HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-106Temp. Reso. # 13659
September 13, 2021
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CITY OF TAMARAC
RESOLUTION NO. 2021- 10(0
A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA, RELATING
TO THE PROVISION OF RESIDENTIAL SOLID WASTE COLLECTION
SERVICES IN THE CITY OF TAMARAC, FLORIDA; APPROVING THE
ASSESSMENT RATE FOR RESIDENTIAL SOLID WASTE
COLLECTION SERVICES FOR THE FISCAL YEAR BEGINNING ON
OCTOBER 1, 2021; IMPOSING A RESIDENTIAL SOLID WASTE
COLLECTION ASSESSMENT AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE CITY OF TAMARAC FOR THE FISCAL YEAR
BEGINNING ON OCTOBER 1, 2021; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac, Florida, enacted Ordinance No.
2012-09, on April 25, 2012, which authorized the imposition of a Residential Solid Waste
Collection Assessment, pursuant to the procedures set forth therein ("the Ordinance") for the
provision of Residential Solid Waste Collection Services for single-family residential properties
and certain multi -family residential properties that receive residential solid waste collection
services within the City, and provided for findings of special benefit and the method of
apportionment of the Residential Solid Waste Collection Assessment; and,
WHEREAS, the imposition of a Residential Solid Waste Collection Assessment for
Residential Solid Waste Collection Services for each Fiscal Year is an equitable and efficient
method of allocating and apportioning Residential Solid Waste Collection Assessed Costs among
parcels of Assessed Property; and,
WHEREAS, the City Commission desires to impose a Residential Solid Waste Collection
Assessment within the City for the Fiscal Year beginning on October 1, 2021 using the tax bill
collection method; and,
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September 13, 2021
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WHEREAS, the City Commission, on July 14, 2021, adopted Resolution No. R-2021-085
(the "Preliminary Assessment Resolution"), referencing the Residential Solid Waste Collection
Services to be provided to Assessed Property, describing the method of apportioning the
Residential Solid Waste Collection Assessed Cost to compute the Residential Solid Waste
Collection Assessment for Residential Solid Waste Collection Services against Assessed Property,
estimating a rate of assessment, and directing the preparation of the Assessment Roll and provision
of the notice to the affected landowners; and,
WHEREAS, in order to impose the Residential Solid Waste Collection Special
Assessment for the Fiscal Year beginning October 1, 2021, the Ordinance requires the City
Commission to adopt an Annual Assessment Resolution during its budget adoption process, which
establishes the rate of assessment and approves the Assessment Roll for the upcoming Fiscal Year,
with such amendments as the City Commission deems appropriate, after hearing comments and
objections of all interested parties; and
WHEREAS, the updated Assessment Roll has heretofore been made available for
inspection by the public, as required by the Ordinance and the Preliminary Assessment Resolution;
and
WHEREAS, notice of a public hearing has been published and mailed, which provided
notice to all interested persons of an opportunity to be heard. An affidavit regarding the notice of
mailing is attached hereto as Appendix "A" and the proof of publication is attached hereto as
Appendix `B"; and,
WHEREAS, a public hearing was held on September 13, 2021, and comments and
objections of all interested parties have been heard and considered;
►J
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September 13, 2021
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1. The aforementioned "WHEREAS" clauses are hereby ratified as true and
correct and incorporated herein.
SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions of the
Ordinance, Resolution 2012-87 (the "Initial Assessment Resolution"), the Preliminary Assessment
Resolution, sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law.
SECTION 3. DEFINITIONS AND INTERPRETATION. This Resolution constitutes the
Annual Assessment Resolution as defined in the Ordinance. All capitalized terms in this
Resolution shall have the meanings defined in the Ordinance and the Initial Assessment
Resolution.
SECTION 4. IMPOSITION OF RESIDENTIAL SOLID WASTE COLLECTION
ASSESSMENT.
(A) The parcels of Assessed Property described in the Assessment Roll, as updated and
which is hereby approved, are hereby found to be specially benefitted by the provision of the
Residential Solid Waste Collection Services described in the Initial Assessment Resolution and
the Preliminary Assessment Resolution, in the amount of the Residential Solid Waste Collection
Assessment set forth in the Assessment Roll, a copy of which was present or available for
inspection for the above -referenced public hearing and is incorporated herein by reference. It is
hereby ascertained, determined, and declared that each parcel of Assessed Property within the City
will be specifically benefitted by the City's provision of Residential Solid Waste Collection,
facilities and programs in an amount not less than the Residential Solid Waste Collection
Assessment of such parcel, computed in the manner set forth in the Initial Assessment Resolution,
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September 13, 2021
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as incorporated into the Preliminary Assessment Resolution. Adoption of this Annual Assessment
Resolution constitutes a legislative determination that all assessed parcels derive a special benefit,
as set forth in the Ordinance, and the Initial Assessment Resolution as incorporated into the
Preliminary Assessment Resolution, from the Residential Solid Waste Collection Services to be
provided, and a legislative determination that the Residential Solid Waste Collection Assessments
are fairly and reasonably apportioned among the properties that receive the special benefit as set
forth in the Ordinance, the Initial Assessment Resolution and the Preliminary Assessment
Resolution.
