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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-2051 1 Temp. Reso. #10187 —August 14, 2003 CITY OF TAMARAC, FLORIDA FIRE RESCUE ASSESSMENT ANNUAL RATE RESOLUTION FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 ADOPTED SEPTEMBER 4, 2003 Temp. Reso. #10187 — August 14, 2003 TABLE OF CONTENTS Page SECTION 1: RATIFICATION AND CONFIRMATION...........................................3 SECTION2: AUTHORITY....................................................................................3 SECTION 3: DEFINITIONS AND INTERPRETATION.......................................4 SECTION 4: REIMPOSITION OF FIRE RESCUE ASSESSMENTS ....................4 SECTION 5: CONFIRMATION OF PRELIMINARY RATE RESOLUTION ........... 7 SECTION 6: EFFECT OF ADOPTION OF RESOLUTION...................................7 SECTION 7: CONFLICTS....................................................................................7 SECTION 8: SEVERABILITY...............................................................................8 SECTION 9: EFFECTIVE DATE..........................................................................8 APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS.......................................................... A-1 APPENDIX B: PROOF OF PUBLICATION......................................................... B-1 APPENDIX C: FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL ............................................... C-1 1 Temp. Reso. #10187 —August 14, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R2003-OS A RESOLUTION OF THE CITY 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 CITY OF TAMARAC FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission 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 reimpose 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, 2003; and WHEREAS, the City Commission, on July 9, 2003, adopted Resolution No. R2003-167 (the "Preliminary Rate Resolution"), containing and referencing a brief and 1 Temp. Reso. #10187 —August 14, 2003 Page 2 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 assessment, and directing the updating and preparation of the Assessment Roll, provision of published notice required by the Ordinance and mailed notice if circumstances described in Section 2.08(F) of the Ordinance so require; and WHEREAS, in order to reimpose Fire Rescue Assessments for the Fiscal Year beginning October 1, 2003, 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 form of notice mailed being attached hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and K Temp. Reso. #10187 — August 14, 2003 Page 3 WHEREAS, a public hearing was held on September 4, 2003, 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, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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 Ordinance No. 0-96-8, (the "Ordinance"), Resolution No. R-96-160 (the "Initial Assessment Resolution"), Resolution No. R-96-175 (the "Final Assessment Resolution"), Resolution No. R2003-167 (the "Preliminary Rate Resolution"), Article Vill, 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 Assessment Resolution, the Final Assessment Resolution, and the Preliminary Rate Resolution. 3 Temp. Reso. #10187 —August 14, 2003 Page 4 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 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 n 4 1 1 1 Temp. Reso. #10187 - August 14, 2003 Page 5 Apportionment methodology described in Appendix B of the Preliminary Rate Resolution and adopted in Section 7 of the Preliminary Rate Resolution is hereby approved. (C) For the Fiscal Year beginning October 1, 2003, the estimated Fire Rescue Assessed Cost to be assessed is $5,410,488.00. 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, 2003, are hereby established as follows: RESIDENTIAL PROPERTY USE CATEGORIES Residential Rate Per Dwelling Unit $ 113 NON-RESIDENTIAL PROPERTY USE CATEGORIES Building Classification (in square foot ranges) Commercial Industrial/ Warehouse Institutional Nursing Home 1,999 $ 523 $ 252 $ 2,438 $ 267 2,000 - 3,499 $ 1,045 $ 503 $ 4,876 $ 534 3,500 - 4,999 $ 1,828 $ 880 $ 8,533 $ 934 5,000 - 9,999 $ 2,611 $ 1,258 $ 12,190 $ 1,334 10,000 - 19,999 $ 5,222 $ 2,515 $ 24,379 $ 2,668 20,000 - 29,999 $ 10,443 $ 5,029 $ 48,758 $ 5,336 30,000 - 39,999 $ 15,664 $ 7,543 $ 73,137 $ 8,003 40,000 - 49,999 $ 20,885 $ 10,057 $ 97,515 $ 10,671 a 50,000 1 $ 26,1061 $ 12,571 $ 121,8941 L 13,339 (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 reimposed on all 5 Temp. Reso. #10187 — August 14, 2003 Page 6 parcels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2003. (E) No Fire Rescue Assessment shall be imposed upon a parcel of Institutional Property whose 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. (F) 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 after adoption of this Annual Rate Resolution based upon the rates of assessment approved herein. (G) 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. (H) 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 6 11 Temp. Reso. #10187 --- August 14, 2003 Page 7 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 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 effecting the validity of the other provisions of this resolution. 