HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-087TR12227
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, RELATING TO THE PROVISION OF
RESIDENTIAL SOLID WASTE COLLECTION SERVICES AND
FACILITIES AND PROGRAMS IN THE CITY OF TAMARAC, FLORIDA;
PROVIDING FOR PURPOSE AND DEFINITIONS; PROVIDING FOR
LEGISLATIVE DETERMINATIONS; ESTABLISHING THE ESTIMATED
RATE FOR THE RESIDENTIAL SOLID WASTE COLLECTION
SERVICES ASSESSMENT FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2012; DIRECTING THE PREPARATION OF A
RESIDENTIAL SOLID WASTE COLLECTION SERVICES SPECIAL
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND
DIRECTING THE PROVISION OF NOTICE THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, City of Tamarac Ordinance No. 2012-09, adopted on April 25, 2012,
provides for the home rule authority of the City "to impose Residential Solid Waste
Collection
Services Special Assessments
against
Residential property
located within the
City", and
provides findings of special
benefit
to real property as
a result of such
services; and,
WHEREAS, the City has in place a Franchise Agreement with Waste
Management, Inc. of Florida (hereinafter "Waste Management"), pursuant to which the
City provides Residential Solid
Waste Collection Services to,
among others,
all
residential properties that receive
Residential Solid Waste Collection
Services within
the
City; and,
WHEREAS, the City believes it is in the best interests of the residents and
residential properties owners to collect funds for the costs of the City's Residential Solid
Waste Collection Services to all residential units that receive Residential Solid Waste
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Collection Services by the City, through its Franchise Agreement, through the levy and
collection of a special assessment, as such will eliminate direct monthly billing and
charges to residents, permit the payment for the services on an annual basis along with
properties taxes and other special assessments, reduce the administrative costs of the
Residential Solid Waste Collection Program to the City, and ensure that all properties
that receive Residential Solid Waste Collection Services from the City through the
Franchise Agreement pay for such so that no property is over -charged by virtue of the
failure of other properties to pay for such; and,
WHEREAS, Residential Solid Waste Collection Services provided by the City
through its Franchise Agreement as defined hereinafter provide the requisite special
benefit to Assessed Property such that they may be funded through a special
assessment; and,
WHEREAS, City staff has reviewed the budget for Residential Solid Waste
Collection Services, for residential units that receive Residential Solid Waste Collection
Services by the City through the Franchise Agreement to ensure that the Residential
Solid Waste Collection Services Special Assessment meets the legal requirements for
special benefit and fair apportionment; and,
WHEREAS, the City Commission determines that it is fair and equitable to levy
and collect a non -ad valorem special assessment to fund the Residential Solid Waste
Collection Services provided by the City through its Franchise Agreement, consistent
with the methodology and allocation as provided hereinafter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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SECTION 1. RECITALS. The foregoing "WHEREAS" clauses are hereby
ratified and confirmed by the City Commission and incorporated herein by this
reference.
SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions
of Ordinance No. 2012-09 (the "Ordinance"), Sections 166.021 and 166.041, Florida
Statutes, and other applicable provisions of law.
SECTION 3. PURPOSE. This Resolution constitutes the Initial Assessment
Resolution as defined in the Ordinance which initiates the process for developing the
Residential Solid Waste Collection Services Special Assessment Roll and directs the
imposition of a Residential Solid Waste Collection Services Assessment as described
hereinafter, for the Fiscal Year beginning October 1, 2012. Its purpose is to provide
procedures and standards for the imposition of a Residential Solid Waste Collection
Services Assessment for all Residential units that receive Residential Solid Waste
Collection Services under the general home rule powers of a municipality to impose
special assessments, and to authorize a procedure for the funding of Residential Solid
Waste Collection Services for these residential properties, facilities, or programs
providing special benefits to Assessed Properties within the City.
SECTION 4.
DEFINITIONS.
All
capitalized
words and
terms not otherwise
defined herein shall
have the meanings
set
forth in the
Ordinance.
Unless the context
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indicates otherwise, words imparting the singular number, include the plural number,
and vice versa. As used in this Resolution, the following terms shall have the following
meanings unless the context hereof otherwise requires:
"Assessment Coordinator" means the person designated by the City to
administer the City's Residential Solid Waste Collection Services, facility, or program, or
such persons designee.
