Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-109Temp. Reso. # 13983 September 14, 2023 Page 1 of 12 RESOLUTION NO. R-2023- / QQ A RESOLUTION OF THE CTTY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF TAMARAC, FLORIDA; REIMPOSING FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CTTY OF TAMARAC FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILTTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac, Florida (the "City Commission"), has enacted Ordinance No. 0-96-8 (the "Ordinance"), which authorizes the imposition of Fire Rescue Assessments for fire rescue services, facilities, and programs against Assessed Property located within the City; and WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services, facilities, and programs each fiscal year is an equitable and efficient method of allocating and apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; and WHEREAS, the City Commission desires to re -impose a Fire Rescue Assessment within the City using the procedures provided by the Ordinance, including the tax bill collection method for the Fiscal Year beginning on October 1, 2023; and WHEREAS, the City Commission, on July 12, 2023, adopted Resolution No. R-2023-075 (the "Preliminary Rate Resolution"), containing and referencing a brief and general description of the fire rescue facilities and services to be provided to Assessed Property, describing the method of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment for fire rescue services, facilities, and programs against Assessed Property, estimating a rate of Temp. Reso. # 13983 September 14, 2023 Page 2 of 12 assessment, and directing the updating and preparation of the Assessment Roll, and provision of mailed notice required in Section 2.08(F) of the Ordinance; and WHEREAS, in order to re -impose Fire Rescue Assessments for the Fiscal Year beginning October 1, 2023, the Ordinance requires the City Commission to adopt an Annual Rate Resolution, during its budget adoption process for each Fiscal Year, 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 WHEREAS, notice of a public hearing has been published and mailed as required by the terms of the Ordinance, which provides notice to all interested persons of an opportunity to be heard; an affidavit regarding the mailed notice 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 14, 2023, and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; and WHEREAS, the City Commission has deemed it to be in the best interests of the citizens and residents of the City of Tamarac that Fire Rescue Assessments against Assessed Property located within the City of Tamarac be approved for the Fiscal Year beginning October 1, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. # 13983 September 14, 2023 Page 3 of 12 SECTION 1: RATIFICATION AND CONFIRMATION. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: AUTHORITY. This resolution is adopted pursuant to the provisions of the Ordinance, Resolution No. R-96-160 (the "Initial Assessment Resolution"), Resolution No. R-96- 175 (the "Final Assessment Resolution"), the Preliminary Rate Resolution, Article VIII, Section 2, Florida Constitution; sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. SECTION 3: DEFINITIONS AND INTERPRETATION. This resolution constitutes the Annual Rate Resolution as defined in the Ordinance. All capitalized terms in this resolution shall have the meanings defined in the Ordinance, the Initial Resolution, the Final Resolution, Resolution No. 2008-107, Resolution No. R-2010-95, and the Preliminary Rate Resolution. SECTION 4: REIMPOSITION OF FIRE RESCUE ASSESSMENTS. (A) The parcels of Assessed Property described in the Assessment Roll, as updated, which is hereby approved, are hereby found to be specially benefited by the provision of the fire rescue services, facilities, and programs described or referenced in the Preliminary Rate Resolution, in the amount of the Fire Rescue Assessment set forth in the updated 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 specially benefited by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment for such parcel, computed in the manner set forth in the Preliminary Rate Resolution. Adoption of this Annual Rate Resolution constitutes a legislative determination that all parcels assessed derive Temp. Reso. # 13983 September 14, 2023 Page 4 of 12 a special benefit in a manner consistent with the legislative declarations, determinations and findings as set forth in the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, and the Preliminary Rate