Community Development District Overview
Forest Creek Community Development District (the “District”) is an independent local unit of special-purpose government. The District was established on March 8th, 2005 in Manatee County as the Forest Creek Community Development District. The Uniform Community Development District Act of 1980 (otherwise known as Chapter 190, Florida Statutes) provides, among other things, the power to manage basic services for community development, power to borrow money and issue bonds, and to levy and assess non‐ad valorem assessments for the financing and delivery of capital infrastructure. The District shall be governed by the uniform community development district charter as set forth in Sections 190.006—190.041, Florida Statutes, to perform the functions contained in the petition attached to Manatee County Ordinance No. 05-24 as Exhibit "A and exercise of special powers in Manatee County Code of Ordinances Community Development Districts and other Special Districts, Chapter 2-8-33 - Forest Creek Community Development District.
The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of certain infrastructure necessary for community development within the District. A District provides the “solution” to Florida’s need to provide valuable community infrastructure generated by growth, ultimately without overburdening other governments and their taxpaying residents. Community Development Districts represent a major advancement in Florida’s effort to manage its growth effectively and efficiently. This allows a community to establish higher construction standards, meanwhile providing a long-term solution to the operation and maintenance of the community’s facilities.
The District currently encompasses approximately one hundred thirty-five (135.070) acres of land located entirely within Manatee County, Florida. The boundaries of the district are those described in the metes and bounds description attached to Manatee County Ordinance No. 06-65 as Exhibit "AB".
Community Development District Organization
The Forest Creek Community Development District (the “District”) is organized similar to other local governments in Florida, in that the legislative body is composed of a five-member board known as the Board of Supervisors. The Board establishes the policy of the District in accordance with Florida law. The Board, by law, must hire a District Manager. In addition, the Board may choose to employ other staff such as District Counsel and District Engineer. Staff members operate utilizing the same formalities as a County Administrator and County Attorney. The Board, through review of advertised Requests for Qualifications, ranks and selects a District Engineer to perform the engineering needs of the District. The District staff administers the operations of the District and implements the Board’s policies and contracts.
Board of Supervisors
The Board of Supervisors has the final responsibility for:
- Governing of the District, its staff, residents and facilities and properties.
- Assessing and levying non‐ad valorem assessments.
- The annual budget and financing of the district, including, operations and maintenance fees and general oversight of the District.
- Controlling the use of funds generated by the District.
- Approving the hiring and firing of key personnel.
- Financing improvements.
- Complete all forms required by the State of Florida as a Public Officer.
- Comply to and understand the Sunshine Amendment and Code of Ethics for Public Officers.
- Holding and attending District Board meetings.
- Maintaining the current standing of the District up to code and compliance with the State of Florida and other local governmental entities.
- Planning for the future growth and maintenance of the District.
The District Manager’s responsibilities include:
- Charge and supervision of the works of the District.
- Preserving and maintaining any District facility and property or improvements.
- Maintaining and operating the equipment owned by the District.
- Preparation and submittal of a proposed operations and maintenance budgets for Board of Supervisors review and action.
- Preparation of contract specifications for District operations, including community appearance, waterway management, street lighting and facilities maintenance.
- File all required forms and documents with state and local agencies.
- Attend all Board of Supervisor meetings.
- Implement the policies of the Board of Supervisors.
- Additional duties as directed by the Board of Supervisors.
The Forest Creek Community Development District (CDD) is responsible for the management, operations, and maintenance of certain community infrastructure and amenities as prescribed in Chapter 190, Florida Statutes. These responsibilities include:
- Clubhouse including pool, spa, fitness center, grill and grill porch, and cabanas to include security, landscaping and lighting
- Clubhouse reservations
- Camera security system at recreation center and non-resident entry/exit gates
- Vehicle entry/exit gate system to include issuance of residential vehicle windshield RFID tags for automated entry
- Pedestrian gates
- Issuance of Key fobs for access to the clubhouse, pool/spa, restrooms, and fitness center
- Gates, Monuments, Lighting and Fences at entrances
- Community-wide visitor list for vehicle gate entry (USPS, FedEx, Amazon, Comcast, County, FPL, etc.)
