HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-096 Stormwater Management Utility FeeTemp. Reso. # 13821
September 12, 2022
Page 1 of 11
RESOLUTION NO. R-2022- Qg6
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, 2022; 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 13, 2022, the City Commission adopted Resolution R-2022-083 (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, 2022, 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
the Preliminary 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. # 13821
September 12, 2022
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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 12, 2022, 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, 2022.
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 this Resolution 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. # 13821
September 12, 2022
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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, 2022, shall be $7,505,935. 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, 2022, 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, 2022 per ERU
for all improved properties within the City of Tamarac corporate limits
shall be One Hundred Fifty -Four and 45/100 Dollars ($154.45).
• The Stormwater Management Utility Fee imposed for residential
properties shall be the rate for one (1) ERU per unit, which is $154.45
for the Fiscal Year beginning October 1, 2022.
• 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. # 13821
September 12, 2022
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, 2022.
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, 2022.
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. # 13821
September 12, 2022
Page 5 of 11
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, 2022, 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 Fee Resolution.
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.
Temp. Reso. # 13821
September 12, 2022
Page 6 of 11
PASSED, ADOPTED AND APPROVED THIS 12tb DAY OF SEPTEMBER 2022.
ATTEST:
[I-
KIMBERLY PILLON, CMC
CITY CLERK
CITY OF TAMARAC FLORIDA
MICHEi,LE J. GOMEZ, MAY R
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: V/M GELIN
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. PLACKO
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR
THE USE AND RELIANCIfOF THE CITY OF TAMARAC ONLY.
Temp. Reso. # 13821
September 12, 2022
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APPENDIX A
AFFIDAVIT OF MAILING
Temp. Reso- # 13821
September 12, 2022
Page 8 of 11
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 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 13, 2022 (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.
NAffi
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing Affidavit of Mailing was sworn to and subscribed before me this Iq12�day of
S(�iP , 2022 by Kathleen Gunn, City Manager, and City of Tamarac, Florida.
She is personally known to me or has produced as identification and did take an oath.
Notary Public, State of Florida
Printed Name
i
My Commission Expires:.'
Commission No.:
EANN MARIE GORDONNotary Public - State of Florida Commission : HH 095695My Comm. Expires Feb 22. 2025ded through National Notary Assr.
APPENDIX B
PROOF OF PUBLICATION
Temp. Reso. # 13821
September 12, 2022
Page 9 of 11
:00032492.1 2704-0501640 }
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 Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, 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 11745-Other Legal Notices,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper's website, if authorized on Aug 14, 2022
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: August 15, 2022.
00A0.A_ _4
Signature of Notary Public
AriirYiii
L00M ADLLNS
[amw�fo bn t OG "ZW
.' &V Comm. AW 27, M4
ions Mrttoatl Mm.
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: U.S. Mail
Affidavit Email Address:
7246956
SUN -SENTINEL
J
Order # - 7246956
Notice is hereby given that the City Commission of the City Of Tamarac, Florida ("City-). will
c0;duel a public belong to consitler Imposing Stbrmwater Jtllity, Management Fees for the Fiscal
Year beginning October 1, 2022 within the City of Tamarac.
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The hearing will be held at 5,05 p.m. on September 12, 2022, In the Zity Commission Chambers
It
Tamarac, CITY Hall. 7525 Northwest 88th Avenue, Tamarac, Florida. 33321. fin the purpose of
,eceluing public comment an the pmposetl Smrmwater iadity Management Fees, All affected
property owners have a right to appear at the hearing and to file written objections with me City
Commission whom 20 days of this notice. If a person decides to appeal any decision made by the
Crty Commission with respect g any matter ronsitlared at the nearing, such Demon will need a
&cord of me proceedings and may need to ensure that a verbatim gamoi is mMe, inelinhey the
Saturday and evidence upon winch the appeal is pre be m be made. In accordance With Americans
with Meta dMes Act. persons needing a special accommodation or an interpreter to participate in
this metered, should connect the Div Clerk's office at 1954) 597-3505 at least 48 hours 12 days)
prior to in
dale of me hearing.
