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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-244Temp. Reso. #9492 August 17, 2001 1 Revision #1, August 30, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-244 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, INCLUDING DELINQUENCY AMOUNTS; 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 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 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"), (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 Temp. Reso. #9492 August 17, 2001 2 Revision #1, August 30, 2001 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 Temp. Reso. #9492 August 17, 2001 3 Revision #1, August 30, 2001 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. #9492 August 17, 2001 4 Revision #1, August 30, 2001 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 2001-2002 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, 2001, 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, 2001, SECTION 7: All resolutions or parts of resolutions in conflict herewith 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 ri 1 4Fr..TIr)N A passage and adoption. Temp. Reso. #9492 August 17, 2001 5 Revision #1, August 30, 2001 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 12t" day of September, 2001. JOE SCHREIBER MAYOR ATTEST:, 1w- '-"� " L."—) - MARION SWLNSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RG/KW/mg RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AM- DIST 1: COMM. PORTNER AM DIST 2: COMM. MISHKIN A e/ DIST 3: V/M SULTANOF A -ye, DIST 4: COMM. ROBERTS A e. 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, 2001. 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, 2001. THE CITY OF TAMARAC, FLORIDA By: 6iiyor I hereby certify that this docymgnt is a true nd cor ct copy of thG original of which is on file in City Hall. -WITNESS MY F"TA�M AND OFFICIAL SEAL OF "ill CITY tMAR , FLORIDA. ` day or 2001. -' i Clerk "EXHIBIT A" Temp. Ord. #1853. May 27. 1999 Revision #2, June 11. 1999 Page 1 of 28 CITY OF TAMARAC, FLORIDA ORDINANCE NO.0-99- /3— AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, RELATING TO CAPITAL 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 OF CAPITAL IMPROVEMENTS AND RELATED SERVICES PROVIDING 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; PROVIDING THAT SUCH OBLIGATIONS WILL NOT CREATE A GENERAL DEBT OR OBLIGATION OF THE CITY; PROVIDING FOR CODIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE ATE. WHEREAS, the City of Tamarac may construct, or cause to be constructed. capital improvement projects that benefit particular properties; and I 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 VIII, 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 governmental, 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 ri in k 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 166A21(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 Cost 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: SECTION 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 CTION 2: Article III, Chapter 6, of the Tamarac Code of Ordinances is hereby deleted 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. 6-66. Title and Citation. This Article shall be known and cited as the Capital Project Assessment Ordinance. Sec. 6-67. 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. "Assessment Roll" means the special assessment roll 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. Temp. Ord. #1853. May 27. 1999 Revision 02. June 11. 1999 Page 5 of 28 "Assessment Unit" means the unit or 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. fecity" 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. May 27. 1999 Revision #2, June 11, 1999 Page 5 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 5-63 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 M 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, 0) the debt service reserve fund or account, if any, established for the Obligations which financea the Local Improvement, and (E) any other costs or expenses related thereto. "Property Appraiser" means the Broward 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; (G) 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. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3535. 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. Sec. 6-58. Interpretation. Temp. Ord. #1853. May 27. 1999 Revision #2, June 11. 1999 Page 9 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. The Commission is authorized to create assessment areas in accordance with the 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. Either the Initial Assessment Resolution proposing each Assessment Area or the Final Assessment Resolution creating each Assessment Area shall include brief descriptions of the orcposed 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 Locai 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 Resoiution. The Initial Assessment Resolution shall (A) describe the property to be located within the proposed Assessment Area: (8) 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; A 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 propertycan 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) describe 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. Assessment 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 oarcei: (4) the estimated maximum annual Assessment to become oue in any Fiscal Year for each Assessment Unit; and (5) the estimated maximum annual Assessment to become due in 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 once 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 regarding creation of the Assessment Area and adoption of the Final Assessment Resolution. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Sec. 6-66. Notice by Mail. In addition 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 property subject to the Assessment. The mailed notice shall conform to the requirements set forth to 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 mailed upon delivery thereof to the possession of the U.S. Postal Service. The 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; (d) 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 6-77 hereof, the Commission may obtain a written legal opinion 11 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. .F 1� 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 of property exceeds the maximum amount established in the notice provided pursuant to Section 6-66 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 Resoiution 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 alien 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. Upon adoption of the Final Assessment Resolution, Assessments to be coilected 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, distract 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 recorded in the Official Records of Broward County, Florida. Temp. Ord. #1853. May 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 the 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 evide nce 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 f 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. Sec. 