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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-150Temporary Resolution #11270 -- August 29, 2007 Page 1 of 15 RESOLUTION NO. R2007- (, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA RELATING TO THE CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS; CREATING THE MAIN STREET (PHASE 1) ASSESSMENT AREA; IMPOSING SPECIAL ASSESSMENTS AND ESTABLISHING THE MAXIMUM ANNUAL AMOUNT FOR EACH TAX PARCEL; APPROVING THE ASSESSMENT ROLL; CONFIRMING THE INITIAL. ASSESSMENT RESOLUTION; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the. City of Tamarac, Florida (the "City Commission") enacted Ordinance No. 0-99-12 on June 23, 1999, as amended and supplemented from time to time, as codified in Chapter b, Article III of the City Code (the "Ordinance") to provide for the imposition of special assessments to fund (1) the construction of Local Improvements to benefit real property located in proposed special assessment areas, and (2) the related service costs of maintaining such Local Improvements; and WHEREAS, on August 22, 2007, the City Commission adopted Resolution No. R2007-129 (the "Initial Assessment Resolution"), proposing the creation of the Main Street (Phase I) Assessment Area and describing the method of assessing the Capital Cost of the Capital Improvements (as defined therein) against the real property that will be specially benefited thereby, and directing preparation of the tentative Assessment Roll and the provision of the notices required by the Ordinance; and 1 1 1 Temporary Resolution # 11270 — August 29, 2007 Page 2 of 15 WHEREAS, pursuant to the provisions of the Ordinance, the City Commission is required to confirm or repeal the Initial Assessment Resolution, with such amendments as the City Commission deems appropriate, after hearing comments and receiving objections of all interested parties; and WHEREAS, the Assessment Roll has heretofore been filed at City Hall, as required by the Initial Assessment Resolution; and WHEREAS, as required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each real property owner proposed to be assessed notifying such real property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively; and WHEREAS, a public hearing has been duly held 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 TAMARAC, AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution as defined in the initial Assessment Resolution. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. SECTION 3. CREATION OF THE ASSESSMENT AREA. The Main Street (Phase 1) Assessment Area is hereby created to include the real property within the 1 1 1 Temporary Resolution # 11270 --- August 29, 2007 Page 3 of 15 City described in Appendix A hereto. The Main Street (Phase I) Assessment Area is created for the purpose of enhancing the use and enjoyment of real property located therein by funding the construction of certain Capital Improvements to permit higher density commercial development to occur on such real property. SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution is hereby confirmed. SECTION 5. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, a copy of which is attached hereto as Appendix A, is hereby approved. SECTION 6. ASSESSMENTS. (A) The Tax Parcels described in the Assessment Roll are hereby found to be specially benefited by the construction of the Capital Improvements in the amount of the maximum annual Assessment set forth in the Assessment Roll. The methodology for computing annual Assessments described in the Initial Assessment Resolution is hereby approved. Annual Assessments computed in the manner described in the Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described in the Assessment Roll, Tax Parcels located in the Main Street (Phase 1) Assessment Area shall have a maximum annual Assessment rate of $1.00 per square foot, commencing with the tax bill mailed in October or November 2007. 