(B) The method of computing the Residential Solid Waste Collection Assessment
described in the Initial Assessment Resolution, as incorporated in the Preliminary Assessment
Resolution, as may be modified, amended, and supplemented herein, is hereby approved.
(C) For the Fiscal Year beginning October 1, 2021, the estimated Residential Solid
Waste Collection Assessed Cost to be assessed is $5,094,472.56. The Residential Solid Waste
Collection Assessment to be assessed and apportioned among benefitted parcels pursuant to the
Cost Apportionment and Parcel Apportionment to generate the estimated Residential Solid Waste
Collection Assessed Costs for the Fiscal Year commencing October 1, 2021, is hereby established
at $278.75 annually, per residential unit. This assessment rate is hereby approved. Except as
otherwise provided herein, the Residential Solid Waste Collection Assessment for Residential
Solid Waste Collection Services in the amounts set forth in the Assessment Roll, as herein
approved, are hereby levied and imposed on all parcels of Assessed Property described in the
Assessment Roll.
(D) The Residential Solid Waste Collection Assessment shall constitute a lien upon the
Assessed Property so assessed equal in rank and dignity with the liens of all state, county, district
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September 13, 2021
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or municipal taxes and other non -ad valorem Assessment. Except as otherwise provided by law,
such lien shall be superior in dignity to all other liens, titles, and claims, until paid.
(E) The Assessment Roll as herein approved, together with the correction of any errors
or omissions as provided for in the Ordinance, shall be delivered to the Tax Collector for collection
using the tax bill collection method in the manner prescribed by the Ordinance.
(F) Interim Residential Solid Waste Collection Services Assessments are also levied
and imposed against all property for which a Certificate of Occupancy is issued after adoption of
this Resolution based upon the rates of assessment approved herein
SECTION 5. CONFIRMATION OF PRELIMINARY ASSESSMENT
RESOLUTION. The Preliminary Assessment Resolution adopted July 14, 2021, except as may
be amended herein, is hereby confirmed.
SECTION 6. EFFECT ON ADOPTION OF RESOLUTION. The adoption of this
Annual Assessment Resolution shall be the final adjudication of the issues presented (including,
but not limited to, the determination of special benefit and fair apportionment to the Assessed
Property, the method of apportionment and assessment, the rate of assessment, the Assessment
Roll and the levy and lien of the Residential Solid Waste Collection Assessment), unless proper
steps shall be initiated in a court of competent jurisdiction to secure relief within twenty (20)
calendar days from the date of this Annual Assessment Resolution.
SECTION 7. SEVERABILITY. If any clause, section or other part of this Resolution
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way affecting the
validity of the other provisions of this Resolution.
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September 13, 2021
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SECTION 8. CONFLICTS. That all prior Resolutions or parts of resolutions in conflict
herewith, are hereby repealed to the extent of such conflict.
SECTION 9. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2021.
ATTEST:
4CLE.R J HN O MC
RK
I HEREBY CERTIFY THAT I HAVE
CITY OF TAMARAC FLORIDA
Alax-& jld-�— -
MIC LLE J. GOMEZ,'MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: V/M. VILLALOBOS
DIST 4: COMM. PLACKO
ON
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September 13, 2021
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APPENDIX A
AFFIDAVIT OF MAILING
Temp. Reso. # 13659
September 13, 2021
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AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Kathleen Gunn, who, after
being duly sworn, deposes and says:
1. I, Kathleen Gunn, as Interim City Manager of the City of Tamarac, Florida
("City"), pursuant to the authority and direction received from the City Commission, timely
directed the preparation of the Assessment Roll and the preparation and mailing of notices in
accordance with the Residential Solid Waste Collection Services Assessment Ordinance in
conformance with the Preliminary Assessment Resolution adopted by the City Commission
on July 14, 2021 (the 'Preliminary Assessment Resolution"). The Preliminary Assessment
Resolution directed and authorized notice by First Class Mail to all affected owners pursuant to the
Ordinance.
2. In accordance with the Ordinance, all necessary information for notification of the
Residential Solid Waste Collection Services Assessment was provided to the Property Appraiser of
Broward County to be included as part of the notice of proposed property taxes under section
200.069, Florida Statutes, the truth-in-millage notification. The information provided to the Property
Appraiser to be included on the truth-in-millage notification included the following: the purpose of
the assessment; the total amount proposed to be levied against each parcel; the unit of measurement
to be applied against each parcel to determine the assessment; the number of such units contained
within each parcel; the total revenue the City expects to collect by the assessment; a statement that
failure to pay the assessment will cause a tax certificate to be issued against the property which may
result in a loss of title; a statement that all affected property owners have a right to appear at the
hearing and to file written objections with the local governing board within 20 days of the notice;
and the date, time, and place of the hearing.