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 the Uniform Assessment Collection Act, any changes, modifications or corrections thereto K 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 fora prior year's Assessment 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 •.x 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 Temp. Ord. #1853, 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 costs. 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 W Temp. Ord. #1853. 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 Government Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Assessment, (2) a description of the Assessment knits used to determine the amount of the Assessment. (3) the number of Assessment Units anributable to the parcel, (4) the total amount of the parcel's Assessment for the approcriate 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 be cue 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. Y r Temp. Ord. #1853, May 27. 1999 Revision #2, June 11, 1999 Page 22 of 28 (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. (d) All costs, fees and expenses, including reasonable attorney fees and title 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 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 coilectible as a part of or in addition to, the costs of the action. (e) As an alternative to the foregoing, an Assessment imposed against Government Property may be collected on the bill for any utility service provided to such Governmental Property. The Commission may contract for such billing services with any utility provider. rt Temp. Ord. #1853. May 27.1,999 Revision #2, June 11, 1999 Page 23 of 28 Sec. 6.78. General authority to issue obligations. (a) Upon adoption of the Final Assessment Resolution imposing Assessments to fund a Local improvement or at any time thereafter, the Commission shall have the power and is authorized to provide by resolution, at one time or from time to time in series, 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 from Pledged Revenue. At the option of the Commission, the City may agree.. by resolution, to budget and appropriate funds to make up any deficiency in the reserve account established for the Obligations or in the payment of the Obligations, from other non -ad valorem revenue sources. The Commission may also provide, by resolution. for a of or lien upon proceeds of such non -ad valorem revenue sources for the benefit pledge 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. Sec. 6.79. Terms of the obligations. The Obligations shall be dated, shall bear interest at such rate or rates, shall mature at such times as may be determined by resolution of the Commission, and may be made rpdeemabl e 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. The Commission shall determine by mature not later than 40 years after their issuance. Said Obligations shall res olution the form of the Obligations, the manner of executing such Obligations. and shall 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. 6-80. Variable rate obligations. At the option of the Commission, Obligations may bear interest at a variable rate. Sec. 60-81. Temporary obligations. Prior to the preparation of definitive Obligations of any series, the Commission may, under 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 without any other proceedings or the happening of any other conditions or things than those 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 oay 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. w .. 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 Pledged 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. Sec. 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 ecuity, 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 .-1 N 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. SECTION 3: Specific Authority to codify this ordinance in the Code of Ordinances of the City of Tamarac is hereby authorized and directed. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SEQTION 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. H ti . It Temp. Ord. #1853. May 27, 1999 Revision #2. June 11, 1999 Page 28 of 28 SECTION 6: This Ordinance shall become effective immediately upon passage and adoption. PASSED, FIRST READING on this ? day of June, 1999. PASSED, SECOND READING on this c 13 day of Jane. 1999. ATTEST: CAROL GOLD; CMC/AAE 4 CITY CLERK I HERBY CERTIFY that I have approved this ORDI�NCE as to forrr}/ MIT HM-L S. KRA CftY ATTORNEY l MW:amuUtiUties JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: DIST 2: COMM PORTNER DIST 3: V/M MiSHKIN COMM. SULTANOF DIST 4: COMM. R08ERTS �! r r "EXHIBIT B" Temp. Reso. 1,$649 Revision # 1. July 6. 1999 Page 1 of 42 CITY OF TAMARAC, FLORIDA RESOLUTION NOI-Ql - I � I Q 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 EFFECTIVE DATE. 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 7, 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. SECTION 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 13 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 7 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. 1 Temp. Reso. #8649 Revision # 1, ,July 6, 1999 Page 4 of 42 "Assessment Roll" means a non -ad valorem 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. Peso. #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. i 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 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 Resolution; and the term "hereafter" means after. and the term "heretofore" means before, the effective 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. 0-99- . 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. (D) 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 111, 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 7525 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. f A 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 Excluded Property. (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 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 Facilities Directly Served Prooert . (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) Water Facilities Other Benefited Prooert . (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. . 4 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 Other 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) Parcel No. 494107020010 (JBC Investments, 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) Parcel No. 494107080010 Tamarac Business Center. 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. (C) Parcel No. 494107080020 Sam and Nathan Butters . 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. (p) Parcel No. 494107080021 Arch Aluminum L.C.I. 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. 