1'he resulting Initial Prepayment Amount is $6.30 per square foot. (13) Upon adoption of this Resolution and the Annual Assessment Resolution for each subsequent fiscal Year: 1 1 Ll Temporary Resolution # 11270 -- August 29, 2007 Page 4 of 15 (1) The annual Assessments shall constitute a lien against assessed real property 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 the ad valorem tax bill for such year is otherwise paid in full pursuant to the Uniform Assessment Collection Act. Ilie lien shall be deemed perfected upon adoption by the City Commission of the Annual Assessment Resolution and shall attach to the real property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. (2) As to any Tax Parcel that is acquired by a public entity (other than the City) through condemnation, negotiated sale or otherwise prior to the adoption of the next Annual Assessment Resolution, the Assessments shall constitute a lien against assessed real property 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 by the City Commission of the Annual Assessment Resolution and shall attach to the real property included on the Assessment Roll upon adoption of the Annual Assessment Resolution. SECTION 7. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the Assessment Coordinator shall cause Temporary Resolution #11270 — August 29, 2007 Page 5 of 15 the certification and delivery of the Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non -Ad Valorem Assessments in substantially the form attached hereto as Appendix E. SECTION 8. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the method by which the Assessments will be computed, the Assessment Roll, the maximum annual Assessment and the levy and lien of the Assessments) unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action on this Resolution. SECTION 9. PREPAYMENT PERIOD. The owner of each Tax Parcel described in the Assessment Roll shall have the opportunity to make an initial prepayment as described in Section 3.05 of the Initial Assessment Resolution. This information will be provided to each real property owner at the address utilized for the notice provided pursuant to Section 2.05 of the Initial Assessment Resolution, in the form attached hereto as Appendix F. SECTION 10. ASSESSMENT NOTICE. The Assessment Coordinator is hereby directed to record a notice of the Assessments in the Official Records Book in the office of the Broward County Clerk of Courts. Such notice shall be in substantially the form attached as Appendix D hereto. The preliminary Assessment Roll and each annual Temporary Resolution #11270 — August 29, 2007 Page 6 of 15 Assessment Roll shall be retained by the Assessment Coordinator and shall be available for public inspection. SECTION 11. CONFLICTS. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 12. SEVERABILITY. If any clause, section or provision of this Resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. [remainder of page intentionally left blank] E 1 Temporary Resolution #11270 — August 29, 2007 Page 7 of 15 1 1 1 SECTION 13. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 14th day of September, 2007. ATTEST: z M , Z' Marion Swenson, CMC, City Clerk APPROV D AS TO FORM: )FY. Sam el S. Go en, 6itigttoirney CITY OF TAMARAC, FLORIDA 111 WWI 014A WV52"40047MEM/A RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO . DIST 1: V/M PORTNER X,,r "y__ DIST 2: COMM ATKINS-GRAD L DIST 3: COMM. SULTANOF 1 _" DIST 4: COMM. DRESSLER i .:. 1 1 Temporary Resolution #11270 — August 29, 2007 Page 8 of 15 UwW:1► 11K14 1 ASSESSMENT ROLL Tamarac Mainstreet Municipal Service Benefit Unit Initial Annual Owner Name Tax Parcel Parcel Units Prepayment Assessment ACTIVE SENIOR LIVING RESIDENCE 494108030070 83,640 $526,932.00 $83,640.00 B COMMERCIAL INC 494108020180 29,294 $184,552.20 $29,294.00 B COMMERCIAL INC 494108020140 29,294 $184,552.20 $29,294.00 B COMMERCIAL INC 494108020170 29,294 $184,552.20 $29,294.00 B COMMERCIAL INC 494108020190 29,294 $184,552.20 $29,294.00 B COMMERCIAL INC 494108020160 29,294 $184,552.20 $2%294.00 B COMMERICAL INC 494108020150 29,294 $184,552.20 $29,294.00 B COMMERICAL INC 494108020120 29,294 $184,552.20 $29,294.00 B COMMERICAL INC 494108020130 29,294 $184,552.20 $29,294.00 CHEVRON U S A INC 494109040210 59,767 $376,532.10 $59,767.00 CINNAMON TREE PLAZA INC 494108020210 131,881 $830,850.30 $131,881.00 CITY OF TAMARAC CITY OF TAMARAC 494108030120 494108030060 49,863 49,863 $314,136*90 $314,136.90 $49,163*00 $49,863.00 ELIAS PROPERTIES-TAMARAC LLC 494108020010 81,826 $515,503.80 $81,826.00 FIRST EAST SIDE SAVINGS BANK 494108020200 66,439 $418,565.70 $66,439.00 INTERNATIONAL BUDDHIST PROGRESS 494108030130 31,574 $198,916.20 $31,574.00 INTERNATIONAL BUDDHIST PROGRESS 494108030140 25,000 $157,500.00 $25,000.00 LINDSEY,ROSE TRUST 494108020090 29,294 $184,552.20 $29,294.00 M & M SOUTH PROPERTIES LLC 494108020080 57,829 $364,322,70 $57,829.00 SULTAN FAMILY LTD PRTNR 494109070180 