HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-107Temp. Reso. # 13984
September 14, 2023
Page 1 of 11
RESOLUTION NO. R-2023-
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, 2023; 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 12, 2023, the City Commission adopted Resolution R-2023-076 (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, 2023, 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. # 13984
September 14, 2023
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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 14, 2023, 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, 2023.
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. # 13984
September 14, 2023
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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, 2023, shall be $7,886,618. 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, 2023, 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, 2023 per ERU
for all improved properties within the City of Tamarac corporate limits
shall be One Hundred Sixty and 61/100 Dollars ($160.61).
• The Stormwater Management Utility Fee imposed for residential
properties shall be the rate for one (1) ERU per unit, which is $160.61
for the Fiscal Year beginning October 1, 2023.
• 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. # 13984
September 14, 2023
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, 2023.
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, 2023.
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. # 13984
September 14, 2023
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, 2023, 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. # 13984
September 14, 2023
Page 6 of 11
PASSED, ADOPTED AND APPROVED THIS 14th DAY OF SEPTEMBER 2023.
ATTEST:
ERLY 6ILLON, CMC
CITY CLERK
CITY OF TAMARAC FLORIDA
MICIIELLE J. GOMEZ, 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
FORM AND LEGAL SUFFICIENCY FOR
THE USE AND REbIANCE OF THIS CITY OF TAMARAC ONLY.
jOTTINOT
ATTORNEY
Temp. Reso. # 13984
September 14, 2023
Page 7 of 11
APPENDIX A
AFFIDAVIT OF MAILING
Temp. Reso. # 13984
September 14, 2023
Page 8of11
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Levent Sucuoglu, who, after
being duly sworn, deposes and says:
1. I, Levent Sucuoglu, 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 12, 2023 (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.
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing Affidavit of Mailing was swom to and subscribed before me this 4 4kday of
2023 by Levent Sucuoglu, City Manager, and City of Tamarac, Florida.
He is personally known to me or has produced as identificat' 'd did take an oath.
<N` MONICABARROS otary,T�ublic, Sate of Florida
.•�'•� , I-F1 ?� (- SOS
* r' 1�752 Printed Name
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My Commission Expires:
Commission No.: 14 - 166 9%c)--
APPENDIX B
PROOF OF PUBLICATION
{00032492.1 270"501640 1
Temp. Reso. # 13984
September 14, 2023
Page 9 of 11
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 I I745-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 16, 2023
Aunt further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
/ am�N
Signature of Affiant
Sworn to and subscribed before me this: August 16, 2023.
Signature of Notary Public
P
V
LAI ;
if
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification
Affidavit DeliveEy Method: E-Mail and U.S. Mail
Affi avit Email Address: Monica.Barros@tmarac.org,Kimberly.Dillon@tamarac.org
7455789
APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
(00032492.1 2704-0501640 }
Temp. Reso. # 13984
September 14, 2023
Page 10 of 11
e lawmak-
itrol the
late, have
ate policy
ibiting the
of certain
a series of
ie past few
)f Florida
y in efforts
�mic free-
2tion in its
.ck eye.
)ld doctors
ie couch —
,according
less.
is back in
h leg pain
s showed
s, the ER
3 the case
e to a state
at the time
a part of the law (SB 266)
that sets strict prohibitions
on instruction of certain
topics in "general educa-
tion core courses" at state
colleges and universities.
The law, in part, requires
that such courses "may not
distort significant histori-
cal events," include curric-
ulum that teaches "identity
politics," or violate a state
law that restricts the way
a child protection investiga-
tor for the Sheriff's Office,
showed up to the hospi-
tal that night and took less
than an hour to conduct her
investigation, Grosz told the
jury.
"At 11:12 p.m. she talks
to mom," he said. "At 11:36
p.m. she clears this child
to go home with Keshia
Walsh. On Oct. 24, Maken-
zie is brought into Broward
General with catastrophic
injuries.
In 11 days, Toniele Henry
never once communicates
with (the father or grand -
on the chopping block. v�
Classes such as "Queer
History: Sexuality in the
20th Century United
States," "Queer Studies,"
"Race, Gender and Sexual-
ity," "Sociology of Gender
and the Body," and "Topics
in Feminist Philosophy,"
would likely "be prohibited
outright, or at risk of being
chilled" by the law, the
plaintiffs' attorneys argued.
mother). Not once in 11 days
do they make an effort to
find the father."
Henry did not even
bother to write her report
on Makenzie until Nov 18,
three weeks after the baby
was taken off life support,
Grosz said, pointing to a
document on the screen.
