HomeMy WebLinkAboutCity of Tamarac Resolution R-83-150r
Introduced by
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.R-f 3-Z!5�0
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 35 ACRES, AND THE ACCESS THERETO
CURRENTLY USED AS THE MUNICIPAL "SLUDGE FARM".
THE LAND IS NECESSARY TO BE TAKEN AND ACQUIRED
AS A USE EASEMENT THROUGH THE EXERCISE OF THE
CITY'S POWER AND RIGHT OF EMINENT DOMAIN; IN-
STRUCTING THE CITY ATTORNEY TO FILE SUCH CIVIL
ACTION AS MAY BE DEEMED NECESSARY IN THE FURTHER-
ANCE OF ACQUIRING THE EASEMENT PURSUANT TO THE
CITY'S POWER OF EMINENT DOMAIN; 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 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 Environ-
mental Production 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 transmis-
sion 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 waste-
water and disposal of its sludge, and
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 35 acres of land, and
WHEREAS, the City Council has determined that the continued opera-
tion 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
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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 TT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, 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 easement
to use the property for a sludge disposal facility for a period. up to
30 months.
SECTION 4: Necessity of Acquisition
The City Council hereby determines and finds that the acqui-
sition 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.
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,
291 in and for Broward County, Florida, in the name of the City of Tamarac,
in the exercise of the City's power of eminent domain under the consti-
tution and laws of the State of Florida, including Chapters 73, 74 and
32 127 Florida Statutes for the purpose of acquiring a use easement to
33 use the above described property, and to do all things necessary to
34 prosecute such suit to final judgment.
Ir,
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SECTION 8: That this Resolution shall be in full force and effect
immediately upon its passage and adoption.
PASSED, APPROVED AND ADOPTED this V'I)d ay of , 1983.
REPASSED, REAPPROVED AND READOPTED this/.5Aa of , 1983.
X
ATTEST:
ti
CFYC E
RECORD OF COUNCIL VOTE
MAYOR: .
DISTRICT 1:
DISTRICT 2:
DISTRICT 3:
DISTRICT 4:
I HEREBY CER FY that I
have approved the orm and
correctness of t s RESOLUTION
_ C--1 i
TY ATTORNEY
MCI=
4�evs-3 4x/r-3
SLUDGE FARM 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 Book 1,
Page 102 of the public records of Palm Beach County,
Florida, being more particularly described as follows:
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 01024'46"
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 10'07" 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
A curvilinear 20 foot wide rock base roadway generally
meandering through the north half of Land Section 8,
Township 29 South, Range 41 East from N. W. 94th Avenue
westerly to the existing right--of-way for Nab Hill Road.
EXHIBIT "A"
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EXHIBIT "B"
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