HomeMy WebLinkAboutCity of Tamarac Resolution R-83-284Introduced by: v
Temp. #2906
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC,
FLORIDA, DECLARING THE NEED TO ACQUIRE A PARCEL OF LAND
LOCATED ON TRACTS 26, 27 AND A PORTION OF TRACT 25 OF
SECTION 7, SAID LAND BEING APPROXIMATELY 36 ACRES, AND
THE ACCESS THERE'M CURRENTLY USED AS THE MUNICIPAL
"SLUDGE FARM". THE LAND IS NECESSARY TO BE TAKEN AND
ACQUIRED AS A USE EASEMENT THROUGH THE E)=ISE OF THE
CITY'S POWER AND RIGHT OF EMINENT DOMAIN; INSTRUCTING
THE CITY ATI PbW TO FILE SUCH CIVIL ACTION AS MAY BE
DEEMED NECESSARY IN THE DANCE OF ACQUIRING THE
` EASEMENT PURSUANT TO THE CITY'S POWER OF EMINENT
DOMAIN, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac operates and maintains a Western
Wastewater Treatment Plant located West of University Drive and North of
Commercial Boulevard; and
WHEREAS, the City of Tamarac has disposed of the effluent from said
treatment plant by way of spray irrigation for over ten (10) years; and
WHEREAS, a by --product of a treatment process is sludge, which must
be disposed of in conformance with rules established by the Florida Department
of Environmental Regulations and the United States Environmental Protection
Agency; and
WHEREAS, the City has had a Large User Agreement with Broward County
for the treatment of its wastewater and disposal of its sludge since 1978,
but the County has failed to provide the transmission facilities to the
Tamarac West Plant, which would allow for transmission of the wastewater to
the Broward County Plant, thereby requiring the City to continue to operate
its wastewater treatment facilities and its sludge disposal facilities; and
WHEREAS, Broward County is currently restudying the Tamarac system
in order to finalize a 201 Plan for the treatment of Tamarac's wastewater
and disposal of its sludge; and
Temp. # ' 2906
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WHEREAS, the sludge disposal is currently handled at a site located
on Tracts 26, 27 and a portion of Tract 25 in Land Section 7 in the City of
Tamarac, said parcel being approximately 36.5 acres of land; and
WHEREAS, the City Council has determined that the continued
operation and use of the sludge disposal facility is a proper public purpose
and a public necessity for the residents of the City of Tamarac, and the
residents have a clear interest in the continued operation of the facility; and
WHEREAS, the terms and manner of the operation and maintenance of
the disposal facility are fixed definite and within the control of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMA AC, FLORIDA:
SECTION 1: Public Purpose
All of the representations made above are true and correct.
SECTION 2: Description'of Property to be Acquired
The legal description of the property to be acquired, and the legal
description of the access of the property to be acquired is set forth on
Exhibit "A" attached hereto. In addition, a survey sketch of the property
to be acquired is hereby attached as Exhibit "B".
SECTION 3: Interest to be Acquired
The interest to be acquired is determined to be an easenent to use
the property for a sludge disposal facility for a period up to thirty-six (36)
months.
SECTION 4: Necessity of Acquisition
The City Council hereby determines and finds that the acquisition of
the above described property is necessary for the stated public purpose set
forth herein.
SECTION 5: No mobile home is located on the property sought to be
acquired.
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Temp. #2906
SECTION 6: Conditions
Any and all conditions precedent to the acquisition of the above
described property have been performed or have occurred.
SECTION 7: In furtherance of the findings of the City Council set
forth above, the City Attorney hereby is authorized and directed to institute
a suit in the Circuit Court for the 17th Judicial. Circuit, in and for
Braward County, Florida, in the name of the City of Tamarac, in the exercise
of the City's power of eminent domain under the constitution and laws of the
State of Florida, including Chapters 73, 74 and 127 Florida Statutes for the
purpose of acquiring a use easement to use the above described property, and
to do all things necessary to prosecute such suit to final judgment.
SECTION 8: That any portion of Resolution R-83--150 in conflict
with this Resolution is hereby repealed.
SECTION 9 This Resolution shall became effective immediately
upon adoption.
PASSED, ADOPTED AND APPROVED this _g�day of &-F7tW-� , 1983.
ATTEST:
1 1 "OA I
-V1.
I EMMY CERTIFY that I have
approved the form and correct -
RECORD OF COUNCIL VOTE
MAYOR FALCK: _. 4�2,
DIS- f. I: C 0 A K R.AVITZ:
DIET...: "? R:
DIET. 4. C/M i�.RANTZ. o�
MW
SLUDGE FAR4 DESCRIPTION
Tracts 26, 27 and a portion of Tract'25 of Section 7,
Township 49 South, Range 41 East of FLORIDA&FRUITLANDS
COMPANY'S SUBDIVISION No. 2 as recorded'in Plat Hook 1,
,page 102 of the public records of Palm.Beach County,
Florida, being more particularly described as.followss
Commencing at the southeast corner of said Section 7,
thence north 01024146" W along the east line of said
Section 7, a distance of 659.78 feet to the point of
beginning of this description; continue north 01024/460
w along the last described course a distance of 1400 feet,
thence south 89010116" W a distance of 1082.62 feet,
thence south 01004145" E a distance of 1400 feet, thence
north 89 10107" E along the south line of Tract 27 a
distance of 1090.74 feet to the point of beginning, less
the east 15 feet for road right-of-way,
DESCRIPTION OF ACCESS TO SLUDGE FARM
"be Fast 50 feet of the ;test 100 feet of the South 1000 feet
Of sand Section 8 Rbwnship 49 South Swop 41 Dot as ro=ded
in the Plat of Fart Lmx rdals Truak Fmtaans, Plat Book 4, pep
31 of the Br air d (burity Nenords, togethikr with the North
100 feet of the South 1800 feet of the wriest 50 feet of the
aforesaid Section 0; these larlds 00ntaixing 2.1 acres m=e
or less.
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EXHIBIT "B"