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HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-105Temp. Reso. # 1365E September 13, 2021 Page 1 of 11 RESOLUTION NO. R-2021- 10-5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, RELATING TO THE LEVY AND COLLECTION OF THE CITY'S STORMWATER MANAGEMENT UTILITY FEE WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF TAMARAC FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021; APPROVING, CONFIRMING, AND ADOPTING THE STORMWATER MANAGEMENT UTILITY FEE AND STORMWATER MANAGEMENT UTILITY FEE ROLL; PROVIDING FOR OTHER MATTERS RELATING TO THE LEVY AND COLLECTION OF THE STORMWATER MANAGEMENT UTILITY FEE ON THE ANNUAL PROPERTY TAX BILLS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 24, 2013, the Tamarac City Commission adopted Ordinance 2013-05 (the "Ordinance"), which amended Chapter 22 of the City's Code of Ordinances to confirm the authority to levy and collect a Stormwater Management Utility Fee to fund a portion of the City's Stormwater Utility, and to authorize use of the State of Florida Uniform Assessment Collection Act to collect the Stormwater Management Utility Fee on the annual property tax bills; and WHEREAS, on July 14, 2021, the City Commission adopted Resolution R-2021-084 (the "Preliminary Fee Resolution"), which contained legislative findings in support of the Stormwater Management Utility Fee, a brief description of the Stormwater Service Area and services to be funded by the Stormwater Management Utility Fee, described the method for determining the Stormwater Management Utility Fee, established the preliminary Stormwater Management Utility Fees for the Fiscal Year beginning October 1, 2021, directed the preparation of the preliminary Stormwater Management Utility Fee Roll, and directed notice for the public hearing as provided in the Ordinance; and WHEREAS, pursuant to the Ordinance, the City is required to hold a duly noticed public hearing to consider comments and objections of all interested parties, and to confirm, amend, or repeal thePreliminary Fee Resolution and preliminary Stormwater Management Utility Fee Roll; 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, Temp. Reso. # 13658 September 13, 2021 Page 2 of 11 WHEREAS, the City has provided proper notice of the hearing, through U.S. mail using the annual TRIM Notices, and publication in a newspaper generally circulated within Broward County, Florida, to each person owning property subject to the Stormwater Management Utility Fee; and WHEREAS, the preliminary Stormwater Management Utility Fee Roll has been available for inspection by the public since the adoption of the Preliminary Fee Resolution; and, WHEREAS, the City held a public hearing on September 13, 2021, to confirm and levy the Stormwater Management Utility Fee to fund a portion of the City's Stormwater Utility within the City; and WHEREAS, affected property owners have had the right to file written objections to the Stormwater Management Utility Fee, and to appear at the public hearing; and WHEREAS, the City Commission has considered any written objections received by the City, heard testimony from interested persons present at the public hearing, and considered all objections relating to the Stormwater Management Utility Fee; and, WHEREAS, the City Commission hereby levies the Stormwater Management Utility Fee for the Fiscal Year beginning October 1, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct, and are hereby made a specific part of thisResolution upon adoption hereof. Section 2. This Resolution is adopted pursuant to the Ordinance, the Preliminary Fee Resolution, Article VIII, Section 2 of the Florida Constitution, Chapters 166 and 403, Florida Statutes, and other applicable provisions of law. It constitutes the Annual Fee Resolution as defined in the Ordinance. All legislative findings set forth in the Ordinance and the Preliminary Fee Resolution are hereby readopted, confirmed, and ratified herein, and terms defined in the Ordinance and Preliminary Fee Resolution shall have the same meaning herein. Temp. Reso. # 13658 September 13, 2021 Page 3of11 Section 3. It is necessary, serves a City and public purpose, and is in the best interests of the City to levy and collect the Stormwater Management Utility Fee in order to fund a portion of the City's Stormwater Management Utility Services. Section 4. The method for computing the Stormwater Management Utility Fees provided and described in the Ordinance and the Preliminary Fee Resolution, and briefly hereinafter, is hereby approved. Section 5. The Stormwater Service Costs to be charged for the Fiscal Year commencing October 1, 2021, shall be $6,917,621.58. The approval of this Annual Fee Resolution determines the amount of the Stormwater Services Assessed Costs. The remainder of Fiscal Year budget for Stormwater Services shall be funded from available City revenue