"Cost Apportionment" means the apportionment of the Residential Solid
Waste Collection Services Assessed Cost among all Residential units that receive
Residential Solid Waste Collection Services pursuant to the apportionment methodology
described in Section 8 of this Initial Assessment Resolution.
"Estimated Residential Solid Waste Collection Services Assessment Rate
Schedule" means that rate schedule attached hereto as Appendix "A" and hereby
incorporated herein by reference, specifying the Residential Solid Waste Collection
Services Assessed Costs determined in Section 9 of this Initial Assessment Resolution
and the estimated Residential Solid Waste Collection Services Assessments
established in Section 9 of this Initial Assessment Resolution.
"Franchise Agreement"
means that
certain
Franchise
Agreement for solid
waste and recycling collection
and disposal
by and
between
the City and Waste
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Management of Florida, Inc., dated July 13, 2011, as may be amended from time to
time.
"Improvement Codes" mean the building use codes (also known as DOR
codes) assigned by the Property Appraiser to Tax Parcels within the City.
Residential Property" means those Tax Parcels with a Code Description
designated as Single -Family "Residential" within the Improvement Codes and those
otherwise designated as "Residential" within the
residential Solid Waste Collection Services by
Improvement Codes that receive
the City through the Franchise
Agreement; provided that multi -family residential properties that receive commercial
solid waste collection services (volume -based) are not included in the definition of
"Residential Property" for purposes of the Residential Solid Waste Collection Special
Assessment.
"Residential Solid Waste Collection Services Cost" is as defined in the
Ordinance. "Costs associated with levying the special assessment" includes all costs
associated with the structure, implementation, collection, and enforcement of the
Residential Solid Waste Collection Services Assessment, including any service charges
of the Tax Collector, or Property Appraiser, and amounts necessary to off -set discounts
received for early payment of the Residential Solid Waste Collection Services
Assessments pursuant to the Uniform Assessment Collection Act
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"Tax Parcel" means a parcel of property located within the City to which the
Property Appraiser has assigned a distinct ad valorem property tax identification
number.
SECTION 5. PROVISION AND FUNDING OF RESIDENTIAL SOLID WASTE
COLLECTION SERVICES.
(A) Upon the imposition of the Residential Solid Waste Collection Services
Assessment for Residential Solid Waste Collection Services for residential properties,
facilities, or programs upon Assessed Property located within the City, the City shall
provide Residential Solid Waste Collection Services to such Assessed Property through
the Franchise Agreement. The cost to provide such Residential Solid Waste Collection
Services, facilities,
or programs to residential properties,
as described herein,
shall be
funded from the
proceeds of the Residential Solid
Waste Collection
Services
Assessments.
(B) It is hereby ascertained, determined, and declared that each parcel of Assessed
Property located within the City will be benefited by the City's provision of Residential Solid
Waste Collection Services for properties, facilities, and programs in an amount not less
than the Residential Solid Waste Collection Services Assessment imposed against such
parcel, computed in the manner set forth in this Initial Assessment Resolution.
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SECTION 6. IMPOSITION AND COMPUTATION OF RESIDENTIAL SOLID
WASTE COLLECTION SERVICES ASSESSMENTS. Residential Solid Waste Collection
Services Assessments shall be imposed against all Residential units that receive
Residential Solid Waste Collection Services, as provided herein. The Cost Apportionment
described herein is approved and adopted as the methodology to impose and compute the
Residential Solid Waste Collection Services Assessment.
SECTION 7. LEGISLATIVE DETERMINATIONS OF AUTHORITY, SPECIAL
BENEFIT AND FAIR APPORTIONMENT. The City Commission adopts the following
legislative findings relating to the Residential Solid Waste Collection Services special
assessment:
AUTHORITY
7.1 Pursuant to Article VIII, Section 2(b) of the Florida Constitution, and
Sections 166.021 and 166.041, Florida Statutes, the City Commission has all powers of
local self-government to perform municipal functions and render municipal services
except when prohibited by law and such power may be exercised by the enactment of
City ordinances or resolutions.
7.2 The City Commission may exercise any governmental, corporate, or
proprietary power for a municipal purpose except when expressly prohibited by law, and
the City Commission may legislate on any subject matter on which the Florida
Legislature may act, except those subjects described in (a), (b), (c), and (d) of
Section 166.021(3), Florida Statutes. The subject matter of paragraphs (a), (b), (c), and
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(d) of Section 166.021(3), Florida Statutes, are not relevant to the imposition of
assessments related to Residential Solid Waste Collection Services, facilities or
programs.