Resolution, from the fire rescue services, facilities, or programs to be provided and a legislative determination that the Fire Rescue Assessments are fairly and reasonably apportioned among the properties that receive the special benefit as set forth in the Preliminary Rate Resolution. (B) The method for computing Fire Rescue Assessments described and referenced in the Preliminary Rate Resolution is hereby approved. The Parcel Apportionment methodology described and adopted in Section 7 of the Preliminary Rate Resolution is hereby approved. (C) For the Fiscal Year beginning October 1, 2023, the estimated Fire Rescue Assessed Cost to be assessed is $16,824,210. The Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 2022, are hereby established as follows: Residential Property Use Categories Dwelling Units Residential $420 Non -Residential Property Use Categories Building Classifications insquare foot ran es Commercial Industrial/ Warehouse Institutional 51,999 $614 $205 $1,023 2,000 - 3,499 $1,228 $409 $2,046 3,500 - 4,999 $2,148 $716 $3,580 5,000 - 9,999 $3,068 $1,023 $5,114 10,000 - 19,999 $6,136 $2,045 $10,228 20,000 - 29,999 $12,271 $4,090 $20,456 30,000 - 39,999 $18,406 $6,134 $30,684 40,000 - 49,999 $24,541 $8,179 $40,912 > 50,000 $30,677 $10,223 $51,140 Temp. Reso. # 13983 September 14, 2023 Page 5 of 12 (D) The above rates of assessment are hereby approved. Fire Rescue Assessments for fire rescue services, facilities, and programs in the amounts set forth in the updated Assessment Roll, as herein approved, are hereby levied and re -imposed on all parcels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2023. (E) Annexed Parcels, as defined through incorporation of definitions into the Preliminary Assessment Resolution, shall be exempt from the Fire Rescue Assessment to the extent required by the Local Bill, and their Fire Rescue Assessment as determined through the methodology described herein shall be calculated to comply with the exemption requirements of the Local Bill for such Annexed Parcels. (G) No Fire Rescue Assessment shall be imposed upon a parcel of Government Property or upon a Building located on a parcel of Institutional Property whose Building use is wholly exempt from ad valorem taxation under Florida law. Any shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment of the Fire Rescue 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 Fire Rescue Assessments. (H) The Fire Rescue Assessed Costs are solely for the provision of fire protection and first response services. All Emergency Medical Services (EMS) Costs and EMS calls have been excluded, which is consistent with the decision in City of North Lauderdale v. SMM Properties, Inc., 825 So.2d 343 (Fla. 2002). As a result, no EMS is funded with proceeds of the Fire Rescue Assessment. (I) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments are also levied and imposed against all property for which a Certificate of Occupancy is issued Temp. Reso. # 13983 September 14, 2023 Page 6 of 12 after adoption of this Annual Rate Resolution based upon the rates of assessment approved herein. (J) Fire Rescue Assessments shall constitute a lien upon the Assessed 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. (K) 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. The 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 5: CONFIRMATION OF PRELIMINARY RATE RESOLUTION. The Preliminary Rate Resolution, as may be amended herein, is hereby confirmed. SECTION 6: EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Annual Rate 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 Fire Rescue 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 7: CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: 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 Temp. Reso. # 13983 September 14, 2023 Page 7 of 12 validity of the other provisions of this resolution. SECTION 9: EFFECTIVE DATE. This Annual Rate Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 14th DAY OF SEPTEMBER 2023. CITY OF TAMARAC FLORIDA MICR LLE J. GO EZ, MAJIOR ATTEST: KIMBERLY D ,, C CITY CLE$t�j 0 .7q� � GA .. • ' ` • ' ' • .�.�'�RECORD OF COMMISSION VOTE: E,^, r`P,c cr MAYOR GOMEZ �4iaEJ : c 0 .• 196• Q : DIST 1: V/lVI BOLTON tL .