HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-084 Solid Waste AssessmentTemp. Reso. #13782
July 13, 2022
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022 - VV�
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, RELATING TO
THE PROVISION OF RESIDENTIAL SOLID WASTE
COLLECTION SERVICES AND FACILITIES AND
PROGRAMS IN THE CITY OF TAMARAC, FLORIDA;
PROVIDING FOR PURPOSE AND DEFINITIONS;
PROVIDING FOR LEGISLATIVE DETERMINATIONS;
ESTABLISHING THE ESTIMATED RATE FOR THE
RESIDENTIAL SOLID WASTE COLLECTION
SERVICES ASSESSMENT FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2022; DIRECTING THE
PREPARATION OF A RESIDENTIAL SOLID WASTE
COLLECTION SERVICES SPECIAL ASSESSMENT
ROLL; AUTHORIZING A PUBLIC HEARING AND
DIRECTING THE PROVISION OF NOTICE
THEREOF; PROVIDING FOR CONFLICTS;
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
WHEREAS, City of Tamarac Ordinance No. 2012-09, adopted on April 25,
2012, provides for the home rule authority of the City "to impose Residential Solid
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Waste Collection Services Special Assessments against Residential property
located within the City," and provides findings of special benefit to real property as
a result of such services; and
WHEREAS, the City has in place a Franchise Agreement with Waste
Management, Inc. of Florida (hereinafter "Waste Management"), pursuant to which
the City provides Residential Solid Waste Collection Services to, among others, all
residential properties that receive Residential Solid Waste Collection Services
within the City; and
WHEREAS, the City Commission believes it is in the best interests of the
residents and residential property owners to annually collect funds for the costs of
the City's Residential Solid Waste Collection Services to all residential units that
receive Residential Solid Waste Collection Services by the City, through its
Franchise Agreement, through the levy and collection of a special assessment, as
such eliminates direct monthly billing and charges to residents, permits the
payment for the services on an annual basis along with property taxes and other
special assessments, reduces the administrative costs of the Residential Solid
Waste Collection Program to the City, and ensures that all properties that receive
Residential Solid Waste Collection Services from the City through the Franchise
Agreement 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, Residential Solid Waste Collection Services provided by the
City through its Franchise Agreement provide the requisite special benefit to
Assessed Property such that they may be funded through a special assessment;
and
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July 13, 2022
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WHEREAS, Resolution 2012-87, adopted by the City Commission on July
11, 2012, served as the Initial Assessment Resolution for the Residential Solid
Waste Collection Services Special Assessment, and established applicable
definitions for the annual Residential Solid Waste Collection Services Special
Assessment, set forth legislative findings of fact to support the annual levy and
collection of the Residential Solid Waste Collection Services Special Assessment,
described the services to be funded by the Residential Solid Waste Collection
Services Special Assessment, and described the methodology for apportioning the
Residential Solid Waste Collection Services Cost among Assessed Properties;
FTit:J
WHEREAS through the adoption of Resolution 2012-104, on September
13, 2012, the City Commission levied the Residential Solid Waste Collection
Services Special Assessment for the initial year of the assessment, the Fiscal Year
that began on October 1, 2012; and
WHEREAS City staff has reviewed the budget for Residential Solid Waste
Collection Services for the Fiscal Year beginning October 1, 2022, for residential
units that receive Residential Solid Waste Collection Services by the City through
the Franchise Agreement to ensure that the Residential Solid Waste Collection
Services Special Assessment meets the legal requirements for special benefit and
fair apportionment; and
WHEREAS the City Commission determines that it is fair and equitable to
levy and collect the annual non -ad valorem special assessment for the Fiscal Year
beginning October 1, 2022, to fund the Residential Solid Waste Collection Services
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provided by the City through its Franchise Agreement, consistent with the
methodology and allocation as provided hereinafter.
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Section 1: The foregoing recitals are true and correct and hereby
adopted as the legislative and administrative findings of the City Commission; all
exhibits attached hereto are incorporated herein and made a specific part of this
Resolution.
Section 2: This Resolution is adopted pursuant to the provisions of
Ordinance No. 2012-09 (the "Ordinance"), Resolution 2012-87 (the "Initial
Assessment Resolution"), Sections 166.021 and 166.041, Florida Statutes, and
other applicable provisions of law.
