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HomeMy WebLinkAboutCity of Tamarac Resolution (220)Temp. Reso. #9864 August 6, 2002 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-220 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR DEFINITIONS; APPROVING AN ASSESSMENT ROLL FOR THE NORTH SECTION 7 ASSESSMENT AREA, ESTABLISHING THE LIEN ASSOCIATED THEREWITH; DIRECTING THAT THE ASSESSMENT ROLLS BE CERTIFIED TO THE BROWARD COUNTY TAX COLLECTOR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission (the "Commission") of the City of Tamarac, Florida, as codified in Chapter 6, Article 3, Section 6-56 through 6-90 of the Tamarac City Code Ordinance No. 0-99-12 (a copy of which is attached hereto as "Exhibit A") provides for the creation of assessment areas and authorizes the imposition of special assessments to fund the construction of local improvements to serve the property located therein; and WHEREAS, on July 14, 1999, the Commission adopted Resolution No. R99-189 (the "Initial Assessment Resolution"), (a copy of which is attached hereto as "Exhibit B") proposing the creation of the North Section 7 Assessment Area and describing the method of assessing the cost of Hiatus Water Facilities and the Hiatus Wastewater Facilities (as defined therein) against the real property that will be specially benefited thereby, and directing preparation of the tentative Assessment Roll and provision of the notices required by the Ordinance; and 1 Temp. Reso. #9864 August 6, 2002 2 WHEREAS, on September 22, 1999, the Commission adopted Resolution No. R99-251 (a copy of which is attached hereto as "Exhibit C"), creating and imposing special assessments in the North Section 7 Assessment Area as amended on November 24, 1999 by Resolution No. R99-312 (collectively, the "Final Assessment Resolution"), (a copy of which is attached hereto as "Exhibit D"); and WHEREAS, the Final Assessment Resolution provides that the first year assessment will be collected by a special bill mailed directly to each property owner and the assessments for the remaining years, along with any delinquent amounts from the first year will be collected on the ad valorem tax bill; and WHEREAS, the Commission adopted Resolution No. R99-353 on December 22, 1999 (the "Uniform Method Resolution"), after conducting a duly advertised public hearing for the use of the uniform method for collecting the special assessments in the North Section 7 Assessment Area; and WHEREAS, the City Manager directed the mailing of notices, pursuant to the Final Assessment Resolution, to those properties which were delinquent in the payment of their first year special assessment reminding them of the Commissions' intent to place remaining special assessments and first year delinquencies on the ad valorem tax bill and informing them of the time, date and place of the Commission meeting where the adoption of the assessment roll was to take place; and WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to adopt an "Annual Assessment Resolution" during its budget process for each fiscal year to approve the assessment roll for such fiscal year; and 1 1 1 1 Temp. Reso. #9864 August 6, 2002 3 WHEREAS, the Director of Utilities recommends the City Commission approve an assessment roll for the North Section 7 Assessment Area (a copy of which is attached hereto as "Exhibit E"), including delinquency amounts, establish the lien associated therewith, and direct that the assessment rolls be certified to the Broward County Tax Collector; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it in the best interest of the citizens and residents of the City of Tamarac to approve an assessment roll for the North Section 7 Assessment Area, including delinquency amounts, establish the lien associated therewith, and direct that the assessment rolls be certified to the Broward County Tax Collector. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: 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 Ordinance, Chapter 166, Florida Statutes, the Initial Assessment Resolution, the Final Assessment Resolution, the Uniform Method Resolution and other applicable provisions of law. SECTION 3: DEFINITIONS. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution and the Uniform Method Resolution. Temp. Reso. #9864 August 6, 2002 4 SECTION 4: APPROVAL OF ASSESSMENT ROLLS. The assessment roll on file with the City Manager for the North Section 7 Assessment Area, which includes assessment amounts for the 2002-2003 fiscal year, is hereby approved. SECTION 5: ASSESSMENT LIENS. Special assessments imposed within the North Section 7 Assessment Area shall constitute a lien against assessed 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 of this Resolution and shall attach to the property included on the assessment roll as of January 1, 2002, the lien date for ad valorem taxes. SECTION 6: Pursuant to Section 197.3632, Florida Statutes, the assessment roll shall be certified to the Broward County Tax Collector prior to September 15, 2002. , SECTION 7: All resolutions or parts of resolutions in conflict herewitp are hereby repealed to the extent of such conflict. SECTION 8: If any clauses, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 1 1 SECTION 9: passage and adoption. Temp. Reso. #9864 August 6, 2002 5 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 281h day of August, 2002. ATTEST: MARION SWEINSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RG/KW/mg RNEY .DOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS ABSENT CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Mayor, 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 North Land Section 7 (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 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 via Federal Express by September 15, 2002. 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 and made part of the above described Non -Ad Valorem Assessment Roll this the 15. day of September, 2002. THE CITY OF TAMARAC, FLORIDA By: ayor .T "EXHIBIT All Temp. Ord. 91853. May 27. 1999 Revision #2, June 11, 1999 Page 1 of 28 CITY OF TAMARAC, FLORIDA ORDINANCE NO.0-99- le?" AN ORDINANCE OF THE CITY COMMISSION OF THE CITY' FLORIDA OF TAMARARELATING TO CAPITAL C IMPROVEMENTS AND RELATED SERVICES PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WITHIN THE CITY; PROVIDING FOR TITLE AND CITATION; PROVIDING DEFINITIONS; PROVIDING FOR THE CREATION OF ASSESSMENT AREAS; AUTHORIZING THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND THE COST PROV PROVIDING SERVICES A SPECIAL BENEFIT TO LOCAL AREAS WITHIN THE CITY; ESTABLISHING PROCEDURES FOR NOTICE AND ADOPTION OF ASSESSMENT ROLLS AND FOR CORRECTION OF ERRORS AND OMISSIONS; PROVIDING THAT ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLLS; ESTABLISHING PROCEDURES AND METHODS FOR COLLECTION OF ASSESSMENTS: AUTHORIZING THE ISSUANCE OF OBLIGATIONS SECURED BY ASSESSMENTS; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH OBLIGATIONS; ATE A GENERAL DEBT OR OBLOVIDING THAT SUCH IGATION LIGATIONS WILLN LL NOT C OF WI THE CITY; PROVIDING PROVIDING ODOR SEVERABILIT`�'DING AND FOR CONFLICTS, PRO PR VIDING FOR AN EFFECTIV TE. WHEREAS, the City of Tamarac may construct, or cause to be constructed. capital improvement projects that benefit particular properties: and Temp. Ord. #1853, May 27, 1999 Revision #2, June 11, 1999 Page 2 of 28 WHEREAS, the City Commission may find it appropriate to apply the partial or full cost of those capital improvement properties to those properties benefited by those capital improvement projects in the form of assessments; and WHEREAS, the collection of the capital improvement project assessments may be completed by various collection methods, including collection pursuant to the Uniform Assessment Collection Act; and WHEREAS, pursuant to Article Vill, Section 2(b) of the Florida Constitution and Sections 166.021 and 166.041, Florida Statutes, the City Commission has governmental. corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services; and WHEREAS, the City Commission is permitted to exercise any power for municipal purposes except as otherwise provided by law and such powers may be exercised by the enactment of legislation in the form of municipal ordinances; and WHEREAS, the City commission may exercise any govemmental. corporate. or proprietary power for a municipal purpose except when expressly prohibited by law. and the City Commission may legislate on any subject matter on which the Florida Legislature 'r s A I Temp. Ord. #1853. May 27. 1999 Revision #2. June 11, 1999, Page 3 of 28 may act, except those subjects described in (a), (b), (c), and (d) of section 1156.021(3), Florida Statutes; and WHEREAS, the subject matter of paragraphs (a), (b), (c), and (d) of section 166.021(3), Florida Statutes, are not relevant to the imposition of Assessments to fund the Project Cast of Local Improvements or the Operating Cost of Related Services; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to enact the Capital Project Assessment Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECS 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. S C. TION 2: Article 111, Chapter 6, of the Tamarac Code of Ordinances is hereby dele ted ted in its entirety (sections 6-56 through 6-73. and sections 6-74 through 6-90, reserved) and replaced as follows: Temp. Ord. #1853, May 27, 1999 Revision #2, June 11, 1999 Page 4 of 28 ARTICLE III SPECIAL ASSESSMENTS FOR CAPITAL PROJECTS Sec. 6-56. Title and Citation. This Article shall be known and cited as the Capital Project Assessment Ordinance. Sea. 6-57. Definitions. When used in this article. the following terms shall have the following meanings, unless the context clearly requires otherwise: "Annual Assessment Resolution" means the resolution described in Section 6-68 hereof, approving an Assessment Roll for a specific Fiscal Year. "Assessment" means a special assessment imposed by the City pursuant to this Ordinance to fund the Project Cost of Local improvements or the Operating Cost of Related Services. "Assessment Area" means any of the areas created by resolution of the Ccmmission pursuant to Section 6-61 hereof, that specifically benefit from a Local improvement or Related Service. ti "As sessment Roll" means the special assessment roil relating to Local improvements or Related Services, approved by a Final Assessment Resolution pursuant to Section 6-67 hereof or an Annual Assessment Resolution pursuant to Section 6-68 hereof. Jr T• Temp. Ord. #1853. May 27. 1999 Revision 92. June 11, 1999 page 5 of 28 "Assessment Unit" means the unit oe criteria utilized to determine the Assessment for each parcel of property, as set forth in the Initial Assessment Resolution. ",assessment Units" may include, by way of example only and not limitation. one or a combination of the following: front footage, platted lots or parcels of record, land area, improvement area, equivalent residential connections, permitted land use, trip generation rates, rights to future trip generation capacity under applicable concurrency management regulations, property value or any other physical characteristic or reasonably expected use of the property that is related to the Local Improvement or Related Service to be funded from proceeds of the Assessment. ,,Capital Cost" means all or any portion of the expenses that are properly attributable to the acquisition, design, construction, installation, reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of Local Improvements and imposition of the related Assessments under generally accepted accounting princioies: and including reimbursement to the City for any funds advanced for Capital Cost and interest on any interfund or intrafund loan for such purposes. --city" means the City of Tamarac, a municipal corporation duly organized and validly existing under the laws of the State of Florida. "City Clerk" shall mean the official custodian of all City records and papers of an official character as set forth in Article X of the City Charter, or such person's designee. Temp. Ord. #1853• Nlay 27. 1999 Revision #2. June 11, 1999 Page 6 of 28 "City Manager" means the chief administrative officer of the City, or such person's designee. "commission' means the City Commission of Tamarac, Florida. "Final Assessment Resolution" means the resolution described in Section 6-67 hereof, which shall confirm, modify or repeal the initial Assessment Resolution and which shall be the final proceeding for the imposition of an Assessment. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the City. "Government Property" means property owned by the United States of America, the State of Florida, a county, a special district, a municipal corporation, or any of their respective agencies or political subdivisions. "Initial Assessment Resolution" means the resolution described in Section 3-63 hereof. which shall be the initial proceeding for the imposition of an Assessment. "Local Improvement" means a capital improvement constructed or installed by the City for the special benefit of a neighborhood or other ,local area. "Obligations" means bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases, reimbursable advances by the City• or any other obligation issued or incurred to finance any portion of the Project Cost of Local improvements and secured, in whole or in part, by proceeds of the Assessments. x Temp, Ord. #1853, May 27. 1999 Revision #2. June 11, 1999 Page 7 of 28 "Operating Cost" means all or any portion of the expenses that are properly attributable to Related Services under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the City for any funds advanced for Related Services, and interest on any interfund or intrafund loan for such purpose. "Ordinance" means this Capital Project Assessment Ordinance. "Pledged Revenue" means, as to any series of Obligations, (A) the proceeds of such Obligations, including investment earnings, (B) proceeds of the Assessments pledged to secure the payment of such Obligations, and (C) any other legally available non -ad valorem revenue pledged, at the Commission's sole option, to secure the payment of such Obligations, as specified by the ordinance and resolution authorizing such Obligations. "Project Cost" means (A) the Capital Cost of a Local Improvement, (B) the Transaction Cost associated with the Obligations which financed the Local Improvement. (C) interest accruing on such Obligations for such period of time as the City deems appropriate. 1D) the debt service reserve fund or account, if any, established for the Obligations which financed the Local Improvement, and (E) any other costs or expenses related thereto. "Property Appraiser" means the Braward County Property Appraiser. "Related Service" means the operation and maintenance of a Local Improvement. "Resolution of Intent" means the resolution expressing the Commission's intent to collect Assessments on the ad valorem tax bill required by the Uniform Assessment Collection Act. Temp. Ord. #1853. May 27, 1999 Revision #2. June 11. 1999 Page 8 of 28 "Tax Collector" means the Department of Finance and Administrative Services as described in Article IV of the Broward County Charter. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Transaction Cost" means the costs, fees and expenses- incurred by the City in connection with the issuance and sale of any series of Obligations, including but not limited to (A) rating agency and other financing fees; (B) the fees and disbursements of bond counsel; (C) the underwriters' discount; (D) the fees and disbursements of the City's financial advisor, (E) the costs of preparing and printing the Obligations, the preliminary official statement, the final official statement, and all other documentation supporting issuance of the Obligations; (F) the fees payable in respect of any municipal bond insurance policy; (0) administrative, development, credit review, and all other fees associated with any pooled commercial paper or similar interim financing program: and (H) any other costs of a similar nature incurred in connection with issuance of such Obligations. t" means Sections 197.3632 and 197.3635. Florida "Uniform Assessment Collection Ac Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. Sec. 6.58. Interpretation. .. .. _ r .- Temp. Ord. #1853. May 27. 1999 Revision #2, June 11. 1999 Page a of 28 Unless the context indicates otherwise, words importing the singular number include the plural number and vice versa: the terms "hereof," "hereby;' "herein." "hereto." "hereunder' and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Ordinance. