deed Vacant $45,000 12/ Trustee's Deed Vacant $0 Page 43 of /22/2018

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45 STATE OF FLORIDA COUNTY OF Pasco County Tampa Bay Times Published Daily 155 Before the undersigned authority personally appeared Jean Mitotes who on oath says that hefshe is Legal Clerk of the Tampa Bay Times a daily newspaper printed in St. Petersburg, in PinellasCounty, Florida; that the attached copy of advertisement.being a Legal Notice in the matter RE: Neighborhood Worksho was published in Tampa Bay Times: 6/I5/18. in said newspaper in the issuesof Pasco Affiant furthersays the said Tampa Bay Times is a newspaper publishedin Pasco County, Florida and that the said newspaper has heretoforebeencontinuously publishedin said Pasco County, Florida, each day andhas been enteredas a second class mail matter at the post office in said Pasco County, Florida for a period ol one year next preceding the?rst publicationof the attached copy of advertisement,and allinnt further says that heisheneither paid not promised any person, firm or corporationany discount. rebate, commission or refund for the purpose of securing this advertisementfor publicationin the said LEGALNOTICE NEIGHBORHOOD WORKSHOPNOTICE Date/Time: Thursday, June 28, 2018 at 5:30 p.m. Place: City Hall, City of Dade City, Meridian Ave., Dade City, FL Contact: Michael Sherman, AICP, City of Dade City, at , ext. 402 A neighborhood meeting will be held to discuss a proposed annexation for the properties located on tax parcel numbers and on Skyline Drive, Dade City, FL This is not a public hearing. The purpose of this meeting is to inform neighboring property owners of the proposed applications and to seek their comments. yllhsl? Sworn to andsubscribedbefore me this 06: l5» 20l8. Signilturi: of Voiaryihublic Personally or producedidenti?cation ARD Type of identi?cationproduced 0! JESSB AT:-FF1g55M ti. ' ḟa - W S: amnnawim Sfm?, Page 45 of 108

