HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 3_12/5/1995 r �1
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM
BEACH COUNTY, FLORIDA, AUTHORIZING
THE CREATION OF SAFE NEIGHBORHOOD
IMPROVEMENT DISTRICTS; PROVIDING FOR -
SEVERABILITY; PROVIDING FOR REPEAL -'
OF ORDINANCES IN CONFLICT; PROVIDING the,
FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 163.501 through 163 .523, Florida Statutes,
established the Safe Neighborhoods Act, hereinafter referred
to as the "Act"; and
WHEREAS, Section 163 .504 of the Act provides that the
governing body may adopt an Ordinance authorizing the
formation of Safe Neighborhood Improvement Districts, in
accordance with the provisions of the Act; and
WHEREAS, the Village Council of the Village of Tequesta has
determined that the public interest will be best served by
adopting an Ordinance authorizing the formation of local
government improvement- districts in accordance with Section
163 .506, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Districts Authorized. Safe Neighborhood
Improvement Districts, as provided in Sections 163 . 501 through
163 .522, Florida Statutes, may be established within the
Village of Tequesta.
Section 2. Method of Establishment. The method of
establishing such Safe Neighborhood Improvement Districts in -- -
the Village of Tequesta may be by one or more of the methods 7,7
established in Sections 163.506, 163.508, 163.511 and 163.512, r°,
p s-i
Florida Statutes, relating to Local Government Improvement s/
Districts.
Section 3. Severability. If any provision of this Ordinance
or the application thereof is held invalid, such invalidity
shall not affect the other provisions or applications of this
Ordinance, which can be given effect without the invalid
provisions or applications, and to this end, the provisions of
this Ordinance are hereby declared severable.
Section 4. Repeal of Ordinances in Conflict. All other
Ordinances of the Village of Tequesta, Florida, or parts
thereof which conflict with this or any other part of this
Ordinance are hereby repealed.
0
Section 5. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the
Village of Tequesta.
Section 6. Effective Date. This Ordinance shall take effect
immediately upon its passage and approval, as provided by law.
THE FOREGOING ORDINANCE WAS OFFERED BY Councilmember
, who moved its adoption. The motion
was seconded by Councilmember , and
upon being put to a vote, the vote was as follows :
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , A.D. , 1996.
Mayor of Tequesta
Ron T. Mackail
ATTEST:
Joann Manganiello
Village Clerk
: =_ tit:-
AL,C.J. 7J L a•VL J NILJ Co f U.7 I CJ[ '.Q( OJC LyN PRJ.770 r,at=
s ----alirummialli. 11111lo
M 163 INTERGOVERNMENTAL PROQRAM3
P.a. 1p0i PS.fl13
'wIOe%a i•-•sea,trtM:`P''0,.w•e1:•.3,at.0140:I is et.os-uo session with the appropriate staff or consultants of the
'he e: soun�,o.a.. 1m..+ro�daa w�.ctlon t •KoceM J„y I.+ac. 3. Prepare
of wire '0.ct. poi• toning body responsible for the district's plan. Improvement p
1. �' Ma comfy Neck (3) Man alternative to
abIghbarkarde Program. 1e eVial be tc,b requold, ..a'i"a,r,rken a eat. ing body ea the board of directors,designating mat the the WWII. honsistepl n.th.
Demurral al legal Altaic to prep.,.,ua^°4t, om ti,uowaonr phV,a governing boa of a cif or count may lhenaive r tan
r•dorm
g Y Y Y Y appoint a board (� prpybea
of three to seven directors for the district who shall be aceoolabn,
1da.ti06ti • Registration of district sstebllshroena residents of the proposed area and who are subject to (a) Designs(
nodes 0 5 •dissolution.—i ed valorem taxation in the residential neighborhood arty owners'arm
{1 js Each neighborhood district Improvement district or who are distrfot
authorized and established underodImprovementthis pat while commerchal neigh' hood imp rtnpi�d str ct. The - May prat
90 days thereof tegtster With both the Department d directors hae ppoint appointed for a staggered follows o1 a (g)
Corrmur�y Affairs and the Department of ��The Initial appofntntents shah as follows:one Requires
Affairs director or a 1-year term;one Medlar fora2-y�r term: Legal Affairs err
by providing these departments with the district's and one director for a 3-year tenor,Ifmore then three In writing of Its e
name.location,size,and type,and ouch other Informs- directors are to be appointed,the additional members ,
(ton as the departm ante may require. shall Initially be appointed for 3 year terms,Vacancies su(2)t b ordera. er I
(b) Each local governing body which authorizes the shall be filled for the unexpired portion of a term In the hood improvern
in
dissolution of a district shall notify both the Department same manner as the Initial appointments were made.