FURTHER AFFIANT SAYETH NOT
STATE OF FLORIDA
COUNTY OF BROWARD
Tant-ttv
The foregoing Affidavit of Mailing was sworn to and subscribed before me this f '� day of
lak � , 2021 by Kathleen Gunn, Interim City Manager, and City of
Tamara , Florida. He is personally known to me or //oduced as i ntifcation and did take an
oath. /�
N6tary 7ublic, State of Florida
Printed Y4ame
My Commission Expires: 5 /D 2e 2 S�
s""!:; REGINAM•SKENANDORE
Commission No.:
*; MY COMMISSION # HH 128M
P�? EXPIRES: May 10, 2025
Bonded Thru Notary Pubk Underwrfl
Temp. Reso. # 13659
September 13, 2021
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APPENDIX B
PROOF OF PUBLICATION
SUN -SENTINEL
Sold To:
City of Tamarac - CU00120507
7525 NW 88th Ave
Tamarac,FL 33321-2427
Bill To:
City of Tamarac - CU00120507
7525 NW 88th Ave
Tamarac,FL 33321-2427
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami -Dade County, Florida
State Of Illinois
County Of Cook
Before the undersigned authority personally appeared
Jeremy Gates, who on oath says that he or she is a duly authorized representative of the SUN -SENTINEL, a
DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11777-Legal Display, City of Tamarac
Was published in said newspaper in the issues of, Aug 15, 2021
Affiant further says that the said SUN -SENTINEL is a newspaper published in said BROWARD/PALM
BEACH/M MA U-DADE County, Florida, and that the said newspaper
has heretofore been continuously published in said BROWARD/PALM BEACH/MIAMI-DADE County,
Florida, each day and has been entered as second class matter at the post office in BROWARD County,
Florida, for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that he or she 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.
Signature of Affiant
Sworn to and subscribed before me this: August 31, 2021.
Signature of Notary Public
BRENDAN KOLASA
OFFICIAL, SF -AL
Not for y puroie. Statebt FIIa 104
My Commission Fxjwros
Nlove Ter 23, 2024
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
7001353
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF RESIDENTIAL
SOLID WASTE COLLECTION SERVICES
SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Tamarac will conduct
a public hearing to consider imposing the annual Residential Solid Waste Collection
Services Special Assessments for the Fiscal Year beginning October 1, 2021, upon
Residential Units that receive Residential Solid Waste Collection Services, for the
provision by the City of Residential Solid Waste Collection Services to such properties
within the City of Tamarac.
THE CITY OF TAMARAC
SwrAMALWO
e
The hearing will be held at 5:05 p.m., on September 13, 2021, in Commission
Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida 33321,
for the purpose of receiving public comment on the proposed assessments. All affected
property owners have a right to appear at the hearing and to file written objections with
the City Commission within 20 days of this notice. If a person decides to appeal any
decision made by the City Commission with respect to any matter considered at the
hearing, such person will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the
appeal is to be made. In accordance with the Americans with Disabilities Act, persons
needing a special accommodation or an interpreter to participate in this proceeding
should contact the City Clerk's office at (954) 597-3505, at least 48 hours (2 days)
prior to the date of the hearing.
The assessment for each parcel of residential property that receives Residential
Solid Waste Collection Services from the City will be based upon the total number of
Residential units attributed to that parcel, at the amount of $278.75 per unit.
Copies of the Assessment Ordinance, the Initial Assessment Resolution, the Preliminary
Assessment Resolution, and the Preliminary Residential Solid Waste Collection Services
Special Assessment Roll are available for inspection at the City Clerk's Office, Tamarac
City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida 33321.
The assessments will be collected by the Tax Collector on the ad valorem tax bill to be
mailed in November 2021, as authorized by section 197.3632, Florida Statutes. Failure
to pay the assessments will cause a tax certificate to be issued against the property,
which may result in a loss of title.
If you have any questions, please contact the Finance Department at (954) 597-3550,
Monday through Friday between 8:30 a.m. and 5:00 p.m.
JENNIFER JOHNSON, CIVIC
CITY CLERK
CITY OF TAMARAC
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September 13, 2021
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APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
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September 13, 2021
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CERTIFICATE
TO
NON AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Mayor of the City Commission, or authorized agent of the
City of Tamarac, Florida (the "City"), and as such I have satisfied myself that all property included or
includable on the non -ad valorem assessment roll for residential solid waste collection services (the
"Non -Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to
ascertain; and that all required extensions on the above described roll to show the non -ad valorem
assessments attributable to the property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this
certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the
Broward County Department of Finance and Administrative Services by September 15, 2021.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered
to the Broward County Department of Finance and Administrative Services and made part of the
above described Non -Ad Valorem Assessment Roll this day of
, 2021.
CITY OF TAMARAC, FLORIDA
By:
Title:
[to be delivered to Broward County Department of
Finance and Administrative Services on or before September 151
(7L