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Res 120-90 RESOLUTION NO. 120-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, INDICATING THE CITY OF DELRAY BEACH, FLORIDA'S INTENT TO USE THE UNIFORM METHOD OF COLLECTING STORMWATER MANAGEMENT ASSESSMENTS AS AUTHORIZED BY CHAPTER 197 OF THE FLORIDA STATUTES; INDICATING THAT THE CITY'S INTENT TO USE THE UNIFORM METHOD OF COLLECTING THE STORMWATER MANAGEMENT ASSESSMENT HAS BEEN DULY ADVERTISED PURSUANT TO CHAPTER 197 OF THE FLORIDA STATUTES; INDICATING THE NEED FOR THE STORMWATER MANAGEMENT ASSESSMENT LEVY; INCLUDING A LEGAL DESCRIPTION OF THE BOUNDARIES OF REAL PROPERTY SUBJECT TO THE LEVY; DIRECTING THAT UPON ADOPTION A COPY OF THE RESOLUTION BE SENT TO THE PROPERTY APPRAISER, THE TAX COLLECTOR AND THE DEPARTMENT OF REVENUE BY U.S. MAIL BY JANUARY 10, 1991. WHEREAS, the City Coramission of the City of Delray Beach, Florida did, on July 6, 1990, adopt Ordinance No. 21-90 which enacted a new Chapter 56, entitled, "Stormwater" of the Code of Ordinances of the City of Delray Beach, Florida, which provided for the creation and establishment of a City-wide Stormwater Management System; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on October 23, 1990, adopt Ordinance No. 49-90 which enacted a new Section 8.4.16, entitled, "Stormwater Management Assess- ments'', amending the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, which provided for the method of establishing and collecting Stormwater Management Assessments; and, WHEREAS, the statutory authority for the creation and imple- mentation of Ordinance 21-90, and Ordinance 49-90 is predicated on Article VIII, Section 2 (b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and, WHEREAS, the City Commission of 'the City of Delray Beach, Florida, has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater management system; and, WHEREAS, Ordinance 21-90 authorizes the use of the uniform method 'of collection; and, WHEREAS, Chapter 197 and Section 403.093, Florida Statutes establishes that a municipality may use a uniform method of collection to impose a non ad valorem assessment for the purpose of collecting stormwater management fees; and, WHEREAS, it is the intention of the City Commission of the City of Delray Beach, Florida to use the uniform method of collection as provided by Chapter 197 of the Florida Statutes; and, WHEREAS, the City Commission of the City of Delray Beach has caused notice of the public hearing on this resolution regarding its intent to use the uniform method of collection to be advertised weekly in a newspaper of general circulation within the County for four (4) consecutive weeks proceeding the public hearing on this resolution; and, WHEREAS, the City Commission of the City of Delray Beach in adopting Ordinance No. 21-90 has established the need to provide for effective management and financing of the stormwater management system within the City to provide a mechanism for mitigating the damaging effects of uncontrolled and unplanned stormwater run-off from both a water quality and water quantity standpoint and in order to improve the public health, safety and welfare by providing for the safe and efficient capture and conveyance of stormwater run-off and correction of the stormwater problems and for the purpose of encouraging and facilitating urban water resources management techniques, including but not limited to the retention/detention of stormwater run-off, and minimization of the need to construct stormwater sewers in the enhancement of the environment; and, WHEREAS, all real property within the City of Delray Beach, Florida shall be subject to the stormwater management assessment as shown by the legal description attached hereto as Exhibit A; and, WHEREAS, the City Commission of the City of Delray Beach, Florida pursuant to Chapter 197, Florida Statutes has scheduled a public hearing prior to January 1st for the purposes of adopting this resolution which is necessary to evoke the uniform method of collecting stormwater management assessments; and, WHEREAS, the City Commission of the City of Delray Beach, upon adoption of this resolution hereby directs the City staff to send a copy of the resolution by United States mail to the Property Appraiser, the Tax Collector and the Department of Revenue by January 10, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Commission of the City of Delray Beach, Florida does hereby declare its intent to use the uniform method of collecting stormwater management assessments by adopting this resolution 'at a public hearing prior to January 1, 1990. Section 3. That the City Commission of the City Of Delray Beach, Florida hereby acknowledges that public notice of the public hearing 'on this resolution regarding its intent to use the uniform method of collecting stormwater management assessments has been duly advertised in a newspaper of general circulation within the County for four (4) consecutive weeks preceding the public hearing on its intention to use the uniform method of collection. 