HomeMy WebLinkAbout2003-03-31 - City Commission Special Meeting AgendaFIRST CLASS MAIL
7525 Northwest 88 Avenue
Tamarac, FL 33321-2401
CITY OF TAMARAC
SPECIAL CITY COMMISSION MEETING
CITY HALL CHAMBERS
MONDAY, MARCH 31, 2003
There will be a Special Meeting of the City Commission at 9:30 a.m. on Monday, March
31, 2003 in Chambers at Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida.
The purpose of this meeting is to discuss the Woodlands Independent District.
CALL TO ORDER: 9:30 A.M.
PLEDGE OF ALLEGIANCE LED BY: Mayor Schreiber
ROLL CALL:
INTRODUCTION
1. PUBLIC PARTICIPATION - Any member of the public may speak to any issue
on this meeting notice. Speakers will be limited to three minutes during this item,
and any speakers are encouraged to sign up in advance with the City Clerk prior
to their participation.
2. MOTION TO APPROVE TEMPORARY RESOLUTION 10096 stating consistent
with Florida Statute 189.404(2)(e)4, that the creation of an Independent
Neighborhood District to be known as the Woodlands Independent District is
consistent with the approved local government plans of the City of Tamarac and
that the City of Tamarac has no objection to the creation of the Woodlands
Independent District; approving HB 1569, as amended, which creates the
Woodlands Independent District.
03/21 /03
The City Commission may consider and act upon such other business as may come
before it. In the event this agenda must be revised, such revised copies will be available
to the public at the City Commission meeting.
Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at such
meeting or hearing, he may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which the appeal is
based.
The City of Tamarac complies with the provisions of the Americans With Disabilities
Act. If you are a disabled person requiring any accommodations or assistance, please
notify the City of such need at least 72 hours (3 days) in advance.
Marion Swenson, CMC
City Clerk
03/21 /03
2
Temp. Reso. #10096
February 20, 2003
Revision #1 March 19, 2003
Revision #2 March 21, 2003
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, STATING,
CONSISTENT WITH FLORIDA STATUTE
189.404(2)(e)4, THAT THE CREATION OF AN
INDEPENDENT NEIGHBORHOOD DISTRICT TO BE
KNOWN AS THE WOODLANDS INDEPENDENT
DISTRICT IS CONSISTENT WITH THE APPROVED
LOCAL GOVERNMENT PLANS OF THE CITY OF
TAMARAC AND THAT THE CITY OF TAMARAC HAS
NO OBJECTION TO THE CREATION OF THE
WOODLANDS INDEPENDENT DISTRICT; APPROVING
HB 1569, AS AMENDED, WHICH CREATES THE
WOODLANDS INDEPENDENT DISTRICT; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Broward Legislative Delegation has brought forth a
proposed local bill, HB 1569, attached hereto as Exhibit A, to create an
Independent Special District within the City of Tamarac to be known as the
Woodlands Independent District; and
WHEREAS, the Woodlands Community desires to create The Woodlands
Independent District providing for powers to establish standards for maintenance,
security, aesthetics, and architectural standards within the district exceeding
those enforceable by the City of Tamarac; and
WHEREAS, pursuant to Florida Statute 189.404(2)(e)4, creation of an
independent special district requires a resolution of the governing body of the
local jurisdiction within which the proposed district is located stating that the
Temp. Reso. #10096
February 20, 2003
Revision #1 March 19, 2003
Revision #2 March 21, 2003
Page 2 of 3
creation of the proposed district is consistent with the approved local government
plans of the local governing body and that the local government has no objection
to the creation of the proposed district; and
WHEREAS, Bryant, Miller and Olive, P.A., the City's Special Counsel for
legislative matters, has recommended amendments to HB 1569, which are
attached hereto as Exhibit B; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
support the creation of an independent neighborhood district to be known as the
Woodlands Independent District, and approve HB 1569 as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific
part of this Resolution.
SECTION 2: That the City Commission of the City of Tamarac
states, consistent with Florida Statute189.404(2)(e)4, that the creation of an
independent neighborhood district to be known as the Woodlands Independent
District is consistent with the approved local government plans of the City of
Tamarac and that the City of Tamarac has no objection to the creation of the
Woodlands Independent District as set forth in HB 1569, attached hereto as
Exhibit A, as amended, said amendments attached hereto as Exhibit B.
