HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-009 Tamarac Village Community Development District DissolutionTemp. Ord. No.2501
May 11, 2022
Page 1 of 3
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. O - 2022 - OV I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE DISSOLUTION OF THE
TAMARAC VILLAGE COMMUNITY DEVELOPMENT DISTRICT
PURSUANT TO THE PETITION FILED BY THE DISTRICT, ATTACHED
HERETO AS EXHIBIT "A", IN ACCORDANCE WITH FLORIDA STATUTES
190.046(10); PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions
as may be required for the proper governing of the City; and
WHEREAS, the City Commission of the City of Tamarac, Florida (the "City"),
adopted Ordinance No. 2014-01 on February 26, 2014, establishing the Tamarac Village
Community Development District (the "District"), pursuant to Section 190.005, Florida
Statutes; and
WHEREAS, pursuant to Florida Statutes 190.046(10), if a district has no
outstanding financial obligations and no operating or maintenance responsibilities, upon
the petition of the district, the district may be dissolved by a nonemergency ordinance of
the general-purpose local governmental entity that established the district; and
WHEREAS, the Board of Supervisors of the District has submitted a Petition (the
"Petition"), attached, and incorporated as Exhibit "A", to the City Commission dated
October 20, 2021, requesting that the District be dissolved; and
134304187.1
Temp. Ord. No.2501
May 11, 2022
Page 2 of 3
WHEREAS, the District has provided information to the City that, as of the date of
the adoption of this Ordinance, the District has no further outstanding financial obligations,
nor any further operating or maintenance responsibilities; and
WHEREAS, the City Commission finds that dissolving the District is in the best
interests of the business owners, residents, and visitors of the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing recitals are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof; all exhibits attached hereto are incorporated herein and made a specific
part thereof.
SECTION 2:
The City authorizes the dissolution of the Tamarac Village
Community Development District and is authorized to adopt this Ordinance under the
authority granted by the provisions of Section 190.046(10), Florida Statutes, and other
applicable provisions of law.
SECTION 3: That it is determined that:
A. The District Board of Supervisors has petitioned the City to dissolve
the Tamarac Village Community Development District. Said petition
attached hereto as Exhibit "A".
B. The District has provided information to the City that, as of the date
of adoption of this Ordinance, it has no further outstanding financial
obligations, nor any further operating or maintenance responsibilities.
SECTION 4: The City Commission grants the Petition and dissolves the
Tamarac Village Community Development District.
SECTION 5: That if any clause, section, sentence, or phrase of this
Ordinance is for any reason held unconstitutional or invalid by a court of competent
134304187.1
Temp. Ord. No.2501
May 11, 2022
Page 3 of 3
jurisdiction, the holding shall not affect the validity of the remaining portions of this
Ordinance.
SECTION 6: That all ordinances or parts of ordinances, resolutions, or
parts of resolutions in conflict with this Ordinance, are repealed to the extent of such
conflict.
SECTION 7: That this Ordinance shall be effective immediately upon its
passage and adoption.
PASSED, FIRST READING this RS"- day of May 2022.
PASSED, SECOND READING this$`day of June 2022.
ATTES1-:
F<IMBERLDCL_ ON CMC
ACTING CITY CLERK
MICH LE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR GOMEZ Li&s
DIST 1:
COMM. BOLTON
VIC
DIST 2:
V/M GELIN
DIST 3:
COMM. VILLALOBOS
DIST 4:
COMM. PLACKO�
RECORD
OF COMMISSION VOTE:
2nd Reading
MAYOR GOMEZ
DIST 1:
COMM. BOLTON
DIST 2:
V/M GELIN
DIST 3:
COMM. VILLALOBOS
JCS
DIST 4:
COMM. PLACKOS
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANPE pF THIS CITY OF TAMARAC ONLY.
JO HERIN, JR
WY ATITORNEY
134304187.1
PETITION REQUESTING THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA, TO
ADOPT AN ORDINANCE FOR THE PURPOSE OF
DISSOLVING THE TAMARAC VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
PURSUANT TO SECTION 190.046(10), FLORIDA
STATUTES
Petitioner, Tamarac Village Community Development District, a local unit of
special-purpose government organized and existing in accordance with Chapter 190,
Florida Statutes (the "District"), hereby petitions the City Commission of the City of
Tamarac, Florida (the "City"), to adopt an Ordinance for the purpose of dissolving the
District in accordance with Section 190.046(10), Florida Statutes.