65,882 $415,056.60 $65,882.00 T & C REALTY GROUP INC 494108020100 58,142 $366,294.60 $58,142.00 T & C REALTY GROUP INC 494108020110 58,142 $366,294.60 $58,142.00 TAMARAC JEWISH CENTER 494108030200 149,863 $944,136.90 $149,863.00 TAMARAC JEWISH CENTER INC 494108030150 25,000 $157,500.00 $25,000.00 TAMARAC JEWISH CENTER INC 494108030160 25,000 $157,500.00 $25,000.00 TAMARAC MAIN STREET LAND LLC 494108020040 30,822 $194,178.60 $30,822.00 TAMARAC MAIN STREET LAND LLC 494108020030 29,069 $183,134.70 $29,069.00 TAMARAC MAIN STREET LAND LLC 494108020020 271 $1,707.30 $271.00 WEN -NORTH HOLDING INC 494108020061 56,202 $354,072,60 $56,202.00 A- 1 Temporary Resolution #11270 — August 29, 2007 Page 9 of 15 APPENDIX B PROOF OF PUBLICATION n 1 5r M A a O C,1 •C 3 0 0 n. a C 3 I s 0 m w ff 9 7 In a j Q c i 19 CL m S 0 2. I P-�, t 9C. a m. g ate`' � 8 .8. + g m 0r twi 10 ._szr �Lqj + S m -a ID SL A $' .. a 3 S m $,a.. �. g oli _a •� gym: o �. � � � � —�� �- . .....:..... ...... 9 � 3 � O A w c O � CL In Uy a °c : n O. 0 0 M a °• - °' ►c m m r C. m 0 O^ a 1 1 AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF LEON BEFORE ME, the undersigned authority, personally appeared Sandi Melgarejo, who, after being duly sworn, deposes and says: 1. I, Sandi Mclgarejo, Project Coordinator, Government. Services Group, Inc., have been designated by the Assessment Coordinator of the City of Tamarac, Florida, to mail the notices required by Section 2.05 of Resolution No. R2007-129, adopted by the City Commission, on August 22, 2007 (the "Initial Assessment Resolution"). 2. On or before August 25, 2007, 1 mailed, or directed the mailing of, a notice in accordance with Section 2.05 of the Initial Assessment Resolution by first class rnail, to each owner of property within the Main Street (Phase 1) Assessment Area in conformance with the requirements of Ordinance No. 0-99-12, enacted by the City Commission, on June 23, 1999, at the address shown on the real property assessment tax roll maintained by the Broward County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. FURTHER AFFIANT SAYETH NOT. c._ AMIA nt C-1 z �- 1 1 1 STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me by Sandi Melgarejo, who is personally knjjwyioo me or who has produced an oath. as identification and did (did not) take WITNESS, my hand and official seal this i day of �a _, A.U., 2007_ C�mj L All-ns�� Sigilature of person taking acknowledgment CJ�Wz . CY100C 4 Name of acknowledger (printed) My commission expires: ., Karol S. Moore -= Corrxnission tt DD528549 BonoM Expires March 14, 2010 Trod FsM • NywanN,111C !oDlOb7C19 C-2 1 1 City of Tamarac 7525 NW 8eh Avenue Tamarac, FL 33321-2401 FIRST EAST SIDE SAVINGS BANK 11157 EWING AVE CHICAGO IL 60617-6922 CITY OF TAMARAC, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 23, 2007 Sequence #. TMS-1 Tax Parcel #. 494108020200 * * * * * NOTICE TO PROPERTY OWNER * * * * * The City of Tamarac is considering creation of the Main Street (Phase 1) Assessment Area for the construction of certain capital improvements therein to allow higher density of commercial development to occur on your property. The cost of the capital improvements will be funded by assessments against real property within the Assessment Area. The assessment for each parcel of real property is based upon the total square footage contained within the parcel (with certain exclusions) in relation to all property in the Assessment Area. A more specific description of the assessment program is included in the Initial Assessment Resolution adopted by the Commission on August 22, 2007. Copies of the Initial Assessment Resolution and the preliminary Assessment Roll are available for your review at City Hall located at 7525 N.W. 88th Avenue, Tamarac, Florida. Information regarding the assessment for your specific real property, including the number of square feet, is attached to this letter, The City intends to obtain a loan to finance this and other assessment projects. This will permit the cost attributable to your real property to be amortized over a period of twenty (20) years. However, you may choose to prepay your assessment in full ($6.30 per square foot to cover your share of the capital cost) and avoid the additional financing cost. Please do not send payment now. If the assessments are imposed, you will receive a separate notice of the date and place for payment. If you do not choose to prepay during the period described