• ��_ •: Q DIST 2: COMM WRIGHT JR. DIST 3: COMM. VILLALOBOS ��'•��O • • .. . • •'���Q�, DIST 4: COMM. DANIEL APPROVE T ORM AND LEGAL SUFFICIENCY FOR THE V9Q ANCE OF THIS CITY OF TAMARAC ONLY. OTTINOT ATTORNEY Temp. Reso. # 13983 September 14, 2023 Page 8 of 12 APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS Temp. Reso. # 13983 September 14, 2023 Page 9 of 12 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Levent Sucuoglu, who, after being duly sworn, deposes and says: 1. I, Levent Sucuoglu, 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 Fire Rescue Assessment Ordinance in conformance with the Preliminary Rate Resolution adopted by the City Commission on July 12, 2023 (the "Preliminary Rate Resolution"). The Preliminary Rate 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 Fire Rescue 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 w 'ch may result in a loss of title; a statement that all affected property owners have a right to appear qi1the hearing and to file written objections with the local governing board within 20 days of the not' e; and the da , tim , and place of the hearing. FURTHER AFFIANT SAYETH NOT. _ 1 � 1 STATE OF FLORIDA COUNTY OF BROWARD The fore oing Affidavit of Mailing was sworn to and subscribed before me this Iday of f , 2023 by Levent Sucuoglu, City Manager, and City of Tamarac, Florida. He is personally known to me or has produced as identification and did take an oath. Printed Name: 40a 6 Notary Public, State of Florida YP�BIi MONICA BARROS My Commission Expires: !Q ar Commission # HH 166752 Commission No.: d of Expires October 5, 2026 t/ �> fto4\ Bq�71wBudget Notary Serv" Temp. Reso. # 13983 September 14, 2023 Page 10 of 12 APPENDIX B PROOF OF PUBLICATION Temp. Reso. # 13983 September 14, 2023 Page 11 of 12 APPENDIX C FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL Temp. Reso. # 13983 September 14, 2023 Page 12 of 12 CERTIFICATE TO NON AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Mayor of the City of Tamarac, 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 fire rescue 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, 2023. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Broward County Department of Finance and Administr4tive Services and made part of the above described Non -Ad Valorem Assessment Roll this We day of , 2023. ,`OF+TAtA4.1 CJ EgTABt_�SHED •: •• 1 g63 1Z gEAL O CITY OF TAMARAC, FLORIDA Title: a! C O U [to be delivered to Broward County Department of Finance and Administrative Services on or before September 151 SUN -SENTINEL Sold To: City of Tamarac - CU00120507 7525 NW 88th Ave Tamarac,FL 33321-2427 Bill To: City of Tamarac - CU00120507 7525 NW 88th Ave Tamarac,FL 33321-2427 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami -Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of I I745-Other Legal Notices, Was published in said newspaper by print in the issues of, or by publication on the newspaper's website, if authorized on Aug 16, 2023 Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. C7"'. MITN Signature of Affiant Sworn to and subscribed before me this: August 16, 2023. — aam_ 1?�11- � Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification Affidavit Delivery Method: E-Mail and U.S. Mail Affidavit Email Address: Monica.Barros@tmarac.org,Kimberly.Dillon@tamarac.org 7455787 e lawmak- itrol the late, have ate policy ibiting the of certain a series of ie past few tf Florida y in efforts amic free- -tion in its ck eye. Ad doctors ie couch — ,according less. is back in :h leg pain s showed s, the ER I the case e to a state , at the time a part of the law (SB 266) that sets strict prohibitions on instruction of certain topics in "general educa- tion core courses" at state colleges and universities. The law, in part, requires that such courses "may not distort significant histori- cal events," include curric- ulum that teaches "identity politics," or violate a state law that restricts the way a child protection investiga- tor for the Sheriff's Office, showed up to the hospi- tal that night and took less than an hour to conduct her investigation, Grosz told the jury. ,'At 11:12 p.m. she talks to mom," he said. "At 11:36 p.m. she clears this child to go home with Keshia Walsh. On Oct. 24, Maken- zie is brought into Broward General with catastrophic injuries. In 11 days, Toniele Henry never once communicates with (the father or grand- v1 on the chopping block. Classes such as "Queer History: Sexuality in the 20th Century United States," "Queer Studies," "Race, Gender and Sexual- ity," "Sociology of Gender and the Body," and "Topics in Feminist Philosophy," would likely "be prohibited outright, or at risk of being chilled" by the law, the plaintiffs' attorneys argued. mother). Not once in 11 days do they make an effort to find the father." Henry did not even bother to write her report on Makenzie until