CITY OF NORTH LAUDERDALE

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SETTING FORTH THE CITY'S INTENT TO USE THE UNIFORM METHOD FOR THE LEVY AND COLLECTION OF A NON-AD VALOREM SPECIAL ASSESSMENT TO BE LEVIED UPON RESIDENTIAL REAL PROPERTIES LYING WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, TO FUND THE PROVISION OF SOLID WASTE COLLECTION SERVICES TO RESIDENTIAL PROPERTIES WITHIN THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING THAT A COPY OF THIS RESOLUTION SHALL BE FORWARDED TO THE PROPERTY APPRAISER, TAX COLLECTOR AND THE FLORIDA DEPARTMENT OF REVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Commission of the City of North Lauderdale, Florida (the "City") intends to impose a special assessment to fund the provision of solid waste collection services to residential properties within the geographical boundaries of the City effective October 1, 2008; and

WHEREAS, in accordance with Section 197.3632(3)(a), Florida Statutes, the City advertised its intent to use the Uniform Method for the collection of the assessment weekly in a newspaper of general circulation for four (4) consecutive weeks preceding the public hearing held the day hereof. Proof of publication of such hearing being attached hereto as Exhibit "B"; and

WHEREAS, the City Commission held a duly-advertised public hearing prior to the adoption of this Resolution; and

WHEREAS, pursuant to Section 197.3632, Florida Statutes, as amended, the City Commission of North Lauderdale desires to set forth its intent to use the uniform method of levying and collecting a non-ad valorem special assessment to fund the cost of providing solid waste collection services to those residential properties located within the municipal boundaries of the City more particularly described in Exhibit "A," attached hereto and incorporated herein, because this method provides an economical and efficient process for such special assessments to be collected annually, commencing in October 2008; and

WHEREAS, the City Commission of the City of North Lauderdale, Florida, directs the City Clerk to provide copies of this Resolution to the Property Appraiser, Broward County Department of Revenue Collections and the Florida Department of Revenue on or prior to March 10, 2008;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS FOLLOWS:

Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission.

Section 2. Commencing with the fiscal year beginning on October1, 2008, and with the tax statement mailed for such Fiscal Year, the City intends to use the Uniform Method authorized in Section 197.3632, Florida Statutes, as amended, for collecting the assessment to fund the costs of providing solid waste collection services to residential properties located within the municipal boundaries of City, more particularly described in Exhibit "A," attached hereto and made a part hereof. For purposes of this resolution, “residential” means single family units and all other units receiving residential solid waste collection services.

Section 3. The City hereby determines that the levy of the assessments is needed to fund the cost of solid waste collection services to residential properties within the incorporated area of the City.

Section 4. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail, certified return receipt requested, to the Florida Department of Revenue, the Broward County Department of Revenue Collection, and the Broward County Property Appraiser by March 10, 2008.

Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.

Section 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution.

Section 7. This Resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, THIS _____ DAY OF __________________, 2008.

_____________________________

MAYOR JACK BRADY

________________________________

VICE MAYOR JOHN R. CANGEMI

ATTEST:

___________________________________

PATRICIA VANCHERI, Acting City Clerk

APPROVED AS TO LEGAL FORM

BY CITY ATTORNEY:

_____________________________

SAMUEL S. GOREN, ESQUIRE

LEGAL DESCRIPTION

CITY LIMITS – CITY OF NORTH LAUDERDALE

BROWARD COUNTY, FLORIDA

A parcel of land being a portion of Sections 1, 2, 3, 10, 11, and 12 all of Township 49 South Range 41 East and also being a portion of Sections 6, 7 and 18 all of Township 49 South, Range 42, said parcel being more particularly described as follows:

BEGIN at the Northeast of Parcel “B” of the plat of OUR LADY QUEEN OF HEAVEN CEMETERY PLAT as recorded in Plat Book 152, Page 21, Broward County Records;