0 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) Parcel No. 494107080022 (Sun Belt Precision Products. 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) Parcel No. 494107010161 Francis Realty Co r .. 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. 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. (G) Parcel No. 494107060010 Yolanda Maurer). 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 the water system network in the area should incresse 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. (H) Parcel No. 494107040010 James C. Jacobson. Trustee . The Commission hereby legislatively finds and determines that: (1) This Tax Parcel abuts Hiatus Road but is significantly deeper than the Francis 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 B contains Parcel Area equal to 121,296 square feet. it is reasonable to expect that Area 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 Directly Served Property and Area B of this Tax Parcel has been classified as Water Facilities Other Benefited Property (I) Parcel No. 4941070100 2 Weisz). The Commission hereby legislatively finds and determines that: (1) This Tax Parcel does not abut Hiatus Road and contains Parcel Area equal to 97,689 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 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) Parcel No. 4941070800 0 (Sam & Nathan Butters . The Commission hereby legislatively finds and determines that: (1) This Tax Parcel abuts Hiatus Road. currently has access to other 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. (2) Area A has been classified as Water Facilities Other Benefited Property and Area B has been classified as Water Facilities Directly Served Property. (Kj Parcel No. 494107010012 Sani 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 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 Parcel Area equal to 403,770 square feet, Area B contains Parcel Area equal to 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. (�) Parcel No. 494107010013 A chbishog Coleman F. Carroll. 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. (M) Parcel No. 494107010040 (Simon &Ruth Ash . The Commission hereby legislatively finds and determines that: Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 20 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. (N) Parcel No. 494107050010 (Jerris Florida Pro ernes. Inc.. 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 contains Parcel Area equal to 292.962 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. (0) Parcel No. 4.94107010050 (Catherine Pisciatti and Marianne Winfield . The Commission hereby legislatively finds and determines that: (1) This Tax Parcel abuts Hiatus Road, does not have access to other water distribution facilities and contains Parcel Area equal to 336.324 square feet. It is reasonable 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) Parcel No. 494107090010 Southeast Pro erty Ac uisition . The Commission hereby legislatively finds and determines that: (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 356,0515 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 B can be served by the Hiatus Water Facilities. (2) Area A has been classified as Water Facilities Directly Served Propertv and Area B has been classified as Water Facilities Excluded Property. (Q) Parcel No. 494107010170 Broward County ExpresswayExpressvay Authority). 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) Parcel Na. 494107010015 (Joseoh Allan Caplan), 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 Water Facilities. (2) This Tax Parcel has been classified as Water Facilities Directly Served Property. (S) Parcel No. 494107010014 Jinda Lwin . The Commission hereby legislatively finds and determines that: (1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal 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 # 1. July 6, 1999 Page 23 of 42 (A) If the Tax Parcel contains one Water Facilities Property Classification, the Factored Water Service Area shall be the amount computed by multiplying the Parcel Area for the Tax Parcel by the appropriate Water Facilities Impact Factor. (g) If the Tax Parcel contains more than one Water Facilities Property Cl assification, the Factored Water Service Area shall be the sum of the amount computed for each portion of the Tax Parcel by multiplying (1) the Parcel Area for each portion of the Tax Parcel, by (2) the appropriate Water Facilities Impact Factor. SECTION 3.04. WATER FACILITIES COST COMPONENT. The Water Facilities Cost Component for each Tax Parcel shall be computed by dividing (A) the Factored Water Service Area, by (B) the total Factored Water Service Area for all Tax Parcels in the North Section 7 Assessment Area, and multiplying the result by the Capital Cost of the Hiatus Water Facilities. ARTICLE IV HIATUS WASTEWATER FACILITIES SECTION 4.01. DESCRIPTION OF CLASSIFICATIONS. Based upon the location and configuration of any specific Tax Parcel, portions of the Tax Parcel may be assign ed to different Wastewater Facilities Property Classifications. In that event. the Factored Wastewater Service 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 therearner 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) Wastewater Facilities Excluded Pro rt . (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 space. (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) Wastewater Facilities Directly Served Pro ert . (1) The Wastewater Facilities Directly Served Property Wastewater Facilities Property Classification will include property that the City reasonably 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 property classified as Wastewater Facilities Directly Served Property will have a Wastewater Facilities Impact Factor of 100 percent. SECTION 4.02. ASSIGNMENT OF CLASSIFICATIONS. q) Parcel No. 494107020010 fJBC Investments Inc.. The Comrrfission 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- (g) Parcel No. 4 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. C) Parcel No. 494107080020 Sam and Nathan Butters . The Commission hereby legislatively finds and determines that: eloped and will derive no special benefit (1) This Tax Parcel has been dev 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. (0) Parcel No. 494107080021 (Arch Aluminum L.C.. 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. (E) Parcel No. 494107080022 (Sun Belt Precision Products. 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 Wastewater Facilities. (2) This Tax Parcel has been classified as Wastewater Facilities Excluded Property. (F) Parcel No. 494107010161 (Francis Realt Cor .. 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. 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 27 of 42 (G) Parcel No. 494107060010 (Y)landa Maurer . 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 Parcel 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. (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. 