HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-2051
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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
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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
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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
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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.
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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
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1
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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
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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
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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.
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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
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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
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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
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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
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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
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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]
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