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. Sec. 6.59. Liberal Construction. This article. being necessary for the welfare of the inhabitants of the City, particularly the owners of property located within the Assessment Areas, shall be liberally construed to effect the purposes hereof. Sec. 6,60. Assessments imposed by Commission. The Assessments imposed pursuant to this article will be imposed by the Commission. not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this article shall be construed solely as ministeriai. Sec. 6.61. Creation of Assessment Areas. authorized to create assessment areas in accordance with the The Commission is procedures set forth herein Each Assessment Area shall encompass only that property specifically benefited by the Local Improvements and Related Services proposed for funding from the proceeds of Assessments to be imposed therein Assessment Resolution proposing each Assessment Area or the Either the Initial Final Assessment Resolution creating each Assessment Area shall include brief descriptions of the orcposea .f Temp. Ord. #1853. May 27, 1999 Revision #2, June 11, 1999 Page 10 of 28 Local Improvements and Related Services. a description of the property to be included within the Assessment Area, and specific legislative findings that recognize the special benefit to be provided by each proposed Local Improvement and Related Service to property within the Assessment Area. Sec. 6-62. Assessments. The Commission is authorized to impose Assessments against property located within an Assessment Area to fund the Project Cost and Related Services of Local Imorovements. The Assessment shall be computed in a manner that fairly and reasonably apportions the Project Cost among the parcels of property within the Assessment Area. based upon objectively determinable Assessment Units. Sec. 6.63. Initial assessment resolution. The initial proceeding for creation of an Assessment Area and imposition of an Assessment shall be the Commission's adoption of an Initial Assessment Resolution. The Initial Assessment Resolution shall (A) describe the property to be located within the proposed Assessment Area; (6) describe the Local improvement and Related Service proposed for funding from proceeds of the Assessments; (C) estimate the Capital Cost, Project Cost and operating Cost; (D) describe with particularity the proposed method of apportioning the p g Capital Cost, Project Cost and Operating Cost among the parcels of property located within the proposed Assessment Area, such that the owner of any parcel of property can objectively determine the number of Assessment Units and the amount of the Assessment: Temp. Ord. #1853. May 27, 1999 Revision #2, June 11, 1999 page 11 of 28 (E) descrbe the provisions, if any, for acceleration and prepayment of the Assessment; (G) describe the provisions, If any, for reallocating the Assessment upon future subdivision; and (H) include specific legislative findings that recognize the fairness provided by the apportionment methodology. Sec. 6.64. Asseasment Roll. (a) The City Manager shall prepare a preliminary Assessment Roll that contains the following information: (1) a summary description of each parcel of property (conforming to the description contained on the Tax Roll) subject to the Assessment; (2) the name of the owner of record of each parcel, as shown on the Tax Roll; (3) the number of Assessment Units attributable to each parcel: (4) the estimated maximum annual Assessment to become due in any Fiscal Year for each Assessment Unit; and (5) the estimated maximum annual Assessment to become due m any Fiscal Year for each parcel- (b) Copies of the Initial Assessment Resolution and the preliminary Assessment Roll shall be on file in the office of the City Clerk or such other appropriate City office as may be designated by the City Manager, and open to public inspection. The foregoing shall not Temp. Ord. #1853, May 27, 1999 Revision #2, June 11, 1999 Page 12 of 28 be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each parcel of property can be determined by use of a computer terminal available to the public. Sec. 6-65. Notice by Publication. After filing the Assessment Roll in the office of the City Clerk, as required by Section 6-64 hereof, the City Clerk shall publish once in a newspaper of general circulation within the City a notice stating that a public hearing of the Commission will be held on a certain day and hour, not earlier than 20 calendar days from such publication. at which hearing the Commission will receive written comments and hear testimony from all interested persons re arding creation of the Assessment Area and adoption of the Final Assessment 13 Resolution. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act_ Sec. 6-66• Notice by Mail. In add ition to the published notice required by Section 6-65, the City Clerk shall provide notice of the proposed Assessment by first class mail to the owner of each parcel of subject to the Assessment. The mailed notice shall conform to the requirements ProPe hY ' set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least 20 calendar days prior to the hearing to each property owner at such address as is shown on the Tax Roll on the twentieth calendar day prior to the date of mailing. Notice shall be deemed ma iled upon delivery thereof to the possession of the U.S. Postal Service. The •4 Temp. Ord. # 1853. May 27, 1999 Revision #2, June 11. 1999 Page 13 of 28 City Clerk may provide proof of such notice by affidavit. Failure of the owner to receive such notice due to mistake or inadvertence shall not affect the validity of the Assessment Roll nor release or discharge any obligation for the payment of an Assessment imposed by the Commission pursuant to this Ordinance. Sec, 6.67. Adoption of Final Resolution. At the time named in such notice, or such time to which an adjournment or continuance may be taken, the Commission shall receive written objections and hear testimony of interested persons and may then, or at any subsequent meeting of the Commission. adopt the Final Assessment Resolution which shall (A) create the Assessment Area: (B) confirm, modify or repeal the Initial Assessment Resolution with such amendments, if any, as may be deemed appropriate by the Commission; (C) establish the maximum amount of the Assessment for each Assessment Unit; (0) approve the Assessment Roll, with such amendments as it deems just and right; and (E) determine the method of collection. Following adoption of the Final Assessment Resolution but prior to the date on which the Assessment Roll is certified for collection pursuant to Sections 6-74 through 5-71 hereof, the Commission may obtain a written legal opinion that the Assessments have been validly imposed from the Office of the City Attorney, an attorney -at -law or firm of attorneys of recognized standing in matters pertaining to local government law; provided however• that the failure to obtain such opinion shall not invalidate the Assessments or affect the factual findings made by the Commission in connection therewith. .w 'i Temp. Ord. #1853, May 27. 1999 Revision #2, June 11. 1999 Page 14 of 28 Sec. 6.68. Annual assessment resolution. During its budget adoption process, the Commission shall adopt an Annual Assessment Resolution for each Fiscal Year In which Assessments will be imposed to approve the Assessment Roll for such Fiscal Year. The Final Assessment Resolution shall constitute the Annual Assessment Resolution for the initial Fiscal Year. The Assessment Roll shall be prepared in accordance with the Initial Assessment Resolution. as confirmed or amended by the Final Assessment Resolution. if the proposed Assessment for any parcel nt established in the notice provided pursuant to of property exceeds the maximum amou Section 6-65 hereof or if an Assessment is imposed against property not previously subject thereto, the Commission shall provide notice to the owner of such property in accordance with Sections 6-65 and 6-66 hereof and conduct a public hearing prior to adoption of the Annual Assessment Resolution. Failure to adopt an Annual Assessment Resolution during the budget adoption process for a Fiscal Year may be cured at any time. Sec. 6-69. Effect of assessment resolutions. The adoption of the Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the apportionment methodology, the rate of assessment, the adoption of the Assessment Roll 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 Commission adoption of the Final Assessment Temp. Ord. #1853, May 27. 1999 Revision #2, June 11, 1999 Page 15 of 28 Resolution. The Assessments for each Fiscal Year shall be established upon adoption of the Annual Assessment Resolution. The Assessment Roll. as approved by the Annual Assessment Resolution, shall be certified to the Tax Collector, or such other official as the Commission by resolution deems appropriate. Sec. 6-70. Lien of assessments. Upon adoption of the Annual Assessment Resolution for each Fiscal Year, Assessments to be collected under the Uniform Assessment Collection Act shall constitute a lien against assessed 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 b'Y 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 Commission of the Annual Assessment Resolution and shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. Upon adoption of the Final Assessment Resolution, Assessments to be collected under any alternative method of collection provided in section 6-75 hereof shall constitute a lien against assessed property equal in rank and dignity with the liens of all state. county, 9 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 on the date notice thereof is recoroea in the Official Records of Broward County, Florida. -r Temp. Ord. #1853. Ntay 27.1999 Revision #2, June 11, 1999 Page 16 of 28 Sec 6.71. Revisions to assessments. If any Assessment made under the provisions of this article is either in whole or in part annulled, vacated or set aside by the judgment of any court. or if the Commission is satisfied that any such Assessment is so irregular or defective that the same cannot be enforced or collected, or if the Commission has failed to include any property on the Assessment Roll which property should have been so included. the Commission may take all necessary steps to impose a new Assessment against any property benefited by the Local Improvement or Related Service, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Assessment is annulled, the Commission may obtain and impose other Assessments until a valid Assessment is imposed. Sec. 6-72. Procedural irregularities. Any irregularity in the proceedings in connection with the levy of any Assessment under they provisions of this article shall not affect the validity of the same after the approval thereof, and any Assessment as finally approved shall be competent and sufficient evidence that such Assessment was duly levied, that the Assessment was duly made and adopted, and that all other proceedings adequate to such Assessment were duly had. taken and performed as required by this article; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was *r r. Temp. Ord. #1853. May 27, 1999 Revision #2. June 11. 1999 Page 17 of 28 materially injured thereby. Notwithstanding the provisions of this Section 6-72. any party objecting to an Assessment imposed pursuant to this article must file an objection with a court of competent jurisdiction within the time periods prescribed herein. $ee. 6_73. Correction of errors and omissions. (a) No act of error or omission on the part of the Commission, City Manager, Property Appraiser, Tax Collector, City Clerk, or their respective deputies or employees. shall operate to release or discharge any obligation for payment of any Assessment imposed by the Commission under the provisions of this article. (b) The number of Assessment Units attributed to a parcel of property may be corrected at any time by the City Manager. Any such correction which reduces an Assessment shall be considered valid from the date on which the Assessment was imposed and shall in no way affect the enforcement of the Assessment imposed under the provisions of this Ordinance. Any such correction which increases an Assessment or imposes an assessment on omitted property shall first require notice to the affected o%vner in the manner described in Section 6-66 hereof, providing the date, time and place that the Commission will consider confirming the correction and offering the owner an opportunity to be heard. c) After the Assessment Roll has been delivered to the Tax Collector in accordance with ( es, modifications or corrections thereto the Uniform Assessment Collection Act, any Chang 06 Temp. Ord. #1853, May 27. 1999 Revision #2. June 11. 1999 Page 18 of 28 shall be made in accordance with the procedures applicable to errors and insolvencies for ad valorem taxes_ Sec. 6.74. Method of collection of assessments. (a) Unless directed otherwise by the Commission, Assessments (other than Assessments imposed against Government Property) shall be collected pursuant to the Uniform Assessment Collection Act, and the City shall comply with all applicable provisions thereof. The Resolution of Intent required by the Uniform Assessment Collection Act may be adopted either prior to or following the Initial Assessment Resolution; provided however. that the Resolution of Intent must be adopted prior to January 1 (or March 1 with consent of the Property Appraiser and Tax Collector) of the year in which the Assessments are first collected on the ad valorem tax bill. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act. (b) The amount of an Assessment to be collected using the uniform method pursuant to the Uniform Assessment Collection Act for any specific Tax Parcel may include an amount equivalent to the payment delinquency. delinquency fees and recording costs for a prior year's Asse ssment for a comparable service. facility, or program provided. (1) the collection method used in connection with the prior year's Assessment was not made pursuant to the Uniform Assessment Collection Act, (2) notice is provided to the owner as required under the Uniform Assessment Collection Act, and (3) any lien on the affected Tax jr f Y. Temp. Ord. #1853. May 27, 1999 Revision #2, June 11. 1999 Page 19 of 28 Parcel for the prior year's Assessment is supplanted and transferred to such current year's Assessment upon certification of the Assessment Roll to the Tax Collector by the City. Sec 6.75. Alternative method of collection. In lieu of using the Uniform Assessment Collection Act, the City may elect to collect the Assessment by any other method which is authorized by law or provided as follows: (a) The City shall provide Assessment bills by first class mail to the owner of each affected parcel of property, other than Government Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Assessment. (2) a description of the Assessment Units used to determine the amount of the Assessment, (3) the number of Assessment Units attributable to the parcel, (4) the total amount of the parcel's Assessment for the appropriate period, (5) the location at which payment will be accepted. (6) the date on which the Assessment is due, and (7) a statement that the Assessment constitutes a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. (b) A general notice of the lien resulting from imposition -of the Assessments shall be recorded in the official Records of Broward County, Florida. Nothing herein shall be construed to require that individual liens or releases be filed in the Official Records. (c) The City shall have the right to appoint or retain an agent to foreclose and collect all delinquent Assessments in the manner provided by law. An Assessment shall become delinquent if it is not paid within 30 days from the due date, The City or its agent f Temp. Ord. #1851 May 27. 1999 Revision #2, June 11, 1999 Page 20 of 28 shall notify any property owner who is delinquent in payment of an Assessment within 60 days from the date such Assessment was due. Such notice shall state in effect that the City or its agent will initiate a foreclosure action and cause the foreclosure of such property subject to a delinquent Assessment in a method now or hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law. (d) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any foreclosure action as described herein shall be included in any judgment or decree rendered therein. At the sale pursuant to decree in any such action, the City may be the purchaser to the same extent as an individual person or corporation. The City may join in one foreclosure action the collection of Assessments against any or all property assessed in accordance with the provisions hereof. All delinquent property owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the City and its agents• including reasonable attorney fees, in collection of such delinquent Assessments and any other costs incurred by the City as a result of such delinquent Assessments including, but not limited to, costs paid for draws on a credit facility and the same shall be collectible as a part of or in addition to, the costs of the action. (e) In lieu of foreclosure, any delinquent Assessment and the casts. fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act: provided however, that (1) notice is provided to the owner in the manner ,'t Temp. Ord. #1851 May 27, 1999 Revision #2. June 11, 1999 Page 21 of 28 required by law and this Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent Assessment is supplanted by the lien resulting from certification of the Assessment Roll to the Tax Collector. Sec. 6.76. Responsibility for enforcement. The City and its agent, if any, shall maintain the duty to enforce the prompt collection of Assessments by the means provided herein. The duties related to collection of Assessments may be enforced at the suit of any holder of Obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. Sec. 6.77. Government Property. (a) If Assessments are imposed against Government Property. the City shall provide Assessment bills by first class mail to the owner of each affected parcel of Govemment Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Assessment, (2) a description of the Assessment Units used to determine the amount of the Assessment. (3) the number of Assessment Units a,►ributable to the parcel, (4) the total amount of the parcel's Assessment for the appropriate period. (5) the location at which payment will be accepted. and (6) the date on which the Assessment is due. (b) Assessments imposed against Governmental Property shall b, oUe on the same date as Assessments against other property within the Assessment Area and. if applicable, shall be subject to the same discounts for early payment. Temp. Ord. #1853. May 27. 