of CommunityAffairs and the Department ofform enn:detin a
Legal Each director shall hold office until hie suocessa Is uBe 0
Affairs within 30 days after the dissolution of the district appointed and quali0ed unless the d&oder ceases to be anoe with this is(2) This section shall apply to ailneighborhood quaNled a Is removed from office. Upon appointment profit
improvement districts established on or after July 1, and qualiieatton and In January et each �iia not
1ro
1987. p
Year.the dim-
S. o,as tore shall organize by electing from their number a chair-
man and a secretary. have consented
(4) A district may be dissolved the holders.wUpon a
m 1153 Local l goreadata vernment neighborhood ory d Improv,- body by rescinding the ordnance ing the arty owners srx
dissolution. The governing body shall consider rescinding the ordi- bens of the ease
(1) After a local planning ordinance has been nance if presented with a petition oontalning the sign& alone al th0 art-
adopted authorizing the creation of local goverrenent trues of 60 percent of the residents of a district.
neighborhood improvement dstricts, the local govern. r.-1.•se.air er srt o.e.at.sham,a Nil . I
r.at Gndentatbrt. the
ing body et a muni ty or county may create local rhdenturea,and
government nag improvement dietricta by the �'� Property sseodettom neighbor.
lions,The
1 moot
enactmentd a separate ordinance for each district, hood Improvement districts: creation; posers end holderwhich ordinance: dt dirt Wet. the prowho is nr
posed d
la) SpeGties the boundaries,size,and name d the creation{i) After a local planning ordinance has been incorporation, ti
district. adopted authorizing the creationof property owners' notify the clerk r
association neighborhood Improvement districts, the appropriate,kt
(b) Authorizes the district to receive a planning grant
from the department. loud governing body o1 a nhunk9p or county may : ilst the names ar `
(c) Authorizes the local government neighborhood property owners' association
neighborhood . dation.
Improvement district to levy an ad valorem tax an real improvement' nce fa each dish,which ordinance: separatethe enactment of a operating Pureu
and personal properly of up to 2 mile annually. (a) Establishes that an
(d) Authorizes the use of special assessments to incorporateisd properly own- (a) r county
support planning and Implementation of district pro artyassociationwithin representing
pr proposed
st t at ate owners e. y or county
im�provements pursuant to the provisions of a. m�tof this section a ol tinp the rebuke' dish -easy,
163.514(18). petitioned the�rerning body district
esignatde the local governing body as the of the municipality or eoun1y for creation of a district for (b) To utilize
(e) D
board d esigc a e of the district the area encompassed by the property owned by mom- meets,deed reel
(1) Establishes an advisory count to the board of bars of the aasodellon. m,etrtts#h the MI
the c rs o sed of property owners or residents of the boundaries,sire,and name of the w!(I)o�t Todd '
're ant with t the party governing body through mRrtttat, �M
(Q) �. ._•• l the sue of artydiatrir.(;potw+erauthor- with the property 'association to the
!zed by_._._LI'• `.r`" ` ` 1. Request a matc hkhg�iron the ma's Sate repair, and mix
(it) iquiree 1 •aid dot to notify the Department al �s InertReehdd to p the fret year's common Brea w
Leger Affairs and the Department of Community Affairs safe neighborhood improvement The provider of to the sasoclelk
in of Its establishment within 3g days thereof our. the local matt for the state grand Ghat be mutually (d) Wittier(
scant to e.183.5055. agreed upon between the wen**body and the prop- • modify,move,'•c
(2) The advisory sound shalt perform such dulisaa as erty owners'aseodrdbon.The governing body may agree • egress or for th
may be prescribed by the body and shad s� b the match as a no-Interest-bearing been to be ' . constitutes pert
m e within the time �� by the governing from assessments Imposed by the mace* - this shall not out
