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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-092Temporary Resolution Number TR 12529 CITY OF TAMARAC, FLORIDA RESOLUTION R2014- 014 2- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMAR,AC, 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, 2014; 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 9, 2014, the City Commission adopted Resolution 2014-72 (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, 2014, directed the preparation of the prelimina ry Stormwater Management Utility Fee Roll, and directed notice for the public hearing as provided in the Ordinance; and (00032492.1 2704-0501640 ) Temporary Resolution Number TR 12529 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; 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, 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, 2014, 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 obj ections relating to the Stormwater Management Utility Fee; and, 100032492.1 2704-0501640 ) Temporary Resolution Number TR 12529 WHEREAS, the City Commission hereby levies the Stormwater Management Utility Fee for the Fiscal Year beginning October 1, 2014. 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. 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. (00032492.1 2704-0501640 ) Temporary Resolution Number TR 12529 Section 5. The Stormwater Service Costs to be charged for the Fiscal Year commencing October 1, 2014, shall be $5,471,776'.57. 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, 2014, 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, 2014 per ERU for all improved properties, within the City of Tamarac corporate limits shall be One Hundred Thirteen and 62/100 Dollars ($113.62). • The Stormwater Management Utility Fee imposed for residential properties shall be the rate for one (1) ERU per unit, which is $113.62 for the Fiscal Year beginning October 1, 2014. • 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. • 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, 2014. 100032492.1 2704-0501640 1 Temporary Resolution Number TR 12529 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, 2014. 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 stand confirmed. All Stormwater Management Utility Fees shall constitute legal, valid, and { 00032492.1 2704-05016401 Temporary Resolution Number TR 12529 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, 2014, 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. 100032492.1 2704-0501640 } Temporary Resolution Number TR 12529 Section 15. adoption. This Resolution shall become effective immediately upon its passage and PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS 121b DAY OF SEPTEMBER, 2014. CITY OF TAMARAC FLORIDA Y DICES SLER, MAYOR ATTEST: PATRICIA TEUFEI.f, CITY CLERK M RECORD OF COMMISSION VOTE: MAYOR DRES SLER DIST 1: COMM. BUSHNELL DIST 2: V/M. GOMEZ DIST 3 : COMM. GLAS SER DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: S. GOREN 'V CITY ATTORNEY 100032492.1 2704-0501640 ) Temporary Resolution Number TR 12529 APPENDIX A AFFIDAVIT OF MAILING 100032492.1 2704-0501640 } Temporary Resolution Number TR 12529 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 9, 2014 (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. STATE OF FLORIDA COUNTY OF BROWARD The foregoing Affidavit of Mailing was sworn to and subscribed before me this /,;, day of g g g , 2014 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. w No1gy Public, State of Florida i1NA M WHi A', i ixNoisy Pubic - state u l F t � ! � i :. Printed Name • Cam. Expires Aug 6. 4 U ' 0 FF 135878 001', rya* OWN Nday Ann. My Commission Expires." Commission No.: 13`'' � 9 100032492.1 2704-0501640 ) a Temporary Resolution T 123 94 APPENDIX B PROOF OF PUBLICATION !im I,- I J t ! (00032492.1 2704-0501640 ) Page 1 of 11 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 Before the undersigned authority personally appeared Mark Kuznitz who on oath ` says that he/she is a duly authorized representative of the Classified Department of the Sun -Sentinel, daily newspaper published in Broward/Palm Beach/Miami- Dade County, Florida, that the attached copy of advertisement, being, a PUBLIC NOTICE In the matter of THE CITY OF TAMARAC - STORMWATER + ASSESSMENT appeared in the paper on AUGUST 17, 2014 A.D ID 2550270 Affiarit further says that the said Sun -Sentinel is a newspaper published in said i '.. Broward/Palm Beach/ Miami -Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Broward/Palm Beach/Miami- Dade County, Florida, each day, and has entered as second class matter at the post office in Fort Lauderdale, in said Broward County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant says that he/she has neither paid, nor promised, any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for p . ation in said newspaper. Sworn to and subscribed before rk Kuznitz, Affiant AUGUST 18, 2014, A.D LINDA Md4 tit& of No ary Public) �*�• '* MY COMMISSION # EE182121 ' EXPIRES Match 22, 2016 � • •• (40 •3W-0153 ° .car++ or stamped) Personally Known X or Produced Identification .. .., .. ._. __ ...._ ...