Miami-Dade Legislative Item
File Number: 050647
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File Number: 050647 File Type: Resolution Status: Adopted
Version: 0 Reference: R-412-05 Control: Infrastructure and Land Use Committee
File Name: EDUCATIONAL FACILITIES BENEFIT DISTRICTS Introduced: 3/7/2005
Requester: NONE Cost: Final Action: 4/5/2005
Agenda Date: 4/5/2005 Agenda Item Number: 11A17
Notes: Title: RESOLUTION REQUIRING ALL REAL PROPERTY LOCATED WITHIN EDUCATIONAL FACILITIES BENEFIT DISTRICTS ESTABLISHED IN MIAMI-DADE COUNTY AND OWNED BY APPLICANT TO BE SUBJECT TO DECLARATION OF RESTRICTIVE COVENANT; AUTHORIZING COUNTY MANAGER TO APPROVE FORM OF DECLARATION OF RESTRICTIVE COVENANT FROM TIME TO TIME; AND REQUIRING THAT EACH APPLICANT SUBMIT DECLARATION OF RESTRICTIVE COVENANT WITH APPLICATION REQUESTING APPROVAL FOR ESTABLISHMENT OF AN EDUCATIONAL FACILITIES BENEFIT DISTRICT [SEE ORIGINAL ITEM UNDER FILE NO. 050204]
Indexes: EDUCATIONAL FACILITIES BENEFIT DISTRICT
Sponsors: Joe A. Martinez, Prime Sponsor
  Dr. Barbara Carey-Shuler, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/5/2005 11A17 Adopted P

Infrastructure and Land Use Committee 3/8/2005 3L SUB Forwarded to BCC with a favorable recommendation P
REPORT: Chairwoman Seijas opened the public hearing. There being no one to appear in connection with this matter, the public hearing was closed. Commissioner Carey-Shuler asked that she be listed as a cosponsor of the foregoing proposed resolution.

County Manager 3/7/2005 Additions

County Attorney 3/7/2005 Referred Infrastructure and Land Use Committee 3/8/2005

County Attorney 3/7/2005 Assigned Gerald T. Heffernan 3/7/2005

Legislative Text


TITLE
RESOLUTION REQUIRING ALL REAL PROPERTY LOCATED WITHIN EDUCATIONAL FACILITIES BENEFIT DISTRICTS ESTABLISHED IN MIAMI-DADE COUNTY AND OWNED BY APPLICANT TO BE SUBJECT TO DECLARATION OF RESTRICTIVE COVENANT; AUTHORIZING COUNTY MANAGER TO APPROVE FORM OF DECLARATION OF RESTRICTIVE COVENANT FROM TIME TO TIME; AND REQUIRING THAT EACH APPLICANT SUBMIT DECLARATION OF RESTRICTIVE COVENANT WITH APPLICATION REQUESTING APPROVAL FOR ESTABLISHMENT OF AN EDUCATIONAL FACILITIES BENEFIT DISTRICT

BODY
WHEREAS, this Board has the authority to consider applications for, and approve the establishment of, educational facilities benefit districts within the boundaries of Miami-Dade County ("County") pursuant to Sections 1013.355-1013.365, Florida Statutes ("Act"); Section 1.01 (A) (21) of the County's Home Rule Charter; Chapter 189, Florida Statutes; and Section 11 of Article VIII of the Florida Constitution; and
WHEREAS, this Board recognizes that there is a need to provide adequate and full disclosure about educational facilities benefit districts, including assessments, to all potential purchasers of real property owned by the applicant/developer located within an educational facilities benefit district prior to the execution of a purchase contract and the final sale of the real property; and
WHEREAS, the Board wishes to require, as a matter of policy in order to provide adequate and full disclosure to the public, that all real property owned by the applicant/developer located within an educational facilities benefit district established in the County be subject to a declaration of restrictive covenant in the form approved by the County Manager, from time to time, after consultation with the County Attorney's office ("Declaration of Restrictive Covenant"); and
WHEREAS, it is also the desire of this Board that each applicant/developer submit such Declaration of Restrictive Covenant to the Board with its application requesting approval for the establishment of an educational facilities benefit district,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that all real property owned by an applicant/developer located within an educational facilities benefit district established within the boundaries of the County shall be subject to a Declaration of Restrictive Covenant and that each applicant shall submit such Declaration of Restrictive Covenant to the Board with its application requesting approval for the establishment of an educational facilities benefit district.



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