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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 Page 2 of 10 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 Page 3 of 10 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 Page 4 of 10 • 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 Page 5 of 10 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 Page 6 of 10 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 -��-�',�,i 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. )2e7 Not�ar -Public, State of Flor'da / JZ2 g. Z:--Z- eA11- Printed Name My Commission Expires: Commission No.: 2 TINA M. WMATLEY MY COM WSSION # EE5619 EXPIRES: Augur 06, 2014 1. 00.3-NMARY ,R_NOWY DW°M An= CO. �,mLm ma AkAk`�w of is No Text } h M APPENDIX B PROOF OF PUBLICATION SUN SEPOWL NI$ Dail: Fan tsw*rdale. rowovCounty, o n , Flwi� SOCS ss�4 kn'rN4F#Munty, Roda "Wnt. mfM/*ytftorlda t o; �*< ., .. *�, a'�;:e. =`: %'�«:r . s a J� sir �`,��,,:;�� . ,.<! z. y►-. y { Y k t •• •i �i: K ftmAm"'s" 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 e �• e•� � :e e : � e e 1•e� i �: � �• a e11 �� i:, 1 1: 1W,e• Services and made day of September, No Text