Temp. Reso. #10096
February 20, 2003
Revision #1 March 19, 2003
Revision #2 March 21, 2003
Page 3 of 3
SECTION 3: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I have
Approved this RESOLUTION as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
day of ,2003.
JOE SCHREIBER, MAYOR
al
X 1 1
F L O R I D A H O U S E O F
HB 1669
1 A bill to be entitled
2 An act relating to Broward County; creating the Woodlands
3 Independent District within the City of Tamarac; providing
4 for boundaries; providing for the purpose and authority of
5 the district; providing for powers, functions, and duties
6 of the district relating to taxation, bonds, revenue
7 raising capabilities, budget, liens, special assessments,
a non -ad valorem assessments, and contractual agreements;
9 providing for election, organization, powers, duties, and
10 compensation of the governing board of the district;
11 providing for applicable financial notice and disclosure
12 governing the district; providing for the issuance of
13 bonds; providing for district elections; providing for
14 methods of financing the district; providing for powers
15 and duties as granted to neighborhood improvement
16 districts; providing for powers to establish maintenance,
17 security, aesthetic, and architectural standards within
1s the district; providing for powers over streets and ways
19 within the district; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. There is hereby created in Broward_County,
24 within the City of Tamarac, an inde endent s ecial district to
25 be known by the popular name "the Woodlands Independent
26 District," hereinafter xefer�red to as the District. The creation
27 of the Woodlands Independent District is the best alternative as
28 this District would Rrovide for enforceable standards which
29 would comport with those expired deed restrictions and covenants
30 u on which the community of the Woodlands was originally
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REP RES ENTATIVES
2003
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Exhibit
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blir 2003
HB 1569
31 constituted. The standards would exceed those of the
32 . Municipality in which it resides and. would allow the Woodlands
33 to ensure that the community, through its own elected officials
34 is in control of ita a earance and standards. Further the
35 District would have such Powers as are afforded to nei hborhood
36 im rovement districts thereby ensurinq that the Woodlands
37 CO !Rity would continue to retain aesthetic appearance and
38 property value .
39 Section 2. The purpose of the District shall be to
40 maintain the i2pearance, aesthetics, and architectural standards
41 of all private property within the District. The District shall
42 further ensure that the qeneral appearance of all homes and
43 structures is ke t at a standard provided )y restrictions and
44 covenants originally intended. The District shall have
45 additional powers as generally Sranted to neighborhood
46 im rovement districts.
47 Section 3. The boundaries of the woodlands Independent
48 District are as follows:
49 A parcel of land in Section 14 Township 49 South
5o Range 41 East being more particularly described as
51 follows:
S2 SUBDISTRICT 1
53 THE WOODLANDS SECTION ONE - PHASE ONE as recorded in
54 Plat Book 66 Pa a 22 of the Public Records of
55 Broward County, Florida to ether with-
56 THE WOODLANDS, SECTION�ONE- PHASE TWO, as recorded in
57 Plat Book 67 -Pa a 23 of the Public Records of
5e Broward Count Florida together with;
59 SUBDISTRICT 2
60 THE WOODLANDS SECTION TWO - PHASE ONE, as recorded in
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F L O R I D A
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xitt
H O U S E O F REP RES ENTATIVES
HB 1569
Plat Book 66 Page 23 of the Public Records of
Broward CountV, Florida together with•
SUBDISTRICT 3
THE WOODLANDS THIRD SECTION as recorded in Plat Book
66, Page 24, of the Public Records of Broward County,
Florida together with•
SUBDISTRICT 4
THE WOODLANDS SECTION FOUR, as recorded in Plat Book
66, Page 25, of the Public Records of Broward County,
Florida, together with;_
THE WOODLANDS COUNTRY CLUB as recorded in Plat Book
67, Page 30, of the Public Records of Broward County,
Florida to ether with;
SUBDISTRICT .5
THE WOODLANDS, SECTION FIVE, as recorded in Plat Book
67, Page 43, of the Public Records of Broward Count,
Florida.