THENCE on an assumed bearing S 89º22’00” W along the North line of said Parcel “B” a distance of 1207.89 feet to the West line of said Parcel “B”, said line also being the East line of said OAKLAND HILLS 7^TH SECTION, as recorded in Plat Book 81, Page 30, Broward County Records;

THENCE S 01º11’43” W along said East line a distance of 713.22 feet to the South line of said OAKLAND HILLS 7^TH SECTION;

THENCE S 89º22’00” W along said South line a distance of 1126.38 feet to a line being 320.00 feet East of and parallel with the West line of said a OAKLAND HILLS 7^TH SECTION;

THENCE N 01º42’30” W along said parallel line a distance of 712.99 feet to the North line of said OAKLAND HILLS 7^TH SECTION;

THENCE S 89º22’00” W along said North line a distance of 319.46 feet to a line being 115.00 feet East of and parallel with the West line of Section 6, Township 49 South, Range 42 East;

THENCE N 01º42’30” W along said parallel line a distance of 1529.19 feet to the South right-of-way line of S.W. 8^th Court as per the plat of “SERINO PARK SECTION 3”, as recorded in Plat Book 81, Page 46, Broward County Records;

THENCE S88º17’30” W a distance of 115.00 feet to the said West line of Section 6, Township 49 South, Range 42 East, said line also being the East line of Section 1, Township 49 South, Range 41 East;

THENCE continue S88º17’30” W a distance of 85.00 feet to a line being 85.00 feet West of and parallel with the said East line of Section 1, Township 49 South, Range 41 East;

THENCE N 01º42’30” W along said parallel line a distance of 342.15 feet to the North line of Tract E, of A SUBDIVISION OF SEC. 1, TWP. 49 S., RGE. 41 E., as recorded in Plat Book 26, Page 21, Broward County Records, said line also being the North line of the plat of KELLY PLAT, as recorded in Plat Book 136, Page 38, Broward County Records;

THENCE S 89º40’42” W along said North line a distance of 2555.30 feet to the East line of Tract D of said A SUBDIVISION OF SEC. 1, TWP. 49 S., RGE. 41 E.;

THENCE N 01º41’01” W along said East line a distance of 660.89 feet to the North line of said Tract D, said line also being the North line of KIMBERLY VILLAGE - SECTION THREE, as recorded in Plat Book 70, Page 13, Broward County Records;

THENCE S 89º39’14” W along said North line a distance of 2586.23 feet to a line being 53.00 feet East of and parallel with the West line of said Section 1, Township 49 South, Range 41 East;

THENCE N 01º39’49” W along said parallel line a distance of 2274.51 feet to the North line of said Section 1;

THENCE S 89º43’47” W along said North line a distance of 53.02 feet to the Northwest corner of said Section 1, Township 49 South, Range 41 East;

THENCE S 89º52’59” W along the North line of Section 2, Township 49 South, Range 41 East a distance of 4180.80 feet to the Southeast corner of Section 34, Township 48 South, Range 41 East, said point also being the Southeast corner of the plat of NORTH LAUDERDALE VILLAGE SECTION FIVE, as recorded in Plat Book 109, Page 25, Broward County Records;

THENCE N 01º07’53” W along said East line a distance of 572.62 feet to the North line of said NORTH LAUDERDALE VILLAGE SECTION FIVE, said line also being the South right-of-way line of South Florida Water Management District Canal C-14 (Pompano Canal);

THENCE S 89º00’39” W along said South right-of-way line a distance of 2257.30 feet;

THENCE S 01º15’23” E a distance of 534.16 feet to the North line of Section 3, Township 49 South, Range 41 East;

THENCE N 89º51’19” W along said North line a distance of 158.42 feet to the Northwest corner of Tract 1, Section 3, Township 49 South, Range 41 East, per the plat of FORT LAUDERDALE TRUCK FARMS, as recorded in Plat Book 4, Page 31, Broward County Records,