7 Temp. Reso. #10187 — August 14, 2003 Page 8 SECTION 9: EFFECTIVE DATE. This Annual Rate Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 4th day of September, 2003. i Joe Schreiber, Mayor ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KF CITY ATTORN RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: COMM. PORTNER AYE DIST 2: COMM. FLANSBAUM-TALABISCO AYE DIST 3: COMM. SULTANOF AYE DIST 4: V/M ROBERTS AYE 1 r- APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS Temp. Reso.#10187- August 14, 2003 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Jeffrey L. Miller, Camille P. Tharpe, and Kevin Butler, who, after being duly sworn, depose and say: 1. Jeffrey L. Miller, as City Manager of the City of Tamarac, Florida ("City"), pursuant to Resolution No. R2001-47 dated March 14, 2001 between Government Services Group, Inc. ("GSG") and the City, and 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 Fire Rescue Assessment Ordinance adopted by the City Commission on June 26, 1996 (the "Assessment Ordinance") and in conformance with the Preliminary Rate Resolution adopted by the City Commission on July 9, 2003 (the "Preliminary Rate Resolution"). 2. Camille P. Tharpe, is Vice President of GSG. GSG has caused the notices required by the Assessment Ordinance to be prepared in conformance with the Preliminary Rate Resolution. An exemplary form of such notice is attached hereto. GSG has caused such individual notices for each affected property owner to be prepared and each notice included the following information: 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 A-1 Temp. Reso.#10187- August 14, 2003 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. 3. On or before August 14, 2003, GSG delivered and directed the mailing of the above -referenced notices by Mail Master of Tallahassee, Inc. ("Mail Master"), in accordance with the Assessment Ordinance and the Preliminary Rate Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Broward County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Notices to property owners receiving multiple individual notices were mailed, or caused to be mailed by GSG on or before August 14, 2003. 4, Kevin Butler is President of Mail Master. As directed above, Mail Master, mailed or caused to be mailed on or before August 14, 2003, the above -referenced notices delivered to Mail Master by GSG. FURTHER AFFIANTS SAYETH NOT. ieffr4k. Wer, affiant mevm buuer, amani A-2 Temp. Reso.#10187- August 14, 2003 STATE OF FLORIDA COUNTY OF BROWARD The fore oin Affidavit of Mailing was sworn to and subscribed before me this day of , 2003 by Jeffrey L. Miller, City Manager, City of Tamarac, Florida. He is personally known to me n and did ,v�T take an oath- :!YNE A. WHITE Staie Of Florida • ...�, + pptiaoa5 ataxy Alan. STATE OF FLORIDA COUNTY OF LEON Printe Name: ,S Ac A. r.A / Notary Public, State of Florida At Large My Commission Expires: Commission No.: D i I o '' The for oing qAffiavit of Mailing was sworn to and subscribed before me this 1J-"day of ; 2003 by Camille P. Tharpe, Vice President, Government Services Group, Inclorida corporation. She is er nail known to me or has produced as identification and did take an oath. ;fin,fl'h = TAMMARAL.BEARY A. MY COMMISSION # DD 174132 EXPIRES: December 26, 2006 Bonded Thru Notary Public underwflhn STATE OF FLORIDA COUNTY OF LEON rinted Name:` c, Notary Public, State of Finr',rN At Large My Commission Expires: Commission No.: The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of , 2003 by Kevin Butler, President, Mail Master of Tallahassee, Inc., a FI ida corporation. He is personal!y known to me or has produced as identification and did take an oath. m IM til'a 6LA R jL A Printed Name: Notary Public, State of Florid • iY i"'% TAMMARA L. BEARY At Large 3Q `' MY COMMISSION#DD174132 My Commission Expires: EXPIRES•Demmber26,2006 Commission No.: *r` Baded Thru Nowt NOW underwriters A-3 Temp. Reso.#10187- August 14, 2003 APPENDIX B PROOF OF PUBLICATION Temp. Reso 10187 - August 14, 2003 SUN -SENTINEL Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida STATE OF FLORIDA COUNTY -OF BROWARD,/PALM BEACH e,, he undersi d authority personally appeared who on oath says that he is ' ',]n2<• off f W- ? l<7 of the Sun -Sentinel, aily newspaper published in s Brow /palmCounty, Florida, that the a ached copy of advertisement, being, a . C�Jt",t J in the ter of .. �sF; /)zc ,max in the v � Court was published in said newspaper in the issues ofF,c:d �' Affiant further says that the said Sun -Sentinel is a newspaper published in Said Broward/Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Broward/Palm Beach County, Florida, each day, and have been entered as second class matter at the post office in Fort Lauderdale, in said Broward County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing, this advertisement for publica n in a no per. {Si Lure o�� fiant),✓ Sworn to and aubsaribed before me this �� ay of �C [e•i' , 20 �) (Signature of Notary Publiar� Tarn L Beiak (Name of Notary typed, printed or stamped) S ' '•' July 20, 2005 Personally known r'� or Produced' fidUt&O u rpnr rni B-1 Temp. Reso.#10187- August 14, 2003 APPENDIX C FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL Temp. Reso.#10187- August 14, 2003 CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL HEREBY CERTIFY that, I am the Mayor of the City Commission, or authorized agent of the City of Tamarac, Florida (the "City"); 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, 2003. 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 ano made part of the above described Non -Ad Valorem Assessment Roll this day of 2003. CITY OF TAMARAC, FLORIDA By: M yor [to be delivered to Broward County Department of Finance and Administrative Services prior to September 15] C-1