HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-092Temp. Reso. # 12830
September 12, 2016
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016-_q,
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, 2016; 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 13, 2016, the City Commission adopted Resolution 2016-65 (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, 2016, 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,
Temp. Reso. # 12830
September 12, 2016
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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 12, 2016, 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, 2016.
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. # 12830
September 12, 2016
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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, 2016, shall be $5,830,531. 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, 2016, 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
1830 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, 2016 per ERU
for all improved properties within the City of Tamarac corporate limits
shall be One Hundred Twenty and 49/100 Dollars ($120.49).
• The Stormwater Management Utility Fee imposed for residential
properties shall be the rate for one (1) ERU per unit, which is $120.49
for the Fiscal Year beginning October 1, 2016.
• 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. # 12830
September 12, 2016
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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, 2016.
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, 2016.
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
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Temp. Reso. # 12830
September 12, 2016
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shall 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, 2016, 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 12th DAY OF SEPTEMBER, 2016.
Temp. Reso. # 12830
September 12, 2016
Page 6 of 10
CITY OF TAMARAC FLORIDA
1/.'o bl
HARAY DRESSLER, MAYOR
ATTEST:
PATRICIA TEUFEL, qAC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST l: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: V/M. GLASSER
DIST 4: COMM. PLACKO
10,
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO F RM:
SAMU L S. GOREN
CITY ATTORNEY
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APPENDIX A
AFFIDAVIT OF MAILING
Temp. Reso. # 12830
September 12, 2016
Page 7 of 10
:A
Temp. Reso. # 12830
September 12, 2016
Page 8 of 10
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 13, 2016 (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 foregoing Affidavit of Mailing was sworn to and subscribed before me this / j day of
17 -� , 2016 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.
Notes Public, Late of Florida A
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Printed Name
e TINA M. WHEATLEY
Notary Public - State of Flarlitia
My Comm. Expires Aug 8, 2018 My Commission Expires:
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Commission No.:
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(00032492.1 2704-0501640 )
APPENDIX B
PROOF OF PUBLICATION
Temp. Reso. # 12830
September 12, 2016
Page 9 of 10
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Temp. Reso. # 12830
September 12, 2016
Page 9 of 10
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, 2016.
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
rt o the ove described Stormwater Management Utility Fee Roll this J1 day of
52016.
CITY OF TAMARAC, FLORIDA
{00032492.1 2704-0501640)
By: y
Title: MAyol
[to be delivered to Broward County Department of
Finance and Administrative Services on or before September 151