HomeMy WebLinkAboutCity of Tamarac Ordinance O-1975-023l CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE PROCEDURES
FOR LEVYING AND COLLECTING SPECIAL ASSESS-
MENTS FOR THE CONSTRUCTION OF LOCAL
IMPROVEMENTS: PROVIDING A SAVINGS CLAUSE:
REPEALING LAWS IN CONFLICT: AND PROVIDING
AN EFFECTIVE DATE
J
WHEREAS, Article III - "Powers of City" - Section llm,
provides that the City of Tamarac shall have the power "to
levy, impose and assess special assessments for benefits or
improvements against adjacent or abutting properties specifi-
cally benefited, to pay all or any portion of the costs of
such improvement, and to enforce payment thereof by fore-
closure or otherwise with the right to pledge such liens for
the payment of indebtedness'.', -and
WHEREAS, the City of Tamarac is desirous of providing
for the procedures for levying and collecting special assess-
ments for the construction of local improvements,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC OF THE STATE OF FLORIDA, AS FOLLOWS:
SECTION 1: That the City of Tamarac, in Broward County,
Florida, by its City.Council, shall have the power and authority
to cause local improvements to be constructed, wholly or in part,
at the cost of the property owners benefited thereby and shall
satisfy the cost of said construction and improvement by levying
and collecting special assessments for the -following improvements:
(a) Extending, enlarging or improving, its sanitary sewer
system, by constructing additional sanitary sewerage mains,
pumping stations, laterals, storm sewers, and other drains and
sewers, and necessary appurtenances thereto;
(b) Extending its waterworks system into new territory,
by the construction of additional water mains, pumps, etc.,
and the laying or relaying of same, together with the necessary
appurtenances thereto, either inside or outside of the corporate
limits or partly inside and partly outside;
(c) To pave, repave, grade, regrade, macadamize, remacad-
amine, hard -surface, improve, layout, open, widen, close, curb,
extend, demolish, rebuild and otherwise improve streets, alleys,
boulevards, avenues, lanes, sidewalks, including any bridges,
culverts, fills, grades or other appurtenances which may constitute
or form a part of same, or any parks, promenades, piers, wharves,
docks, sea walls, adjacent or contiguous thereto; to build,
demolish, rebuild or otherwise improve any bridges, grades, fills,
culverts and appurtenances; and any one or more of such purposes
may be combined in the same improvement.
(d) To drain, fill in and redrain waterfront property,
swamps, marshes and overflowed lands for'the purpose of protect-
ing the health of the inhabitants of the city, rendering such lands
usable and constructing bulkheads, promenades, streets, parking
places and other improvements in connection therewith.
(e) To fill unsanitary excavations and depressions; to
remove dilapidated and unsightly excavations and depressions;`^to
remove dilapidated and unsightly buildings which constitute a
nuisance or a menance to the health or safety of the inhabitants
of the city.
(f) To collect and dispose of garbage, trash and refuse.
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(g) To beautify and landscape parks and roadways, includ-
ing the planting and maintenance of trees, flowers and shrubs
along streets, roadways, sidewalks and parkways.
(h) To install and maintain streetlights and streetlight-
ing and the lighting of public buildings and public areas.
(i) To control and eliminate sandflies and mosquitoes and
their respecitive breeding places.
SECTION 2: RESOLUTION OF NECESSITY.
whenever the City Council shall determine that it is
necessary and/or wise and expedient to make any of the local
improvements herein specified, the cost of which, or any part
thereof, is to be assessed against property benefited, it shall
adopt a resolution declaring a necessity for the proposed improve-
ments, describing the nature and extent of the work, the general
character of materials to be used, a general description of such
improvements, the estimated cost of the improvements, and the
location or area in which such improvements are to be made, and
the method by which said special assessment shall be made. Said
resolution shall fix a date when the City Council shall meet,
which shall not be less than twelve (12) days after the date of
the first publication of the notice herein provided, for the
purpose of hearing any objections or remonstrances that may be '
made to said improvements. Notice of the hearing upon said
resolution shall be published once a week M a daily newspaper
of local circulation for two (2) consecutive weeks (the first
publication to be not less than twelve (12) days prior to the
date fixed for hearing), which notice shall embrace substantially
all the matters required to be set forth in the resolution of
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necessity; provided,'however, that no newspaper advertisement
is required if the notice is given by registered mail, return
receipt requested, to those property owners directly effected
by said assessment.