94 (H) Parcel No. 4107040010 (James C. Jacobson. Trusteel. The Commission hereby legislatively finds and determines that: (1) This Tax Parcel abuts Hiatus Road on its western boundary and N.W. 67th 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 B 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 0 Temp. Reso. #8649 Revision # 1, July 6. 1999 Page 28 of 42 Facilities and Area B 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. (1) Parcel No. 494107010022 (Weisz). 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) Parcel No. 494107080020 (Sam & Nathan Butters . The Commission hereby legislatively finds and determines that: (1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal to 39,128 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. I Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 29 of 42 (K) Parcel No. 493,107010012 Sani 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 Appendri F. Area A contains Parcel Area equal to 403,770 square feet. Area B contains Parcel Area equal to 302.827 square feet and Area C contains Parcel Area equal to 302.827 square feet. In addition. Area B abuts existing wastewater collection facilities on its western boundary. it is reasonable to expect that Area A and Area C will be served directly from the Hiatus Water Facilities while Area B will be served from existing wastewater collection facilities. (2) Area A and Area C have been classified as Wastewater Facilities Directly Served Property while Area B has been classified as Wastewater Facilities Excluded Property. (L) Parcel No. 4941 Q701 F. Carroll. The Commission 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 343.907 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) Parcel No. 49V4107010040 (Simon & Ruth Ash . 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) Parcel No. 494107050010 Jerris Florida Properties- Inc.. The Commission 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 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. (0) Parcel No. 494107010050 Catherine Pisciotti and Marianne 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. 494107090010 Southeast Pro ertAC uisition . 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 Parcel Area equal to 356,056 square feet. It is square feet and Area B contains 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 Property and Area B has been classified as Wastewater Facilities Excluded Property. (Z Parcel No. 494107010170 Broward Count Ex resswa A hori The Commission hereby legislatively finds and determines that: (1) This Tax Parcel does not abut Hiatus Road but does not have access 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 1,335,424 square feet and Area 6 contains Parcel Area equal to 445.142 square 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 B cannot be developed. (2) Area A has been classified as Wastewater Facilities Directly Served Property and Area B has been classified as Wastewater Facilities Excluded Property. (R) Parcel No. 494107010015 (Joseph Allan Ca Ian . 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 Jinda Lwin). The Commission hereby legislatively finds and determines that: O 1 This Tax Parcel abuts Hiatus Road and contains Parcel Area equal 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, SECTION 4.03. FACTORED WASTEWATER SERVICE AREA. The Factored Wastewater Service Area for each Tax Parcel shall be computed as follows: Temp. Reso. #8649 Revision # 1, July 6. 1999 " Page 33 of 42 (A) If the Tax Parcei contains one Wastewater Facilities Property Classification, the Factored Wastewater Service Area shall be the amount computed by multiplying the Parcel Area for the Tax Parcel by the appropriate Wastewater Facilities Impact Factor. (13) If the Tax Parcel contains more than one Wastewater Facilities Property Classification. the Factored Wastewater Service Area shall be the sum of the amount computed for each portion of the Tax Parcel by multiplying (1) the Parcel Area for each portion of the Tax Parcel, by (2) the appropriate Wastewater Facilities Impact Factor. SECTION 4.04. WASTEWATER FACILITIES COST COMPONENT. The Wastewater 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 SECTION 5.01. DESCRIPTION OF ASSESSMENT AREA. The proposed North Section 7 Assessment Area shall include the property located within: the North half of Land Section 7, City of Tamarac, County of Broward. The North Section 7 Assessment Area is proposed for the purpose of improving the use and enjoyment of property located Temp. Reso. #8649 Revision # 1. July 6. 1999 Page 34 of 42 therein by funding the construction of Hiatus Water Facilities and Hiatus Wastewater Facilities to provide access to potable water and wastewater treatment services. SECTION 5.02. IMPOSITION OF ASSESSMENTS. Assessments shall be imposed against property located within the North Section 7 Assessment Area for each Fiscal Year in which any portion of the Obligation remains outstanding, the amount of which shall be computed in accordance with this Article V. When imposed, the Assessment for each Fiscal Year shall constitute a lien upon the Tax Parcels located in the North Section 7 Assessment Area, pursuant to the Ordinance. SECTION 5.03. PREPAYMENT AMOUNT. Upon adoption of the. Final Assessment Resolution, an Initial Prepayment Amount for each Tax Parcel located within the North Section 7 Assessment Area shall be calculated as the sum of (1) the Water Facilities Cost Component attributable to such Tax Parcel and (2) the Wastewater Facilities Cost Component attributable to such Tax Parcel. SECTION 5.04. COMPUTATION OF ASSESSMENTS. Assessments will be imposed for each Fiscal Year in which any portion of the Obligation remains outstanding, and collected on the ad valorem tax bill in the manner authorized by the Uniform Assessment Collection Act. The annual Assessment shall be computed for each Tax Parcel, other than Parcel No. 494107010170 (Broward County Expressway Authority), in the ma nner set forth in this Section 5.04. The Assessment for Parcel No. 494107010170 (Br oward County Expressway Authority) shall be payable in the manner set forth in Section 5.08 hereof. Temp. Reso. #8649 Revision # 1. July 6, 1999 Page 35 of 42 (A) DEBT SERVICE AMOUNT. A "Debt Service Amount" shall be computed for each Fiscal Year as the amount payable in respect of the Obligation- (B) ANNUAL DEBT SERVICE FACTOR. An "Annual Debt Service Factor" shall be computed for each Fiscal Year by dividing (1) the Debt Service Amount by (2) the aggregate Adjusted Prepayment Amount (or for the initial Assessment Roll, th'e aggregate Initial Prepayment Amount). (C) ANNUAL DEBT SERVICE COMPONENT. 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 Prepayment 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. (D) COLLECTION COST COMPONENT. The "Collection Cost Component" shall be computed each Fiscal Year for each Tax Parcel by (1) dividing (a) the Adjusted Prepayment Amount and Delinquency Amount (or for the initial Assessment Roll, the Initial Prepayment Amount) for such Tax Parcel by (b) the sum of the aggregate Adjusted Prepayment 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 AMOUNT. The "Statutory Discount Amount" shall be computed for each Tax Parcel as the amount allowed by law as the maximum discount for early payment 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. (F) ASSESSMENT. 