HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-097Temp. Reso. #12394
September 12, 2013
Page 1 of 10.
CITY OF TAMARAC, FLORIDA
RESOLUTION R-2013. q .7
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, 2013; 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 10, 2013, the City Commission adopted Resolution 2013-67 (the "Initial 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, 2013, directed
the preparation of the preliminary Stormwater Management Utility Fee Roll, and directed notice for the
public hearing as provided in the Ordinance; and
Temp. Reso. #12394
September 12, 2013
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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 Initial 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,
WHEREAS, the preliminary Stormwater Management Utility Fee Roll has been available for
inspection by the public since the adoption of the Initial Fee Resolution; .and,
WHEREAS, the City held a public hearing on September 12, 2013, to confirm and levy the
Stormwater Management Utility Fee to fund a portion of the City's Stormwater Utility within the City; 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, affected property owners have had the right to file written objections to the
Stomwater 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, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMTVIISSION OF THE CITY
OF TAMARAC, THAT:
I
Temp. Reso. #12394
September 12, 2013
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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 Initial 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 Final Fee Resolution as defined in the Ordinance. All
legislative findings set forth in the Ordinance and the Initial Fee Resolution are hereby readopted,
confirmed, and ratified herein, and terms defined in the Ordinance and Initial Fee Resolution shall have the
same meaning herein.
Section I 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 Initial Fee Resolution, and briefly hereinafter, is hereby approved.
Section 5. The Stormwater Service Costs to be charged for the Fiscal Year commencing
October 1, 2013, shall be $5,343,579.00. The approval of this Final 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, 2013, shall be generally as follows, as more particularly described in the
Ordinance and the Initial 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.
Temp. Reso. #12394
September 12, 2013
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• The charge in the Fiscal Year beginning on October 1, 2013 per ERU for all
improved properties within the City of Tamarac corporate limits shall be One
Hundred Ten and 33/100 Dollars ($110.33).
• The Stormwater Management Utility Fee imposed for residential properties
shall be the rate for one (1) ERU per unit, which is $110.33 for the Fiscal Year
beginning October 1, 2013.
• 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, 2013.
Section 7. All reductions or exemptions set forth in the Initial 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.
Temp. Reso. #12394
September 12, 2013
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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, 2013.
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 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, 2013, 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 Final 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.
Temp. Reso. #12394
September 12, 2013
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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, 2013.
CITY OF/I'AMARAC FLORIDA
B ETH TALABISCO; MAYQ
ATTEST:
06k
PATRICIA TEUFEL,
CITY CLERK
MC
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO �
DIST l: COMM. BUSHNE L
DIST 2: COMM. ATKINS-GRAD
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DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLER
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
Temp. Reso. #12394
September 12, 2013
Page 7 of 10
APPENDIX A
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 Initial Fee Resolution adopted
by the City Commission on July10, 2013 (the "Initial Fee Resolution"). The Initial 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 day
2013 by Michael Cernech, City Manager, and City of Tamarac, Florida. He
pre sonally known to me or has produced as identification and did take an oath.
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Not�ar -Public, State of Flor'da
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Printed Name
My Commission Expires:
Commission No.:
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TINA M. WMATLEY
MY COM WSSION # EE5619
EXPIRES: Augur 06, 2014
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APPENDIX B
PROOF OF PUBLICATION
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APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
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, 2013.
IN MTIrINESS WHEREOF, I have subscribed this certificate and directed the same to be
delivered to the Broward County Department of Finance and Administrative
part of the above described Stormwater Management Utility,Fee Roll this 12th
2013.
CITY OF TAMARAC, FLORIDA
By:
Title: Mayor
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Services and made
day of September,
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