Section 3: This Resolution constitutes the Preliminary Assessment
Resolution as defined in the Ordinance which sets forth the preliminary
assessment rates for the Fiscal Year beginning October 1, 2022, sets forth the
date, time, and location for the City Commission to consider public comments on
the adoption of the Annual Assessment Resolution, provides for the update to the
annual Assessment Roll, and directs notice of the public hearing as may be
required by law and the Ordinance.
Section 4: All capitalized words and terms not otherwise defined herein
shall have the meanings set forth in the Ordinance and the Initial Assessment
Resolution. Unless the context indicates otherwise, words imparting the singular
number, include the plural number, and vice versa.
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(A) Upon the imposition of the Residential Solid Waste Collection Services
Assessment for Residential Solid Waste Collection Services upon Assessed
Property located within the City, the City shall continue to provide Residential Solid
Waste Collection Services to such Assessed Property through the Franchise
Agreement. The cost to provide such Residential Solid Waste Collection Services
shall be funded from the proceeds of the Residential Solid Waste Collection
Services Assessments.
(B) It is hereby ascertained, determined, and declared that each parcel of
Assessed Property located within the City will be benefited by the City's provision
of Residential Solid Waste Collection Services in an amount not less than the
Residential Solid Waste Collection Services Assessment imposed against such
parcel through this Preliminary Assessment Resolution.
Section 6: Residential Solid Waste Collection Services Assessments
shall be imposed against all Residential units that receive Residential Solid Waste
Collection Services, as provided herein. The Cost Apportionment described in the
Initial Assessment Resolution is approved and adopted as the methodology to
impose and compute the Residential Solid Waste Collection Services Assessment
for the Fiscal Year beginning October 1, 2022.
Section 7: The legislative findings of authority, special benefit and fair
apportionment made by the City Commission through its adoption of the Ordinance
and the Initial Assessment Resolution, are incorporated as if fully set forth herein.
Section 8: The Franchise Agreement provides for an annual charge to
the Assessed Properties for the Residential Solid Waste Collection Services
provided by the City through its Franchise Agreement. The Residential Solid
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Waste Collection Services Assessed Costs include other costs associated with the
Residential Solid Waste Collection Special Assessment, which are then allocated
to the Assessed Properties in addition to the annual charge in the Franchise
Agreement to determine the Assessment Amount. The Assessment Amount is
then multiplied by the number of Residential units on such Tax Parcel. For the
Fiscal Year commencing October 1, 2022.
Section 9:
(A) The Residential Solid Waste Collection Service Assessed Costs to
be assessed and apportioned among Assessed Properties pursuant to the Cost
Apportionment for the Fiscal Year commencing October 1, 2022, is the amount
determined in the manner described in Section 8 above, and within in the
Estimated Residential Solid Waste Collection Services Assessment Rate
Schedule, attached hereto as Appendix A. The approval of the Estimated
Residential Solid Waste Collection Services Assessment Rate Schedule by the
adoption of this Preliminary Assessment Resolution determines the amount of the
Residential Solid Waste Collection Services Assessed Costs.
(B) The estimated Residential Solid Waste Collection Services
Assessments specified in the Estimated Residential Solid Waste Collection
Services Assessment Rate Schedule are hereby established to fund the specified
Residential Solid Waste Collection Services Assessed Costs determined to be
assessed in the Fiscal Year commencing October 1, 2022.
(C) The estimated Residential Solid Waste Collection Services
Assessments established in this Preliminary Assessment Resolution shall be the
estimated assessment rates applied by the Assessment Coordinator in the
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preparation of the updated Residential Solid Waste Collection Services Special
Assessment Roll for the Fiscal Year commencing October 1, 2022, as provided in
Section 10 of this Preliminary Assessment Resolution.
Section 10:
(A) The Assessment Coordinator is hereby directed to prepare, or cause
to be prepared, a Residential Solid Waste Collection Services Special Assessment
Roll for the Fiscal Year commencing October 1, 2022, in the manner provided in
this Preliminary Assessment Resolution. The Assessment Coordinator shall
apportion the estimated Residential Solid Waste Collection Service Assessed Cost
to be recovered through Residential Solid Waste Collection Services Assessments
in the manner set forth in this Preliminary Assessment Resolution. A copy of this
Preliminary Assessment Resolution, the Ordinance, the Initial Assessment
Resolution, and the updated Residential Solid Waste Collection Services Special
Assessment Roll for the Fiscal Year beginning October 1, 2022, 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 Residential Solid Waste
Collection Services Special Assessment Roll proposed for the Fiscal Year
commencing October 1, 2022, be in printed form if the amount of the Residential
Solid Waste Collection Services Assessment for each parcel of property can be
determined by the use of a computer terminal available to the public.
