HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-097 Solid Waste Collection AssessmentTemp. Reso. # 13822
September 12, 2022
Page 1 of 11
CITY OF TAMARAC
RESOLUTION NO.2022-
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, 2022; IMPOSING A RESIDENTIAL SOLID WASTE
COLLECTION ASSESSMENT AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE CITY OF TAMARAC FOR THE FISCAL YEAR
BEGINNING ON OCTOBER 1, 2022; 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, 2022 using the tax bill
collection method; and,
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Temp. Reso. # 13822
September 12, 2022
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WHEREAS, the City Commission, on July 13, 2022, adopted Resolution No. R-2022-084
(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, 2022, 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 12, 2022, and comments and
objections of all interested parties have been heard and considered;
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Temp. Reso. # 13822
September 12, 2022
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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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Temp. Reso. # 13822
September 12, 2022
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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, 2022, the estimated Residential Solid
Waste Collection Assessed Cost to be assessed is $5,113,956. 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, 2022, 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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Temp. Reso. # 13822
September 12, 2022
Page 5 of 11
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 13, 2022, 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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Temp. Reso. # 13822
September 12, 2022
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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 12TH DAY OF SEPTEMBER, 2022.
ATTEST:
KIMBERLY ILL . CMC
CITY CLE
THE
e-
JOH]
CIT)
CITY OF TAMARAC FLORIDA
MIC ELLE J. GOME , MAKOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: V/M GELIN 01113
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. PLACKO
VED AS TO FO AND LEGAL SUFFICIENCY FOR
eE AkiD RELIANd OF THE CITY OF TAMARAC ONLY.
ZTORNEY
0
Temp. Reso. # 13822
September 12, 2022
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APPENDIX A
AFFIDAVIT OF MAILING
Temp. Reso. # 13822
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 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 13, 2022 (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.
Affiant
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing Affidavit of Mailing was sworn to and subscribed before me this 141�ay of
J� 1 �%1vl (Z�&JL- , 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.
--�w��
NRRtary Public, State of )orida.
A-�2--t
Printed Name
My Commission Expires:
Commission No.:
ANN MARIE GORDON
Notary Public - State of Florida
h yyi; Commission jr HH 095695
a My Comm.. Expires =eo 22. 2025
Bonded through Nationa! lootary Assn.
Temp. Reso. # 13822
September 12, 2022
Page 9 of 11
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 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.
Signature of Notary Public
,,."� lFAlll'4 wOLiNS
C40002 a rGG 9M33
&x+if�d tireajE lrrao Matarlr AM
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
6 Sun Sentinel I section 21 Sunday. August 14. 2022
NL%" BR47'MIN
Russian diplomat says
`sponsor of terrorism'
label might sever ties
A senior Russian diphn-t
has warned that Moscow
might n,pmre diplomatic
relations with Washington
if the tinted States desig-
nates Russia a state sport
of terrorism, the Infest in a
are, fdiplomadc sparring
,m, days between the
Kremlin and capitals that
supportKAv.
.A. terrorist designation
=rldcause •themosrseri-
collateral d ..go to
bilateral diplomone rela-
tions," Alexander Darchiev,
director of the Russian
Foreign _"miStry's depon-
ent for North America,
midthcaffi.md'wsagency
TASS in a brief interview
pubbehed Saturday.
It could result in Iowerng
or breaking off ties enlirely.
he said. adding. 'The U.S.
side has been warnzd."
The Kremlin was also
sharply critical of recent
calls by Western t rions to
bar all sisiturs trom Russia,
including stud'.., Merida
and bus cntivex.
Dmhry Peskon, the pre -
d-d.l spekes,nln• teRt Mara.
said such attempts w isolate
Rus vrchound to fail.
Bothi.ss have been
pre sed tm President
volodymyr-Zelenskvy of
Ukraine.
The Czech Republic,
Estonia, Latvia and Lithi a.
no hale said that they •.,ill
stop issuing tourist visa.. m
Russians. EsImuA and Fin-
land called for a c Ilec'n"
European Union ban, but
other nations rejected the
idea with Germany say-
ing that each a mu- would
harm "innocent pauple:
Russians who fled abroad
to escape the Kremlin's dm
tar n - sure of inipris-
-
nng critics of the war, as
well as President Vladimir
Purms increased reps ,riun
generally, have also been
cnti�d. Teruofthoumndsuf
Russians—
urst are n"i"ro srab-
L•ah rat w liv, s abroad, .tad
fth, most out poker,
ould e uface jail if they were
forced m to rem to Russia.
On Thursday. Latvia e
Parliament declared Russia
a erMe spomoof mrmrisn
for its attacks %cnilians in
trkraine. and encouraged
.,her c untriex to make
'
modrudedaradom.
to Washington, the
Senate unanimously passed
n rembimiing resolution in
late July calling on S—e.-
tary of State Antony Blinke n
to designa•,e Russo as
sponsor of tenorism for its
brutal mildo campaign.
Ukraine as +veil as earlier
n Cherhnya Georgia
and Syria
The House is weighing
a. n stronger resolution
flrats—dd add Rmsi a to the
lisr regardless of whether
the State Deparemem,
which holds the authority
to make the designation,
dons so.
Moore darareation ..it: A
federal jury awarded Repub-
he- Roy Moore S8.2 million
in dam ogee Friday attar find-
ing a Deaue=c-ali;,med
super PAC deL mad him h,
a TV ad recounting sexual
onduc rations
d—ing his failed 2017 U.S.
Senate bid mAl banao
Jurors found the Senate
M' j riry PAC made false
and defamttury smtemema
aganatMonre in one adthat
.attempted ro hig),light,he
rations against \Inure.
