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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, 1 Temp. Reso. # 13985 September 14, 2023 Page 2 of 11 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; 2 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, 3 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. 5 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: IMBERLY IWWIICMC CITY CL F TAM �.� �`� . • • ' "" • �;4,9''.,� RECORD OF COMMISSION VOTE: lo • = ESTABLISHED •; Q _ MAYOR GOMEZ 03. 1 : 1963 = DIST 1: V/M BOLTON DIST 2: COMM. WRIGHT JR. 0'• SEAL �•.• ,•'per: •���� DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL LEGAL SUFICIENCY FOR THE OVO A CE OFITHIS CITY OF TAMARA ONLY. ATTORNEY C1 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. �GIC�Z&W-4aC tarqPblic, Stat f Florida MO"BWOS�%� Cwwhslon# M 166752 Printed Name NOExpires October 5, 2M 1loF�.°Pe°"°'°T'""°"°°'`"d''S""°°' My Commission Expires: Commission No.: 4 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 swmwre ivG S e i b SF 8 _ M. COMIUM L aiw. g Y TAMARAC +t Sf n 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 .,.,., 4 m 4 ,..,.1,,,+;. +h +­+;..,.,. ., 4 ,,,,,A,,.,,,.. .,ti, ti +h 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