HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-077Temp. Reso. #13956
July 12, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 - 0T7
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, 2023;
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, 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
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
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July 12, 2023
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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
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,
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July 12, 2023
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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, -
and
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, 2023, 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, 2023, to fund the Residential Solid Waste Collection Services
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 "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
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July 12, 2023
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Resolution. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: AUTHORITY. 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: PURPOSE. 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, 2023, 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: DEFINITIONS. 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.
SECTION 5: PROVISION AND FUNDING OF RESIDENTIAL SOLID
WASTE COLLECTION SERVICES.
(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
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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: IMPOSITION AND COMPUTATION OF RESIDENTIAL
SOLID WASTE COLLECTION SERVICES ASSESSMENTS. 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, 2023.
SECTION 7: LEGISLATIVE DETERMINATIONS OF AUTHORITY,
SPECIAL BENEFIT AND FAIR APPORTIONMENT. 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 herein as if fully set forth herein.
SECTION 8: COST APPORTIONMENT METHODOLOGY. 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 Waste Collection Services Assessed
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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, 2023.
SECTION 9: DETERMINATION
OF RESIDENTIAL
SOLID
WASTE
COLLECTION ASSESSED COSTS;
ESTABLISHMENT
OF
ANNUAL
RESIDENTIAL SOLID WASTE COLLECTION ASSESSMENT RATES.
(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, 2023, 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, 2023.
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(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
preparation of the updated Residential Solid Waste Collection Services Special
Assessment Roll for the Fiscal Year commencing October 1, 2023, as provided in
Section 10 of this Preliminary Assessment Resolution.
SECTION 10: ANNUAL RESIDENTIAL SOLID WASTE COLLECTION
SERVICES SPECIAL ASSESSMENT ROLL.
(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, 2023, 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, 2023,
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, 2023, be in printed form if the amount of the
Residential Solid Waste Collection Services Assessment for each parcel of
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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
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: AUTHORIZATION OF PUBLIC HEARING. There is hereby
established a public hearing to be held at 5.05 p.m. on September 14, 2023, 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, 2023, and collecting such assessments on the same bill as ad valorem taxes.
SECTION 12: NOTICE BY PUBLICATION. As required by the Ordinance
and the Uniform Assessment Collection Act, the City Manager, or his 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
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later than August 16, 2023, in substantially the form attached hereto as Appendix
SECTION 13: NOTICE BY MAIL. 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.
SECTION 14: PROOF OF NOTICE. The City Manager, or his designee,
may provide proof of such notice by affidavit, if any is required pursuant to the
Ordinance or other applicable law.
SECTION 15: APPLICATION OF ASSESSMENT PROCEEDS. 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: CONFLICTS. All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
SECTION 17: SEVERABILITY. 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: EFFECTIVE DATE. This Preliminary Rate Resolution shall
become effective immediately upon adoption.
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PASSED, ADOPTED AND APPROVED this 12th day of July 2023.
ATTEST:
KIMB RL ILLON, CMC
CITY CLERK
MICHELLE J. G Z
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V/M BOLTON
DIST 2: COMM. WRIGHT JR.
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THIS CITY OF TAMARAC ONLY.
WNS OTTINOT
CITY ATTORNEY
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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, 2023, is $5,127,606.
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, 2023, 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 16, 2023
[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,
2023, 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 14, 2023, 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
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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 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 2023, 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