HomeMy WebLinkAboutCity of Tamarac Ordinance O-2010-014Temp. Ord. #2205
3rd June 9, 2010
Revision 07/14/10
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA CREATING A LOCAL GOVERNMENT
NEIGHBORHOOD IMPROVEMENT DISTRICT PURSUANT TO
SECTION 163.506, F.S., TO BE KNOWN AS THE WOODLANDS
COMMUNITY NEIGHBORHOOD IMPROVEMENT DISTRICT (THE
"DISTRICT") GENERALLY BOUNDED BY COMMERCIAL
BOULEVARD TO THE NORTH, ROCK ISLAND ROAD TO THE
EAST, N.W. 44TH STREET TO THE SOUTH AND N.W. 64TH
AVENUE TO THE WEST, MORE PARTICULARLY DESCRIBED IN
EXHIBIT A; PROVIDING FOR THE AUTHORIZATION TO RECEIVE
GRANTS FROM THE DEPARTMENT OF LEGAL AFFAIRS;
AUTHORIZING THE DISTRICT TO LEVY AN AD VALOREM TAX
ON REAL AND PERSONAL PROPERTY OF UP TO TWO (2) MILLS
ANNUALLY, SUBJECT TO A REFERENDUM; AUTHORIZING THE
USE OF SPECIAL ASSESSMENTS; PROVIDING FOR A BOARD
OF DIRECTORS; ESTABLISHING AN ADVISORY COUNCIL TO
THE BOARD OF DIRECTORS; PROVIDING FOR NOTIFICATION
TO THE DEPARTMENT OF LEGAL AFFAIRS AND THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 13, 2010 the City Commission of the City of Tamarac,
Florida (the "City") adopted Ordinance No. 2010-01, a local planning ordinance,
pursuant to Section 163,504, F.S.; and
WHEREAS, Ordinance No. 2010-01 authorized the creation of a Safe
Neighborhood Improvement District, in general, and specifically authorized the creation
a Local Government Neighborhood Improvement District pursuant to Section 163.506,
F.S.; and
WHEREAS, the City has received requests from the Woodlands Homeowners'
Association (the "HOA") to consider the establishment of a Local Government
Neighborhood Improvement District, and the HOA has indicated that the creation of
such a district is in the best interests of the Woodlands property owners; and
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Temp. Ord. #2205
June 9, 2010
3Revision 07/14/10
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WHEREAS, on April 13, 2010 the City received a formal written request for the
creation of a Local Government Neighborhood Improvement District from the president
of the HOA; and
WHEREAS, the City Commission, based on the recommendations of City Staff
and the request of the HOA, as well as input from property owners within the affected
area, seeks to create a Local Government Neighborhood Improvement District within
the Woodlands community; and
WHEREAS, the proposed Local Government Neighborhood Improvement District
shall be called the "Woodlands Community Neighborhood Improvement District" (the
"District"); and
WHEREAS, the District shall be generally located within the Woodlands
subdivision with a boundary of Commercial Boulevard to the north, Rock Island Road to
the east, N.W. 44th Street to the south and N.W. 64th Avenue to the west as more
particularly described in Exhibit "A", attached hereto, incorporated herein and made a
specific part thereof; and
WHEREAS, upon its creation, the City Commission authorizes the District to
request and to receive a planning grant from the Department of Legal Affairs pursuant
to Section 163.506(1)(d), F.S.; and
WHEREAS, the City Commission further seeks to authorize the District to levy an
ad valorem tax on real and personal property of up to two (2) mills annually, provided,
however, that any such ad valorem taxation by the District shall be strictly subject to
referendum and approval by the property owners within the District; and
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Temp. Ord. #2205
June 9, 2010
3'd Revision 07/14/10
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WHEREAS, the City Commission further authorizes the District to levy special
assessments to support the planning and implementation of District improvements,
subject to a referendum and approval pursuant to Section 163.514, F.S.; and
WHEREAS, in accordance with Section 163.506(1)(e), F.S., the City Commission
seeks to name a board of directors of the District, as more particularly set forth in
Exhibit "B" attached hereto and incorporated herein and made a specific part thereof;
and
WHEREAS, the qualifications and terms of the board of directors of the District
shall be as set forth in Section 163.506(3), F.S.; and
WHEREAS, the City Commission further provides for the establishment of an
advisory council in accordance with Section 163.505(1)(f), F.S.,
WHEREAS, the City Commission directs the Board of Directors of the District to
notify the Department of Legal Affairs and the Department of Community Affairs in
writing of the District's establishment within thirty (30) day thereof, pursuant to Section
163.506(1)(h); and
WHEREAS, the City Commission finds the creation of the Woodlands
Community Neighborhood Improvement District to be in the best interests of the citizens
and residents of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
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3rd Revision 07/14/10
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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 are made a specific part of
this Ordinance.