1999 Revision #2. June 11, 1999 Page 22 of 29 (c) An Assessment shall become delinquent if it is not paid within 30 days from the due date. The City shall notify the owner of any Government Property that is delinquent in payment of its Assessment within 60 days from the date such Assessment was due. Such notice shall state in effect that the City will initiate a mandamus or other appropriate judicial action to compel payment. All costs, fees and expenses, including reasonable attorney fees and title (d) search expenses, related to any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent owners of Government Property against which a mandamus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the City, including reasonable attorney fees, in collection of such delinquent Assessments and e Ci as a result of such delinquent Assessments including, any other costs incurred by th ty but not limited to, costs paid for draws on a credit facility and the same shall be collectible as a part of or in addition to, the costs of the action. As an alternative to the foregoing, an Assessment imposed against Government Property may be collected on the bill for any utility service (0) provided to such Governmental Properly. The Commission may contract for such billing services with any utility provider. Temp. Ord. #1853. May 27.1"999 Revision #2, 99 June of e28 $ec. 6.78. General authority to issue obligations. (a) upon adoption of the Final Assessment Resolution imposing Assessments to fun d a Local Improvement or at any time thereafter, the Commission shall have the wer and is authorized to provide by resolution. at one time or from time to time in ;eries, po . for the issuance of Obligations to fund the Project Cost thereof. b) The principal of and interest on each series of Obligations shall be payable m Pled ed Revenue. At the option of the Commission, the City may agree." by fro 9 resolution, to budget and appropriate funds to make up any deficiency in the reserve from other account established for the Obligations or in the payment of the Obligations, non -ad valorem revenue sources. The Commission may also provide, by resolution. for led a of or lien upon proceeds of such non -ad valorem revenue sources for the benefit a9 of the holders of the Obligations. Any such resolution shall determine the nature and extent of any pledge of or lien upon proceeds of such non -ad valorem revenue sources. $eC, 6-79. Terms of the obligations. Obligations shall be dated, shall bear interest at such rate or rates, shall mature at The g times as may be determined by resolution of the Commission, and may be made such redee mable before maturity, at the option of the City, at such price or prices and under such terms and conditions, all as may be fixed by the Commission. Said obligations shall mature not later than 40 years after their issuance. The Commission shall determine by ecuting such Obligations. and shall resolution the form of the Obligations, the manner of ex F Temp. Ord. #1853, May 27. 1999 Revision #2. June 11, 1999 Page 24 of 28 fix the denominations of such Obligations. the place or places of payment of the principal and interest, which may be at any bank or trust company within or outside of the State of Florida. and such other terms and provisions of the Obligations as it deems appropriate. The Obligations may be sold at public or private sale for such price or prices as the Commission shall determine by resolution. The Obligations may be delivered to any contractor to pay for construction of the Local Improvements or may be sold in such manner and for such price as the Commission may determine by resolution to be for the best interests of the City. Sec. 6-8o• Variable rate obligations. At the option of the Commission, Obligations may bear interest at a variable rate. Sec. 6n-81. Temporary obligations. ' the reparation of definitive Obligations of any series, the Commission may, under Prior to p like restrictions, issue interim receipts, interim certificates, or temporary Obligations. exchangeable for definitive Obligations when such Obligations have been executed and are available for delivery. The Commission may also provide for the replacement of anY Obligations which shall become mutilated, destroyed or lost. Obligations may be issued conditions or things than without any pr oceedings roceedings or the happening of any other chase proceedings, conditions or things which are specifically required by this ordinance. Temp. Ord. #1853. May 27. 1999 Revision #2. June 11. 1999 Page 25 of 28 Sec. 6-82. Anticipation Notes. in anticipation of the sale of Obligations, the Commission may, by resolution. issue notes and may renew the same from time to time. Such notes may be paid from the proceeds of the Obligations, the proceeds of the Assessments, the proceeds of the notes and such other legally available moneys as the Commission deems appropriate by resolution. Said notes shall mature within five years of their issuance and shall bear interest at a rate not exceeding the maximum rate provided by law. The Commission may issue Obligations or renewal notes to repay the notes. The notes shall be issued in the same manner as the Obligations. Sec. 6-83. Taxing power not pledged. Obligations issued under the provisions of this Ordinance shall not be deemed to constitute a general obligation or pledge of the full faith and credit of the City within the meaning of the Constitution of the State of Florida, but such Obligations shall be payable only from Pledged Revenue in the manner provided herein and by the resolution authorizing the Obligations. The issuance of Obligations under the provisions of this Ordinance shall not directly or indirectly obligate the City to levy or to pledge any form of ad valorem taxation whatever therefor. No holder of any such Obligations shall ever have the right to compel any exercise of the ad valorem taxing power on the part of the City to Day any such Obligations or the interest thereon or to enforce payment of such Obligations or the interest thereon against any property of the City, nor shall such Obligations constitute a charge. .t Temp. Ord. #1853. May 27. 1999 Revision #2, June 11, 1999 Page 26 of 28 lien or encumbrance, legal or equitable, upon any property of the City, except the Pledged Revenue. sec, 6-84. Trust funds. The Pledged Revenue received pursuant to the authority of this article shall be deemed to be trust funds, to be held and applied solely as provided in this article and in the resolution authorizing issuance of the Obligations. Such fledged Revenue may be invested by the City, or its designee, in the manner provided by the resolution authorizing issuance of the Obligations. The Pledged Revenue upon receipt thereof by the City shall be subject to the lien and pledge of the holders of any Obligations or any entity other than the City providing credit enhancement on the Obligations. sac, 6-84. Remedies of holders. Any holder of Obligations. except to the extent the rights herein given may be restricted by the resolution authorizing issuance of the Obligations, may. whether at law or in equity. by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Florida or granted hereunder or under such resolution, and may enforce and- compel the performance of all duties required by this part. or by such resolution, to be performed by the City. Sec. 6-85• Refunding obligations. The City may, by resolution of the Commission. issue Obligations to refund any Obligations issued pursuant to this article, or any other obligations of the City theretofore issued to Temp Ord. #1853, May 27, 1999 Revision #2, June 11, 1999 Page 27 of 28 finance the Project Cost of a local Improvement. and provide for the rights of the holders hereof. Such refunding Obligations may be issued in an amount sufficient to provide for the payment of the principal of, redemption premium, if any, and interest on the outstanding Obligations to be refunded. If the issuance of such refunding Obligations results in an annual Assessment that exceeds the estimated maximum annual Assessments set forth in the notice provided pursuant to Section 6-66 hereof, the Commission shall provide notice to the affected property owners and conduct a public hearing in the manner required by Article II of this article. S T10 3: Specific Authority to codify this ordinance in the Code of Ordinances of the City of Tamarac is hereby authorized and directed. SEC ION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SF_c� TION 5: If a section, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. .k Temp. Ord, #1853. May 27, 1999 Revision #2. June 11, 1999 Page 28 of 28 5E9TlQLL_S: This Ordinance shall become effective immediately upon passage and adoption. PASSED, FIRST READING on this day of ne, 1999. PASSED, SECOND READING on this z* day of J_S.ne- 1999. ATTEST: f CAROL GOLD; CMC/AAE CITY CLERK I HERI BY CERTIFY that I have approved this ORE)10,�NCE as to foray% MIT/1UHLLL S. KRA' CfTy ATTORNEY I MW.*rn lUtitit165 �7 JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM PORTNER i •,, c� DIST 2: V/M MISHKIN DIS I a: CQMM. SULTANQF DIST4: COMM. ROBERTS r' . "EXHIBIT B" Temp. Reso. #8649 Revision # 1. July 6. 1999 Page 1 of 42 CITY OF TAMARAC, FLORIDA RESOLUTION NOfl'qqQ-1 � 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC. FLORIDA, RELATING TO THE.. CONSTRUCTION AND FUNDING OF WATER DISTRIBUTION FACILITIES AND WASTEWATER COLLECTION FACILITIES: DESCRIBING THE PROPERTY TO BE LOCATED WITHIN THE PROPOSED NORTH SECTION 7 ASSESSMENT AREA: DETERMINING THE ESTIMATED COST OF THE WATER DISTRIBUTION FACILITIES AND WASTEWATER COLLECTION FACILITIES: DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE WATER DISTRIBUTION FACILITIES AND WASTEWATER COLLECTION FACILITIES; ESTABLISHING THE METHOD OF ASSESSING THE COSTS OF THE WATER DISTRIBUTION FACILITIES AND WASTEWATER COLLECTION FACILITIES AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS: DIRECTING THE CITY MANAGER TO PREPARE A TENTATIVE ASSESSMENT POLL BASED UPON THE METHODOLOGY SET FORTH HEREIN: ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENTS AND THE METHOD OF THEIR COLLECTION: DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH: PROVIDING FOR CONFLICTS: PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN E FE VE DATF. WHEREAS, the City of Tamarac has incurred capital costs for the construction of Water Distribution Facilities and Wastewater Collection Facilities as part of the construction of Hiatus Roaa in the north half of Land Section ; : and. Temp. Reso. #8649 Revision # 1, July 6. 1999 Page 2 of 42 WHEREAS. the construction of the Water Distribution Facilities and Wastewater Collection Facilities in the Hiatus Road corridor will provide a specific benefit to the properties in the north half of Land Section 7: and WHEREAS, the City enacted the Capital Project Assessment Ordinance, which authorizes the City to create Assessment Areas to include all of the properties.that gain specific benefits from specific capital improvements: and WHEREAS, the City has the authority to reasonably apportion the project cost of the capital improvement among the property parcels within the Assessment Area and impose an assessment to the owners of those properties located within the Assessment Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SE "ION 2: The appropriate City Officials are hereby authorized to execute this resolution to create an Assessment Area which would include those properties in the north half of Land Section 7 that are specifically benefited by the construction of the Water Distribution Facilities and Wastewater Collection Facilities in the Hiatus Road n Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 3 of 42 corridor. as described and outlined in Articles I through VI below. and including Appendixes A through F. ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Adjusted Prepayment Amount" means the amount required to prepay the Assessment for each Tax Parcel located in the North Section T Assessment Area, as computed and revised annually pursuant to Section 5.04(G) hereof. "Annual Debt Service Component" means the amount computed for each Tax Parcel pursuant to Section 5.04(C) hereof, "Annual Debt Service Factor" means the factor computed pursuant to Section 5.04(B) hereof. "Assessment" means an annual special assessment imposed against property located within the North Section 7 Assessment Area to fund the Project Cost of Hiatus Water Facilities and Hiatus Wastewater Facilities to serve the North Section 7 Assessment Area. and related expenses, computed in the manner described in Section 5.04 hereof. 0 Temp. Reso. #8649 Revision # 1, ,July 6, 1999 Page 4 of 42 "Assessment Roll" means a non -ad walorem assessment roll relating to the Project Cost of the Hiatus Water Facilities and Hiatus Wastewater Facilities to serve the North Section 7 Assessment Area, and related expenses. "Capital Cost" means all or any portion of the expenses that are properly attributable to the acquisition. design, construction, installation. reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of the Hiatus Water Facilities and Hiatus Wastewater facilities. and imposition of the Assessments under generally accepted accounting principles: and including reimbursement to the City for any funds advanced for Capital Cost and interest on any interfund or intrafund loan for such purposes. "City" means the City of Tamarac, a municipal corporation duly organized and validly existing under the laws of the State of Florida. "City Clerk" shall mean the official custodian of all City records and papers of an official character as set forth in Article X of the City Charter. or such person's designee. "City Manager" means the chief administrative officer of the City, or such person's designee. "Collection Cost" means the estimated cost to be incurred by the City during any Fiscal Year in connection with the collection of Assessments. "Collection Cost Component" means the amount computed for each Tax Parcel pursuant to Section 5.04(D) hereof. "Commission" means the City Commission of Tamarac. Florida. Temp. Reso. #8649 Revision # 1, July 6. 1999 Page 5 of 42 "Debt Service Amount" means the amount computed pursuant to Section 5.04(A) hereof. "Delinquency Amount" means any Assessment the City is unable to collect pursuant to the alternative method described in Section 6-75 (b) the Ordinance. "Factored Wastewater Service Area" means the effective service area assigned to a specific Tax Parcel or portion thereof pursuant to Section 4.03 hereof, "Factored Water Service Area" means the effective service area assigned to a specific Tax Parcel or portion thereof pursuant to Section 3.03 hereof. "Final Assessment Resolution" means the resolution described in Section 6-67 of the Ordinance that imposes Assessments within the North Section 7 Assessment Area. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the City. "Hiatus Wastewater Facilities" means the wastewater collection facilities required for the City to provide wastewater service to the property located in the North Section 7 Assessment Area. "Hiatus Water Facilities" means the water distribution facilities required for the City to provide water service to the property located in the North Section 7 Assessment Area. "Initial Prepayment Amount" means the amount computed pursuant Section 5.03 hereof for each Tax Parcel located in the North Section 7 Assessment Area to prepay the Assessment prior to the date upon which the Obligation is incurred. Temp. Reso. #8649 " Revision # 1, July 6. 1999 Page 6 of 42 "Local Improvement" means a capital improvement constructed or installed by the City for the special benefit of a neighborhood or other local area. for which special assessments are imposed pursuant to the Ordinance. "North Section 7 Assessment Area" means the proposed North Section 7 Assessment Area described in Section 5.01 hereof. "Obligation" means the internal loan made by the City to fund the Project Cost of the Hiatus Water Facilities and the Hiatus Wastewater Facilities, excluding the Initial Prepayment Amount for Parcel No. 494107010170 (Broward County Expressway Authority). "Ordinance" means Ordinance No. 0-99--, also known as the Capital Project Assessment Ordinance. "Parcel Area" means the geographic area within a Tax Parcel or portion thereof measured in square feet. as assigned in Sections 3.02 and 4.02 hereof. "Project Cost" means (A) the Capital Cost of the Hiatus Water Facilities and Hiatus Wastewater Facilities and (B) any other costs or expenses related thereto. "Property Appraiser" means the Broward County Property Appraiser - "State" means the State of Florida. "Statutory Discount Amount" means the amount computed for each Tax Parcel pursuant to Section 5.04(E) hereof. "Tax Collector" means the Department of finance and Administrative Services as described in Article IV of the Broward County Charter. Temp. Reso. #8649 Revision # 1. July 6, 1999 Page 7 of 42 "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes. or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes. and any applicable regulations promulgated thereunder. "Wastewater Facilities Cost Component" means the amount computed for each Tax Parcel pursuant to Section 4.04 hereof. 'Wastewater Facilities Directly Served Property" includes property that the City reasonably expects to be served directly from the Hiatus Wastewater Facilities. "Wastewater Facilities Excluded Property" includes developed property, property that cannot be developed. property that is reasonably expected to be served by other wastewater collection facilities, and City property acquired for road right-of-way, utility easements or open space. "Wastewater Facilities Impact Factor" means the factor assigned to each Wastewater Facilities Property Classification pursuant to Section 4.01 hereof. "Wastewater Facilities Property Classification" means Wastewater Facilities Excluded Property or Wastewater Facilities Directly Served Property. Temp. Reso. #8649 Revision# 1, July 6, 1999 Page 8 of 42 --Water Facilities Cost Component" means the amount computed for each Tax Parcel pursuant to Section 3.04 hereof." "Water Facilities Directly Served Property" includes property that the City reasonably expects to be served directly from the Hiatus Water Facilities. "Water Facilities Excluded Property" includes developed property, property that cannot be developed, property that is reasonably expected to be served by other water distribution facilities. and City property acquired for road right-of-way, utility easements or open space. "Water Facilities Impact Factor" means the factor assigned to each Water Facilities Property Classification pursuant to Section 3.01 hereof. "Water Facilities Other Benefited Property" includes property that is not otherwise classified as Water Facilities Excluded Property or Water Facilities Directly Served Property. "Water Facilities Property Classification" means Water Facilities Excluded Property, Water facilities Directly Served Property or Water Facilities Other Benefited Property. SECTION 1.02. INTERPRETATION. Unless the context indicates othewsse, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein." "hereto." "hereunder" and similar terms refer to this Resolution: and the term "hereafter" means after, and the term "heretofore" means before, the effective I Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 9 of 42 date of this Resolution. Words of any gender include the correlative words of the other gender. unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) This Resolution is adopted pursuant to the provisions of Ordinance No. c)-99- . Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. (g) The City Commission of the City of Tamarac. Florida, has enacted the Ordinance to provide for the creation of assessment areas and authorize the imposition of Assessments to fund the construction of Local Improvements to serve the property located therein. (C) The Hiatus Water Facilities and Hiatus Wastewater Facilities constitute a Local Improvement, as defined in the Ordinance. and permit the City to provide potable water and wastewater collection and treatment service to property located within the North Section 7 Assessment Area. (p) The Commission desires to create the North Section 7 Assessment Area to fund construction of the Hiatus Water Facilities and Hiatus Wastewater Facilities. (E) The construction of such Hiatus Water Facilities and Hiatus Wastewater Facilities will provide a special benefit to the property located within the North Section 7 Assessment Area by providing access to potable water and wastewater treatment services. Temp. Reso. #8649 Revision # 1. July 6, 1999 Page 10 of 42 (F) The Commission hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide an equitable method of funding construction of the Hiatus Water Facilities and Hiatus Wastewater Facilities by fairly and reasonably allocating the cost to specially benefited property, based upon the classification and size of property in the manner hereinafter described. ARTICLE 11 NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED CAPITAL. COST. The estimated Capital Cost for the Hiatus Water Facilities is S275,306 and the estimated Capital Cost for the Hiatus Wastewater Facilities is S308.758. The Project Cost of the Hiatus Water Facilities and Hiatus Wastewater Facilities will be funded through the imposition of Assessments against property located in the North Section 7 Assessment Area in the manner set forth in Articles III, IV and V hereof. SECTION 2.02. ASSESSMENT ROLL. The City Manager Is hereby directed to prepare a final estimate of the Capital Cost of the Hiatus Water Facilities and Hiatus Wastewater Facilities and to prepare the preliminary Assessment Roll in the manner provided in the Ordinance. The City Manager shall apportion the Project Cost among the parcels of real property within the North Section 7 Assessment Area as reflected on the Tax Roll in conformity with Articles III, IV and V hereof. The estimate of Capital Cost and Temp. Reso. #8649 Revision # 1. July 6, 1999 page 11 of 42 the Assessment Roll shall be maintained on file in the offices of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each Tax parcel can be determined by use of a computer terminal available to the public. SECTION 2.03. PUBLIC HEARING. A public hearing will be conducted by the Commission at 9:00 A.M. or as soon thereafter as the matter can be heard, on August 25, 1999. in the City Commission Chambers of City Hall at 757-5 Northwest 88th Avenue, Tamarac. Florida. to consider (A) creation of the North Section 7 Assessment Area, (B) imposition of the Assessments. and (C) collection of the Assessments pursuant to the Uniform Assessment Collection Act. SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the materials required by Section 2.02 hereof, the City Manager shall publish a notice of the public hearing authorized by Section 2,03 hereof in the manner and the time provided in Section 6-65 of the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix A. SECTION 2.05. NOTICE BY MAIL. Upon completion of the materials required by Section 2.02 hereof, the City Manager shall, at the time and in the manner specified in Section 6-66 of the Ordinance, provide first class mailed notice of the public hearing authorized by Section 2.03 hereof to each property owner proposed to be assessed at the address indicated on the Tax Roll. Such notice shall be in substantially the forms attached hereto as Appendix B. Appendix C and Appendix D. Temp. Reso. #8649 Revision # 1, July 6. 1999 Page 12 of 42 ARTICLE III HIATUS WATER FACILITIES SECTION 3.01. DESCRIPTION OF CLASSIFICATIONS. Based -upon the location and configuration of any specific Tax Parcel, portions of the Tax Parcel may be assigned to different Water Facilities Property Classifications. In that event, the Factored Water Service Area for each portion of the Tax Parcel will be calculated separately and aggregated to compute the Factored Water Service Area for the entire Tax'Parcel. Once the Factored Water Service Area for the entire Tax Parcel is computed, the Assessment will be imposed against the entire Tax Parcel and no distinction will be made thereafter between portions of the Tax Parcel assigned to different Water Facilities Property Classifications. Specific findings as to the Water Facilities Property Classification and Parcel Area for each Tax Parcel in the North Section 7 Assessment Area are made in Section 3.02 hereof. A map of the North Section 7 Assessment Area depicting the Water Facilities Property Classifications and Parcel Areas is attached as Appendix E hereto. (A) Water Facilities Excludld ProtagntY. (1) The Water Facilities Excluded Property Water Facilities Property Classification will include developed property, property that cannot be developed. property that is reasonably expected to be served by other water distribution 0 Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 13 of 42 facilities and City property acquired for road right-of-way, utility easements or open space. (2) The Commission hereby legislatively finds and determines that property classified as Water Facilities Excluded Property will have a Water Facilities Impact Factor of zero percent. (g) Water Faciliti s Directl Served Prooe . (1) The Water Facilities Directly Served Property Water Facilities Property Classification will include property that the City reasonably expects to be served directly from the Hiatus Water Facilities. (2) The Commission hereby legislatively finds and determines that property classified as Water Facilities Directly Served Property will have a Water Facilities Impact Factor of 100 percent. (C) ater Facilities Oth Benefited Prooe . (1) The Water Facilities Other Benefited Property Water Facilities Property Classification will include all other property not classified as Water Facilities Excluded Property or Water Facilities Directly Served Property. (2) The Commission hereby legislatively finds and determines that: (a) The Assessment against Water Facilities Other Benefited Property recognizes the network nature of water systems, which is different from wastewater systems. 1 Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 14 of 42 (b) In water systems, there is a network of water lines: the water flow can come from either direction in the pipes depending on system conditions. Increasing or bettering a water system network improves the service to property served by that network. Generally, the water service is more reliable, has better water pressure and volume, and has better water quality. In addition, construction of a loop system reduces the likelihood of service interruption since water can be provided from two directions. (c) Although it can be shown through hydraulic modeling that the available water volume and residual pressure to Water Facilities ether Benefited Property will be increased by the construction of the Hiatus Water Facilities, the special benefit can be difficult to quantify precisely. (d) Based on some assumed development patterns and the location of the property/development, the increase in the water volume and residual pressure is expected to range between ten and fifty percent. (3) Taking the increased reliability into consideration, the Commission hereby legislatively finds and determines that property classified as Water Facilities Other Benefited Property will have a Water Facilities impact Factor of 33 percent. SECTION 3.02. ASSIGNMENT OF CLASSIFICATIONS. (A) Par el No. 494107020010 .IBC Investm nts. Inc.. The Commission hereby legislatively finds and determines that: 0 Temp. Reso. #8649 Revision # 1. July 6, 1999 Page 15 of 42 (1) This Tax Parcel has been developed and will derive no special benefit from the Hiatus Water Facilities. (2) This Tax Parcel has been classified as Water Facilities Excluded Property. (B) P rc I No. 49.41070800 Tamar c Business Center. In the Commission hereby legislatively finds and determines that: (1) This Tax Parcel has been developed and will derive no special benefit from the Hiatus Water Facilities. (2) This Tax Parcel has been classified as Water Facilities Excluded Property. 49A1070800 Sam an Nathan Bu ers • The Commission (C) Parcel No hereby legislatively finds and determines that: (1) This Tax Parcel has been developed and will derive no special benefit from the Hiatus Water Facilities. (2) This Tax Parcel has been classified as Water Facilities Excluded Property. (p) Parcel No. 494107080021 Arch Aluminum L.C.. The Commission hereby legislatively finds and determines that: veloped and will derive no special benefit (1) This Tax Parcel has been de from the Hiatus Water Facilitles. Temp. Reso. #8649 Revision # 1. July 6, 1999 Page 16 of 42 (2) This Tax Parcel has been classified as Water Facilities Excluded Property. (E) p reel No. 4941 7080022 (Stin Belt Precision Pr ct . Inc.. The Commission hereby legislatively finds and determines that: (1) This Tax Parcel has been developed and will derive no special benefit from the Hiatus Water Facilities. (2) This Tax Parcel has been classified as Water Facilities Excluded Property. (F) Earcgl No. 49410701 161 Francis Realt o . The Commission hereby legislatively finds and determines that: (1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal to 203,278 square feet. 1► is reasonable to expect that the entire Tax Parcel will be served directly from the Hiatus Water Facilities. (2) This Tax Parcel has been classified as Water Facilities Directly Served Property. (G) P rc d No. 49417060010 Yolan a Ma re . The Commission hereby legislatively finds and determines that: (1) This Tax Parcel does not abut Hiatus Road and contains Parcel Area equal to 185.560 square feet. The City reasonably expects this Tax Parcel to receive an indirect benefit from the Hiatus Water Facilities because the addition to Temp. Reso. #8649 Revision # 1. July 6, 1999 Page 17 of 42 stem netwark in the area should increase the water volume and residual the waters Y pressure within the water distribution loop system. 2 This Tax Parcel has been classified as Water Facilities Other Benefited Property. Jam s C. Jacobson. Tres ee -The Commission(H) Par I No 94107040 10 hereby legislatively finds and determines that: r than the This Tax Parcel abuts Hiatus Road but is significantly deep - Fran cis Realty Tax Parcel and is reasonably divisible into two areas• as shown in Appendix E. Area A contains Parcel Area equal to 121, 296 square feet and.Area 8 con tains Parcel Area equal to 121,296 square feet. It is reasonable to expect that Ar ea A will be served directly from the Hiatus Water Facilities and Area B will be served from the extension of other existing water distribution facilities. 2 Area A of this Tax Parcel has been classified as Water Facilities ctl Served Property and Area B of this Tax Parcel has been classified as Water Dire y (1) Facilities Other Benefited Property. (I) Parcel No. 494107010 2 W is The Commission hereby legislatively finds and determines that: 1 This Tax Parcel does not abut Hiatus Road and contains Parcel Area 689 s uare feet. The City reasonably expects this Tax Parcel to receive equal to 97, q ct benefit from the Hiatus Water Facilities because the addition to the water an indit e Temp. Reso. #8649 Revision # 1. July 6. 1999- Page 18 of 42 system network in the area should increase the water volume and residual pressure within the water distribution loop system. (2) This Tax Parcel has been classified as Water Facilities Other Benefited Property. (j) arcel No. 4941070800 0 ( Cam & Nath n Butters). The Commission hereby legislatively finds and determines that: This Tax Parcel abuts Hiatus Road. currently has access to other (1) water distribution facilities on other property formerly under common ownership and is reasonably divisible into two areas, as shown in Appendix E. Area A Contains Parcel Area equal to 19,564 square feet and Area B contains Parcel Area equal to 19,564 square feet. It is reasonable to expect that Area A will be served from the extension of other existing water distribution facilities and Area B will be served directly from the Hiatus Water Facilities. Area A has been classified as Water Facilities Other Benefited (2) Property and Area B has been classified as Water Facilities Directly Served Property. Kj parcel Na. 494107010 12 Sani Pia. Inc.). The Commission hereby legislatively finds and determines that: (1) This Tax Parcel is a large irregular shaped parcel abutting Hiatus Road on its western boundary and Nab Hill Road on its eastern boundary and is reasonably divisible into three areas. as shown in Appendix E. Area A contains Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 19 of 42 are feet, Area B contains Parcel Area equal to Parcel Area equal to 403,770 squ 302.827 square feet and Area C contains Parcel Area equal to 302,827 square feet. It is reasonable to expect that Area A will be served directly from the Hiatus Water Facilities while Area B and Area C will indirectly benefit from the Hiatus Water Facilities due to the loop system of the water distribution system. (2) Area A has been classified as Water Facilities Directly Served Property while Area B and Area C have been classified as Water Facilities Other Benefited Property. (L) 494107 11 shop _Col man F. arroll . The Commission hereby legislatively finds and determines that: (1) This Tax Parcel does not abut Hiatus Road and contains Parcel Area equal to 343,907 square feet. The City reasonably expects this Tax Parcel to receive an indirect benefit from the Hiatus Water Facilities because the addition to the water system network in the area should increase the water volume and residual pressure within the water distribution loop system. (2) This Tax Parcel has been classified as Water Facilities Other Benefited Property. Parcel No. 494107p10040 (Simon & R th A h . The Commission hereby {M) legislatively finds and determines that: Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 211 of 42 (1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal to 296.333 square feet. It is reasonable to expect that the entire Tax Parcel will be served directly from the Hiatus Water Facilities (2) This Tax Parcel has been classified as Water Facilities directly Served property. 50Q1 � lJerris Florida Pro ernes. l nc• .The Commission N Parcel No, 4941 7 hereby legislatively finds and determines that: (1) This Tax Parcel does not abut Hiatus Road but does abut McNab Road. which has existing water distribution facilities. This Tax Parcel contains Pa rcel Area equal to 292.962 square feet. The City reasonably expects this Tax Par cel to receive an indirect benefit from the Hiatus Water Facilities because the addition to the water system network in the area should increase the water volume and residual pressure within the water distribution loop system. 2) This Tax Parcel has been classified as Water Facilities Other Benefited Property. (0) Pa rcel Na 494107010050 Catherine Pisclatti and Mariann Winfi Id . The Commission hereby legislatively finds and determines that: access to other (1) This Tax Parcel abuts Hiatus Road, does not have qual to 336.324 square feet. water diibution facilities and contains Parcel Area estr It is reasona ble to expect that the entire Tax Parcel will be served directly from the Hiatus Water Facilities. Temp. Reso. #8649 Revision # 1, July 6. 