The District was established by City of Tamarac Ordinance No. 2014-01,
adopted on February 26, 2014. The boundaries of the District are located
wholly within the boundaries of the City. A legal description of the
District boundaries is attached hereto as Exhibit "A".
2. Section 190.046(10), Florida Statutes, provides that, upon petition of the
District, the City Commission may adopt an ordinance dissolving the
District when the District has no outstanding financial obligations and no
operating or maintenance responsibilities. Prior to the adoption of the
ordinance dissolving the District, ownership of all infrastructure
improvements owned by the District will be transferred to other entities
and all other financial obligations of the District will be satisfied, so that at
the time the District is dissolved, the District will have no further
outstanding financial obligations or operating or maintenance
responsibilities. A copy of an updated balance sheet for the District dated
July 31, 2021 is attached hereto as Exhibit "B".
3. The District Board of Supervisors adopted Resolution 2021-09 on August
9, 2021, authorizing the filing of this Petition to Dissolve and determined
that it is in the best interest of the District and the current and future
landowners of the land within its boundaries that the existence of the
District be terminated. A copy of Resolution 2021-09 is attached as
Exhibit "C".
WHEREFORE, Petitioner respectfully requests the City Commission grant this
Petition and adopt an ordinance for the purpose of dissolving the District pursuant to
Section 190.046 (10), Florida Statutes.
Aftpct*
Respectfully submitted this &Uday of Q(,-p �g,r; 2021.
TAMARAC VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
By: 14 rk f
Name: A aw` F'reeglkarx
Title: Chairperson
EXHIBIT "A"
9
DESCRIPTION:
All of Lots 6 through 12, Black 4, Lot 1, Block 3, and a portlon of I4W gist Avenue,
LYONS INDUSTRIAL PARK, according to the plot thereof as recorded in Plat Book 71, Pogo 1
of the Public Records of Broward County, Florldo.
Together with;
Portions of Lots 1 through W, Block 10, c portion of Lots 6 through 10, Blook 9, a Portion
of NW gist Avenue and a portlon of NW 57Th Street, LYONS COWERCIAL SUBDIVISON UNIT
No. 2, according to the plot thereof as recorded in Plot Book 69, Pogo 43 of the Public
Records of Broward County, Florida,
Sold londs being more porticularly desoribed as follows:
BEGIN14ING of a point lying on the West Ilm of lot 9, Block M of sold LYONS COMMERCIAL
SUBDiVISION UNIT No. 2, sold point also being 7.00 feet North of as measured of rl5ht
angles, the South line of sold Block 10; thence North 00'23'24" West (os n basis of
bearings) clang said West line of said Lot 9, Block 1% a dlstonce of• 8,88 feet to a point
being on o line lying 15.88 feet North of and parallel with the South line of sold Lot 10;
thence South 89'36'36 West along sold parallel line, a distance of 21014 feet; thence.
North 4554'40" West, a distance of 22.36 feet to a point being on the West line of sold
Block 10; thence North 01'25'55" West along sold West line and the Northerly extension
thereof, a distonoe of 399.02 feet to a point being the Southwest corner of Block' 4,. of
sold LYONS INDUSTRIAL PARK, sold po'nt also being the point of curvature of o circular
curve to the •left- whose radius point boors North 88'34'05" East from sold point; thenoe
Southeasterly along the ore of said curve having a radius of 25.00 feet, a csrtral angle of
88'57'29" and an are length of 38,82 feet; thence North 89'36'36" East, a distance of
390.47 feet to a point being the Southwest corner of L'ot 6, of sold Block 4; the preceding
two (2) courses and distances being coh ddenl with the South -line of said Block 4; thence
North 00'23'24" West along the 'Nest line of sold Lot 6, a distonoe of 250M feet to the
Northwest corner of said Lot 6, sold Northwest corner also lying on the North tins of said
Block 4; thence North 89'36'36" East along sold North Ilho of Block 4, o distance of
800.00 ieol to a point being the Northeast corner of sold Block 4; thence coithue, North
89'36'36" i:ast along the Eosterly extsnsloh of sold North line of Blook 4, a distance of
60,00 feet to a point bdr)g the Northwest corner of sold Block 3, of said LYONS
INDUSTRIAL PARK; thence North 819'36'36" East along the North line of sold Block 3, a
distance of 200.00 feet to o point being the Northeast corner of Lot 1, of said Block 3;
thence South 00'23'24" East along the Eost line of said Lot 1, a distance of 250.00 feet
to o point being the Southeast corner of said Lot 1, sold Southwest corner also lylno on
the Soutar line of sold Block 3; thence North 89'36'36h E olong said South line of Black 3,
a dlstonce of 336,84 feet to a pctnt being the Southwest corner of Parcel A, of sold
LYONS COMMERCIAL SUBOMSi00 UNIT NO, 2; thence continue North 89'38'36" Last along
the.South line of said Parcel A, a distance of 608,67 feet;
Dennis J. Leavy & Associates, (no.