SECTION 2. The City Commission of the City of Tamarac, Florida hereby
creates a Local Government Neighborhood Improvement District within the Woodland
community pursuant to Section 163.506, F.S., in accordance with and subject to the
following conditions:
1) The Local Government Neighborhood Improvement District created
within the Woodlands community shall be known as the Woodlands
Community Neighborhood Improvement District. The District shall be
generally located within the Woodlands subdivision with a boundary of
Commercial Boulevard to the north, Rock Island Road to the east,
N.W. 44th Street to the south and N.W. 64th Avenue to the west as
more particularly described in Exhibit "A" attached hereto and
incorporated herein.
2) Upon its creation, the District shall be authorized to apply for and
receive a planning grant from the Department of Legal Affairs.
3) The District shall be authorized to levy an ad valorem tax on real and
personal property of up to 2 mills annually, subject to approval by the
majority of property owners within the District voting in a referendum
election.
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Td Revision 07/14/10
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4) The District shall be authorized to utilize special assessments to
support planning and implementation of district improvements pursuant
to the provisions of Section 163.514(16), F.S., including community
policing innovations, subject to approval by the majority of property
owners within the District voting in a referendum election.
5) The City Commission hereby designates a Board of Directors to
govern the District to be comprised of the persons set forth in Exhibit
"B" attached hereto and incorporated herein.
6) The City Commission hereby establishes an advisory council to
serve in an advisory capacity to the Board of Directors.
7) The City Commission acknowledges the powers of neighborhood
improvement districts as set forth in Section 163.516, F.S., and
expressly provides such powers to the District.
8) The City Commission further requires and directs the Board of Directors
to notify the Department of Legal Affairs and the Department of
Community Affairs in writing of the establishment of the District within
thirty (30) days of the adoption of this ordinance, pursuant to Section
163.5055, F.S.
SECTION 3. At the time of the adoption of this Ordinance, the Broward County
Property Appraiser's Office (" BCPA") has made the determination that the City's
authorization for the District to levy an ad valorem tax of up to 2 mills has no impact on
the City's authority to levy up to 10 mills, pursuant to Section 200.081, F.S.
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If the BCPA makes the determination that the District's authority to levy an ad valorem
tax of up to 2 mills does adversely affect the authority of the City to levy up to 10 mills,
then the City Commission, in its sole discretion, shall have the authority to reduce the
District's millage rate in order to preserve its right to levy up to 10 mills pursuant to
Section 200.081, F.S.
SECTION 4. In the event that the District seeks to obtain a loan, or otherwise
incur debt, in furtherance of its duties and objectives, the District shall engage the City
Commission who may, in its sole discretion, offer security for such indebtedness.
Unless otherwise expressly agreed to by a future resolution of the City Commission, in
accordance with Section 189.4045, F.S., the City of Tamarac shall not be responsible
for any indebtedness incurred by the District.
SECTION 5. That the City Clerk shall record a certified copy of this ordinance in
the public records of Broward County.
SECTION 6. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
SECTION 7. Severability. Should any section, provision, paragraph, sentence,
clause of word of this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
SECTION 8. Effective Date. This Ordinance shall become effective upon
adoption.
