HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-069u
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Temp. Reso. #10096
February 20, 2003
Revision #1 March 19, 2003
Revision #2 March 21, 2003
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003-69
A RESOLUTIO
CITY OF
CONSISTENT
189.404(2)(e)4,
INDEPENDENT
KNOWN AS
N
OF THE CITY COMMISSION OF THE
TAMARAC, FLORIDA, STATING,
WITH FLORIDA STATUTE
THAT THE CREATION OF AN
NEIGHBORHOOD DISTRICT TO BE
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
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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.
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Temp. Reso. #10096
February 20, 2003
Revision #1 March 19, 2003
Revision #2 March 21, 2003
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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 31't day of March, 2003.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
ITCHELL S. K
CITY ATTOW
E SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
NAY
DIST 1:
COMM. PORTNER
AYE
DIST 2:
COMM. FLANSBAUM-TALABISCO
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4:
V/M ROBERTS
NAY
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HB 1569
2003
A bill to be entitled
An act relating to Broward County; creating the Woodlands
Independent District within the City of Tamarac; providing
for boundaries; providing for the purpose and authority of
the district; providing for powers, functions, and duties
of the district relating to taxation, bonds, revenue
raising capabilities, budget, liens, special assessments,
non -ad valorem assessments, and contractual agreements;
providing for election, organization, powers, duties, and
compensation of the governing board of the district;
providing for applicable financial notice and disclosure
governing the district; providing for the issuance of
bonds; providing for district elections; providing for
methods of financing the district; providing for powers
and duties as granted to neighborhood improvement
districts; providing for powers to establish maintenance,
security, aesthetic, and architectural standards within
the district; providing for powers over streets and ways
within the district; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. There is hereby created in Broward Count
within the Cit of Tamarac, an inde endent s ecial district to
be known by the o ular name "the Woodlands Independent
District " hereinafter ref eired to as the District. The creation
of the Woodlands Inde endent District is the best alternative as
this District would 2rovide for enforceable standards which
would comport with those ex ired deed restrictions and covenants
upon which the community of the Woodlands was originally
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F L 0 R I D A H 0 U S E O F R E P R E S E N T A T I V E S
2003
HB 1669
31 constituted. The standards would exceed those of the
32 munici alit in which it resides and would allow the Woodlands
33 to ensure that the communit , through its own elected officials
34 is in control of its a earance and standards. Furtherthe
35 District would have such powers as are afforded to neighborhood
36 im rovement districts thereby ensuring that the Woodlands
37 commu--ity would continue to retain aesthetic a earance and
38 pro ertY value.
39 Section 2. The purpose of the District shall be to
40 maintain the appearance, aeathetics and architectural standards
41 of all private property within the District. The District shall
42 further ensure that the general appearance of all homes and
43 structures is kept at a standard rovided b restrictions and
44 covenants originally intended. The District shall have
45 additional powers as generally ood
46 improvement districts.
47 Section 3. The boundaries of the Woodlands Independent
4a District are as follows:
49 A parcel of land in Section 14 To inship 49 South
50 Ra _nc a 41 East bein more articu1arl described as
51 f o11--ow
52 SUBDISTRICT I
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 together with•
56 THE WOODLANDS SECTION iONE- PHASE TWO, as recorded in
57 Plat Book 67 •Page 23 of the Public Records of
58 Broward County, Florida to ether with;
S9 SUBDISTRICT 2
60 THE WOODLANDS SECTION TWO - PHASE ONE, as recorded in
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HB 1569
Plat Book 66 Page 23 of the Public Records of
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Broward County, Florida together with;
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SUBDISTRICT 3
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THE WOODLANDS THIRD SECTION as recorded in Plat Book
66 Pa a 24 of the Public Records of Broward Count
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Florida, together with
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SUBDISTRICT 4
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THE WOODLANDS SECTION FOUR as recorded in Plat Book
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66 Page 25 of the Public Records of Broward Count
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Florida, together with
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THE WOODLANDS COUNTRY CLUB as recorded in Plat Book
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67 Page 30 of the Public Records of Broward Count
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Florida, together withL
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SUBDISTRICT .5
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THE WOODLANDS SECTION FIVE as recorded in Plat Book
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67 Pa a 43 of the Public Records of Broward Count
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Florida.
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SUBDISTRICT 6
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THE WOODLANDS SECTION SIX as recorded in Plat Book
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67, Page 40, of the Public Records of Broward County,
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Florida together with;
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SUBDISTRICT 7
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THE WOODLANDSr SECTION SEVEN as recorded in Plat Book
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67, Page 41, of the Public Records of Broward County,
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Florida together with•
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SUBDISTRICT 6
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THE WOODLANDS, SECTION EIGHT, as recorded in Plat Book
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67, Page 42, of the Public Records of Broward County,
a
Florida,
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HB 1569
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92 section 4. subsequent to March 191 2004 the qovernina
93 board of the Woodlands Independent District shall be co osed of
94 nine members who shall be qualified voters of the state and
95 residents within the boundaryof the District.
