HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-108Temp. Reso. # 13985
September 14, 2023
Page 1 of 11
CITY OF TAMARAC
RESOLUTION NO. 2023- / ()
A RESOLUTION OF THE CITY COMMISSION OF 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,
2023; IMPOSING A RESIDENTIAL SOLID WASTE
COLLECTION ASSESSMENT AGAINST ASSESSED
PROPERTIES LOCATED WITHIN THE CITY OF TAMARAC FOR
THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2023; 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, 2023 using
the tax bill collection method; and,
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Temp. Reso. # 13985
September 14, 2023
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WHEREAS, the City Commission, on July 12, 2023, adopted Resolution No. R-2023-077
(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, 2023, 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 14, 2023, and comments and
objections of all interested parties have been heard and considered;
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Temp. Reso. # 13985
September 14, 2023
Page 3 of 11
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. # 13985
September 14, 2023
Page 4 of 11
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, 2023, the estimated Residential Solid
Waste Collection Assessed Cost to be assessed is $5,127,606. 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, 2023, 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
.19
Temp. Reso. # 13985
September 14, 2023
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 12, 2023, 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. # 13985
September 14, 2023
Page 6 of 11
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 14TH DAY OF SEPTEMBER, 2023.
CITY OF TAMARAC FLORIDA
MIC14ELLE J. GOME , MANOR
ATTEST:
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CITY CL F TAM
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RECORD OF COMMISSION VOTE:
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DIST 2: COMM. WRIGHT JR.
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LEGAL SUFICIENCY FOR
THE OVO A CE OFITHIS CITY OF TAMARA ONLY.
ATTORNEY
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Temp. Reso. # 13985
September 14, 2023
Page 7 of 11
APPENDIX A
AFFIDAVIT OF MAILING
Temp. Reso. # 13985
September 14, 2023
Page 8 of 11
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 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 12, 2023 (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.
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing Affidavit of Mailing was sworn to and subscribed before me this 14 daY of
12023 by Levent Sucuoglu, City Manager, and City of Tamarac, Florida.
He is personally known to me or has produced as identificatio d did take an oath.
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Temp. Reso. # 13985
September 14, 2023
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 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
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 16, 2023.
Signature of Notary Public
� ,weir
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification
Affidavit Delivery Method: E-Mail and U.S. Mail
Affidavit Email Address: Monica.Barros@tamarac.org,Kimberly.Dillon@tamarac.org
7455791
Temp. Reso. # 13985
September 14, 2023
Page 10 of 11
APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
would use military force
against civilian rioters. The
report did not conclude the
statements were made in an
effort to deceive and did not
recommend any discipline,
according to the report.
Last month Christopher
Rufo, a conservative appoin-
tee to the Board of Trustees
for New College of Florida,
tried to derail Buck's candi-
dacy, saying he pushed
"radical" diversity, equity
and inclusion efforts at the
U.S. Naval Academy.
Buck could not be reached
for comment Tuesday.
Feingold criticized
Sartarelli as well.
"The other candidate
is retired, and why is he a
retired chancellor of the
university? Because he had a
Board of Trustees that voted
him out in a no -confidence
vote," she said.
That statement appears
to be false. The university's
Faculty Senate took a vote of
no confidence in late 2020,
which failed, but then voted
to censure him. Faculty
members voiced anger that
Saratelli wasn't fully in
support of diversity, equity
_
sial legislation, including
bills to restrict drag shows
and root out what he sees as
"wokeism" in the state.
Longtime donor Dick
Schmidt, a member of the
search committee, wrote
an opinion piece in the Sun
Sentinel where he didn't
name Fine but voiced alarm
about news reports suggest-
ing the Board of Gover-
nors had halted the search
because the finalists "did
not include the governor's
reported personal selection
for the position."
During the meeting Fein -
gold blasted Schmidt, who
did not attend.
"I'd really like to know
what's going to happen
to Dick Schmidt, how
the university is going to
go after him?" Feingold
asked. "Because he was not
supposed to be putting any
information out there, and
not only that, but speaking
for other search committee
members. He had no right
to speak for me and other
search committee members,
who absolutely did not agree
with his opinion."