SECTION 3: BIDS UN rUDLlkj ul=1�..Y�..LA•W•
Subsequent to the adoption of said resolution of necessity
as to such improvement, the City Council, at the earliest possible
date, or at a later date if it so desires in cases where the
improvement is not to be made by regular city employees, shall
advertise for bids by publication in two (2) issues in the official
newspaper before the date of hearing upon the question of proceed-
ing with the improvement but such publication shall not be less
than seven (7) days apart, and the last publication must not be
less than -two (2) days before the date of hearing; provided, how-
-ever, that if proposed cost of the improvement does not exceed
one thousand dollars ($1,000.00), no newspaper advertisement shall
be required and competitive bids may be solicited by notice being
sent through the mail to prospective bidders or in such manner as
the Council may deem feasible and less expensive. If the City
itself does the work, then no'competi.tive bids or advertisements
are required, providing the costs of materials to be used and/or the
cost of -rental -of equipment -does not exceed'one thousand -dollar s-
($1,000000). In the event the City Council shall, at the hearing
held for such purpose, determine to proceed with the improvement,
it shall let the contract for such improvement to the lowest and
best responsible bidder, but the council ,shall have the right to
change or modify the improvement if it desires at the time of
adopting a resolution determining to proceed, in which event it
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can direct all bidders to submit new bids within five (5)
days without further advertising. When a bid is accepted,
the contractor shall not proceed with the work for a period
of ten (10) days.
SECTION 4: COST OF IMPROVEMENT.
.-- The City Council, in accordance with the applicable
provisions of the Charter of the City of Tamarac, shall have
the power to pay out of its general fund, or out of any special
fund that may be provided for that purpose, such portion of the
costs of the proposed improvement as it may deem to be the proper
portion to be borne by the City. Interest accrued while an
improvement is under construction, and for six (6) months
thereafter, shall be deemed part of the cost of the improvement.
In addition, all legal and advertising costs, all charges
incident to the cost of any referendum required as a condition
precedent to the expenditure of public funds, and all engineering
and inspection costs, including a proper proportion of the
compensation, salaries and expenses of the engineering staff,
properly chargeable to any improvement, shall be deemed a part
of the cost of the improvement. When revenue bonds or certifi-
cates are issued in order to obtain money with which to make the
improvement, all cost and estimated cost incurred in issuing
such revenue bonds or certificates and obtaining such funds
including attorneys' fees and other charges for legal work shall
be deemed a part of the cost of the improvement. When local
improvements are made by City employees, all legal charges, in-
cluding attorneys' fees, all charges incident to the cost of any
referendum required as a condition precedent to the expenditure
of public funds, advertising cost, engineering cost, payroll,
materials, equipment rental at the prevailing rates, plus not
more than fifteen percent (15%) of the total payroll, material
and equipment rental cost for general overhead expense, may be
included in the cost of the improvement. When the improvement
has been completed, the City Council shall ascertain and determine
the total cost of the improvement.
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SECTION 5:
Special assessments upon the property deemed to be bene-
fited by a public improvement shall be by any one of the follow-
ing in methods; provided the method to be employed in making said
special assessment shall be set forth in the resolution of
METHOD OF MAKING SPECIAL ASSESSMENTS.
necessity:
(a) By a percentage of the assessed taxable value of the
property assessed;
(bj in proportion to the benefits which may result from
the improvement;
(c) By the foot frontage of the property bounding or
abutting upon the improvement.