in the next notice, the amount necessary to pay your assessment in full will be increased by your share of the financing cost (loan issuance costs, capitalized interest and reserve account, if any). The City anticipates that financing cost will increase the prepayment amount by approximately 25 percent to $7.90 per square foot. The annual assessment will include your share of the principal, interest, and amounts related to collection of the assessments. The maximum annual assessment is estimated to be $1.00 per square foot. However, the actual annual assessment cannot be determined until the loan is obtained and the assessment may be lower. The City intends to collect approximately $22,900,000 in assessments, inclusive of all administrative and statutory discounts, over the next twenty years for this project. The City intends to include annual assessments on your ad valorem tax bill with the first payment on the bill to be mailed in November 2007. Failure to pay your assessments will cause a tax certificate to be issued against the real property which may result in a loss of title. The City of Tamarac City Commission will hold a public hearing at 9:00 AM, or as soon thereafter as the matter can be heard, on September 14, 2007, at City Hall located at 7525 N.W. 88th Avenue, Tamarac, Florida, for the purpose of receiving comments on the proposed Assessment Area and the assessments, including collection on the ad valorem tax bill. You are invited to attend and participate in the public hearing or to file written objections with the City Clerk anytime prior to the public hearing. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you 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, if you need a special accommodation or an interpreter to participate in this proceeding, please contact the ADA Coordinator at (954) 597-3505 at least seven days prior to the date of the hearing. Questions regarding your assessment and the process for collection may be directed to the City's Assessment Coordinator at (954) 597-3550. CITY OF TAMARAC, FLORIDA ***** SEE REVERSE***** * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * * MAIN STREET (PHASE 1) ASSESSMENT AREA FIRST EAST SIDE SAVINGS BANK Tax Parcel Number 494108020200 Total number of square feet attributed to property: Amount to make full payment before loan: (excludes financing cost): Prepayment amount after loan is obtained*: (includes financing cost): Number of annual payments: Maximum annual payment*: Expected date of first bill: Total amount of annual payments: Expected date of last bill: 66,439 $418,565.70 $624,868.10 20 $66,439.00 November 2007 $1,328,780.00 November 2026 * This amount will be reduced after each annual payment. * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * * *****SEE REVERSE***** Temporary Rcsolution # 11270 — August 29, 2007 Page 12 of 15 APPENDIX D FORM OF ASSESSMENT NOTICE NOTICE OF SPECIAL ASSESSMENTS On September 14, 2007, the City Commission of the City of Tamarac, Florida, adopted Resolution No. R2007- ISC, which imposed special assessments against real property located within the Main Street (Phase 1) Assessment Area, which includes the real property described in Appendix A of Resolution No. R2007-lid, to finance the construction of certain local improvements. Attached as Exhibit A to this notice is a list of the affected tax parcel numbers (as shown on the Broward County ad valorem tax assessment rol I as of the effective date of Resolution No. R2007- 1�0 and the number of square feet attributable to each tax parcel. Annual assessments will be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes, commencing with the ad valorem tax bill to be mailed in October or November 2007, for a period of twenty (20) years. The method of computing the annual assessment for any parcel of real property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number is set forth in Resolution No. R2007-129. The assessment roll, which identify the number of square feet attributable to each parcel of real property are on file at the City of Tamarac, Florida City Hall and are open to public inspection. Resolution No. R2007-15,Gestablishes a maximum annual assessment rate of $1.00 per square foot for all tax parcels. This notice is recorded to provide constructive notice of the annual assessments to purchasers of real property located within the Main Street (Phase 1) Assessment Area, Neither Resolution