HomeMy WebLinkAboutCity of Tamarac Ordinance O-2000-001September 8, 1999 -- Temp. Ord. #1866 1
Revision No. 1. - September 17, 1999
Revision No. 2 - December 13, 1999
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2000- 0 /
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
ADOPTING AN AMENDMENT TO THE FUTURE
LAND USE ELEMENT OF THE CITY
COMPREHENSIVE PLAN IN ACCORDANCE
WITH CHAPTER 163, SUBSECTION
163.3177(6)(a) OF THE FLORIDA STATUTES;
CONCERNING A TEXT AMENDMENT TO
INCORPORATE A NEW OBJECTIVE AND
RELATED POLICIES PERTAINING TO PUBLIC
SCHOOL FACILITIES SITING AND PUBLIC
FACILITIES COLLOCATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, provisions of the Local Government Comprehensive Planning and Land
Development Regulation Act of 1985 require adoption of a comprehensive plan; and
WHEREAS, the City of Tamarac, Florida, pursuant to said Local Government
Comprehensive Planning Act, and in accordance with all its terms and provisions, has
prepared and adopted a comprehensive plan which has been submitted to and reviewed
by the South Florida Regional Planning Council (SFRPC) and the State Department of
Community Affairs (DCA); and
WHEREAS, the City of Tamarac Planning Board, as the Local Planning Agency,
has reviewed this Text Amendment to the Future Land Use Element of the Comprehensive
Plan (attached hereto as Exhibit "A"), held a public hearing on September 15, 1999 and
recommends approval; and
and
September 8, 1999 - Temp. Ord. #1866 2
Revision No. 1 - September 17, 1999
Revision No. 2 - December 13, 1999
WHEREAS, the Interim Director of Community Development recommends approval;
WHEREAS, the City Commission of the City of Tamarac held the first public hearing
on September 22, 1999 pursuant to Chapter 163 of the Florida Statutes, to consider
transmittal of the proposed amendment to the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the
best interest of the citizens and residents of the City of Tamarac to adopt an amendment
to the Future Land Use Element of the City Comprehensive Plan in accordance with
Chapter 163, Subsection 163.3177(6)(a) of the Florida Statutes; concerning a text
amendment to incorporate a new objective and related policies pertaining to Public School
Facilities Siting and Public Facilities Collocation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of the Ordinance
upon adoption hereof.
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September 8, 1999 - Temp. Ord. #1866 3
Revision No. 1 - September 17, 1999
Revision No. 2 - December 13, 1999
SECTION 2: That adopting an amendment to the Future Land Use Element
of the City Comprehensive Plan, in accordance with Chapter 163, Subsection
163.3177(6)(a) of the Florida Statutes; concerning a text amendment to incorporate a new
objective and related policies (attached hereto as Exhibit "A") pertaining to Public School
Facilities Siting and Public Facilities Collocation, is HEREBY APPROVED.
SECTION 3: All Ordinances or parts of Ordinances, and all Resolutions or
parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 4: If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
September 8, 1999 - Temp. Ord. #1866 4
Revision No. 1 - September 17, 1999
Revision No. 2 - December 13, 1999
SECTION 5: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this :;VA' ay of '1999.
PASSED, SECOND READING this /,7, day of , 2000.
F
JOE SCHREIBER
MAYOR
ATTEST:
CAROL GOLD, MC/AAE
CITY CLERK RECORD OF COMMISSION
MAYOR SCHREIBER
I HEREBY CERTIFY that I DIST 1: COMM. PARTNER
have approved this DIST 2: V/M MISHKIN
ONIIIANCE as to for . DIST 3: ^ COMM. SULTANOF
A _ - ) DIST 4: COMM. ROBERTS
IITCHWLL S.
CITY ATTOF
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COMPREHENSIVE PLAN
PROPOSED TEXT AMENDMENTS
(SITING AND COLLOCATION OF PUBLIC SCHOOLS)
FUTURE LAND USE ELEMENT
Obiective 20 The City of Tamarac recognizes the over-riding need for the provision of
public school facilities equipped to support the existing and future
student population and their educational needs, and is committed to
working with the Broward County School Board in locating appropriate
sites to accommodate these new facilities.
Policy 20.1 The City shall utilize the following guidelines for land areas designated
for individual school facilities, as identified by the School Board of
Broward County:
• Elementary school
Student Capacity: 995
Site Size: 12 Acres
Dimensions (Feet): 720 x 720
• Elementary Schools generally serve a neighborhood or a small group
of neighborhoods where students have a short distance to walk.
