HomeMy WebLinkAboutCity of Tamarac Resolution R-94-220Temp. Reso. #6876
Revision #1 - 10/25/94
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-94-- ��d
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A SETTLEMENT AGREEMENT WITH THE
DEPARTMENT OF NATURAL RESOURCE PROTECTION TO
PAY A FINE IN THE AMOUNT OF $2,035.00 AS A
RESULT OF A VIOLATION OF SECTION 27-315(D) OF
THE BROWARD COUNTY CODE OF ORDINANCES; APPROVE
THE TRANSFER OF FUNDS FROM ACCOUNT NO. 001-
193-519-620 ENTITLED "BUILDINGS" AND PLACED
INTO ACCOUNT NO. 001-193--519-491 ENTITLED
"RECORDING/FILING"; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
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 approve and execute a Settlement
Agreement with the Department of Natural Resource Protection in the
amount of $2,035.00 as a result of a violation of Section 27-315(d)
of the Broward County Code of Ordinances.
WHEREAS, it is the recommendation of the Director of Public
Services that this Settlement Agreement between the City of Tamarac
and the Department of Natural Resource Protection be approved and
executed.
NOW, THEREFORE, BE IT RESOLVED BY THE 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.
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Temp. Reso. 6876
Revision #1 - 10-25/95
SECTION 2: That the appropriate City Officials are hereby
authorized to accept and execute a Settlement Agreement with the
Department of Natural Resource Protection a copy of said agreement
being attached hereto as "Exhibit "1".
SECTION 3: That the City Commission approve the transfer
of funds from Account No. 001-193-519-620 entitled "Buildings" and
placed into Account No. 001-193-519-491 entitled "Recording/Filing"
to fund the payment of the fine.
SECTION 4.: All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
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 portion or applications of
this Resolution.
1
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Temp. Reso. 6876
Revision 11 - 10/25/94
SECTION_6: This resolution shall become effective immediately
upon adoption.
PASSED, ADOPTED AND APPROVED this �-day of ,
1994.
ATT ST:
VOL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to fo m'.�- /f [A o
"`
MITCHELL S. KRAFT
CITY ATTORNEY
10/94
;JTN f 'V
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RECORD OF
MAYOR
ABRAMOW;T7
DIST.11 :
V f RR KATZ
DIST. 2:
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DIST. 3:
pIST. 4:
VOTE
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BEFORE BROWARD COUNTY BOARD OF COMMISSIONERS
Broward County Department of Natural Resource Protection
VS
CITY OF TAMARAC
Case No. CV-03291994-7835
Respondent Notice of Violation # 22344
SETTLEMENT AGREEMENT
This cause having been set for Hearing before a Hearing Examiner on
October 28, 1994 to determine whether or not the Respondent,
the City of Tamarac, violated Section 27-315(d) which states "no
owner and /or operator of a motor vehicle fuel service station,
whose monthly output exceeds ten thousand (10,000) gallons in any
0 one (1) calendar month, may transfer or allow the transfer of
gasoline to a vehicular fuel tank unless the station is equipped
with a Stage II vapor recovery collection system..." of the
Broward County Code of Ordinances on March 29, 1994 at 7515 N.W. 88
Avenue, Tamarac, Florida.
The Respondent admits that it has violated Section 27-315(d)
of the Broward County Code of Ordinances by dispensing gasoline
without having installed a Stage II vapor recovery collection
system.
It having been agreed by the Respondent to dispense with the
Hearing and enter into this Agreement, it is agreed that the
Respondent shall pay a Civil Penalty of $1800.00 and costs of
0 $235.00 for a total of $2g35.00. Failure to pay the agreed amount
C]
0
is
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Case No. CV-03291994-7835
Notice of Violation No. 22344
within 30 days from the date of the Agreement will result in
further legal action being taken.
Mitigation or Enhancement:
The Respondent has installed the Stage II vapor recovery system as
required.
This Settlement Agreement is not final nor shall it be deemed
accepted until approved by the Broward County Board of County
Commissioners. Respondents acknowledge that this has been explained
and that they acknowledge that this is a proposal that is final
only upon acceptance by the Broward County Board of County
Commissioners.
DONE AND ORDERED this day of 1994.
FOR AND BY DIRECTION OF BROWARD COUNTY
SYLVIA POITIER
CHAIR
Respondent Name: a ,6M 0W r 7r
/ (Please print)
Signature: ' T
Soc. Sec. No.:
or Tax I.D. No.
Fed. # 59-75-0022K
Company: City oz '.-'amarac
Title: Mayor
Agreed to 26 day of _
October
1994.
0 -3-
Case No. CV-03291994-7835
Notice of Violation No. 22344
Approved for Legal Sufficiency
Assistant County Attorney
Enforcement Administrator
Prepared by:
Enforcement Administration
DO NOT send payment until you have received notice of this
agreement being finalized. Make check payable to Board of County
Commissioner. Mail to Department of Natural Resource Protection,
218 S.W. 1st Avenue, Ft. Lauderdale, FL 33301.
40