HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-104Temp. Reso. # 12993
August 8, 2017
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CITY OF TAMARAC, FLORIDA
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RESOLUTION NO. R-2017- 04 27
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, RELATING TO THE LEVY AND COLLECTION
OF THE CITY'S STORMWATER MANAGEMENT
UTILITY FEE WITHIN THE MUNICIPAL BOUNDARIES OF THE
CITY OF TAMARAC FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2017; APPROVING, CONFIRMING, AND ADOPTING
THE STORMWATER MANAGEMENT UTILITY FEE
AND STORMWATER MANAGEMENT UTILITY FEE ROLL;
PROVIDING FOR OTHER MATTERS RELATING TO THE LEVY
AND COLLECTION OF THE STORMWATER MANAGEMENT
UTILITY FEE ON THE ANNUAL PROPERTY TAX BILLS;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 24, 2013, the Tamarac City Commission adopted Ordinance
2013-05 (the "Ordinance"), which amended Chapter 22 of the City's Code of Ordinances to
confirm the authority to levy and collect a Stormwater Management Utility Fee to fund a portion
of the City's Stormwater Utility, and to authorize use of the State of Florida Uniform Assessment
Collection Act to collect the Stormwater Management Utility Fee on the annual property tax bills;
and
WHEREAS, on July 12, 2017, the City Commission adopted Resolution R-2017-78
(the "Preliminary Fee Resolution"), which contained legislative findings in support of the
Stormwater Management Utility Fee, a brief description of the Stormwater Service Area and
services to be funded by the Stormwater Management Utility Fee, described the method for
determining the Stormwater Management Utility Fee, established the preliminary Stormwater
Management Utility Fees for the Fiscal Year beginning October 1, 2017, directed the
preparation of the preliminary Stormwater Management Utility Fee Roll, and directed notice for
the public hearing as provided in the Ordinance; and
WHEREAS, pursuant to the Ordinance, the City is required to hold a duly noticed public
hearing to consider comments and objections of all interested parties, and to confirm, amend, or
repeal the Preliminary Fee Resolution and preliminary Stormwater Management Utility Fee Roll;
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,
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August 8, 2017
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WHEREAS, the City has provided proper notice of the hearing, through U.S. mail using the
annual TRIM Notices, and publication in a newspaper generally circulated within Broward County,
Florida, to each person owning property subject to the Stormwater Management Utility Fee; and
WHEREAS, the preliminary Stormwater Management Utility Fee Roll has been available
for inspection by the public since the adoption of the Preliminary Fee Resolution; and,
WHEREAS, the City held a public hearing on September 13, 2017, to confirm and levy the
Stormwater Management Utility Fee to fund a portion of the City's Stormwater Utility within the
City; and
WHEREAS, affected property owners have had the right to file written objections to the
Stormwater Management Utility Fee, and to appear at the public hearing; and
WHEREAS, the City Commission has considered any written objections received by the
City, heard testimony from interested persons present at the public hearing, and considered all
objections relating to the Stormwater Management Utility Fee; and,
WHEREAS, the City Commission hereby levies the Stormwater Management Utility Fee for
the Fiscal Year beginning October 1, 2017.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct, and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. This Resolution is adopted pursuant to the Ordinance, the Preliminary Fee
Resolution, Article VIII, Section 2 of the Florida Constitution, Chapters 166 and 403, Florida Statutes,
and other applicable provisions of law. It constitutes the Annual Fee Resolution as defined in the
Ordinance. All legislative findings set forth in the Ordinance and the Preliminary Fee Resolution are
hereby readopted, confirmed, and ratified herein, and terms defined in the Ordinance and Preliminary
Fee Resolution shall have the same meaning herein.
Temp. Reso. # 12993
August 8, 2017
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Section 3. It is necessary, serves a City and public purpose, and is in the best interests of
the City to levy and collect the Stormwater Management Utility Fee in order to fund a portion of the
City's Stormwater Management Utility Services.
Section 4. The method for computing the Stormwater Management Utility Fees provided
and described in the Ordinance and the Preliminary Fee Resolution, and briefly hereinafter, is hereby
approved.
Section 5. The Stormwater Service Costs to be charged for the Fiscal Year commencing
October 1, 2017, shall be $6,012,755. The approval of this Annual Fee Resolution determines the
amount of the Stormwater Services Assessed Costs. The remainder of Fiscal Year budget for
Stormwater Services shall be funded from available City revenue other than the Stormwater
Management Utility Fee.