SUBDISTRICT 6
THE WOODLANDS, SECTION SIX, as recorded in Plat Book
67, Page 40, of the Public Records of Broward Count
Florida, together with;
SUBDISTRICT 7
THE WOODLANDS, SECTION SEVEN as recorded in Plat Book
67 Page 47 of the Public Records of Broward Count
Florida, together with;
SUBDISTRICT 8
THE WOODLANDS, SECTION EIGHT, as recorded in Plat Book
67, Page 42, of the Public Records of Broward County,
Florida.
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2003
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
.2003
HB 1569 1
91
92 Section 4. Subsequent to March 19, 2004 the governing
93 board of the Woodlands Independent District shall be composed of
94 nine members who shall be qualified voters of the state and
95 residents within the boundary of the District.
96 (1) The initial )verninq bodr of the Woodlands
97 Inde endent District shall be comDosed of nine members
gg consistingof the resident of each of the Woodlands Homeowners
99 Associations sections 1-8 as described in section 3 of this
100 act aloncr with the resident of the Woodlands Homeowners
Xol Association board of directors following the effective date of
102 this act. said board shall function only through March 19 2004.
103 The sole function of said initial board shall be to adopt a
104 resolution authorizing imposition of a non -ad valorem s ecial
105 assessment for all private properties within the Woodlands
106 Independent District and to comply with all other provisions of
107 section 197.3632(3)(a) Florida Statutes.
108 (2) The members of the board of the Woodlands Independent
log District shall be elected at a special election to be called b
110 Broward,County on March 9 2004 in accordance with the
111 provisions for elections contained in chapter 169 Florida
112 Statutes and the Florida Election Code, exce t as provided
113 herein. The individual receiving the qreatest number of votes
114 of voters,who reside in each of the eight subdistricts in the
115 Woodlands Independent District and'are alified voters of the
116 state voting in the election from amon the candidates residin
117 within each subdistrict who have qualified for election 60 days
118 priot to the election shall be elected to the governing board
119 from said subdistrict. A ninth member of the board shall be
120 elected in the same manner as the previous eicrht board members,
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O R 1 D A H O U S E O F R E P R E S E N T A T I V
E S
2003
HB 1559
121
except that a candidate may alif by. residinanywhere within
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the Woodlands Independent District and shall be elected at
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large. The initial governing board shall remain in their
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res ective offices until the election of their successors.
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(3) Subseg2ent election of the members of the governing
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board of the Woodlands independent District shall coincide with
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the date of the Tamarac City Commission scheduled for 2006 with
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the elections and qualifications as provided in subsection_ill .
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Each member of the governing board shall be elected for a 3-year
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term thereafter to coincide with the date of the Tamarac
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municipal election scheduled.
_
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(4) Any member of the governing board may be removed_bya
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majority vote of the board for misfeasance malfeasance, or
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neglect of duty.
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(5) Any vacancy in the membership of the governing board
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resulting from the death, resignation, or removal of any such
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board member or from any other cause shall be filled for the
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remainder of the term by election within 30 days after the
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occurrence of such vacancy. However, in the event that the
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remaining term is 60 days or less, the vacancy shall be filled
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by election to coincide with the next Tamarac munici2aal
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election.
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Section 5. The governing board of the Woodlands
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Independent District, shall have the following powers .commenciM
145
on March 20, 2004:
146
(1) To enter into contracts and agreements and sue and be
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sued as a body corporate.
14e
(2) To have and use a corporate seal.
149
^(3) To acquire,T own, convey., or otherwise dispose _of,
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lease as lessor or lessee construct maintain, improve,
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2003
HB 1569
151 enlarge, raise relocate, operate, and manse property and
152 facilities of whatever type to which it holds an appropriate
153 interest and rant and ac ire licenses easements and options
154 With respect thereto.
155 (4) To accept grants and donations of any type of
156 pr2perty, labor, or other thing of value from an ublic or
157 private source.
159 (5) To have exclusive control of funds legally available
159 to it, subject to limitations imposed by law or by any agreement
160 validly enter into by it.
161 (6) To hire and employ full-time and art -time personnel
162 and provide, benefits therefor.
163 (7) To coo erate and contract with governmentalagencies
164 or other public bodies.
165 (8) To contract for services of.planning consultants,
166 a erts on crime prevention through community olicin
167 innovations, environmental design, environmental security,_or
169 defensible space or other experts in areas pertainin2 to the
169 operation of the governing board of the District.
