Miami-Dade Legislative Item
File Number: 112342
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File Number: 112342 File Type: Ordinance Status: Adopted
Version: 0 Reference: 11-101 Control: County Commission
File Name: LENNAR HOMES LLC ESTABLISHMENT OF COMMUNITY DEVELOPMENT DIS Introduced: 11/3/2011
Requester: NONE Cost: Final Action: 12/19/2011
Agenda Date: 12/19/2011 Agenda Item Number: 5A
Notes: Title: ORDINANCE GRANTING PETITION OF LENNAR HOMES, LLC, FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING INTERLAKEN COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; ACCEPTING PROFFERED DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING SEVERABILITY; EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE
Indexes: COMMUNITY DEVELOPMENT DISTRICT
Sponsors: Joe A. Martinez, Prime Sponsor
  Jose "Pepe" Diaz, Co-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 12/19/2011 5A Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read into the record the title of the foregoing ordinance. Chairman Martinez opened the public hearing; and since there were no comments or objections, the public hearing was closed to allow the Board to vote. . .

Board of County Commissioners 11/15/2011 Tentatively scheduled for a public hearing 12/19/2011

Board of County Commissioners 11/15/2011 4A Adopted on first reading 12/19/2011 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Board of County Commissioners (BCC) on Monday, December 19, 2011 at 9:30 A.M. .

County Attorney 11/3/2011 Assigned Gerald T. Heffernan

Legislative Text


TITLE
ORDINANCE GRANTING PETITION OF LENNAR HOMES, LLC, FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING INTERLAKEN COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; ACCEPTING PROFFERED DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING SEVERABILITY; EXCLUSION FROM THE CODE AND AN 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, Lennar Homes, LLC, (“Petitioner”) has petitioned for the establishment of the Interlaken Community Development District (the “District”); 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 Section 190.005(2)(b), Florida Statutes, and the applicable requirements and procedures of the Miami-Dade County Home Rule Charter and Code; and
WHEREAS, the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area, thereby providing a solution to the County's planning, management and financing needs for delivery of capital infrastructure therein without overburdening the County and its taxpayers; and
WHEREAS, the Board of County Commissioners finds that the statements contained in the Petition are true and correct; and
WHEREAS, the creation of the District 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 within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; and
WHEREAS, the creation of the District is the best alternative available for delivering community development facilities and services to the area that will be served by the District; and
WHEREAS, the proposed facilities and services to be provided by the District will be compatible with the capacity and uses of existing local and regional community development facilities and services; and
WHEREAS, the area that will be served by the District is amenable to separate special-district government; 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
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; and
WHEREAS, the Miami-Dade County Board of County Commissioners finds that the District shall have those general and special powers authorized by Sections 190.011 and 190.012, Florida Statutes, and set forth herein, and that it is in the public interest of all of the citizens of Miami-Dade County that the District have such powers,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, THAT:
Section 1. The foregoing findings are adopted as part of this ordinance.
Section 2. The Petition to establish the Interlaken Community Development District over the real property described in the Petition attached to this ordinance which was filed by Lennar Homes, LLC, a Florida limited liability company, on October 31, 2011 and which Petition is on file at the Office of the Clerk of the Board, is hereby granted. A copy of the Petition is attached to, and incorporated in, this ordinance as Exhibit J.
Section 3. The external boundaries of the District shall be as depicted on the location map attached to, and incorporated in, this ordinance as Exhibit K.
Section 4. The initial members of the Board of Supervisors shall be as follows:
Carolina Herrera
Teresa Baluja
Lizeth C. Franco
Mileidis Alfonso
Mercedes Suarez
Section 5. The name of the District shall be the “Interlaken Community Development District.
Section 6. The Interlaken Community Development District is created for the purposes set forth in Chapter 190, Florida Statutes, pursuant to the authority granted by Section 1.01(A)(21) of the Miami-Dade County Home Rule Charter.
Section 7. Pursuant to Section 190.005 (2) (d), Florida Statutes, the charter for the Interlaken Community Development District shall be Sections 190.006 through 190.041, Florida Statutes.
Section 8. The Miami-Dade County Board of County Commissioners hereby grants to the Interlaken Community Development District all general powers authorized pursuant to Section 190.011, Florida Statutes, and hereby finds that it is in the public interest of all citizens of Miami-Dade County to grant such general powers.
Section 9. The Miami-Dade County Board of County Commissioners hereby grants to the Interlaken Community Development District the special powers authorized pursuant to Section 190.012 (1), Florida Statutes and Sections 190.012 (2) (a) (d) and (f), (except for powers regarding waste disposal), Florida Statutes and Section 190.012 (3), Florida Statutes, and hereby finds that it is in the public interest of all citizens of Miami-Dade County to grant such special powers; provided that the District’s exercise of power under Section 190.012(1)(b), Florida Statutes, pertaining to water, waste water and reuse water services shall be pursuant to that Declaration of Restrictive Covenants submitted to the Board of County Commissioners in connection with the petition.
Section 10. All bonds issued by the Interlaken Community Development District pursuant to the powers granted by this ordinance shall be validated pursuant to Chapter 75, Florida Statutes.
Section 11. No bond, debt or other obligation of the Interlaken Community Development District, nor any default thereon, shall constitute a debt or obligation of MiamiDade County, except upon the express approval and agreement of the Miami-Dade Board of County Commissioners.
Section 12. Notwithstanding any power granted to the Interlaken Community Development District pursuant to this Ordinance, 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 13. Notwithstanding any power granted to the Interlaken Community Development District pursuant to this Ordinance, the District may exercise the power of eminent domain outside the District's existing boundaries only with the prior specific and express approval of the Board of County Commissioners of Miami-Dade County.
Section 14. This Board hereby accepts that Declaration of Restrictive Covenants proffered by the owners of the lands within the jurisdiction of the Interlaken Community Development District, in connection with the petition submitted by Lennar Homes, LLC, and approved herein.
Section 15. 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 16. 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 17. 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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