HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-083 Stormwater Utility Management FeeTemp. Reso. #13781
July 13, 2022
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022 - 0S3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, RELATING TO THE PROVISION
OF STORMWATER MANAGEMENT PROVIDED BY THE
CITY'S STORMWATER UTILITY; DETERMINING THAT
CERTAIN REAL PROPERTY WILL BE SPECIALLY
BENEFITED THEREBY; ESTABLISHING AND
CONFIRMING THE METHOD OF CALCULATING THE
COST OF STORMWATER MANAGEMENT SERVICE
AGAINST THE REAL PROPERTY THAT WILL BE
SPECIALLY BENEFITED THEREBY; DIRECTING THE CITY
MANAGER TO PREPARE OR DIRECT THE PREPARATION
OF A PRELIMINARY STORMWATER UTILITY
MANAGEMENT FEE ROLL BASED UPON THE
METHODOLOGY SET FORTH HEREIN; ESTABLISHING A
PUBLIC HEARING FOR THE PROPOSED STORMWATER
UTILITY MANAGEMENT FEES AND DIRECTING THE
PROVISION OF NOTICE IN CONNECTION THEREWITH;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions
as may be required for the proper governing of the City; and
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July 13, 2022
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WHEREAS, City of Tamarac Ordinance No. 2013-05, adopted by the City
Commission on April 24, 2013, provides for the home rule authority of the City "to impose
Stormwater Services Special Assessments against property located within the City," and
provides findings of special benefit to real property as a result of such services; and
WHEREAS, the City Commission believes it is in the best interests of the residents
and property owners to annually collect funds for the costs of the City's Stormwater
Services to all properties that receive Stormwater Services by the City, through the levy
and collection of a special assessment, as such eliminating direct monthly billing and
charges to property owners, permits the payment for the services on an annual basis
along with property taxes and other special assessments, reduces the administrative
costs of the Stormwater Utility to the City, and ensures that all properties that receive
Stormwater Services from the City pay for such so that no property is over -charged by
virtue of the failure of other properties to pay for the service; and
WHEREAS, Stormwater Services provided by the City provide the requisite special
benefit to Assessed Property such that they may be funded through a special
assessment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
Temp. Reso. 413781
July 13, 2022
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ARTICLE 1
DEFINITIONS AND CONSTRUCTION
Section 1.01. This resolution constitutes the Preliminary Fee Resolution for
the levy of the annual Stormwater Utility Management Fee and collection using the
Uniform Assessment Collection Act, as defined in the Ordinance. All capitalized words
and terms have the meaning as set forth in the Ordinance. As used in this resolution, the
following terms shall have the following meanings, unless the context hereof otherwise
requires:
"ERU Value", the City has computed an "ERU Value" of 1830 square feet, which
shall be used to calculate the number of ERUs attributable to each Tax Parcel.
"Ordinance" means Ordinance 2013-05, adopted by the Commission on April 24,
2013, as may be amended from time to time and as codified in Chapter 22 of the City's
Code of Ordinances.
Section 1.02. Unless the context indicates otherwise, words importing the
singular number include the plural number, and vice versa; the terms "hereof," "hereby,"
"herein," "hereto," "hereunder" and similar terms refer to this resolution; and the term
"hereafter" means after, and the term "heretofore" means before, the effective date of this
resolution. Words of any gender include the correlative words of the other genders unless
the sense indicates otherwise.
Section 1.03. It is hereby ascertained, determined, and declared that:
(A) The general and legislative findings set forth in the Ordinance, codified in
Section 22-259, are incorporated, and relied upon herein.
