Miami-Dade Legislative Item
File Number: 132577
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File Number: 132577 File Type: Ordinance Status: Adopted
Version: 0 Reference: 14-20 Control: Board of County Commissioners
File Name: CDD CENTURY GARDENS Introduced: 12/19/2013
Requester: NONE Cost: Final Action: 3/4/2014
Agenda Date: 3/4/2014 Agenda Item Number: 5B
Notes: REQUIRES 6-WEEKS BETWEEN FIRST AND SECOND READING(Public Hearing) Title: ORDINANCE GRANTING PETITION OF CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT DISTRICT (''DISTRICT'' OR ''PETITIONER'') TO EXPAND THE BOUNDARY OF THE DISTRICT ESTABLISHED BY ORDINANCE NO. 07-81; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE
Indexes: COMMUNITY DEVELOPMENT DISTRICT
Sponsors: Juan C. Zapata, 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 3/4/2014 5B Adopted P

Board of County Commissioners 1/22/2014 Tentatively scheduled for a public hearing Board of County Commissioners 3/4/2014

Board of County Commissioners 1/22/2014 4D Adopted on first reading 3/4/2014 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Board of County Commissioners on March 4, 2014 at 9:30 a.m.

Office of the Chairperson 1/16/2014 Scrivener's Errors
REPORT: On handwritten page 71, the bottom left-hand corner should read: (COMM.0011) SECTION: 07- 53 – 40

County Attorney 12/19/2013 Assigned Gerald T. Heffernan

Legislative Text


TITLE
ORDINANCE GRANTING PETITION OF CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT DISTRICT (“DISTRICT” OR “PETITIONER”) TO EXPAND THE BOUNDARY OF THE DISTRICT ESTABLISHED BY ORDINANCE NO. 07-81; 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, at its meeting of June 26, 2007, the Board of County Commissioners of Miami-Dade County adopted Ordinance No. 07-81, establishing the Century Gardens at Tamiami Community Development District (“District”) and providing for specific boundary 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 expand the boundary of a community development district within its jurisdiction; and
WHEREAS, the District has submitted a Petition to Expand Boundaries of Century Gardens at Tamiami Community Development District for consideration by the Board; 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 Expand Boundaries of Century Gardens at Tamiami Community Development District are true and correct; and
WHEREAS, the expansion of the District boundary 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 to be included in the expanded external district boundary is sufficiently compact and sufficiently contiguous to be developable as one functional interrelated community and the area of land included does not impact such functionality; and
WHEREAS, the expansion of the District boundary is the best alternative available for delivering the community development facilities and services that will be provided by the District and the area of land being included will not impact such delivery; and
WHEREAS, the proposed facilities and services to be provided by the District within the expanded external boundary 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 amended District boundary is amendable to separate special-district government; and
WHEREAS, the owner of the property that is to be added to the District and developed and served by the community development services and facilities provided by the amended District boundary has submitted an amended executed declaration of restrictive covenants pledging among other things to provide initial purchasers of individual residential lots or units within the expanded area 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,
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 Expand Boundaries of Century Gardens at Tamiami Community Development District to include the real property described in the petition attached hereto, which was filed by the District on December 17th, 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 “1.”
Section 3. The external boundary of the District as amended is sufficiently contiguous, and shall be depicted on the location map attached hereto and incorporated herein as Exhibit “2” and legally described in the Petition.
Section 4. The current members of the Board of Supervisors are as follows:
Teresa Baluja
Cardina Herrera
Mercedes Suarez
Vacant
Vacant
Section 5. The name of the amended District shall remain “Century Gardens at Tamiami Community Development District.”
Section 6. Notwithstanding any power granted to the Century Gardens at Tamiami Community Development District pursuant to this Ordinance or Ordinance No. 07-81, 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, 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 expand the boundary of the District as provided herein, this Ordinance does not affect, amend or modify Ordinance No. 07-81.
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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