THENCE S 01º39’25” E along the West line of Tracts 1, 8, 9, 16 and 17 of said Section 3, Township 49 South, Range 41 East, FORT LAUDERDALE TRUCK FARMS, a distance of 7231.57 feet to the South line of said Section 3, said line also being the North line of Section 10, Township 49 South, Range 41 East;

THENCE S 89º32’11” W along said North line of Section 10 a distance of 1320.07 feet to the Northwest corner of Tract 2, Section 10, Township 49 South, Range 41 East, FORT LAUDERDALE TRUCK FARMS;

THENCE S 01º26’23” E along the West line of Tracts 2 and 7 of said Section 10, Township 49 South, Range 41 East, FORT LAUDERDALE TRUCK FARMS, a distance of 2641.44 feet to the South line of the North One-Half (N1/2) of said Section 10;

THENCE N 89º32’28” E along said South line a distance of 1320.11 feet to the West line of Tract 9 of said Section 10, Township 49 South, Range 41 East, FORT LAUDERDALE TRUCK FARMS;

THENCE S 01º26’20” E along said West line a distance of 1321.62 feet to the Southwest corner of said Tract 9;

THENCE N 89º32’33” E along the South line of said Tract 9 a distance of 1320.01 feet to the East line of the South One-Half (S1/2) of said Section 10, Township 49 South, Range 41;

THENCE N 01º26’20” W along said East line a distance of 1321.65 feet to the Northeast corner of the South One-Half (S1/2) of said Section 10, said point also being the Northwest corner of South One-Half (S1/2) of Section 11, Township 49 South, Range 41 East;

THENCE N 89º33’30” E along the North line of said South One-Half (S1/2) of Section 11 a distance of 1318.60 feet to the East line of Tract 12 of said Section 11, Township 49 South, Range 41 East, FORT LAUDERDALE TRUCK FARMS;

THENCE S 01º30’21” E along said East line a distance of 40.00 feet to a line being 40.00 feet South of and parallel with the said North line of the South One-Half (S1/2) of said Section 10;

THENCE N 89º33’30” E along said parallel line a distance of 3960.03 feet to the East line of the South One-Half (S1/2) of Section 11, Township 49 South, Range 41 East;

THENCE N 01º30’24” W along said East line a distance of 40.01 feet to the Northeast corner of said South One-Half (S1/2) of Section 11, said point also being the Northwest corner of the South One-Half of Section 12, Township 49 South, Range 41 East;

THENCE N 89º33’52” E along the North line of said South One-Half (S1/2) of Section 12 a distance of 2666.07 feet to the Northwest corner of the plat of “POMPANO PARK SECTION 3”, as recorded in Plat Book 55, Page 20, Broward County Records;

THENCE S 00º26’30” E along the West line of said “POMPANO PARK SECTION 3”, a distance of 1154.54 feet to the Southwest corner of “POMPANO PARK SECTION 3”;

THENCE N 89º33’02” E along the South line of said “POMPANO PARK SECTION 3”, a distance of 170.06 feet to a line being 40.00 feet West of and parallel with the West line of POMPANO PARK - SECTION 1, as recorded in Plat Book 52, Page 7, Broward County Records;

THENCE S 00º26’19” E along said parallel line a distance of 163.71 feet to the Westerly extension of the South line of said “POMPANO PARK SECTION 3”, said line also being the South line of Tract 10 of Section 11, Township 49 South, Range 41 East, FORT LAUDERDALE TRUCK FARMS;

THENCE N 89º33’26” E along said South line a distance of 1149.16 feet to the Southeast corner of said POMPANO PARK - SECTION 1, said point also being on the West line of the plat of “POMPANO PARK” as recorded in Plat Book 50, Page 21, Broward County Records;

THENCE S 01º29’48” E along said West line and the Southerly extension thereof a distance of 1320.63 feet to the South line of the Southeast One-Quarter (SE1/4) of said Section 12, Township 49 South, Range 41 South;

THENCE N 89º32’58” E along said South line a distance of 1220.61 feet to a line being 100.00 feet West of and parallel with the East line of said Section 12, said line also being defined as the West right-of-way line of State Road 7 (S.R. 7) for the purposes of this description;