170 (9) To contract with the county or municipal government
171 for planning assistance and for increased levels of law
172 enforcement rotection, code enforcement and security,
173 including personnel to provide any functions necessary_ for the
174 accomplishment of its purposes. The Woodlands Independent
175 District shall be responsible for all costs and ex enses
176 incurred under the a reement.
177 (10) To im rove street lights, arks streets drainage.,_
178 utilities, swales, and open areas and provide safe access to
179 mass transportation facilities in the District with the prior
180 approval of the City of Tamarac.
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F L O R I D A H O U S E
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O F R E P R E S E N T A T I V E S 0
HB 1569
(11) To undertake innovative approaches to securing
neighborhoods from crime, blight, and failure to maintain
2003
property to community standards.
(12) To provide for crime prevention throw h community
policing innovations environmental desi n environmental
security,_and defensible space.
(13) To ado t Rroperty maintenance aesthetic and
architectural standards more stringent than those ado ted b
ordinance of the City of Tamarac within the boundaries of the
Woodlands Independent District.
(a) Said standards shall be set only by adoption of a
resolution of the board after two public hearings as provided
for in section 166.041(3)(c), Florida Statutes, exce t that an
reference in said section of Florida Statutes to the ordinances
of a municipality shall also relate to the resolution of the
Woodlands Independent District.
(b) Every resolution, upon its final passage, shall be
recorded in a book kept for that purpose and shall be signed b
the residin officer of the District and by the clerk of same.
(c) Each regulation adopted by the Woodlands Independent
District shall be filed with the Clerk of the Woodlands
Independent District and the City Clerk of the City of Tamarac.
(d) Each regulation shall be printed and codified from
time to time and available at each meeting of the governing
board of the Woodlands -Independent District.
e) Once enacted, each resolution shall be an enforceable
recrulation as to 2rivate property within the Woodlands
Independent District. Each violation of a standard adopted b
the Woodlands Inde endent District may be enforced hy the
District either through civil injunction or as a code violation
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,J�k F L O R I D A H' O U S E O F R E P R E S E N T A T I V E S
Ar 2003
HB 1569
211 enforceable b the Cit of Tamarac ursuant to art I of chapter
2.12 162 Florida Statutes.
213 1. The Woodlands Independent District shall be entitled to
214 recover all court costs and attorne 's fees in any successful
215 action brought to enjoin a violation of a standard adopted
216 Rursiant to this subsection.
217 2. For 12urposes.of enforcement of the re lations of the
218 Woodlands Independent District pursuant to part i of chapter 162
219 and section 162.03 Florida Statutes, each regulation shall be
220 deemed a al in di nit and stature and ;arry the force and
221 effect of a duly -enacted section of the code of the City -of
222 Tamarac. Penalties for violations of the Woodlands Independent
223 District shall be as provided in Rart I of chapter 162 Florida
224 State
225 (f) The Woodlands -Independent District and the City of
226 Tamarac shall enter into an agreement for enforcement of the
227 Woodlands Inde endent District standards and regulations
229 pursiant to part I of chapter 162 Florida Statutes.
229 (14) To privatize, close, vacate, plan, or replan streets,
230 roads sidewalks and alleys and to-reaLalate, restrict or
231 monitor traffic by security devices and personnel on public
232 streets within the District. All such actions re ire the prior
233 approval of the City of Tamarac.
234 (15) To make and collect special assessments pursuant to
235 sections 197.3632 and 197.3635, Florida Statutes to pay for
236 mTpn rovements to the District enforc ment of enacted standards
237 and re lations and reasonable a ense of operating the
238 District, including the payMent of expenses included in the
239 District's budget.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A..
2003
MB 1569
(16) To be authorized to receive a lannin rant from the
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Department of Community Affairs.
(17) To issue revenue bonds ursuant to section 189.4085
242
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Florida Statutes and otherwise by general law to 2!'-Y for
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capital improvements necessary to meet the purpose of the
245
District .
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(18) To issue refumding bonds ursuant to section
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189.4085, Florida Statutes, and otherwise by general law to
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refund any bonds then outstanding which shall have been issued
249
under_ the provisions of this act.