Land uses should be predominantly residential with housing types
and densities to meet the school's enrollment capacity. Playgrounds
can be collocated with elementary schools. In higher density areas,
neighborhood parks with elderly facilities, neighborhood recreation
centers, and library branches can be included.
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• Middle school
Student Capacity: 1,719
Site Size: 20 Acres
Dimensions (Feet): 1,250 (front) x 730 (depth)
Middle schools have a community orientation, and a limited mix of
commercial and residential uses nearby is acceptable. Community
parks, athletic fields, community centers, and libraries are
appropriate for collocation.
TEMP ORD #1866 EXHIBIT "A"
Comprehensive Plan Text Amendments
Public Schools Siting and Collocation
Page 2
• High school
Student Caacrtr' �x77 '
Site P W45 Acre Y a:.
srmenir�, au,1.xQ0 (fr'o,frt} x 1',500 (depth},'y
High schools should be buffered from residential areas. The campus
should be large enough to encourage students to remain onsite and
to ensure sufficient parking and traffic controls to avoid disruptive
offsite parking and dangerous driving situations on neighborhood
roads. Collocated public facilities can include community centers,
community or district parks, athletic fields, and libraries.
Policy 20.2 In order to provide as many siting opportunities for locating new schools
as possible, and recognizing public schools as an important community
commodity, public schools shall be consistent with the following land use
categories:
• Low (0-5) Residential
• Low Medium (5-10) Residential
• Medium (10-16) Residential
• Medium High (16-21) Residential
• Commercial
• Community Facilities
• Industrial
The City consists of approximately 7,142 total acres, of which 5,481
acres (78 percent) will have a future land use designation that allows
public schools upon adoption of the school siting and collocation Future
Land Use Element amendment. Given that approximately 78 percent of
all lands within Tamarac have future land use designations that permit
public schools, it is reasonable to assume that future land use
designations will not be an impediment in location and development of
new public school sites.
Policy_20.3 The City of Tamarac, in its effort to assist in providing suitable locations
for new public schools, shall encourage collocation of new schools with
existing and new public facilities, including libraries, parks, and
community centers. The following criteria shall be used in selecting
appropriate sites:
• Availability of vacant land and adjacent land use patterns;
• Demographics;
• Applicable health, safety, and welfare issues impacting the proposed
site(s) (i.e., contaminated sites, wellfield protection);
Comprehensive Plan Text Amendments
Public Schools Siting and Collocation
Page 3
• Level of service standards for existing infrastructure and necessary
upgrades to accommodate new educational facility; and,
• Proximity to existing residential neighborhoods and mass transit.
Policy 20.4 Any proposed collocation of new schools and public facilities shall be
compatible with surrounding land development patterns, and shall be an
enhancement to the community as a whole.
Policy 20.5 In assessing its Capital Improvement Plan and project funding schedule,
the City shall give consideration to collocation of proposed community
facilities with public schools.
Policy 0.6 The City shall incorporate provisions in its Land Development Code to
require new residential and non-residential development adjacent to
educational facilities to install features which will enhance compatibility,
including but not limited to walls, solid hedges or increased building
setbacks.
Poliicy_20.7 The City shall incorporate provisions in its Land Development Code to
encourage provision of safe pedestrian and bicycle access to public
schools.
• Policy 20.8 The City shall encourage siting of new public schools in locations with
convenient access to mass transit.
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0 FLORIDA MUNICIPAL INSURANCE TRUST
TWO YEAR PREMIUM GUARANTEE AGREEMENT
October 1, 1999 — September 30, 2001
THIS AGREEMENT, made and entered into this 1' day of October, 1999 by and
between the City of Tamarac (FMIT 584), (hereinafter referred to as the "Member") and the
Florida Municipal Insurance Trust (hereinafter referred to as the "FMIT").
WHEREAS, the FMIT has determined it is in the best interest of the FMIT to offer the
Member a Two Year Premium Guarantee Plan, and
WHEREAS, the Member has determined it is in the best interest of the Member to utilize
• the Two Year Premium Guarantee Plan.
NOW, THEREFORE, for and in consideration of the mutual covenants, promises and
obligations herein contained which are given to and accepted by each party hereof to the other,
the parties to this instrument covenant, stipulate and agree as follows:
1. As used herein, the following words and phrases shall have the following meanings:
a. "Coverage Period" means the period as shown on the Declarations of the FMIT
Agreement.
