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Home My WebLink AboutCity of Tamarac Resolution R-2008-129Temp. Reso #11473 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-08- /-�q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY TO PROVIDE FOR THE IMPLEMENTATION OF THE ANNEXATION OF CONTINENTAL PLAZA AREA AND THE WEST COMMERCIAL BOULEVARD/N.W. 31ST AVENUE AREA INTO THE CITY OF TAMARAC; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO DO ALL THINGS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 10, 2007, the Tamarac City Commission (hereinafter referred to as the "City"), adopted Ordinance No. 2007-02 which called for a referendum election to annex several areas of unincorporated Broward County into the City, including the area known as Continental Plaza Area and the West Commercial Boulevard/N.W. 315t Avenue area; and WHEREAS, the necessary voluntary petitions and State approvals have been secured; and WHEREAS, the annexation will become effective on September 15, 2008, and in order to implement the annexation, it is necessary for the City to enter into an Interlocal Agreement with Broward County ("Interlocal Agreement") in orderto address the continued provision of various services to the residents of the area known as Continental Plaza Area and the West Commercial Boulevard/N.W. 31st Avenue area; and Temp. Reso #11473 Page 2 WHEREAS, the City Commission has determined that it is in the City's best interest to enter into the Interlocal Agreement with Broward County for the implementation of the annexation of the area known as Continental Plaza Area and the West Commercial Boulevard/N.W. 315t Avenue area, a copy of which is attached hereto as Exhibit "A:, and incorporated herein by reference; 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 to enter into the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the City Commission of the City of Tamarac, Florida hereby approves the Interlocal Agreement between Broward County and the City of Tamarac to Implement Annexation of the area known as Continental Plaza Area and the West Commercial Boulevard/N.W. 315t Avenue area, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference, and authorizes the Mayor or Vice -Mayor to sign the Interlocal Agreement, and for the City Manager and City staff to take any and all action necessary to effectuate the intent of this Resolution. SECTION 3: The City Clerk is hereby directed to provide a signed copy of the Interlocal Agreement to the appropriate Broward County Representative. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 1 Temp. Reso #11473 Page 3 SECTION 5: 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ."`day of,.c;Jr 08. BETH FLANSBAU-TALABISC0 6 ' Mayor ATTEST: RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO CITY CLERK DIST 1: COMM PORTNER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. i SAPVfUEVS. b6REN CITY ATTORNEY DIST 2: COMM ATKINS-GRAD'' i DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER INTERLOCAL AGREEMENT Between BROWARD COUNTY and the CITY OF TAMARAC Related to THE ANNEXATION OF CONTINENTAL PLAZA AREA AND THE WEST COMMERCIAL BOULEVARD/NW 31st AVENUE AREA This is an Interlocal Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," AND The CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter referred to as "CITY." WHEREAS, The real properties described in Exhibit A, attached hereto were annexed into CITY pursuant to Chapter 2007-294, Laws of Florida (2007); and WHEREAS, Section 6 of Chapter 2007-294, Laws of Florida (2007) anticipates an Interlocal Agreement between COUNTY and CITY related to the annexation; and WHEREAS, pursuant to Chapter 2007-294, Laws of Florida (2007), the annexation will become effective on September 15, 2008; and WHEREAS, CITY and COUNTY agree that an Interlocal Agreement related to the annexation is neither necessary nor desirable; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, and covenants hereinafter set forth, COUNTY and CITY agree as follows: 1. CITY and COUNTY agree that an Interlocal Agreement for transition of the real properties described in Exhibit A is neither necessary nor desirable and further agree that this document shall serve as the Interlocal Agreement in the event such an agreement is deemed necessary. 