HomeMy WebLinkAboutCity of Tamarac Resolution R-99-189Temp. Reso. #8649
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CITY OF TAMARAC, FLORIDA RESOLUTION NO& a l � I
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 ROLL 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 Road in the north half of Land Section 7; and,
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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
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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.
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"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.
hereof.
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"Debt Service Amount" means the amount computed pursuant to Section 5.04(A)
"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.
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"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.
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"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.
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"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
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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.
(B) 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.
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(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.
/-131Is] 11=1II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED CAPITAL COST. The estimated Capital Cost for
the Hiatus Water Facilities is $275,306 and the estimated Capital Cost for the Hiatus
Wastewater Facilities is $308,758. The Project Cost of the Hiatus Water Facilities and
Hiatus Wastewater Facilities will be funded through the imposition of Assessments against
property located in the North Section 7 Assessment Area in the manner set forth in Articles
III, IV and V hereof.
SECTION 2.02. ASSESSMENT ROLL. The City Manager is hereby directed
to prepare a final estimate of the Capital Cost of the Hiatus Water Facilities and Hiatus
Wastewater Facilities and to prepare the preliminary Assessment Roll in the manner
provided in the Ordinance. The City Manager shall apportion the Project Cost among the
parcels of real property within the North Section 7 Assessment Area as reflected on the
Tax Roll in conformity with Articles III, IV and V hereof. The estimate of Capital Cost and
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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.
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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
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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.
(B) Water Facilities Directly Served Property.
(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 Property.
(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.
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(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:
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(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.
(D) 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 Water Facilities.
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(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 Corp). 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
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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.
(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. 494107010022 (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
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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. 494107080020 (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.
(K) Parcel No. 494107010012 (Sani Pip, 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
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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.
(L) Parcel No. 494107010013 (Archbishop 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:
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(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 Properties, 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. 494107010050 (Catherine Pisciotti and Marianne_Winfieldl. 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.
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(2) This Tax Parcel has been classified as Water Facilities Directly
Served Property.
(P) Parcel No. 494107090010 (Southeast Property Acguisition). 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 356,056 square feet. It is reasonable to expect that
Area A will be served directly from the Hiatus Water Facilities. Since Area B is
located on the other side of the expressway, it is not reasonable to expect that Area
B can be served by the Hiatus Water Facilities.
(2) Area A has been classified as Water Facilities Directly Served
Property and Area B has been classified as Water Facilities Excluded Property.
(Q) Parcel No. 494107010170 Broward County Expressway 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
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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 No. 494107010015 (Joseph 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:
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(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.
A If the Tax Parcel contains more than one Water Facilities Property
Classification, 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
assigned 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
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is computed, the Assessment will be imposed against the entire Tax Parcel and no
distinction will be made thereafter between portions of the Tax Parcel assigned to different
Wastewater Facilities Property Classifications. Specific findings as to the Wastewater
Facilities Property Classification and Parcel Area for each Tax Parcel in the North Section
7 Assessment Area are made in Section 4.02 hereof. A map of the North Section 7
Assessment Area depicting the Wastewater Facilities Property Classifications and Parcel
Areas is attached as Appendix F hereto.
(A) Wastewater Facilities Excluded Property.
(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.
(B) Wastewater Facilities Directly Served Property.
(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.
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(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.
(A) Parcel No. 494107020010 (JBC Investments, 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.
(B) Parcel No. 494107080010 (Tamarac Business Center, Inc.1. 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:
(1) This Tax Parcel has been developed and will derive no special benefit
from the Hiatus Wastewater Facilities.
r
L.
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(2) This Tax Parcel has been classified as Wastewater Facilities Excluded
Property.
(D) 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 Realty Corp.). 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.
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(G) Parcel No. 494107060010 (Yolanda 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.
(H) Parcel No. 494107040010 (James C. Jacobson, Trustees. 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
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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.
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(K) Parcel No. 494107010012 Sani Pip,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 Appendix 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. 494107010013 (Archbishop Coleman _ _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.
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(2) This Tax Parcel has been classified as Wastewater Facilities Directly
Served Property.
(M) Parcel No. 494107010040 (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 292,962
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:
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(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_. Property Acquisition). The
Commission hereby legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road and is reasonably divisible into two
areas, as shown in Appendix F. Area A contains Parcel Area equal to 2,017,648
square feet and Area B contains Parcel Area equal to 356,056 square feet. It is
reasonable to expect that Area A will be served directly from the Hiatus 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.
(Q) Parcel No. 494107010170 (Broward County Expressway Authorityl. 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 B contains Parcel Area equal to 445,142 square
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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 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 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:
(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:
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(A) If the Tax Parcel 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.
(B) 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
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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 manner set forth in this Section 5.04. The Assessment for Parcel No. 494107010170
(Broward County Expressway Authority) shall be payable in the manner set forth in Section
5.08 hereof.
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(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, the 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
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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)
if
(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
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to the date on which the first annual Assessment Roll is certified to the Tax Collector, the
owner of each Tax Parcel subject to the Assessment shall be entitled to prepay all future
annual Assessments, upon payment of the Initial Prepayment Amount.
(B) The amount of all prepayments made pursuant to this Section 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
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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.
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(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(g),
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
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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
Initial Prepayment Amount (or, if the Obligation has been incurred, the Adjusted
Prepayment Amount) among the subdivided parcels, based upon the land value, without
improvements, assessed to each subdivided parcel by the Property Appraiser. At its sole
option, the City may obtain an appraisal of the subdivided parcels at any time and
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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.