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47 LEGAL NOTICE IS HEREBY GIVENthat the Dade City Commission willhold a public hearing on Tuesday, August 28 and September 11, 2018 in the City Commission Chambers at City Hall, Meridian Avenue, Dade City, Florida, beginning at 5:30 p.m., or as soon thereafter to consider the adoption of an ordinance as follows: AN ORDINANCE OF THE CITY OF DADE CITY, FLORIDA, ANNEXING BY VOLUNTARY PE'I1TION CERTAIN REAL PROPERTY OWNED BY THE CITYOF DADE CITY,FLORIDA BEARING PROPERTY IDEN11FICA11ONNUMBERS O AND , APPROXIMATELY4.56 ACRES IN SIZE, AND GENERALLY LOCATED NEAR THE INTERSECTTON OF JEFFERSON AVENUE AND SKYLINE DRIVE, DADE CITY, FLORIDA, CONTIGUOUS TO THE CITYOF DADECITYINACCORDANCE WITH THE VOLUNTARY ANNEXA11ONPROVISIONS OF SECTION , FLORIDA STATUTES.AND OTHER CONTROLLING LAW; REDEFININGTHE BOUNDARIES OF THE CITY OF DADE CITY TO INCLUDE SAID PROPERTY; PROVIDINGFOR FINDINGS;PROVIDING FOR CONDITIONS; DIRECTINGTHE CITYCLERK TO RECORDTHEORDINANCE WITHTHE CLERKOF THE CIRCUITCOURT, WITHTHECHIEF ADMlNISTRA11VEOFFICER OF PASCO COUNTYAND WITH THE DEPARTMENT OF STATE; PROVIDING FOR LEGAL DESCRIPTIONAND A MAP;REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDINGFOR SEVERABILITY; PROVIDING FOR NON COD FICATION AND THE TAKING OF ADMINISTRATIVEACTIONS AND PROVIDING FOR AN EFFEC'I1VEDATE. The land referred to herein below is situated in the County of Pasco, State of FL, and described as follows: Exhibit "A" LEGALDESCRIPTIONANDMAPS PARCEL1: Northeast 1/4 of Northwest 1/4 of Southeast 1/4 of Section 28, Township 24 South, Range 21 East, Pasco County, Florida, LESS the South feet thereof; LESS Commence at the Northeast corner of Lot 11, SKYLINESUBDIVISION,as per plat thereof recorded in Flat Book 7, Page 108, Public Records of Pasco County, Florida, for a Point of Beginning; thence run West feet, thence North 0 degrees 08 minutes 15 seconds East, feet; thence East feet; thence South 0 degrees 07 minutes 42 seconds West, feet to the Point of Beginning: LESS Commence at the Northeast corner ofthe Northwest 1/4 of the Southeast 1/4 of said Section 28, thence South 25 feet for the Point of Beginning; thence West 50 feet; South feet:thence East 50 feet; North feet to the Point of Beginning (a/k/a Lot 12, BlockE, Skyland Subdivision, as recorded in Plat Book 4, Page 24, now vacated) ID: ACREAGE:4.42 PARCEL2: Lot 12 of Block E of SKYLANDSUBDIVISION,as said lot is numbered, described and shown on the plat of the subdivision recorded in Plat Book 4, Page 24, Public Records of Pasco County, Florida, vacated in Pasco County Commission Book 5 on Page 238 being more particularly described as beginning at the NE corner of the NW 1/4 of the SE 1/4 thence S 25 feet to the point of beginning; thence West 50 feet then South feet thence E 50 feet thence North feet to the point of beginning. ID: ACREAGE:0.14 Owner: Parcel l.d:. " Acreage: City of Dade City No s AND acres MOL A copy of the fulltext of the ordinance and a metes and bounds legal description is available from the City Clerk at City Hall, Meridian Avenue, Dade City, Florida and may be inspected by the public from B a.m. to 5 p.m. Allinterested parties may appear at the public hearing and may be heard with respect to the proposed ordinance, or may submit written comments to the City Commission at RC. Box 1355, Dade City, Florida by mail, or In person at the above referenced address. A copy of any requests received can be inspected at City Hall. If you are a person with a disability who requires a reasonable accommodation in order to participate in this meeting, please contact the City Clerk at (352) at least 48 hours prior to the public hearing. PLEASE NOTE: The public hearings are public meetings. Should any interested party seek to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, they willneed a record of the proceedings, and for such purpose, they will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based pursuant to Section , Florida Statutes. The time and/or location of public hearings are subject to change. Changes are announced at the initial scheduled hearing. Notice of any changes willnot be published or mailed. 8/17, 5/31/18 Page 47 of 108

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49 City ofdade City AGENDAMEMO TO: Honorable Camille Hernandez, Chair and Members ol the CIA FROM: Michael Sherman, AICP, Director, Communlty Development SUB]: JDR Deannxation Request- Postpone meeting DATE: 28 August 2018 I. Background In June ol 2018, the CCOM directed staff to postpone the meeting on the request from JDR to deannex from the municipal limits of Dade city. Tonight staff is asking for addltlonal postponement ofthe meeting and request untll October 23, Slnce the meeting in June, the City has entered Into litigation with JDR Properties. II. Direction Requested Postpone meeting for ma Properties deannexatlon untlloctober 13, 2015 Page 49 of 108

