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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1983-001Introduced by _/%1/% 2&al a __ Temp. #1015 M 1 2 3 4 5 q7 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 10 i 32 33 34 35 36 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0--83- / AN ORDINANCE OF THE CITY OF TAMARAC AUTHORIZING THE ERECTION OF A BARRIER AT THE SOUTHERLY TERMINUS OF NORTH WEST 26th TERRACE, TAMARAC, FLORIDA IN ORDER TO RESTRICT THE USE OF SAID STREET FOR THE BENEFIT OF THE RESIDENTS OF TAMARAC LAKES SOUTH AND OTHER SIMILARLY SITUATE' RESIDENTS OF THE CITY OF TAMARAC AND PROVIDING FOR SEVERABILITY, A REPEALER AND AN EFFECTIVE DATE. WHEREAS a plat of Tamarac Lakes South was approved by the City of Tamarac on Judy 9, 1966, and WHEREAS said plat dedicated all of the Avenues, Terraces, Ways, Streets, etc. in said section to the perpetual use of the public for proper purposes, and, WHEREAS North West 26th Terrace is a terrace so dedicated and is a public roadway 20 feet wide running from an access road on the North to the Tamarac southerly boundary and being approximately 600 feet in length and, WHEREAS the City Council has received numerous inquiries and complaints from its citizens about an attempt to extend this terrace beyond its southerly terminus to serve an anticipated subdivision located in the City of Oakland Park, Florida, and, WHEREAS the bases for these inquiries and complaints are, among others, the width of the roadway, the residential character of the neighborhood, the anticipated density of use by construction vehicles, service vehicles and general increase of traffic, all to the detriment of the life style, health, safe and welfare of said residents, and, WHEREAS an independent traffic study has been author- ized by the City Council to review these inquires, complaints and concerns and the study has been received by the City of Tamarac, and, WHEREAS Florida Statute Section 316.008 provides that a municipality may restrict the use of streets under its jur- isdiction and within the reasonable exercise of its police power NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: Section 1; Findings of Fact. 1 2 3 4 5 07 8 9 10 1.1 12 13 14 15 16 17 3 t 20 21 i 22 23 24 25 26 27 28 29 30 1 32 33 34 35 36 The City Council of the City of Tamarac finds the following: 1) North West 26th Terrace is under the jurisdiction of the City Council of the City of Tamarac. 2) The terrace as it exists cannot be widened beyond its present 20 foot width. 3) The neighborhood which it serves is an established single family development in which the homes are occupied primarily by retired, sertior citizens. 4) The extension of said terrace to serve as access to a planned subdivision of approximately 100 homes in the City of Oakland Park, Florida would be contrary to the health, safety, and welfare of the residents of Tamarac Lakes South 4nd,other similarly situate residents.. 5) That the restriction of use of said North West 26th Terrace would not invade the property rights of any third party. Section 2. The City Manager of Tamarac is authorized to have the appropriate City department erect a barrier sufficient to restric the use of North West 26th Terrace to through traffic by placing the barrier across the 20 foot wide terrace at a location which is the southerly terminus of said North West 26th Terrace. Section 3. Severability Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decisic shall not affect the validity of the remainder hereof, as a whol or a part hereof, other than the part declared to be invalid. Section 3. Repealer That all sections or parts of sections of the Code of Municipal Ordinances, all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same, are hereby repealed to the extent of such conflicts. It 12 13 14 15 16 17 11 20 21 22 23 24 25 26 27 28 29 30 1 32 33 34 35 36 Section 5. Effective Date This Ordinance -shall be in force and shall take effect imme- diately upon its.passage. PASSED FIRST READING this1,o?day of Q 1983. PASSED SECOND READING. this,,e(p�day of 1983. i Y R ATTEST: ASSISTANT CITY CLERK I HEREBY CERTI Y that I have approved the orm and correct- n e f th ii s O R D I N A N C E. RECORD OF COUNCIL VOTE MAYOR: DISTRICT 1: DISTRICT 2: DISTRICT 3: DISTRICT 4: