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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