Section 6. The Stormwater Management Utility Fees to be levied and collected for the
Fiscal Year beginning October 1, 2017, shall be generally as follows, as more particularly described
in the Ordinance and the Preliminary Fee Resolution:
• An "Equivalent Residential Unit" (ERU) shall be the basic unit for the
computation of stormwater service charges. An ERU is defined as
1,830 square feet of impervious area, which is the impervious area of
average Residential Property within the Stormwater Service Area.
• The charge in the Fiscal Year beginning on October 1, 2017 per ERU
for all improved properties within the City of Tamarac corporate limits
shall be One Hundred Twenty -Four and 09/100 Dollars ($124.09).
• The Stormwater Management Utility Fee imposed for residential
properties shall be the rate for one (1) ERU per unit, which is $124.09
for the Fiscal Year beginning October 1, 2017.
• The Stormwater Management Utility Fee for Non -Residential
Property shall be calculated using the formula set forth in Section 22-
254 of the City's Code of Ordinances.
Temp. Reso. # 12993
August 8, 2017
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• For each parcel of Undeveloped Property, the Stormwater
Management Utility Fee shall be 1.6237 ERUs per acre or portion
thereof.
These Stormwater Management Utility Fees are hereby established to fund the Stormwater Services
Costs in the Fiscal Year beginning October 1, 2017.
Section 7. All reductions or exemptions set forth in the Preliminary Fee Resolution are
hereby confirmed. Any shortfall in the expected proceeds from the Stormwater Management
Utility Fee due to any reduction or exemption from payment of the Stormwater Management
Utility Fee required by law or authorized by the City Commission shall be supplemented by any
legally available funds, or combination of such funds, and shall not be paid for by proceeds or
funds derived from the Stormwater Management Utility Fee collected through the Uniform
Assessment Collection Act. In the event a court of competent jurisdiction determines any
exemption or reduction by the City Commission is improper or otherwise adversely affects the
validity of the Stormwater Management Utility Fee imposed for this Fiscal Year, the sole and
exclusive remedy shall be the imposition of a Stormwater Management Utility Fee upon each
affected Tax Parcel in the amount of the Stormwater Management Utility Fee that would have
been otherwise imposed save for such reduction or exemption afforded to such Tax Parcel.
Section 8. The above Stormwater Management Utility Fees are hereby approved, levied
and imposed on all parcels described in the Stormwater Management Utility Fee Roll, as defined in
the Ordinance, for the fiscal year beginning on October 1, 2017.
Section 9. The Stormwater Management Utility Fee Roll, as defined in the Ordinance,
and as adopted and approved herein, shall be certified by the Mayor or his designee.
Section 10. The Stormwater Management Utility Fee Roll, as defined in the Ordinance,
shall be filed with the City Clerk and the Stormwater Management Utility Fees set forth therein shall
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Temp. Reso. # 12993
August 8, 2017
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stand confirmed. All Stormwater Management Utility Fees shall constitute legal, valid, and binding
first liens, unless otherwise provided by law, upon property against which such Stormwater
Management Utility Fee s are made until paid.
Section 11. The Stormwater Management Utility Fee Roll, as adopted and approved
herein, shall be certified by the Stormwater Management Utility Fee Coordinator and delivered no
later than September 15, 2017, to the Broward County Finance and Administrative Services
Department, which pursuant to the Broward County Charter performs all functions and duties of the
office of tax collector.
Section 12. The adoption of this Annual Fee Resolution shall be the final adjudication of
any and all issues relating to the City's Stormwater Management Utility Fee (including, but not limited
to, the methods of calculation and the amount of Stormwater Management Utility Fee levied on a
parcel) unless proper steps are initiated in a court of competent jurisdiction within twenty (20) days
of the adoption of this Final Stormwater Management Utility Fee Resolution.
Section 13. All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
Section 14. If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not
affect the validity of the remaining portions or applications of this Resolution.
Section 15. This Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS 131h DAY OF SEPTEMBER, 2017.