other than the Stormwater Management Utility Fee. Section 6. The Stormwater Management Utility Fees to be levied and collected for the Fiscal Year beginning October 1, 2021, shall be generally as follows, as more particularly described in the Ordinance and the Preliminary Fee Resolution: • An "Equivalent Residential Unit" (ERU) shall be the basic unit for the computation of stormwater service charges. An ERU is defined as 1,830 square feet of impervious area, which is the impervious area of average Residential Property within the Stormwater Service Area. • The charge in the Fiscal Year beginning on October 1, 2021 per ERU for all improved properties within the City of Tamarac corporate limits shall be One Hundred Forty -Two and 27/100 Dollars ($142.27). • The Stormwater Management Utility Fee imposed for residential properties shall be the rate for one (1) ERU per unit, which is $142.27 for the Fiscal Year beginning October 1, 2021. • The Stormwater Management Utility Fee for Non -Residential Property shall be calculated using the formula set forth in Section 22- 254 of the City's Code of Ordinances. Temp. Reso. # 13658 September 13, 2021 Page 4 of 11 • For each parcel of Undeveloped Property, the Stormwater Management Utility Fee shall be 1.6237 ERUs per acre or portion thereof. These Stormwater Management Utility Fees are hereby established to fund the Stormwater Services Costs in the Fiscal Year beginning October 1, 2021. Section 7. All reductions or exemptions set forth in the Preliminary Fee Resolution are hereby confirmed. Any shortfall in the expected proceeds from the Stormwater Management Utility Fee due to any reduction or exemption from payment of the Stormwater Management Utility Fee required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Stormwater Management Utility Fee collected through the Uniform Assessment Collection Act. In the event a court of competent jurisdiction determines any exemption or reduction by the City Commission is improper or otherwise adversely affects the validity of the Stormwater Management Utility Fee imposed for this Fiscal Year, the sole and exclusive remedy shall be the imposition of a Stormwater Management Utility Fee upon each affected Tax Parcel in the amount of the Stormwater Management Utility Fee that would have been otherwise imposed save for such reduction or exemption afforded to such Tax Parcel. Section 8. The above Stormwater Management Utility Fees are hereby approved, levied and imposed on all parcels described in the Stormwater Management Utility Fee Roll, as defined in the Ordinance, for the fiscal year beginning on October 1, 2021. Section 9. The Stormwater Management Utility Fee Roll, as defined in the Ordinance, and as adopted and approved herein, shall be certified by the Mayor or his designee. Section 10. The Stormwater Management Utility Fee Roll, as defined in the Ordinance, shall be filed with the City Clerk and the Stormwater Management Utility Fees set forth therein shall Temp. Reso. # 13658 September 13, 2021 Page 5of11 stand confirmed. All Stormwater Management Utility Fees shall constitute legal_, valid, and binding first liens, unless otherwise provided by law, upon property against which such Stormwater Management Utility Fees are made until paid. Section 11. The Stormwater Management Utility Fee Roll, as adopted and approved herein, shall be certified by the Stormwater Management Utility Fee Coordinator and delivered no later than September 15, 2021, to the Broward County Finance and Administrative Services Department, which pursuant to the Broward County Charter performs all functions and duties of the office of tax collector. Section 12. The adoption of this Annual Fee Resolution shall be the final adjudication of any and all issues relating to the City's Stormwater Management Utility Fee (including, but not limited to, the methods of calculation and the amount of Stormwater Management Utility Fee levied on a parcel) unless proper steps are initiated in a court of competent jurisdiction within twenty (20) days of the adoption of this Final Stormwater Management Utility FeeResolution. Section 13. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 14. 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 15. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS 13' DAY OF SEPTEMBER, 2021. Temp. Reso. # 13658 September 13, 2021 Page 6 of 11 CITY OF TAMARAC FLORIDA k, � /�/, 41 / u -/4 - MICItMEE J. GO YOR ATTES ': L�JETY E O S N CMC ElkK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON G•Y DIST 2: COMM. GELIN DIST 3: V/M. VILLALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE Temp. Reso. # 13658 September 13, 2021 Page 7of11 APPENDIX A AFFIDAVIT OF MAILING Temp. Reso. # 13658 September 13, 2021 Page 8of11 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 Stormwater Management Utility Fee Roll and the preparation and mailing of notices in accordance with the Stormwater Management Utility Fee Ordinance in conformance with the Preliminary Fee Resolution adopted by the City Commission on July 14, 2021 (the "Preliminary Fee Resolution"). The Preliminary Fee 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 Stormwater Management Utility Fee 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 fee; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the fee; the number of such units contained within each parcel; the total revenue the City expects to collect by the fee; a statement that failure to pay the fee 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 The f regoin Affidavit of Mailing was sworn to of 2021 by Kathleen Gum Tamarac, Florida. He is personally known to me or has pi oath. REGINA M. SKENMDORE N MY COMMISSION i# HH 128063 a" EXPIRES: May 10, 2025 — OR•'�°Q Bonded TAru Notary Public Underndters P] and subscribed before me this /T day , Interim City Manager, and City of )duced as identification and did take an State of Florida My Commission Expires: Commission No.: APPENDIX B PROOF OF PUBLICATION J00032492.1 2704-0501640 } Temp. Reso. # 13318 September 13, 2019 Page 9 of 11 � �§k@kbA& 0LAS « OfFiCiAl, SEAL ay w> State¥ y*« vy£_ma6omwmm, ©Nvvember23,2024 I'4V I RaL: UF 1 V IIVlr U0L: /-\IVV PROVIDE FOR COLLECTION OF STORMWATER UTILITY MANAGEMENTFEES Notice is hereby given that the City Commission of the City of Tamarac, Florida ("City"), will conduct a public hearing to consider imposing Stormwater Utility Management Fees for the Fiscal Year beginning October 1, 2021 within the City of Tamarac. THE CITY OF TAMARAC The hearing will be held at 5:05 p.m. on September 13, 2021, in the City Commission Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, for the purpose of receiving public comment on the proposed Stormwater Utility Management Fees. 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 atthe hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, includingthe 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 Stormwater Utility Management Fees have been proposed to fund the City's cost to provide Stormwater Management Service within the City of Tamarac. The Stormwater Utility Management Fees are based upon the estimated amount of stormwater runoff generated by impervious surface on the property. Impervious surfaces include the rooftop, patios, driveways, parking lots, and similar areas. The City has determined thatthe average Residential Property in the Stormwater Service Area includes 1,830 square feet of impervious surface, which is defined as the "Equivalent Stormwater Unit" or "ERU Value." The annual Stormwater Utility Management Fee rate for the Fiscal Year beginning October 1, 2021 will be $142.27 for each ERU. Each residential property in the City will be charged forone ERU, which is $142.27 forthe Fiscal Yearbeginning October 1, 2021. Generally, the number of ERUs was calculated for each parcel of Nonresidential Property by dividing the impervious surface area by the ERU value of 1,830 square feet. For Undeveloped Property, the amount of Stormwater Utility Management Fee shall be 1.6237 ERUs per acre or portion thereof. A more specific description is set forth in Chapter 22 of the City's Code of Ordinances, and the Preliminary Fee Resolution adopted by the City Commission on July 14, 2021. Copies of the Ordinance, the Preliminary Fee Resolution and the Stormwater Utility Management Fee Roll are available for inspection at the City Clerk's Office, Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida 33321. The Stormwater Utility Management Fees will be collected on the ad valorem tax bill to be mailed in November 2021, as authorized by section 197.3632, Florida Statutes. Failure to pay the Stormwater Utility Management Fees 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, CMC CITY CLERK n IT/ (lr TA RA A n A/l M /lnlMA APPENDIX C FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL 100032492.1 2704-0501640 } Temp. Reso. # 13318 September 13, 2019 Page 9of11 Temp. Reso. # 13318 September 13, 2019 Page 9 of 11 CERTIFICATE TO STORMWATER MANAGEMENT UTILITY FEE 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 Stormwater Management Utility Fee Roll for stormwater management utility services (the "Stormwater Management Utility Fee Roll") for the City is properly levied so far as I have been able to ascertain; and that all required extensions on the above described roll to show the Stormwater Management Utility Fees 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 Stormwater Management Utility Fee 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 a ove described Stormwater Management Utility Fee Roll this day of , 2021. CITY OF TAMARAC, FLORIDA By: _ III&JIta �—1 (-/1 -,- Title: D [to be delivered to Broward County Department of Finance and Administrative Services on or before September 151 {00032492.1 2704-0501640 } (77:-