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(19) The District shall not be empowered or authorized in
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any manner to create a debt as against the state, county, or an
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or all of the cities and may not pledge the full faith and
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credit of the state county, or any of the cities. All revenue
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bonds or debt obligations shall contain on the face thereof a
255
statement to the effect that the state, county, or any of the
256
cities in which the District is located shall not be obligated
257
to pay the same and neither the full faith and credit nor the
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taxincr power of the state or of any political subdivision
259
thereof is pledged to the payment of the principal of or the
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interest on such bonds. The issuance of revenue or refunding
261
bonds under the provisions of this act shall not directly,
262
indirectly, or Contingently obligate the state, county,_or__city,
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in which the District is located to levy or pledge any_form of
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taxation whatever therefor or to make any appropriation for
265
their payMent.
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(20) To provide for fiscal management and budget
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'Oreparation as provided in section 163.5151, Florida Statutes.
268
(21) To contract and cooperate with communit
269
organizations pursuant to section 163.523, Florida Statutes.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1569
2003
270 (22) To apply on behalf of the District and be eligible to
271 receive lannan rants and technical assistance as a local
272 government neighborhood improvement district pursuant to section
273 163.517 Florida Statutes.
274 Section 6. Organization, compensation, and administrative
275 duties of the overnin board of the District shall commence on
276 April 1, 2004,
277 1) There shall be at least one regular meeting of the
278 governing board of the Woodlands Independent District every
279 second month. The regular meetings of the governing board shall
280 be conducted at a building located within the geogrnhic
281 boundaries of the District. The meetings shall be held pursuant
282 to sections 189.416 and 189.417 Florida Statutes.
283 (2) Special meetings or workshop meetings of the governing
284 board may be called from time to time by the chair, the vice
gas chair, or a majority of the members of the governing_ board.
286 (3) The members of the governing board shall serve without
287 compensation except for reimbursement of responsibility and
288 necessary expenses as provided for in chapter 112, Florida
289 Statutes.
290 Section 7. The District shall comply with the financial
291 disclosure, noticing, and reporting requirements of section
292 189.418, Florida Statutes. The District shall prepare and submit
293 reports, budgets, and audits as provided in sections 189.415 and
294 189.418, Florida Statutes, 'except as otherwise Rrovided herein.
295 Section 8. The charter of the Woodlands Independent
296 District may be amended by s ecial act of the Legislature.
297 Section 9. The Woodlands Independent District shall not
298 have the power to levy ad valorem taxes.
299 Section 10. The Woodlands Independent District shall
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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HB 1569 2003
cooperate with the City of Tamarac in all planning matters.
Section 11. This act shall be liberally construed in order
to effectuate its purposes.
Section 12. In the event of a conflict between the
provisions of this act and the provisions of any other act, the
provisions of this act shall control to the extent of such
Section 13. This act shall take effect upon becoming a
law.
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F0111.91a".1
Amendments to HB 1569
The provisions of HB 1569, creating the Woodlands Independent District
within the City of Tamarac, shall be amended as follows:
1. Line 191, P. 7 begins revision of subsection (13)(a) to read as
follows:
(a) Said standards shall be set only by adoption of a resolution of
the board and adoption of the board after two public hearings as provided
for in section 166.041(3)(c), Florida Statutes, except that any reference in
said section of Florida Statutes to the ordinances of a municipality shall
also relate to the resolution of the Woodlands Independent District anc�
u on adoption by the City of Tamarac of an ordinance incorporating t
standards. into the mUajgWgUode of the it f Tamarac.
2. Line 225, Page 8 begins revision of subsection (13)(f) to read as
follows:
(f) The Woodlands Independent District and the City of TamaraG
shall enter into an agreement with the City of Tamarac for enforcement of
the Woodlands Independent District standards and regulations pursuant to
part I of chapter 162, Florida Statutes.
3. Line 299, Page 10 begins revision of Section 10 to read as follows:
Section 10. The Woodlands Independent District shall cooperate with and
be subiect to_ the paramount authority of the City of Tamarac, including but not
limited to the adoption, amendment or repeal of any ordinance. All City of
Tamarac governmental planning, environmental. and _land development laws.
