HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-105Temp. Reso. # 12994
August 8, 2017
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CITY OF TAMARAC
RESOLUTION NO. 2017-
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, 2017; IMPOSING A RESIDENTIAL SOLID WASTE
COLLECTION ASSESSMENT AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE CITY OF TAMARAC FOR THE FISCAL YEAR
BEGINNING ON OCTOBER 1, 2017; 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, 2017 using the tax bill
collection method; and,
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WHEREAS, the City Commission, on July 12, 2017, adopted Resolution No. R-2017-79
(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, 2017, 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 13, 2017, and comments and
objections of all interested parties have been heard and considered;
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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,
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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, 2017, the estimated Residential Solid
Waste Collection Assessed Cost to be assessed is $4,867,549. 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, 2017, is hereby established
at $273.75 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
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August 8, 2017
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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, 2017, 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.
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SECTION S. 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 13TH DAY OF SEPTEMBER, 2017.
CITY OF AMARAC FLORIDA
D SSLER, MAYOR
ATTEST:
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ATRICIA TEU EL, C
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: V/M. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
J
SAMUEL S. GOREN
CITY ATTORNEY
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APPENDIX A
AFFIDAVIT OF MAILING
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August 8, 2017
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Temp. Reso. # 12994
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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 12, 2017 (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 fore oing Affidavit of Mailing was sworn to and subscribed before me this 13 day of
e- , 2017 by Michael Cernech, City Manager, and City of Tamarac, Florida.
He i personally known to me or has produced as identification and did take an oath.
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August 8, 2017
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APPENDIX B
PROOF OF PUBLICATION
SUN SENTINEL
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF BROWARD/PALM BEACH/MIAMI-DADE
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Before the undersigned authority personally appeared
MARK KUZNITZ who on oath says that he/she is a
duly authorized representative of the Classified
i
Department of the Sun -Sentinel, daily newspaper
published in Broward/Palm Beach/Miami-Dade County,
Florida, that the attached copy of advertisement, being,
a NOTICE OF PUBLIC HEARING in the Matter of
THE CITY OF TAMARAC — SOLID WASTE
ASSESSMENT appeared in the paper on AUGUST 21.
2017 AD ID# 5122130 Affiant further says that the
said Sun -Sentinel Said newspaper has heretofore been
continuously published:: in said Broward/Palm
Beach/Miami-Dade County, Florida, each day, and has
entered as second clasematter at: the post office in Fort
Lauderdale, in said Broward -oyla`rity..
e Florida, for a
period of one year next preceding tfie',first publication of
the attached copy of advertisement; and affiant says
that he/she has neithe[.paid, nor promised any person,
firm or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement
fMpbblatio
in sail new r.
Mark Kuznitz, Affian
Sworn to and subscribed before me on
AUGUST 21, 2017 A.D.
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(Name of Notary typed, printed or stamped)
Personally Known X or Produced
Identification
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APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
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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, 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
above desc�Non-Ad Valorem Assessment Roll this % 3 day of
2017.
CITY OF TAMARAC, FLORIDA
By:
Title
[to be delivered to Broward County Department of
Finance and Administrative Services on or before September 151
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