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July 13, 2022
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(B) The special benefits provided by the Stormwater Management Services to
all Assessed Property located within the Stormwater Service Area (the same area as the
Stormwater Improvement Area) include, but are not limited to: (1) the provision of
Stormwater Management Services and the availability and use of facilities and
improvements by the owners and occupants of Assessed Property to properly and safely
detain, retain, convey, and treat Stormwater discharged from Assessed Property; (2)
stabilization of or the increase of Developed Property values; (3) increase safety and
better access to Assessed Property; (4) improved appearance; (5) rendering Developed
Property more adaptable to a current or reasonably foreseeable uses; (6) alleviation of
the burdens caused by Stormwater runoff and accumulation attendant with the use of
Assessed Property; and (7) fostering the enhancement of environmentally responsible
use and enjoyment of the natural resources within the Stormwater Area.
(C) The City's Stormwater Management Services are necessitated by the
existence of Impervious Area and the use by Assessed Properties of the City's
Stormwater Utility Management System. Undeveloped Property has minimal Impervious
Area but utilize the City's Stormwater Utility Management System. As a result, the
Ordinance provides for a charge per acre for Undeveloped Properties. At the same time,
the City's methodology is based upon ERUs being assigned to Assessed Properties.
Having multiple methodologies creates the potential of additional work and expense in
creating the Assessment Roll, and in coordinating with the Broward County Property
Appraiser. The per acre Stormwater Utility Management Fee for Undeveloped Property
can be calculated by using a formula based upon ERUs, permitting the City to use a single
methodology to calculate the Stormwater Utility Management Fee. As a result, it is fair
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July 13, 2022
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and reasonable to calculate the per acre Stormwater Utility Management Fee for
Undeveloped Properties by multiplying a factor by the ERU Value.
(D) Pervious portions of properties used as golf courses do not utilize the City's
Stormwater Management System; rather, they contain no impervious space and contain
their own stormwater. As a result, it is fair and reasonable not to impose a Stormwater
Utility Management Fee upon the pervious portions of those parcels of property used as
golf courses.
(E) The Stormwater Utility Management Fees authorized by the Ordinance and
this Preliminary Fee Resolution provide an equitable method of funding the Stormwater
Service Cost attributed to Assessed Property by fairly and reasonably allocating the
Stormwater Service Cost to specially benefited Assessed Property. Assessed Property
is classified on the basis of the Stormwater burden expected to be generated by the
physical characteristics and use of such property.
(F) Any shortfall in the expected proceeds from the Stormwater Utility
Management Fee due to any reduction or exemption from payment of the Stormwater
Utility Management 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 Utility Management 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 Utility Management
Fee imposed for this Fiscal Year, the sole and exclusive remedy shall be the imposition
of a Stormwater Utility Management Fee upon each affected Tax Parcel in the amount of
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July 13, 2022
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the Stormwater Utility Management Fee that would have been otherwise imposed save
for such reduction or exemption afforded to such Tax Parcel.
ARTICLE II
STORMWATER UTILITY MANAGEMENT FEES
Section 2.01.
(A) The City Commission hereby establishes the entire incorporated area of the
City of Tamarac as the Stormwater Service Area/Stormwater Improvement Area
(collectively, the Stormwater Service Area.)
(B) The Stormwater Utility shall provide Stormwater Management Services to
all Assessed Property within the Stormwater Service Area. All or any portion of the
Stormwater Service Cost may be funded from the proceeds of the Stormwater Utility
Management Fees.
(C) The Stormwater Utility may also acquire and construct capital facilities to
assist and facilitate the provision of Stormwater Management Services within the
Stormwater Service Area.
Section 2.02.
(A) A Stormwater Utility Management Fee shall be imposed against all
Assessed Property within the Stormwater Service Area. The Stormwater Service Cost
shall be assessed against all Tax Parcels of Assessed Property within the Stormwater
Service Area at a rate of assessment based upon the special benefit accruing to such
Assessed Property from the City's provision of Stormwater Management Services,
measured by the number of ERUs attributable to each Tax Parcel.
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July 13, 2022
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(B) The Stormwater Utility Management Fee will be computed for each Tax
Parcel of Developed Property located within the Stormwater Service Area by multiplying
the number of ERUs attributable thereto by $154.45 annually.