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 AMOUNT. 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 Roll 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 cert.fied 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. (g) The amount of all prepayments made pursuant to this Section 5.05 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. SECTION 5.07. MANDATORY PREPAYMENT. If at any time a tax certificate 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 computed. or (2) annual Assessments will not be imposed for the full number of years anticipated at the time of such prepayment. SECTION 5.08. BROWARD 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. compounded annually). (B) The principal of and interest on the internal loan described in Section 5.08(A) 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 (or. 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; (5) 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 fails to comply with the foregoing conditions, the City shall reallocate the I Initial Prepayment Amount (or, if the Obligation has been incurred. the Adjusted I 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. SECTION 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. SECTION 5: This Resolution shall take effect immediately upon its passage and adoption" PASSED, ADOPTED AND APPROVED this/-� day of July, 1999. ATTEST: r Carol Gold, CMP/AAE City Clerk I HEREBY CERTIFY that I 0 ye opproved this RdqrAution aS&��Y _ j` '4 Mitchel' of City Attorn Utilities:MW:aml Joe Schreiber Mayor RECOA MAYOR DIST 1: DIST 2: DIST 3: DIST 4: To Be Published Temp. Reso. # 864S 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. 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 of property will be based upon its benefit from the proposed construction of the facilities. A more specific description is set forth in the Initial Assessment Resolution adopted by the City Commission on , 1999. Copies of the Initial Assessment Resolution, the plans and specifications for the water distribution and wastewater collection facilities, and the preliminary Assessment Roll are available far inspection at the City Clerk's office, located at City Hall, 7525 Northwest 88th Avenue. Tamarac. Florida. The assessments will be collected on the ad valorem tax bill, as authorized by 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 Commission intends to collect the assessments in . annual assessments, the first of which will be included on the ad valorem tax bill to be mailed in November 1999. Future annual assessments may be prepaid at the option of the property owner. If you have any questions, please contact the City Manager's office at 9541724- 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 Dear Property Owner: Temp. Reso. # 8649 Appendix 13 As you should be aware, the City of Tamarac is planning to create an assessment area to provide and/or improve water and wastewater service to your property. Water distribution and wastewater collection facilities will be constructed along Hiatus Road to provide this service. The cost crf 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, on August 25, 1999, in the City Commission Chambers of City Hall located at 7525 Northwest 88th Avenue. Tamarac, Florida, for the purpose of receiving comments on the proposed assessments, including collection on the ad valorem tax bill. You are invited to attend and participate in the public hearing or to file written objections with the City Commission prior to or during the hearing. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, if you need a special accommodation or an interpreter to participate in this proceeding, please contact the City Clerk's office at 954/724-1200 at least 3 days 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 reflect the different levels of benefit each parcel of property will receive, a "Factored Water Service An ardndta "Factored Wastewater Service Area will be calculated for each parcel. calculate the factored service areas, each parcel of property will be categorized separately Temp. Reso. # 8649, Appendix B for water and wastewater facility purposes. The water facility categories consist of "Excluded Property," "Directly Served Property" and "Other Benefited Property." The wastewater facility categories consist of "Excluded Property" and "Directly Served Property." These categories provide an equitable method of apportioning the construction 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 or wastewater facilities. The Other Benefited Property classification applies only to water facilities and reflects the improved level of water service (greater reliability, improved water pressure. increased 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 against the size of the property to calculate the Factored Water Service 1 Area and tthe Factored Wastewater Service Area: zero pert ed Property. Properly. for Directly Served Property and 33 percent for Other Benefited A more specific description of the assessment program is set forth in the initial Assessment Resolution adopted by the City Commission on 1999. Copies of the Initial Assessment Resolution, the plans and specifications for the water distribution and collection facilities, and the preliminary Assessment Roll are available for your review at the City Clerk's office located at 7525 Northwest 88th Avenue, Tamaras c assification, Information regarding the assessment for your specific property, including is attached to this letter. The City intends to make an internal loan to finance this assessment project. This will permit the cost attributable to your property to be amortized over a period of years. However, you may choose to prepay your assessment in full at any time. The annual assessment will include your share of the principal, interest, collection cost, and the amount the City discounts receipts for its annual budget. The tCi pint n ds to include annual assessments on your ad valorem tax bill. Failure a which may result assessments will cause a tax certyour ificate to be issued against the prop rty 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 a CITY CLERK OF TAMARAC, FLORIDA Temp. Reso. # 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 Facilities Assessment: Insert Classification] [Insert Water Facilities Classification Factor] [Insert Water Facilities impact Factor [ Number] Factored Water Service Area [Insert Amount] Water Facilities Assessment Wastewater Facilities Assessme t: [insert Classification] Wastewater Facilities Classification [Insert Factor] Wastewater Facilities impact Factor [Insert Number] Factored Wastewater Service Area [insert Amount] Wastewater Facilities Assessment tal Ass Lssmen : [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: * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * * Temp. Reso. #8549 Appendix C 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 Dear Property Owner: As you should be aware, the City of Tamarac is planning to create an assessment area to provide and/or improve water and wastewater service to your property. Water 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, on August 25, 1999, in the CitY Commission Chambers of City Hall located at 7525 Northwest 88th Avenue, Tamarac, Florida, for the purpose of receiving comments on the proposed assessments, including collection on the ad valorem tax bill. You are invited to attend and participate in the public hearing or to file written objections with the City Commission prior to or during he g• If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, if you need a special accommodation or an interpreter to participate in this proceeding, please contact the City Clerk's office at 954/724-1200 at least 3 days 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 reflect the different levels of benefit each parcel of property will receive, a "Factored Water Service Area" and a "Factored Wastewater Service Area" will be calculated for each parcel. categorized to calculate the factored service areas, each parcel of property separately for water and wastewater facility purposes. [Insert subarea cl I ttio and for each specific parcel.] The areas assigned for purposes of the wastewater facilities are shown on the attached maps. The water facilitycategories consist of "Excluded Property," "Directly Served Property" and "Other Benefited Property." The wastewater facility categories consist of Exclude Temp. Reso. #8649 Appendix C. Property" and "Directly 'Served Property." These categories provide an equitable method of apportioning c"a constru:tion 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 rty classification will include easements or open space. The Directly Served Prope property that the City reasonably expects to be served directly from the applicable water or wastewater facilities. The Other Benefited Property classification .applies only to water facilities and reflects the improved level of water service (greater reliability, improved water pressure. increased 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 against the size of the property to calculate the Factored Water Service Area percent ndfor Factored Wastewater Service Area: tefor Other Benefited Propertent for Excluded y. Directly Served Property and 33 percent A more specific description of the assessment program is set forth ingthe Cop Initial Assessment Resolution adopted by the City Commission o ies of the initial Assessment Resolution, the plans and specifications for the water distribution and collection facilities, and the preliminary Assessment Roll are available for your review at the City Clerk's office located Ssmen26foN your specific spec fc property. Tamarac, Florida. Information regarding the including its classification. is attached to this letter. The City intends to make an internal loan to finance this assessment eproj ct. This will permit the cost attributable to your property to b amortized nt in fovea tang time. od of years. However, you may choose to prepay your as The annual assessment will include your share of the principal, interest, collection cost, and the amount the City discounts receipts for its annual budget. The City intends to include annual assessments on your ad valorem tax bill. Failure toch your assessments will cause a tax certificate to be issued against the property may result in a loss of title. 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, FLORIDA Temp. Reso. * * * * SEND NO 1NIONEY NOW. THIS IS NOT AN M OICE * " " p"pe NORTH SECTION 7 ASSESSMENT AREA [to be individualized for each specific parcel] Panel Ini rWdO [Property Owner Name] Tax Parcel Number [Insert Number] PARCEL PARCEL PARCEL Parcel Area (sq. feet) JQJAL [Insert] [Insert] ] [Insert] � [Xt� JC � [Insert] Water Faci it' e n = Water Facilities Classification [men] gm�l ert [Insert] Water Facilities impact Factor Factored Water Service Area [Insert] (Insert] [Insert] (Insert] ] Water Facilities Assessment [Insert] Ws ewat r Facililits As;esgme11J*- [Insert] [� ] ]] WLqewaler Facilities Classification Wastewater Facilities Impact Factor Factored Wastewater Service Area [Insert] [ ] [Insert] [insert] �� Wastewater Facilities Assessment [insert] Total A es : Initial prepayment amount (excludes financing cost): [insert Amount] Adjusted prepayment amount (includes financing cost): [Insert Amount] Number of annual payments: Maximum annual payment: [Insert Amount] Expected date of first bill: November 1999 Total amount of annual payzents: [Insert Amount] Expected date of last bill: November , * * * * ' * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * * UN Temp. Reso #864! Appendix,[ 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 Number] 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 youw 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 9:00 A.M., or as soon thereafter as the matter can be heard, on August 25, 1999, in the City Commission Chambers of City Hall located at 7525 Northwest 88th Avenue, Tamarac, Florida, fog the purpose of receiving comments on the proposed assessments, including collection on the ad valorem tax bill. You are invited to attend and participate in the public hearing or to file written objections with the City Commission prior to or during the hearing. !1 you decide to appeal any decision made by the City Commission with respect and may matter considered at the hearing, you will need a record of the proceedings need to ensure that a verbatim record is made, including the testimony and evidenr.E upon which the appeal is to be made. In accordance with the Americans wi& Disabilities Act, if you need a special accommodation or an interpreter to participate it this proceeding, please contact the City Clerk's office at 954/724-1200 at least 3 day,. - 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 reflect the differen levels of benefit each parcel of property will receive, a "Factored Water Service Area and a "Factored Wastewater Service Area" will be calculated for each parcel. categorize to calculate the factored service areas, each parcel of property separately for water and wastewater facility purposes. The water facility categone' consist of "Excluded Property," "Directly Served Property" and Other Benefite+ Property." The wastewater facility categories consist of "Excluded Property" an, "Directly Served Property." These categories provide an equitable method c apportioning the construction costs among the properties that receive the most benef from the construction of additional water and wastewater facilities. Temp. Reso #864$ Appendix L The Excluded Property classification will include developed property, propert that cannot be developed. property that is reasonably expected to be served by othe water or wastewater facilities and City property