No. R2007-129, Resolution No. R2007-ISCrior this notice will create a lien upon the real property described above. The City Commission will adopt an annual assessment resolution for each fiscal year. Upon adoption of each annual assessment resolution, assessments shall constitute a lien against assessed real property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. The lien shall be deemed perfected upon adoption of each annual assessment resolution and shall attach to the real property included on the assessment roll as of the prior January 1, the lien date for ad valorem taxes. This notice does not and shall not be construed to require that individual liens or releases be filed in the Official Records. CITY OF TAMARAC, FLORIDA (SEAL) Beth Flansbaurn-Talabisco, Mayor ATTEST: By: Marion Swenson,,CMC, City Clerk APPROVED AS TO FORM: /�/ T Samuef S. Go , Ci ttorney D-1 C Temporary Resolution #1 1270 - August 29, 2007 Page 13 of 15 EXHIBIT A MAIN STREET (PHASE 1) ASSESSMENT AREA The following table includes tax parcel numbers and square feet included within the Main Street (Phase 1) Assessment Area (as shown on the Broward County ad valorem tax assessment roll. as of the effective date of Resolution No. R2007- ). Parccl Number Square Feet 494108030070 83,640 "`_.__......_. 29,294 494108020180 494108020140 29,294 494108020170 29,294 _.... _T 494108020190 w 29,294 494108020160 29,294 494108020150 29,294 494109020120 29,294 494108020130 29,294 59,767 494109040210 494108020210 131,881 494108030120 49,863 494108030060 49,863 494108020010 81,826 494108020200 Y 66439 494108030130 31,574 494108030140 25,000 494108020090 29,294 494108020080 57,829 494109070180 65 $82 58,142 494108020100 494108020110 58,142 -- - 494108030200 149,863 25,000 494108030150 494109030160 25,000 49410$020040� 30,822 494108020030 29,069 _ 494108020020 271 �44410802(ft' l 56,202 1 Temporary Resolution #11270 — August 29, 2007 Page 14 of 15 APPENDIX E FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Mayor of the City of Tamarac, Florida (the "City"); as such I have satisfied myself that all real property included or includable on the non -ad valorem assessment roll for the Main Street (Phase I) Assessment Area (the "Non -Ad Valorem Assessment Roll") for the City is properly assessed so far as 1 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 real 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 Tax Collector by September 15, 20q- IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Broward County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this % y day of CITY OF TAMARAC, FLORIDA =�, / '-we, Ito be delivered to Tax Collector prior to September 151 E-1 Temporary Resolution # 11270 — August 29, 2007 Page 15 of 15 APPENDIX F FORM OF PREPAYMENT NOTICE CITY OF TAMARAC, FLORIDA 7525 N.W. 88th Avenue Tamarac, Florida [insert Date] [Insert property reference information] Dear Property Owner: The City Commission recently established and approved a special assessment area for the construction of certain capital improvements therein to allow higher density of commercial development to occur on your property. This type of financing where the real property owners participate in the cost of the program is used throughout Florida and is consistent with the policy in the City of Tamarac. The assessments will be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes. The assessments will be payable in twenty (20) annual installments, the first of which shall be included on the ad valorem tax bill to be mailed in October or November 2007. Failure to pay the assessments will cause a tax certificate to be issued against the real property which may result in a loss of title. Any assessment may be prepaid in full, if payment is received on or prior to 20— The amount required to prepay the assessment on or prior to 20 includes the tax parcel's share of the cost of the project. Please make checks for prepayment amounts payable to {insert specific payee directions}. Prepayment may be made by mail to {insert mailing directions), or in person at (insert specific payee address). Please be sure to either write the assessment parcel number (shown at the top of this letter) on your check or return this letter with your payment. Assessment records and topics of applicable Ordinances and Resolutions passed by the City Commission are on file at City hall located at 7525 N.W. 88th Avenue, "Tamarac, Florida. CITY OF TAMARAC, FLORIDA F-1