HomeMy WebLinkAboutCity of Tamarac Resolution R-73-029r
CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
BE IT RESOLVED BY THE COUNCIL OF THE City
of Tamarac, Florida:
SECTION 1:
That the City Attorney for the City of
Tamarac is hereby authorized and instructed to enter into a
certalai stipulation on behalf of the City of Tamarac for the
purpose of determining the litigation of the following suit:
"LEADERSHIP HOUSING SYSTEMS, INC.
and SIMON ZUNAMON, as Trustee,
Plaintiffs,
-vs-
THE CITY OF TAMARAC, a municipal
corporation of Florida,
Defendant."
in the Circuit Court of the Seventeenth Judicial Circuit,
Case No. 72-11731.
SECTION 2: That the City Attorney is hereby authorized
and instructed to do all things necessary in pursuance to the
attached Order, a copy of which Order is incorporated herein and
specifically made a part of this Resolution.
PASSED, ADOPTED AND APPROVED THIS
t i DAY OF 19 73 .
ATTEST: MAYOR
UITY CLERK
RECQRD OF COUNCIL VOTE
Mayor Se, --
Vice "" r. mge
Cc Ja;7nson.-..�.
Shultz �.._._
Councilman Socker, ��"�
IF
EMEP50N ALLSWORTH
RAYMONO A. 9tlUMAR
HENRY R SCHULER, JR.
MICHAEL J. PAOULA
C.WILLIAM LAY5TROM
THOMAS E. CAZEL
ROBERT A- WHITE
LAW OFFICES
ALLSWOR u, DoumLsR & SCHULER
SUITE 412 BLOUNT BUILDING
25 EAST LAS OLAS BOULEVARD
CABLE ADDRESS
FORT I..AIIDERI)A ).7:, FLORIDA :33:7()1
MADSRE
TELEPHONE
April lb, 1973
525-3441
Mrs. Peggy Twichell
City Clerk
Tamarac City Hall
5000 Rock Island Road
Tamarac, Florida
Dear Mrs. Twichell:
Enclosed is a certified copy of the Order entered by Judge Minnet
this past Friday.
Sincerely yours,
K-�
EMERSON ALLSWORTH
EA:pa
Enclosure
cc: Mr. Robert Castenholtz
IN THE CIRCUIT COURT OF TIME SEVENTEENTH
JUDICIAL CIRCUIT, IN AND FOR BROvVARD
COUNTY, FLORIDA.
N{.J. 72 -11731
LEA.F." ;RSHIP HOUSING SYSTEMS, )
ENTC. SIMON ZUNAMON, as
Tr us
Plaintiffs, )
VS. )
THE CITY OF TAMARAC, a municipal )
corporation of Florida,
Defendant.
)
ORDER
THIS CAUSE coming on to be heard for Final Hearing and the Court
having considered the pleadings filed in this cause together with the Stipulation
filed herein and having heard argument of counsel and being fully advised in
the premises, it is hereby,
ORDERED and ADJUDGED as follows:
1. That the lands referred to in the Amended Complaint are hereby
determined to be within the municipal boundaries and a part of the City of
Tamarac and are described as follows
All of Sections 4, 5 and 6, Township 49 South, Range 41
East and that part of Sections 31, 32, 33 and 34, Town -
ship 48 South, Range 41 East, lying South of the South
Right -of --Way line of Canal C --14 of Central and Southern
Florida Flood Control District and West of the West line
of the East 2, 257 feet of said Section 34.
2. That said lands are subject to Broward County ordinances, rules
and regulations in effect on December 31, 1972, including but not limited to
zoning requirements, density maximums, platting requirements, site planning,
height limitations of no more than four stories or five stories should one story
. ♦.
I
be fully utilized for parkin;, set bath requirements, sea wall or buJki , :-Id
menrs, lot s izc and other county development requirements excepting
3rn-;nrr kxhere applicable City ordinances shall apply and exce tzrlg that as to
� rP J p
the lards described in paragraph number twvelve of the Amended Complaint
the City of Tamarac density maxi.-,1.ums as of December 31, 1972, shall be
in zorce and effect but otherwise the County requirements shall prevail.
3. That the City of Tamarac shall process applications pertainuzg
to said lands in an appropriate and reasonable manner without undue delay and
shall receive the building permit income and other income from any such
applications commencing with the date of this Order including municipal ad
valorem tax income which ad valorem tax income shall accrue to the City
with the taxable year beginning January 1, 1974, except that as to the. lands
described in paragraph number twelve of the Amended Complaint the
municipal ad valorem tax income shall include the taxable year beginning
January 1, 1973. However, since there was no appropriate City of Tamarac
or County of Broward ordinance in effect as of December 31, 1972, pertaining
to any form of impact assessment or other per unit or density tax or assess -
Mont, then the City of Tamarac shall not attempt to assess or collect any such
assessment on said lands. Said provision is appropriate due to the delays
experienced by the Plaintiffs herein and the monies expended on improvements
of a regional impact nature.
4. That the injunction heretofore entered by the Court in this cause
be and the same is hereby dissolved and of no further force and effect.
S. That this Court retain jurisdiction of the parties and their
successors hereto and others similarly situate and of the subject matter
hereof for purposes of enforcing the provisions of this Order.
DONE and ORUDFRM this ud y of 1973)
at Fort Lauderdale, F iorida.
F. MINNET
C:IRCU I1' JUDGE:
Copies Furnished Counsel
-3-
'j,
STATE OF FLORIDA
gROWARD COUNT
I HEREBY CERTIFYthat the above
and foregoing in is a tru rid correct copy of
------_ w.._ -n OfTice. t of FORT
L.S i �•I �1�y
my hand and Official. Seal in the Aye 19
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FL�A. thi EFT rk of Court