HomeMy Public PortalAboutRES 12/01RESOLUTION NO. 012-1
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 ") has adopted 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 2012, 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 was approved by the Commission; and
WHEREAS, the boundary of the Town has changed with an annexation approved in
accordance with state law in 2011 and this Resolution of Intent is adopted to clearly include the
newly annexed area within the legal description of the Town for the imposition of non -ad
valorem special assessments on the November, 2012 ad valorem tax bill; 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 2012, 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.
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 March 1, 2012. Evidence of
consent by the Palm Beach Tax Collector and the Palm Beach Property Appraiser for adoption
prior to March 1 is attached hereto as Exhibit C.
4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED this 1�'�h day of February, 2012.
OR
ATTEST:
TOWN OF GULF STREAM, FLORIDA
Comm A A wl
I SIONER
(SEAL)
COMMISSIONER
TOWN CLERK
r�
COMMISSIONER
EXHIBIT A
LEGAL DESCRIPTION OF TOWN
FLORIDA FOR COLLECTION OF
ASSESSMENTS FOR OVE]
UNDERGROUNDING USING
COLLECTION METHOD UNDER
FLORIDA STATUTES
OF GULF STREAM,
NON -AD VALOREM
1HEAD UTILITY
THE UNIFORM
SECTION 197.3632,
Beginning at a point where the north line of Lot 17 of Benson Brothers plat, as recorded in Plat
Book 3, page 27, Palm Beach County public records, extended intersects the centerline of the
Intracoastal Waterway Canal as now constructed; thence Easterly along the North line of said
Lot 17 and the Easterly projection of the North line of Lot 17 of said Benson Brothers plat to the
intersection with the West right -of -way line of State Road A -1 -A (being a 66 foot road right -of-
way) as now laid out and in use; thence Southerly along said West right -of -way line to the
intersection of the South line of the North 1569.0 feet of Government Lot 2 in Section 34,
Township 45 South, Range 43 East, Palm Beach County, Florida; thence Easterly along the
South line of the North 1569.0 feet of said Government Lot 2 to the intersection of the shore of
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 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, said point also being on the
Northerly projection of the East line of Lot 25, Model Land Company's Subdivision in Section
9, Township 46 South, Range 43 East, as recorded in Plat Book 8, page 40, public records of
Palm Beach County, Florida; thence Southerly, along the Northerly projection and the East line
of said Lot 25 to a point 79.4 feet Southerly of the Northeast corner of said Lot 25, said distance
being measured along the East line of said Lot 25; thence Westerly parallel to the North line of
said Lot 25, a distance of 133 feet; thence Southerly parallel to the East line of said Lot 25 to the
intersection of the Easterly projection of the South line of Lot 9, Driftwood Landing, as recorded
in Plat Book 30, pages 231 and 232, public records of Palm Beach County, Florida; thence
Westerly, along the Easterly projection of the South line of said Lot 9, the South line of said Lot
9, the Westerly projection of the South line of said Lot 9, the South line of Lot 10 of said plat of
Driftwood Landing and the Westerly projection of the South line of said Lot 10 to the
intersection of the centerline of the Intracoastal Waterway as now laid out and in use; thence in a
Northerly direction along the centerline of said Intracoastal Waterway as now laid out and in use
to the Point of Beginning.
EXHIBIT B
NOTICE OF PUBLIC HEARING
(insert proof of publication)
NOTICE OF INTENT TO USE UNIFORM METHOD OF
COLLECTION NON -AD VALOREM ASSESSMENTS
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA No. 6a7LIC H
COUNTY OF PALM BEACH NOTICE NT PUBLIC HEARING
NOTICE OF INTENT TO USE UNIFORM
METHOD OF COLLECTION NON -AD
Before the undersigned authority personally appeared Ellen Sanita, who on oath The Town OoffEG lfStream, Florida
( "Town ") hereby provides notice, pur-
says that she is Call Center Revenue Manager of The Palm Beach Post, a daily suant to Section 197.3632, Florida gtat-
utes, of its intent to use the uniform
and Sunday newspaper, published at West Palm Beach in Palm Beach County, method of collecting non -ad valorem
special assessment to be levied within
Florida; that the attached copy of advertising for a Notice in the matter Chapter the incorporated area of the Town for
the purPosa ofundergrounding over -
197 was published in said newspaper in the issues of January 16�, 30, & head utilities, including but not limited
to electrical, cable, fiber optics and
February 6, 2012. Affiant further says that the said The Post is a newspaper telephone, commencing with the tax
statement mailed by the Palm Beach
published at West Palm Beach, in said Palm Beach County, Florida, and that the County Tax Collector in November
2012, The Town will consider adoption
said a news er has heretofore been continuous) published in said Palm Beach of a resolution electing to use the uni-
form method of collecting such assess -
Count , Florida, daily and Sunda and has been entered as second class mail , Florida authorized Section 197.
County, y y 3 3632632, Fl Statutes, at a public
matter at the post office in West Palm Beach in said Palm Beach County, hearing , held ow a.m, Feb -
> + ruary 10, 2011 2 in the a Town Commission
Florida, fora period of one year next preceding the first publication of the Chambers, 100 Sea Road, Gulf Stream,
P Y P g p Florida. Such resolution states the
need for the levy and contains a legal
attached copy of advertisement; and affiant further says that she /he has neither description of the boundaries of the
real property subject to the levy of the
paid nor promised any person, firm or corporation any discount rebate, assessments. Copies of the resolution
are on file at the Office of the Town
commission or refund for the purpose of securing this advertisement for Clerk of Gulf Stream, Florida. All inter-
ested persons are invited to attend.
publication in the said newspaper. Also published in Martin and St. Lucie Future Commission action, after a duly
COUnt1eS. advertised public hearing, will be nec-
essary 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
ublic hearing is made, which record
Sworn to and subscribed before 6"' day of February, A.D. 2012. ncludes tf . testimony and evidence on
which the appeal is to be based. In
Who is personally known to me. 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
Rita Taylor, Town Clerk
January 16 23, 30 & February 6, 2012
NOTARY PUBLIC -STATE OF FLORIDA
...... Karen Karen M. McLlnton
Q+.....•� . Commission # DD832672
-Ars Expires: NOV 15, 2012
T r I it EDT, ATt.AN riC flONMG Co, INC.
EXHIBIT C
CONSENT LETTERS FROM PALM BEACH TAX
COLLECTOR AND PALM BEACH PROPERTY APPRAISER
January 10, 2012
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
Please accept this letter as consent from the Office of the Palm
Beach County Property Appraiser to allow the Town of Gulf Stream
to adopt a resolution of intent at a public hearing to be held
between January 1, 2012 and March 1, 2012 to use the uniform method
of collection for a first time assessment as described in F.S.
197.3632.
Palm Beach County Property Appraiser