HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-0991
Temp Reso #12715
October 14, 2015
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015- `
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING A REFUND OF $1,550.00
SUBMITTED BY DWAYNE L. WILLIAMS OF
TOWMAXX TOWING SERVICE, LLC, FOR A
TRAFFIC ENGINEERING REVIEW DEPOSIT
FEE COLLECTED IN CONJUNCTION WITH A
SPECIAL EXCEPTION PROJECT; PROVIDING
FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, In accordance with Section 10-49 of the City of Tamarac Code of
Ordinances, a Traffic Consulting Recovery Fee is imposed on all proposed developments,
which is credited towards the review fee assessed by the City's traffic consultant; and
WHEREAS, on April 16, 2015, Shelley Eichner of Calvin, Giordano & Associates,
LLC, Designated Agent for the property owner Dwayne L. Williams of Towmaxx Towing
Service, LLC ("Applicant"), submitted a Traffic Engineering Review fee deposit to the
Community Development Department in the amount of $2,000.00 for the Towmaxx
Special exception project;
WHEREAS, upon approval of Board Order No. 2015-04 for a Special Exception Use
of a towing facility, it was determined that the cost recovery fee due to the City's consultant
is Four Hundred and Fifty ($450.00) Dollars; and
WHEREAS, the Community Development Department Director has determined that
the Applicant is due a refund in the amount of One Thousand Five Hundred and Fifty
($1,550.00) Dollars after payment of $450,00 to the City's traffic consultant; and
WHEREAS, Section 6-36 of the City of Tamarac Code of Ordinances entitled, "Fee
Temp Reso #12715
October 14, 2015
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refunds", empowers the City Commission to refund various fees collected by the City
erroneously due to miscalculation or for any other reason which would render the
withholding of the refund of such fees inequitable; and
WHEREA, the Community Development Department Director has determined that
the Traffic Engineering Review fee deposit of $2,000.00 submitted by Dwayne L. Williams
of Towmaxx Towing Service, LLC, should be partially refunded in the amount of $1,550.00;
and
WHEREAS, the Director of Community Development recommends approval of the
deposit fee refund; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac, Florida to authorize
a refund in the amount of $1,550.00 submitted to Dwayne L. Williams of Towmaxx Towing
Service, LLC for Traffic Engineering Review fees related to the Special Exception project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution;
all exhibits attached hereto are incorporated herein and made a specific part of this
Resolution.
SECTION 2: That the City Commission hereby authorizes the appropriate
City Officials to refund the traffic review recovery fee for the Towmaxx project in the
amount of $1,550.00 made payable to Towmaxx Towing Service, LLC.,
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
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October 14, 2015
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hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in
part or in application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
adoption.
PASSED ADOPTED AND APPROVED this J1 day of , 2015.
HARRY DRESSLER,
MAYOR
ATTEST:
P T ICIA TEU L, C
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
��AM EL S. GOREN
CITY ATTORNEY