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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-093Temp. Reso. # 13319 August 12, 2019 Page 1 of 11 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2019- (13 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, 2019; IMPOSING A RESIDENTIAL SOLID WASTE COLLECTION ASSESSMENT AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF TAMARAC FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2019; 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, 2019 using the tax bill collection method; and, I HEREBY CERTIFY THAT THIS DOCUMENT IS ATRUE AND C RECT COPY OF THE ORIGINAL OF WHICH IS ON FILE IN CITY HALL WITNESS MY HAND AND OFFICIAL SEAL 1 OF THE CITY OF TAMARAC. FLORIDA. THIS- DAY �yp l HiTV PI L'OV Temp. Reso. # 13319 August 12, 2019 Page 2 of 11 WHEREAS, the City Commission, on July 10, 2019, adopted Resolution No. R-2019-75 (the "Preliminary 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 Fiscal Year beginning October 1, 2019, 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; and 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; 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, 2019, and comments and objections of all interested partres`have "been heard and considered; Temp. Reso. # 13319 August 12, 2019 Page 3 of 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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, 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. IlVIPOSITION 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, 3 Temp. Reso. # 13319 August 12, 2019 Page 4 of 11 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 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, 2019, the estimated Residential Solid Waste Collection Assessed Cost to be assessed is $5,038,964. 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, 2019, is hereby established at $278.75 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 4 Temp. Reso. # 13319 August 12, 2019 Page 5 of 11 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 SECTION 5. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION. The Preliminary Assessment Resolution adopted July 10, 2019, 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. E Temp. Reso. # 13319 August 12, 2019 Page 6 of 11 SECTION 8. 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. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2019. CITY OF TAMARAC FLORIDA MICIAELLE J. GOMEZ,&AYOR ATTEST: r PATRICIA TEUFEL, CMC CITY CLERK RECORD OF COMMISSION VOTE: I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: v4 J/�� 1�11 SAMUEL S. GORE CITY ATTORNEY • ' CI UMI DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN DIST 4: V/M. PLACKO 2 Temp. Reso. # 13319 August 12, 2019 Page 7 of 11 ._ _' ' 3LN1_I ►l _._ AFFIDAVIT OF MAILING Temp. Reso. # 13319 August 12, 2019 Page 8 of 11 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 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 July 10, 2019 (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. � Affiant STATE OF FLORIDA COUNTY OF BROWARD The foregoing Affidavit of Mailing was sworn to and subscribed before me this 1=3t` day of L. 2019 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. Ai 4�, Notary Public, -State of Florida Printed Name My Commission Expires: <=w... Commission No.: �.., � MWRLYDILLON MY COMMISSION t FF OMIS. ' EXPIRES: Febmary 3, 2'= Bonded TAru Budget NOWY s� Temp. Reso. # 13319 August 12, 2019 Page 9 of 11 APPENDIX B PROOF OF PUBLICATION SUN SENTINEL Published Daily Fort 4 ale, B.rowfard County, Florida Boca Raton, Palm Beach County, Florida Miami,, Miami -Dada County, Florida STATE OF FLORIDA COUNTY OF B12OWARDIPALM BEACHWAII11-DADE Beforethe undersigned; authority personally appeared M.ar*. utS wiho on oath saysthat he/she is a duly of the Classified Department authormedle� of the SunSeg4nel, daily newspaper published in Broward/Palm Beaahrai Dade County, Florida, that the af3achad:srrpy of advertisement, being, a NOTICE OE Pl1B£[L fiF�RJM"6 imtire matter4f DIEof y OF TANARAC SOLID WASTE ASSESSXENT NOTICE appearr=d in the paper on AUGUST I& 2919 AD IDf 63t694fii DdTiarrt further says that.the said Sun- Sentinel is a newspaper published in said BrowardlPalm Beach/ WHami-Dade County, Florida. and that the said newspaper has heretofore been continuously published in said Browrarfwowm Beach lliami-Dade County, Florida, each, day; and has entered as second class Matter at the post office in Fort Lauderdale, in said Broward Couety, Florida for a period of one year next preceding the first publication, of the attached copy of advertisement; Land affiarrt: says that he/she has neither paid; nor pro-1-4 d; any person, firm or corporation any discount, rebak, commission or refund for the purpose of securing this advertisement for publication in said newspaper. . Sworn to and AUG il l, 26 �dbe to N a ;v 4o+ Noiary Public State of Honda ilai-cia Ineritl Smith Piny Commission FF 940120 _, .. :x_ires-i2M1M19 (Flame of Notary typed, printed or stamped) Personally Known iz or Produced Identification Temp. Reso. # 13319 August 12, 2019 Page 10 of 11 APPENDIX C FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL Temp. Reso. # 13319 August 12, 2019 Page 11 of 11 CERTIFICATE TO NON -AD VALOREM ASSESSMEW 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, 2019. IN WITNESS WHEREOF, I have gybed 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 'h' day of 2019. CITY OF TAMARAC, FLORIDA By: Title: [to be de1vered to Broward County Deparbnmt of Vinanm and Admanishative Services on or before September 151