- Common area landscape
- Storm water system including lake, ponds, structures (manholes, weirs, pipes), and ditches
- Lakes, ponds, wetlands, conservation areas, tree preserves, nature trails, walk way bridges, and easements
- Main Lake (pond #3) aeration (bubblers)
- Irrigation system pumps, irrigation system components on CDD property and residential irrigation water shut off valves at each lot
- Dog Parks
- Pet/Dog clean up stations
- Sidewalks and cleaning of sidewalks in or abuting common areas.
- All Roads except Townhouse and Cottages alleyways Note: Includes cleaning of gutters abuting common areas.
- Streetlights and traffic control/advisory signs
The Forest Creek CDD clubhouse is the central hub of resident activity in the community. Included in this complex are an Olympic size lap pool, the hot tub/spa, and a well equipped exercise room. There is also a meeting center, with separate resident lounge area with bar, small mini-kitchen area, TV and pool table. WiFi is available in the complex also. Rules and hours of operation are posted throughout the complex. Key FOBs are used for Clubhouse, pool/spa, restrooms, and fitness center access. Security surveillance cameras and motion detectors are located in strategic locations throughout the Clubhouse and pool/spa area. The cameras are meant to capture incidents, accidents and vandalism. Images gathered can be used to recover cost of repairs or referral to law enforcement agencies.
The District onsite Operations Manager operates out of the clubhouse, while performing many administrative and maintenance functions throughout the district. Residents can obtain key FOBs, vehicle entry gate RFID windshield tags and dog park keys from the District Operations Manager. Through the Operations Manager, residents may also rent the clubhouse for private parties. Unfortunately, the pool nor spa are not available for rental when securing a clubhouse reservation.
Each community organization, group or individual using or reserving the use of District facilities agrees to indemnify and hold harmless the Forest Creek Community Development District (“District”) including the management company, and the respective officers, agents, contractors and employees of each, from any and all liability, claims, actions, suits or demands by any person, corporation or other entity, for injuries, death, property damage of any nature, arising out of or in connection with, the use of the district lands, premises and / or facilities, including litigation or any appellate proceeding with respect thereto. Nothing herein shall constitute or be construed as a waiver of the District’s sovereign immunity granted pursuant to Section 768.28, Florida Statues.
The District and its agents, employees and officers shall not be liable for, and the Homeowner, Renter or Non-Resident User shall release all claims for injury or damage to or loss of personal property or to the person, sustained by the user or any person claiming through the user, resulting from any fire, accident, occurrence, theft or condition in or upon the District’s lands, premises and/or facilities.
Also provided in the clubhouse portico of the pool area, is a grille and small refrigerator, to allow you to prepare a quick hot meal with family or friends, while visiting the pool. Please remember that everyone is responsible for cleaning any equipment they use, to allow the next resident to also have an enjoyable experience.
District Swimming Pool and SPA Overview
Remember that Manatee County Public Health Rules maintain that there can be no food or beverages within 4 feet of the pool edge or hot tub/spa area. And of course, glass containers of any kind, are never allowed in the pool area complex for obvious user safety reasons. Additional rules are posted at the pool and spa.
To protect the public health the Florida Department of Health has adopted sanitation and safety standards for public pools in Chapter 64E-9, Florida Administrative Code, and enforces those rules through the issuance of operating permits and inspections. Permitting and inspections are done by the Environmental Health Section of the Florida Department of Health in each county. District swimming pool and spa Annual Operating Permits are posted at the clubhouse and do not permit 'night swimming".
“Night swimming – Pools shall not be open for swimming at night unless lighting is provided as approved by the jurisdictional building department. Pools authorized for night swimming shall be noted on the operating permit issued by the department. Night swimming shall be considered one half hour before sunset to one half hour after sunrise.”
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