1999 " Page 21 of 42 (2) This Tax Parcel has been classified as Water Facilities Directly Served Property. (P) P rcel N a941 709Q010 (Soythea§t Pro e v Ac uisi ion . The Commission hereby legislatively finds and determines that: r (1) This Tax Parcel abuts Hiatus Road, does not have access to other water distribution facilities and is reasonably divisible into two areas. as shown in Appendix E. Area A contains Parcel Area equal to 2,017,648 square feet and Area B contains Parcel Area equal to 356.056 square feet. it is reasonable to expect that Area A will be served directly from the Hiatus Water Facilities. Since Area B is located on the other side of the expressway, it is not reasonable to expect that Area 8 can be served by the Hiatus Water Facilities. (2) Area A has been classified as Water Facilities Directly Served Property and Area B has been classified as Water Facilities Excluded Property. (Q) Pa c I No. 49a1 7Q117170 8r w rd Cau t Ex res w Authori The Commission hereby legislatively finds and determines that: (1) This Tax Parcel does not abut Hiatus Road but does abut McNab Road. which has existing water distribution facilities. This Tax Parcel is reasonably divisible into two areas. as shown in Appendix E. Area A contains Parcel Area equal to 1.335.424 square feet and Area B contains Parcel Area equal to 445.142 square feet. In Area A. the City reasonably expects the Hiatus Water Facilities to provide an indirect benefit because the addition to the water system networK in the Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 22 of 42 area should increase the water volume and residual pressure within the water distribution loop system. Area B cannot be developed. (2) Area A has been classified as Water Facilities Other Benefited Property and Area B has been classified as Water Facilities Excluded Property. R) P reel No. 494107010015 Jo h Alla Caplan). The Commission hereby legislatively finds and determines that: (1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal nable to expect that the entire Tax Parcel will be to 69.532 square feet. It is reaso served directly from the Hiatus Water Facilities. (2) This Tax Parcel has been classified as Water Facilities Directly Served Property. (S) Par el Na. 494107010014 Jinda L in . The Commission hereby legislatively finds and determines that: l This Tax Parcel abuts Hiatus Road and contains Parcel Area equa (1) to 162,775 square feet. It is reasonable to expect that the entire Tax Parcel will be served directly from the Hiatus Water Facilities. (2) This Tax Parcel has been classified as Water Facilities Directly Served Property. SECTION 3.03. FACTORED WATER SERVICE. AREA. The Factored Water Service Area for each Tax Parcel or portion thereof shall be computed as follows' Temp. Reso. #8649 Revision # 1page 23 of42 (q) If the Tax Parcel contains one Water Facilities Property Classification, the Factored Wat er Service Area shall be the amount computed by multiplying the Parcel Area for the Tax Parcel by the appropriate Water Facilities Impact Factor. If the Tax Parcel contains more than one Water Facilities Property Factored Water Service Area shall be the sum of the amount computed Classification. theortian of the each onion of the Tax Parcel by multiplying (1) the Parcel Area for each p for p Tax Parcel. by (2) the appropriate Water Facilities Impact Factor. ON 3.04. WATER FACILITIES COST COMPONENT. The Water SEGTI A the Com onent for each Tax Parcel shall be computed by dividing (A) Facilities Cost p Service Area, by (B) the total Factored Water Service Area for all Tax Factored Water the Capital Parcels in the North Section 7 Assessment Area, and multiplying the result by Cost of the Hiatus Water Facilities. ARTICLE IV HIATUS WASTEWATER FACILITIES SECTION 4.01. DESCRIPTION OF CLASSIFICATIONS. Based upon the location and configur ation of any specific Tax Parcel, portions of the Tax Parcel may be assigned to different Wastewater Facilities Property Classifications. In that event. the Factored Wastewater Se rvice Area for each portion of the Tax Parcel will be calculated separately and aggregated to compute the Factored Wastewater Service Area for the entire Tax Parcel- Once the Factored Wastewater Service Area for the entire Tax Parcel Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 24 of 42 is computed. the Assessment will be imposed against the entire Tax Parcel and no distinction will be made thereafter between portions of the Tax Parcel assigned to different Wastewater Facilities Property Classifications. Specific findings as to the Wastewater Facilities Property Classification and Parcel Area for each Tax Parcel in the North Section 7 Assessment Area are made in Section 4.02 hereof. A map of the North Section 7 Assessment Area depicting the Wastewater Facilities Property Classifications and Parcel Areas is attached as Appendix F hereto. (A) Wast water Facti E[cluded Pro (1) The Wastewater Facilities Excluded Property Wastewater Facilities Property Classification will include developed property, property that cannot be developed, property that is reasonably expected to be served by other wastewater collection facilities and City property acquired for road right -of --way. utility easements or open spare- (2) The Commission hereby legislatively finds and determines that property classified as Wastewater Facilities Excluded Property will have a Wastewater Facilities Impact Factor of zero percent. (g) Was ewater Facilities irectl Serve Pro (1) The Wastewater Facilities Directly Served Property Wastewater that the City reasonably Facilities Property Classification will include property expects to be served directly from the Hiatus Wastewater Facilities. Temp. Reso. #8649 Revision # 1. July 6, 1999 Page 25 of 42 (2) The Commission hereby legislatively finds and determines that P roperty classified as 1•`Jastewater Facilities Directly Served Property will have a Wastewater Facilities Impact Factor of 100 percent. SECTION 4.02. ASSIGNMENT OF OSSIFICATIONS. (A) Parcel No. 4941070 0 10 C Inves ments lnc . The Comrrksion hereby legislatively finds and determines that: ped and will derive no special benefit 1 This Tax Parcel has been develo from the Hiatus Wastewater Facilities- Tfied as Wastewater Facilities Excluded This Tax Parcel has been classi Property- The (B) P rce N 4941 7 010 T ma Busin s enter Inc . Commission hereby legislatively finds and determines that: special benefit (1) This Tax Parcel has been developed and will derive no from the Hiatus Wastewater Facilities. This Tax Parcel has been classified as Wastewater Facilities Excluded Property. (C) Pa rcel No. 494107080020 Sam and Nathan Butt rs . The Commission hereby legislatively finds and determines that: This Tax Parcel has been developed and will derive no special benefit (1) from the Hiatus Wastewater Facilities. Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 26 of 42 (2) This Tax Parcel has been classified as Wastewater Facilities Excluded Property. (D) Parcel No. 4941070$ 1 lAr h lumi u L. .. The Commission hereby legislatively finds and determines that: (1) This Tax Parcel has been developed and will derive no special benefit from the Hiatus Wastewater Facilities. (2) This Tax Parcel has been classified as Wastewater Facilities Excluded Property Parcel No. 4941070800 2 un Belt Precision Pro ucts. 1 c. - The Commission hereby legislatively finds and determines that: (1) eloped and will derive no special benefit This Tax Parcel has been dev from the Hiatus Wastewater Facilities. (2) This Tax Parcel has been classified as Wastewater Facilities Excluded Property. N 49410701 1 1 (Franci Re 1 C , The Commission hereby (F) Parcel legislatively finds and determines that: 1 This Tax Parcel abuts Hiatus Road and contains Parcel Area equal to Zq 3,278 square feet. It is reasonable to expect that the entire Tax Parcel will be served directly from the Hiatus Wastewater Facilities. (z) This Tax Parcel has been classified as Wastewater Facilities Directly Served Property. Temp. Reso. #8649 Revision # 1, July 6. 1999 Page 2-7 of 42 ( G) p r I No. 494107p60010 Noland Maur r . The Commission hereby legislatively finds and determines that: (1) This Tax Parcel does not abut Hiatus Road but does abut a City utility easement to Hiatus Road on its southern boundary and a City lift station not connected to the Hiatus Wastewater Facilities on its eastern boundary. This Tax Par cel is reasonably divisible into two areas, as shown in Appendix F. Area A contains Parcel Area equal to 92.780 square feet and Area B contains Parcel Area equal to 92.780 square feet. It is reasonable to expect that Area A will be served directly from the Hiatus Wastewater Facilities and Area B will be served from the City lift station not connected to the Hiatus Wastewater Facilities. Area A of this Tax Parcel has been classified as Wastewater Faciles Directly Served Property and Area B has been classified as Wastewater Facilities (2) Excluded Property. H Parcel No. 4941Q704 010 (James C. J cobson. Trus el. The Commission hereby legislatively finds and determines that: and N.W. (1) This Tax Parcel abuts Hiatus Road an its western boundary 67 th Street (which has wastewater collection facilities not connected to Hiatus Road) on its southern boundary. This Tax Parcel is reasonably divisible into two areas, as shown in Appendix F. Area A contains Parcel Area equal to 121,296 square feet and Area 8 contains Parcel Area equal to 121.296 square feet. it is reasonable to expect that Area A will be served directly from the Hiatus Wastewater Temp. Reso. #8649 Revision # 1. July 5. 1999 Page 28 of 42 Facilities and Area 8 will be served from wastewater collection facilities not connected to Hiatus Road. (2) Area A of this Tax Parcel has been classified as Wastewater Facilities directly Served Property and Area B has been classified as Wastewater Facilities Excluded Property. (►) Parcel No 49410701 022 (Weis . The Commission hereby legislatively finds and determines that: (1) This Tax Parcel does not abut Hiatus Road and does abut N.W. 67th Street (which has wastewater collection facilities not connected to Hiatus Road) on its southern boundary. This Tax Parcel contains Parcel Area equal to 97,689 square feet. it is reasonable to expect that the entire Tax Parcel will be served from the wastewater collection facilities not connected to Hiatus Road. (2) This Tax Parcel has been classified as Wastewater Facilities Excluded Property, (J) Parce 94107080 0 f am & Nathan Butt rs . The Commission hereby legislatively finds and determines that: Road and contains Parcel Area equal (1) This Tax Parcel abuts Hiatus to 39J28 square feet. It is reasonable to expect that the entire Tax Parcel will be served directly from the Hiatus Wastewater Facilities. (2) This Tax Parcel has been classified as Wastewater Facilities Directly Served Property. Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 29 of 42 (K) Pare No 4941 7 1 0 ' S ni Pio Inc.. The Commission hereby legislatively finds and determines that: (1) This Tax Parcel is a large irregular shaped parcel abutting Hiatus Road on its western boundary and Nob Hill Road on its eastern boundary. This Tax Parcel is reasonably divisible into three areas, as shown in AppendU F. Area A contains Parcel Area equal to 403,770 square feet. Area B contains Parcel Area equ al to 302.827 square feet and Area C contains Parcel Area equal to 302.827 wastewater collection facilities on its q s uare feet. In addition. Area B abuts existing wes tern boundary. It is reasonable to expect that Area A and Area C will be served directly from the Hiatus Water Facilities while Area 8 will be served from existing wastewater collection facilities. Area A and Area C have been classified as Wastewater Facilities (2) Directly en classified as Wastewater Facilities Dire Y Served Property while Area B has be Excluded Property. (�) Parc I No. 49410701Q�13 The Commission hereby legislatively finds and determines that: have access to (1) This Tax Parcel does not abut Hiatus Road, does not ual to 343,907 other wa stewater collection facilities and contains Parcel Area eq square feet. It is reasonable to expect that the entire Tax Parcel will be served directly from the Hiatus Wastewater Facilities. Temp. Reso. #8649 Revision # 1. July 6, 1999 Page 30 of 42 (2) This Tax Parcel has been classified as Wastewater Facilities Directly Served Property- (M) Par e1 N . 4941 7 1 qQ4 (Simon & R t s . The Commission hereby legislatively finds and determines that: (1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal to 296.333 square feet. It is reasonable to expect that the entire Tax Parcel will be served directly from the Hiatus Wastewater Facilities (2) This Tax Parcel has been classified as Wastewater Facilities Directly Served Property. n---rlieae Inn.). The Commission (N) P rc I No. 4941 Q7 hereby legislatively finds and determines that: 1 This Tax Parcel does not abut Hiatus Road, does not have access to () other wastewater collection facilities and contains Parcel Area equal to 292.952 e square feet. It is reasonable to expect that the entire Tax Parcel will be served directly from the Hiatus Wastewater Facilities. 2 This Tax Parcel has been classified as Wastewater Facilities Directly Served Property. Par el No. 49410701005 q ath rive Pisciotti and Marian e Winfield . The Commission hereby legislatively finds and determines that: Temp. Reso. #8649 Revision # 1. July 6, 1999 Page 31 of 42 1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal ( to 336.342 square feet. It is reasonable to expect that the entire Tax Parcel will be served directly from the Hiatus Wastewater Facilities. (2) This Tax Parcel has been classified as Wastewater Facilities Directly Served Property. (P) Parcel No. 4941 70 001 The Commission hereby legislatively finds and determines that: (1) This Tax Parcel abuts Hiatus Road and is reasonably divisible into two areas, as shown in Appendix F. Area A contains Parcel Area equal to 2,017,648 square feet and Area 8 contains Parcel Area equal to 356,056 square feet. It is q reasonable to expect that Area A will be served directly from the Hiatus Wastewater Facilities. Area B cannot be developed. 2) Area A has been classified as Wastewater Facilities Directly Served ( been classified as Wastewater Facilities Excluded Property and Area 8 has Property. (a) Parc I N . 4 410701 170 The Commission hereby legislatively finds and determines that: have access (1) This Tax Parcel does not but Hiatus Road but does not to other wastewater collection facilities. This Tax Parcel is reasonably divisible into two areas, as shown in Appendix F. Area A contains Parcel Area equal to 5 424 square feet and Area B contains Parcel Area equal to 445.142 square 1,33 , Temp. Reso. #8649 , Revision # 1, July 6, 1999 Page 32 of 42 feet. it is reasonable to expect that Area will be served directly from -the Hiatus Wastewater Facilities. Area 8 cannot be developed. (2) Area A has been classified as Wastewater Facilities Directly Seared Property and Area B has been classified as Wastewater Facilities Excluded Property. (R) Parcel No. 494107010 1 lJ se h Allan caplai3j. The Commission hereby legislatively finds and determines that: (1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal to 69,932 square feet. It is reasonable to expect that the entire Tax Parcel will be served directly from the Hiatus Wastewater Facilities. (2) This Tax Parcel has been classified as Wastewater Facilities Directly Served Property. (S) Parcel No. 494107010014 Ji a L.winl. The Commission hereby legislatively finds and determines that: -This Tax Parcel abuts Hiatus Road and contains Parcel Area equal (1) to 162,775 square feet. It is reasonable to expect that the entire Tax Parcel will be served directly from the Hiatus Wastewater Facilities. (2) This Tax Parcel has been classified as Wastewater Facilities Directly Served Property. RED WASTEWATER SERVICE AREA. The Factored SE CTION 4.03. FACTO Wastewater Service Area for each Tax Parcel shall be computed as follows: Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 33 of 42 q) If the Tax Parcel contains one Wastewater Facilities Property Classification, Factored Wastewater Service Area shall be the amount computed by multiplying the the Parcel Area for the Tax Parcel by the appropriate Wastewater Facilities Impact Factor. g If the Tax Parcel contains more than one Wastewater Facilities Property ( ) stewater Service Area shall be the sum of the amount Classification. the Factored Wa _ ach ortion of the Tax Parcel by multiplying (1) the Parcel Area for each computed fore p portion of the Tax Parcel, by (2) the appropriate Wastewater Facilities impact Factor. SECTION 4.04• WASTEWATER FACILITIES COST COMPONENT. The Wast ewater Facilities Cost Component for each Tax Parcel shall be computed by dividing (A) the Factored Wastewater Service Area, by (B) the total Factored Wastewater Service Area for all Tax Parcels in the North Section 7 Assessment Area, and multiplying the result by the Capital Cost of the Hiatus Wastewater Facilities. ARTICLE V ASSESSMENTS The proposed SECTION 5.01. DESCRIPTION OF ASSESSMENT AREA. half North Section 7 Assessment Area shall include the property located within: the North ction 7, City of Tamarac, County of Broward. The North Section 7 Assessment of Land 5e located Area is proposed for the purpose of improving the use and enjoyment of property Temp. Reso. #8649 Revision # I. July 6. 1999 Page 34 of 42 in b funding the construction of Hiatus Water Facilities and Hiatus Wastewater there. Y Facilities to provide access to potable water and wastewater treatment services. SECTION 5.02. IMPOSITION OF ASSESSMENTS. Assessments shall be ainst property located within the North Section 7 Assessment Area for each a imposed g Fiscal Year in which any portion of the Obligation remains outstanding, the amount of which sh all be computed in accordance with this Article V. When imposed, the Assessm ent for each Fiscal Year shall constitute a lien upon the Tax Parcels located in the North Section 7 Assessment Area, pursuant to the Ordinance. SECTIO N 5.03. PREPAYMENT AMOUNT, Upon adoption of the. Final t Resolution, an Initial Prepayment Amount for each Tax Parcel located within Assessmen the Water the North Section 7 Assessment Area shall be calculated as the sum of (1) Facilities Cos t Component attributable to such Tax Parcel and (2) the Wastewater Facilities Cast Component attributable to such Tax Parcel. SECTION 5,p4, COMPUTATION OFASSESSMENT5. Assessments will be each Fiscal Year in which any portion of the Obligation remains outstanding, imposed for authorized by the Uniform and collected an the ad valorem tax bill in the manner n Act. The annual Assessment shall be computed for each Tax Assessment Collection Authority). in Pa rcel, other than Parcel No. 494107010170 (8roward County Expressway the manner set forth in th is Section 5.04, The Assessment for Parcel No. 49410701017 sswa Authority) shall be payable in the manner set forth in Section (Broward County Expre Y 5,08 hereof. Temp. Reso. #8649 Revision # 1. July 6, 1999 . Page 35 of 42 pEBT SE VI AM t=lI� T. A "Debt Service Amount" shall be computed for (A) each Fiscal Year as the amount payable in respect of the Obligation_ ANN A BT SERV C FA T . An "Annual Debt Service Facto' shall (8) 1 the Debt Service Amount by (2) the be computed for each Fiscal Year by dividing ( ) Adjusted Prepayment Amount (or for the initial Assessment Roll, tKe aggregate aggregate ) Initial Prepayment Amount). . (C) ANNUAL DEBT SERVICE+ COMPON NT. The "Annual Debt Service Component" shall be computed for each Fiscal Year for each Tax Parcel by multiplying (1) the Adjusted Prepayment Amount (or for the initial Assessment Roll, the aggregate Initial Prepaymen t Amount) for such Tax Parcel by (2) the Annual Debt Service 'Factor. In addition to the amount computed in the manner described above, the "Annual Debt Service Component' shall include any Delinquency Amount for a prior Fiscal Year. shall () p C L E TION C ST COMPON NT. The "Collection Cost Component cel by (1) dividing (a) the Adjusted be comput ed each Fiscal Year for each Tax Par Prepayment Am ount and Delinquency Amount (or for the initial Assessment Roll, the Initial Prepayme nt Amount) for such Tax Parcel by (b) the sum of the aggregate Adjusted Prepayme nt Amount and