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 •:
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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-
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late, have
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ibiting the
of certain
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tf Florida
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amic free-
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is back in
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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.