HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-104Temporary Resolution # 12243
CITY OF TAMARAC
R
RESOLUTION NO.2012-
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, 2012; IMPOSING A RESIDENTIAL SOLID WASTE
COLLECTION ASSESSMENT AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE CITY OF TAMARAC FOR THE FISCAL
YEAR BEGINNING ON OCTOBER 1, 2012; 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, 2012 using
the tax bill collection method; and,
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Temporary Resolution # 12243
WHEREAS, the City Commission, on July 11, 2012, adopted Resolution No. R-2012-81
(the "Initial Assessment Resolution"), referencing the Residential Solid Waste Collection
Services to 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 initial year of the special assessment, the Fiscal Year beginning October 1,
2012, the Ordinance requires the City Commission to adopt a Final 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; and
WHEREAS, the updated Assessment Roll has heretofore been made available for
inspection by the public, as required by the Ordinance and the Initial 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 13, 2012, and comments and
objections of all interested parties have been heard and considered;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Temporary Resolution # 12243
SECTION 1. The aforementioned "WHEREAS" clauses are hereby ratified as true and
correct and incorporated herein.
SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions of
the Ordinance, the Initial Assessment Resolution, sections 166.021 and 166.0411 Florida
Statutes, and other applicable provisions of law.
SECTION 3. DEFINITIONS AND INTERPRETATION. This Resolution constitutes
the Final 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, 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. Adoption of this Final 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, from the Residential
Solid Waste Collection Services to be provided, and a legislative determination that the
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Temporary Resolution # 12243
Residential Solid Waste Collection Assessments are fairly and reasonably apportioned among
the properties that receive the special benefit as set forth in the Initial Assessment Resolution.
(B) The method of computing the Residential Solid Waste Collection Assessment
described in the Initial Assessment Resolution, as modified, amended, and supplemented herein,
is hereby approved.
(C) For the Fiscal Year beginning October 1, 2012, the estimated Residential Solid
Waste Collection Assessed Cost to be assessed is $4,768,156.00. 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, 2012, 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.
C,
Temporary Resolution # 12243
SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The
Initial Assessment Resolution adopted Julyl 1, 2012, except as may be amended herein, is hereby
confirmed.
.
SECTION 6. EFFECT ON ADOPTION OF RESOLUTION. The adoption of this
Final 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 Final 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 8. CONFLICTS. That all prior Resolutions or parts of resolutions in conflict
herewith, are hereby repealed to the extent of such conflict.
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Temporary Resolution # 12243
SECTION 9. EFFECTIVE DATE. This Final Assessment Resolution shall take effect
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2012.
ATTEST:
1J`L-1 I
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMULL S. GORE
CITY ATTORNEY
B ETH T
MAYOR
u
RECORD OF COMMISSION VOTE:
MAYOR
TALAB I SCO L
--
DIST
1:
COMM. BUSHN
LL 6 6'
DIST
2:
COMM. GOMEZ
---
DIST
3:
WM GLASSER
DIST
4:
COMM.
DRESSLE
L -e--➢
1
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Temporary Resolution # 12243
APPENDIX A
AFFIDAVIT OF MAILING
Temporary Resolution # 12243
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally aPNared Michael Cernech, who, after being duly
sworn, deposes and says:
1. L Michael Cemech, 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 Initial Assessment Resolution adopted by the
City Commission on Julyl 1, 2012 (the "Initial Assessment Resolution"). The Initial 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
amountproposed 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
2012 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.
p y
TINA M. WHEATLEY
MY COMMISSION # EE5619
EXPIRES: August 06, 2014
14 00-3-NOTARY � N%RAU Descount Aasoc. Co.
Pr
inted Name: Ile
Notary Public, State of Florida
M Commission Expires:a-z-e:��j
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APPENDIX B
PROOF OF PUBLICATION
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CERTIFICATE
TO
NON -AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Mayor of the City Commission, or authorized agent of
the City of Tamarac, Florida (the "City"); 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 Adni ni.strative Services by September 15, 2012.
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
kart. o -the, above described Non -Ad Valorem Assessment Roll this day of
. j 13,2012.
CITY OF TAMARAC, FLORIDA
By:
Titic
[to be delivered to Broward County Depwtnent of
flinance and Admitish-ative Services on or before September 1,51
DEPARTMENT
OF REVENUE
CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
D R-408A
N . 02/91
I, the undersigned, hereby certify that I am the Chairman of the Board, or authorized
agent of City of Tamarac , located in
Broward County,
Florida; as such, I have satisfied myself that all property included or includable on the
Non -Ad Valorem Assessment Roll for the aforesaid county 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, upon completion of this certificate and the attachment of same to
the herein described Non -Ad Valorem Assessment Roll as part thereof, said Non -Ad
Valorem Assessment Roll will be delivered to the Tax Collector of this county.
In witness whereof, I have subscribed this certificate and caused the same to be
attached to and made a part of the above described Non -Ad Valorem Assessment Roll
this the 13th day of
September
0
2012
year
20,
Chairman of the Board or autlyarized agent
of City of Tamarac
Name of local government
Broward County, Florida