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Home My Public Portal AboutRES 10/08RESOLUTION NO. 010 - 8 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 adoption of this Resolution 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 is 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 improvements and related services to underground overhead utilities, including but not limited to electric, cable, fiber optics and telephone, within the incorporated area of the Town as identified in Exhibit A. 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. PASSED AND ADOPTED this 10th day of December, 2010. V1 Fk P,.,- MAYOR TOWN OF GULF STREAM, FLORIDA r � COMMISSIONER (SEAL) COMMISSIONER ATTEST: C MISSIONER TOWN CLERK 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 Commencing at a point where the north line of Lot 17 of the Benson Brothers' plat, as recorded in Plat Book 3, page 27, Palm Beach County public records, extended intersects the center line of the Intracoastal Waterway Canal as now constructed; thence East along the North line of said Lot 17 of said Benson Brothers' plat to the intersection of the North line of said Lot 17 with the West line of Government Lot 2 in Section 34, Township 45 South of Range 43 East; thence South along the East line of Lot 17 and said Government Lot 2 in said Section 34, Township 45 South of Range 43 East¢for a distance of 703 feet thence Easterly to a point which is 100 feet East of the West line of Government Lot 2 in Section 34, Township 45 South of Range 43 East; thence South along a line which is 100 feet South of and parallel to the West line of Government Lot 2 in Section 34, Township 45 South of Range 43 East for a distance of 298 feet; thence West 100 feet to the intersection with the West line of Government Lot 2 in Section 34, Township 45 South of Range 43 East; thence South to the Township line between Townships 45 South and 46 South; thence East along said Township lines to the intersection of the Township lines and the Atlantic Ocean; thence South meandering the shore of the Atlantic Ocean to a point where the South line of Lot 16 of Block D of the revised plat of Blocks D and E, Palm Beach Shore Acres, as recorded in Plat Book 7, page 38, Palm Beach County public records, intersects the shore of the Atlantic Ocean; thence West along the South line of said Lot 16, Block D, to a point where the South line of said Lot 16 extended West intersects the West line of the Ocean Boulevard as now laid out and in use, through Sections 9 and 10, Township 46, South, Range 43 East; thence Southerly along the West line of said Ocean Boulevard to a point which is 10 feet South of the South line of Lot 17 -A, Block D, of the revised plat of Blocks D and E of Palm Beach Shore Acres as recorded in Plat Book 7, page 38, Palm Beach County public records; thence West along a line which is 10 feet South of and parallel to the South line of said Lot 17 -A, to the South line of Lot C, Block D, of the revised plat of Blocks D and E, Palm Beach Shore Acres as recorded in Plat Book 7, page 38, of Palm Beach County public records; thence West along the South line of Lot C to the Southwest corner of Said Lot C; thence continuing West along the South line of said Lot C extended to a point where said South line of Lot C extended intersects the center line of the Intra- coastal Waterway, as.now laid out and in use; thence in a Northerly direction along the center line of said Canal, as now laid out and in use, TO THE POINT OF BEGINNING. EXHIBIT A (continued) / / / / I r _ 5 y _ a y i w t4�t f WE I 1 � 5 bi � 17T r i s V 1 � M v _ 5 O i _ a y i w t4�t f WE I 1 � 5 � � r i s f�." ,- t4�t � � r � s cwr,N, f�." ,- EXHIBIT B NOTICE OF PUBLIC HEARING (insert proof of publication) THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter Chapter 197 was published in said newspaper in the issues of November 15, 22, 29 & December 6, 2010. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she /he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin, St. Lucie and Indian River Counties. Is Sworn to and subscribed before 6`h day of December, A.D. 2010. Who is personally known to me. 1ph W I NOTARY PUBLIC -STATE OF FLORIDA ,*' °..... Karen AL Mcl inton `,,- Commission DD832672 NOV,15, 2012 B=M) MU An A?MC BON110G CO, ING NO. 5661080 NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTION NON -AD VALOREM ASSESSMENTS The Town of Gulf Stream, Florida ( "Town ") hereby Provides notice, ppur- suant to Section 197,3632, Florida Stat- utes, 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 ofundergrounding over- head 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 uni- form method of collecting such ssess- ments as authorized by Sectid�n 197. 3632, Florida Statutes, at a public hearing to be held at 9:00 a.m. on December 10, 2010 in the Town Com- mission Chambers, 100 Sea Road, Gulf Stream, Florida. Such resolution will state the need for the levy and will con- tain a legal description of the bound- aries of the real property subject to the levy of the assessments to be consid- ered 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 imposi- tion of any special assessments for the utility undergrounding project. In thf 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 spe- cial accommodation or an interpreter to participate in this proceeding should contact the Town Clerk's Office at (561)276.5116, five days prior to the date of the hearing TOWN OF GULF STREAM, FLORIDA PUB: The Palm Beach Post November 15, 22, 29, & Dec. 6, 2010