acquired for road right-of-way, utilit! easements or open space. The Directly Served Property classificationliwill i wale( the property that the City reasonably expects to be served directly from pp or wastewater facilities. The Other Benefited Property classification applies only tc water facilities and reflects the improved level of water service (greater reliability improved water pressure, increased 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 wii receive from the water and wastewater facilities, the following factors will be applies against the size of the property to calculate the Factored Water Service Area and the Factored Wastewater Service Area: zero percent for Excluded Property, 100 percent fo Directly Served Property and 33 percent for Other Benefited Property. A more specific description of the assessment program is set forth in the Initia Assessment Resolution adopted by the City Commission on 1999. Copie: of the Initial Assessment Resolution, the plans and specifications for the wate distribution and collection facilities, and the preliminary Assessment Roll are available for your review at the City Cleric's office located sssment fat 7525or your speest cific property Avenue Tamarac, Florida. Information regarding the 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, compounder annually. The Assessment (including principal of the internal loan and interest accrues to the date of payment) must be paid in full prior to any connection to the City's utilit'. system. Questions regarding your assessment and the process for collection may b� directed to Michael Woika in the City's Utility Department at CITY CLERK OF TAMARAC, FLORIDA �r�'J.a. 4Nr �: •� ..I.C• '7i d1b VA Mmi 7-1 ?,•r'�.: ter }♦4 � -�:,� .t. .'rr-y4C i,•. 1.1. �`/. ,1�`f '�1 �rr•�♦.l r-�r� 1 r;Y' .�{�A�+/r �M3•• �/-ter. r �;'r�i' •::r..�r. • i• 1,� _ .. 1 _ �• `Y ,' c ' ••- -� .Nr �. s�r�` I � G - • fir•., .•••�'f•� - 1�- '. �•� _• _•. I'' - •- r 1. 1�r•,•;'4�, �r����+.��1�. -. �..' ' ( 1. 4 . Temp. Reso * +� SEND NO INrONEY NOW. THIS IS NOT AN INVOICE * " " *Appt NORTH SECTION 7 ASSESSMENT AREA Parcel l formation: [Propeny Owner Name] Tax Parcel Number [Insert Number] Total Parcel Area (sq. feet): [Insert Number] Water Facilities Assessment Water Facilities Classification WaterFacilities Impact Factor Factored Water Service Area Water Facilities Assessment Wastewater Facilities Assessment Wastewater Facilities Classification Wastewater Facilities Impact Factor Factored Wastewater Service Area Wastewater Facilities Assessment Total s ice: 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] (Insert Amount] November 1999 [insert Amount] November * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * ` * * * i� : ••l ,�r 1 Y IS �•'i; - ;',tom-- u 4 t9 y+._i� •.j•=_... •', 'q': ; 'i..,. , A6t.; .►. i•. rya: �YVt°:: ,...- •r , - !. ��.�,Ar,.�;;: � • •ice 'a; �� � < , ., ':,. _ _�... +� •' ry 1// :f"1 �,.1..-�, 1. '.: vJ• i�i,. ;1 ••, '• I1ti. � mot•--1.: .,.�•� ..� - _. Ir �•y.•,�+. •_,:.•, i..;.. - tiX• it rat ...•t• -01 "EXHIBIT C" Temp. Reso. #8717, August 25, 1999 CITY OF TAMARAC. FLORIDA RESOLUTION NO. 99-_�( 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 DATE. 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 Clerk, 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 SECTION 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, SECTION, 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. S CTION 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 SECTION 6. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, a copy of which is attached hereto as Appendix D, is hereby approved. SECTION 7. 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 r 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 Assessment Amount 4841070100121 $ 72,208.17 $ 17,907.32 494107010013 j $ 24,403.701 S 6,052.01 494107010014I1 $ 18.047,11 S 4,475.61 494107010015 $ 7,753.46 $ 1,922.83 I 4941070100221 $ 1,920.35 $ 476.24 4941070100401 $ 32,854.89 $ 8,147.87 4941070100501 $ 37,290.75 $ 9,247.95 494107010161 $ 22,537.74 $ 5,589.26 4941070101701 $ 94,761.90 $ 23,500.54 4941070200101 $ - S Temp. Reso. #8717, August 25, 1999 494107040010 $ 15,832.70 $ 3,926.44 494107050010 $ 20,788.63 $ 5,155.49 494107060010 $ 8,407.53 $ 2,085.03 494107080010 $ - $ - 494107080020 $ 3,557.35 $ 882.21 494107080021 $ - $ 494107080022 $ - $ 494107090010 $ 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. SECTION 8. 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. n-e 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 10. 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. SECTION 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. SECTION 12. CONFLICTS. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 13. 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: U l� d/ CAROL GO , CMC/AAE CITY C ERK 1 HEREBY CERTIFY that I have approved this R-E60LUTION as to form. MITCHELL S. CITY ATTO `-CI JOE SCHRE113ER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM, PORTNER DIST 2: V/M MISTJKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS » u a d a w 1 o 11 d 20, C. s♦ g dw �u N Y Y v V •� u w v7 4n Q � Al � a C < « ` n Q3 MZ C " cc % 1 y 0 M. U. u "Pemp . Rasa. #8717 Appendix A m�e a tjOr� `' n A d u a C� �• $ n d o M p u v y a a u •� US a C. a a ' m 0 d 3 = o y u n A* " M w O 'p » .� �v a w :� m -• N a 14 a u 16 P. Z # v N `. 1 Temp. Reso. #8717 Appendix B AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF LEON BEFORE ME, the undersigned authority, personally appeared Camille S. Gianatasio, who, after being duly sworn, 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 mckAs ROAD snrfnowr� I FRANCISI �ffffllllMflNCIN ALALTY I �cosr ,I�1ft1 lWRAROCOUNT' afCfCTT1 A ! �� uOp�sGv a I 1 I SOUT MTPROMATVAeo STIC" %"As r• City Of Tamarac Utilities System Assessment Program (MAP OF NORTH SECTION 7 ASSESSMENT AREA) NOTICE OF HEARING TO IMPOSE AND PROV FOR COLLECTION OF SPECIAL ASSESSMEI Notice is hereby given that the City Commission of the City of Tamarac. Flarrda. wdl a public hearing to consider creation of the North Section 7 Assessment Areaas above, and to impose special assessments against soon thereaftercertain parr ele of prop rcan y therein. The hearingg will be held at 9:30 A.M.. o of on August 25, 1999, in the City Commission Chambers of City Hall at 7525 Northw4 Avenue, Tamarac, Florida for the Assessment Area and assessments. In urpose of receivinaccoriic dan a with he America 8nt on the p; North Section 7 Disabilities Act, personsneedingte spe Clerk's office at 954/724-1200modation or an rateeast 3 days this proceeding should contacthr ear at the hearing an the hearing. All affected property owners have a right to app written objections with the Cme b Commissioner the City Comwithin 20 days missiioner with respect toof this notice. lan• wishes to appeal any decisionYWings 9 considered at the heari ng, at such erA d erson will, is made, including the testimo y and e ied a record of the proc, on. need to ensure that a which the appeal