Loading...
HomeMy WebLinkAbout2022-049 FY 2023 Solid Waste Assessment RESOLUTION NO. 2022-049 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; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF PARKLAND, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; CONFIRMING THE PRELIMINARY RATE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Parkland, Florida (the "City"), has enacted Ordinance No. 2010-14 (the "Ordinance"), which authorizes the imposition of annual Solid Waste Service Assessments for Solid Waste and Recyclable Materials management, collection and disposal services, facilities, and programs against certain Residential Property within the City; 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 Solid Waste Cost among parcels of Residential Property; WHEREAS, the City Commission desires to reimpose an assessment program for Solid Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs within the City using the tax bill collection method for the Fiscal Year beginning on October 1, 2022; WHEREAS, the City Commission, on July 13, 2022, adopted Resolution No. 2022-034 (the "Preliminary Rate Resolution"), containing a brief and general description of the Solid Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs to be provided to Residential Property, describing the method of apportioning the Solid Waste Cost to compute the Solid Waste Service Assessment for Solid Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs against Residential Property, designating a rate of assessment, and directing preparation of the Solid Waste Assessment Roll and provision of the notice required by the Ordinance; WHEREAS, pursuant to the provisions of the Ordinance, the City is required to confirm or repeal the Preliminary Rate Resolution, with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties; 1 WHEREAS, the Solid Waste Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; WHEREAS, notice of a public hearing on September 12, 2022, has been published and, if required by the terms of the Ordinance, mailed to each Owner of Residential Property proposed to be assessed notifying such Owners of their opportunity to be heard, an affidavit regarding the form of notice mailed to each Owner of Residential Property being attached hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and WHEREAS, a public hearing was held on September 12, 2022, and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance. 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 Ordinance; Resolution No. 2010-61 (the "Initial Assessment Resolution"); Resolution No. 2010-76 (the "Final Assessment Resolution"); Resolution No. 2022-034 (the "Preliminary Rate Resolution"); Article VIII, Section 2, Florida Constitution; the Charter of the City of Parkland; sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law. Section 2. DEFINITIONS AND INTERPRETATION. (A) This resolution constitutes the Annual Rate Resolution as defined in the Ordinance. (B) All capitalized terms in this resolution shall have the meanings defined in the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, and the Preliminary Rate Resolution. Section 3. IMPOSITION OF SOLID WASTE SERVICE ASSESSMENTS. (A) The parcels of Residential Property included in the Solid Waste Assessment Roll, which is hereby approved, are hereby found to be specially benefited by the provision of Solid Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs described in the Preliminary Rate Resolution, in the amount of the Solid Waste Service Assessment set forth in the Solid Waste Assessment Roll, a copy of which was present at the above referenced public hearing and is incorporated herein by reference. Additionally, the Solid Waste Assessment Roll, as approved, includes those Tax Parcels of Residential Property that cannot be set forth in that Solid Waste Assessment Roll due to the provisions of Section 119.071(4), Florida Statutes, concerning exempt"home addresses." (B) It is hereby ascertained, determined and declared that each parcel of Residential Property within the City will be benefited by the City's provision of Solid Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs in an amount not less than the Solid Waste Service Assessment for such parcel, computed in the manner set forth in this Annual Rate Resolution. (C) Adoption of this Annual Rate Resolution constitutes a legislative determination that all parcels assessed derive a special benefit, as set forth in the Ordinance, the Initial 2 Assessment Resolution, the Final Assessment Resolution, and the Preliminary Rate Resolution from the Solid Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs to be provided and a legislative determination that the Solid Waste Service Assessments are fairly and reasonably apportioned among the Residential Properties that receive the special benefit as set forth in the Preliminary Rate Resolution. (D) The method for computing Solid Waste Service Assessments described in the Preliminary Rate Resolution is hereby approved. (E) For the Fiscal Year beginning October 1, 2022, the Solid Waste Cost of $4,637,457.00 shall be allocated among all parcels of Residential Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. An annual 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. Solid Waste Service Assessments for Solid Waste and Recyclable Materials management, collection, and disposal services, facilities and programs in the amounts set forth in the Solid Waste Assessment Roll are hereby levied and imposed on all parcels of Residential Property included in the Solid Waste Assessment Roll. (F) Any shortfall in the expected Solid Waste Service Assessment proceeds due to any reduction or exemption from payment of the Solid Waste Service Assessments 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 Solid Waste Service Assessments. 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 Solid Waste Service Assessment imposed for this Fiscal Year, the sole and exclusive remedy shall be the imposition of a Solid Waste Service Assessment upon each affected Tax Parcel in the amount of the Solid Waste Service Assessment that would have been otherwise imposed save for such reduction or exemption afforded to such Tax Parcel by the City Commission. (G) As authorized in Section 2.13 of the Ordinance, interim Solid Waste Service Assessments are also levied and imposed against all Residential Property for which a Building Permit is issued after adoption of this Annual Rate Resolution based upon the rates of assessment approved herein. (H) Solid Waste Service Assessments shall constitute a lien upon the Residential Property so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption of this Annual Rate Resolution and shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. (I) The Solid Waste 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. 3 (J) The Solid Waste Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C. Section 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION. The Preliminary Rate Resolution is hereby confirmed. Section 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Annual Rate Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the method of apportionment, the rate of assessment, the Solid Waste Assessment Roll and the levy and lien of the Solid Waste Service Assessments) unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Annual Rate Resolution. Section 6. EFFECTIVE DATE. This resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 12th DAY OF SEPTEMBER, 2022. CITY OF PARKLAND, FLORIDA -1/2A.)/4r RICHARD W. WALKER MAYOR ATTEST: A Y ON MORALES, MMC CIT CLERK Record of the voteriq Mayor Walker qc5 � Qr Vice Mayor Cutler4cy_ Commissioner Brier �s t ►SEAL ,� Commissioner Isrow y�S I. O� Commissioner Mayersohn yesQ, cUuntl 4 CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Mayor of Parkland, Florida, or the authorized agent of Parkland, Florida (the "City"); as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for solid waste 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, 2022. 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 part of the above described Non-Ad Valorem Assessment Roll this / 1 ' day of Sep tri.‘e r' , 2022. CITY OF PARKLAND, FLORIDA By: 4--7s1/—)/-1 Mayor [to be delivered to Broward County Department of Finance and Administrative Services prior to September 15] C-1 APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Nancy Morando, who, after being duly sworn, deposes and says: 1. Nancy Morando, as City Manager of the City of Parkland, Florida ("City"), pursuant to the authority and direction received from the City Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with the Solid Waste Service Assessment Ordinance No. 2010-14 (the "Assessment Ordinance") in conformance with the Preliminary Rate Resolution No. 2022-034 (the "Preliminary Rate Resolution"). 2. In accordance with the Assessment Ordinance, Ms. Morando timely provided all necessary information for notification of the Solid Waste Service Assessment 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. A-1 FURTHER AFFIANT SAYETH NOT. Nancy ora o, of ant STATE OF FLORIDA COUNTY OF BROWARD The foregoing Affidavit of Mailing was sworn to before me, by means ofVphysical presence or El online notarization, this 10' day of SCple mkr , 2022 by Nancy Morando, City Manager, City of Parkland, Florida. She is personally known to me or has produced as identification and did take an oath. fjbloefl MenA(2'2 rK, ALYSON GAYLE 110RALES Commission Printed Name: '�� r Expires November 19,2024 Notary Public, State of Florida 'Fo,�ol� sondsd Thu ewprt Notary Salto My Commission Expires: Commission No.: A-2 APPENDIX B PROOF OF PUBLICATION APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL