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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. -1- 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 SECTION 4.: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 -2- 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 -1K A, "APA. -3- RECORD OF MAYOR ABRAMOW;T7 DIST.11 : V f RR KATZ DIST. 2: NA, DIST. 3: pIST. 4: VOTE -� +,-2- 6 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 -2- 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