When a majority of the recorded owners of the frontage of
lands liable to be assessed for any special local improvement
shall petition the City Council for any such improvement, the
er such improvement to be made. In other cases
Council may ord
ents shall be made in the discretion of the City
public improvem
Council.
SECTION 6: OBJECTIONS TO IMPROVEMENTS.
At the meeting for hearing objections, or at a time and
place to which the same may be adjourned, any person aggrieved
may appear in person, by attorney, or by petition, and may object
to or protest against said improvement. The City Council shall
consider the objections and protests, if an.Y; and may confirm,
amend, modify or rescind the resolution of necessity, and shall
determi
ne whether the same improvement shall be made, and how
the cost thereof shall be paid. The determination of the City
Council shall be final and conclusive. If the City Council
determines to proceed with such improvement as originally pro-
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it
posed or in an amended or modified form, it shall adopt a resolu-
tion determining to proceed, as hereinafter set out.
SECTION 7: CLAIMS ARISING OUT OF IMPROVEMENTS.
The owner of any lot or land bounding and abutting upon a
proposed special improvement, who claims that he will sustain
damage by reason of the improvement, shall present such claim
to the City Council at the time of its meeting on the question
of whether it should proceed with the improvement as provided
in the preceding section. Such claim shall ,be in writing, and
shall set forth the amount of damages claimed, with a general
ith respect to which it is claimed
description of the property w
the damage will accrue. Any owner who fails to do so shall be
deemed to have waived such damage, and shall be barred, there-
after, from filing a claim or receiving damages therefor. This
provision shall apply to all damage which will obviously result
from the improvement, but shall not deprive the owner of his
right to recover damages arising without his fault from negligent
acts of.the City -or its agents.
SECTION 8:. RESOLUTION DETERMINING TO PROCEED.
If, after hearing the objections and protests, if any, the
City Council determines that it is necessary and/or wise and
expedient to proceed with such improvement in the original or
modified form, said City Council shall adopt a resolution
determining to proceed with such improvement, which resolution
shall disclose what part of the total cost and expenses of the
improvement shall be chargeable against and assessed against
the property benefited by the improvement, and what part or
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proportion of the total costs shall be paid by the City of
Tamarac from its general fund or any special fund on hand for
such purpose. The resolution may direct that tYe whole or any
part of the cost and expenses thereof be assessed against the
property abutting upon the improvement; or may provide that
all property benefited by the improvement may be assessed for
such improvement in the manner set out therein.
SECTION 9: ASSESSMENT ROLL AND NOTICE.
Upon the completion of any improvement hereunder, the
City Council shall cause to be prepared -a roll or list to be
called the "assessment list", showing the improvement number,
the number of the assessment lien, a description of each lot
or parcel of land proposed to be assessed, and the amount to
be assessed, against each lot or parcel.of land, and the name
of each owner as shown on the City tax roll or records. Such
lists shall be a public record constituting notice to the public
of the lien against the land so assessed and no other record or.
notice thereof shall be necessary to any person or corporation
for that purpose. No errors, omissions, or mistakes in regard to
description of property shall be held to invalidate any assessment
appearing upon such assessment list, where the description given
is sufficient to identify the property. After the completion of
said assessment list, same shall be delivered to the City Clerk
of the City of Tamarac, who shall thereupon give notice by
publication once a week for two (2) consecutive weeks in a published
newspaper circulated within said municipality that the assessment
list has been delivered to the City Clerk of the City of Tamarac,
and that same is open for inspection at the office of the City
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Clerk and that at a time and place therein mentioned, not less
than fifteen (15) days from the first publication, the City
Council will meet to hear and determine any objections or
defenses that may be filed to such assessment or the amount
thereof. Said,notice shall state the number of the improvement,
the general character of the work which has been performed, the
name by which such improvement is generally known, and the
location in which such improvement has been constructed. Instead
of publishing in the newspaper as aforesaid, the City Council may
authorize the notice to be sent by registered mail, return receipt
requested, to the property owners directly effected, if the Council
determines that it would be less expensive and the property owner
would be as well advised by mail as by publication.
