HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-078Temp. Reso. # 12965
June 16, 2017
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.2017 - A/ J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, RELATING TO THE PROVISION OF
STORMWATER MANAGEMENT PROVIDED BY THE CITY'S
STORMWATER UTILITY; DETERMINING THAT CERTAIN REAL
PROPERTY WILL BE SPECIALLY BENEFITED THEREBY;
ESTABLISHING AND CONFIRMING THE METHOD OF
CALCULATING THE COST OF STORMWATER MANAGEMENT
SERVICE AGAINST THE REAL PROPERTY THAT WILL BE
SPECIALLY BENEFITED THEREBY; DIRECTING THE CITY
MANAGER TO PREPARE OR DIRECT THE PREPARATION OF A
PRELIMINARY STORMWATER UTILITY MANAGEMENT FEE ROLL
BASED UPON THE METHODOLOGY SET FORTH HEREIN;
ESTABLISHING A PUBLIC HEARING FOR THE PROPOSED
STORMWATER UTILITY MANAGEMENT FEES AND DIRECTING
THE PROVISION OF NOTICE IN CONNECTION THEREWITH;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AS FOLLOWS:
ARTICLE 1
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. PURPOSE AND DEFINITIONS. This resolution constitutes the
Preliminary Fee Resolution for the levy of the annual Stormwater Utility Management Fee and
collection using the Uniform Assessment Collection Act, as defined in the Ordinance. All
capitalized words and terms have the meaning as set forth in the Ordinance. As used in this
resolution, the following terms shall have the following meanings, unless the context hereof
otherwise requires:
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"ERU Value", the City has computed an "ERU Value" of 1830 square feet, which shall
be used to calculate the number of ERUs attributable to each Tax Parcel.
"Ordinance" means Ordinance 2013-05, adopted by the Commission on April 24, 2013,
as may be amended from time to time and as codified in Chapter 22 of the City's Code of
Ordinances.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number, and vice versa; the terms
"hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this resolution; and
the term "hereafter" means after, and the term "heretofore" means before, the effective date of
this resolution. Words of any gender include the correlative words of the other genders, unless
the sense indicates otherwise.
SECTION 1.03. LEGISLATIVE FINDINGS. It is hereby ascertained,
determined, and declared that:
(A) The general and legislative findings set forth in the Ordinance, codified in Section
22-259, are incorporated and relied upon herein.
(B) The special benefits provided by the Stormwater Management Services to all
Assessed Property located within the Stormwater Service Area (the same area as the Stormwater
Improvement Area) include, but are not limited to: (1) the provision of Stormwater Management
Services and the availability and use of facilities and improvements by the owners and occupants
of Assessed Property to properly and safely detain, retain, convey, and treat Stormwater
discharged from Assessed Property; (2) stabilization of or the increase of Developed Property
values; (3) increase safety and better access to Assessed Property; (4) improved appearance; (5)
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rendering Developed Property more adaptable to a current or reasonably foreseeable uses; (6)
alleviation of the burdens caused by Stormwater runoff and accumulation attendant with the use
of Assessed Property; and (7) fostering the enhancement of environmentally responsible use and
enjoyment of the natural resources within the Stormwater Area.
(C) The City's Stormwater Management Services are necessitated by the existence of
Impervious Area and the use by Assessed Properties of the City's Stormwater Utility
Management System. Undeveloped Property has minimal Impervious Area, but utilize the
City's Stormwater Utility Management System. As a result, the Ordinance provides for a charge
per acre for Undeveloped Properties. At the same time, the City's methodology is based upon
ERUs being assigned to Assessed Properties. Having multiple methodologies creates the
potential of additional work and expense in creating the Assessment Roll, and in coordinating
with the Broward County Property Appraiser. The per acre Stormwater Utility Management
Fee for Undeveloped Property can be calculated by using a formula based upon ERUs,
permitting the City to use a single methodology to calculate the Stormwater Utility Management
Fee. As a result, it is fair and reasonable to calculate the per acre Stormwater Utility
Management Fee for Undeveloped Properties by multiplying a factor by the ERU Value.
(D) Pervious portions of properties used as golf courses do not utilize the City's
Stormwater Management System; rather, they contain no impervious space and contain their
own stormwater. As a result, it is fair and reasonable not to impose a Stormwater Utility
Management Fee upon the pervious portions of those parcels of property used as golf courses.
