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HomeMy WebLinkAboutCity of Tamarac Resolution R-83-284Introduced by: v Temp. #2906 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 _7 118 19 20 21 2? 24 25 26 27 28 "A rf 32 33 34 35 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 1 2 3 4 5 i 6 7 8 9 10 11 12 13 14 15 _7 18 19 20 21 J.: 23 24 25 26 27 28 31 32 33 34 35 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. mwm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 9 '0 31 32 33 34 35 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. EXHIBIT "Alo r I I 1, 3 � met t all N W A N , Nj � tl) cor Oil CL 2111 oil S .r • j arf � `��O _ �rrr+ � � w�►ti i r w ora aD I1 ��"► xr� v{ O J y 6�u .ifN *rt x a 111004 O S C• i �•ti •�v a4� L *Z'r J wr�•a'. y• wre``za F � R illn ■ � i p�ir� F� � ~MrZr ylyr j�� ii■ �J � � Z � O � - - � ~ r r i r � i � �•• � i �ar•„�.�. r w • �w•r .0 r� vait.wi-4 all, 0 EXHIBIT "B"