24.01(A)(1) Creation of District. Pursuant to F.S. § 189.4041, the Indian Trace Development District is hereby created as a dependent special district of the City, which shall have all the rights, powers, and authority of F.S. Chapter 190.
24.01(A)(2) Boundaries. The Indian Trace Development District is comprised of and includes those lands described as follows:
Portions of Sections 34, 35, and 36 in Township 49 South, Range 39 East, together with a portion of Section 31, Township 49 South, Range 40 East together with portions of Sections 3, 10, 15, 22, 25, 26 and 27 and all of Sections 1, 2, 11, 12, 13, 14, 23 and 24 in Township 50 South, Range 39 East, together with portions of Sections 6, 7, 8, 29 and 30 and all of Sections 17, 18, 19 and 20 in Township 50 South, Range 40 East, all in Broward County, Florida, and being more particularly described as follows:
BEGINNING at the intersection of the East line of said Section 29, Township 50 South, Range 40 East, with the North Right-Of-Way line of South Florida Water Management District Canal C-11, also known as the South New River Canal;
THENCE Westerly, along said North Right-Of-Way Line of Canal C-11, to the intersection with the Easterly Right-Of-Way line of State Road 25, also known as U.S. 27 and shown on Florida Department of Transportation Right-Of-Way Maps for Section 86060-2515;
THENCE Northerly, along said Easterly Right-Of-Way line of State Road 25 (U.S. 27), to the intersection with the Southerly Right-Of-Way line of State Road 93 (Interstate 75) as shown on Florida Department of Transportation Right-Of-Way Map for Section 86075-2409;
THENCE Southeasterly, along said Southerly Right-Of-Way line of State Road 93, to the intersection with the West line of BONAVENTURE, according to the Plat thereof as recorded in Plat Book 82, page 43 of the Public Records of Broward County, Florida;
THENCE Southerly, along said West line of BONAVENTURE, to the North one-quarter (N ¼) corner of said Section 7, Township 50 South, Range 40 East;
THENCE continue Southerly, along said West line of BONAVENTURE according to the Plat and the East line of that certain Boundary Line Agreement recorded in Official Records Book 10343, Page 593 of the Public Records of Broward County, Florida, to the Northeast corner of a parcel of land described in Quit-Claim deed recorded in Official Records Book 10343, Page 602 of the Public Records of Broward County, Florida;
THENCE Westerly, along the North line of said parcel of land, to the Northwest corner of said parcel of land;
THENCE Southerly, along the West line of said parcel of land, to the Southwest corner of said parcel of land;
THENCE Easterly, along the South line of said parcel of land, to the Southeast corner of said parcel of land, said corner being located on said West line of BONAVENTURE according to the Plat and the East line of that certain Boundary Line Agreement recorded in Official Records Book 10343, Page 593 of the Public Records of Broward County, Florida;
THENCE Southerly, along said West line of BONAVENTURE and said East line of said Boundary Line Agreement, to the Southwest corner of said BONAVENTURE;
THENCE Easterly, along the South line of said BONAVENTURE and the North line of said Boundary Line Agreement, to the Southeast corner of said BONAVENTURE;
THENCE continue Easterly, along the Easterly extension of said South line of BONAVENTURE, to the East one-quarter (E ¼) corner of said Section 8, Township 50 South, Range 40 East;
THENCE Southerly along the East line of said Section 8, to the Southeast corner of said Section 8 and the Northeast corner of said Section 17, Township 50 South, Range 40 East;
THENCE continue Southerly, along the East line of said Section 17, to the Southeast corner of said Section 17 and the Northeast corner of said Section 20, Township 50 South, Range 40 East;
THENCE continue Southerly, along the East line of said Section 20, to the Southeast corner of said Section 20 and the Northeast corner of said Section 29, Township 50 South, Range 40 East;
THENCE continue Southerly, along the East line of said Section 29, to the POINT OF BEGINNING;
LESS THEREFROM:
All of that portion of Tract 38, FLORIDA FRUIT LANDS COMPANY’S SUBDIVISION NO. 1, in Section 3, Township 50 South, Range 39 East, according to the Plat thereof as recorded in Plat Book 2, Page 17 of the Public Records of Dade County, Florida, lying East of the Easterly Right-Of-Way line of State Road 25 (also known as U.S. 27) as shown on Florida Department of Transportation Right-Of-Way Map for Section 86060-2515;
Said lands lying in Broward County, Florida.