96 (1) The initial governinS >ogy of the Woodlands
97 Ind e'kin nAnn t District shall be com osed of nine members
99 cons istin of the resident of each of the Woodlands Homeowners
99 Associations sections 1-8 as described in section 3 of this
100 act along with the president of the Woodlands Homeowners
1o1 Association board of directors I ollowinS 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 ado t a
3.04 resolution authorizinq imposition of a non -ad valorem special
105 assessment for all private properties within the woodlands
106 Inde endent District and to complyc2mply with all other provisions of
107 section 197.3632(3)(a), Florida statutes.
108 (2 The members of the board of the Woodlands -Independent
109 District shall be elected at a s ecial election to be called b
110 Broward county on March 9 2004 in accordance with the
111 provisions for elections contained in chapter 189 Florida
112 Statutes and the Florida Election Code except as provided
113 herein. The individual receiving the qreatest number of votes
114 of voters,who reside in each of the ei ht subdistricts in the
11s Woodlands Independent District and are Valified voters of the
116 state votingin the election from amongthe candidates residin
117 within each subdistrict who have gRalified for election 60 da s
11e 2rior to the election shall be elected to the governing board
119 from said subdistrict. A ninth member of the board shall be
12o elected in the same manner as the previous eight board members,
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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 0
47 H8 1569
2003
121 except that a candidate ma alifL by. residin anywhere within
122 the Woodlands :Independent District and shall be elected at
123 tarrning board shall remain in their
124 respective offices until the election of their successors.
125 (3) Subsecruent 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
128 the elections and alifications as Drovided in subsection (1).
129 Each member of the governinS 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) An member of the overnin board may be removedJ?y a
133 majority vote of the board for misfeasance malfeasance or
134 neglect of duty.
135 . (5) Any vacancy in the membership of the governiAgboard
136 resulting from the death, resination, 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 municipal
142 elec ion'
143 Section 5. The qovernin.2 board of the Woodlands
144 Independent District shall have the following powers'commencing
145 on March 20 2004:
146 (1) To enter into contiracts andtagreements and sue and be
147 sued as a body corporate.
148 (2) To have and use a corporate seal.
149 (3 ) To acquire, own, conyeyv or otherwise dispose of,
150 lease as lessor or lessee, construct, maintain, improvej
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MB 1569
lsl enla1569 -raise relocate operate, and mana aproperty-and
152 facilities of whatever type to which it holds an aPRropriate
153 interest and cirant and acquire licenses easements and o tions
154 with res ect thereto.
155 4 To acre t rants and donations of any type of
156 pr22erty, labor, or other thing of value from any public or
157 Private source.
158 (5) To have exclusive control of funds legally available
159 to it, subject to limitations imposed by law or by any agreement
160 validl enter into b it.
161 (6) To hire and em la full-time and art -time personnel
162 and Provide benefits therefor.
163 _ (7) To cooperate and contract with governmental a encies
164 or other ublic bodies.
165 (8) TO contract for services of.planning consultants
166 a erts on crime prevention through community olicin
167 innovations environmental desi n environmental security,or
168 defensible s ace or other experts in areas pertaining to the
169 o erincr board of the District.
170 (9) To contract with the county or municipal overnment
171 for tannin assistance and for increased levels of law
172 enforcement 32rotection, code enforcement and securityL
173 includin ersannel to rovide any functions necessary for the
174 accom lishment of its urposes. The Woodlands inde endent
175 District shall be res onsible for all costs and expenses
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 trans ortatian facilities in the District with the prior
180 a roval of the City of Tamarac.
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HB 1569 .
let (11) To undertake innovative approaches to securin
182 nei hborhoods from crime, blight, and failure to maintain
183 pro erty to community standards .
184 (12) To provide for crime prevention through community
185 Rolicin innovations environmental design, environmental
186 securit and defensible s ace.
187 (13) To adopt proRerty maintenance aesthetic and
188 architectural standards more stringent than those ado ted b
leg ordinance of the City of Tamarac within the boundaries of the
190 Woodlands Independent District.
191 a) Said standards shall be set only by adoption of a
192 resolution of the board after two public hearings as provided
193 for in section 166.041(3) (c) , Florida Statutes except that an
194 reference in said section of Florida Statutes to the ordinances
195 of a municipality shall also relate to the resolution of the
196 Woodlands Independent District.
197 (b) Every resolution, upon its final passage, shall be
198 recorded in a book kept for that purposeand shall be si ned b
199 the presiding officer of the District and by the clerk of same.
zoo (c) Each regulation adopted by the Woodlands Independent
201 District shall be filed with the Clerk of the Woodlands
202 Inde endent District and the City Clerk of the City of Tamarac.
203 d Each regulation shall be printed and codified from
204 time to time and available at each meetin of the Soverning
205 board of the Woodlands Inde endent District.
