HomeMy Public PortalAboutDraft Resolution of Intent
Renee Basel
From:Susan Schoettle-Gumm <spgumm@mailmt.com>
Sent:Tuesday, November 9, 2010 9:30 AM
To:'Danny Brannon'; 'rwganger'; Bill Thrasher; 'Habib Isaac'; 'Lee Evett'
Subject:Draft Resolution of Intent
Attachments:Resol of Intent.doc
Attached please find a draft Resolution of Intent for your review in relation to the proposed Utility Undergrounding
Project. The schedule for advertising and adoption, if this works for the Town, would be as follows: advertising once each
week of Nov. 15-19, Nov. 22-26, Nov. 29 – Dec. 3, and Dec. 6-10 with the public hearing held on Dec. 17. There are a
th
number of blanks for dates, addresses, phone numbers, and signature format. If you could please insert the correct
information or provide it to me, the resolution can then be finalized. I am not clear whether the entire town will be
included in the assessment area or not. Once I am clear on that, I want to review the resolution again to make sure it is
entirely correct. The legal description can: 1) be a very detailed description of the boundaries of the area to be assessed, or
2) it may simply refer to the boundaries of the incorporated area (with a reference to adopted charter or other legal
references) and then, if applicable, exclude any areas that would not be subject to the assessment. I will send a few
comments on the Town Notice by separate email. Please feel free to give me a call or email if you have any questions.
Susan Schoettle, PLLC
Phone 941-377-4948 Cell phone 941-320-3054 Fax 941-371-8317 E-mail spgumm@mailmt.com
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1
RESOLUTION NO. ____________
A RESOLUTION OF THE TOWN OF GULF STREAM, FLORIDA
ELECTING TO USE THE UNIFORM METHOD OF
COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS
LEVIED WITHIN THE INCORPORATED AREA OF THE TOWN
AS DESCRIBED HEREIN; STATING A NEED FOR SUCH LEVY;
PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS
, the Town Commission ("Commission") of the Town of Gulf Stream,
Florida ("Town") is contemplating the imposition of non-ad valorem special assessments to fund
the cost of undergrounding overhead utility wiring in areas of the Town as identified in Exhibit
A; and
WHEREAS,
the Town intends to use the uniform method for collecting non-ad valorem
special assessments for the cost of providing such improvements to property within the
incorporated area of the Town as authorized by Section 197.3632, Florida Statutes, as amended,
because this method will allow such special assessments to be collected annually commencing in
November 2011, in the same manner as provided for ad valorem taxes; and
WHEREAS
, adoption of this Resolution is required under Section 197.3632, Florida
Statues, to allow the Commission to use the uniform method of collecting special assessments
for the utility undergrounding project that may be adopted by the Commission at a future date;
and
WHEREAS
, adoption of this Resolution does not require that the Commission adopt or
impose special assessment nor does such adoption require the Commission to proceed with the
utility undergrounding project; and
WHEREAS,
the Commission held a duly advertised public hearing prior to the adoption
of this Resolution, proof of publication of such hearing being attached hereto as Exhibit B.
NOW, THEREFORE BE IT RESOLVED:
1. Commencing with the tax statement mailed by the Palm Beach County Tax
Collector in November 2011, the Town intends to use the uniform method of collecting non-ad
valorem assessments authorized in Section 197.3632, Florida Statutes, as amended, to collect
special assessments imposed to fund the cost of undergrounding overhead utility wires. Such
non-ad valorem assessments shall be levied within the incorporated area of the Town. A legal
description of such areas that may be subject to the imposition of such assessments is attached
hereto as Exhibit A and incorporated by reference.
2. The Town hereby determines that the levy of such non-ad valorem assessments is
needed to fund the cost of providing necessary capital improvementsand related services to
underground overhead utilities, including but not limited to electric, cable, fiber optics and
telephone, within the incorporated area of the Town identified in Exhibit A.
3. Upon adoption, the Town Clerk is hereby directed to send a copy of this Resolution
by United States mail to the Florida Department of Revenue, the Palm Beach County Tax
Collector, and the Palm Beach County Property Appraiser by January 10, 2011.
4.This Resolution shall be effective upon adoption.
DULY ADOPTED
this _____ day of December, 2010.
THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA
_____________________________________
EXHIBIT A
LEGAL DESCRIPTION OF AREA FOR COLLECTION OF
NON-AD VALOREM ASSESSMENTS FOR OVERHEAD
UTILITY UNDERGROUNDING USING THE UNIFORM
COLLECTION METHOD UNDER SECTION 197.3632,
FLORIDA STATUTES
(insert legal description of area of project and special benefit)
EXHIBIT B
(insert proof of publication)
Publish in a newspaper of general circulation during the weeks of:
November 15 – 19, 2010
November 22 – 26, 2010
November 29 – December 3, 2010
December 6 – 10, 2010
NOTICE OF INTENT TO USE UNIFORM METHOD OF
COLLECTION NON-AD VALOREM ASSESSMENTS
The Town of Gulf Stream, Florida (“Town”) hereby provides notice, pursuant to Section
197.3632, Florida Statutes, of its intent to use the uniform method of collecting non-ad valorem
special assessment to be levied within the incorporated area of the Town for the purpose of
undergrounding overhead utilities, including but not limited to electrical, cable, fiber optics and
telephone, commencing with the tax statement mailed by the Palm Beach County Tax Collector
in November 2011. The Town will consider adoption of a resolution electing to use the uniform
method of collecting such assessments as authorized by Section 197.3632, Florida Statutes, at a
public hearing to be held at _______ p.m. on December 17, 2010 in Commission Chambers,
_______insert address_________. Such resolution will state the need for the levy and will
contain a legal description of the boundaries of the real property subject to the levy of the
assessments to be considered by the Commission at a future date to be established. Copies of the
resolution are on file at the Office of the Town Clerk of Gulf Stream, Florida. All interested
persons are invited to attend. Future Commission action, after a duly advertised public hearing,
will be necessary prior to the imposition of any special assessments for the utility
undergrounding project.
In the event any person decides to appeal any decision by the Town with respect to any
matter relating to the consideration of the resolution at the above-referenced hearing, a record of
the proceeding may be needed, and, in such event, such person may need to ensure that a
verbatim record of the public hearing is made, which record includes the testimony and evidence
on which the appeal is to be based. In accordance with the Americans with Disabilities Act,
persons needing a special accommodation or an interpreter to participate in this proceeding
should contact the Town Clerk’s Office at (_____)______-________, ________ days prior to the
date of the hearing.
TOWN OF GULF STREAM, FLORIDA