2. Each party agrees not to sue the other for the purpose of invalidating this Agreement and agrees not to accept any relief which invalidates this Agreement. In the event either party deems it necessary or advisable to execute or re -execute any document or documents to effectuate this Agreement, the party requested to do so shall execute or re -execute such reasonable document or documents requested by the other party within thirty (30) days of the written request. Tamarac Continental Plaza - west commercial Blvd (Annexation) Agmt.doc 3. This Agreement may be fully executed in four (4) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: Broward County through its Board of County Commissioners, signing by and through its Mayor or Vice -Mayor, authorized to execute same by Board action, and the City of Tamarac, signing by and through its Mayor and City Clerk duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, by and through its Board of County Commissioners B l� Y Bro and County or, as Mayor Ex-officio Clerk of the Broward County Board of Cpunty S9��ygt"P9x4YC9tl.g,a. �`=Day of /a'>, 2008 Commissioners ,0� .••••°"` •••, �'� Approved as to form by: Jeffrey J. Newton, County Attorney 13roward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Insurance Requiremts ."n�'' .as. ;mow Fort Lauderdale, Florida 33301 Approved by Broward bGVNl Y .-Telephone: (954) 357-7600 Risk Mana m ivision Telec ier: (95 7-7641 By. gy:.. �r-off Tamarac Continental Plaza - West Commercial Blvd (Annexation) Agmt.doc 2. INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC TO IMPLEMENT THE ANNEXATION OF PROSPECT FIELD ROAD AND CONTINENTAL PLAZA AREAS INTO THE CITY CITY ATTEST: Clerk Approved As To Form: (::� kL -City Attorney CITY OF TAMARAC, FLORIDA By: Ma -Mayor /0—day of � �/, 200V (CITY SEAL) Tamarac Continental Plaza - West Commercial Blvd (Annexation) Agmt.Clbc 3 EXHIBIT A Contiagntal Plaza Annexatim-Boundary is dgscribed as follows: A portion of Section 18, Township 49 South, Range 42 East, Broward County, Florida, more particularly described as follows: BEGIN at the intersection of a line 861.35 feet West of and parallel with the East line of the Southwest One -Quarter (SW 1/4) of said Section 18 with the South line of the North 1,011.04 feet of the Southwest One - Quarter (SW 1/4) of said Section 18, said point being on the municipal boundary of the City of Lauderdale Lakes, as established by Chapter 84- 463, Laws of Florida; Thence Easterly along said South line and said municipal boundary to the West line of the East 331.00 feet of the West 631.00 feet of the East 861.35 feet (measured at right angles) of the North 1,011.04 feet of the Southwest One -Quarter (SW 1/4) of said Section 18, said point being on the municipal boundary of the City of Lauderdale Lakes, as established by Ordinance No. 87-10 of the City of Lauderdale Lakes; Thence Northerly along said West line and said municipal boundary to the South line of the North 565 feet of the East 861.35 feet of the Southwest One -Quarter (SW 1/4) of said Section 18; Thence Westerly along said South line to a line 861.35 feet West of and parallel with the East line of the Southwest One -Quarter (SW 1/4) of said Section 18, said point being on the municipal boundary of the City of Tamarac, as established by Ordinance No. 0-81-17 of the City of Tamarac; Thence Southerly along said parallel line and said municipal boundary to the POINT OF BEGINNING, TOGETHER WITH; The South 10 feet of the North 565 feet of the West 731.35 feet of the East 861.35 feet of the Southwest One -Quarter (SW 1/4) of said Section 18. w mmri 1 lvr NW 31st &venue described follows: A portion of Section 18, Township 49 South, Range 42 East, Broward County, Florida, described as follows: BEGIN at the intersection of the North right of way line of West Commercial Boulevard with a line 53.00 feet West of and parallel with the East line of the Southeast One -Quarter (SE 1/4) of said Section 18, said point being on the municipal boundary of the City of Fort Lauderdale, as established by Ordinance No. C-72--22 of the City of Fort Lauderdale; Tamarac Continental Plaza - West Commercial Blvd (Annexation) Agmt.doc 4 Thence along said municipal boundary the following 3 courses; Thence Northerly, along said parallel line, to a line 200 feet North of and parallel with the North right of way line of West Commercial Boulevard; Thence Westerly, along said parallel line, to a line 253 feet West of and parallel with the East line of the Southeast One -Quarter (SE 1/4) of said Section 18; Thence Southerly, along said parallel line, to a point on the North right of way line of said West Commercial Boulevard, said point being on the municipal boundary of the City of Tamarac, as established by Ordinance No. 0-81-17 of the City of Tamarac; Thence Easterly along said North right of way line and said municipal boundary to the POINT OF BEGINNING. Tamarac Continental Plaza - West Commercial Blvd (Annexation) Agmt.doc 5