SECTION.10: HEARING; CONFIRMATION OF ASSESSMENT LIST.
At the time fixed in such notice of assessment the City
Council shall hear objections to the amount of such assessment
which may be made by the owners of real property assessed for
such improvement, or by parties -having an interest therein, and
the City Council shall determine and hear all objections and
protests to the proposed assessments under such rules and
regulations as it may adopt. The City Council shall have a
right to change or adjust any assessment appearing upon such
assessment list, as such meeting provided, however, that all
property owners effected are treated equally., When such assess-
ment list has been finally corrected and adjusted, the City
Council shall adopt a resolution approving and confirming
assessment -list and therein shall approve and confirm all
assessments as finally fixed and adjusted at such hearing, and
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such assessments shall, from date of confirmation by such
resolution, constitute a lien on the respective lots or parcels
of land, or other real property upon which they are levied,
superior to all other liens, except those for city and county
taxes. All persons who fail to object to the proposed assess-
ments in the manner herein provided, shall be deemed to have
consented to and approved the same. All persons who appeared
at such hearing and whose objections were overruled or denied
shall be deemed to be bound by the action of the City Council
after thirty (30) days from the adoption of such resolution
approving and confirming assessment list, unless suit challeng-
ing such assessment be filed. Substantial compliance with the
procedure outlined shall be all that is necessary to render such
assessment liens valid and incontestable, it being the expressed
intention of the legislature that the requirements are directory
rather than mandatory.
SECTION 11: ASSESSMENTS AGAINST UNITED STATES OR POLITICAL
SUBDIVISIONS. `
No special assessments shall be made under this or
against the property of the United States, or against the State
of Florida, or any political subdivision or taxing district of
the State of Florida owning real estate within the --City of
Tamarac.
SECTION 12: SETTING ASIDE SPECIAL ASSESSMENTS.
If any special assessment made hereunder to defray the
whole or part of the expense of any local improvement shall
be either in whole or in part annulled, vacated or set aside
by the judgment of any court,or if the City Council shall be
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'shed that any assessment is so irregular or defective that
sate
the
same cannot be enforced and collected, or if the said City
Council
shall have omitted to make such assessment when it might
take all steps to cause
have
done so, it is hereby authorized to
a ne
w assessment for the whole or any part of any improvement
ainst any property benefited by any improvement, which
and a g
proced
ures and steps shall follow the provisions of this Ordinance
as may be possible under the circumstances. In the event suc
second assessment shall be annulled, vacated or set aside,
then
and in
that event, the City Council may obtain and make another
- ent until a valid special assessment shall be accomplished.
ass s pre-
liminary omission, informality, or irregularity in the proceeding P
ar to the making of a conformed special assessment list y
la.min y
ial assessment invalid,
the City
Council, shall render said spec
and the conformed special assessment list and the record thereof
the City Clerk shall be competent and sufficient evidence
kept by adopted and
that the specit list was duly made and
al assessment
d said conformed
s ecial assessment was duly levied, an ----
that the P
assessment list shall also be competent and sufficient
specialto the adoption of
evidence that all, other proceedings necessary
had, taken and performed
said special assessment list were duly Ce from the directions
as required by this ordinance, and no Varian
of t
herein contained as to
proceedings
the form and manner of any hat the party
shown t
shall be held material, unless it is clearly s materially injured
objecting .to said special assessment process wa
In the event any special assessment shall, in any suit
thereby- the
where its validity shall. be questioned, be adjudged invalid,
City Council may,.in its discretion, notify
the City Manager to
uncil•maY proceed anew by
cease th
e collections, and the City Co
dings as if the matter was taken under the provision for an
procee g in the
original special a
or,
ssessment for the same p11 urpose, -such
CityCouncil may cure any defects found by
alternative, the
taking up the previous proceedings at any point, and
judgment by .
may make and levy a new assessment in the place and stead of
the assessment which shall have been adjudged invalid and the
City Clerk, before delivering such new assessment to the City
Manager for collection, shall ascertain and note thereon any
and all payments which had been made pursuant to such invalid
assessment for the same purpose, which notation shall cancel
the assessments as to the parcels and lots on which such pay-
ments were made to the extent of the payments so made. Such
new special assessments shall be collected in the same manner
as an original special assessments.
