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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 Page 1 of 11 CODING: Words s#iskefl are deletions; words underlined are additions. REP RES ENTATIVES 2003 r-I L-A • Exhibit 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 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 Page 2 of 11 CODING: Words g4akea are deletions; words underlined are additions. F L O R I D A 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 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. Page 3 of 11 CODING: Words r4dcke0 are deletions; words underlined are additions. 2003 • X 1 1 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, Page 4 of 11 CODING: Words s# Aan are deletions; words underlined are additons. F L 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 122 the Woodlands Independent District and shall be elected at 123 large. The initial governing board shall remain in their 124 res ective offices until the election of their successors. 125 (3) Subseg2ent election of the members of the governing 126 board of the Woodlands independent District shall coincide with 127 the date of the Tamarac City Commission scheduled for 2006 with 12e the elections and qualifications as provided in subsection_ill . 129 Each member of the governing board shall be elected for a 3-year 130 term thereafter to coincide with the date of the Tamarac 131 municipal election scheduled. _ 132 (4) Any member of the governing board may be removed_bya 133 majority vote of the board for misfeasance malfeasance, or 134 neglect of duty. 135 (5) Any vacancy in the membership of the governing board 136 resulting from the death, resignation, or removal of any such 137 board member or from any other cause shall be filled for the 138 remainder of the term by election within 30 days after the 139 occurrence of such vacancy. However, in the event that the 140 remaining term is 60 days or less, the vacancy shall be filled 141 by election to coincide with the next Tamarac munici2aal 142 election. 143 Section 5. The governing board of the Woodlands 144 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 147 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, 150 lease as lessor or lessee construct maintain, improve, Page 5 of 11 CODING: Words stricken are deletions; words underlined are additions, 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. Page 6 of 11 CODING: Words stdske are deletions; words underlined are additions. F L O R I D A H O U S E 181 182 183 184 185 186 187 188 189 190 191 192. 193 194 195 196 197 198 199 200 201 202 203 204 205 206 20i 20E 205 21( 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 Page 7 of 11 CODING: Words &GkeR are deletions; words underlined are additions. ,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. Page 8 of 11 CODING: Words sfriokee are deletions; words underlined are additions. I 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 240 241 Department of Community Affairs. (17) To issue revenue bonds ursuant to section 189.4085 242 243 Florida Statutes and otherwise by general law to 2!'-Y for 244 capital improvements necessary to meet the purpose of the 245 District . 246 (18) To issue refumding bonds ursuant to section 247 189.4085, Florida Statutes, and otherwise by general law to 248 refund any bonds then outstanding which shall have been issued 249 under_ the provisions of this act. 250 (19) The District shall not be empowered or authorized in 251 any manner to create a debt as against the state, county, or an 252 or all of the cities and may not pledge the full faith and 253 credit of the state county, or any of the cities. All revenue 254 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 258 taxincr power of the state or of any political subdivision 259 thereof is pledged to the payment of the principal of or the 260 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, 263 in which the District is located to levy or pledge any_form of 264 taxation whatever therefor or to make any appropriation for 265 their payMent. 266 (20) To provide for fiscal management and budget 267 '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. Page 9 of 11 CODING: Words sWskep are deletions; words underlined are additions. 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 Page loaf 11 CODING: Words stricken are deletions; words underlined are additions. 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 300 301 302 303 304 305 306 307 308 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. Page 11 of 11 CODING: Words strickan are deletions; words underlined are additions. C, • 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 CODING: Words in StFU& thmugli type are deletions; Words in underscored type are additions. 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, CENTURY PLAZA 201 SOUTH MONROE STREET BANK OF AMERICA PLAZA 135 WEST CENTRAL BLvD SUITE 500 101 EAST KENNEDY BLVD � SUITE 2100 SInTE 700 TALLAHASSEE, FLORmA 32301 ORLANDO, FLORIDA 32801 TELEPHONE: (850) 222-8611 TAWAY FLORIDA 33602 TELEPHONE: (407) 426-7001 FACSIMILE: (850) 222-8969 TELEPHONE: (813) 273-6677 FACSIMILE: (407) 426-7262 FACSIMILE: (813) 223-2705 MIAMI-DADS ATLANTA GABLES EXECUTIVE CENTER PLEASE REPLY TO: 430 MARGATE 2655 LE JEuNE ROAD ATLANTA, GEORGIA 30328 SME 511 TELEPHONE: (770) 399-7700 CORAL GABLES, FLOREDA 33134 MICHAEL S. DAMS FACSEMILE: (770) 399-6462 TELEPHONE: (305) 779-3057 TAMPA OFFICE FACSWILE: (305) 779-3058 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 C:\Documents and Settings\whitneyn\Local Settings\Temporary Internet Niles\OLK9E4\M.Kraft.(MSD).Woodlands 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 C:\Documents and Settings\whitneyn\Local Settings\Temporary Internet Files\OLK9E4\M.Kraft.(MSD).Woodlands Independent Special District. 03_27_03v42.doe