HomeMy WebLinkAbout2022-034 FY 2023 Solid Waste Assessment RESOLUTION NO. 2022-034
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
PARKLAND, FLORIDA, RELATING TO THE COLLECTION
AND DISPOSAL OF SOLID WASTE AND RECYCLABLE
MATERIALS IN THE INCORPORATED AREA OF THE CITY OF
PARKLAND, FLORIDA; DESCRIBING THE METHOD OF
ASSESSING THE SOLID WASTE COST AGAINST
RESIDENTIAL PROPERTY LOCATED WITHIN THE CITY;
DIRECTING THE PREPARATION OF A SOLID WASTE
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING
AND DIRECTING THE PROVISION OF NOTICE THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2010, the City of Parkland implemented a recurring annual solid waste
special assessment program to fund a portion of the City's Solid Waste and Recyclable Materials
management, collection, and disposal services, facilities, and programs with the adoption of
Ordinance No. 2010-14, as it may be amended, (the "Ordinance") and imposed solid waste
assessments for Fiscal Year 2010-2011 with the adoption of Resolution Nos. 2010-61 (the "Initial
Assessment Resolution") and 2010-76 (the "Final Assessment Resolution"); and
WHEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste and
Recyclable Materials management, collection and disposal services, facilities, and programs for
each Fiscal Year is an equitable and efficient method of allocating and apportioning the Solid
Waste Cost among parcels of Residential Property; and
WHEREAS, pursuant to the Ordinance, the reimposition of Solid Waste Service
Assessments for the Fiscal Year commencing October 1, 2022, requires certain processes such as
the preparation of the Assessment Roll; and
WHEREAS, annually a Preliminary Rate Resolution describing the method of assessing
the Solid Waste Cost against Residential Property located within the City,directing the preparation
of an Assessment Roll, authorizing a public hearing and directing the provision of notice thereof
is required by the Ordinance for the reimposition of the Solid Waste Service Assessments; and
WHEREAS, the City Commission deems it to be in the best interest of the citizens and
residents of the City to adopt this Preliminary Rate Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF PARKLAND, FLORIDA AS FOLLOWS:
Section 1. AUTHORITY. This resolution is adopted pursuant to the provisions of the
Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, Article VIII,
section 2, Florida Constitution, the City Charter of the City of Parkland, sections 166.021 and
166.041, Florida Statutes, and other applicable provisions of law.
Section 2. PURPOSE AND DEFINITIONS.
(A) This resolution constitutes the Preliminary Rate Resolution as defined in the
Ordinance which initiates the annual process for updating the Assessment Roll and directs the
reimposition of Solid Waste Service Assessments for the Fiscal Year beginning October 1, 2022;
(B) All capitalized words and terms not otherwise defined herein shall have the
meanings set forth in the Ordinance, the Initial Assessment Resolution, and the Final Assessment
Resolution. Unless the context indicates otherwise,words imparting the singular number,include
the plural number, and vice versa.
Section 3. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND
FAIR APPORTIONMENT.
(A) The legislative determinations of special benefit and fair apportionment embodied
in the Ordinance, the Initial Assessment Resolution, and the Final Assessment Resolution are
affirmed and incorporated herein by reference;
(B) Government Property that is owned by federal government mortgage entities, such
as the VA and HUD, due to foreclosures are not serving a governmental purpose nor providing a
public benefit but are instead being held by these federal government mortgage entities in a
proprietary capacity. Accordingly, these properties shall not be exempted from the Solid Waste
Service Assessment.
Section 4. PROVISION AND FUNDING OF SOLID WASTE SERVICES.
(A) Upon the reimposition of Solid Waste Service Assessments for Solid Waste and
Recyclable Materials management, collection and disposal services, facilities, and programs
against Residential Property located within the City, the City shall cause Solid Waste and
Recyclable Materials management, collection and disposal services, facilities, and programs to be
provided to such Residential Property commencing October 1, 2022. The Solid Waste Cost shall
be paid from proceeds of the Solid Waste Service Assessments;
(B) It is hereby ascertained, determined, and declared that each parcel of Residential
Property will be benefited by the City's provision of Solid Waste and Recyclable Materials
management, collection and disposal services, facilities, and programs commencing October 1,
2022, in an amount not less than the Solid Waste Service Assessment upon such parcel computed
in the manner set forth in the Preliminary Rate Resolution.
Section 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF
ANNUAL SOLID WASTE SERVICE ASSESSMENTS.
(A) The estimated Solid Waste Cost to be assessed and apportioned among benefited
parcels for the Fiscal Year commencing October 1, 2022, is $4,637,457.00. The approval of this
Preliminary Rate Resolution determines the amount of the Solid Waste Cost. The remainder of
such Fiscal Year budget for Solid Waste and Recyclable Materials management, collection and
disposal services, facilities, and programs shall be funded from available City revenue other than
Solid Waste Service Assessments;
(B) For the Fiscal Year commencing October 1, 2022, in which Solid Waste Service
Assessments for Solid Waste and Recyclable Materials management, collection and disposal
services, facilities, and programs are reimposed,the Solid Waste Cost shall be allocated among all
parcels of Residential Property within the City, based upon each parcel's classification as
Residential Property and the number of Dwelling Units for such parcel. A rate of assessment
equal to $417.00 for each Dwelling Unit for Solid Waste and Recyclable Materials management,
collection and disposal services, facilities, and programs is hereby approved for the Fiscal Year
commencing October 1, 2022;
(C) The rate of the Solid Waste Service Assessments established in this Preliminary
Rate Resolution shall be the rate applied by the City Manager in the preparation of the updated
Assessment Roll for the Fiscal Year commencing October 1, 2022, as provided in Section 6 of this
Preliminary Rate Resolution.
