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Home My WebLink AboutCity of Tamarac Resolution R-2007-014Temporary Resolution #11117 January 26, 2007 Revision: 01 /29/07 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- � A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED MAIN STREET IMPROVEMENT AREA AND ADJOINING PROPERTIES WITHIN THE CITY; STATING A NEED FOR SUCH LEVY; AUTHORIZING THE CITY CLERK TO SEND A COPY OF THE RESOLUTION TO THE APPROPRIATE PARTIES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City of Tamarac, Florida (the "City") is contemplating the imposition of special assessments for the provision of proposed infrastructure improvements including but not limited to water and sewer, roads, draininage and underground utilities within the proposed Main Street Improvement Area and adjoining properties within the City; and WHEREAS, the City intends to use the uniform method for collecting non -ad valorem special assessments for the cost of providing proposed infrastructure improvements including but not limited to water and sewer, roads, draininage and underground utilities within the proposed Main Street Improvement Area and adjoining properties within the City as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2007, in the same manner as provided for ad valorem taxes; and 1 Temporary Resolution #11117 January 26, 2007 Revision: 01 /29/07 Page 2 WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A; F1=0 WHEREAS, the Director of Financial Services recommends the City move forward with the first steps in the process of creating non ad -valorem assessments to fund capital improvements for the Main Street project; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City of Tamarac that Non Ad Valorem Capital Improvement Assessments against Assessed Property located within the City of Tamarac be approved for the Fiscal Year beginning October 1, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: RATIFICATION AND CONFIRMATION. Commencing with the Fiscal Year beginning on October 1, 2007, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non -ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non -ad valorem assessments for the cost of providing proposed infrastructure improvements including but not limited to water and sewer, roads, draininage and 1 K fl Temporary Resolution #11117 January 26, 2007 Revision: 01 /29/07 Page 3 underground utilities within the proposed Main Street Improvement Area and adjoining properties within the City. Such non -ad valorem assessments shall be levied within the incorporated area of the City. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. SECTION 2: AUTHORITY. The City hereby determines that the levy of the assessments is needed to fund the proposed cost of infrastructure improvements including but not limited to water and sewer, roads, draininage and underground utilities within the proposed Main Street Improvement Area and adjoining properties within the City. SECTION 3: MAILING. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Broward County Department of Revenue Collection, and the Broward County Property Appraiser by March 1, 2007. SECTION 4: CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: SEVERABILITY. If any clause, section or other part of this resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this resolution. 3 Temporary Resolution #11117 January 26, 2007 Revision: 01 /29/07 Page 4 SECTION 6: EFFECTIVE DATE. This Annual Rate Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 14th day of February, 2007. ATTEST: F 1 / l M RA IION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY BE H ..: . MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: WM PORTNER alole DIST 2: COMM ATKINS-GRAff DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER 4 fl 1 Temporary Resolution #11117 January 26, 2007 Revision: 01/29/07 Page 5 APPENDIX A PROOF OF PUBLICATION SUN -SENTINEL Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI-DARE Before the undersigned authority personally appeared James H. Croteau who on oath says that he/she is a duly authorized representative of the Classified Department of the Sun -Sentinel, daily newspaper published in Broward/Palm Beach/Miami-Dade County, Florida, that the attached copy of advertisement, being, a . _Notice in the matter Public Hearin and intent to fJse Uniform Method for The Caflection of A Non -Ad Valorem Taz Assessmenf_in the paper in the issues of January 17, 24 31 & Februa _7 2007 _Affiant further says that the said Sun -Sentinel is a newspaper published in said Broward/Palm Beach/ Miami -Dade County, Florida, and that the said newspaper has herelofore been continuously published in said Broward/Palm Beach/Miami-Dade County, Florida, each day, and has entered as second class matter at the post office in Fort Lauderdale, in said Broward County, Florida, for a period of one year next preceding the first publication of the attached.ropy of advertisement; and aHiant says that he/she has neither paid, nor promised, any person, (irm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. Lazz ca 1� : a t v F<ti1 gnature of Affiant) Sworn to and subscrihcd before me on Febrtlar Ty�p7 A,D, (Signature of Notary Public) (Name Of Notary typed, printed or stamped) Tara �"��Y Tara L. Bezak personally ... . Commission # D0428648 x p ,rt„ N rls,cc ,Expires July 20, 2009 CITY OF TAMARAC NOTICE OF PUBLIC HEARING AND INTENT TO USE UNIFORM METHOD FOR THE COLLECTION OF A NON -AD VALOREM TAX ASSESSMENT The City Commission of the City of Tamarac, Florida, hereby provides notice, pursuant to Section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non -ad valorem special assessments to be levied upon property within the municipal boundaries of the City of Tamarac for funding the cost of Water, Sewer, and Stormwater Utilities, and Street, Sidewalk, and Landscaping Infrastructure improvements, including the placement of overhead utilities underground, within the City, specifically in the area generally considered as Main Street Phase I (along NW 57th Street, between NW 94th Avenue and Pine Island Road) commencing with the fiscal year beginning on October 1, 2007. The City Commission will consider the adoption of a resolution stating its intent to use the uniform method of collecting such assessments authorized by Section 197.3632, Florida Statutes, at a public hearing to be held at or after 7:00 p.m. on February 14, 2007, in the Commission Chambers of City Hall, located at 7525 NW 88th Avenue, Tamarac, Florida 33321. Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. All interested persons are invited to attend. Anyone wishing to appeal any decision made by the City Commission, with respect to this matter, will need a record of the proceeding and for such purpose may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based (FS 286.0105). Anyone needing auxiliary services, please contact City Clerk at least five (5) days prior to the meeting (56 Fed. Reg 35721, Sec. 35.160(b)). Temporary Resolution #11117 January 26, 2007 Revision: 01 /29/07 Page 6 APPENDIX B LEGAL DESCRIPTION SKETCH TO ACCOMPANY LEGAL DESCRIPTION LINE PARALLEL WITH AND 53.00' FAST OF THE WEST LINE OF THE SOUTHEAST 114 OF SECTION 8, TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY OF TAMARAC, HROWARD COUNTY, FLORIDA N.1P L94m-4VlrV&'g' o ' 3 2 I 10 47 1 k' (71-1) SCALE: 1 "=400' zl 4 � ? o s � I � � CANAL 5 O 7 6� C4 � e a� � 7�� 5 7�O edam �G �m 24 4 9 U f0 3 2 u I lly xR1xA Er I Uq 1 1 12 QtiU LEGEND: — P.B. — DENOTES PLAT BOOK fo 1 N PG. — DENOTES PAGE 2 O J cn � U 8 ~ 0 1I7 ai �- 6 �� 12 ff [ i R 1 13 m 14 cn 4 15 �7 4,id. z U� I chi U 17��' 2 x `° 18 ko n to acd qLncti 4�q q I 19 ! D U f 20 �lj 211-14 21 e LOCATION SKETCH PN.