__..e�.! �►1`!�-f'ADuw�►+C• LZ��I.-sJ+t1s[.►�.Jt.irm! ._.m. .....,r.,.,,r.r.,,� TIC, I, :,T.70,.,-,--1-MP0: E E.,: 0; f A- RIN j­­,,G 7 77-. OV ANCACFD $TORMWATE.-,R-Ull'LjTy'r'MA.NAGEME'N FEES-ON'T LL Notice is herebygiverr that -the'City Commission of City of Tamarac, Florida ('City') will conduct a public hearing to consider imposing Stonnv�►ater Utility Management Fees within the City of Tamarac,. as'shown below, and, collecting such on the annual Property Tax Bills: t.,ITY t F TAM R C , FLORIDA A $tREET ICCATIaN MAP The hearing. will be held.' at 5:05 -:p.m. on. September, 12, 2014, in the .City Commission Chambers. of City . Hall, 7525 Northwest .88th Avenue, ki�narac Florida, 33321 for the purpose of receiving public comment on the proposed Sormwater Utility Management Fees. All.affecfed property owners have a right to, appear at the hearing and to file written objections with the City C-ommission� within 20 days of this notice. If a person-decldes to�appeaf any decision- made; by the City Commission with.. • •respect #o any rnatf +sr considered at the haaiirig, such person veil! need s record of the proceedings ar1c1 rrlay need #© ensure the# a werbaEllsn +ard is rvtade, rteluding Me testin ony,� and evlderrce opon which the app lg is to'l�e tneirie, ,ln accordance wrth the Americans with.'Disabllitidt Ac#� perso�ts need ng a spacrel acaom oris`t i l Qr an interpreter to -`participate, in #his: proceeding show contact .the Cit(. C1`Qric :;offii e. at (s . 54) 597=3505 at leas# 72 hours (3 daysj prror #o t#te date of the hearing The Stormwater Utility Management Fees five. been :proposed' to funEt the City's cost #o provide.:Stormwater. Management. Service within, he city of,Tarnarac, as: shown above:- The Storrnwater Utility MAnagernent..Eees are based upon -the estimated amount. 'of stormwa#er 'runoff generated -by impervious sU . W on the . property. ;impervious surfaces include the rooftop, patios, driveways,. parking lots, and similar areas.. The .City has- determined; that the average Residential Propel ty in the ervieancu,8Sto"wator SAefomp [ous surface, ,whichs defined as the "Equivalent Stormwater Unit" or "ERII lfiltllde":Tfia annual Siormwater Utility Management rate `for:the Fiscal=Year ping °I ctober .1,2Q'!4, w,li be $1 i 3.62 for each ERIF. Each residentlal ;property ri the City wilt be charged -for, one . ERU, which is=$113 62.-for the Fiscal! Year beginning C)ctotaer,l; 2014. Generally; :the .nurriber .of ERUs was .calcuta#ed for ,each parEet pf<<iVonresidsntia{ Property by divrding the :im.pei•vious surface area by the ERU vahie of 1,830 square teat. For Undeveloped PropeFrty, the at idurit of . torrnwater Utll'rty Management- Fee shall be.1 6237 ERUs pdr acre .or portioin thereof:. A. more specific: ;desctiption is set forth in Chapter 22 `of the Clty's Code' of :Ordinances, and . the Preliminary Fee Resolution adopted bythe City Commission on July 9, 2014. Copies ofthe:Otdinance, the PrellminaryFees Resolutlon -and the Stormwater Management Utility Fee Roll :are availat5le for rrispection at the Office of the City Clerk, City Hall, 7525. CVorthweet8th Avenue, Tamarac, .F orida 333 -1. The Storm,, t .Management Utility Fees will be colleted :on the: apt yalorer� taz bill i to be mailed in: November 2014; as authorized by �sectlon 1$7.3fi32, Florida Statutes. l Failure to pay the tormwater Management.U#Ility Fees will cause. a tax. certi#icate to be issued; against the property which nay :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 8:00 a.m. and 500 p.m. PATRiCIA TEUFEL, CIVIC . r CITY .CLERK•:. .: CITY OF TAMARAO, FLORIDA Temporary Resolution T 123 94 CERTIFICATE fff 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, 2014. 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 a ove described Stormwater Management Utility Fee Roll this Z 2 day of 2014. CITY OF TAMARAC, FLORIDA By: Tith [to 1' defivered to Broward 1 1 Department 1 Ffimce and Adnihfistrative Services on or before :1 :+II I' 100032492.1 2704-05016401 Page 2 of 11