2 RES. NO. 120-90 Section 4. That the City Commission of the City of Delray Beach, Florida has previously declared in Ordinance 21-90 and 49-90 that it is necessary to levy a stormwater management assessment as a means of complying with federal and state mandated goals and priorities relating to stormwater management; to facilitate the implementation of a stormwater drainage master plan as required by the City's Comprehensive Growth Management Plan; and to provide for the current and future needs of the City, with respect to the collection, control and disposal of storm and other surface water within the geographic boundaries of the City. The City has determined that it is in the best interest of the City to combine the City's existing system and all stormwater drainage facilities relating thereto presently .owned and managed by the City, including but not limited to such storm sewers, drains, culverts, retention systems, detention basins, drainage wells, conduits and appurtenant features, catch basins, desilting facilities, recharging basins, outfall structures, equipment and all appurtenances, whether man-made or natural, necessary, useful or convenient, into a uniform stormwater management system. The City has determined that land use and development affecting storm and surface water should be managed, regulated and controlled under the unified management of a City-wide system for the purpose of among other things reducing or controlling erosion, sedementation and turbidity, and other pollution of water, danger and damage to life and property, and to protect and encourage the use of natural and efficient man-made means to these ends. The City Commission has determined that the establishment and operation of the systems will serve a vital public purpose and promote the common interest and provide for the health, safety, and welfare of the citizens of the City. Further, the City Commission reaffirms and adopts all findings of necessity and the purpose of levying the stormwater assessments as contained within Ordinances 21-90 and 49-90 previously adopted, and finds that it is necessary to levy a stormwater management assessment to facilitate the attainment of a stormwater management capability. Section 5. Attached hereto and incorporated herein as Exhibit A is the legal description of the boundaries of real property subject to the stormwater management assessment. Section 6. Upon adoption of this resolution, the City Commission of the City of Delray Beach hereby directs that a copy of this resolution be sent by United States mail to the Property'Appraiser, the Tax Collector and the Department of Revenue by January 10, 1990. PASSED AND ADOPTED in regular session on this 28th day of December , 1990. Attest: City Clerk '--J ' / 3 RES. NO. 120-90 EXHIBIT "A" GENERAL BOUNDARIES OF THE CITY OF DELRAY BEACH December 17, 1990 That geographic area bounded on the east by the mean high water line of the Atlantic Ocean. On the north by a line commencing at the intersection of Military Trail and the centerline of the Lake Worth Drainage District L30 Canal; thence extending eastward along said centerline of the Lake Worth Drainage District L-30 Canal to a point which intersects the westerly line of the plat of Lake Shore Estates (in accordance with the plat thereof recorded in Plat Book 25, Page 26 of the Public Records of Palm Beach County, Florida); thence run northerly along the said westerly line a distance of 723.90 feet, more or less, to the westerly extension of the north right of way of Pineridge Road as shown on the said plat of Lake Shore Estates; thence easterly along said extension of the north right of way line to the northerly extension of the centerline of the right of way of Lake Drive as shown on the said plat of Lake Shore Estates; thence northerly along said extension of the centerline of said Lake Drive to the westerly extension of the north line of Lot 16, Lake Eden Subdivision Plat No. 1 (according to the plat thereof as recorded in Plat Book 28, Page 216 of the Public Records of Palm Beach County, Florida); thence easterly along the north line of Lots 16, 15, and 14 of said Lake Eden Subdivision Plat No. 1 to the intersection with the southerly projection of the west lot line of Lot 6 of said Lake Eden Subdivision Plat No. 1; thence northerly along said southerly projected lot line and along the west lot line of Lots 6 and 5 of said Lake Eden Subdivision Plat No. 1 to the northwest corner of said Lot 5; thence easterly along the north plat line of said Lake