Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-116Temp. Reso. # 13147 August 23, 2018 Page 1 of 11 CITY OF TAMARAC RESOLUTION NO.2018-_1L6 A RESOLUTION OF THE 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, 2018; IMPOSING A RESIDENTIAL SOLID WASTE COLLECTION ASSESSMENT AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF TAMARAC FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2018; 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, 2018 using the tax bill collection method; and, 1 Temp. Reso. # 13147 August 23, 2018 Page 2 of 11 WHEREAS, the City Commission, on July 11, 2018, adopted Resolution No. R-2018-85 (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, 2018, 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 12, 2018, and comments and objections of all interested parties have been heard and considered; 2 Temp. Reso. # 13147 August 23, 2018 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 at 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. # 13147 August 23, 2018 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, 2018, the estimated Residential Solid Waste Collection Assessed Cost to be assessed is $4,996,594. 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, 2018, 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 M Temp. Reso. # 13147 August 23, 2018 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 11, 2018, 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. Z Temp. Reso. # 13147 August 23, 2018 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 12TH DAY OF SEPTEMBER, 2018. CITY OF TAMARAC FLORIDA HARAY D.O. ATTEST: PATRICIA TEUFEL C C CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER — 6� DIST 1: COMM. BOLTON DIST 2: V/M. GOMEZ L DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION SAMUEL S. GOREN CITY ATTORNEY 1 31 APPENDIX A AFFIDAVIT OF MAILING C 1 Temp. Reso. # 13147 August 23, 2018 Page 7 of 11 Temp. Reso. # 13147 August 23, 2018 Page 8 of 11 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Michael Cemech, who, after being duly sworn, deposes and says: 1. I, Michael Cemech, 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 11, 2018 (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. Affiant STATE OF FLORIDA COUNTY OF BROWARD The foregoing Affidavit of Mailing was sworn to and subscribed before me this 1day of 71-ze-c.. , 2018 by Michael Cemech, City Manager, and City of Tamarac, Florida. He i personally known to me or has produced as identification and did take an oath. No Public, State f FFl rida <M� •.., ,�,ny Printed Name ' Notary Public State of Florida Commta" / GG 224689 a my Comm. Exptrn Aug 6, 2022 My Commission Expires: °Z a sornfed ti►rouyh National Notary Aun. Commission No.: ��. 2 2 q- Temp. Reso. 13147 August 23, 2013 Page 9 of 11 APPENDIX B PROOF OF PUBLICATION Published bally Fort Lauderdale, STOW G bucrity,, Florida. Boca Raton., Palm OoWh CouhlV; Florida Miami, NIWOOOde 00tinty., Florida STATF.O.PTLORMA couNTY of: 9R.O.wA-RDtPALm seAC!wwAw-DAnE Before the. uOderWoed, MARK. who onoath Says that W:sho Is a dW, authorbDasd repre-SOntalfve of the 'Massii9ed Departntent of the Sun -Sentinel, -daily ne"paper published W BwwarxVPaTmAeavh/WarpJ-Dadv Countv. Florida,:. that the attached copy :of adverffsement, b0ingr a NOT MI15- OF E. UPLIC. HEAPM in the Matter of LHE CRY QF TAMARAC, SOLID .WASTE , gPECI-AL Ow said 'Sa~hql% Said;newspaperhas . hgtetofoke beer) Ootitipmosly' published in said; f3 firt ReachliffiaminDade Copoty,: FfptJ#a, each 4day, and has entered as second class matter at the post office in Fort L.iudiard.aiej in said 1,3rPward 1DOUPty, Florida, for a pesibd of one year next peeceding the first pubrlzatiohof the attached copy of she has neither paid, nor promised any Person, firm or corporation any discount, rebate, commission or f6fund[ for the purpose of securing this adv2rft_&mgri0br pu, btivation. in.. said! n A . Mark Kuziiiz, A" 'Iny Sworn to and sut sdribe. before me;on -Aus'lUsr 26., 20119. A. D (NameofNotarytyped, Printed brstampe.d) Personally known or Produced Identmicotion , . ASHM _KlMete of floAda -No.t21 corltiM;Egtoy 111a(I 's b" 17 202a 1 1 1 Temp. Reso. # 13147 August 23, 2013 Page 10 of 11 Temp. Reso. # 13147 August 23, 2018 Page 11 of 11 CEIY LATE TO NON AD VALOREM ASSESSMENT ROLL I BE BY 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 FURTBER CERTUY 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 14, 2018. IN WITNESS WIMREOF, I have subscribed this certificate and directed the same to be delivered to the Broward County Department of Finance and Administrative Services and made part of the above described Non -Ad Valorem Assessment Roll this day of 2018. CITY OF TAMARAC, FLORIDA 4, By: _ Title: t�- [to be deliver to Broward County Department of Finmee and AdminMmtive Servim on or before September 141