The Stormwater Utility Management Feel have been pmposetl W fund the City's cost to provide
iformwater Management Service wehin me City Of Tamarac, The Smrwat mer Marty Management
-,ie are based upon the e5tima to monal 01 sloormweler rusell generated by Impe vi fu5 surface
in
me pmpalty. Imperious surfaces include the rooftop, patios. drivewayslooking lots, and
amiler areas. The Cry has determined that pe overalls Residential Property in the Stormwater
knosse Area includes 1,830 square feet of Impervious surface, which is defined as me "Equivalent
iM.-ter Umt" or ^ERUvakc."The annual Stormwater Utility Management Fee rate for the Fiscal
rear beginning October 1, ZD22 will be $154.45 for each ERJ. Erb modeneal pmperry in the City
At be charge' for law ERJ, which is S154.45 for a* Fiscal Year beginning October 1. 2022.
Generally, the number of EROS was calculated for each parcel of Nonm rcdmtMI Property by
irvginp the impervious surface area by the ERU value m 1,830 square fell. For Undeveloped
'mperty, the amount of Smrmwater Utility Management Fee She# be 1,6237 ERIA per acre
IT portion pulsed. A more Specific description is set form in Chapter 22 of the City Code of
Jrtlinante5, mid the Preliminary Fee Resolution adopted by the City Commission on July 13, 2022.
xprots of me Ordinance. the Prolsomery Fee Resolution and the Smrmwater utility Management
*m Roll are available for imameread at the City Clerks Offca Tamarac City Hal, 7525 Northwest
58m Avenue, Tamarac, Florida 33321,
The Stormwater MIM, Management Fees will be cDlkcted On Me ad valorem lax bill to he
Taiad m November 202E as authorized by sblood 197.3632, Fonda Statutes. Fallum to pay the
idmhwarer utility Managemem Fees will taus, a lax cemllczte m be issued against the property
Nhtch may result in a loss of but.
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF NON -AD
VALOREM ASSESSMENTS
FOR NUISANCE ABATEMENT
Notice I hereby gwen mat the City 0mnVsSion of the City of Tamarac. Honda (`City"1.
wig conduct a public hearing to consider collecting NutsanceAbatement Special Assessments
within the Cry of Tamarac. on the Iwo (2) Assessed Properties to the City as listed in the Indal
Assessment Resolution adopted Jury 13. 2022. Within the area o'the City as shown.
THE CITY CF TAMARAC
I '
AI 31 1 �s
Tnesl
The nearing will be held at 5:05 p,m. an September 12. 2022, in the City Commission
Chambers of City Hall, 7525 Northwest Ruth Avenue, Tamarac. Florida, 33321, ter the purpose
of receiving public comment on mmewners e proposed assessments. All affected pmpers, o
have a right to appear at the hearing and to file written objections svrth the City Commission
within 20 days of this notice. It 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
,,.,it of In, omceedings and may need to ensure that a'"Mm" record is matle, including
Me testimony and evidence upon which the appeal is m be made In accordance wim the
Americans w th Dolmd,has Act persons needing a special accommodation or an interpreter
to participate in this proceeding should contact the Ciry Clerk athee at(954) 597-3505 at
least 48 hours 12 day,, prior to the date of the hearing.
The Nuisance Abatement Special Assessments have been imposed on two (2) poperties
Within the City whereon the City e", Med Winds to Mete nuisances. Those Property Owners
Nava received notice of the Nuisance Abatement Special Assessment and have not paid
Dursumd to the requirement¢ of tie City Ordn once 2012-10. As a result, the City is collecting
the Nuisance Abatement Special Assessment using the To Hill Solely on Ine Iwo 12j properties
within fire City on which the City has abated nuisances and the Property Owners have not
paid the special assessment; far the City's work as required by the Ordinance, Those two 2)
pmperties are assessed the CCast a ty's Actual Cass defined in to Ordinance for abating me
nuisance.
A list of the Assessed Propertiesas well as copies of the Ordinance, the Initial Assessment
Resolution antl the Assessment Roll are available for inspection at me City Clerks Office
Tamarac City Hall, 7525 Northwest 38m Avenue. Tamarac. Florida 33321.
