HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-096Temp. Reso. #12393
September 12, 2013
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2013. 9(0
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, 2013;
IMPOSING A RESIDENTIAL SOLID WASTE COLLECTION ASSESSMENT
AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF
TAMARAC FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2013;
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, 2013 using the tax bill
collection method; and,
WHEREAS, the City Commission, on July 10, 2013, adopted Resolution No. R2013-71 (the
"Preliminary Assessment Resolution"), referencing the Residential Solid Waste Collection Services to
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September 12, 2013
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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, 2013, 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;
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 12, 2013, and comments and objections of
all interested parties have been heard and considered;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIVJMSSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1. The aforementioned "WHEREAS" clauses are hereby ratified as true and correct
and incorporated herein.
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September 12, 2013
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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, 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
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September 12, 2013
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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, 2013, the estimated Residential Solid Waste
Collection Assessed Cost to be assessed is $4,768,224.00. 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, 2013, 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 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
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September 12, 2013
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SECTION 5. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION. The
Preliminary Assessment Resolution adopted July 10, 2013, 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.
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.
immediately upon its passage and adoption.
This Annual Assessment Resolution shall take effect
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PASSED, ADOPTED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2013.
ATTEST:
PATRICIA TEUFF�ltl, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
BETH TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO Ile"
DIST 1: COMM. BUSHNELL
DIST 2: COMM. ATKINS-G' D
DIST 3: COMM. GLASSER�
DIST 4: V/M DRESSLERelf
of
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September 12, 2013
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APPENDIX A
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Michael Cernech, who, after
being duly sworn, deposes and says:
1. 1, 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 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 July10, 2013 (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.
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of
2013 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 Flori44
Printed Name
My Commission Expires: � 0�4�
Commission No.:
TINA M. WHEATLEY
My COMMISSION # EE5619
EXPIRES: August 06, 2014
1-80�-3 NOTARY A. Notary Dis MA Aum- CO-
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APPENDIX B
PROOF OF PUBLICATION
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September 12, 2013
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September 12, 2013
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0
CERTIFICATE
TO
NON -AD VALOREM ASSFSSNEENT 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, 2013.
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 described Non -Ad Valorem Assessment Roll this 12'h day of September,
2013.
CITY OF TAMARAC, FLORIDA
By:
Tit1E
[to 1' 1 :1 : :1 to Biroward CmmtyDepwtmmt1
V. TT i 1 1' tL I I'