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Temp. Ord. #2205
June 9, 2010
3rd Revision 07/14/10
Page 7
PASSED, FIRST READING this a?) 4 day of �, 2010.
PASSED, SECOND READING this day of , 2010.
s
BY:
ATTEST: MA R BETH TALABISC
.� i s �
r, �/
r
I HEREBY CERTIFY that
I have approved this
OR INANCE as to form:
I �h .
llyon'V�� 711 4 / a.
SAMUEL GOREN
CITY ATTORNEY
n
RECORD OF COMMISSION VOTE: 1ST Reading
DIST 1:
COMM BUSHNELL
DIST 2:
COMM ATKINS-GRAD
DIST 3.
COMM. GLASSER
DIST 4:
V/M DRESSLER
RECORD OF COMMISSION VOTE: 211° Reading
MAYOR TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: VACANT ---�
DIST 3: COMM. GLASSER
DIST 4: V/M DRESSLER
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Temp. Ord. #2205
June 9, 2010
To Revision 07/14/10
Page 8
FXHIRIT "A"
(1) The Woodlands, Section One --Phase One, as recorded in Plat Book 66, Page 22,
of the Public Records of Broward County, Florida, together with;
(2) The Woodlands, Section One --Phase Two, as recorded in Plat Book 67, Page 23,
of the Public Records of Broward County, Florida, together with;
(3) The Woodlands, Section Two --Phase One, as recorded in Plat Book 66, Page 23,
of the Public Records of Broward County, Florida, together with;
(4) The Woodlands, Section Three, as recorded in Plat Book 66, Page 24, of the
Public Records of Broward County, Florida, together with;
(5) The Woodlands, Section Four, as recorded in Plat Book 66, Page 25;. ofthe Public
Records of Broward County, Florida, together with;
(6) The Woodlands, Section Five, as recorded in Plat Book 67, Page 43jafjhg Public.
Records of Broward County, Florida, together with;
(7) The Woodlands, Section Six, as recorded in Plat Book 67, Page 40, of the Public
Records of Broward County, Florida, together with;
(8) The Woodlands, Section Seven, as recorded in Plat Book 67, Page 41, of the
Public Records of Broward County, Florida, together with;
(9) The Woodlands, Section Eight, as recorded in Plat Book 67, Page 42 of the Public
Records of Broward County, Florida.
(10) North Laurel Circle, as recorded in Plat Book 89, Page 47, of the Public Records
of Broward County, Florida.
AND EXCLUDING:
(1) Woodlands County Club Subdivison, Plat Book 67, Page 30 (Broward County
Public Records); and
(2) Parcel R, Woodlands Section One, Phase One, Plat Book 66, Page 22 (Broward
County Public Records), Parcel R, Woodlands Section Two, Phase One, Plat Book 66,
Page 23 (Broward County Public Records), Parcel R, Woodlands Section Five, Plat
Book 67, Page 43 (Broward County Public Records), Parcel R, Woodlands Section 6,
P.B. 67, Page 40 (Broward County Records), Parcel R, Woodlands Section 7, Plat Book
(3) Fort Lauderdale Truck Farms (14-49-41 4-31 B PT OF Tract 16 Described as, SE
1/4 of SE 1/4 of SE'/a less road rights -of -way and less part described in O.R. 457/1786).
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Ambassador
Community Management, Inc.
7100 West Commercial Blvd. — Suite 107 — Lauderhill, FL 33319
Phone:954-741-8811 Fax:954-741-8051.
www.ambassadormanaument.com l92
July 7, 2010
Jennifer Bramley
City of Tamarac
7525 NW 88" Avenue
Tamarac, FL 33321
Via email: ienniferb(a7tamarac.org
Re: Woodlands Homeowners Association, Inc.
Jennifer:
Below are those that have been selected by the WHOA to be on the District Board.
Mike Jula
Lenny Hixon
Toni Gelman
Randy Scott
Taylor White
Larry Torn
Ed Brown
If you have any questions, please let me know.
Cordiallx,
Steve Culotta, AMS, LCAM
Property Manager