Eden Subdivision Plat'No. 1 to the southerly projection of the west plat line of Lake Eden Subdivision Plat No. 3 (according to the plat thereof recorded in Plat Book 29, Page 219 of the Public Records of Palm Beach County, Florida); thence .northerly along said southerly projection of the west plat limit and the west plat line of said Lake Eden Subdivision Plat No. 3 to the south plat limit of Lake Eden Subdivision Plat No. 4 (according to the plat thereof recorded in Plat Book 30, Page 122 of the Public Records of Palm Beach County, Florida); thence easterly along said south plat limits and easterly projection of Lake Eden Subdivision Plat No. 4 to'the west right of way line of Swinton Avenue; thence northerly along said west right of way line of Swinton Avenue to the intersection with the westerly extension of the centerline of Gulfstream Boulevard; thence'easterly along said centerline of Gulfstream Boulevard to a point intersection with the centerline of the Florida East Coast Railroad.right of way; thence southerly along the said centerline of the Florida East Coast Railroad right of way to a point of intersection of the westerly projection of the north line of Lot 19, Delray Beach Estates (in accordance with the plat thereof as recorded in Plat Book 21, Page 13 of the Public Records of Palm Beach County, Florida); thence easterly along the said westerly projection of the north line of Lot 19 to the centerline of U.S. Highway No. 1; thence northerly along said centerline of U.S. Highway No. 1 approximately 350 feet to a point, said point being the intersection of the northerly projection of the west line of Place au Soleil Subdivision (according to the plat'thereof as recorded in Plat Book 27, Page 65 of the Public Records of Palm Beach County, Florida) with the centerline of said U.S. Highway No. 1; thence southerly along said northerly projection and along said west line of Place au Soleil Subdivision to the Southwest corner of Florida Inland Navigation District Parcel M.S.A. 641-A, as recorded in Deed Book 644, Page 42; thence east along the south line of said M.S.A. 641-A to the centerline of the Intracoastal Waterway right of way; thence southerly along the said centerline of the Intracoastal Waterway right of way to the intersection of the westerly projection of the south line of the Plat of Driftwood Landing (according to the plat thereof as recorded in Plat Book 30, Pages 231 and 232 of the Public Records of Palm Beach County, Florida); thence easterly approximately 865 feet along the said westerly projection of the south line of the Plat of Driftwood Landing and easterly projection of the south line of said Driftwood Landing;' thence northerly approximately 30 feet to a point; thence easterly approximately 133 feet to the west right of way line of Andrews Avenue as shown on the plat of Blue Seas (according to the plat of thereof as recorded in Plat Book 23, Page 185 of the Public Records of Palm Beach County, Florida); thence, northerly along the said west right of way line of Andrews Avenue to the intersection with the north right of way line of Pelican Lane as shown on said plat of Blue Seas; thence easterly along said north right of way line of Pelican Lane to the intersection of the centerline of State Road A1A (also known as Ocean Boulevard); thence north along said centerline of State Road A1A to the intersection with the westerly extension of the north line of Lot 17, Palm Beach Shores Acres (according to the plat thereof as recorded in Plat Book 7, Page 38 of the Public Records of Pa'lm Beach County, Florida); thence easterly along said north line of Lot 17 ('if said north line were extended eastward) to the mean high water mark of the Atlantic Ocean; On the south beginning at a point of intersection of the centerline of the Lake Worth Drainage District L-38 Canal and the centerline of Military Trail; thence easterly along said centerline of the L-38 Canal to a point of intersection of the centerline of the Lake Worth Drainage District E-4 Canal; thence easterly along said centerline of the L-38 to the centerline of South Florida Water Management Districts C-15 Canal; thence easterly along said centerline of the C-15 Canal to the centerline of the right of way of the Intracoastal Waterway; thence north along said centerline of the Intracoastal Waterway to a point on the north line of the South Half of Section 28, Township 46 South, Range 43 East, Palm Beach County, Florida; thence easterly along said north line to the mean high water mark of the Atlantic Ocean; On the west by a line beginning at the intersection of the centerline of the Lake Worth Drainage District L-38 and the centerline of Military Trail northerly to the centerline of the Lake Worth Drainage District L-37 Canal; thence