"An innocent six -month -
old girl can never be
replaced," he told jurors.
"The bond between a
father and daughter can
never be replaced. And the
pain doesn't go away. That
comes with a heavy, heavy
OF HEARING TO IMPOSE AND PROVIDE
OLLECTION OF STORMWATER UTILITY
MANAGEMENT FEES
by given that the City Commission of the City of Tamarac, Florida ("City"), will
hearing to consider imposing Stormwater Utility Management Fees for the
Ining October 1, 2023 within the City of Tamarac.
THE CITY OF TAMARAC
1114110m
rrAMkRAC
vill be held at 5:05 p.m. on September 14, 2023, in the City Commission
inarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, for
-eceiving public comment on the proposed Stormwater Utility Management
d property owners have a right to appear at the hearing and to file written
the City Commission within 20 days of this notice. If a person decides to
Sion made by the City Commission with respect to any matter considered at
h person will need a record of the proceedings and may need to ensure that
A is made, including the testimony and evidence upon which the appeal is to
ordance with the Americans with Disabilities Act, persons needing a special
or an interpreter to participate in this proceeding should contact the City
roFn\ ra7_W;Ar at load AR hnnrc !7 riavcl nrinr to tho riato of tho hoarinn
With Corcoran at the
helm, the New College
trustees also eliminated
an on -campus office that
handled issues related to
diversity, equity and inclu-
sion.
The lawsuit filed
Monday also pointed to
other programs and course
offerings that plaintiffs said
would be jeopardized by
the law.
price."
That price, Grosz argued,
should be $15 million.
Michael Piper, an attor-
ney for the Sheriff's Office,
argued Makenzie's father
should share 40% of the
blame.
In a deposition, he said
he was worried for his
baby girl's safety. After the
alleged fall off the couch,
Mackenzie's father said he
was suspicious.
"But no hotline is called,"
Piper told the jury.
The Sheriff's Office only
got word about possible
(areas of concentration)
or majors directly affects
the rights of current and
future faculty and students,
including the plain-
tiffs bringing this action.
Faculty and students at
colleges and universities
throughout Florida face
the same censorship and
the same injury to their
rights of free speech and
academic inquiry," the
child abuse on Oct.13, Piper
said.
"BSO is called to the
hospital late in the evening,"
he said. "On Oct. 24, she
is brain dead. There's an
11-day period where BSO is
involved. There are others
who could have prevented
this death and there are
others who could have
taken action before BSO got
involved. Everyone has to
answer for their wrongdo-
ing, including Christopher
Nevarez:'
Piper argued the Sheriff's
Office should share 20% of
tenure.
That la,
a part of
away wit
universit
disputes.
including
professor
gas, argu
violates
gaining ri
stitutiona
existing u
the blam
cians shou
the father
mother 5°
10%.
Piper d
jurors a sp
damages,
$15 millioi
unreasona
Said Pip
does not s
of million;
Susannah.
be reached
sunsentine
Twitter @.
NOTICE OF HEARING TO REIMPOSE
PROVIDE FOR COLLECTION OF FIRE R
SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Tamarac will conduct
consider reimposing fire rescue special assessments for the provision of fire rescue servic
Tamarac for the Fiscal Year beginning October 1, 2023.
THE CITY OF TAMARAC
KW
111
The hearing will be held at 5:05 p.m. on September 14, 2023, in the Commission Chaml
Hall, 7525 Northwest 88th Avenue, Tamarac, Florida 33321, for the purpose of receiving
the proposed assessments.All affected property owners have a right to appear at the heard
objections with the City Commission within 20 days of this notice. If a person decides to
made by the City Commission with respect to any matter considered at the hearing. suct
record of the proceedings and may need to ensure that a verbatim record is made, includin
evidence upon which the appeal is to be made. In accordance with the Americans with Dis,
needing a special accommodation or an interpreter to participate in this proceeding sho
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 property will be based upon each parcel's clE
total number of billing units attributed to that parcel. The following table reflects the p
assessment schedule.
Temp. Reso. # 13984
September 14, 2023
Page 11 of 11
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, 2023.
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
above described Stormwater Management Utility Fee Roll this f 44/-day of
12023.
6KIP`M;gR.9C%,,��' CITY OF TAMARAC, FLORIDA
."
ESQ P1965 p = By:
Title: �Z
C Ov %N.'[to be delivered to Broward County Department of
1" """ � � � Finance and Administrative Services on or before September 151
(00032492.1 2704-0501640 f