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57 - ' I-'1-I-1-j-I--.T.-J _..._..... (a) Lies between the municipal boundary and an area developed for urban purposes so that the area developed j. for urban 1-3'-I--Pk-II-I-I-jja purposes is either not adjacent to the municipal boundary or -- cannot be served 'l* 'I'I'I-?' by the municipality without extending service or water or sewer _"-_ :? ji.-i-.'.1.h lines through such sparsely developed area; or FINDINGS: This -I statutory requirement ' JI??I is not -I1 met. is adjacent, on at least 60 percent of its external boundary to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined?l in subsection (2) j. _.. : - I-Fl-"'I This statutory requirement is met. II'.H.I.j:-.j....g..'_... _ The second part of s , F.S. requires that any ordinance passed excluding property from the j1 1p.-.., municipal limits shall make provisions for apportionment of any prior existing?1_t debt and property. This "I-'-I-I-IE-1-Ijj- requires that the City reach an agreement with the governing -T-l:Z.'I...h.h; body of the to County (County Commission) Ijl I;. _"""-II-I-1'-jjlzj.-,-,_.....,... -.* determine what portion, if any, of the existing indebtedness assumed by the or property of the municipality shall be county, fair market value of such indebtedness and financing. or property, and the manner of transfer VI. CONCLUSION Subsection F.S. requires that only those areas which do not meet the criteria for annexation in s may be proposed for exclusion by municipal governing bodies. If the area proposed to be excluded does not meet the criteria of s but such exclusion would result in a portion of the municipality becoming noncontiguous with the rest of the municipality, then such exclusion shall not be allowed. Based on ' 1-'Z """ -I-'-I--.l'}&j.1 this study, all parcels annexed by Ordinances 0941 ( Annexation) I -'I'_-IFI and ( Annexation), IK- ( j q g.q_.. therefore, Annexation) met the requirements may of Z , not be deannexed (excluded) from the and municipality. If the City -II- l r _.l..-_.j..._u..j does permit the exclusion of any parcels annexed by said ordinances, the deannexing ordinance shall J. _.j_.._.:-"_? make provisions for apportionment of any prior existing debt and property. EXHIBITS EXHIBIT1, JDR ANNEXEDPROPERTIES EXHIBIT2, JDR PARCELSANNEXEDBYORDINANCE EXHIBIT3, SURROUNDINGURBANLANDUSES m. i EXHIBIT4, Letter from Ms. Gina K. Grimes, Esq., dated November 3, 2017, HillWard Henderson Attorneys -I-I-I-Il -j..i... at Law to William C. Poe, In, -.. _...._j-_* City Manager and Nancy Ann M. Stuparich, City Attorney?u :- H II-IJ u II-I-Luff - - I EXHIBIT5, Letter from Ms. Gina K. Grimes, Esq., dated May 17, 2018, HillWard Henderson Attorneys In-I--I- --.ri.i at Law to William C. Poe, In,.l_. I_.j.-"H-1-_ City Manager and Nancy Ann M. Stuparich, City Attorney EXHIBIT6, ORDINANCENO I-"'-.4-I-I-I-.I ::. I-'--A-I-I-1-1: EXHIBIT7, ORDINANCENO Page 57 of 108

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59 -' ' V ~uu.~"..~ EXHIBIT1 JDR ANNEXEDPROPERTIES :11! '1.1:hI.),. v n~.-4.1:: -'. 1x,u l:l LI v -mm.'j'..h ~.H.1 x I n.iu.«. m,r:\ - *1 u: my unnxm.\.1 nu I nu.in-1!vx:1,\.am9 vwlll l1h,hlj «-1anrun 1;: -:..wrum mm mmx. *-c \~.u~u an-vrwu-mv=3-u Ix: mm ; x -.»mlm.l v_: 4.rn..;v:... Jr:.\ -9,~.!11n.HV- nunri n;n.- n v no Ax. * Page 59 of 108

60 EXHIBIT2 JDR PARCELSANNEXED BYORDINANCE :Il.' H~1 J7l\ J \NY I I [\l '-\ \ : fl,:i:.1/:);:.e V «'}U/ l)fj f3') :} j]1 v'jh J?N/"\N(I5 N3-,[\!:':,].?.1J~, f$.*fj:,'-z3331%1!) )"H? 1 l~tl'l\1,"-\i\1l3l fh.lj1 L"\f'\}fli ":li}:'; 7l)5JJw :,v»:$;: {NH v.i1ul\!if MUNNIHW 1.-"=.l I rm]: M ; :3 JDR ANNEXATION BY ORDINANCE vv?t I -~,? um : V mg x..'w ", Mx..>.1VL: 11 Page 60 of 108

