Loading...
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. • 1' 2 _ I - it (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 1■ - 3 - 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 - 4 - 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. - 5 - 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- IM 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 7 - 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 8 - i's 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 M&M Is 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 - 10 - '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 - 12 - V� 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 - 13 - in 11 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 - 14 - �J 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 - 15 - 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 16 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. �� - 17 -