body.acting as the of directors,a report on the on its members or shareholder&
dtslrlors activities and a proposed budget to a000m. 2. Pro vide stall and other technical sarestanxe to i any
or benefieasementt
plan its objectives.In frirmulaUng a plan for services or the property owners'association on a m
ornaments the advisoryuihraty agreed- bars,',escalation
Octl a
Pubic upon baste,oprhlrhhetual or otherwise. assoclelldh mar
1182
•
, t a --.:,--:;`1-,- ‘.,2,-4,- -.1_. • n y ^"`.x r .'`1'�7 , ,' k z•-� ♦ .0 + oil *,;' ,
R : ..t C",1 i.- 'x ,,, •C 7 .,4.--..:,,alit
...i -b{••Jt.y YJ ',. .'' ,_ ~Y' 4r�` .i
�� 5 Y aril a rxei ,'�- 7 2 T, l''t < ��.%� 5 _ ,�1 � rr
sj `a ,, Ss C-. .x`-P7'-i r .rn d v x ' $� t �, - 'r a p�. ' y k
4,:::; ire .4:f9 ` a g.;`i ` r: - _ 3a a ;"Y'; m xi:. `- t s'< `` �a ry,7 .` -- - 1," ",--
+ • 4...x" Ha -+.a i t{ ; _ - yi.,.,CY 1 ..i .,x.� �" "'i.F Y Fir$ 1
,� .:"•3 „+..„+^r' y�.'s •, ;rr s r 'i'� ° -- '4`. "`3.i sir w4 ,4•d ,• M1 L k r''{:n� ,* .i_ _ 9;o-`, , k
4 { } • 'k' i.w". rl. ��� _T..'. .V� . .� ,. GY ;�+r � M ,�. �SY�� f -F
t
LC,COL J L,7 L•COL J uCJ 6 r-1J7 I U[ 40 I DJG LYJY u r I1 •77v CIC19
r
/ --- F.6.1093 —
INTERGOVERNMENTAL PROGRAMS Ch• 163.
on In
•b, L. amoonp the many causes f The Legislature hereby
terioration indthhee business Affairs.ares that • rtment' means the Department of ��
• eon and residential (4) p •
of is noighborhoode of the elate are the fol. 'Board'means the board of directors of a neigh- J
hero• lowing: proliferation of crime. automobile traffic flow boyhood Improvement district, which may be the go. '
atop-
topography,
by outmoded street patterns, Unsuitable erring body of a municipality or county or the officers of
topography, faulty lot layouts, fragmentation of land
rake). uses and a properly owners'association or the board of dkoclors
jam• Pe areas necessitating frequent automo- of a special neighborhood Improvement district or corn•
blo movement, lea of separation of pedestrian areas munity redevelopment neighborhood Improvement dis•
from automobile traffic,lack of separation of vehicle Iral- tract.
(lc lanes and railroad traffic,and excessive noise levels (6) 'Environmental security' means an urban plan-
from automobile traffic. cling and design process which Integrates crime proven•
) The Legislaiure further finds and declares that tbn with neighborhood design and community develop-
sa o neighborhood* are the product of planning and
I Implementation of appropriate environmental design (6) 'Crime prevention through environmental
concepts, aon►prohenslve trine prevention programs, design'means the planned use of environmental design
land use reoommondatlona, and beautification tech- concepts such as natural access control,natural surveil•
and ues• lance,and territorial reinforcement in a neighborhood or
(3) The Legislature further finds and declare; that
the provisions of this part and the powers granted to oppocommunity setting which is designed to reduce criminal
g
prowl- •
dependent governments,property
nity redevelopment
tin �l lrr�te�users foster t ffitseltir interaction social among
neighborhood Improvement districts are desirable to m 'Defensible means en archlteclural per-
neighborhood
Mats; guide and acCompilah the coor epecttve on crime prevention through physical design of
I harmonious development of safe neighborhoods;to pro-dinated, balanced, end the environment to create the ability to monitor and con-
notice mote the health, safety, and'general welters of these trot the environment along IndMdual perceived zones of
areas and their inhabitants, Welters, property owners, territorial influence that result In a proprietary interest
prove- and workers;to establish,maintain,and preserve prop- and a felt responsibility.
ouncil; arty values and preserve and looter the development of (B) 'Enterprise zone means an area approved pur-
attractive neighborhood and business environments;to went to s.2 o f t.