Delinquency Amount (or for the initial Assessment Roll, the aggregate Initial Prepayment Amount), and (2) multiplying the result by the Collection Cost. (E) STATUTORY DISCOUNT A OUNT. The "Statutory Discount Amount" shall be computed for each Tax Parcel as the amount allowed by law as the maximum discount for early paym ent of ad valorem taxes and non -ad valorem assessments. such amount to Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 36 of 42 be calculated by deducting (1) the sum of (a) the Annual Debt Service Component and (b) the Collection Cost Component. from (2) the amount computed by dividing (a) the sum of (i) the Annual Debt Service Component and (ii) the Collection Cost Component, by (b) 0.96. (P) A ES MENT. The annual Assessment for each Tax Parcel shall be computed as the sum of (1) the Annual Debt Service Component, (2) the Collection Cost Component. and (3) the Statutory Discount Amount. (G) ADJUSTED PREPAYMENT AMO T. Upon issuance of the ad valorem tax bill for each Fiscal Year, the Adjusted Prepayment Amount for each Tax Parcel shall be computed by deducting (1) the amount computed by (a) dividing (i) the principal component of the Debt Service Amount utilized to compute the Debt Service Component for the Assessment Roll by (ii) the total Debt Service Amount utilized to compute the Debt Service Component for the Assessment Roll and (b) multiplying the result by the Annual Debt Service Component included on the Assessment Rail for the Tax Parcel. from (2) the Adjusted Prepayment Amount (or for the initial Assessment Roll, the aggregate initial Prepayment Amount) utilized to compute the Annual Assessment included on the Assessment Roll for such Tax Parcel. SECTION 5.05. INITIAL PREPAYMENT OPTION. (A) Following adoption of the Final Assessment Resolution. the City Manager shall provide first class mailed notice to the owner of each Tax Parcel subject to the Assessment of the owner's option to prepay all future annual Assessments, On or prior Temp. Reso. #8649 Revision # 1. July 6, 1999 Page 37 of 42 to the date on which the first annual Assessment Roll is certified to the Tax Collector, the owner of each Tax Parcel subject to the Assessment shall be entitled to prepay all future annual Assessments, upon payment of the Initial Prepayment Amount. (B) The amount of all prepayments made pursuant to this Section 6.05 shall be final. The City shall not be required to refund any portion of a prepayment if (1) the actual Capital Cost of the Hiatus Water Facilities and Hiatus Wastewater Facilities is less than the estimated Capital Cost upon which the Initial Prepayment Amount was computed, or (2) annual Assessments will not be imposed for the full number of years anticipated at the time of such prepayment. SECTION 5.06, ADDITIONAL. PREPAYMENT OPTION. The owner of each Tax Parcel subject to the Assessments shall be entitled to prepay all future unpaid annual Assessments upon payment of an amount equal to the Adjusted Prepayment Amount for such Tax Parcel. The amount of all prepayments made pursuant to this Section 5.06 shall be final. The City shall not be required to refund any portion of a prepayment if (1) the Capital Cost of the Hiatus Water Facilities and Hiatus Wastewater Facilities is less than the amount upon which such Adjusted Prepayment Amount was computed, or (2) annual Assessments will not be imposed for the full number of years anticipated at the time of such prepayment. ORY PREPAYMENT.. If at any time a tax certificate SECTION 5.07. MANDAT has been issued and remains outstanding in respect of any Tax Parcel subject to the Assessment. the owner shall prepay all future unpaid annual Assessments for such Tax Temp. Reso. #8649 Revision* 1, July 6, 1999 Page 38 of 42 Parcel if the City. at its sole option, elects to accelerate the Assessment. The amount required to prepay the future unpaid annual Assessments will be equal to the Adjusted Prepayment Amount for such Tax Parcel. The amount of all prepayments made pursuant to this Section 5.07 shall be final. The City shall not be required to refund any portion of a prepayment if (1) the Capital Cost of the Hiatus Water Facilities and Hiatus Wastewater Facilities is less than the amount upon which such Adjusted Prepayment Amount was ill not be imposed for the full number of years computed. or (2) annual Assessments w anticipated at the time of such prepayment. SECTION 5.08. 13ROWARD COUNTY EXPRESSWAY AUTHORITY. (A) In addition to the Obligation, the City will make an internal loan made to fund the Initial Prepayment Amount for Parcel No. 494107010170 (Broward County Expressway Authority). The internal loan shall bear interest at the same rate as the Obligation (5.00 percent per annum The principal of and interest on the internal loan described in Section 5.08(A) (B) compounded annually). hereof shall be assessed against Parcel No. 494107010170 (Broward County Expressway Authority). Since the property is in public ownership and does not pay ad valorem taxes, no annual Assessment will be charged; however, the Assessment (including principal and interest accrued to the date of payment) must be paid in full prior to any connection to the City's utility system. SECTION 5.09. REALLOCATION UPON FUTURE SUBDIVISION. Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 39 of 42 (A) Upon subdivision of any Tax Parcel subject to the Assessment, and compliance with the conditions set forth below, the Initial Prepayment Amount for such Tax Parcel (or, if the Obligation has been incurred, the Adjusted Prepayment Amount for such Tax Parcel) shall be reallocated among the subdivided parcels. (B) In order to have the Initial Prepayment Amount for such Tax Parcel (or, if the Obligation has been incurred, the Adjusted Prepayment Amount for such Tax Parcel) reallocated in connection with any subdivision of a Tax Parcel, the owner shall be required to apply to the City and comply with each of the following conditions: (1) a recorded plat. approved site plan or comparable document must be provided to the City sufficient in detail to describe adequately the location of the Tax Parcel and the individual parcels in the proposed subdivision; (2) the Property Appraiser must have assigned distinct ad valorem property tax identification numbers to each individual subdivided parcel or committed in writing to assign such numbers prior to the next ensuing August 1 or any later date approved by the City that will not prevent timely certification of the Assessment Roll in accordance with the Uniform Assessment Collection Act; (3) at the expense of the property owner, an appraisal must be provided by a City -approved "certified general appraiser," as defined in Section 475.611(9), Florida Statutes, which indicates the fair market value of the Tax Parcel prior to the subdivision and the fair market value of each individual subdivided parcel; in determining the fair market value of the individual subdivided parcels. the appraiser Temp. Reso. #8649. Revision # 1. July 6. 1999 Page 40 of 42 may take into consideration any infrastructure improvements that are then under construction if funds sufficient for their completion are secured to the satisfaction of the City Attorney of the City of Tamarac, Florida; , (4) a proposed reallocation of the Initial Prepayment Amount (or, if the Obligation has been incurred. the Adjusted Prepayment Amount) to each individual parcel must be provided to the City: provided however. that no portion of the Initial Prepayment Amount for. if the Obligation has been incurred. the Adjusted Prepayment Amount) may be reallocated to property proposed for dedication to the public or to common use of the subdivided parcels; (g) the fair market value of each separate parcel after the subdivision must be at least three times the amount required to prepay all special assessments imposed by the City against the Tax Parcel: and (6) the property owner may be required to pay an assessment reallocation fee to the City for each individual parcel resulting from the subdivision. in an amount to be established by resolution of the Commission. (C) If the owner of any Tax Parcel subject to the Assessment subdivides such Tax Parcel and faits to comply with the foregoing conditions, the City shall reallocate the Initial Prepayment Amount (or, if the Obligation has been incurred. the Adjusted Prepayment Amount) among the subdivided parcels, based upon the land value. without improvements, assessed to each subdivided parcel by the Property Appraiser. At its sole option. the City may obtain an appraisal of the subdivided parcels at any time and Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 41 of 42 . reallocate the Initial Prepayment Amount (or. if the Obligation has been incurred, the Adjusted Prepayment Amount) based upon the land value. without improvements, reflected in the appraisal. If an appraisal is obtained, the cost of the appraisal will be allocated among the subdivided parcels on the basis of the value reflected therein and added to the Annual Debt Service Component of the Assessment for each subdivided parcel in the Fiscal Year following receipt of the appraisal. It is hereby found and determined that the foregoing method of reallocating the Initial Prepayment Amount (or, if the Obligation has been incurred. the Adjusted Prepayment Amount) among subdivided parcels is fair and reasonable. taking into consideration the opportunity for reallocation available to the owner and the requirement to provide adequate security for the Obligation. ARTICLE VI GENERAL PROVISIONS SECTION 6.01: METHOD OF COLLECTION. In the first year the Assessment is imposed, the Assessments shall be collected pursuant to the alternative method of collection described in Section 6-75 (b) of the Ordinance. Thereafter, the Assessments shall be collected pursuant to the Uniform Assessment Collection Act. As provided in Section 6-74 (b) of the Ordinance. the amount of an Assessment to be collected pursuant to the Uniform Assessment Collection Act in the second year shall include any Delinquency Amount. Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 42 of 42 SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTIOV 4: If any clause. section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part of application. it shall not affect the validity of the remaining portions or applications of this Resolution. a5L ITID N : This Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this-• - day of July, 1999. ATTEST: Joe Schreiber Mayor Carol Gold, GWIAAE City Clerk I HEREBY CERTIFY that I eopproved this R s tion s*��'Y- /` + MitchelV 1. City Atty UUlities:MW:aml RECORD OF CG MAYOR S�CHREI DIST 1: COMM. DIST 2: v.. /M L41EE DIST 3: amCOMM. DIST 4:.�.- v To Be Published Temp. Reso. # OW Appendix A [MAP OF NORTH SECTION 7 ASSESSMENT AREA] NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Tamarac. Florida, will conduct a public hearing to consider creation of the North Section 7 Assessment Area, as shown above, and to impose special assessments against certain parcels of property located therein. The hearing will be held at 9:00 A.M., or as soon thereafter as the matter can be heard, on August 25, 1999, in the City Commission Chambers of City Hall at 7525 Northwest 88th Avenue, Tamarac, Florida for the purpose of receiving public comment on the proposed North Section 7 Assessment Area and assessments_ In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at 954/724-1200 at least 3 days prior to the hearing. All affected property owners have a right to appgar at the hearing and to file written objections with the City Commission within 20 days of this notice, If a person wishes to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person 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 the be made. r Temp. Reso. # 8649 Appendix A The Assessments have been proposed to fund construction of distribution and collection facilities for potable water and wastewater. The assessment for each parcel will be based upon its benefit from the proposed construction of the facilities. of property Amorespecific description is set forth in the Initial Assessment Resolution adopted by Commission on 1999. Copies of the Initial Assessment Resolution. the Ci tY the plans and specifications for the water distribution and wastewater coliection ' and the preliminary Assessment Roll are available for inspection at the City facilities , Clerk's office, located at City Hall, 7525 Northwest 68th Avenue. Tamarac. Florida. tax bill, as authorized by The assessments will be collected on the ad valorem Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The City annual assessments, the first Commission intends to collect the assessments in . lied in November 1999. of which will be included on the ad valorem tax bill to be ma owner. Future annual assessments may be prepaid at the option of the property 4R2�- If you have any questions. please contact the City Managers office at 95 1230, Monday through Friday between 9:00 a.m. and 5'00 p.m. CITY OF TAMARAC, FLORIDA 7525 Northwest 88th Avenue Tamarac, Florida 33321 ,1999 (Property Owner Name] (Street Address] [City, State and zip] Re: Tax Parcel Number (Insert Number] North Section 7 Assessment Area Temp. Reso. # 8649 Appendix B Dear Property Owner: As you should be aware, the City of Tamarac is planning to create property- assessment area to provide and/or improve water and wastewater service to yourHiatus distribution and wastewater collection facilities will be constructed along Hiatus Road to provide this service. The cost of these facilities will be funded by assessments against the property to be served. The City Commission will hold a public hearing at 9:00 A.M., or as soon thereafter as the matter can be heard. an August 25, 1999, in the City Commia, for ssio u Chambers of City Floriose of receiving Hall located at 7525 Northwest s$e assessments, collection on the d valorem tax bill. comments on the proposed aen You are invited to attend and participate in the public hearing or to file w tt r during the hearing. If y o appeal any with the City Commission prior to aat the decision made by the City Commission with respect to any mattersue that a verbatim hearing, you will need a record of the proceedings and may need to a the appal is to be record is made, including the testimony and evidence upon ou need a special made. In accordance with the Americans with Disabilities Act. rase contact theClty accommodation or an interpreter to participate in this proceeding, p Clerk's office at 9541724-1200 at least 3 days prior to the hearing. area of the propel. and the level The Assessment will be based on the geographic ls of benefit derived from the water and wastewater facilities. To reflect QNecer different and a of benefit each parcel of property will receive, a Factored W areal. in order to "Factored Wastewater Service Area" will be calculated foveach tegQdZed Separately calculate the factored service areas, each parcel of property i1 Temp. Reso. It 8649. Appendix 8 for water and wastewater facility purposes. The water facility categaries consist of "Excluded Property," "Directly Served Property" and "Other Benefited "Proper y." he wastewater facility categories consist of "Excluded Property"andand construction Property."These categories provide an equitable method of apportioning costs among the properties that receive the most benefit from the construction of additional water and wastewater facilities. The Excluded Property classification will include developed property, property that cannot be developed, property that is reasonably expected to be served by"other water or wastewater facilities and City property acquired for road right-of-way, utility easements or open space. The Directly Served Property classification will include property that the City reasonably expects to be served directly from the applicable water acilitieor and wastewater reflecfacilities. The Other Benefited Property classification applies only t s . increased the improved level of water service (greater reliability, improved v�rater pressure volume, better water quality and a reduction of the likelihood of service interruption) to be provided by the Hiatus Road facilities. To reflect the different levels of benefit the different property classifications will receive from the water and wastewater facilities, the following factors will be applied ea and against the size of the property to calculate the Fa sec Excluded Property. 