regulations, and ordinances apply to all development of the land within the
Woodlands n nt DtrThe of have the power of a local
government to adopt a comprehensive_plan, b ildin4 code, or land development
code, as those terms are defined in the Local Government Comprehensive
Planning and Land Development Regulation Act. The District shall take no
action, now or in the future. which, Is inconsistent with applicable comprehensive
plans, ordinances or regulations of the City of Tamarac,.--- No fee. cha ae. or
assessment imposed__by the District shall entitle any resident or landowner within
the District to seek or obtain relief from any fee, charge, assessment or tax
imposed by the City of Tamarac. All property or facilities. including. but not
limited to, street lights, parks, streets, drainage, utilities, swales or other public
r_p oiects owned by or construct y the
_District shall conform: to and comply with
the applicable standards_. and ordinances of the Citv of Tamarac with respect to
comparable property or faciliti
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Exhibit B
March 27, 2003
Proposed by
Comm. Flansbaum-Talabisco
Amendments to HB 1569
The provisions of HB 1569, creating the Woodlands Independent District within
the City of Tamarac, shall be amended as follows:
1. Line 225, Page 8 begins revision of subsection (13)(f) to read as follows:
(f) The Woodlands Independent District and the Gity of TaFnaFaG shall
enter into an interlocal agreement with the City of Tamarac for enforcement of the
Woodlands Independent District standards and regulations pursuant to part I of
chapter 162, Florida Statutes. The interlocal agreement shall rovide that the
Woodlands Independent District shall indemn' hold harmless the Cityf
Tamar elec officials,agents and employees,m and against any cIaim or
legal action that may arise from or as a result of said interlocal agreement.
Addition the Woodlands Improveme—W District shall maintain ins atisfactor
to the City of Ta-m-arac, naming the City of Tamarac as an additional insured, for the
term of the interlocal agreement.
2. Line 299, Page 10 begins revision of Section 10 to read as follows:
Section 10. The Woodlands Independent District shall cooperate with and be
sub'ect to the paramount authority of the City of Tamarac including, but not limited to
the adoption, amendment or repeal of any ordinance. All City of Tamarac
governmental planning, environmental, and land development laws, regulations, and
ordinances apply to all development of the land within the Woodlands Independent
District.
_ The District shall take no action, now or in the future, which is
inconsistent with applicable comprehensive plans, ordinances or regulations of the
City of Tamarac. No fee charge, or assessment imposed by the District shall entitle
any resident or landowner within the District to seek or obtain relief from any feel
charge, assessment or tax imposed by the City of Tamarac. All property or facilities
including, but not limited to, street lights, parks, streets, drainage, utilities, swales or
other public projects owned by or constructed by the District shall conform to and
comply with the applicable standards and ordinances of the City of Tamarac with
respect to comparable property or facilities in . The District does
not have the power of a .. ocal aovernment to adopt a Chapter 1.63 Comprehensive
Plan.
CODING: Words in ugh type are deletions recommended by Special Counsel
Words in type are deletions recommended by Comm. Flansbaum-Talabisco
Words in underscored type are additions recommended by Special Counsel
Words in type are additions recommended by Comm. Flansbaum-Talabisco
BRYANT, MILLER AND OLIVE, P.A.
TALLAHASSEE
ORLANDO
THE EXCHANGE Burumr,
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TALLAHASSEE, FLORmA 32301
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TELEPHONE: (850) 222-8611
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FACSIMILE: (850) 222-8969
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PLEASE REPLY TO:
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DIRECT DIAL: (813) 222-1726
MDAVIS@�BMOLAW.COM
155100 to] "7:11\ 910K5
TO: Mitchell S. Kraft, City Attorney
Vanessa T. Steinerts, Assistant City Attorney
FROM: Michael Davis, Bryant, Miller and Olive, P.A.