SECTION 13. SUITS, ACTIONS, WRITS OR SPECIAL PROCEEDINGS.
For the period of thirty (30) days after the date of the
confirmation of any special assessment, any person aggrieved
shall have the right to contest the legality thereof by suit,
action, writ or special proceedings, after which time no suit,
action, writ or special proceedings in any manner questioning
the legality of the said special assessment shall lie for any
cause whatsoever.
SECTION 14: METHOD OF COLLECTION.
The resolution approving and confirming the assessment List
shall provide whether such special assessments shall be payable
in cash within thirty (30) days from the adoption of such
resolution, or whether such special assessments shall be payable
in annual installments not exceeding ten (10) annual installments,
the first of which shall be payable on or before the expiration
of thirty (30) days from the date of confirmation. if the City
- Council desires that the assessment shall be-payable.in-annual::.. - -^
installments, said annual installments not to exceed ten (10) in
number, said City Council shall fix an interest rate, not to
exceed the maximum interest rate allowed by the applicable
Florida Statutes, which interest shall accrue on said unpaid
installments from the date of the acceptance of said improvements
by the City Council. In the event the payment of the special
assessment shall be made in annual installments, not to exceed
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teh (10) in number, and in the event any installments, including
interest thereon, shall not be paid when due, there shall be
added a penalty at the rate of one percent (1%) per month,
computed upon the entire principal balance of the assessment out-
standing at the time said penalty accrues and said interest and
penalty shall continue to accrue until said installment is paid.
The owner of the property desiring to pay his assessment in install-
ments, if same shall be permitted, shall, on or before thirty (30)
days from the confirmation of such assessments, file with the
City Clerk a written application to pay said assessments in in-
stallments, which.application shall state that the applicant and
property owner waives all irregularities or defects, constitutional,
jurisdictional or otherwise, in the proceedings for the improvement
for which the assessments are levied, and in the apportionment of
the cost thereof; and thereafter the validity of such assessments
shall not be called in question. The payment of an assessment, in
whole or in part, shall constitute a waiver of all defects, con-
stitutional, jurisdictional or otherwise, in the proceedings.
Said application shall also contain an.agreement that the applicant
and property owner will pay the said assessment in installments at
the date faxed by said resolution, with interest at the rates
.specified in said resolution. Said application shall also make a
reference to the number of improvements, and shall contain a
description of the lots or parcel of property of the applicant,
assessed for such improvements.
SECTION 15: LIEN DOCKET.
The City Clerk shall keep all applications in convenient
forms for examination, and such applications shall show the
date of filing, the name'of the applicant, the amount of the
assessment as shown in the application, and the number of
installments in which same shall be payable. -Such approved
assessment list and such applications shall constitute a docket
i
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in
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and shall stand as a lien docket for the assessment'in favor
of the City of Tamarac against such lot or parcel of land,
until such assessment and interest and penalties are paid in
the manner hereinafter provided. Such approved assessment list
or roll shall be the official record to evidence the lien, and
the form or manner of keeping and preserving same shall not be
material so long as said list or roll contains the necessary
irformation and is prepared and approved in the manner herein
specified. All unpaid assessments, penalties and interest shall
be and shall constitute a lien on each lot or parcel of land,
respectively, in favor of the municipality, and such liens shall
have priority over all other liens and encumbrances whatsoever,
except liens for city and county taxes.
cFrTTON 16: SPECIAL ASSESSMENT REVOLVING FUND.