(B) It is hereby ascertained, determined, and declared that the method
of determining the Residential Solid Waste Collection Services Assessments for
the City's Residential Solid Waste Collection Services as set forth in the Initial
Assessment Resolution and incorporated and described within this Preliminary
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Assessment Resolution is a fair and reasonable method of apportioning the
Residential Solid Waste Collection Services Assessed Cost among parcels of
Assessed Property located within the City, as the methodology and apportionment
assures that no property is assessed an amount greater than the benefit which it
receives from the Residential Solid Waste Collection Services provided by the City
through its Franchise Agreement.
Section 11: 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 City Hall, 7525
Northwest 88th Avenue, Tamarac, Florida 33321, at which time the City
Commission will receive and consider any comments on the Residential Solid
Waste Collection Services Assessment from the public and affected property
owners and consider imposing the Residential Solid Waste Collection Services
Assessment for the Fiscal Year beginning October 1, 2021, and collecting such
assessments on the same bill as ad valorem taxes.
Section 12: As required by the Ordinance and the Uniform Assessment
Collection Act, the City Manager, or designee, shall publish notice of the public
hearing authorized by Section 11 hereof, in the manner and time provided within
the Ordinance. The notice shall be published no later than August 14, 2022, in
substantially the form attached hereto as Appendix B.
Section 13: The City Manager, or designee, shall also ensure timely notice
by use of the TRIM notice forwarded annually by the Property Appraiser's Office
to the Owner of each parcel of Assessed Property within the City, at least twenty
(20) days prior to the public hearing, as required by the Ordinance, and the Uniform
Assessment Collection Act.
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Section 14: The City Manager, or designee, may provide proof of such
notice by affidavit, if any is required pursuant to the Ordinance or other applicable
law.
Section 15: Proceeds derived by the City from the Residential Solid Waste
Collection Services Assessments will be utilized for the provision of Residential
Solid Waste Collection Services, facilities, and programs by the City, through its
Franchise Agreement, as described herein.
Section 16: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 17: 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 18: This Resolution shall become effective immediately upon
adoption.
"The remainder of this page is left blank intentionally"
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PASSED, ADOPTED AND APPROVED this 13th day of July 2022.
ATTEST:
41,
KIM ERLY ILLON, CMC
ACTING CITY CLERK
V
MIC ELLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ: `' es
DIST 1: COMM. BOLTON ��i
DIST 2: V/M GELIN yk�
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. PLACKO
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR
THE bSk AND RELIANCFt OF THE CITY OF TAMARAC ONLY.
01l. F�ERIN, J
ITY ATTORNEY
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July 13, 2022
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APPENDIX A
ESTIMATED RESIDENTIAL SOLID WASTE COLLECTION SERVICES
ASSESSMENT RATE SCHEDULE
SECTION A-1. DETERMINATION OF RESIDENTIAL SOLID WASTE
COLLECTION SERVICES ASSESSED COSTS. The estimated Residential Solid
Waste Collection Services Assessed Costs to be assessed for the Fiscal Year
commencing October 1, 2022, is $5,113,956.
SECTION A-2. ESTIMATED RESIDENTIAL SOLID WASTE
COLLECTION SERVICES ASSESSMENTS. The estimated Residential Solid
Waste Collection Services Assessments to be assessed and apportioned among
benefitted parcels pursuant to the Cost Apportionment Methodology to generate
the estimated Residential Solid Waste Collection Services Assessed Cost for the
Fiscal Year commencing October 1, 2022, are hereby established as follows for
the purpose of this Preliminary Assessment Resolution:
RESIDENTIAL UNITS: $278.75 PER UNIT
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APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To Be Published on August 14, 2022
[INSERT MAP OF CITY]
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,
2022, 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 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 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.
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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 on the ad valorem tax bill to be mailed in
November 2022, 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.
CITY CLERK
CITY OF TAMARAC, FLORIDA