The verdict returned be
a jury after a brief trial in
Arms,. n, Alabama. was
•i= for Moore, who
has lost other defamation
lax MI , including one
against comedian Socha
Baron Cohen.
Be, Stafford, an ertor-
neyrcprenringthe senate
Majorse
ity PAC, .said in an
'mailed msnmemthatthey
believe the into svu"'I be
overturned on appeal.
Italian drought: [tale's
sr „I,, drought in dead; -s
TMpodery-old Bon eubsare on display Saturday at a Gnu GIN MO, a rare joyous slght days after lanob aircra it P-naed the
territory and Gana milaants fired hundreds of rockets at hced.'Jeterinarlan Mahmond al-Suhan said he fell lucky the birth of the
cubs was successful despite he deafening sound of constant explosions during three. days of nghtmg. FArasa, AIRiAP
has reduced Lake Garda,
DK reilatrlka: Thousands of pled this week ran narion- largest economies.
the country's largest lake,
U.H. main drivers walked oB wide trains andon London i The naimogcordes as the
to near its lowest level ever
the job Saturday I. a mike bus and sub.,,network. US. holds comb., drills in
recorded. exposing"'uhs
over jobs. pay and condi- The disputes center on Indonesia with Australia,
of previously underxa-
bons. scuppering services pray, working conditions ndonesiy Japan and Singa-
nrrock and warming the
much of ehe o-eery. and job a-rkw sa Britain s i the largest interior,
water to temperatures that
The action was till latter in railways struggle to adopt or'the Super Gamda Shield
approach the average in Um
Caribbean Sea.
,.q•readng%-ries ofan*,, to travel and commuting amine ce sinthey began
be British workers seeking habits changed — perhaps in 2oe so
To..— flaking to the
substantial raises to offset forever — tee ehe rmm.asi-
popular northern lake
Friday h,r the son. ofimlI
daring prices for food and mspandemic. Montan%,c, shootings:
fuel Montenegro declared three
key summer long week-
end found a vastly differ-
The 24-hoot strike by China-Thanand axereiaa: days of 26coral mourn -
n embers of the Assnciand The Chinese ,It force is big Saturday, a day it,,
ant landscape than in past
Suolety-off.ocomcIi,,E qn- ending fighter iers and 10 people. md.ding na•o
years. An expansive stretch
eers and Firemen halted bombers to Thailand for a children, were killed in a
of bleached rock extended
trains on major routes, joint exercise with the Thai daylightanackbe.,34-vear-
forfrom the normal shine-
including themmd lines military on Sunday. oldgunmanwho prlicesaid
line, ringing the southern
between London and Ssmr- The training will include had recently exhibited a
Shrm tee Peninsula with a
landandcncrmmerxervices pp suort. strikes a 'change in bahmdo"
-How halo.
undgrothe, capital. and targets and small The attacker tied a rill,
Northern Italy hasn't
We kendwmkena and large-scale troop to fir.tshont to death raen
n significant rainfall for
fors heading for gamesanddeployment the Chinese chiidren.8andli.andfheir
months, and snowfall this
famili'seeking seaside Defeo., Mhilstry said in morher.whuwerotenanMn
wor as down 70%, drying
solace from a beat wal, a statement posted on its his home inehe western city
up important r s like
were among fe—for-dto wehsite. ofC'dm'aMadovimneigh-
hi the Pa, wch fins acmes
,hinge plans. China's espandurg mili- burhood.
Imly's ggic Rural and
This has been a moaner Lary activities in the Asia- Herb -walked out to the
induetrialheanland.
Many European m
of navel disruption in Bit, Pacific region have:dvmed ,n-,cud randomly shot 13
i. Thousands of rail- the United States mid its re people xe —h them
tries are -during drougdtes
w'a, cleaners,,allies and form part of lzibon,
thissummer that have hunt
and maintenance workers a growing strategic and The gunman, identified
farmers and shippers and
staged a series of one -dray competition only by the initials V.%
promoted authorities to
stikasin June and July. that hasin0amedtensions asshot dead later afters
rr scut water use.
More strikes err srhed- aorxeln the world', two gunfight with pnhoe,
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NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF RESIDENTIAL
SOLID WASTE COLLECTION SERVICES
SPECIAL ASSESSMENTS
Notice is heraby given that the City Commission of the City of Tamamc 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 CITY OF TAMARAC
Af
«"w p
i
TAMA14Ct: Y -r- ;arCk-
The hearing will be held at 5:05 p.m., on September 12, 2922, in the Commission
Chambers of Tamarac City Hall, 7525 Northwest 98th Avenue, Tamarac, Florida
33321. for the purpose of receiving public comment an 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. B 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 Clerks Office, Tamarac City Hall, 7525 Northwest Beth Avenue, Tamarac,
Florida 33321,
The assessments will be collected by the Tax Collector on the ad valorem tax bill
to be mailed in November 2922, as authorized by section 197,3632. Florida Statutes.
Failure to pay the assessments will cause a tan certificate to be issued against the
property, which may result in a loss of title.
K you have any questions, please contact the Finance Department at
i954) 597-3550. Monday through Friday between 8:30 a.m. and 5:00 p.m.
KIMBERLY DILLON, CMC
CITY CLERK
CITY OF TAMARAC
Temp. Reso. # 13822
September 12, 2022
Page 10 of 11
APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
Temp. Reso. # 13822
September 12, 2022
Page 11 of 11
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, 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
a=ov�scribed Non -Ad Valorem Assessment Roll this -4� day of
2022.
CITY OF TAMARAC, FLORIDA
By: 4� V
Title: I Vtowgy
[to be delivered to Broward County Department of
Finance and Administrative Services on or before September 151