(D) The Stormwater Utility Management Fees authorized by the Ordinance and this
Preliminary Fee Resolution provide an equitable method of funding the Stormwater Service Cost
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attributed to Assessed Property by fairly and reasonably allocating the Stormwater Service Cost
to specially benefited Assessed Property. Assessed Property is classified on the basis of the
Stormwater burden expected to be generated by the physical characteristics and use of such
property.
(E) Any shortfall in the expected proceeds from the Stormwater Utility Management
Fee due to any reduction or exemption from payment of the Stormwater Utility Management 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 Utility Management 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 Utility Management Fee imposed for this Fiscal Year, the sole and exclusive remedy
shall be the imposition of a Stormwater Utility Management Fee upon each affected Tax Parcel
in the amount of the Stormwater Utility Management Fee that would have been otherwise
imposed save for such reduction or exemption afforded to such Tax Parcel.
ARTICLE II
STORMWATER UTILITY MANAGEMENT FEES
SECTION 2.01. STORMWATER SERVICE AREA.
(A) The City Commission hereby establishes the entire incorporated area of the City
of Tamarac as the Stormwater Service Area/Stormwater Improvement Area (collectively, the
Stormwater Service Area.)
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(B) The Stormwater Utility shall provide Stormwater Management Services to all
Assessed Property within the Stormwater Service Area. All or any portion of the Stormwater
Service Cost may be funded from the proceeds of the Stormwater Utility Management Fees.
(C) The Stormwater Utility may also acquire and construct capital facilities to assist
and facilitate the provision of Stormwater Management Services within the Stormwater Service
Area.
SECTION 2.02. IMPOSITION AND COMPUTATION.
(A) A Stormwater Utility Management Fee shall be imposed against all Assessed
Property within the Stormwater Service Area. The Stormwater Service Cost shall be assessed
against all Tax Parcels of Assessed Property within the Stormwater Service Area at a rate of
assessment based upon the special benefit accruing to such Assessed Property from the City's
provision of Stormwater Management Services, measured by the number of ERUs attributable to
each Tax Parcel.
(B) The Stormwater Utility Management Fee will be computed for each Tax Parcel of
Developed Property located within the Stormwater Service Area by multiplying the number of
ERUs attributable thereto by $124.09 annually.
(C) For each parcel of Undeveloped Property, the Stormwater Utility Management
Fee shall be 1.6237 ERUs per acre or portion thereof.
(D) The City Commission hereby finds that the rate per ERU of $124.09 for
Developed Property and 1.6237 ERUs per acre or portion thereof for Undeveloped Property
ensures that the aggregate Stormwater Utility Management Fee within the Stormwater Service
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Area does not exceed the Stormwater Service Cost for the Stormwater Utility for the Fiscal Year
beginning on October 1, 2017.
(E) The total Stormwater Service Cost to be funded by the Stormwater Utility
Management Fees hereby shall be $6,012,755.
(F) Any state law requirements for exemptions, including without limitation,
condominium and HOA common areas, shall apply to the Stormwater Utility Management Fee.
SECTION 2.03. STORMWATER UTILITY MANAGEMENT FEE ROLL.
The City Manager is hereby directed to prepare, or direct the preparation of, the updated
Stormwater Utility Management Fee Roll for the Stormwater Utility Management Fee in the
manner provided in the Ordinance. A copy of this Preliminary Fee Resolution and the
Stormwater Utility Management Fee Roll for the Stormwater Utility Management Fee shall be
maintained on file in the office of the City Clerk and open to public inspection. The foregoing
shall not be construed to require that the Stormwater Utility Management Fee Roll be in printed
form if the amount of the Stormwater Utility Management Fee for each Tax Parcel can be
determined by use of an available computer terminal.
SECTION 2.04. METHOD OF COLLECTION
(A) The Stormwater Utility Management Fee levied on all Assessed Property on the
Stormwater Utility Management Fee Roll will be collected using the Uniform Assessment
Collection Act.
(B) The City may bill the Stormwater Utility Management Fee on Assessed Properties
for which the Uniform Assessment Collection Act does not apply by any other legally available
means.