RE: Woodlands Independent Special District
DATE: March 27, 2003
Previously we have reviewed, at your request, a proposed local bill (the "Bill) to be
brought forward by the Broward County Legislative Delegation in an effort to create an
Independent Special District within. the City of Tamarac (the "City") to be known as the
Woodlands Independent District (the "District"). In our March 17, 2003 memo we made
certain recommendations, concerning changes to the Bill, designed to make the objectives of
the Bill more obtainable, while avoiding impairing the powers of the City. We have now
been asked to review further revisions put forward by Commissioner Talabisco to our
suggested modifications (the "Proposed Revisions"). The Proposed Revisions remove our
recommended provision that the District's standards become effective only upon adoption
by City ordinance and substitute a statement by the Legislature that, "The deed
Mitchell S. Kraft, City Attorney
Vanessa T. Steinerts, Assistant City Attorney
March 27, 2003
Page 2
restrictions in Woodlands are more restrictive than the City Code." Our original
recommendation that the District's regulations would only take effect upon adoption by
City ordinance was based on our view that an ordinance will be more likely to sustain legal
challenge than a District regulation. Regulations imposed by a special district are analyzed
under a more stringent legal standard than are ordinances enacted by general purpose
government such as the City of Tamarac. Therefore, adoption of the District regulations by
ordinance will help assure that the objectives of both the Bill and the District are achieved
without costly and lengthy litigation. Further, the City will need to amend its Code by
adoption of an ordinance to provide for the enforcement of these regulations by the City on
behalf of the District. Therefore, while the Commissioner's recommendation is legally
acceptable, as a practical matter, the City will likely be addressing these regulations
through the ordinance adoption process whether or not our recommendations are
incorporated into the legislation.
The City will also, of course, need to review the regulations in order to assure that
all of them may be lawfully enforced by the City prior to signing an agreement to enforce
thetas. Should the Revisions as proposed by Commissioner Talabisco be adopted instead of
our original recommendation, we would still urge the City to review the District
Regulations and make any necessary ordinance amendments to authorize enforcement of
District regulations prior to entering into an agreement with the District.
Commissioner Talabisco's Proposed Revisions also remove the statement that, "The
District does not have the power of a local government to adopt a comprehensive plan,
building code, or land development code, as those terms are defined in the Local
Government Comprehensive Planning and Land Development Regulation Act" and
Mitchell S. Kraft, City Attorney
Vanessa T. Steinerts, Assistant City Attorney
March 27, 2003
Page 3
substitutes language which states that, "The District does not have the power of a local
government to adopt a Chapter 163 Comprehensive Plan." Our recommendation was tied
to our advice that the bill specify that regulations of the District are subject to the
paramount authority of the City, including all City governmental planning, environmental
and land development laws, regulations and ordinances. That language, which the
Commissioner does not propose to alter, is the more important language. The statement
which is proposed to be removed is, therefore, not critical.
Should the bill not be enacted into law, the City will nonetheless probably have the
authority to indirectly enforce some of the expired deed restrictions through a number of
traditional mechanisms. For example, the City might consider creating an architectural
review board and requiring that certain proposed exterior alterations to private property be
reviewed by that board. The City might also require maintenance of vegetated areas on
private property and maintenance of driveways and similar private facilities, which if
unmaintained will harm the aesthetics or general welfare of the City. While this general
approach is within the City's powers, we would need to do further analysis before we could
advise specifically what the City might be able to do in that regard.
The City also has the home rule power to raise revenue through special assessments
to pay for improvements and services within the District which are public in nature and
which are a special benefit to the assessed property.
The City already has the ability to create special assessment districts and levy
special assessments in those districts. The City could, for example, create by ordinance in
the Woodlands a special assessment district for the levy of special assessments to pay for
certain types of public improvements and services in the district, for example, sidewalks
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Independent Special District. 03_27_03v42.doe
Mitchell S. Kraft, City Attorney
Vanessa T. Steinerts, Assistant City Attorney
March 27, 2003
Page 4
and fire protection services. Some types of services and improvements cannot
constitutionally be paid for by special assessments, whether levied by the City or the
District, for example, emergency medical services, general law enforcement or
improvements to privately owned property not legally dedicated to public use. See AGO 92-
42 and AGO 98-81. A special assessment must be for a service or improvement which
provides a special benefit to the property assessed and must be properly apportioned. An
Independent Special District created by special act can be authorized to levy a millage
outside of the constitutional 10 mill cap, subject to referendum. A mill levy is not subject to
the same limitations as to special benefit and proper apportionment as is a special
assessment. The City does not have the legal ability to create a municipal services taxing
unit to pay the costs of maintaining private common areas in a subdivision. See AGO 92-
31.
We would be pleased to further assist the City with this very difficult issue of how to
best protect its citizens against the consequences of expired deed restrictions and in
connection with this very creative and thoughtful legislative approach. I will be present at
your Commission meeting on Monday the 318t to assist you and your Commission.
Enclosure
cc: Mark G. Lawson
Jeffrey L. Miller, City Manager
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Independent Special District. 03_27_03v42.doe