(C) For each parcel of Undeveloped Property, the Stormwater Utility
Management Fee shall be 1.6237 ERUs per acre or portion thereof.
(D) The City Commission hereby finds that the rate per ERU of $154.45 for
Developed Property and 1.6237 ERUs per acre or portion thereof for Undeveloped
Property ensures that the aggregate Stormwater Utility Management Fee within the
Stormwater Service Area does not exceed the Stormwater Service Cost for the
Stormwater Utility for the Fiscal Year beginning on October 1, 2022.
(E) The total Stormwater Service Cost to be funded by the Stormwater Utility
Management Fees hereby shall be $7,505,935.
(F) Any state law requirements for exemptions, including without limitation,
condominium, and HOA common areas, shall apply to the Stormwater Utility
Management Fee.
Section 2.03.
The City Manager is hereby directed to prepare, or direct the preparation of, the
updated Stormwater Utility Management Fee Roll for the Stormwater Utility Management
Fee in the manner provided in the Ordinance. A copy of this Preliminary Fee Resolution
and the Stormwater Utility Management Fee Roll for the Stormwater Utility Management
Fee shall be maintained on file in the office of the City Clerk and open to public inspection.
The foregoing shall not be construed to require that the Stormwater Utility Management
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July 13, 2022
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Fee Roll be in printed form if the amount of the Stormwater Utility Management Fee for
each Tax Parcel can be determined by use of an available computer terminal.
Section 2.04.
(A) The Stormwater Utility Management Fee levied on all Assessed Property
on the Stormwater Utility Management Fee Roll will be collected using the Uniform
Assessment Collection Act.
(B) The City may bill the Stormwater Utility Management Fee on Assessed
Properties for which the Uniform Assessment Collection Act does not apply by any other
legally available means.
ARTICLE III
DETERMINATION OF ERUs
Section 3.01. Each Tax Parcel located within the Stormwater Service Area
shall be assigned to one of the following classifications set forth in Section 22-253(a):
Residential Property, Non-residential Property, or Undeveloped Property.
Section 3.02.
(A) The Commission hereby finds and determines as follows:
(1) The cost of measuring or verifying the Impervious Area for each
individual Residential Property greatly exceeds any benefit to be derived
from individual measurement and verification.
(2) Through a statistically valid sampling procedure, including review of
City data and the ad valorem tax roll information for residential properties
within the City, it has been determined that the average Residential Property
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July 13, 2022
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within the Stormwater Service Area contains 1,830 square feet of
Impervious Area.
(B) The City has determined that all Residential Properties within the
Stormwater Service Area are likely to have a similar impact on the Stormwater system;
therefore, it is fair and reasonable to assign one (1) ERU to each Residential Property.
Section 3.03. For Non -Residential Property, the impervious area of the
property is the determining factor as to the calculation of the Stormwater Management
Utility Fee. The Fee for Non -Residential Property shall be calculated using the formula set
forth in Section 22-254 of the City's Code of Ordinances.
Section 3.04. The Stormwater Management Utility Fee for Undeveloped
Property shall be a set rate based upon acreage, as described in Section 22-254 of the
City's Code of Ordinances.
ARTICLE IV
NOTICE AND PUBLIC HEARING
Section 4.01. There is hereby established a public hearing to be held at 5:05
p.m. on September 12, 2022, in the City Commission Chambers of Tamarac City Hall,
7525 Northwest 88th Avenue, Tamarac, Florida 33321, to consider imposition of the
Stormwater Utility Management Fees and their collection pursuant to this Preliminary Fee
Resolution.
Section 4.02. The City Manager, or designee, shall publish a notice of the
public hearing authorized by Section 4.01 hereof in the manner and the time provided in
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July 13, 2022
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the Ordinance. The published notice shall be in substantially the form attached hereto as
Appendix A.
Section 4.03. The City Manager, or designee, shall, at the time and in the
manner specified in the Ordinance, provide mailed notice of the public hearing authorized
by Section 4.01 hereof to each property owner proposed to be assessed at the address
indicated on the Tax Roll.