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ARTICLE III
DETERMINATION OF ERUs
SECTION 3.01. CLASSIFICATION OF TAX PARCELS. Each Tax Parcel
located within the Stormwater Service Area shall be assigned to one of the following
classifications set forth in Section 22-253(a): Residential Property, Non-residential Property, or
Undeveloped Property.
SECTION 3.02. RESIDENTIAL PROPERTY PARCELS.
(A) The Commission hereby finds and determines as follows:
(1) The cost of measuring or verifying the Impervious Area for each individual
Residential Property greatly exceeds any benefit to be derived from individual measurement and
verification.
(2) Through a statistically valid sampling procedure, including review of City data
and the ad valorem tax roll information for residential properties within the City, it has been
determined that the average Residential Property within the Stormwater Service Area contains
1,830 square feet of Impervious Area.
(B) The City has determined that all Residential Properties within the Stormwater
Service Area are likely to have a similar impact on the Stormwater system; therefore, it is fair and
reasonable to assign one (1) ERU to each Residential Property.
SECTION 3.03. NON-RESIDENTIAL PROPERTY PARCELS.
For Non -Residential Property, the impervious area of the property is the determining
factor as to the calculation of the Stormwater Management Utility Fee. The Fee for Non-
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Residential Property shall be calculated using the formula set forth in Section 22-254 0 ine
City's Code of Ordinances.
SECTION 3.04. UNDEVELOPED PROPERTY PARCELS.
The Stormwater Management Utility Fee for Undeveloped Property shall be a set rate
based upon acreage, as described in Section 22-254 of the City's Code of Ordinances.
ARTICLE IV
NOTICE AND PUBLIC HEARING
SECTION 4.01. PUBLIC HEARING. There is hereby established a public
hearing to be held at 7:00 p.m. on September 13, 2017, in the City Commission Chambers of
Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida 33321, to consider
imposition of the Stormwater Utility Management Fees and their collection pursuant to this
Preliminary Fee Resolution.
SECTION 4.02. NOTICE BY PUBLICATION. The City Manager, or his
designee, shall publish a notice of the public hearing authorized by Section 4.01 hereof in the
manner and the time provided in the Ordinance. The published notice shall be in substantially
the form attached hereto as Appendix A.
SECTION 4.03. NOTICE BY MAIL. The City Manager, or his designee, shall, at
the time and in the manner specified in the Ordinance, provide mailed notice of the public
hearing authorized by Section 4.01 hereof to each property owner proposed to be assessed at the
address indicated on the Tax Roll.
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ARTICLE V
GENERAL PROVISIONS
SECTION 5.01. ADJUSTMENT OF ERUs
(A) As authorized by Section 22-266 of the Ordinance, petitions for review of the
number of ERUs attributed to any Tax Parcel shall be submitted to the City's Utility Director,
who shall have authority to correct any errors made in applying the provisions of this
Preliminary Fee Resolution to the Tax Parcel. The following procedures shall apply to all
petitions.
(1) Each petition shall be made in writing to the City's Utility Director by the owner
of the Tax Parcel or such owner's authorized agent, setting forth, in detail, the grounds upon
which adjustment is sought.
(2) The petition must be filed with the City's Utility Director within thirty (30) days
of the receipt of the mailed notice and shall be reviewed by the City's Utility Director, or his
designee within thirty (30) days of the date of receipt by the City. The petitioner may be
required, at petitioner's own cost, to provide supplemental information to the City's Utility
Director including, but not limited to, survey data approved by a professional land surveyor
and/or engineering reports approved by a professional engineer. Failure to provide such
information may result in the denial of the petition.
(3) The City's Utility Director shall provide a response in writing, and his
determination shall be final.
(4) The filing of a petition shall not extend the time for payment of any Stormwater
Utility Management Fee. If the number of ERUs is adjusted for any Tax Parcel, the Stormwater
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Utility Management Fee shall be corrected by tine City in accordance with the Ordinance. If the
Stormwater Utility Management Fee has been paid prior to adjustment of the number of ERUs,
the City shall refund the amount by which the Stormwater Utility Management Fee has been
reduced, adjusted for any early payment discount taken by the owner.