'Mood prevent overcrowding and congestion; to Improve or
sr,a�n-xes:.N.e ae aer; >w n ao
ors redirect automobile traffic and provide pedestrian 1A3.6036 Sete neighborhood improvement die.
safety;to reduce crime rates and the opportunities for diets; district provisions._
it die- the commission d crime:and term/de Improvements
and of neighborhoods so they are de enable against crime. �Y district created pursuant to this part shall
(4) It Is the intent of the Legislature to assist local comae with se vocable
provision
c ooMelned to chap.
xhood governments In Implementing pions that employ crime
tor ifi0.In cases where a pravlelon exxntelnad this part
prevention through envronmeMal design,enveenmerr conflicts with a provision h chapter 189,the provision
!► tat security,and defensible space techniques to estab- a 4 8e1 prevail.
Itch safe neighborhoods. The Legislature, therefore,
mental declares that the development,redevelopment,Wafter- 183.604 Sate neighborhood improvement dlstrlcls; ,
/, and vation,and revitalization of neighborhoods In this otnte, planning funds.—
ighbor- and all the purposes of this part,are public purposes for (1) The governingbody of any municipality or county
which public money may be borrowed, expended, may authorize the formation of safe net hborhood
rnt die- loaned,amyl ranted. g
, ,.re,al.re- •.1,,k o+ Improvement districts through the adoPtlon of a glen
! ling ordinance which apeolt)ea that such districts may
�. 163.603 Safe neighborhoods;detYdfforte.--- be created by one or more of the methods established
(1) 'Safe neighborhood improvement district,''dls• ins&181506,1133,60e,1133.511,and 163512.No district
s, (riot'or'nelghborttood improvement district'means a may overlap the Jurisdictional boundaries of a municipal-
: k►sJde district located In an area In which Wrote then ea percent by and the unincorporated area of a county,except by
of the land is used for residential purpo�s,er In an area Interlocel agreement.
- in which more than 76 percent of the tend I.used for 1(2) lI the governing body of a municpality or county
commercial, office, business, Or industrial purposes, elects to create a sate neighborhood Improvement dis-
excluding the land area used for pubic facilities.and blot.it shalt be eiplbla to request a grant from the Safe
serodon *bare there lea plan to reduCs crime though the Impie- Neighborhoods Trust Fund, created pursuant to s.
minim menletbn of prime preveniion.through enveorrnenta! 163.61T end administered by the Department of Legal
design, environmental security, or defenin this section shallpsiible space Affairs, to prepare a safe neighborhood Improvement
lude the plan for the district
I as the I inclusion of t publc Not�land In neighborhood Improvement (3) Municipalities and counties
district although the amo mtof land used for public far: provision*of this section without planynk�funds from
(ties Is excluded from the tandem acreage calculations. the Department of Legal Affairs. However, nothing In
Wage (2) 'Association'means a property owners'assoola- this section shall be construed to exempt pry district
lion which Is Incorporated for the purpose of creating from the requirements of providing a safe
and operating a neighborhood improvement district. Improvement plan pursuant to S.169.518. .1101 •
r
}
.-,,,.:.1,.....,-_,...,-,-,. ::::',....-1_,,-- } a jf ,.f 5 3 ty < a-
;- S e 3 F _+^# .: 'X 'Y' 7r-'.,• t •rig '-,.'•,,,,,,,,-,-c V * ,t } _i r ...:s
.1 `�Y .asILL s p i6 .Yi z 3-.'' 3 .x 4 ^_ t.. _ rr s* r S , y f,•az f _
z. t i �,,,, +... '� y ,., g;-:,::‘,..1 .--
; , r`"x fY l'4 c... '} 1"I 4'tit1 4 # J-;s. s F , y 'r R' 4 ,
•.i . �''li { — }w. ., } . ,u :•,..1 :;•-
r. w , r - ^4 -'.0 �, r s : ..