7.3 Section 403.706(1), Florida Statutes, provides that the City is responsible
to collect and transport solid waste from within its boundaries to a solid waste disposal
facility.
7.4 To fulfill its obligations, the City entered into the Franchise Agreement with
Waste Management for the collection and transport of solid waste from, among others,
single-family residential properties, and certain multi -family residential properties that
receive Residential Solid Waste Collection services, within the City.
SPECIAL BENEFIT
7.5
The City provides
Residential Solid Waste
Collection Services to the
Assessed
Properties through its
Franchise Agreement. All
Assessed Properties receive
Residential Solid Waste
Collection Services,
and therefore are
required to
receive the
City's Residential Solid
Waste Collection
Services through
the City's
Franchise
Agreement.
7.6
The special
benefit
provided to the Assessed Properties
as a
result of
the
provision of
Residential
Solid
Waste Collection Services by the
City
through
its
Franchise Agreement, and as a result of the Residential Solid Waste Collection
Services Assessment include by way of example and not limitation, the availability and
use of Residential Solid Waste Collection Services by the owners and occupants of the
Assessed Properties, the enhancement of environmentally responsible use and
enjoyment of developed residential properties in the City, the protection of public health
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and safety, ensuring sanitary collection and disposal of solid waste from residential units
in the City, a potential increase in value to property, and better service to landowners
and tenants.
7.7
The City's provision
of Residential Solid
Waste Collection
Services
through its
Franchise Agreement
possesses a logical
relationship to the
use and
enjoyment of the Assessed Properties by:
7.7.1 protecting and potentially increasing the value of the Residential
units by providing solid waste services;
in the City•
7.7.2
7.7.3
enhancing the environmentally responsible use of residential land
protecting the health of intended occupants in the use and
enjoyment of residential units by ensuring the proper collection and disposal of solid
waste from the Assessed Properties;
7.8 Commercial
properties, and multi -family residential properties in
the
City
that receive commercial
solid waste collection services (volume -based),
are
not
specially benefited by the City's Residential Solid Waste Collection Services funded by
the Residential Solid Waste Collection Special Assessment in that those properties
receive volume -based Solid Waste Collection services. Moreover, given the fact that
commercial properties, and residential properties that receive commercial solid waste
collection services receive Solid Waste Collection Services on a volume basis, it is not
possible to determine the exact annual costs that can be apportioned to each property;
therefore, it is not possible to ensure that an assessment levied upon these properties
can be fairly apportioned. As a result, it is fair and reasonable not to levy a special
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assessment for the funding of residential Solid Waste Collection services upon those
properties.
IMPOSITION AND COLLECTION
7.9 The Residential Solid Waste Collection Services Assessments to be
imposed pursuant to this Resolution shall constitute non -ad valorem assessments within
the meaning and intent of the Uniform Assessment Collection Act.
7.10 The Residential Solid Waste Collection Services Assessment imposed
pursuant to this Resolution is imposed by the City Commission of the City of Tamarac,
not the Broward County Board of County Commissioners, Property Appraiser or Tax
Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of
this Resolution, and pursuant to the City's agreements with such entities, shall be
construed as ministerial.
7.11
So long
as the Residential
Solid Waste Collection Special Assessment is
levied, the
Assessed
Properties will no
longer be billed directly by the City for the
Residential Solid Waste Collection Services they receive from the City through the
Franchise Agreement.
APPORTIONMENT
7.12 The size or the value of the Residential Property does not determine the
scope of the required solid waste services. The potential demand for Residential Solid
Waste Collection Services is driven by the existence of a Residential unit.
7.13 Apportioning the Residential Solid Waste Assessed Costs for Residential
Solid Waste Collection Services attributable to Residential Property on a per Residential
unit basis is required to avoid cost inefficiency and unnecessary administration and is a fair
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and reasonable method.
7.14 Because commercial properties, and multi -family residential properties that
receive commercial solid waste collection services (volume -based) do not benefit from the
provision of Residential Solid Waste Collection Services by the City through the Franchise
Agreement, the Residential Solid Waste Collection Services Assessed Costs are not
apportioned to those properties.
SECTION 8. COST APPORTIONMENT METHODOLOGY. The Franchise
Agreement provides for an annual charge to the Assessed Properties for the Residential
Solid Waste Collection Services provided by the City through its Franchise Agreement.