Land Surveyors * Mappers
460 Business Pork Way v Suits B
Royal ?aim Beach, Ftorido 33411
Fhone:661 753-0650 rox: 561 753--0290
CONTINUED ON WEFT 4 OF 6
SKETCH & DESCRIPTION
For; CITY OF TAMARAC, FLORIDA
DPAWN; t{pp SCAM; {{/A DAM07/2h/13
CHK; DAg jJW i�-VA-coo I SWET; a or e.0
DESCRIPTION continued;
thence South OO'23'24" East, a distance of 106.00 feet to a point Ding on the North line
of Block 9, of said LYONS COMMERCIAL SUBDIVISION UNIT NO, 2; thence South 89`36'36"
West alone the North lane of sold Block 9, a distance of 650.36 feet; thence South
Ot'25'S5" East, a distance of 200,73 feet to the point of Intersection wish the East line of
p Lot 7, of sold Block 9; thence continue South 01'25'55" East, a distance of 80,27 feet; the
preceding two (2) courses and distances being coincident with the East lire of a parcel of
land described in Official Records Book 47818, Page 1087, of the Public Records of Broword
County, Florida; thence South 89'36'08" West, o distance of 51.89 feet; {hence South
n 00'23'24" East, a distance of 11.99 feet to a point being on o Line lying 7.00 feet North of
and parallel with the South line of said Block 9; the preceding two (2) courses and
distances being coincident with the North and West lines of a parcel of land as described In
Offlciol Records Book 32920, Page 120, of the Public- Records of Broword County, Florida;
thence South 89'36'36" West along sold parallel line, a distance of 474.50 feet to a point;
thence continue South 89'36'36" West along the Westerly extenslan of sold parolfel line, a
distance bf 100,00 feet to a point being on a line lying 7.00 feet North of and poratlel with
the South fine of Slook 10, of sold LYONS COMMERCIAL SUBDIVISION UNiT No. 2; thenos
continue South 89'38'36" West, along sold porallei line, a distance of 975,00'feet to the
POINT OF BEGINNING.
Sold fonds situate, lying and being in Section.8, Township 49 South, Range 41 East, City of
n Tamarac, 8roward. County, Florida,
Containing 23.856 acres more or less.
Dehnis J, Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land SUReyam" f,/appe;s For: CITY of TAMAIIAC, FLORiDA
460 Business Pork May * Suite B bRAV�N: NFO SCALE: R/A bA1"F:07/24/13
Royal Palm Beach, Florida 33411
Phone: 561 755-0650 Fax: 561 753-0290 CHK: DAB 1008# U-004-CDD I SHEET; 4 of 6
EXHIBIT "B"
TAMARAC VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
FINANCIAL STATEMENTS
UNAUDITED
JULY 311 2021
TAMARAC VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
BALANCE SHEET
GOVERNMENTAL FUNDS
JULY 31, 2021
ASSETS
Cash
Cash - SunTrust
Due from Developer
Total assets
LIABILITIES AND FUND BALANCES
Liabilities:
Accounts payable
Developer advance
Due to Developer
Total liabilities
DEFERRED INFLOWS OF RESOURCES
Deferred receipts
Total deferred inflows of resources
Fund balances:
Restricted for:
Debt service
Unassigned
Total fund balances
Total liabilities, deferred inflows of resources
and fund balances
Debt Total
General Service Governmental
Fund Fund Funds
$ 9,618 $ - $ 9,618
3,236 - 3,236
3,447 - 3,447
$ 16,301 $ - $ 16,301
$ 6,983 $ - $ 6,983
2,500 - 2,500
- 61,615 61,615
9,483 61,615 71,098
3,447 - 3,447
3,447 - 3,447
- (61,615) (61,615)
3,371 - 3,371
3,371 (61,615) (58,244)
$ 16,301 $ - $ 16,301
TAMARAC VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
GENERALFUND
STATEMENT OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
FOR THE PERIOD ENDED JULY 31, 2021
REVENUES
Developer contribution
Total revenues
EXPENDITURES
Professional & administrative
Management/accounting/recording
Legal
Engineering
Audit
Methodology consultant
Telephone
Postage
Printing & binding
Legal advertising
Annual special district fee
Insurance
Contingencies/bank charges
Website maintenance
Website ADA compliance