Nov.18, three weeks after the baby was taken off life support, Grosz said, pointing to a document on the screen. "An innocent six -month - old girl can never be replaced," he told jurors. "The bond between a father and daughter can never be replaced. And the pain doesn't go away. That comes with a heavy, heavy OF HEARING TO IMPOSE AND PROVIDE OLLECTION OF STORMWATER UTILITY MANAGEMENT FEES by given that the City Commission of the City of Tamarac, Florida ("City"), will hearing to consider imposing Stormwater Utility Management Fees for the fining October 1, 2023 within the City of Tamarac. AMARAC THE CITY OF TAMARAC WAV 10. N Sr Nill be held at 5:05 p.m. on September 14, 2023, in the City Commission marac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, for 'eceiving public comment on the proposed Stormwater Utility Management d property owners have a right to appear at the hearing and to file written the City Commission within 20 days of this notice. If a person decides to Sion made by the City Commission with respect to any matter considered at h person will need a record of the proceedings and may need to ensure that 'd is made, including the testimony and evidence upon which the appeal is to ordance with the Americans with Disabilities Act, persons needing a special or an interpreter to participate in this proceeding should contact the City 1QFA1 FQ7-gvOv of ia�ct AR tim ire Y) `icive\ nrinr to tho auto of tho haaarinn With Corcoran at the helm, the New College trustees also eliminated an on -campus office that handled issues related to diversity, equity and inclu- sion. The lawsuit filed Monday also pointed to other programs and course offerings that plaintiffs said would be jeopardized by the law. price:' That price, Grosz argued, should be $15 million. Michael Piper, an attor- ney for the Sheriff's Office, argued Makenzie's father should share 40% of the blame. In a deposition, he said he was worried for his baby girl's safety. After the alleged fall off the couch, Mackenzie's father said he was suspicious. "But no hotline is called," Piper told the jury. The Sheriff's Office only got word about possible (areas yof�concentration) or majors directly affects the rights of current and future faculty and students, including the plain- tiffs bringing this action. Faculty and students at colleges and universities throughout Florida face the same censorship and the same injury to their rights of free speech and academic inquiry," the child abuse on Oct.13, Piper said. "BSO is called to the hospital late in the evening," he said. "On Oct. 24, she is brain dead. There's an 11-day period where BSO is involved. There are others who could have prevented this death and there are others who could have taken action before BSO got involved. Everyone has to answer for their wrongdo- ing, including Christopher Nevarez:' Piper argued the Sheriff's Office should share 20% of Y.. I..,.,. tenure. That lav a part of t away wit] universit, disputes. including professor] gas, argue violates ( gaining rig stitutional existing ur the blame cians shoul the father mother 5% 10%. Piper di jurors a spe damages, 1 $15 million unreasonal Said Pipe does not si of millions Susannahl be reached sunsentinei Twitter @: NOTICE OF HEARING TO REIMPOSE, PROVIDE FOR COLLECTION OF FIRE RI SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Tamarac will conduct consider reimposing fire rescue special assessments for the provision of fire rescue servic Tamarac for the Fiscal Year beginning October 1, 2023. THE CITY OF TAMARAC COMMEROAL akw T�AMA�RAC ON The hearing will be held at 5:05 p.m. on September 14, 2023, in the Commission Chamt Hall, 7525 Northwest 88th Avenue, Tamarac, Florida 33321, for the purpose of receiving the proposed assessments. All affected property owners have a right to appear at the hearir objections with the City Commission within 20 days of this notice. If a person decides to , made by the City Commission with respect to any matter considered at the hearing, such record of the proceedings and may need to ensure that a verbatim record is made, includin evidence upon which the appeal is to be made. In accordance with the Americans with Disa needing a special accommodation or an interpreter to participate in this proceeding shoe Clerk's office at (954) 597-3505 at least 48 hours (2 days) prior to the date of the hearing The assessment for each parcel of property will be based upon each parcel's cla total number of billing units attributed to that parcel. The following table reflects the pi assessment schedule.