�P 88th AVENUE NE ISLAND ROAD EAST LINE; SOUTHEAST SECTION 8 49 5411 /4' EXHIBIT "A " SHEET 1 OF 6 SHEETS SCHWEBKE-SHISKIN & ASSOCIATES, INC. REVISIONS LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CGRPOnAi'E WAS'—MIRAMAR, EL 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER NO. 19J557 PREP D UNDER MY UPERVISION: DATE. JANUARY 9, 2007 J, _. THIS IS NOT A BOUNDARY SURVEY" RONALD A. FR:TZ, ASSISTANT VICE—PRESIDENT CERTIFICATE OF AUTHORIZATION No. LB--87 FLORIDA PROFESSIONAL LAN,) SURVEYOR No. 2767 K:\094941\CITY OF TAMARAC\LEGALS\DWG\MAIN STREET PHASE i.DWG SKETCH TO ACCOMPANY LEGAL DESCRIPTION LINE PARALLEL WITH AND 53.00' .EAST OF THE WEST LINE OF THE SOUTHEAST 114 OF SECTION B, f—TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY OF TAMARAC, BROWARD COUNTY, FLORIDA N. yY. I �94tt� 268.45' 250' i rn 10 ry Ln � o' 0 292.95' �+ O rti s 0 C1 d C/) � g m 0 4 �J a pl P I `,orl 292.95' i 250' 12 267.95' 250, 18 � ! AMME Ri or.K .3 EXHIBIT "A" SHEET 2 OF 6 SHEETS SCHWEBKE--SHISKIN & .ASSOCIATES, INC. REVISIONS LAND SURVEYORS -ENGINEERS --LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No. (954)438--3288 ORDER NO. 19J557 PREPARFD UNDER A(YWPERVISIO�l: ''77 DATE-- JANUARY 9, 2007 Va�A6 Y 0 THIS IS NOT A " BOUNDARY SURVEY" RONALD A. FRITZ, ASSISTANT VICE—PRESIDENT CER77FICATE OF AUTHORIZATION No- LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767 K: \094941 \CITY OF TAMARAC\ LEGALS\DWG\ MAIN STREET PHASE I.DWC SKETCH TO ACCOMPANY LEGAL DESCRIPTION BLOCK 10 BLOCK 4 267.95' 250' wa N 10 N I N 1 0 z� q 292. 95 , o 9 o 0 2QL o ►� 0 8 a ao 3 r\ o �o� o � � a 250.04' o 6 �a 200.0.3' Q , 13 i� cQ 6 5 0 12111 cn ,� sourH ►n W ' " 200. 00 , 14 �o �� o ,, 4 15 16 �C �: o' �-4 o I w 17 �w 2 18 � cd 292.95' 19 1 20 S �, a � w � � i ��- 222.99' 0' i 200.03' N. W. 88th AVENUE 1 SCALE: 1 "=200' PINE ISLAND ROAD EAST LINE; SOUTHEAST 114; SEC77ON 8--49-41 EXHIBIT "A " SHEET 3 OF 6 SHEETS SCH"W 13KE—SHISKIN & ASSOCIATES, INC. REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS -- 3240 CORPORATE WAY-MIRAMAR, FL 33025--_.._.....__ PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER NO. 193557 PREPARED UNDER MY SUPERVI ION: DATE. JANUARY 9, 2007 THIS IS NOT A " BOUNDARY SURVEY" RONALD A. FRITZ, ASSISTANT VICE—PRESIDENT CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767 K:\094941\CITY OF TAMARAC\ I.FGALS \ DWG \MAIN STRELT PHASE 1.DWG LEGAL DESCRIPTION TO ACCOMPANY SKETCH LOT 1 THROUGH LOT 4, INCLUSIVE, BLOCK 3, ACCORDING TO THE PLAT OF I YONS INDUSTRIAL PARK'; AS RECORDED IN PLAT BOOK 71 AT PAGE 1, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH: THE SOUTH 2O0.00 FEET OF TRACT A ', ACCORDING TO THE PLAT OF "LYONS COMMERCIAL SUBDIVISION UNIT NO. 2 AS RECORDED IN PLAT BOOK 69 AT PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. ALSO TOGETHER WITH: LOT' 3 THROUGH LOT 12, INCLUSIVE, BLOCK 4, ACCORDING TO THE PLAT OF "LYONS INDUSTRIAL PARK'; AS RECORDED IN PLAT BOOK 71 AT PAGE 1, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. FuMfoi>> olift�'l�'Z:91►111"A LOT 1, BLOCK 9, ACCORDING TO THE PLAT OF '"LYONS COMMERCIAL SUBDIVISION UNIT NO. 2 ; AS RECORDED IN PLAT BOOK 69 AT PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM: THE EAST 19.0 FEET OF SAID LOT 1, BLOCK 9, AND THE SOUTH 70 FEET OF SAID LOT 1, BLOCK 9, ALSO LESS AND EXCEPTING THEREFROM: ALL THAT PORTION OF SAID LOT 1, BLOCK 9, LYING NORTHWTERLY OF THE LONG CHORD OF AN ARC WHICH IS CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.0 FEET BEING TANGENT TO A LINE 19.0 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 1, BLOCK 9, AND TANGENT TO THE NORTH LINE OF SAID LOT 1, BLOCK 9. ALSO LESS AND EXCEPTING THEREFROM: ALL THAT PORTION OF SAID LOT 1, BLOCK 9, LYING SOUTHEASTERLY OF THE LONG CHORD OF AN ARC WHICH IS CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 35.0 FEET, BEING TANGENT TO A LINE 19.0 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 1, BLOCK 9, AND TANGENT TO THE SOUTH LINE OF SAID LOT 1, BLOCK 9, ALSO TOGETHER WITH: LOT 2 THROUGH LOT 9, INCLUSIVE, BLOCK 9, ACCORDING TO THE PLAT OF I YONS COMMERCIAL SUBDIVISION UNIT NO, 2 AS RECORDED IN PLAT BOOK 69 AT PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA. LESS AND EXCEPTING THEREFROM. THE SOUTH 7.0 FEET OF SAID LOT 2 THROUGH LOT 9, INCLUSIVE, BLOCK 9. (CONTINUED ON SHEET 5 OF 6 SHEETS) EXHIBIT "A ss SHEET 4 OF 6 SHEETS SCHWEBKE--SHISKIN & ASSOCIATES, INC. REVISIONS LAND SURVEYORS--ENGINEERS-LAND PLANNERS -- 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No. (954)438—.3288 ORDER ND. PREP ED UNDER MY SUI EERVISION- DATE: IANUARY 9 2007 ✓ �. , ;' — .. THIS IS NOT A " BOUNDARY SURVEY" RONALD A. FRITZ, ASSISTANT VICE—PRESIDENT CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767 K:\094941\CITY OF TAMARAC\LLGALS\DWG\MAIN STREET PHASL 1.0WG LEGAL DESCRIPTION TO ACCOMPANY SKETCH (CONTINUED FROM SHEET 4 OF 6 SHEETS) ALSO TOGETHER WITH: LOT 10, BLOCK 9, ACCORDING TO THE PLAT OF "LYONS COMMERCIAL SUBDIVISION UNIT NO, 2", AS RECORDED IN PLAT BOOK 69 AT PAGE 43; OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM. THE SOUTH 70 FEET OF SAID LOT 10, BLOCK 9. ALSO LESS AND EXCEPTING THEREFROM: ALL THAT PORTION OF SAID LOT 10, BLOCK 9, LYING SOUTHWESTERLY OF THE LONG CHORD OF ARC WHICH IS CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.0 FEET, BEING TANGENT TO THE WEST LINE OF SAID LOT 10, BLOCK 9, AND TANGENT TO A LINE 7.0 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 10, BLOCK 9. ALSO TOGETHER WITH LOT 1, BLOCK 10, ACCORDING TO THE PLAT OF, "LYONS COMMERCIAL SUBDIVISION UNIT NO. 2", AS RECORDED IN PLAT BOOK 69 AT PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM: THE SOUTH 70 FEET OF SAID LOT 1, BLOCK 10. ALSO LESS AND EXCEPTING THEREFROM: ALL THAT PORTION OF SAID LOT 1, BLOCK 10, LYING SOUTHEASTERLY OF THE LONG CHORD OF ARC WHICH IS CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.0 FEET, BEING TANGENT TO THE EAST LINE OF SAID LOT 1, BLOCK 10, AND TANGENT TO A LINE 7.0 FEET NORTH OF AND PARALLEL WITH THE. SOUTH LINE OF SAID LOT 1, BLOCK 10, ALSO TOGETHER WITH: LOT 2 THROUGH LOT 9, INCLUSIVE, BLOCK 10, ACCORDING TO THE PLAT OF, I YONS COMMERCIAL SUBDIVISION UNIT NO. 2', AS RECORDED IN PLAT BOOK 69 AT PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM: THE SOUTH 70 FEET OF SAID LOT 2 THROUGH LOT 9, BLOCK 10. (CONTINUED ON SHEET 6 OF 6 SHEETS) EXHIBIT "A " SHEET 5 OF 6 SHEETS SCHWPEBKE-SHISKIN & ASSOCIATES, INC. REVISIONS LAND SURVEYORS —ENGINEERS —LAND PLANNERS - 3240 CORPORATE WA{—MIRAMAR, FL 33025 PHONE No.(954)435--7010 FAX No. (954)438-3288 ORDER NO. 19J557 PREP4KOD UNDER UY UP Sl N. 1T DATE. _ ✓ANUARY 9, 2007 &y it THIS IS NOT A " BOUNDARY SURVEY" RONALD A. FRITZ, ASSISTANT VICE—PRESIDENT CERTIMATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767 K:\094941\CITY OF IAMARAC\LEGALS\DWG\MAIN STREET PHASE 1.DWG LEGAL DESCRIPTION TO ACCOMPANY SKETCH (CONTINUED FROM SHEET 5 OF 6 SHEETS) ALSO TOGETHER WITH: LOT 10, BLOCK 10, ACCORDING TO THE PLAT OF "L YONS COMMERCIAL SUBDIVISION UNIT NO, 2 ", AS RECORDED IN PLAT BOOK 69 AT PAGE 43; OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM - THE SOUTH 7.0 FEET OF SAID LOT 10, BLOCK 10, ALSO LESS AND EXCEPTING THEREFROM: ALL THAT PORTION OF SAID LOT 10, BLOCK 10, LYING SOUTHWESTERLY OF THE LONG CHORD OF AN ARC WHICH IS CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.0 FEET, BEING TANGENT TO THE WEST LINE OF SAID LOT 10, BLOCK 10, AND TANGENT TO A LINE 7.0 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 10, BLOCK 10. ALL OF THE FOREGOING LYINC AND BEING IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. NOTES: THIS SKETCH AND LEGAL DESCRIPTION IS BASED ON RECORDED INFORMATION TAKEN FROM THE HEREIN REFERENCED PLAT BOOK AND PAGES AND FROM OFFICIAL RECORDS BOOK 7462 AT PAGES J26 THROUGH ,334, INCLUSIVE, AND OFFICIAL RECORDS BOOK 7462 AT PAGES JJ9 THROUGH 565, INCLUSIVE, ALL OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. ORDERED BY: THE CITY OF TAMARAC. AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. EXHIBIT "A" SHEET 6 OF 6 SHEETS SCHWEBKE-SHISKIN & ASSOCIATES, INC. REVISIONS LAND SURVEYORS--ENGINEERS--LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER NO. 193557 PREP D U.NDLT, W SU SIOf1 --- DATE _JANUARY 9, 2007 L� rv-- THIS IS NOT A 13OUNDARY SURVEY" RONALD A. FRITZ ASSISTAIIT VICE—PRESIDENT CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767 K:\094941\CITY OF TAMARAC\LF_GALS\DWG\MAIN STREET PHASE 1.DWG