HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-092Temp. Reso. # 13318
August 12, 2019
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R 2019-- C1 Z-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, RELATING TO THE LEVY AND COLLECTION
OF THE CTTrS STORMWATER MANAGEMENT UTILITY FEE
WITIIIN THE MUNICIPAL BOUNDARIES OF THE CITY OF TAMARAC
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019; APPROVING,
CON.FIRMIlNG, AND ADOPTING THE STORMWATER MANAGEMENT
UTILITY FEE AND STORMWATER MANAGEMENT UTILITY FEE
ROLL; PROVIDING FOR OTHER MATTERS RELATING TO THE LEVY
AND COLLECTION CTION OF THE STORMWATER MANAGEMENT UTILITY
FEE ON THE ANNUAL PROPERTY TAX BILLS; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABII.ITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
HEREAS, on April 24, 2013, the Tamarac City Commission adopted Ordinance 2013-05
(the "Ordinance"� which amemded Chapter 22 of the Citf s Code of Ordinances to confine the
authority to levy and collect a Stomnater Maw Utility Fee to final a portion of the CiVs
Stomrwater Utility, and to aubmae use of the State of Florida Unffi= Assessment Collection Act
to collect the StdrIirwater Management Utli' y Fee on the snnmml property tag bills; and
WHEREAS, on July 10, 2019, the City Commission adopted Resolution R 2019-65 (the
"Prelinimerp Fee Resohiticn"), which cold legislative findings in support of the Stomlwater
Management UtilAy Fee, a beef won ofthe Stomiwa ter Service Area and services to be funded
by the Stomiwater Management Utility Fee, described the method for deternining the Stormwater
Management Utility Fee, esbbfiWied the laetiminaay Stogywater Management Utility Fees for the
Fiscal Year bee wing October 1, 2019, directed the p veparation of the preliminary Stormwater
Management Utility Fee Roll, and directed notice for the public hearing as provided in the Ordinance;
and
WIIEREAS, pinsuaat W 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 Pmbninary Fee Resolution and preliminary Storrs a Management Utility Fee Roll; and
WHEREAS, notice of a public hearing has been published and mailed, which provided
notice to all inter persons of an opportunity to be heard.. An affidavit regarding the notice of
mailing is attached hereto as Appendix "A" and the proof of publicatioal is attached hereto as
Appendix "B"; and, I HERESY CER I IFYTHATTHIS DOCUMENT IS ATRUE
AND PQRRECT COPY OF
204_,.. 7
THE ORIGINAL OF WHICH 13 ON FILE IN CITY HALL
WITNESS MY HAND AND OFFICIAL SEAL
OF THE CITY (f TAMARAC, F .pRiDA.
THI8 j,, ;pAY OF- d
let4grr Zp �
CITY CL FRI[
Temp. Reso. # 13318
August 12, 2019
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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 properly subject to the Stormwater hsanagement Utility Fee; and
WHEREAS, the preliminary Stormwater Management Utility Fee Roll has been available
for inspection by the public since the adoption of the Preliminary Fee Resolution; and,
Vj7HEREAS, the City held a public heating on September 13, 2019, to confirm and levy the
Storinwater Management Utility Fee to fund a portion of the CiVs Stormwater Utility within the
City; and
WHEREAS, affected property owners have had the right to file written objections to the
Stormwater Managemesrt 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 fi-om interested persons present at the public hearing, and considered all
objections relating to the Stormwater Malt Utility Fee; and-
WEWIWAS, the City Commissim hereby levies the Storinwatert Utility, Fee for
the Fiscal Year beghming October 1, 2019.
NOW, THERE MRE, BE IT RESOLVED BY THE CITY COMMLSMON OF THE
CITY OF TANIARAC, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and cmfimxd as being
true and correct; and are hereby made a specific part of this Resolution upon adoption hereof -
Section 2. This Resolution is adopted pmmiant to the Ordinmxe, the Preliminary Fee
Resolution, Article VM Section 2 ofthe Florida Constitution, Chapters 166 and 403, Florida Statutes,
and oflxx applicable provisions of law it constitutes the Annual Fee Resolution as defined in the
Ordinance. All legislative findings set forth in the Ordinance and the Preliminary Fee Resolution are
hereby readopted, confirrned, and ratified herein, and terms defined in the Ordinance and Preliminary
Fee Resolution shall have the same meaning harm
10 YnOa
V
Temp. Reso. # 13318
August 12, 2019
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Section 3. 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 Preliminary Fee Resolution, and briefly hereinafter, is hereby
approved.