Schmidt couldn't be
,TICE OF HEARING TO IMPOSE AND
DE FOR COLLECTION OF RESIDENTIAL
LID WASTE COLLECTION SERVICES
SPECIAL ASSESSMENTS
eby given that the City Commission of the City of Tamarac will conduct
ig to consider imposing the annual Residential Solid Waste Collection
al Assessments for the Fiscal Year beginning October 1, 2023, upon
its that receive Residential Solid Waste Collection Services, for the
City of Residential Solid Waste Collection Services to such properties
of Tamarac.
THE CITY OF TAMARAC
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will be held at 5:05 p.m., on September 14, 2023, in Commission
Famarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida
purpose of receiving public comment on the proposed assessments.
tperty owners have a right to appear at the hearing and to file written
goes on regarding FAU."
"The next FAU president
should be inclusive rather
than divisive, thoughtful
rather than dogmatic and
kind rather than hateful,"
Weiner said. "The president
must be an educator, not a
partisan politician."
Feingold is also a donor
to FAU and has pledged
$30 million for a new dental
school, which is scheduled
to be named after her late
husband, Jeffrey, a dentist
and former trustee. But that
appeared in doubt during
Tuesday's tense meeting.
Levine asked her about
the status of the donation
during the meeting, further
angering her.
"As far as a commitment
that I made, yes I made
that. It could happen," she
said. "Nothing has been
signed and frankly they're
all talking about donors that
are concerned about the
presidential process. I am
one of those donors that is
concerned about the pres-
idential process. I was on
that [search] committee and
what a lot of you are listen-
ing to is not the full truth"
;,r,,,..,., —,
a slight decrease from the
year before.
"His record as the most
effective conservative
governor in American
history has also earned
him an elevated threat
profile, and FDLE has
increased the number
of protective agents to
ensure the governor and
his family remain safe,"
said Jeremy Redfern, the
governor's press secre-
tary.
The annual "Report
of Transportation and
Protective Services" by
the Florida Department
of Law Enforcement
came out Tuesday, as
required by state law. It
was the first time it was
released under a new law
that exempts the partic-
ulars of DeSantis' travel
from public records
requests.
Under that law, taxpay-
ers will never have access
to itemized expenses for
his travel, know how
much overtime and
hotel costs they're ring-
ing up or even if they're
crashing rental cars in
transpo
dignitarif
which in
of securi,
nor's inal
Capitol i
$96,900
Republic
Associa
conferer
last Nove
It al
protectin
Ontario,
their tw
Miami 1
and Jan
visits fro
and first
Virgin Is
from the
general,
of Parag
U.S. gove
spouses.
And it
to protec
Kamala I
to Florid;
$11,000
gubernat
Charlie C
night.
It doe!
mansion
Capitol Pt
NOTICE OF HEARING TO IMPOSE AND P
FOR COLLECTION OF NON -AD VALOI
ASSESSMENTS FOR NUISANCE ABATE
Notice is hereby given that the City Commission of the City of T,,
("City"), will conduct a public hearing to consider collecting Nuisance Ab,
Assessments within the City of Tamarac, on the four (4) Assessed Prope
as listed in the Initial Assessment Resolution adopted July 12, 2023, wi
the City as shown.
THE CITY OF TAMARAC
The hearing will be held at 5:05 p.m. on September 14, 2023, in the C
Chambers of City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida,
purpose of receiving public comment on the proposed assessments. All a
owners have a right to appear at the hearing and to file written objectio
Commission within 20 days of this notice. If a person decides to appe
made by the City Commission with respect to any matter considered at tt
person will need a record of the proceedings and may need to ensure
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Temp. Reso. # 13985
September 14, 2023
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, 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
tve described Non -Ad Valorem Assessment Roll this I L�16_ day of
2023.
``W � � , , I r CITY OF TAMARAC, FLORIDA
•� F TAllijq '•,
By:
ESTABLISHED • Title: 61,E
= 1963
L
ALL ' • . , SEA • •' �� [to be delivered to Broward County Department of
.. Finance and Administrative Services on or before September 151