THENCE S 01º30’34” E along said parallel line a distance of 2207.24 feet to the Westerly extension of the South line of the Northwest One-Quarter (NW1/4) of said Section 18, Township 49 South, Range 42 East;

THENCE N 89º32’58” E along said Westerly extension and said South line of the Northwest One-Quarter (NW1/4) of Section 18 thereof, a distance of 153.05 feet to a line being 53.00 feet East of and parallel with the West line of said Section 18, said line also being defined as the East right-of-way line of State Road 7 (S.R. 7) for the purposes of this description;

THENCE N 01º30’34” W along said parallel line a distance of 660.22 feet to the Northwest corner of the plat of “LEDGER COMMERCIAL SUBDIVISION” as recorded in Plat Book 79, Page 25, Broward County Records;

THENCE N 89º57’31” E along the North line of said “LEDGER COMMERCIAL SUBDIVISION” a distance of 1260.41 feet to a line being 10.00 feet West of and parallel with the West line of South One-Half (S1/2) of the Southeast One-Quarter (SE1/4) of the Northwest One-Quarter (NW1/4) of Section 18;

THENCE N 01º36’30” W along said parallel line a distance of 33.01 feet to a line being 30.00 feet North of and parallel with the said North line of “LEDGER COMMERCIAL SUBDIVISION”;

THENCE N 89º57’31” E along said parallel line a distance of 10.00 feet to the West line of the plat of PROSPECT INDUSTRIAL AND COMMERCIAL PARK, as recorded in Plat Book 104, Page 17, Broward County Records;

THENCE N 01º36’30” W along said West line and the West line of the plat of LINPRO LONESTAR PARK, as recorded in Plat Book 124, Page 12, Broward County Records, a distance of 2020.84 feet to the North line of the Northwest One-West (NW1/4) of said Section 18;

THENCE N 89º07’32” W along the said North line of the Northwest One-West (NW1/4) of Section 18, a distance of 988.32 feet to a line being 249.00 feet East of and parallel with the East right-of-way line of State Road 7 (S.R. 7);

THENCE N 01º35’26” W along said parallel line a distance of 26.66 feet to the North right-of-way line of Prospect Road;

THENCE N 89º06’52” W along said North right-of-way line a distance of 249.23 feet to the said East right-of-way line of State Road 7 (S.R. 7);

THENCE N 01º35’26” W along said East right-of-way line a distance of 2096.22 feet to the Westerly right-of-way line of Florida Turnpike\Sunshine State Parkway, said line also being the Southwesterly extension of the Easterly line of the plat of THE CUMMINGS PLAT NO. 1, as recorded in Plat Book 126, Page 35, Broward County Records;

THENCE N 36º59’27” E along said Westerly right-of-way line a distance of 952.07 feet to the Westerly extension of the South line of Parcel “B” of the plat of “MARINERS COVE” as recorded in Plat Book 147, Page 44, Broward County Records;

THENCE N 89º30’45” E along said Westerly extension and the South line of said Parcel “B” thereof, a distance of 454.58 feet to the Southeast corner of said Parcel “B”;

THENCE N 89º45’09” E a distance of 307.79 feet to the Southwest corner of Parcel “A” of said “MARINERS COVE”;

THENCE S 88º58’55” E along the South line of said Parcel “A” a distance of 1346.90 feet to the East line of said Parcel “A”;

THENCE N 00º56’05” W along said East line and the Northerly extension thereof, a distance of 2298.30 feet to the North line of the Northeast One-Quarter (NE1/4) of said Section 7, Township 49 South, Range 42 East, said point also being the Southerly extension of a line being 25.00 feet East of and parallel with the East line of said Parcel “B” of the plat of OUR LADY QUEEN OF HEAVEN CEMETERY PLAT as recorded in Plat Book 152, Page 21, Broward County Records ;

THENCE N 00º56’19” W along said parallel line a distance of 1998.05 feet to the Easterly extension of the North line of said Parcel “B” ;

THENCE S 89º22’00” W along said Easterly extension a distance of 25.00 to the POINT OF BEGINNING.