easterly along said center line of the L-37 Canal to the intersection of the southerly projection of the west line of Faircrest Heights (according to the plat thereof recOrded in Plat Book 42, Pages 68 and 69 of the Public Records of Palm Beach County, Florida); thence northerly along said west line of Faircrest Heights and along a northerly projection of said west line to the point of intersection of the centerline of Germantown Road; thence northwesterly along said centerline of Germantown Road to the intersection of the south right of way line of Linton Boulevard; thence westerly approximately 1150 feet along said south right of way line of Linton Boulevard; thence southerly approximately 1350 feet to a point; thence westerly approximately 2250 feet to a point; thence northerly approximately 700 feet to a point; thence easterly to the intersection of the centerline of Military Trail; thence northerly along said centerline of Military Trail to the intersection of the centerline of the Lake Worth Drainage District L-31 Canal; thence easterly to the intersection of the centerline of Barwick Road; thence northerly approximately' 700 feet to a point; thence westerly approximately 700 feet to a point; thence northerly approximately 700 feet to a point; thence easterly approximately 1050 feet to a point; thence northerly to the centerline of the Lake Worth Drainage District L-30 Canal; to include all property within the corporate limits of the City of Delray Beach; and all such additional property as may be Subsequently annexed into the City of Delray Beach, Florida; Less and excluding the following parcels: Lots iA, 1, 5, 13, 15 - 17, 19, 24A, 24, 25, 30 - 32, 37, 38, 40, Delray Beach Estates (according to plat thereof recorded in Plat Book 21, Page 13 of the Public Records of Palm Beach County, Florida). Together with: That portion of land located in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, bounded as follows: on the north by the south line of Delray Beach Estates (According to the plat thereof recorded in Plat Book 21, Page 13 of the Public Records of Palm Beach County, Florida); on the east by. the west right of way of the the Florida Inland Navigation District M.S.A. 641A (Deed Book 644, Page 42); on the south by the westerly projection of the south line of said M.S.A. 641A to the intersection of the east right of way line of U.S. Highway No. 1; and on the west by the said east right of way line of U.S. Highway No. 1. Together with: Kingsland Subdivision (according to the plat thereof recorded in Plat Book 24, Page 94 in the Public Records of Palm Beach County, Florida). Together with: That portion of land located in Section 13, Township 46 South, Range 42 East and Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, bounded as follows: on the north by High Point of Delray Section V, and VI, unrecorded plats; on the east by High Point of Delray Section II, unrecorded plat; on the south by the north line of Kingsland Subdivision (according to the plat thereof recorded in Plat Book 24, Page 94 in the Public Records of Palm Beach County, Florida); on the west by the east right of way of Barwick Road. Together with: Klngsland Pines, except Lot 1, Block 3, (according to the . plat thereof recorded in Plat Book 25, Page 2 in the Public Records of Palm.Beach County, Florida). Together with: Franwood (according to the plat thereof recorded in Plat Book 26, Page 236 of the Public Records of Palm Beach County, Florida). Together with: Highland Trailer Park (according to the plat thereof recorded in Plat Book 24, Page 213 of the Public Records of Palm Beach County, Florida). Together with: Country Club Acres, except Lots 8,9,10 and 11 (according to the plat thereof recorded in Plat Book 24, Page 10 of the Public Records of Palm Beach County, Florida). Together with: Country Club Acres Plat ! (according to the plat thereof recorded in Plat Book 24, Page 16 of the Public Records of Palm Beach County, Florida). Together with: Country Club Acres Plat 2, except Lots 62 and 63 (according to the plat thereof recorded in Plat Book 24, Page 21 of the Public Records of Palm Beach County, F10rida).' Together with: That portion of land located in Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, bounded as follows: on the north by the Lake Worth Drainage District L-33 Canal; on the east by the plat of Hanover Square (according to the plat thereof recorded in Plat Book 48, Pages 192 and 193 of the Public Records of Palm Beach County, Florida); on the west by the east right of way line of Barwick Road; and on the south by the north right of way of W. Atlantic Avenue (State Road 806); except the following described property: That part of the West Quarter of the Northeast Quarter of the Southeast Quarter and the East Quarter of