1 p ed Water Service r percent for Factored Wastewater Service Area: zero percent for Oirectly Served Property and 33 percent for Other Benefited Property. A more specific description of the assessment program is set forth 9 Copies of Assessment Resolution adopted by the City Commission on __5 0 ater distribution � the Initial Assessment Resoiution, the plans and specifications for the w and collection facilities, and the preliminary Assessment Roll are available for co r review at the City Clerk's office located at 7525 Northwest 88th including Ta its classification. Information regarding the assessment for your specific property, is attached to this tatter. This The City intends to retake an in loan to finance this assessment over a period1of --� will permit the cost attributable to your property your to $� ssment in full at any time. years. However, you may choose to prepay The annual assessment will include your share of the principal, intThe City intends erest. collection cost, and the amount the City discounts receipts for its annual 9 a your to include annual assessments an your ad valoteR►tax bill. property Which may result assessments will cause a tax certificate to be issued against thep in a loss of title. Temp. Reso. # 8649 Appendix B Questions regarding your assessment and the process for collection may be directed to Michael Woika in the City's Utility Department at CITY CLERK OF TAMARAC, FLUKIDA Temp. Reso. 9 8649 Appendix 8- • ` SEND NO MONEY NOW. THIS IS NOT AN INVOICE " * * NORTH SECTION 7 ASSESSMENT AREA Parcel Information: (Property owner Name) Tax Parcel Number [Insert Number] Total Parcel Area (sq. feet): [Insert Number] Water Facil'tie Ass s m nt; [Insert Classification] Water Facilities Classification [Insert Factor] Water Facilities impact Factor [Insert Number] Factored Water Service Area [Insert Amount] Water Facilities Assessment Was %awa or Facill itIe AssessmQ [insert Classification] Wastewater Facilities Classification [insert Factor] Wastewater Facilities Impact Factor [Insert Number] Factored Wastewater Service Area [insert Amount] Wastewater Facilities Assessment tal Asse sme : [Insert Amount] Initial prepayment amount: Number of annual payments: [Insert Amount] Maximum annual payment: November 1999 Expected date of first bill: [Insert Amount] Total amount of annual payments: November Expected date of last bill: * w • * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE" 13 CITY OF TAMARAC, FLORIDA 7525 Northwest 88th Avenue Tamarac, Florida 33321 11999 (Property Owner Name] (Street Address] (City, State and zip] Re: Tax Parcel Number (insert Number] North Section 7 Assessment Area Temp. Reso• #8649 Appendix C Dear Property Owner: As you should be aware, the City of Tamarac is planning to create an assessment area to provide and/or improve r collection faciwater and �t'esawill be constructed ct d ter service to your properly. Water distribution and waste along Hiatus Road to provide this service. The cost of these facilities will be funded by assessments against the property to be served. public hearing The City Commission will hold a p 9 at 9:00 A.M., or as soon thereafter as the matter can be heard, on August 25, 1999. in Tam CF.o Huston on Chambers of City Hall located at 7525 Northwest 88th Avenue,the purpose of receiving comments on the proposed d assessments, ss nts, including cluding collection hearing n9 on the ad valorem tax bill. You are invited to attend an participate ior to or during the hearing. If or to file written objections with the made bm theion CityCrommis•sion with respect to any you decide to appeal any decisionY and may matter considered at the hearing, you Wtllneed made, including the record of htestimony land evidence need to ensure that a verbatim record is upon which the appeal is to be made. In accordance with the Americans a to th Disabilities Act, if you need a special accommodation or an interpreter to participate 3 days this proceeding, please contact the City Clerks office at 95411 prior to the hearing. The Assessment will be based on the geographic area of the reflect the and the level of benefit derived from the water and wastewater facilities. d Wat rCServidifferent e' A�Q�t levels of benefit each parcel of property will receive, a Fact excel a order and a "Factored Wastewater Service Area" will be calculated for each willbecategorized to calculate the factored service areas, each parcel of property insert subarea description f separately for water and wastewater facility pup each specific parcel.] The areas assigned for purposes of the water facilities an wastewater facilities are shown on the attached maps, Prope" "Directly Served PropertYI• The waterfacility Benefited Property." es nsist of "EiclueThe wastewaaecfacility categories consist of "Excluded and "Otherefi Temp. Reso. 98649 Appendix C. categories provide an equitable Property" and Directly served Property.' These cats 9 erties that receive the method of apportioning tre constru:tion costs among the prop most benefit from the construction of additional water and wastewater facilities. The Excluded Property classification will include expected developed to be served by other that cannot be developed. property that is reasonablyacquired for road right-of-way, utility water or wastewater facilities and City property classification will include easements or open space. The Directly Served Property property that the City reasonably expects to be served rty classification directlfrom the aappliesl only to or wastewater facilities. The Other Benefited Propertyteeter reliability, water facilities and refle improved water pressure. increased thesimproved volume, better bette� -servicef water water qualityand a reduction of the likelihood of service interruption ) to be provided by the Hiatus Road facilities. To reflect the different levels of benefit the different property classifications will receive from the water and wastewater facilities, the following factors will be applied against the size of the prcpertY to calculate the FacExclud d Pr perty, 1a ater Service Area percentfor the Factored Wastewater Service Area: zero percent for ne Directly Served Property and 33 percent for Other Benefited Property. A more specific description of the assessment poogr rn is set forth n an the Copies Initial Assessment Resolution adapted by the City Commission h of the Initial Assessment Resolution, the plans nandspecs catsent Ra11 are avai able distribution and collection facilities, and the prelims ry A orthwest 8th Avenue, for your review at the City Clerk's office located 5smentbfoN o ur spe8 fc property.Tamarac, Florida. Information regarding the ass including its classification. is attached to this letter. The City intends to make an internal loan to finance this irtized over assessment period of This will permit However=Lhbutable to , You ou may chooseour property to be to prepay our assessment in full at any time. years. H Y The annual assessment will include your share of the principal, interest, discounts receipts for its annual budget. The collection cost, and the amount the City which Cityintends to include annual assessments on your ad valorem �e P Failure pa your assessments will cause a tax certificate to be issuedagainst may result in a loss of title, t and the process for collection may be Qu estions regarding your assessmen directed to Michael Woika in the City's Utility Department at CITY CLERK OF TAMARAC, FLORIDA Temp. Reso. • * * " SEND NO MONEY NOW. THIS IS NOT AN INVOICE " '" " Mpe NORTH SECTION 7 ASSESSMENT AREA (to be individualked for each specific P=Ccll Pared 1nf t o ` CProperty Owner Name] Tax Parcel Number (Insert Number] Pared Area (sq. feet) WAler Faer " e Water Facilities Cl sification Water Facilities impact Factor Factored Water Service Area Water Facilities Assessment TOTAL [men] CInsertl PARCEL A [gut] Chen] (Insert] (Insert] PARCEL. (Itv�l [insert] Umeal U=ert) PARCEL IG [luscr*l [Imen] [Tmext] CTseal es en : ail D l Wastewater Facilities Classification [Ins��] ans�] WastewatWastewater Se viceFactor (insert] [��l C��] Cw�l Factored Wast water Facilities Assessmmn Closet] Ida l AlLe : Amount] Initial prepayment amount (excludes financing cost): Amount] Adjusted prepayment amount (includes financing cost): Number of annual payments: Unsert Amount] MLdmatm annual payment: November 1999 Expected data of first bill: [Insert Amount] Total amount OfAnmW payments: November Expected date of last bill: * * • * ' * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * • FA Temp. Reso #864! Appendix.E CITY OF TAMARAC, FLORIDA 7525 Northwest 88th Avenue Tamarac, Florida 33321 [Property Owner Name] [Street Address] [City, State and zip] Re: Tax Parcel Number [Insert Numberl North Section 7 Assessment Area Dear Property Owner: As you should be aware, the City of Tamarac is planning to create ar assessment area to provide and/or improve water and wastewater service to you' property. Water distribution and wastewater collection facilities will be constructer along Hiatus Road to provide this service. The cost of these facilities will be funded by assessments against the property to be served. The City Commission will hold a public hearing at 9:oo A.M., or as soon thereafter as the matter can be heard, on August 25, 1999, in the City Commission da, f0l Chambers of City Hall located at 7525 Northwest t38th Avenue. Tamarac, the purpose of receiving comments on the proposed assessments, including collection ion ri on the ad valorem tax bill. You are invited to attend and participate ateor n the hli h a ng or to file written objections with the City Commission prior III you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a ord ° he testimony f the rand evidence need to ensure that a verbatim record is mas and ma*y de, including upon which the appeal is to be made. In accordance with the Americansat itt' Disabilities Act, if you need a special accommodation at g�interpreter R24 12QQt�tPeast 3 day: ir this proceeding, please contact the City Clerk's prior to the hearing. The Assessment will be based on the geographic area of the property and the level of benefit derived from the water and wastewater facilities. To Water Service the rvt dii Area fferen levels of benefit each parcel of property will receive, a el. In orde and a "Factored Wastewater Service Area" will be calculated for each 1pararcbe categorize+ to calculate the factored service areas, each parcel of property separately for water and wastewater facility purposes. The water facility categoriel „ "and "Other Benefrte� consist of "Excluded Property, "Directly Served Property an Property." The wastewater facility categories consist of "Excluded eq uitable method G "Directly Served Property," These categories provide a apportioning the construction costs amond the properties that receive the most benef from the construction of additional water and wastewater facilities. Temp, Reso #8641 Appendix [ The Excluded Property classification will include developed property, prop' that cannot be developed. property that is reasonably expected to be served by tithe water or wastewater facilities and City Property d pforclassificati nfwill yincludt easements or open space. The Directly Served Property from the applicable wale property that the City reasonably expects to be served directly applies only tc or wastewater facilities. The Other Benefited propertyservice(greater reliability water facilities and reflects the improveda reduction of thi volume, better water quality and level of water improved water pressure, increased o likelihood of service interruption ) to be provided by the Hiatus Road facilities. To reflect the different levels of benefit the different property Classifications wii the following factors will be app lies receive from the water and wastewater facilities, against the size of the property to calculate the Fact°fed Water Service Area and tht uded Property, �0 Percent fo Factored Wastewater eSe � d �3rpercent foa' zero r Other Benefited Properhl- Directly. Served Prop rty A more specific description of the assessment program is set forth the h Cople, Assessment Resolution adopted by the City Commission on t Roil are available of the Initial Assessment Resolution, the plans andAesessrrtetnons for the wate distribution and collection facilities, and the p care nary or our review at the City Clerk's office located astn75�#5 Northwest ec�� property ue f Y g the asses for Tamarac, Florida. Information regarding Including its classification, is attached to this letter. The City intends to make an internal loan to finance your property's share of the cost, which will bear interest at the rate of 5.00 percent per annum, campoundes any. .The Assessment (including principal of the i n e �QnneCtion oloan and f the City$ u Iifi to the date of Payment) must be paid in full prior to any system. t and the process for collection may 10 Questions regarding your assessmen directed to Michael Woika in the City's Utility Department at CITY CLERK OF TAMARAC. FLORIDA • .1 µyti �• •� �ti td'\ 1 .L:fa,13 �•�, �ii _.f�..iLti•�I•.�Y t-'�•�.. M, .. �. �P/\\. •?ter .!••• •_ pitrr.�•: �t'R/�•S .ii!'11 •.. \i •ter; •'.4'-,j• • •..� iy�'aT.X,^i./••.�!: `•ijr:tir:t.t��Ti:'��r1..'r ;r.:t_. ;��_'.F :.`f':; .•�.;.,•� : t �t}3• .:,sir : ."'�Y' r'1�3s`����:r�:�•;ir:'�e .`` ni:���.' ,"••y~-:. � '• ... r, 7i:.s!•.i;..`�-2-✓;sy° liirrt.."Y�f.t.:r1t=.r is ��'°�Tl+� +' • v '1'y • �- ... • Syr; • • �- � • y.-• �� Temp. Rosa « + « « SEND NO INIONEY NOW. THIS IS NOT AN VNVOICE * • " *App' NORTH SECTION 7 ASSESSMENT AREA brrei '[nfor a loth [prop�y Owner Name] Tax Farcel Number [Insert Num en Total Parcel Area (sq. feet): [Lis Number] Wr;1y"11*16 ; Water Facilities Classification Water Facilities Impact Factor Factored Water Service Area Water Facilities Assessment we n:ater_Facilitie senM911r, 'Wastewater Facilities Classification Wastewater Facilities impact Factor Factored Wastewater Service Area Wastewater Facilities Assessment Initial prepayment amount: Number of annual payments: Maximum annual payment: Expected date of first bill: Total amount of annual payments: Expected date of last bill: (Insert Classification] [Insert Factor] . (Insert Number] (Insert Amount] [Insert Classification] [insert Factor] [insert Number] [Insert Amount] [Insert Amount] (Insen Amount] November 1999 [insert Amount] November _____ * * * * * SEND NO MONEY NOW. THIS IS NOT AN VOICE* • '' i' f s.r. gip,►, ,;.: -1 'r. 4S�!'•'i �(,•� -r.. _jai: .S.� Y�•1��• . . • '. .'� rid.:.• �'•//yw•. t�l=ll r �•.... .•� ;�:,�'•, i \Y• ••�•" �. •� •' .•�I.C/( � .k .1y ark:.. r.• J.`� �` ,..":y:. •L,'y'Y.r>�:.'-.• F.`�;•l.lcsri.�r�i•!t �1�!' -ti. j.vt '�.. x. y� �r.r,l': ii. a ••a•. .:rrri�� tr:.st''.- ,••/ . .•1 F Obf I. •'� •. . rX.ly' t �ISa:' ~ w : i�i r: ' .: : aiw.•:•'• F•A:-v. ..i?'��� �' ' +••,.. ••i •►ram. •1.:., t..'• i - ; �- .. +.S• ":. - • • i• I. ;p'S . r �..� 'NI•'sh • "EXHIBIT C" Temp. Reso. #8117, August 25. 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO.99-2�/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY, OF TAMARAC, FLORIDA, RELATING TO THE CONSTRUCTION OF AND FUNDING OF WATER DISTRIBUTION FACILITIES AND WASTEWATER COLLECTION FACILITIES; CREATING THE NORTH SECTION 7 ASSESSMENT AREA: AMENDING AND CONFIRMING THE INITIAL ASSESSMENT RESOLUTION: ESTABLISHING THE MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT FOR EACH TAX PARCEL: IMPOSING ASSESSMENTS AGAINST PROPERTY WITHIN THE NORTH SECTION 7 ASSESSMENT AREA; APPROVING THE ASSESSMENT ROLL: PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE AT . WHEREAS, the City Commission (the "Commission") of the City of Tamarac. Florida, enacted Ordinance No. 0-99-12 on June 23. 1999 (the "Ordinance"). to provide for the creation of assessment areas and authorize the imposition of special assessments to fund the construction of local improvements to serve the property located therein; and WHEREAS, on July 14, 1999, the Commission adopted Resolution No. R99-189. the Initial Assessment Resolution, proposing the creation of the North Section 7 Assessment Area and describing the method of assessing the cost of Hiatus Water Facilities and the Hiatus Wastewater Facilities (as defined therein) against the real property that will be specially benefitted thereby, and directing preparation of the tentative Assessment Roll and provision of the notices required by the Ordinance: and Temp. Reso. #8717. August 25, 1999 WHEREAS, pursuant to the provisions of the Ordinance. the City is required to confirm or repeal the Initial Assessment Resolution, with such amendments as the Commission deems appropriate. after hearing comments and receiving objections of all interested parties; and WHEREAS, the Assessment Roll has heretofore been filed with the office of the City Cleric, as required by the Ordinance; and WHEREAS, as required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices A and B 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; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to create the North Section 7 Assessment Area, amend the intial assessment resolution, and impose assessments against property within the assessment area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA. AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance. Chapter 166, Florida Statutes, and other applicable provisions of law. Temp. Reso. #8717. August 25, 1999 §,ECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution - as defined in the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. &ECTION 3. AMENDMENT TO SECTION 5.01 OF THE INITIAL ASSESSMENT RESOLUTION. Section 5.01 of the Initial Assessment Resolution is hereby amended to read as follows: SECTION 5.01, DESCRIPTION OF ASSESSMENT AREA. The proposed North Section 7 Assessment Area shall include the property located within the North One -Half of Section 7, Township 49 South, Range 41 East of Broward County, Florida. The North Section 7 Assessment Area is proposed for the purpose of improving the use and enjoyment of property located therein by funding the construction of Hiatus Water Facilities and Hiatus Wastewater Facilities to provide access to potable water and wastewater treatment services. SECTio 4. CREATION OF THE ASSESSMENT AREA. The North Section 7 Assessment Area is hereby created to include the North One -Half of Section 7, Township 49 South, Range 41 East of Broward County, Florida. The North Section 7 Assessment Area is created for the purpose of improving the use and enjoyment of property located therein by funding the construction of the Hiatus Water Facilities and Hiatus Wastewater Facilities to provide access to potable water and wastewater treatment services. SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution is hereby ratified and confirmed. Temp. Reso. #.3717, August 25. 1999 CT10N 6. APPROVAL OF ASSESSMENT ROLL. The.Assessment Roll, a copy of which is attached hereto as Appendix D. is hereby approved. SECTIO-17 ASSESSMENTS. (A) The Tax Parcels described in the Assessment Roll are hereby found to be specially benefitted by the construction of the Hiatus Water Facilities and Hiatus Wastewater Facilities 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 for a period of five (5) years, commencing November, 1999 as follows: Initial Maximum Annual Parcel Number Prepayment Amount As sessment Amount fi 484107010012I $ 72,208.17 $ 32 ,052.01 90010013I $ 24, [03.701 S4417 4900118.047.11 S 4,475.61 4170014i $ 494107010015 $ 7,753.46 $ 1,922.83 I 494107010022 $ 1,920.35 $ 476.24 I 494107010040 $ I9 32,854.69 $ 8,147.137 494107010050 i $ 37,290.75 $ 247.95. 