TOGETHER WITH the following described parcel

BEGINNING at the Northwest plat corner of Tract “A”, “TAMARAC MINI STORAGE PLAT NO. 1, Plat Book 112, Page 2 according to the plat thereof;

THENCE S 88º20’25” E along the North line of said Tract “A” and Easterly extension thereof, and along the North line of said DARGEL-MINNET PLAT and Easterly extension thereof, a distance of 1323.66 feet to the intersection of the East line of the Northwest One-Quarter (NW1/4) of said Section 18;

THENCE S 00º11’46” E along said East line and along the East line of the Southwest One-Quarter (SW1/4) of said Section 18 a distance of 1131.18 feet to the North right-of-way line of Commercial Boulevard (NW 50^th Street), said line also being the City of Tamarac Boundary Line per Ordinance No. 0-81-17;

THENCE N 88º32’02” W along said right-of-way and said boundary line a distance of 859.65 feet to an intersection with the Easterly line of “TAMARAC BUSINESS CENTER”, according to the plat thereof as recorded in Plat Book 61, Page 27, of the Public Records of Broward County, Florida;

THENCE N 00º29’16” W along the Easterly line of said “TAMARAC BUSINESS CENTER” and said boundary line a distance of 456.73 feet to the Northeast corner of said “TAMARAC BUSINESS CENTER”;

THENCE N 88º29’17” W along the Northerly line of said “TAMARAC BUSINESS CENTER” and said boundary line a distance of 462.40 feet to an intersection with the Southerly extension of the West line of said “TAMARAC MINI STORAGE PLAT NO. 1” and said boundary line;

THENCE N 00º07’30” W along said Southerly extension and the West line a distance of 678.60 feet to the POINT OF BEGINNING.

Said land constitutes the Municipal Limits of the City of North Lauderdale, Broward County, Florida.

EXHIBIT "B"

PROOF OF PUBLICATION

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SETTING FORTH THE CITY'S INTENT TO USE THE UNIFORM METHOD FOR THE LEVY AND COLLECTION OF A NON-AD VALOREM SPECIAL ASSESSMENT TO BE LEVIED UPON ALL PROPERTIES LYING WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, TO FUND THE PROVISION OF STREET LIGHTING CAPITAL AND MAINTENANCE WITHIN THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING THAT A COPY OF THIS RESOLUTION SHALL BE FORWARDED TO THE PROPERTY APPRAISER, TAX COLLECTOR AND THE FLORIDA DEPARTMENT OF REVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Commission of the City of North Lauderdale, Florida (the "City") intends to impose a special assessment to fund the provision of street lighting capital and maintenance within the geographical boundaries of the City effective with the fiscal year beginning October 1, 2008; and

WHEREAS, the City Commission held a duly-advertised public hearing prior to the adoption of this Resolution; and

WHEREAS, pursuant to Section 197.3632, Florida Statutes, as amended, the City Commission of North Lauderdale desires to set forth its intent to use the uniform method of levying and collecting a non-ad valorem special assessment to fund the cost of providing street lighting capital and maintenance within the municipal boundaries of the City more particularly described in Exhibit "A," attached hereto and incorporated herein, because this method provides an economical and efficient process for such special assessments to be collected annually, commencing in October 2008; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS FOLLOWS:

Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission.

Section 2. Commencing with the fiscal year beginning on October 1, 2008, and with the tax statement mailed for such Fiscal Year, the City intends to use the Uniform Method authorized in Section 197.3632, Florida Statutes, as amended, for collecting the assessment to fund the costs of providing street lighting capital and maintenance within the municipal boundaries of City, more particularly described in Exhibit "A," attached hereto and made a part hereof.

Section 3. The City hereby determines that the levy of the assessments is needed to fund the cost of street lighting capital and maintenance within the incorporated area of the City.