61 m2 * an.u..x. «'...;nn. v.~. L4.,.a...m..- 'p_.n-. A_.~ 4.«. vcm.-v..»..,. a,..v...x.1- : K7'lK\ V'! P.) I"'IlI!..,u u... 5-! en-,s an :..u-n.1.» nu-um-' v-..»...x , ;..«....._,...,. :.m,-«.!rl'.n o»... n.. mm.»- :.I...e..»;., m, ;u -..u,...-\- ~,.-H-nu. "" ' - mm.m,n....m. H..l -. >-..az.:z.».,..._. ~;«L- c w v,.. u u-- m; A ~' Page 61 of 108

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97 as an express condition subsequent to JDR s consent to such annexation, to implement the followingprocedures in accordancewith applicablelaw: 1) The City shall initiate, without application/review fees to JDR, and shall diligently process in good faith pursuant to existing City ordinances and other requirements of law, an application for a comprehensive plan future land use map amendment to establish a City land use designation of Industrial ( City Comprehensive Plan Amendment ) for the Dade City Business Center Project, in compliancewith the City's Comprehensive Plan. 2) The City shall initiate, without application/review fees to JDR, and shall diligently process in good faith pursuant to existing City ordinances and other requirements of law, an application for a City zoning classi?cation of PD- Mixed Use ( City Rezoning ) for the Dade City Business Center Project, which application shall include a request for entitlement to not less than 570,000 square feet of light industrial, warehouse, of?ce, commercial/retail, and accessory residential uses. The City and JDR shall cooperate with respect to mutually agreed upon PD zoning conditions. 3) In the event either process set forth in paragraph 4.A. 1. and 2. above is not successfully completed to?nal approval of all governmental agencies having?nally resolved in favor of said approvals by the highest court having jurisdiction thereof, all at the City's sole cost and expense, then in such event, the annexation of the JDR Parcel into the -"-I I'---I-I City may be voided by JDR, as III- provided herein. To.I. I.u. I.. the full extent permitted by ; law, a- the City further I.-.r,_ _.I_ _. q. ; _d... agrees to defend and indemnifyjdr, and to hold it - harmless ' I-r--jj I-1l$.I..I.n.I. - from all costs or expenses incurred by either of them incident to any objection or challenge to the I. City =. l_ Comprehensive I: _ _ Plan I Amendment, :.-I... City Rezoning I- Ior annexation approvals, -in-i-1- provided said objection -j or I challenge j is I not um. one?led by I. JDR. F''''-- jurisdiction or, if "-I-I-J-'-I-I--I-'.I-- -Ill-II-. legally challenged, is not - -'1--it:-. Ixaanrn.-._ 3- I.. _I I _. j.-...._a I.'._ --.II. '5' I '-;=--'- hfli I: 4) Pursuant to Section , Florida Statutes, pending adoption of the City Comprehensive Plan Amendment and City Rezoning provided for herein, JDR l'- shall have I-I-;.J.:. the absolute right to continue with.l.j_.. - _ development in accordance with the H County ' ' comprehensive I-' '-I. I-I.--U plan, zoning, and this Annexation jaj. Agreement. All existing permits for the Project, including without limitation all existing plan approvals by the County or other agencies having jurisdiction, shall remain effective without further review or approval by the City. With respect to all permits and approvals (and any applications therefor) submitted to the City alter the Effective Date of this Annexation Agreement and the adoption of the Annexation Ordinance contemplated herein, but prior to adoption of a City Comprehensive Plan Amendment and City Rezoning for the Dade City Business Center Project, the City staff shall immediately review and process all such pending applications for approval within forty-?ve (45) days after the - ZEffective Date of l a.i.i.i.lj,. _ this Annexation Agreement and adoption of.-.. the Annexation Ordinance,.I:-.-. or within forty-?ve HHLHHH (45) days after submittal of such application to the City. Pursuant to Ch. 171, - Florida -1-jaaj Statutes, such review and approval by the City -Fr I-I-1-I-J 6 Page 97 of 108 am 6422 re of 17

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