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Home My WebLink AboutCity of Tamarac Ordinance O-2012-019Temp. Ord. 2258 August 22, 2012 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2612- AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA AMENDING ORDINANCE NO. 2010-14 (THE "ORDINANCE"); REAFFIRMING THE CITY OF TAMARAC'S COMMITMENT TO THE WOODLANDS COMMUNITY NEIGHBORHOOD IMPROVEMENT DISTRICT (THE "DISTRICT"} ESTABLISHED PURSUANT TO THE ORDINANCE AND SECTION 163.506, F.S.; SPECIFICALLY AMENDING SECTION 2 OF THE ORDINANCE TO PROVIDE FOR EXPRESSED CONSISTENCY WITH SECTION 163.5069 F.S., AND SECTION 163.514, F.S., AS APPLICABLE; PROVIDING FOR RECORDATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 14, 2010, the City Commission of the City of Tamarac adopted Ordinance No. 2010-14 (the "Ordinance"), thereby creating the Woodlands Community Neighborhood Improvement District (the "District"), a 293.14 +/- acre Local Government Neighborhood Improvement District established pursuant to Section 163.506, F.S.; and WHEREAS, the District satisfies the definition of "Safe Neighborhood Improvement District", as set forth in Section 163.503(1), F.S., and, more specifically, is comprised of an area in which more than seventy-five percent (75%) of the land is used for residential purposes; and WHEREAS, on February 23, 2011, the City Commission was presented with a petition to dissolve the District pursuant to Section 163.506(4); and WHEREAS, the City Commission considered the petition at its regular public meeting on February 23, 2011, and voted to revisit the matter in August 2012; and WHEREAS, the District's governing board remains active and is working to CODING: Words in type are deletions from existing law; Words in underlined type are additions. SSG/JGH 7-6-12 U:1File\Legislation\Draft Legislation Received12012114. 08-22-121TO2258 (Woodlands NID - Amend Ord 2010-14) FINAL.docx pursue a number of improvement initiatives within the District; and WHEREAS, at the request of the District's governing Temp. Ord. 2258 August 22, 2012 Page 2 board, and at the recommendation of the City's professional staff, the City Commission desires reaffirm its commitment to the District and amend the Ordinance to provide for expressed consistency with Section 163.506, F.S., Section 163.514, F.S., and all other applicable Florida law; and WHEREAS, the City Commission finds that reaffirming its commitment to the District and amending the Ordinance, as set forth herein, is 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: 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 reaffirms its commitment to the Woodlands Community Neighborhood Improvement District established pursuant to Ordinance No. 2010-14, adopted on July 14, 2010, and Section 163.506, F.S. SECTION 3. The City Commission of the City of Tamarac, Florida hereby amends Section 2(4) of Ordinance No. 2010-14, as follows: 1) The Local Government Neighborhood Improvement District created within the Woodlands community shall be known as the Woodlands CODING: Words in type are deletions from existing law; Words in underlined type are additions. SSG/JG H 7-6-12 U:1File\Legislation\Draft Legislation Received\2012114. 08-22-121TO2258 (Woodlands NID - Amend Ord 2010-14) FINAL.docx Temp. Ord. 2258 August 22, 2012 Page 3 Community Neighborhood Improvement District. The 293.14 +/- acre 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. 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 •• •• •• •• • • w •• •,111111,1111W MAI • a•• • �_L�.Lil�lisl� till. �_►��"ice iil�I � [�ll=�l� l �I \��1 � 1�� I �1 �+�'L! � � �'�'� � � \�� i l! �! ►�1� l �'��'1� �I �� 1� t�l'I SECTION 4. The City Commission hereby expressly provides that Ordinance No. 2010-14 shall remain in full force and effect except as otherwise specifically amended herein. 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. Sever abi tv. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of CODING: Words in e type are deletions from existing law; Words in underlined type are additions. SSG/JGH 7-6-12 U:1File\Legislation\Draft Legislation Received12012114. 08-22-121TO2258 (Woodlands NID - Amend Ord 2010-14) FINAL.docx Temp. Ord. 2258 August 22, 2012 Page 4 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. adoption. Effective Date. This Ordinance shall become effective PASSED ON FIRST READING BY THE TAMARAC FLORIDA THIS A - DAY OF upon CITY COMMISSION OF THE CITY OF 20120 PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY �;PMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF rnr _ 2012. ATTEST: 'CITY CLERK MAYOR B'ETH TALABISCO RECORD OF COMMISSION VOTE: First Reading MAYOR TALABISCO s DIST 1: COMM. BUSHNELL =yx DIST 2: COMM. GOMEZ DIST 3: VICE MAYOR GLASSER DIST 4: COMM. DRESSLER I HEREBY CERTIFY that have approved this ORDINANCE as to form: RECORD OF COMMISSION VOTE: Second Reading MAYOR TALABISCO 411f,DIST 1: COMM. BUSHNELL S MUEL`S. G EN DIST 2: COMM. GOMEZ CITY ATTORNEY DIST 3: VICE MAYOR GLASSER' DIST 4: COMM. DRESSLER ff - CODING: Words in c+r;ko thFal ightype are deletions from existing law; Words in underlined type are additions. SSG/JGH 7-6-12 U:1File\Legislation\Draft Legislation Received12012114. 08-22-121TO2258 (Woodlands NID - Amend Ord 2010-14) FINAL.docx Temp. Ord. 2258 August 22, 2012 Page 5 EXHIBIT "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, of the Public Records of Broward County, Florida, together with; (6) The Woodlands, Section Five, as recorded in Plat Book 67, Page 43 of the 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 1/a less road rights -of -way and less part described in O.R. 457/1786). CODING: Words in type are deletions from existing law; Words in underlined type are additions. SSG/JGH 7-6-12 U:1File\Legislation\Draft Legislation Received12012114. 08-22-121TO2258 (Woodlands NID - Amend Ord 2010-14) FINAL.docx No Text