Miami-Dade Legislative Item
File Number: 130694
Printable PDF Format Download Adobe Reader  Clerk's Official Copy   

File Number: 130694 File Type: Ordinance Status: Adopted
Version: 0 Reference: 13-59 Control: Board of County Commissioners
File Name: GRANT PETITION OF BELLAGIO LENNAR ESTABLISHMENT OF CDD Introduced: 4/10/2013
Requester: NONE Cost: Final Action: 6/18/2013
Agenda Date: 6/18/2013 Agenda Item Number: 5A
Notes: PH @ BCC Title: ORDINANCE GRANTING PETITION OF BELLAGIO LENNAR, LLC, (''PETITIONER'') FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING BELLAGIO COMMUNITY DEVELOPMENT DISTRICT (''DISTRICT''); PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; ACCEPTING PROFERRED DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING SEVERABILITY; EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE
Indexes: COMMUNITY DEVELOPMENT DISTRICT
Sponsors: Jose "Pepe" Diaz, 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 6/18/2013 5A Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Chairwoman Sosa opened the public hearing and called for persons wishing to be heard in connection with this ordinance. She closed the public hearing after no one appeared wishing to speak. Hearing no comments or questions, the Board members proceeded to vote on this ordinance as presented.

Board of County Commissioners 5/7/2013 Tentatively scheduled for a public hearing Board of County Commissioners 6/18/2013

Board of County Commissioners 5/7/2013 4A Adopted on first reading 6/18/2013 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Board of County Commissioners on June 18, 2013 at 9:30 a.m. During changes to today's (5/7) agenda, a scrivener's error existing in the foregoing ordinance was corrected as follows: Item 4A has been reprinted to include exhibits inadvertently not attached at the time of original printing.

Office of the Chairperson 5/2/2013 Scrivener's Errors 5/7/2013
REPORT: This item has been reprinted to include exhibits inadvertently not attached at the time of original printing.

County Attorney 4/10/2013 Assigned Gerald T. Heffernan 4/11/2013

Legislative Text


TITLE
ORDINANCE GRANTING PETITION OF BELLAGIO LENNAR, LLC, (“PETITIONER”) FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING BELLAGIO COMMUNITY DEVELOPMENT DISTRICT (“DISTRICT”); PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; ACCEPTING PROFERRED 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, Bellagio Lennar, LLC, a Florida limited liability company, (“Petitioner”) has petitioned for the establishment of the Bellagio 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, because the proposed District is located wholly within the municipal boundaries of the City of Hialeah, the City is in a position to be well informed regarding the merits of this District; and
WHEREAS, the City of Hialeah has consented to the creation of the District within the municipal boundaries subject to certain conditions that the petitioner shall have to satisfy; and the Board of County Commissioners desires to establish the District; and
WHEREAS, based on the written consent of the City of Hialeah pursuant to Resolution 07-95, adopted on August 19, 2007, 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, which are expressly set forth herein, are hereby adopted and made a part hereof.
Section 2. The Petition to establish the Bellagio Community Development District over the real property described in the Petition attached hereto, which was filed by Bellagio Lennar, LLC, a Florida limited liability company, on April 5, 2013, 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 and incorporated herein as Exhibit A to the Ordinance.
Section 3. The external boundaries of the District shall be as described in the certified metes and bounds legal description attached hereto and incorporated herein as Exhibit B to the Ordinance.
Section 4. The external boundaries of the District shall be as depicted on the location map attached hereto and incorporated herein as Exhibit C to the Ordinance.
Section 5. The initial members of the Board of Supervisors shall be as follows:
Teresa Baluja
Luis Javier Dominguez
Carolina Herrera
Horacio F. Moncada
Mercedes Suarez


Section 6. The name of the District shall be the “Bellagio Community Development District.”
Section 7. The Bellagio 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 8. Pursuant to Section 190.005 (2) (d), Florida Statutes, the charter for the Bellagio Community Development District shall be Sections 190.006 through 190.041, Florida Statutes.
Section 9. The Miami-Dade County Board of County Commissioners hereby grants to the Bellagio 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 10. The Miami-Dade County Board of County Commissioners hereby grants to the Bellagio 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 11. All bonds issued by the Bellagio Community Development District pursuant to the powers granted by this ordinance shall be validated pursuant to Chapter 75, Florida Statutes.
Section 12. No bond, debt or other obligation of the Bellagio 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 13. Notwithstanding any power granted to the Bellagio 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 14. Notwithstanding any power granted to the Bellagio 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 15. This Board hereby accepts that Declaration of Restrictive Covenants proffered by the owners of the lands within the jurisdiction of the Bellagio Community Development District, in connection with the petition submitted by Bellagio Lennar, LLC, and approved herein.
Section 16. 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 17. 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 18. 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.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.