is to be made. The Assessments have been d proposed as swats°The assessment forfund conitn�ctlon feacch Parcel o� P facilities for potable water be based upon its benefit from the proposed construction of the facil he City Corr A Mors description is set forth in the initial Assessment Resolution adopted by on July 14, 1999. Copies of the Initials Assessment Resolution, the plans for the l II bution and wastewater collection facilities, and the preliminary Assessment able for inspection at the City Clerk's office, located at City Hall. 7525 Northw, Avenue, Tamarac, Florida. The assessments will be collectedp nathihe as assessments worem tax illlcause attax certifio' 197.3632, Florida Statutes. Failurepay Commissior issued against the property which may result in a loss at title. The City to collect the assessments in five (5) annual assessments may be prepaid at the the property owner. If you have any questions, please contact the Utilities Department office at 9 j Monday through Friday between 8:00 a.m. and 5:00 p.m CAROL GOLD. C CITY CLERK OF TAMARAC. F Temp. rieso. #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 will be collected on the ad valorem tax bill. The assessments will be payable in five (5) 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, which 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: Temp. Reso . #8 Appendix D Parcel Number Property Water Wastewater Total Owner Assessment Assessment Assessmen Prepayment Prepayment Prepayment 494107020010 J®C Investments. Inc. 494107080010 Tamarac Business Center, Inc. 494107080020 Sam and Nathan Butters 494107080021 Arch Aluminum, L.C. 494107080022 Sun Belt Precision Products, Inc. 494107010161 Francis Realty Corp. 494107060010 Yolanda Maurer 494107040010 James C. Jacobson, Trustee 494107010022 Weisz 494107080020 Sam and Nathan Butters 494107010012 Sam Pip, Inc. 484107010013 Archbishop Coleman F. Carroll 494107010040 Simon and Ruth Ash 494107050010 Jervis Florida Properties, Inc. 494107010050 Catherine Pisciotti S Marianne Winfieli 494107090010 Southeast Property Acquisition 494107010170 Broward County Expressway Authorii+ 494107010015 Joseph Allan Caplan 494107010014 Jinda Lwin Total 0 0 0 0 0 $12,109.11 $3,647.70 $9,609.93 $1,920.35 $1,550.00 $35,958.10 $6,760.47 $17,652.32 $5,759.00 $20,035.62 $120,189.68 $26,251.55 $4,165.79 $9,696.38 $275,306.00 0- I 0 l 0 0 '0 $10,428.63 $22,537.7.4 $4,759.83 $8,407.52 $6,222.77 $15,832.7C $0.00 $1,920.3E $2,007.35 $3,557.3- $36,250.07 $72,208.17 $17,643.23 $24,403.70 $15,202.57 $32,854.89 $15,029.63 $20,788.63 S17,255.13 S37,290.75 S103,510.03 $223,699.71 $68,510.35 $94,761.90 $3,587.67 $7,753.46 $8,350.74 $18,047.12 $308,758.00 $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 of Tamarac, Florida, located at the Tamarac City Hall, 7525 Northwest 88th Avenue. Please be sure to either write the assessment parcel number (shown at the top of this letter) on your check or return this letter with your payment. Assessment records and 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 J. "EXHIBIT D" Temp. Reso. 8837. November 15. 1999 l Revision #1. November 17, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 99- ..3/a- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, RELATING TO THE NORTH SECTION 7 ASSESSMENT AREA; AMENDING THE INITIAL ASSESSMENT RESOLUTION; AMENDING THE F1NA4. ASSESSMENT RESOLUTION; AMENDING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 kt 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 4941070fi0010 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 A" 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: SECTION 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. SECTION 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. SECTION 3. 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 $4,759.83 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. SECTION 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. Temp. Reso. 8837, November 15, 1999 4 Revision #1, November 17, 1999 SECTION 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. SECTION 6. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 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. SECTION 8. 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 V CAROL D, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RE L TION as to -for ,. I .1) � � Z' CITY ATTORNEY Utilities: MW:aml RECORD OF COMMISSIO MAYOR+ SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOI DIST 4: COMM. ROBERTs AMENDED ASSESSMENT ROLL Exhibit Temp Reso. 883 Parcel Number Property Water Wastewater Total Owner Assessment Assessment Assessment Prepayment Prepayment Prepayment 494107020010 JBC Investments, Inc. 494107080010 Tamarac Business Center, Inc. 494107080020 Sam and Nathan Butters 494107080021 Arch Aluminum, L.C. 494107080022 Sun Belt Precision Products. Inc. 494107010161 Francis Realty Corp. 494107060010 Yolanda Maurer 494107040010 James C. Jacobson, Trustee 494107010022 Weisz 494107080020 Sam and Nathan Butters + 494107010012 Saw Pip, Inc. + 484107010013 Archbishop Coleman F. Carroll 494107010040 Simon and Ruth Ash 4941 Q7050010 Jerris Florida Properties, Inc. 494107010050 Catherine Pisciotti S Marianne Winfield 494107090010 Southeast Property Acquisition 494107010170 Broward County Expressway Authority 494107010015 Joseph Allan Caplan 494107010014 Jinda Lwin Total 0 0 $12,109.11 $3,647.70 $9,609.93 $1,920.35 $1,550.00 $35,958,10 $6,760.47 $17,652.32 $5,759.00 $20.035.62 $120,189.68 $26,251.55 $4,165.79 $9,696.38 $275.306.00 0 0 0 0 0 0 0 0 0 0 $10,428.63 $22,537.74 $0.00 $3,647.70 $6,22-2.77 $15.832.70 $0.00 $1,920.35 $2,007.35 $3,557.35 $36,250.07 $72,208.17I $17,643.23 $24,403.70 $15,202.57 $32,854.89 $15,029.63 $20,788.63 $17,255.13 $37,290.75 $103,510.03 $223,699.71 $68,510.35 $94,761.90I $3,587.67 $7,753.46 $8,350.74 $18,047.12 $303,998.17 $579.304.17 I AMENDED ASSESSMENT ROLL Parcel Number Property Annual Annual Total Owner Water Wastewater Annual Assessment Assessment Assessment 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.G. 0 .0 .0 494107080022 Sun Belt Precision Products, Inc. 0 0 -0 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 $32926 494107010022 Weisz $476 $0 $476 494107080020 Sam and Nathan Butters �t $384 $498 $882 494107010012 Sani Pip, Inc. . $8,917 $8,990 $17,907 484107010013 Archbishop Coleman F. Carroll $1,677 $4,375 $6,052 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 $25,670 $55,477 494107010170 Broward County Expressway $8,510 $16,990 $23,501 Authority 494107010015 Joseph Allan Caplan $1,033 $890 $1,923 494107010014 Jinda Lwin $2,405 $2,071 $4,476 Total $68,274 $75,389 $143,664 t7 I a '0 a o 6 O �A�pp O O C'0 O O .p�4pp o O Cop 6 dap 0 Ln O CS C A 4 O �I t3 � O 0 � py O d O ? _ © O CSN Ada d D O O � ..► V O d W 'a '1 # O v O O N fD C7 N N p t 4 � m y y m y m y O m I�t1 n 1 p D o C Zy S C7 z�y Q 5 n to n m r o m n m 93 a� mN T m r � r n ry t,U N yp N ttoo W A O cn L71 V Cl La4 -7 -4 A a C0 VA m Cl? Nam. a �f �1 r." 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