24.01(A)(3) Purpose, Powers, Functions and Duties. Pursuant to F.S. Chapters 189 and 190, the Indian Trace Development District is formed for the purpose of exercising those rights, powers and authority contained in F.S. Chapter 190 and as provided herein in the above described lands and to that end shall possess all the powers to do all things reasonably necessary to provide such services. In addition to all powers specified herein, the Board shall have all powers necessary or incidental to exercising the purposes of the District, including those powers granted to the governing board of a community development district pursuant to F.S. Chapter 190 (the “Act”). Without limiting the generality of the foregoing, such powers shall include those specified in F.S. §§ 190.011 and 190.012 (other than F.S. § 190.012(2)(b), (c) and (f)) of the Act, which sections are hereby incorporated and shall be applicable to the District as if set forth herein at length. For all purposes hereof, the provisions of F.S. §§ 190.014, 190.015, 190.016, 190.017, 190.021, 190.022, 190.023, 190.024, 190.025, 190.026, 190.031, 190.035, 190.036, and 190.041 of the Act are hereby incorporated herein and shall be applicable to the District as if set forth herein at length; provided, however that: (i) all references in said sections of the Act to the “Act” or applicable sections thereof shall be deemed to refer to this Section and the applicable sections hereof which incorporate such provisions of the Act; (ii) all references in said sections to the “board” shall mean the Board of the District; (iii) all references in said sections to “district” shall mean the District; and (iv) the provisions of F.S. §§ 190.013 and 190.015(12) of the Act shall be discretionary rather than mandatory. To the extent necessary, useful or appropriate to effectuate the provisions hereof, the definitions set forth in F.S. § 190.003 of the Act are incorporated herein and made applicable to the District and its activities. All provisions of the Act referred to herein are available for inspection at the City Clerk’s Office.
24.01(A)(4) Governing Body. The Indian Trace Development District is formed as a dependent special district pursuant to F.S. § 189.403(2)(a) and the governing body of the Indian Trace Development District shall be ex-officio the City Commission of the City of Weston, Broward County, Florida. Commission members shall receive no additional compensation for service as members of the governing body. The Mayor shall serve as chair of the governing body.
24.01(A)(5) Management. Management of the Indian Trace Development District shall be by the City Manager. Management’s duties shall be to administer the activities of the District in accordance with established policies of the City Commission.
24.01(A)(6) Clerk. The functions of clerk for the Indian Trace Development District shall be carried out by the City Clerk.
24.01(A)(7) Attorney. The functions of attorney for the Indian Trace Development District shall be carried out by the City Attorney.
24.01(A)(8) Explanation of why a dependent special district is the best alternative. Pursuant to F.S. § 189.4041(4)(d), the Indian Trace Development District is formed as a dependent special district because the City desires to have the City Commission serve as the governing body of the Indian Trace Development District, in order to enhance coordination and consistency of policy between the City and the District.
24.01(A)(9) Financial disclosure, noticing and reporting requirements. The financial disclosure, noticing and reporting requirements applicable to the governing body and management of the District shall be the same as those required by the position of Commissioner and staff Person of the City, respectively.
24.01(A)(10) Methods of finance. The District shall be financed in accordance with F.S. Chapters 189 and 190 and by any other methods of finance the District is empowered to use.
24.01(A)(11) Consistency with the Comprehensive Plan. The creation of the District is hereby found and declared to be consistent with the approved Comprehensive Plan of the City.
24.01(B)(1) Declaration of authority. The City Commission finds that the City, through its dependent special district, the Indian Trace Development District, can provide services to the residents of Indian Trace as efficiently as the Indian Trace Community Development District, at a level of quality equal to that delivered by the Indian Trace Community Development District’s Board of Supervisors, and at a cost equal to the actual cost for which the Indian Trace Community Development District’s Board of Supervisors will have to charge Indian Trace Community Development District users for the provisions of similar services.
24.01(B)(2) Adoption of plan of transfer. The City approved and adopted the plan of transfer of the Indian Trace Community Development District.
24.01(B)(3) Transfer. F.S. Chapter 190 having been fully satisfied and addressed, the City declared, in its sole discretion and pursuant to F.S. § 190.046(4) and applicable legal authority, its election to transfer to the Indian Trace Development District, a dependent special district of the City, all powers, rights, duties, functions, and obligations of the District, in accordance with the plan of transfer.
(Ord. 2010-09, passed 10-4-2010)