The Residential Solid Waste Collection Services Assessed Costs include other costs
associated with the Residential Solid Waste Collection Special Assessment, which are
then allocated to the Assessed Properties in addition to the annual charge in the
Franchise Agreement to determine the Assessment Amount. The Assessment Amount
is then multiplied by the number of Residential units on such Tax Parcel. For the Fiscal
Year commencing October 1, 2012, the annual charge per Residential Unit in the City is
$4768 , 156.
SECTION 9. DETERMINATION OF RESIDENTIAL SOLID WASTE
COLLECTION ASSESSED COSTS; ESTABLISHMENT OF ANNUAL RESIDENTIAL
SOLID WASTE COLLECTION ASSESSMENT RATES.
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(A) The Residential Solid Waste Collection Service Assessed Costs to be assessed
and apportioned among Assessed Properties pursuant to the Cost Apportionment for the
Fiscal Year commencing October 1, 2012, is the amount determined in the manner
described in Section 8 above, and within in the Estimated Residential Solid Waste
Collection Services Assessment Rate Schedule, attached hereto as Appendix A. The
approval of the Estimated Residential Solid Waste Collection Services Assessment Rate
Schedule by the adoption of this Initial Assessment Resolution determines the amount of
the Residential Solid Waste Collection Services Assessed Costs.
(B) The estimated Residential Solid Waste Collection Services Assessments
specified in the Estimated Residential Solid Waste Collection Services Assessment Rate
Schedule are hereby established to fund the specified Residential Solid Waste Collection
Services Assessed Costs determined to be assessed in the Fiscal Year commencing
October 1, 2012.
(C) The estimated Residential Solid Waste Collection Services Assessments
established in this Initial Assessment Resolution shall be the estimated assessment rates
applied by the Assessment Coordinator in the preparation of the updated Residential Solid
Waste Collection Services Special Assessment Roll for the Fiscal Year commencing
October 1, 2012, as provided in Section 10 of this Initial Assessment Resolution.
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SECTION 10. ANNUAL RESIDENTIAL SOLID WASTE COLLECTION
SERVICES SPECIAL ASSESSMENT ROLL.
(A) The Assessment Coordinator is hereby directed to prepare, or cause to be
prepared, a Residential Solid Waste Collection Services Special Assessment Roll for the
Fiscal Year commencing October 1, 2012, in the manner provided in this Initial
Assessment Resolution. The Assessment Coordinator shall apportion the estimated
Residential Solid Waste Collection Service Assessed Cost to be recovered through
Residential Solid Waste Collection Services Assessments in the manner set forth in this
Initial Assessment Resolution. A copy of this Initial Assessment Resolution, the
Ordinance, and the Residential Solid Waste Collection Services Special Assessment Roll
shall be maintained on file in the office of the City Clerk and open to public inspection. The
foregoing shall not be construed to require that the Residential Solid Waste Collection
Services Special Assessment Roll proposed for the Fiscal Year commencing October 1,
2012 be in printed form if the amount of the Residential Solid Waste Collection Services
Assessment for each parcel of property can be determined by the use of a computer
terminal available to the public.
A It is hereby ascertained, determined, and declared that the method of
determining the Residential Solid Waste Collection Services Assessments for the City's
Residential Solid Waste Collection Services as set forth in this Initial Assessment
Resolution is a fair and reasonable method of apportioning the Residential Solid Waste
Collection Services Assessed Cost among parcels of Assessed Property located within the
City, as the methodology and apportionment assures that no property is assessed an
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amount greater than the benefit which it receives from the Residential Solid Waste
Collection Services provided by the City through its Franchise Agreement.
SECTION 11. AUTHORIZATION OF PUBLIC HEARING. There is hereby
established a public hearing to be held at 5:05 p.m., on September 13, 2012, in City
Commission Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, City of
Tamarac, Florida, at which time the City Commission will receive and consider any
comments on the Residential Solid Waste Collection Services Assessment from the
public and affected property owners and consider imposing the Residential Solid Waste
Collection Services Assessment and collecting such assessments on the same bill as
ad valorem taxes.
SECTION 12. NOTICE BY PUBLICATION. The City Manager, or her designee,
shall publish notice of the public hearing authorized by Section 11 hereof, in the manner
and time provided within the Ordinance. The notice shall be published no later than
August 23, 2012, in substantially the form attached hereto as Appendix C.