494107010151 $ 22,537.74 S 5,589.26 494107010170 $ I 94,761.90 $ 23,500.54 4941070200101 $ " I $ Temp. Reso. #8717. August 25, 1999 494107Q40010 $ 15,832.70 $ 3,925.44 494107050010 $ 20.788.63 $ 5,155.49 494107060010 S 8,407.53 $ 2,085.03 494107080010 $ $ 4§4107080020 $ 3,557.35 $ 882.21 494107080021 $ $ 494107080022 $ - $ 4941670900101 S 223,699.71 $ 55,476.57 (B) Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the Assessments shall constitute a lien against assessed 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 Commission of the Annual Assessment Resolution and shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. SECTIONS. COLLECTION OF ASSESSMENTS. In the first year the Assessment is imposed, the Assessments shall be collected pursuant to the alternative method of collection described in Section 3.02 of the Ordinance. Thereafter, the Assessments shall be collected pursuant to the Uniform Assessment Collection Act. As provided in Section 3.02 of the Ordinance, the amount of an Assessment to be collected pursuant to the Temp. Reso. #8717, August 25, 1999 Uniform Assessment Collection Act in the second year shall include any Delinquency Amount (as defined in the Initial Assessment Resolution). Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the City Clerk shall cause 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. SECTION 9. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment 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, the levy and lien of the Assessments and the terms for prepayment of the Assessments) unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Commission action on this Final Assessment Resolution. SECTION- PREPAYMENT NOTICE. The City Clerk is hereby directed to provide notice by first class mail to the owner of each Tax Parcel described in the Assessment Roll of the opportunity to prepay all future annual Assessments, without additional financing cost. The notice, in substantially the form attached as Appendix C, shall be mailed to each property owner at the address utilized for the notice provided pursuant to Section 2.05 of the Initial Assessment Resolution. SECUQN 11. ASSESSMENT NOTICE. The City Clerk is hereby directed to record this Resolution as notice of the Assessments in the Official Records Book in the office of the Broward County Clerk of Courts. The preliminary Assessment Roll and each annual Assessment Roll shall be retained by the City Clerk and shall be available for public Temp. Reso. #8717, August 25. 1999 inspection. S&S;TIQN 12. CONFLICTS. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SF.CTIgN1 . SEVERABILITY. If any clause. section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 14. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 22nd day of September, 1999. ATTEST: CAROL GO , CMC/AAE CITY C RK I HEREBY CERTIFY that I have approved this SOLUTION as to form. MITCHELL S. CITY ATTO a JOE SCHREIBER MAYOR aEGORD OF COMMISSION MAYOR SCHR D15T 1 � C � [)1ST V ISHKIN MMM v� DIST 3: COMM.ANOF ao DIST 4: COM u a u � v x u + is Uti w Ow y� u Ea.� A 0 V V IN w c 'Pomp. Raao• 08717 Appendix A .I 0 I A u ■ Q � u ■ O ^+; a u L: r a ■ uIL f IL � Q L 8 3 F. {� �1 Q Y t w � e u M r ~ � oVr M Y V ~ M yA ■ u p m u qa IL I r M u V � j k Temp. Reso. #8717 Appendix AFFIDAVII OF MAILING STATE OF FLORIDA COUNTY OF LEON BEFORE ME, the undersigned authority, personally appeared Camille S. Gianatasio, who, after being duly swom, deposes and says: 1. I, Camille S. Gianatasio, have been designated by the City Manager of the City of Tamarac, Florida, to mail the notices required by Section 2.05 of Resolution No. R99-189, adopted by the City Commission of the City of Tamarac, Florida, on July 14, 1999 (the "Initial Assessment Resolution"), 2. On or before August 4, 1999, 1 mailed, or directed the mailing of, a notice in accordance with Section 2.05 of the Initial Assessment Resolution by first class mail, to each owner of property within the North Section 7 Assessment Area in conformance with the requirements of Ordinance No. 0-99.12, enacted by the City Commission of the City of Tamarac, Florida. 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. Affiant B-1 I r Ire,r,er�AIM AMW raorw�ow+�rr � � I _ p„rrgMr rOwaMrr AcournOM wrrtar�a � . r- City of Tamarac Utilities System Assessment Program (MAP of NORTH S1=C110N 7 ASSESSMENT AREA) NOTICE OF HEARING TO IMPOSE AND -PROV COLLECTION OF SPECIAL ASSESSMEI FOR of Tamarac, Florida, vvil Notice is hereby given that the City. Commission of the Cityas a public hearing to consider Creation of the North Section 7 Ass�se� cftPrpP° above, and to impose special assessments against certain p e� t0 therein. The hearing Wnllthe City Comm ssi n,or soon theChambers of Cl ireafterHall at 7525 Nortas the matter canfi^r' on August 25, 199 , Avenue, Tamarac, e sment Area purpose d ssessfinents. In axa accordance common h the Ament on the d North Section 7 Assess Disabilities Act, persons the City Clerk's office at 954/724 1200 at least 3 days ecial accommodation or an interpreter to partc this proceeding should contact the hearing. All affected property owners have aright to appear at the hearing an ommiwrith sioner written objections with the Ci made bysi the City Comm ssiion r with reap d to wishes to appeal any decision considered at the hearing, such a person will need a record the pros need to ensure that a verbatim record is made, including teastimony and widen which the appeal is to be ma The Assessments have been proposed to fund construction of distribution of p P facilities for potable water and wastewater. The assessment for each parcel et City OM be based upon its benefit from initial Assessment osed cc Reso ution adopted nstruction of the by the A more COVT description is set forth in the Assessment RON a wwt on July 14. 1999, Copies of the olnl facilities and the p elo'�m nary he pions for the bution and wastewater collection Hall. 7525 Northw' able for inspection at the City Cleric's office, located at City Avenue, Tamarac, Florida. The assessments will be collected p nathlhe a5 elssme is wworem tax illllcause attax c rtitic- 197,3632, Florida Statutes. Failure t pay fe aid at the ' Issued against the property which may result assessments title. p P ommiss or to collect the assessments in five (5) the property owner. 1f you have an questions, please contact the Utilities Department office at 9 � Monday through Friday between 8:00 a.m. and 5:00 P.M. CAROL GOLD. C Crry CLERK OF TAMARAC. F Temp. Reso. #8717 Appendix C CITY OF TAMARAC, FLORIDA 7525 Northwest 88th Avenue Tamarac, Florida 33321 [Insert Date] [Property Owner Name] [Street Address] [City, State and zip] Re: Tax Parcel Number [Insert Number] North Section 7 Assessment Area Dear Property Owner: The City Commission of the City of Tamarac, Florida recently established and approved a special assessment for water distribution and wastewater collection facilities within the North Section 7 Assessment Area. This type of financing where the property owners participate in the cost of the program is used throughout Florida and is consistent with the policy of the City of Tamarac. The assessments will initially be collected by a special bill mailed directly to the property owners containing a brief explanation of the assessment, a description of the units used to determine the amount of the assessment, the number of units attributable to your tax Parcel. the total amount of the tax parcel's assessment for the period. payment information and a statement that the assessment constitutes a lien against your property in equal rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. After the first year, the assessments in five (5) be collected on the ad valorem tax bill. The assessments will be pay annual installments, the first of which will be mailed in November, 1999. Failure to Pay the assessments will cause a tax certificate to be issued against the property, may result in a loss of title. The City has financed this project with an internal loan. This will permit the cost attributable to your property to be amortized over a period of five (5) years. However, you may choose to prepay your assessment in full at any time to avoid additional interest. The amount required to prepay the assessment on or prior to (insert prepayment date) is {insert amount). After (insert prepayment date), the amount required to prepay the assessment will be increased to include additional interest on the loan. STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me by Camille S. Gianatasio, who is personally known to me or who has produced as identification and did (did not) take an oath. WITNESS, my hand and official seal this _ day of r _ . A.D•, 1999. Signature of person taking acknowledgment Name of acknowledger (printed) My commission expires: Teeip. Reso. as Appendix D Parcel Number Properly Water Wastewater Total Assessment Assessment Assessmen Owner prea ment Prepayment Prepa meni 494107020010 JQC Investments. Inc. 0 0 I 494107080010 Tamarac Business Center, Inc. 0 0 � 494107080020 Sam and Nathan Butters 0 0 I 494107080021 Arch Aluminum, L.C. 0 0 494107080022 sun Belt Precision Products, Inc. 0 0 i 494107010181 Francis Realty Corp. $12,109.11 $10,428.63 $22,537.7-d 494107060010 Yolanda Maurer $3,647.70 $4,759.83 $8,407.5� 494107040010 James C. Jacobson, Trustee $9,609.93 $6,222.77 $15,832.7C 494107010022 Weisz $1,920.35 $0.00 $1,920.35 494107080020 Sam and Nathan gutters $1,550.00 $2,007.35 $3,557.35 494107010012 Sani Pip, Inc. $35,958.10 $36,250.07 $72,208.17 484107010013 Archbishop Coleman F. Carroll $6,760.47 $17,643.23 $24.403.70 494107010040 Simon and Ruth Ash $17,652.32 $15.202.57 $32,854.89 494107050010 Janis Florida Properties, Inc. $5,759.00 $15,029.63 $20,788.63 494107010050 Catherine Pisciotti 3 Marianne Winheli S20,035.62 S17,255.13 $37,290.75 494107090010 Southeast Property Acquisition $120,189.68 S103,510.03 $223,699.71 494107010170 6roward County Expressway Author IIp $25,251.55 568,510.35 $94,761.9C 494107010015 Joseph Allan Caplan $4,165.79 $3,557.67 $7,753-46 494107010014 Jinds Lwin $9,696.38 $8,350.74 $18,047.12 Total $275,306.00 5308.756.00 $584,064.00 Please make checks for prepayment amounts payable to CITY OF TAMARAC. Prepayment may be made by mail to the Finance Department, City Hall, 7525' Northwest 88th Avenue, Tamarac, Florida, or in person at the office of the Finance Department ofbe Florida, ldcated at the Tamarac City Hall, Northwest eitherr write the asse sment parcel numbe (shownat Avenue. Pleaaseeesure to he top of this letter) on your check or return this letter with your payment. Assessment records and copies of applicable Ordinances and Resolutions passed by the City Commission are on file at the City Clerk's office located at 7525 Northwest 88th Avenue, Tamarac, Florida. CITY CLERK OF TAMARAC, FLORIDA r "EXHIBIT D" Temp. Reso. 8837. November 15. 1999 Revision #1. November 17. 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO.99- -3/12- A RESOLUTION OF OR DAITY RELAT NIGS ON THE OF HNORITH TY OF TAMARAC, FL SECTION 7 ASSESSMENT AREA; AMENDING THE INITIAL ASSESSMENT RESOLUTION; AMENDING THE FINAL, ASSESSMENT RESOPRo1OpING A OR MENDCONFLICTS; ING THE ASSESSMENT ROLL, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFEQTIVE ATE. WHEREAS, the City Commission of the City of Tamarac. Florida, adopted Resolution No. R-99-251 on September 22, 1999 (the '`Final Assessment Resolution"), which created the North Section 7 Assessment Area, amended and confirmed Resolution No. R-99-189, adopted by the City Commission on July 14, 1999 ("the Initial Assessment Resolution"), established the maximum amount of the annual Assessment for each Tax Parcel (as such terms are defined in the Initial Assessment Resolution); imposed Assessments against property within the North Section 7 Assessment Area. approved the Assessment Roll, and provided for the collection of the Assessments; and WHEREAS, one of the Tax Parcels within the Assessment Area, Tax Parcel 494107060010, was divided by Section 4.02 (G) of the Initial Assessment Resolution into two areas — one "Area A" being Specially benefited by the Hiatus Wastewater Facilities and one "Area B" not being specially benefited by the Hiatus Wastewater Facilities due to the immediate proximity of an existing wastewater pump station on the eastern property line of the Tax Parcel; and Temp. Reso. 8837, November 15, 1999 Revision #1, November 17, 1999 WHEREAS, it has been determined by the City staff that the City wastewater pump station located in immediate proximity to the eastern property line of Tax Parcel 494107060010 has sufficient capacity and depth to provide wastewater service to both areas of the parcel, which creates a unique situation applicable to Tax Parcel 494107060010 only; and WHEREAS, since all of Tax Parcel 494107060010 can be provided wastewater service through the existing wastewater pump station, it is not specially benefited by the construction of the Hiatus Wastewater Facilities', and WHEREAS, the Initial Assessment Resolution, the Final Assessment Resolution and the Assessment Roll for the North Section 7 Assessment Area should be amended to classify "Area A" of Tax Parcel 494107060010 as "Wastewater Excluded Property", as defined in the Initial Assessment Resolution; and WHEREAS, the Director of Utilities recommends that the City Commission amend the Initial Assessment Resolution, the Final Assessment Resolution and the Assessment Roll for the North Section 7 Assessment by reclassifying "Area An of Tax Parcel 494107060010 as "Wastewater Excluded Property." WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to amend the Initial Assessment Resolution, the Final Assessment Resolution and the Assessment Roll for the North Section 7 Assessment Area in a manner that does not increase the Wastewater Temp. Reso. 8837, November 15. 1999 3 Revision #1, November 17, 1999 Assessment imposed against other property located within the North Section 7 Assessment Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: E TI N 1. The forgoing "WHEREAS " clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. S C�E LION 2. This Resolution is adopted pursuant to the City's Capital Project Assessment Ordinance (Ord. No. 0-99-12), Chapter 166, Florida Statutes, and other applicable provisions of law. TI The Initial Assessment Resolution, the Assessment Roll and the Final Assessment Resolution for the North Section 7 Assessment Area are hereby amended by A) classifying Area A" of Tax Parcel 494107060010 as Wastewater Facilities Excluded Property, thus reducing its Initial Prepayment Amount (as defined in the Initial Assessment Resolution) from $8,047.53 to $3,647.70 as shown in Exhibit 1 and B) establishing an Initial Payment Amount of S4,759.83 that is not assigned to any Tax Parcel but is used in the computation of annual Assessments for Tax Parcels located within the North Section 7 Assessment Area. SEC gN 4. The Assessment Roll appended to the Final Assessment Resolution for the North Section 7 Assessment Area is hereby amended to reduce the maximum annual Assessment for Tax Parcel 494107060010 from $2,085.00 to $904,00 as shown in Exhibit 1. r Temp. Reso. 8837. November 15, 1999 4 Revision #1, November 17. 1999 S CTI N 5. The Assessments for all other Tax Parcels within the North Section 7 Assessment Area- are hereby ratified and confirmed by this resolution and the City shall forego any additional reimbursement due to them as a result of the changes made by this resolution. g" ECTIQI &- All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. §EgL1_QN 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. TION This Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 2 th day of November, 1999. JOE SCHREIBER MAYOR ATTES CAROL D, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RE L TION as to^fo /. I .1) 9 � 744" CITY ATTORNEY Utilities: MWAMI RECORD OF COMMISSIOTYU ► t MAYOR SCHREIBER DIST 1: _ COMkk PORTNER DIST 2: , V M MISHKIN DIST 3: COM A SULTAN DIST 4: COMM ROSEEM / AMENDED ASSESSMENT ROLL Exhibit Temp Reso. 883 Parcel Number Property Water wastawater Total Owner Assessment Assessment Assessment Prepayment Prepayment Prepayment 494107020010 JBC Investments, Inc. 0 0 0 494107080010 Tamarac Business Center, Inc. 0 0 0 494107080020 Sam and Nathan Butters 0 0 0 494107080021 Arch Aluminum, L.C. 0 . 0 0 494107080022 Sun Belt Precision Products. Inc. 0 0 0 s 494107010161 Francis Realty Corp. $12,109.11 $10,428.63 $22.537.74 494107060010 Yolanda Maurer $3,647.70 $0.00 $3,647.70 494107040010 James C. Jacobson, Trustee $9,609.93 $6,222.77 $16,832.70, 494107010022 Weisz $1,920.35 $0.00 $1,920.35 494107080020 Sam and Nathan Butters $1,550.00 $2,007.35 $3,557.35 494107010012 Sant Pip, Inc. # $35,958.10 $36,250.07 $72,208.17 484107010013 Archbishop Coleman F. Carroll $6,760.47 $17,643.23 $24,403.70 494107010040 Simon and Ruth Ash $17,652.32 $15.202.57 $32.854.89 4941Q7050010 Jerrie Florida Properties, Inc. $5,759.00 $15,029.63 $20.783.63 494107010050 Catherine Pisciottl & Marianne Winfield $20.035.62 $17,255.13 $37,290.75 494107090010 Southeast Property Acquisition $120,189.68 $103,510.03 $223,699•71 494107010170 Broward County Expressway Authority $26.251.55 $68.510.35 $94,761.90I 494107010015 Joseph Allan Caplan $4,165.79 $3,587.67 $7,753.45! 494107010014 Jinda Lwin $9,696.38 $8,350.74 $18.047.12 Tntal $275.306.00 $303.998.17 $579,304.17 AMENDED ASSESSMENT ROLL Parcel Number Property Annual Annual Total Annual Owner Water Wastewater Assessment Assessment Assessmen 49410707-0010 JBC Investments, lnc. 0 0 0 494107080010 Tamarac Business Center, Inc. 0 0 a 494107080020 Sam and Nathan Butters 0 0 0 494107080021 Arch Aluminum, L.C. 0 A 0 494107080022 Sun Belt Precision Products, Inc. p 0 a 494107010161 Francis Realty Corp. $3,003 $2,586 $5,589 494107060010 Yolanda Maurer $904 $0 $904 494107040010 ,lames C. Jacobson, Trustee $2,383 $1,543 $31026 494107010022 Weisz $476 $0 $475 •494107080020 Sam and Nathan Butters 1 $384 $498 $882 $8,917 $8,990 $171907 494107010012 sans Pip, Inc. . 484107010013 Archbishop Coleman F. Carroll $1,677 $4,375 $ 6,05 494107010040 Simon and Ruth Ash $4,378 $3,770 $8,148 494107050010 Jerris Florida Properties, Inc. $1,428 $3,727 $5,155' 494107010050 Catherine Pisciotti $4,969 $4,279 $9,248 Marianne Winfield 494107090010 Southeast Property Acquisition $29,807 $25,570 $55,477 $6,510 $16,990 $23,501 494107010170 Broward County Expressway Authority 494107010015 Joseph Allan Caplan $1,033 $890 $119' 494107010014 Jinda Lwin $2,405 $2,071 $4,4 Total $68,2.74 $75,389 $143,6 1 ■ n �Ap [A[�� A. tJtpp �A�pp ��App p ��App rA�pp A A Q j -! 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