HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-162Temporary Resolution # 11311 — October 16, 2007
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007-/�2
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, REPEALING
RESOLUTION R2007-150 RELATING TO THE MAIN
STREET (PHASE 1) ASSESSMENT AREA;
DIRECTING THAT THE ASSESSMENTS
AUTHORIZED BY RESOLUTION 2007-150 BE
CANCELLED, AND THAT THE SPECIAL
ASSESSMENTS BE REMOVED FROM THE TAX
BILLS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2007; DIRECTING THAT A COPY OF
THIS RESOLUTION SHALL BE DELIVERED TO THE
BROWARD COUNTY REVENUE COLLECTION
DIVISION, THE BROWARD COUNTY PROPERTY
APPRAISER'S OFFICE AND ASSESSED PROPERTY
OWNERS; AUTHORIZING AND DIRECTING CITY
ADMINISTRATION TO EFFECTUATE THE TERMS
OF THIS RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 14, 2007, the City Commission conducted a public
hearing and adopted Resolution R2007-150 which imposed, levied and authorized the
collection of a special assessment to fund the construction of local improvements for the
Main Street (Phase 1) Assessment Area; and,
WHEREAS, prior to the September 14, 2007, public hearing, the City Commission
had adopted no less than two previous resolutions, including the Intent Resolution adopted
on February 14, 2007, after a public hearing for which notice was published for four (4)
consecutive weeks; and,
WHEREAS, the Main Street Project had been developed over several years, with
the input of affected property owners, and had included previous zoning hearings and
amendments which were unopposed by property owners in the area; and,
Temporary Resolution # 11311 — October 16, 2007
Page 2
WHEREAS, in order to effectuate the Main Street Project, including the installation
and construction of infrastructure and improvements necessary to develop the property
consistent with the rezoning and the Main Street Project, the City considered funding
mechanisms, and determined that the properties that would be directly benefited should
fund the infrastructure and improvements necessary to develop them; and,
WHEREAS, the first time the City received significant opposition to the Main Street
Project, and the City's activities to facilitate development over several years, was when the
preliminary assessment notices, which contained the proposed assessment amounts, were
mailed to the property owners; and,
WHEREAS, the City Commission has continued to review the assessment, and
consider public comments and concerns of affected property owners, as well as the City as
a whole, and believes it to be in the best interest of the City at this time to repeal
Resolution R2007-150, and cancel the special assessment.
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.
SECTION 2: The City Commission of the City of Tamarac, Florida hereby
Meals Resolution R2007-150 in its entirety, and cancels the levy, collection and
enforcement of the special assessments imposed by such resolution.
SECTION 3: The City Commission authorizes and directs that the Broward
County Revenue Collection Division remove the special assessment from the tax bills for
the Fiscal Year commencing October 1, 2007; or, in the alternative, in the event the Tax
1
1
1
Temporary Resolution # 11311 — October 16, 2007
Page 3
Bills have been printed and mailed, that revised bills be prepared and mailed, and
payments of the assessment not be collected or enforced by the Tax Collector.
SECTION 4. The City Administration is directed and authorized to take all
actions necessary steps to implement the terms of this Resolution, including
correspondence and filing of forms with the Broward County Revenue Collection Division,
and continuing review of the financial aspects of the project.
SECTION 5: A copy of this Resolution shall be delivered to the Broward
County Revenue Collection Division and Broward County Property Appraiser's Office
immediately upon approval, and provided to assessed property owners by first class U.S.
AIT-M
SECTION 6: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: 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.
11
1
1
SECTION 8:
passage and adoption.
Temporary Resolution # 11311 — October 16, 2007
Page 4
This Resolution shall become effective immediately upon its
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS /4 DAY OF OCTOBER, 2007.
ATT ST:
ti MARION St9 OsbN, CIVIC
CITCCLERK
I -HEREBY CERTIFY
that f have approved this
RE LUTION as to form.
VI*w At, ?Idb o',.
C Y AT OR T I
CITY OF TAMARAC, FLORIDA
i
B. TALABISCO
M. SULTANOF
E. PORTNER-
P. ATKINS-GRAD
H. DRESSLER-'
e
SSG:MDC
H:\2005\050164 TAMARAMMain Street\Main Street Abatement.doc