The City Council shall have the right to create, by ordinance,
any special assessment revolving fund or funds, out of which may
be paid the cost of any proposed improvement, where special assess-
ments are levied or are to be levied to pay all or a portion of
the cost thereof, and there may be deposited in such special
assessment revolving fund or funds, all the proceeds from the
collection of principal and interest of any such assessment re-
volving fund or funds and such special assessment revolving' -
fund or funds shall constitute a permanent fund. The City shall
transfer to such fund or funds yearly fro&'the general fund or
other source of revenue an amount not less than the City's
portion of the cost of the improvements made from moneys in such
fund. Such special assessment revolving fund or funds shall
constitute a permanent fund or funds to be used for the purpose
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of paying the cost of local improvements, where the proceeds of
the assessment liens levied in connection therewith are to be
deposited in the funds as collected. The moneys in such special
assessment revolving fund or funds at the close'of the fiscal
year shall not be transferred or appropriated to any other fund,
but shall be used exclusively for the purposes of making local
improvements where special assessments are to be levied to repay
all or a part of the cost thereof.
SECTION 17. ASSESSMENT LIENS NOT ASSIGNABLE.
Assessment liens for local improvements are not assignable
or transferable, but when same become defaulted, they shall be
foreclosed by the City.
SECTION 18. FORECLOSURE BY CITY.
Should any assessment lien remain in the hands of the City
of Tamarac and become in default, and remain in default for a
period of ninety (90) days after becoming due and payable, it
shall be the duty of the City.Clerk to forward to the City
Attorney for collection a certified list of such assessment
liens. It shall be the duty of the City Attorney to institute
foreclosure proceedings to foreclose said assessment liens
against the property encumbered thereby, and against which the
lien exists, and the owner of the rpoerty against which the lien
exists shall be liable to the City for a reasonable attorney's
fee with which to compensate its attorney for services in
collecting the amounts due on said lien. The final decree to be
entered shall decree the amount of said lien and reasonable
attorney's fees and all costs occasioned or necessitated by such
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foreclosure, as a lien against the property described. The lien
for attorney's fees and cost shall arise whenever the lien is
placed in the hands of the City Attorney for collection, and
such lien for attorney's fees shall not exceed fifteen per cent
(15%) of the amount due. In foreclosing such special assessment
liens, the City may pursue and follow any recognized chancery
proceeding to enforce liens, and upon such suit or suits being
brought, a certified copy of the assessment list and of the resolu-
tion approving and confirming the assessment list shall constitute
prima facie evidence of the amount and existence of the lien
upon the property described. The decree rendered in said case
for the enforcement and collection of the amount due thereunder
shall provide for a reasonable attorney's fee for the institution
of the suit and the collection of the amount due on said lien,
together with all costs occasioned in -bringing said suit and
foreclosing said lien, and same shall be decreed to be a lien,
together will all costs occasioned in bringing said suit and
foreclosing said lien, and same shall be decreed to be a lien
upon the lands described and shall be collected at the time and
in the manner provided for the collection of the amount evidenced
by said assessment lien. Any number of assessment liens may be
foreclosed in one chancery action, and the final decree, to be
entered, shall determine 'the principal, interest, costs, and
attorney's fees to be chargeable against such property encumbered.
SECTION 19: All ordinances or parts of ordinances in con-
flict herewith are hereby repealed to the extent of such conflict.
SECTION 20: Should any section or provision of this
ordinance or any portion hereof or any paragraph, sentence or
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word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or any part hereof other than the
part declared to be invalid.
SECTION 21: This ordinance becomes effective immediately
upon its final passage.
PASSED FIRST READING this 2�VAP'day of
PASSED SECOND READING this 2---k d4 -
PASSED THIRD READING this day of
ATTEST:
�CU CLERK
RECORD OF COUNCIL VOTE
Mayor Johnson
Vice Mayor Tucker.
Councilwoman Lange
Councilwoman Massaro
Councilman Glicksman
I HEREBY CERTIFY that I have
approved the form and correctness
of this ORDINANCE.
CITY porz—
t
:3-, 1975.
1975.
, 1975.
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