the Northwest Quarter of the Southeast Quarter of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, lying North of the North right of way line of State Road No. 806, as shown on the plat thereof recorded in Road Plat Book 3 at Page 27 of the Public Records of Palm Beach County, Florida, described as follows: Beginning at the point of intersection of the said North right of way line of State Road No. 806 and the West line of the said East Quarter of the Northwest Quarter of the Southeast Quarter of Section 13; thence North, along said West line, 400 feet to a line 400 feet North of and parallel with .said North right of way line; thence S 89 59'27"E, along said parallel line, 69.0 feet; thence South 237.19 feet; thence N 89 50'50"E 133.29 feet; thence S 39 55'10"E 100.31 feet; thence N 86 29'33"E 110.55 feet; thence South 93.05 feet to the said North right of way line of State Road No. 806; thence N 89 59'27"W, along said North right of way line 377.0 feet to the said point of beginning. Together with: That portion of land located in Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida described as follows: Beginning at the Northwest corner of the South half of said Section 13, said point also being on the east right of way line of Military Trail run easterly approximately 1275 feet to a point being at the intersection of the southerly projection of the west line of the plat of Franwood (according to the plat thereof as recorded in Plat Book 26, Page 236 of the Public Records of Palm Beach County, Florida); thence northerly along said southerly projection of the west line.of said plat of Franwood to the Southwest corner of the plat of Kingsland Pines (according to the plat thereof as recorded in Plat Book 25, Page 2 of the Public Records of Palm Beach County, Florida); thence northerly along the west line of said plat of Kingsland Pines to the Northwest corner of said plat of Kingsland Pines; thence westerly approximately 350 feet along the south line of the plat of High point of Delray Section 7 (according to the plat thereof as recorded in Plat Book 36, Pages 64-66 of the Public Records of Palm Beach County, Florida); thence northerly approximately 50 feet; thence westerly approximately 200 feet; thence southerly approximately 325 feet; thence westerly to the east right of way line of Military Trail; thence southerly along said east right of way line of Military Trail to the point of beginning. Together with: That portion of land located in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida more particularly described as follows: Commencing at the Northeast corner of Section 30, Township 46 South, Range 43 East run westerly along the north line of said section 30 to the Centerline of the Seaboard Coastline Railroad right of way; thence southerly approximately 1600 feet along said centerline of the Seaboard Coastline Railroad to the point of beginning: Thence continue southerly along said centerline of the Seaboard Coastline Railroad to the centerline of the Lake Worth Drainage District L-37 Canal; thence westerly along said centerline of the L-37 Canal to the west right of way line of Congress. Avenue; thence northerly approximately 200 feet along said west right of way line of. Congress Avenue; thence westerly approximately 1250 feet to a point on the east plat line of'the Environment I (according to a plat thereof as recorded in Plat Book 43, Page 141 of the Public Records of Palm Beach County, Florida); thence northerly along said east line of the Environment I to the Southwest corner of the Plat of Lakeside at Centre Delray (according to the plat thereof as. recorded in Plat Book 50, Page 195 of the Public Records of Palm Beach'County, Florida); thence easterly along the south line of said plat of Lakeside'at Centre Delray to the Southwest corner of the plat of The Terraces at Centre Delray (according to the plat thereof as recorded in Plat Book 45, Page 49 of the Public Records of Palm Beach County, Florida); thence easterly along the south line of the said plat of The Terraces at Centre Delray to ~he point of intersection with the centerline of the right of way of Congress Avenue along an easterly projection and extension thereof the south line of said plat of The Terraces at Centre'Delray; thence northerly approximately 50 feet along the said centerline of Congress Avenue; thence easterly approximately 275 feet to a point; thence northeasterly approximately 125 feet to a point; thence northerly to a point on the south property line of'the plat of The Garden at Centre Delray (according to the plat thereof as recorded in Plat Book 43, Page 49 of the Public Records of Palm Beach County, Florida); thence easterly along the said south plat line of The Garden at Centre Delray to the point of beginning.