0 b. "Premium Guarantee" means that the annual net premium billed the Member for
the coverage period will not be subject to adjustment from exposure audit, change
. in experience modifications, annual rate review and rate change by the FMIT or to
change in approved participation credits.
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C. "Gross Premium" means the annual gross premium as shown on the Declarations
of the FMIT Agreement for the coverage period.
d. "Participation Credit" means equity credits, dividends, incentive credits, premium
credits, and any other participation credit approved by the FMIT, and is the
annual credit shown on the Declarations of the FMIT Agreement for the coverage
period.
e. "Net Premium" means the annual net premium as shown on the Declarations of
the FMIT Agreement for the coverage period.
f. "Experience Modifications" mean the factors used by the FMIT in adjusting base
gross premium due to a Member's loss experience for workers' compensation,
general liability (including law enforcement and public officials errors and
omissions), automobile liability and automobile physical damage.
g. "Exposure Audit" means audits conducted by the FMIT to assure exposure
information provided by the Member accurately reflects actual exposures
assumed by the FMIT, which audits can result in premium adjustments to the
Member under the terms of the Indemnity Agreement.
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h. "Rates" mean the annual renewal rates approved by the FMIT for the FMIT's
property and casualty coverages and used for calculation of the Member's gross
premiums.
i. "Exposures" mean the basis on which the FMIT rates are applied to develop gross
premiums including but not limited to payroll, job classifications, population, law
enforcement officers, vehicles, real and personal properties, and other
miscellaneous exposures.
j. "Indemnity Agreement" means the FMIT's Indemnity Agreement, the
Participation Agreement entered into between the FMIT and the member, and any
other agreement, certificate document, or other instrument executed by the
Member and the FMIT.
2. Subject to the terms and conditions contained in this Agreement, the Member and the
FMIT agree Member's Premium Guarantee during the coverage period shall be the net
premium shown on the Declarations of the FMIT Agreement.
3. The Member agrees that it will assist the FMIT by timely providing the FMIT with
updated information projecting the FMIT's exposure for the October 1, 1999 fiscal year
and with any other exposure information the FMIT in good faith believes might have a
material impact on the exposures to be assumed by the FMIT over the coverage period.
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4. The FMIT agrees that coverage provided herein will not be canceled or non -renewed by
the FMIT during the coverage period except for non-payment of premium by the
Member.
5. The member agrees that coverage accepted herein will not be canceled or non -renewed
by the Member during the coverage period.
6. If, during the coverage period, the member cancels or non -renews the coverage or if
coverage is canceled by the FMIT for non-payment of premium, the member shall be
liable for liquidated damages for breach of this Agreement, calculated at ten percent
(10%) of the net premium unearned by the FMIT for the coverage period, plus any
• additional premium that, but for this Agreement, would otherwise have been due and
owing the FMIT as a result of exposure audits under the Indemnity Agreement. This
provision for liquidated damages is agreed upon between the parties due to the inability
of computing the loss of value to the FMIT of the unexpired portion of the Member's
coverage period under this Agreement.
7. In the event the Member fails to pay monies due and owing hereunder, the FMIT shall be
entitled to recover from the Member all costs and expenses incurred by the FMIT in
collecting any such monies, including reasonable attorney's fees, costs, prejudgment
interest, and any other reasonable and related expenses of collection.
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C:
S. In the event of conflict, the provisions of this Agreement shall prevail over any
provisions contained in the Indemnity Agreement. Provisions of the Indemnity
Agreement not in conflict with the provisions of this Agreement shall remain in full force
and effect.
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IN WITNESS WHEREON, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, through it Mayor, and
FLORIDA MUNICIPAL INSURNCE TRUST, signing by and through,
ATTEST:
Carol Gold, City Clerk
Date: 111, -16--D
ATTEST:
Corporate Secretary
duly authorized to execute same.
CITY F T C�/
Joe, Schreiber, Mayor
Date: /M"
JePKAIW, City Manager
Date: / 6-V
rov �b7andd 1 gal
u:fitcie cy j
S. Kraft, City Attorney
FLORIDA MUNICIPAL
INSURANCE TRUST
By:
Byron Beard, Underwriting
Manager
Type name of Corporate Secretary Type/Print Name of Underwriting Manager
Date:
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