ARTICLE V
GENERAL PROVISIONS
Section 5.01.
(A) As authorized by Section 22-266 of the Ordinance, petitions for review of
the number of ERUs attributed to any Tax Parcel shall be submitted to the City's Utility
Director, who shall have authority to correct any errors made in applying the provisions
of this Preliminary Fee Resolution to the Tax Parcel. The following procedures shall apply
to all petitions.
(1) Each petition shall be made in writing to the City's Utility Director by
the owner of the Tax Parcel or such owner's authorized agent, setting forth,
in detail, the grounds upon which adjustment is sought.
(2) The petition must be filed with the City's Utility Director within thirty
(30) days of the receipt of the mailed notice and shall be reviewed by the
City's Utility Director, or designee within thirty (30) days of the date of receipt
by the City. The petitioner may be required, at petitioner's own cost, to
provide supplemental information to the City's Utility Director including, but
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July 13, 2022
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not limited to, survey data approved by a professional land surveyor and/or
engineering reports approved by a professional engineer. Failure to provide
such information may result in the denial of the petition.
(3) The City's Utility Director shall provide a response in writing, and that
determination shall be final.
(4) The filing of a petition shall not extend the time for payment of any
Stormwater Utility Management Fee. If the number of ERUs is adjusted for
any Tax Parcel, the Stormwater Utility Management Fee shall be corrected
by the City in accordance with the Ordinance. If the Stormwater Utility
Management Fee has been paid prior to adjustment of the number of ERUs,
the City shall refund the amount by which the Stormwater Utility
Management Fee has been reduced, adjusted for any early payment
discount taken by the owner.
(5) The City Manager, or designee, may initiate adjustments to the
number of ERUs attributed to any Tax Parcel. If the number of ERUs is
reduced for any Tax Parcel, the Stormwater Utility Management Fee shall
be corrected in accordance with the Ordinance. In such event, if the
Stormwater Utility Management Fee has been paid prior to adjustment of
the number of ERUs, the City shall refund the amount by which the
Stormwater Utility Management Fee has been reduced. If the number of
ERUs is increased for any Tax Parcel, the adjustment shall become
effective for Stormwater Utility Management Fees in subsequent Fiscal
Years.
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July 13, 2022
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Section 5.02. 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 5.03. All resolutions or parts of resolutions on in conflict herewith be,
and the same are hereby repealed to the extent of such conflict.
Section 5.04. This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 13th day of July 2022.
ATTEST:
KIMBERL ILLON, CMC
ACTING CITY CLERK
gt�&&9J I---
MICH LLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ:
DIST 1: COMM. BOLTONG_
DIST 2: V/M GELIN
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. PLACKO
APPROVED�AS TO FORM AND LEGAL SUFFICIENCY FOR
THE USK AW RELIANCEIOF THE CITY OF TAMARAC ONLY.
W�l�I-_
TR
ORNEY
Temp. Reso. #13781
July 13, 2022
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APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
To Be Published on August 14, 2022
[MAP OF STORMWATER SERVICE AREA]
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF
STORMWATER UTILITY MANAGEMENT FEES
Notice is hereby given that the City Commission of City of Tamarac, Florida ("City"),
will conduct a public hearing to consider imposing Stormwater Utility Management Fees
within the City of Tamarac, as shown above, and collecting such on the annual Property
Tax Bills.
The hearing will be held at 5:05 p.m. on September 12, 2022, in the 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 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
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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, as shown
above. 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 that the 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, 2022, will be $154.45 for each ERU. Each
residential property in the City will be charged for one ERU, which is $154.45 for the Fiscal
Year beginning October 1, 2022.
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 8, 2020. 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, City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida
33321.
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The Stormwater Utility Management Fees will be collected on the ad valorem tax
bill to be mailed in November 2022, 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.
CITY CLERK
OF TAMARAC, FLORIDA