The Nuisance Abatement Spaced Assessment on those hvo (2)Assessed Properties will be
collected on the ad valorem as bill m be mailed in November 2022, be authonzed Dy section
197 3632. Florida Statutes. Failure to pay me Nuisance Abatement Special Assessments will
cause a tax certificate to be issued against the property which may meuK in a loss of DOE.
It you nave any questions, please contact the Finance Department at (9541 597-3590,
Monday through Friday between 8.10 am. and 5:00 non,
KIMBERLY DILLON. CMC
CITY CLERK
CITY OF TAMARAC, FLORIDA
THE CITY OF T11111 C'S PARRS AND RECREATION DEPARTMENT PRESENTS
1T11 ►le r IN r
NOTICE OF HEARING TO REIMPOSE AND
PROVIDE FOR COLLECTION OF FIRE RESCUE
SPECIAL ASSESSMENTS
Notre i6 hereby, gNen ghat lo, City Coniducta public hearing
se Calendar mormasing fill r Ies "')anal assessments for the pmviston of lire elCoe 1.1111ee WHhH
the City of Tamarac tar me Fiscal rear beginning October 1, 2022,
n a: cm' ov twwrJigt
1-7
The hro II b Haiti t OS . P Sept. b 1/ 2C.7. to Chambers rf
T City Hill 52 N rtl 't PRm A Ta drat Florida 33321 f the pumass of receN w
Public Comment an dre proposed assesseands.All affected maritally have a imat to appeal at Ire
learom and to 1IP wrinen objections with the City Commission thi 20 l this lad he., d a perstlr
Hereade an appeal, d mare bv -he City Covidusluen With resparl w any matter coosidered
at Me revoi, h D eg IN coin of Hel ploreaftris oldmay ad to slaud, that a
verbatim MM is aM d w she testimony and evidence upon ewhich Thea p0 al 3 is be made.in
a d m g _ A With Disabilities Act persons reeding a special IncesIsHoulloo or ai
interpreter to Participate in this proceeding Should contact the City CIM C of 4e at (954) 597 35C5 at
least 43 haute (. days) prior to tee date It the hear rig.
The d-see59il1ent for each panel of property will be na6ed upon eats parents dassflDauen and the
to W number of offing mib units auted tin pal parcel. The felbwinn table reflects the proposed fire rescue
ant si:nedulx.
CaOas of In,., Hie Rescue Auesement Onlirst . I(lydium a No. 0-466sse ), the Initial Assment
Mesolidion(Resolutian No. R 96 160). the Final Assessment Resolution(Resolution No. R-96-175), the
0Ca Preliminary Has Restaurant ;Resolution No. 201;a-1I!7,. the 201C Preliminary Rate Resolution
Resolution No. R-2010-951 the Prelimiriry Ram Resolution inhaling Instructor pmrass of updating the
Assessment Nor and reimposing the Roe Rescue Assessment and me preliminary Assessment Roll tot
the upcoming fiscal year are avaiaale ter nepetron or me -4 Car'ks OF,rce. Tamarac City Hall 7525
Netori gam Avenue. Tamara. Fonda 33321,
Tice assessments will L ndletted on ace ad valorem tax bill to he cradle In November 2022. as
authorized by sedan 197.3632. Florae Statutes. Failure to Day the assessments will cause a tax
certificate to be Issued against he pmperty'whith may mnult'm a Is. of tole.
It you have any questions. please Camara me FlnAae Deferment at f364) 597-3500, Merrily
thtgugh Friday between 9:30 a.m. and 5'OC am.
KIMBERLY DILLON, CMC
CITY CLERK
CITY OF TAMARAC, FLORIDA
APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
Temp. Reso. # 13821
September 12, 2022
Page 10 of 11
;00032492.1 2704-0501640 }
Temp. Reso. # 13821
September 12, 2022
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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, 2022.
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
ove described Stormwater Management Utility Fee Roll this _12�' day of
{ , 2022.
CITY OF TAMARAC, FLORIDA
By:
Title:
[to be delivered to Broward County Department of
Finance and Administrative Services on or before September 151
00032492.1 2704-0501640 I