206 a Once enacted, each resolution shall be an enforceable
207 regulation as to private property within the Woodlands
208 Inde endent District. Each violation of.a standard ado ted b
209 the Woodlands Independent District may be enforced L)y the
210 District either through civil injunction or as a code violation
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FIB 1569
211 enforceable b the Cit of Tamarac purSUant to Rart I of chapter
212 162 Florida statutes.
213 1. The Woodlands Inds endent District shall be entitled to
214 recover all court costs and attorne 's fees in any successful
215 action brou ht to en'oin a violation of a standard adopted
216 pursuant to this subsection.
217 2. For u oses of enforcement of the re lations of the
218 Woodlands Inds endent District pursuant to part I of cha ter 162
219 and section 162.03 Florida Statutes, each regulation shall be
220 deemed equal in dignity and stature and carry 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 part I of cha ter 162 Florida
224 Statue-
225 (f) The Woodlands Independent District and the City of
226 Tamarac shall enter into an agreement for enforcement of the
227 Woodlands Independent District standards and regulations
228 purs.1ant 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 re late restrict or
231 monitor traffic by security devices and personnel on public
232 streets within the District. All such actions require the prior
233 approval of the City of Tamarac.
234 (15) To make and collectp special assessments pursuant to
235 sections 197.3632 and 197 3635, Florida Statutes, to pay for
236 improvements to the District enforC ment of enacted standards
237 and reSElations, and reasonable expense --of operating the
238 District, including the payment of expenses included in the
239 District's bud2et_
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HB 1569
(16) Ta be authorized to receive a planning grant from the
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Department of Community Affairs.
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(17) To issue revenue bonds_pursuant to section 189.4085
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Florida Statutes and otherwise by qeneral law to 22y for
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ca ital im rovements necessary to meet the Rurpose of the
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Dist�-.
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(18) TO lssue refuriding bonds pursuant to section
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189.4 085 Florida Statutes and otherwise by general law to
refund an bonds then outstandin which shall have been issued
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under the rovisions of this act.
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(19) The District shall not be empowered or authorized in
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an manner to createa debt as against the state count or an
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or all of the cities and may not pledge the full faith and
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credit of the state county, or any of the cities. All revenue
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bonds or debt obli ations shall contain on the face thereof a
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statement to the effect that the state, county, or any of the
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cities in which the District is located shall not be obli ated
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to a the same and neither the full faith and credit nor the
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taxi n awer of the state or of any Political subdivision
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thereof is pledged to the Payment of the principal of or the
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interest on such bonds. The issuance of revenue or refunding
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bands under the provisions of this act shall not directly,
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indirectly, or contingently obliclate the state, county, or -cZty
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in which the District is located to levy or pledge any form of
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taxation whatever therefor or to make My a ro riation for
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the i LRayment,
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(20) To 2rovide for fiscal management and budget
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preparation as rovided in section 163.5151, Florida Statutes.
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(21) To contract and cooperate with community
organizations pursuant to section 163.523 Florida Statutes.
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270 (22) To apply on behalf of the District and be ell ible to
271 receive tannin rants and technical assistance as a local
272 government neicrhborhood im rovement 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 meeti . ng of the
27e overnin board of the Woodlands Independent District eve
279 second month. The regular meetin s of the governing board shall
280 be conducted at a building located within the geoqraRhic
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 governins
284 board may be called from time to time by the chair, the vice
285 chair, or a majorit 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 repo ting requirements of section
292 189.418, Florida Statutes. The District shall prepare and submit
293 reports, budgets, and audits as 2rovided in sections 189.415 and
294 189.418 Florida Statutes, :except as otherwise provided 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 levv ad valorem taxes.
299 Section 10. The Woodlands independent District shall
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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
conflict.
Section 13. This act shall take effect upon becoming a
law.
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Exhibit B
March 31, 2003
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 City „f TaMaFaG 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 indemnify and hold harmless the City of
Tamarac, its elected officials, agents and employees, from and against any claim or
legal action that may arise from or as a result of said interlocal agreement.
Additionally, the Woodlands Improvement District shall maintain insurance satisfactory
to the City of Tamarac, 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
subject to the paramount authority the City of Tamarac, including, but not limited to
the adoption, amendment or repeal of any ordinance. AII_ 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 an
resident or landowner within the District to seek or obtain relief from any fee, charges
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 complythe
,
applicable standards and ordinances of the City of Tamarac with respect to
comparable property or facilities iR all plaRRiRg mat . The District does not have
the power of a local government to adopt a Chal2ter 163 Comprehensive Plan.
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