Section 5. The Stormwater Service Costs to be charged for the Fiscal Year commencing
October 1, 2019, shall be $6,397,123. The approval of this Annual 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, 2019, shall be generally as follows, as more particularly described
in the Ordinance and the Preliminary Fee Resolution:
• An "Equivalent Residential Unit" (ERU) shall be the basic unit for the
computation of stormwater service charges. An ERU is defined as
1,830 square feet of impervious area, which is the impervious area of
average Residential Property within the Stormwater Service Area
• The charge in the Fiscal Year beginning on October 1, 2019 per ERU
for all improved properties within the City of Tamarac corporate limits
shall be One Hundred Thirty -One and 60/100 Dollars ($131.60).
• The Stormwater Management Utility Fee imposed for residential
properties shall be the rate for one (1) ERU per unit, which is $131.60
for the Fiscal Year beginning October 1, 2019.
• 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.
Temp. Reso. # 13318
August 12, 2019
Page 4 of 11
• 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, 2019.
Section 7. All reductions or exemptions set forth in the Preliminary 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.
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 beginner on October 1, 2019.
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
Temp. Reso. # 13318
August 12, 2019
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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 Fees 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, 2019, 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 Annual 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.
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.
Temp. Reso. # 13318
August 12, 2019
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Section 15. This Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF TBE CITY OF TAMARAC,
FLORIDA THIS 13& DAY OF SEPTEMBER, 2019.
CITY OF TAMARAC FLORIDA
MICHE LE J. GOMEZ, MA R
ATTEST:
PATRICIA TEUFEL, CMC
� CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON `� G
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: V/M. PLACKO C' d
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
SAMUEL S. GORE
CITY ATTORNEY
Temp. Reso. # 13318
August 12, 2019
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APPENDIX A
AFFIDAVIT OF MAILING
Temp. Reso. # 13318
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 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 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 Preliminary Fee Resolution adopted by the City Commission on July 10, 2019 (the "Preliminary
Fee Resolution"). The Preliminary 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 of
2019 by Michael Cernech, City Manager, and City of Tamarac, Florida.
He is onally known to me or has produced as identification and did take an oath.
No ary Publ c, Stkte of Florida
a"i:its
Printed Nam
My Commission Expires: 12i�f'C
Commission No.:
10#KMYMON
* * MY COMMISSIM i FF 957318
EXPIRES: February 3, 2020
A,rF.G ode kMW TMu Budge! N*,y Se,.,M
APPENDIX B
PROOF OF PUBLICATION
Temp. Reso. # 13318
September 13, 2019
Page 9 of 11
{00032492.12704-0501640 }
SUN SENTINEL
Published Daily
Fort Lauderdale, Broward County,
Boca Raton, Palm Beach County,
Miami, Miami -Dade County, Floi
STATE OF FLORIDA
COUNTY OF BROWARD/PALM BEACHIMtAMI-D
Before the undersigned authority personally :
Mark Kuznitz who on oath says that he/she
authorized representative of the ,Classified Dei
of the Sun -Sentinel, daily 'newspaper publi
Broward/Palm Beachi iami-Dade County., Flor
the attached copy of advertisement; being, a S
OF PUBLIC HEARJNG in the matter of t'f
TAMARAC - STORMWATER ASSES
NOTICE appeared in the paper on AUGUST
AD ID# 6376983 Affiant further says that the s
Sentinel is a newspaper published ii
BrowrardfPalm Beach/ Miami -Dade County, Floi
that the said newspaper has heretofon
continuously published in said Brown.
Beach/Miami-Dade County, Florida, each day,
entered as second class mutter at the post offici
Lauderdale, in said Broward County, Florida
period of one year next preceding the first public
the attached copy of advertisement; and affia
that he/she has neither paid, nor promised, any
firm or corporation any discount, rebate, comma
refund for the purpose of securing this advert
for publication in said newspaper.
I
Mark Kuznitz, Affia
Sworn to and subscribed before me on AUG 18,
(Signature of Notary Public)
Identification
APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
Temp. Reso. # 13318
September 13, 2019
Page 9 of 11
{00032492.1 2704-0501640 )
Temp. Reso. # 13318
September 13, 2019
Page 9 of 11
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 Assesses 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, 2019.
INVMNFM WHEREOF, I have subscribed this c a fiicate and directed the same to be delivered
to the Broward County Department of Finance and Administrative Services and made part of the
above described Stommwater Management Utility Fee Roll this 13F`day of
2019.
y. ,'/ ;
Title:
[to be derive r ed to Hrawsrd County Department of
I+3 mm and Administrative Services on or before September 151
{00032492.12704-0501640}