SECTION 13. NOTICE BY MAIL. The City Manager, or her designee, shall also
ensure timely notice by use of the TRIM notice forwarded annually by the Property
Appraiser's Office to the Owner of each parcel of Assessed Property within the City, at
least twenty (20) days prior to the public hearing, as required by the Ordinance, and the
Uniform Assessment Collection Act.
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SECTION 14. PROOF OF NOTICE. The City Manager, or her designee, may
provide proof of such notice by affidavit, if any is required pursuant to the Ordinance or
Resolution.
SECTION 15. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds
derived by the City from the Residential Solid Waste Collection Services Assessments
will be utilized for the provision of Residential Solid Waste Collection Services, facilities,
and programs by the City, through its Franchise Agreement, as described herein.
SECTION 16. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 17. SEVERABILITY. 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 18. EFFECTIVE DATE. This Initial Assessment Resolution shall take
effect immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
r k,
PETER M. J, RICHARDSON, CRM, CMC
CITY" CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMI
CITY
day of
BETH TALABI
MAYOR
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,2012.
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO'}
DIST 1: COMM. BUSHNF:LL , L
DIST 2: COMM. GOMEZ`-
DIST 3: V/M GLASSER`
DIST 4: COMM. DRESSLE .art
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APPENDIX A
ESTIMATED RESIDENTIAL SOLID WASTE COLLECTION SERVICES
ASSESSMENT RATE SCHEDULE
SECTION A-1 DETERMINATION OF RESIDENTIAL SOLID WASTE
COLLECTION SERVICES ASSESSED COSTS. The estimated Residential Solid
Waste Collection Services Assessed Costs to be assessed for the Fiscal Year
commencing October 1, 2012, is $4,768,156.
SECTION A-2 ESTIMATED RESIDENTIAL SOLID WASTE COLLECTION
SERVICES ASSESSMENTS. The estimated Residential Solid Waste Collection
Services Assessments to be assessed and apportioned among benefitted parcels
pursuant to the Cost Apportionment Methodology to generate the estimated Residential
Solid Waste Collection Services Assessed Cost for the Fiscal Year commencing
October 1, 2012, are hereby established as follows for the purpose of this Initial
Assessment Resolution:
RESIDENTIAL UNITS: $273.75 PER UNIT
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APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To be published no later than August 23, 2012
INSERT MAP OF CITY
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF RESIDENTIAL SOLID WASTE COLLECTION
SERVICES SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Tamarac will
conduct a public hearing to consider imposing Residential Solid Waste Collection
Services Special Assessments upon Residential Units that receive Residential Solid
Waste Collection Services, for the provision by the City of Residential Solid Waste
Collection Services to such properties within the City of Tamarac.
The hearing will be held at p.m., on September 13, 2012, in City Commission
Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, City of Tamarac, Florida,
for the purpose of receiving public comment on the proposed assessments. All affected
property owners have a right to appear at the hearing and to file written objections with
the City Commission within 20 days of this notice. If a person decides to appeal any
decision made by the City Commission with respect to any matter considered at the
hearing, such person will need a record of the proceedings and may need to ensure that
a verbatim record is made, including the testimony and evidence upon which the appeal
is to be made. In accordance with the Americans with Disabilities Act, persons needing
a special accommodation or an interpreter to participate in this proceeding should
contact the Clerk of the City at (954) 597-3505, at least seven days prior to the date of
the hearing.
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The assessment for each parcel of residential property that receives Residential
Solid Waste Collection Services from the City will be based upon the total number of
Residential units attributed to that parcel, at the amount of $273.75 per unit.
Copies of the Assessment Ordinance, the Initial Assessment Resolution and the Initial
Residential Solid Waste Collection Services Special Assessment Roll are available for
inspection at the City Clerk's Office, Tamarac City Hall, 7525 Northwest 88th Avenue,
Tamarac, Florida.
The assessments will be collected by the Tax Collector on the ad valorem tax bill
to be mailed in November 2012, as authorized by section 197.3632, Florida Statutes.
Failure to pay the assessments will cause a tax certificate to be issued against the
property, which may result in a loss of title.
If you have any questions, please contact the Finance Director of the City of
Tamarac, at (954) 597-3550, Monday through Friday between 8:00 a.m. and 5:00 p.m.
CITY CLERK
CITY OF TAMARAC.