(5) The City Manager, or his designee, may initiate adjustments to the number of
ERUs attributed to any Tax Parcel. If the number of ERUs is reduced for any Tax Parcel, the
Stormwater Utility Management Fee shall be corrected in accordance with the Ordinance. In
such event, if the Stormwater Utility Management Fee has been paid prior to adjustment of the
number of ERUs, the City shall refund the amount by which the Stormwater Utility Management
Fee has been reduced. If the number of ERUs is increased for any Tax Parcel, the adjustment
shall become effective for Stormwater Utility Management Fees in subsequent Fiscal Years.
SECTION 5.02. SEVERABILITY. 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 5.03. CONFLICT. All resolutions or parts of resolutions on in conflict
herewith be, and the same are hereby repealed to the extent of such conflict.
SECTION 5.04. EFFECTIVE DATE. This Resolution shall become
effective immediately upon its passage and adoption.
The remainder of this page is Intentionally Left Blank
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, THIS 12th DAY OF DULY, 2017.
ATTEST:
PATRICIA TEUFEL, CMC
CITY CLERK
CITY QF T,AMARAC FLORIDA
HARRY RESSLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ
�Q
DIST 3: COMM. FISHMAN
DIST 4: V/M. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO RM:
SAMUEL S. GOREN
CITY ATTORNEY
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APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
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To Be Published by August 21, 2017
[MAP OF STOR1vIWATER SERVICE AREA]
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF STORMWATER UTILITY MANAGEMENT FEES
ON TAX BILL
Notice is hereby given that the City Commission of City of Tamarac, Florida ("City"),
will conduct a public hearing to consider imposing Stormwater Utility Management Fees within
the City of Tamarac, as shown above, and collecting such on the annual Property Tax Bills.
The hearing will be held at 7:00 p.m. on September 13, 2017, in the City Commission
Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida, 33321 for the
purpose of receiving public comment on the proposed Stormwater Utility Management Fees. All
affected property owners have a right to appear at the hearing and to file written objections with
the City Commission within 20 days of this notice. If a person decides to appeal any decision
made by the City Commission with respect to any matter considered at the hearing, such person
will need a record of the proceedings and may need to ensure that a verbatim record is made,
including the testimony and evidence upon which the appeal is to be made. In accordance with
the Americans with Disabilities Act, persons needing a special accommodation or an interpreter
to participate in this proceeding should contact the City Clerk's office at (954) 597-3505 at least
48 hours (2 days) prior to the date of the hearing.
The Stormwater Utility Management Fees have been proposed to fund the City's cost to
provide Stormwater Management Service within the City of Tamarac, as shown above. The
Stormwater Utility Management Fees are based upon the estimated amount of stormwater runoff
generated by impervious surface on the property. Impervious surfaces include the rooftop,
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patios, driveways, parking lots, and similar areas. The City has determined that the average
Residential Property in the Stormwater Service Area includes 1,830 square feet of imperviow,-
surface, which is defined as the "Equivalent Stormwater Unit" or "ERU Value." The annual
Stormwater Utility Management Fee rate for the Fiscal Year beginning October 1, 2017, will be
$124.09 for each ERU. Each residential property in the City will be charged for one ERU, which
is $124.09 for the Fiscal Year beginning October 1, 2017.
Generally, the number of ERUs was calculated for each parcel of Nonresidential Property
by dividing the impervious surface area by the ERU value of 1,830 square feet. For
Undeveloped Property, the amount of Stormwater Utility Management Fee shall be 1.6237 ERUs
per acre or portion thereof. A more specific description is set forth in Chapter 22 of the City's
Code of Ordinances, and the Preliminary Fee Resolution adopted by the City Commission on
July 12, 2017. Copies of the Ordinance, the Preliminary Fee Resolution and the Stormwater
Management Utility Fee Roll are available for inspection at the Office of the City Clerk, City
Hall, 7525 Northwest 88th Avenue, Tamarac, Florida 33321.
The Stormwater Management Utility Fees will be collected on the ad valorem tax bill to
be mailed in November 2017, as authorized by section 197.3632, Florida Statutes. Failure to pay
the Stormwater Management Utility Fees will cause a tax certificate to be issued against the
property which may result in a loss of title.
If you have any questions, please contact the City Finance Department at (954) 597-3550,
Monday through Friday between 8:30 a.m. and 5:00 p.m.
CITY CLERK
OF TAMARAC, FLORIDA