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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-189Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 1 of 42 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, 1 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 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. hereof. 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) "Delinquency Amount" means any Assessment the City is unable to collect pursuant to the alternative method described in Section 6-75 (b) the Ordinance. "Factored Wastewater Service Area" means the effective service area assigned to a specific Tax Parcel or portion thereof pursuant to Section 4.03 hereof. "Factored Water Service Area" means the effective service area assigned to a specific Tax Parcel or portion thereof pursuant to Section 3.03 hereof. "Final Assessment Resolution" means the resolution described in Section 6-67 of the Ordinance that imposes Assessments within the North Section 7 Assessment Area. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the City. "Hiatus Wastewater Facilities" means the wastewater collection facilities required for the City to provide wastewater service to the property located in the North Section 7 Assessment Area. "Hiatus Water Facilities" means the water distribution facilities required for the City to provide water service to the property located in the North Section 7 Assessment Area. "Initial Prepayment Amount" means the amount computed pursuant Section 5.03 hereof for each Tax Parcel located in the North Section 7 Assessment Area to prepay the Assessment prior to the date upon which the Obligation is incurred. Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 6 of 42 "Local Improvement" means a capital improvement constructed or installed by the City for the special benefit of a neighborhood or other local area, for which special assessments are imposed pursuant to the Ordinance. "North Section 7 Assessment Area" means the proposed North Section 7 Assessment Area described in Section 5.01 hereof. "Obligation" means the internal loan made by the City to fund the Project Cost of the Hiatus Water Facilities and the Hiatus Wastewater Facilities, excluding the Initial Prepayment Amount for Parcel No. 494107010170 (Broward County Expressway Authority). "Ordinance" means Ordinance No. 0-99 also known as the Capital Project Assessment Ordinance. "Parcel Area" means the geographic area within a Tax Parcel or portion thereof measured in square feet, as assigned in Sections 3.02 and 4.02 hereof. "Project Cost" means (A) the Capital Cost of the Hiatus Water Facilities and Hiatus Wastewater Facilities and (B) any other costs or expenses related thereto. "Property Appraiser" means the Broward County Property Appraiser. "State" means the State of Florida. "Statutory Discount Amount" means the amount computed for each Tax Parcel pursuant to Section 5.04(E) hereof. "Tax Collector" means the Department of Finance and Administrative Services as described in Article IV of the Broward County Charter. Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 7 of 42 "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "Wastewater Facilities Cost Component" means the amount computed for each Tax Parcel pursuant to Section 4.04 hereof. "Wastewater Facilities Directly Served Property" includes property that the City reasonably expects to be served directly from the Hiatus Wastewater Facilities. "Wastewater Facilities Excluded Property" includes developed property, property that cannot be developed, property that is reasonably expected to be served by other wastewater collection facilities, and City property acquired for road right-of-way, utility easements or open space. "Wastewater Facilities Impact Factor" means the factor assigned to each Wastewater Facilities Property Classification pursuant to Section 4.01 hereof. "Wastewater Facilities Property Classification" means Wastewater Facilities Excluded Property or Wastewater Facilities Directly Served Property. Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 8 of 42 "Water Facilities Cost Component" means the amount computed for each Tax Parcel pursuant to Section 3.04 hereof. "Water Facilities Directly Served Property" includes property that the City reasonably expects to be served directly from the Hiatus Water Facilities. "Water Facilities Excluded Property" includes developed property, property that cannot be developed, property that is reasonably expected to be served by other water distribution facilities, and City property acquired for road right-of-way, utility easements or open space. "Water Facilities Impact Factor" means the factor assigned to each Water Facilities Property Classification pursuant to Section 3.01 hereof. "Water Facilities Other Benefited Property" includes property that is not otherwise classified as Water Facilities Excluded Property or Water Facilities Directly Served Property. "Water Facilities Property Classification" means Water Facilities Excluded Property, Water Facilities Directly Served Property or Water Facilities Other Benefited Property. SECTION 1.02. INTERPRETATION. Unless the context indicates 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. (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. 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. /-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 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. Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 12 of 42 /_\:iIIs] N=111111 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 1 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. (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. 1 Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 14 of 42 (b) In water systems, there is a network of water lines; the water flow can come from either direction in the pipes depending on system conditions. Increasing or bettering a water system network improves the service to property served by that network. Generally, the water service is more reliable, has better water pressure and volume, and has better water quality. In addition, construction of a loop system reduces the likelihood of service interruption since water can be provided from two directions. (c) Although it can be shown through hydraulic modeling that the available water volume and residual pressure to Water Facilities 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: 1 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. (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. 1 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 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 r Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 17 of 42 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 1 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. 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 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. (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: 1 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 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. 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 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 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 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: 1 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. 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 Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 24 of 42 is computed, the Assessment will be imposed against the entire Tax Parcel and no distinction will be made thereafter between portions of the Tax Parcel assigned to different Wastewater Facilities Property Classifications. Specific findings as to the Wastewater Facilities Property Classification and Parcel Area for each Tax Parcel in the North Section 7 Assessment Area are made in Section 4.02 hereof. A map of the North Section 7 Assessment Area depicting the Wastewater Facilities Property Classifications and Parcel Areas is attached as Appendix F hereto. (A) 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. 1 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. (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. Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 26 of 42 (2) This Tax Parcel has been classified as Wastewater Facilities Excluded Property. (D) Parcel No. 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. Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 27 of 42 (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 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. Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 29 of 42 (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. F� 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. 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: 1 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_. 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 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 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: Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 33 of 42 (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 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 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. 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, 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 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) 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 Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 37 of 42 to the date on which the first annual Assessment Roll is certified to the Tax Collector, the owner of each Tax Parcel subject to the Assessment shall be entitled to prepay all future annual Assessments, upon payment of the Initial Prepayment Amount. (B) The amount of all prepayments made pursuant to this Section 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. 11 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(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 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 Initial Prepayment Amount (or, if the Obligation has been incurred, the Adjusted Prepayment Amount) among the subdivided parcels, based upon the land value, without improvements, assessed to each subdivided parcel by the Property Appraiser. At its sole option, the City may obtain an appraisal of the subdivided parcels at any time and Temp. Reso. #8649 Revision # 1, July 6, 1999 Page 41 of 42 reallocate the Initial Prepayment Amount (or, if the Obligation has been incurred, the Adjusted Prepayment Amount) based upon the land value, without improvements, reflected in the appraisal. If an appraisal is obtained, the cost of the appraisal will be allocated among the subdivided parcels on the basis of the value reflected therein and added to the Annual Debt Service Component of the Assessment for each subdivided parcel in the Fiscal Year following receipt of the appraisal. It is hereby found and determined that the foregoing method of reallocating the Initial Prepayment Amount (or, if the Obligation has been incurred, the Adjusted Prepayment Amount) among subdivided parcels is fair and reasonable, taking into consideration the opportunity for reallocation available to the owner and the requirement to provide adequate security for the Obligation. ARTICLE VI GENERAL PROVISIONS SECTION 6.01: METHOD OF COLLECTION. In the first year the Assessment is imposed, the Assessments shall be collected pursuant to the alternative method of collection described in Section 6-75 (b) of the Ordinance. Thereafter, the Assessments shall be collected pursuant to the Uniform Assessment Collection Act. As provided in Section 6-74 (b) of the Ordinance, the amount of an Assessment to be collected pursuant to the Uniform Assessment Collection Act in the second year shall include any Delinquency Amount. [7 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: 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