Section 6. SOLID WASTE ASSESSMENTS ROLL.
(A) The City Manager is hereby directed to prepare,or cause to be prepared, an updated
Solid Waste Assessment Roll for the Fiscal Year commencing October 1, 2022, in the manner
provided in Section 2.03 of the Ordinance. The Assessment Roll shall include all Residential
Property. The City Manager shall apportion the estimated Solid Waste Cost to be received
through Solid Waste Service Assessments in the manner set forth in this Preliminary Rate
Resolution;
(B) A copy of the Ordinance, the Initial Assessment Resolution, the Final Assessment
Resolution, this Preliminary Rate Resolution, documentation related to the estimated amount of
Solid Waste Cost to be recovered through the imposition of Solid Waste Service Assessments,and
the updated 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 updated Assessment
Roll be in printed form if the amount of the Solid Waste Service Assessment for each parcel of
property can be determined by use of a computer terminal available to the public. Such Solid Waste
Service Assessment for each parcel of Residential Property shall be computed by multiplying the
assessment rate by the number of Dwelling Units on such parcel;
(C) It is hereby ascertained, determined, and declared that the foregoing method of
determining the Solid Waste Service Assessments for Solid Waste and Recyclable Materials
management, collection and disposal services, facilities, and programs is a fair and reasonable
method of apportioning the Solid Waste Cost among parcels of Residential Property.
Section 7. AUTHORIZATION OF PUBLIC HEARING. There is hereby established
a public hearing to be held at 7:00 p.m. on September 12, 2022, in the Commission Chambers of
City Hall, 6600 University Drive, Parkland, Florida, at which time the City Commission will
receive and consider any comments on the Solid Waste Service Assessments from affected
property owners, consider imposing Solid Waste Service Assessments for Solid Waste and
Recyclable Materials management, collection and disposal services, facilities, and programs for
the Fiscal Year beginning October 1, 2022, and authorizing collection pursuant to the Uniform
Assessment Collection Act.
Section 8. NOTICE BY PUBLICATION. The City Manager shall publish a notice of
the public hearing authorized by Section 7 hereof in the manner and time provided in Section 2.04
of the Ordinance. The notice shall be published no later than August 22, 2022, in substantially
the form attached hereto as Appendix A.
Section 9. NOTICE BY MAIL
(A) Pursuant to section 200.069(10)(a), Florida Statutes, and with agreement of the
Property Appraiser, the City Commission elects to combine the notice required by Section 2.05 of
the Ordinance and this Resolution with the truth-in-millage notification required pursuant to
section 200.069, Florida Statutes;
(B) Such mailed notice shall be in the form required by section 200.069(10)(a), Florida
Statutes, and consistent with the Uniform Assessment Collection Act and the Ordinance for the
purpose of reimposing Solid Waste Service Assessments for the Fiscal Year beginning October 1,
2022. Such notices shall be mailed no later than August 22, 2022.
Section 10. METHOD OF COLLECTION. In accordance with Section 3.01 of the
Ordinance, the Solid Waste Service Assessments shall be collected and enforced pursuant to the
Uniform Assessment Collection Act for the Fiscal Year commencing October 1, 2022.
Section 11. APPLICATION OF ASSESSMENT PROCEEDS. The revenue derived
from the City's Solid Waste Service Assessments will be utilized for the provision of Solid Waste
and Recyclable Materials management, collection and disposal services, facilities, and programs,
as reflected by the Solid Waste Cost. In the event there is any fund balance remaining at the end
of the Fiscal Year, such balance shall be carried forward and used only to fund Solid Waste and
Recyclable Materials, management, collection and disposal services, facilities, and programs.
Section 12. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 13th DAY OF JULY, 2022.
CITY OF PARKLAND, FLORIDA
A
CHARD W. WALKER
MAYOR
ATTEST:
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APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
To Be Published by August 22, 2022
NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR
COLLECTION OF SOLID WASTE SERVICE ASSESSMENTS
Notice is hereby given that the City Commission of the City of Parkland, Florida will
conduct a public hearing to consider the continued imposition of solid waste service special
assessments against improved residential properties located within the City to fund the cost of
Solid Waste and Recyclable Materials management, collection and disposal services, facilities,
and programs for the Fiscal Year beginning October 1, 2022, and to authorize collection of such
assessments pursuant to the Uniform Assessment Collection Act.
The hearing will be held at 7:00 p.m. on September 12, 2022, in the Commission
Chambers of City Hall, 6600 University Drive, Parkland, 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 City Clerk's Office at (954)753-5040, at least two (2) days prior to the date of
the hearing.
The assessments will be computed by multiplying the number of dwelling units on each
parcel of residential property by the rate of assessment. The rate of assessment for the
upcoming fiscal year shall be $417.00 per dwelling unit. Copies of the Solid Waste Service
Assessment Ordinance, the Initial Assessment Resolution for Solid Waste Services, the Final
Assessment Resolution for Solid Waste Services, the Preliminary Rate Resolution, and the
updated assessment roll, showing the amount of the assessment to be imposed against each
parcel of property are available for inspection in the office of the City Clerk, City Hall, located at
6600 University Drive, Parkland.
The assessments will be collected on the ad valorem property tax bill which will be
mailed in November 2022, 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 City Manager's Office at(954)753-5040,
Monday through Friday between 8:00 a.m. and 5:00 p.m.
[INSERT MAP OF THE CITY OF PARKLAND]
CITY CLERK
OF PARKLAND, FLORIDA