FPL lighting
Office supplies
Total professional & administrative
Excess/(deficiency) of revenues
over/(under) expenditures
Fund balances - beginning
Fund balances - ending
Current
Year to
% of
Month
Date
Budget
Budget
$ 4,963
$ 46,374
$ 91,821
51%
4,963
46,374
91,821
51%
2,083
20,833
25,000
83%
500
7,817
27,000
29%
-
1,804
5,000
36%
-
3,700
2,700
137%
-
-
15,000
0%
13
125
150
83%
-
9
500
2%
46
457
548
83%
326
723
1,750
41 %
-
175
175
100%
-
6,189
6,483
95%
25
309
350
88%
-
705
705
100%
-
210
210
100%
455
4,520
6,000
75%
-
-
250
0%
3,448
47,576
91,821
52%
1,515 (1,202) -
1,856 4,573 -
$ 3,371 $ 3,371 $ -
6
TAMARAC VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
STATEMENT OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
DEBT SERVICE FUND
FOR THE PERIOD ENDED JULY 31, 2021
REVENUES
Total revenues
EXPENDITURES
Debt service
Total debt service
Excess/(deficiency) of revenues
over/(under) expenditures
Fund balances - beginning
Fund balances - ending
Current Year To
Month Date
61,615 61,615
$ (61,615) $ (61,615)
3
EXHIBIT "C"
RESOLUTION 2021-09
A RESOLUTION OF THE BOARD OF SUPERVISORS OF
THE TAMARAC VILLAGE COMMUNITY DEVELOPMENT
DISTRICT AUTHORIZING DISTRICT COUNSEL AND
DISTRICT STAFF TO FILE A PETITION WITH THE CITY
OF TAMARAC, FLORIDA TO DISSOLVE THE DISTRICT
AND FOR ANY OTHER ACTION TO EFFECTUATE
TERMINATION OF THE DISTRICT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE
WHEREAS, the Tamarac Village Community Development District ("District")
was established by the City of Tamarac, Ordinance No. 2014-01, adopted on February
26, 2014; and
WHEREAS, the District Board of Supervisor (`Board") has determined that it is
in the best interests of the District and current and future landowners of land within the
boundaries of the District that the Dishict be terminated; and
WHEREAS, pursuant to Section 190,046(10), Florida Statutes, the District Board
proposes to dissolve the District and take all actions necessary to dissolve the District
including, but not limited to, disposal of all District assets, financial obligations and
operation and maintenance responsibilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE TAMARAC VILLAGE COMMUNITY DEVELOPMENT DISTRICT, AS
FOLLOWS: '
SECTION 1. The foregoing recitals clauses are true and correct and are hereby
incorporated into this Resolution by reference.
SECTION 2. The District hereby authorizes the filing with the City of Tamarac,
Florida, a petition to dissolve the Tamarac Village Community Development District
and any associated filing fees, in accordance with Section 190.046(10), Florida States.
SECTION 3. The District hereby authorizes the transfer of all real property
assets of the District to the City of Tamarac, Broward Comity, Florida.
SECTION 4. The District hereby authorizes the Chairperson to execute all
documents necessary for the dissolution and conveyances on behalf of the District.
SECTION 5. If any section or part of a section of this resolution be declared
invalid or unconstitutional, the validity, force and effect of any other section or part of a
section of this resolution shall not thereby be affected or impaired unless it clearly
appears that such other section or part of a section of this resolution —is —wholly —or —
necessarily dependent upon the section or part of a section so held to be invalid or
unconstitutional.
SECTION 6. All resolutions or parts thereof in conflict herewith are, to the
extent of such conflict, superseded and repealed.
SECTION 7. EFFECTIVE DATE. This Resolution shall become effective upon
its adoption.
PASSED AND ADOPTED THIS 9fh DAY OF AUGUST, 2021.
ATTEST:
Secretary/Assan c�
TAMARAC VILLAGE COMMUNITY
DEVELOPMENT DISTRICT
0
C„ hair/Vice Chair, Board of Supervisors