[7
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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:
Joe Schreiber
Mayor
Carol Gold, C /AAE
City Clerk
I HEREBY CERTIFY that I
Utilities:MW:aml
RECOF
MAYOR
DIST f :
DIST 2:
DIST &
DIST 4:
•
To Be Published
Temp. Reso. # 8649
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 appear 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 for 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 954/724-
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 B
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
vMh 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 Area" and a
"Factored Wastewater Service Area" will be calculated for each parcel. In order to
9 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 Area and the
Factored Wastewater Service Area: zero percent for Excluded Property, 100 percent for
Directly Served Property and 33 percent for Other Benefited Property.
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, Tamarac, Florida.
Information regarding the assessment for your specific property, including its classification,
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 City intends
to include annual assessments on your ad valorem tax bill. Failure to pay your
assessments will cause a tax certificate to be issued against the property which may result
in a loss of title.
Temp. Reso. # 8649
Appendix B
Questions regarding your assessment and the process for collection may be
directed to Michael Woika in the City's Utility Department at
CITY CLERK OF TAMARAC, FLORIDA
•
•
Temp. Reso. # 8649
Appendix B
* " * 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:
Water Facilities Classification [Insert Classification]
Water Facilities Impact Factor [Insert Factor]
Factored Water Service Area [Insert Number]
Water Facilities Assessment [Insert Amount]
Wastewater Facilities Assessment:
Wastewater Facilities Classification
[Insert Classification]
Wastewater Facilities Impact Factor
[Insert Factor]
Factored Wastewater Service Area
[Insert Number]
Wastewater Facilities Assessment
[Insert Amount]
Total Assessment:
Initial prepayment amount:
[Insert Amount]
Number of annual payments:
_
Maximum annual payment:
[Insert Amount]
Expected date of first bill:
November 1999
Total amount of annual payments:
[Insert Amount]
Expected date of last bill:
November
* * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * *
C-1
•
CITY OF TAMARAC, FLORIDA
7525 Northwest 88th Avenue
Tamarac, Florida 33321
11999
[Property Owner Name]
[Street Address]
[City, State and zip]
Re: Tax Parcel Number [Insert Number]
North Section 7 Assessment Area
Dear Property Owner:
Temp. Reso. #8649
Appendix C
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 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 Area"
and a "Factored Wastewater Service Area" will be calculated for each parcel. In order
to calculate the factored service areas, each parcel of property will be categorized
separately for water and wastewater facility purposes. [Insert subarea description for
each specific parcel.] The areas assigned for purposes of the water facilities and
wastewater facilities are shown on the attached maps.
The water facility categories consist of "Excluded Property," "Directly Served Property"
and "Other Benefited Property." The wastewater facility categories consist of "Excluded
Temp. Reso. #$949
Appendix C
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 Area and the
Factored Wastewater Service Area: zero percent for Excluded Property, 100 percent for
Directly Served Property and 33 percent for Other Benefited Property.
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 $$th Avenue,
Tamarac, Florida. Information regarding the assessment for your specific property,
including its classification, 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
City intends to include annual assessments on your ad valorem tax bill. Failure to pay
your assessments will cause a tax certificate to be issued against the property which
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
0
Temp. Reso. #8649
* * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * lAvendix C
NORTH SECTION 7 ASSESSMENT AREA
Ito be individualized for each specific parcel]
Parcel Information.
[Property Owner Name]
Tax Parcel Number [Insert Number]
PARCEL
PARCEL
PARCEL
TOTAL
A
B
S
Parcel Area (sq. feet) [Insert]
[Insert]
[Insert]
[art]
Water Facilities Assessment. -
Water Facilities Classification
[Insert]
[Insert]
[Insert]
Water Facilities Impact Factor
[Insert]
[Insert]
[Insert]
Factored Water Service Area [insert]
[Insert]
[Insert]
[Insert]
Water Facilities Assessment [Insert]
Wastewater Facilities A s m nt:
Wastewater Facilities Classification [Insert] [Insert] [Insert]
Wastewater Facilities Impact Factor [Insert] [Insert] [Insert]
Factored Wastewater Service Area [Insert] [Insert] [Insert] [insert]
Wastewater Facilities Assessment [Insert]
Total Assessment:
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 payments: [Insert Amount]
Expected date of last bill: November
* * * * ' * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * *
•
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 D
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 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 Area"
and a "Factored Wastewater Service Area" will be calculated for each parcel. In order
to calculate the factored service areas, each parcel of property will be categorized
separately 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.
Temp. Reso #8649
Appendix D
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 Area and the
Factored Wastewater Service Area: zero percent for Excluded Property, 100 percent for
Directly Served Property and 33 percent for Other Benefited Property.
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,
Tamarac, Florida. Information regarding the assessment for your specific property,
0 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, compounded
annually. The Assessment (including principal of the internal loan and interest accrued
to the date of payment) must be paid in full prior to any connection to the City's utility
system.
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
rI
0
Temp. Reso. #8649
* * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * *Appendix D
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:
Water Facilities Classification
Water Facilities 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_ Assessment:
Initial prepayment amount:
Number of annual payments:
Maximum annual payment:
Expected date of first bill:
Total amount of annual payments:
Expected date of last bill:
[Insert Classification]
[Insert Factor] '
[Insert Number]
[Insert Amount]
[Insert Classification]
[Insert Factor]
[Insert Number]
[Insert Amount]
[Insert Amount]
[Insert Amount]
November 1999
[Insert Amount]
November
* * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * *
No Text
No Text