ATTE
frATRICIA TEUFEL,
CITY CLERK
Temp. Reso. # 12993
August 8, 2017
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CITY OF TAMARAC FLORIDA
h�r�-
HA D SSLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: V/M. PLACKO'
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
\
\r
SAMUEL S. GOREN
CITY ATTORNEY
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Temp. Reso. # 12993
August 8, 2017
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APPENDIX A
AFFIDAVIT OF MAILING
Temp. Reso. # 12993
August 8, 2017
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AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Michael Cernech, who, after
being duly sworn, deposes and says:
1. I, Michael Cernech, 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 Stormwater Management Utility Fee Roll and the preparation and mailing of
notices in accordance with the Stormwater Management Utility Fee Ordinance in conformance with
the Preliminary Fee Resolution adopted by the City Commission on July 12, 2017 (the 'Preliminary
Fee Resolution"). The Preliminary Fee 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
Stormwater Management Utility Fee 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 fee; the total amount
proposed to be levied against each parcel; the unit of measurement to be applied against each parcel
to determine the fee; the number of such units contained within each parcel; the total revenue the
City expects to collect by the fee; a statement that failure to pay the fee 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 fore oing Affidavit of Mailing was sworn to and subscribed before me this /3 day of
2017 by Michael Cernech, City Manager, and City of Tamarac, Florida.
He is personally known to me or has produced as identification and did take an oath.
Notary Public State of Florida
Printed Name
My Commission Expires: A a G
��••aY P�` (' " TINA M. WHEATLEY
" 7 d' e , Notary PubliC - State of Florida Commission NO.:
?•.
' ? My Comm. Expires Aug 6, 201E
' Commission # FF 135878
Bonded Through National Notary All!
APPENDIX B
PROOF OF PUBLICATION
[00032492.1 2704-05016401
Temp. Reso. # 12830
September 12, 2016
Page 9 of 11
SUN SENTINEL
Published Daily
Fort Lauderdale, Broward County, Flori
Boca Raton, Palm Beach County, Flori(
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF BROWARD/PALM BEACH/MIAMI-DADE
Before the undersigned authority personally appeal
MARK KUZNITZ who on oath says that he/she h
duly authorized representative of the Classifi
Department of the Sun -Sentinel, daily newspal
published in Broward/Palm Beach/Miami-Dade Coun
Florida, that the attached copy of advertisement, beii
a NOTICE OF PUBLIC HEARING in the Matter
THE CITY OF TAMARAC — STORMWATi
ASSESSMENT appeared in the paper on AUGUST
2017 AD ID# 5122131 Affiant further says that t
said Sun -Sentinel Said newspaper has heretofore be
continuously published, in said Broward/Pa
Beach/Miami-Dade County, Florida, each day, and h
entered as second class matter-afthe post office in F,
S.
Lauderdale, in said Broward-County, Florida, for
period of one year next ,preceding't a first publication
the attached copy of advertisedortit; and affiant sa
that he/she has neither paid, norrdmised any persc
firm or corporation any'discount, i1bate, commission
refund for the purpose:::of securing this advertiseme
for p bli ation in said new er.
Mark Kuznitz, Affiant
Sworn to and subscribed before me on
AUGUST 21, 2017 A.D.
(Signature of Notary Pu i
Eonf;v
""P1% �CHRISTINERUTTOLO
._.
;vIYCOMMISSION 9 pr2aD02G
' EXPIRES: AV13t 10, 20I9
(Name of Notary typed, printed or stamped)
Personally Known X or Produced
Identification
APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
{00032492.1. 2704-0501640 }
Temp. Reso. # 12830
September 12, 2016
Page 9 of 11
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Temp. Reso. # 12830
September 12, 2016
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CERTIFICATE
TO
STORMWATER MANAGEMENT UTILITY FEE 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 Stormwater Management Utility Fee Roll for stormwater management utility
services (the "Stormwater Management Utility Fee Roll") for the City is properly levied so far as I
have been able to ascertain; and that all required extensions on the above described roll to show the
Stormwater Management Utility Fees 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 Stormwater Management Utility Fee Roll will be delivered to the
Broward County Department of Finance and Administrative Services by September 15, 2017.
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
al2ove described Stormwater Management Utility Fee Roll this 13 day of
12017.
CITY OF TAMARAC, FLORIDA
By:
Title
[to be delivered to Broward County Department of
Finance and Administrative Services on or before September 151
(00032492.1 2704-0501640)
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