Miami-Dade Legislative Item
File Number: 112269
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File Number: 112269 File Type: Ordinance Status: In Committee
Version: 0 Reference: 11-94 Control: Board of County Commissioners
File Name: GRANT PETITION OF FONTAINBLEAU CDD Introduced: 10/25/2011
Requester: NONE Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 5A
Notes: Title: ORDINANCE GRANTING PETITION OF FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT TO CONTRACT ITS BOUNDARIES ESTABLISHED BY ORDINANCE NO. 06-135; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND EFFECTIVE DATE
Indexes: COMMUNITY DEVELOPMENT DISTRICT
Sponsors: Sen. Javier D. Souto, Prime 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 12/6/2011 5A Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Chairman Martinez opened the public hearing for persons wishing to be heard in connection with this ordinance. He closed the public hearing after no one appeared wishing to speak. Hearing no comments or questions, the Board proceeded to vote on this ordinance as presented.

Board of County Commissioners 11/3/2011 Public hearing and Second Reading Rescheduled to 12/6/2011 12/6/2011

Board of County Commissioners 11/3/2011 Tentatively scheduled for a public hearing Infrastructure and Land Use Committee 12/14/2011

Board of County Commissioners 11/3/2011 4G Adopted on first reading 12/6/2011 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance. On November 3, 2011, the Board amended Agenda Item 15B1, the proposed public hearing dates submitted for approval to change the public hearing date originally set for this proposed ordinance from the December 14, 2011 Infrastructure and Land Use Committee meeting to the December 6, 2011 County Commission meeting.

County Attorney 10/25/2011 Assigned Gerald T. Heffernan

Legislative Text


TITLE
ORDINANCE GRANTING PETITION OF FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT TO CONTRACT ITS BOUNDARIES ESTABLISHED BY ORDINANCE NO. 06-135; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND EFFECTIVE DATE

BODY

WHEREAS, the Florida Legislature created and amended Chapter 190, Florida Statutes, to provide an alternative method to finance and manage basic services for community development; and
WHEREAS, Section 1.01(A)(21) of the Miami-Dade County Home Rule Charter grants the Miami-Dade County Board of County Commissioners the authority to exercise all powers and privileges granted to municipalities and counties by the laws of this State; and
WHEREAS, Article VIII, Section 6(1) of the Florida Constitution provides for exclusive County Charter authority to establish all governmental units within Miami-Dade County and to provide for their government and prescribe their jurisdiction and powers; and
WHEREAS, at its meeting of September 26, 2006, the Board of County Commissioners of Miami-Dade County adopted Ordinance No. 06-135, establishing the Fontainbleau Lakes Community Development District (“District” or “Petitioner”) and providing for specific boundaries of the District; and
WHEREAS, pursuant to Section 190.046, Florida Statutes, the District may petition and the Board of County Commissioners has the authority to terminate, contract and expand the boundaries of a community development district within its jurisdiction; and

WHEREAS, a public hearing has been conducted by the Miami-Dade County Board of County Commissioners in accordance with the requirements and procedures of Sections 190.005(2)(b) and 190.046(1), Florida Statutes, and the applicable requirements and procedures of the Miami-Dade County Home Rule Charter and Code; and
WHEREAS, the Board of County Commissioners finds that the statements contained in the Petition to Contract the District Boundaries are true and correct; and
WHEREAS, the alteration of the District boundaries is not inconsistent with any applicable element or portion of the State comprehensive plan or the Miami-Dade County Comprehensive Development Master Plan; and
WHEREAS, the area of land remaining within the District’s amended external boundary is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community and the area of land being removed from the District boundaries does not impact such functionality; and
WHEREAS, the contraction of the District will not impact the delivery of community development facilities and services to the area that will be served by the contracted District; and
WHEREAS, the proposed facilities and services to be provided by the District within the contracted area will be compatible with the capacity and uses of existing local and regional community development facilities and services; and
WHEREAS, the owner of the property that is to be developed and served by the community development services and facilities to be provided by the District has submitted an executed declaration of restrictive covenants pledging among other things to provide initial purchasers of individual residential units with notice of liens and assessments applicable to such

parcels, with certain remedial rights vesting in the purchasers of such parcels if such notice is not provided in a timely and accurate manner and contained in such covenants is a provision releasing that portion of lands to be removed from the District from the obligations of the aforesaid restrictive covenants; and
WHEREAS, having made the foregoing findings, after a public hearing, the Miami-Dade County Board of County Commissioners wishes to exercise the powers bestowed upon it by Section 1.01(A)(21) of the Miami-Dade County Home Rule Charter in the manner provided by Chapter 190, Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA THAT:
Section 1. The foregoing findings are adopted and made a part of this ordinance.
Section 2. The Petition to Contract the Boundaries of the Fontainbleau Lakes Community Development District to remove the real property described in such Petition filed by the District on October 31, 2011, and on file at the Office of the Clerk of the Board, is granted. A copy of the Petition is attached and incorporated in this ordinance as Exhibit “A”.
Section 3. The contracted external boundaries of the District are sufficiently contiguous, are depicted on the location map attached to and incorporated in this ordinance as Exhibit “B” and are legally described in the Petition.
Section 4. The current members of the Board of Supervisors shall be as follows:
Marta A. Cruz
Raquel Priscila Chong
Jennifer Ortiz
Lydia Cabrera
Orestes Lopez-Recio


Section 5. The name of the contracted District shall remain “Fontainbleau Lakes Community Development District.”
Section 6. Notwithstanding any power granted to the Fontainbleau Lakes Community Development District pursuant to this Ordinance or Ordinance No. 06-135, neither the District nor any real or personal property or revenue in the district shall, solely by reason of the District's creation and existence, be exempted from any requirement for the payment of any and all rates, fees, charges, permitting fees, impact fees, connection fees, or similar County rates, fees or charges, or special taxing districts special assessments which are required by law, ordinance or County rule or regulation to be imposed within or upon any local government within the County.
Section 7. Except to alter the boundaries of the District as provided herein, this Ordinance does not affect, amend or modify Ordinance No. 06-135.
Section 8. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 9. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall be excluded from the Code of Miami-Dade County.
Section 10. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



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