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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-190TEMPORARY RESOLUTION NUMBER 8629 1 June 22, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO.99- lR(2 A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF TAMARAC, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in June of 1996, the City of Tamarac implemented a recurring annual fire rescue special assessment program to provide a portion of the funding for the City's fire rescue services and facilities with the adoption of Ordinance No. 0-96-8 and imposed fire rescue assessments for Fiscal Year 1997 with the adoption of Resolution Nos. R-96- 160 and R-96-175; and WHEREAS, pursuant to Ordinance No. 0-96-8, the reimposition of fire rescue assessments for Fiscal Year 2000 requires certain processes such as the preparation of the Assessment Roll; and WHEREAS, annually a Preliminary Rate Resolution describing the method of assessing fire rescue costs against assessed property located within the City, directing the preparation of an assessment roll, authorizing a public hearing and directing the provision 1 TEMPORARY RESOLUTION NUMBER 8629 2 June 22, 1999 of notice thereof is required by Ordinance No. 0-96-8 for the reimposition of the fire rescue assessments; and WHEREAS, the City Manager and Director of Finance recommend the adoption of the same rate schedule used to impose Fire Rescue Assessments for Fiscal Year 1999 and acceptance of this Preliminary Rate Resolution for adoption by the City Commission; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to adopt this Preliminary Rate Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the provisions of the Fire Rescue Assessment Ordinance (Ordinance No. 0-96-8), the Initial Assessment Resolution (Resolution No. R-96-160), the Final Assessment Resolution (Resolution No. R-96-175), the Annual Rate Resolution for Fiscal Year commencing October 1, 1997 (Resolution No. R-97-193), sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This Resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the Assessment Roll and directs the reimposition of Fire Rescue Assessments 2 TEMPORARY RESOLUTION NUMBER 8629 3 June 22, 1999 for the Fiscal Year beginning October 1, 1999. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES. (A) Upon the imposition of Fire Rescue Assessments for fire rescue services, facilities, or programs against Assessed Property located within the City, the City shall provide fire rescue services to such Assessed Property. A portion of the cost to provide such fire rescue services, facilities, or programs shall be funded from proceeds of the Fire Rescue Assessments. The remaining cost required to provide fire rescue services, facilities, and programs shall be funded by available City revenues other than Fire Rescue Assessment proceeds. (B) It is hereby ascertained, determined, and declared that each parcel of Assessed Property located within the City will be benefited by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment imposed against such parcel, computed in the manner set forth in this Preliminary Rate Resolution. SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels 3 1 TEMPORARY RESOLUTION NUMBER 8629 4 June 22, 1999 within the Property Use Categories. Fire Rescue Assessments shall be computed in the manner set forth in this Preliminary Rate Resolution. SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. The legislative determinations of special benefit and fair apportionment embodied in the Initial Assessment Resolution and Final Assessment Resolution are affirmed and incorporated herein by reference. SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT METHODOLOGIES. The Cost Apportionment and Parcel Apportionment as explained and calculated in the Initial Assessment Resolution and Final Assessment Resolution and in the applicable explanatory appendices incorporated therein are affirmed and incorporated herein by reference. SECTION 7. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES. (A) The Fire Rescue Assessed Costs to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the Fiscal Year commencing October 1, 1999, is the amount determined in the Estimated Fire Rescue Assessment Rate Schedule, attached hereto as Appendix A. The approval of the Estimated Fire Rescue Assessment Rate Schedule by the adoption of this Preliminary Rate Resolution determines the amount of the Fire Rescue Assessed Costs. rd TEMPORARY RESOLUTION NUMBER 8629 5 June 22, 1999 The remainder of such Fiscal Year budget for fire rescue services, facilities, and programs shall be funded from available City revenue other than Fire Rescue Assessment proceeds. (B) The estimated Fire Rescue Assessments specified in the Estimated Fire Rescue Assessment Rate Schedule are hereby established to fund the specified Fire Rescue Assessed Costs determined to be assessed in the Fiscal Year commencing October 1, 1999. No portion of such Fire Rescue Assessed Costs are attributable to capital improvements that are funded by impact fee proceeds. (C) The estimated Fire Rescue Assessments established in this Preliminary Rate Resolution shall be the estimated assessment rates applied by the City Manager in the preparation of the updated Assessment Roll for the Fiscal Year commencing October 1, 1999 as provided in Section 8 of this Preliminary Rate Resolution. SECTION 8. ANNUAL ASSESSMENT ROLL. (A) The City Manager is hereby directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing October 1, 1999, in the manner provided in the Ordinance. The updated Assessment Roll shall include all Tax Parcels within the Property Use Categories, The City Manager shall apportion the estimated Fire Rescue Assessed Cost to be recovered through Fire Rescue Assessments in the manner set forth in this Preliminary Rate Resolution. A copy of this Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, documentation related to the estimated amount of the Fire Rescue Assessed Cost to be 5 TEMPORARY RESOLUTION NUMBER 8629 6 June 22, 1999 recovered through the imposition of Fire Rescue Assessments, and the updated Assessment Roll shall be maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the updated Assessment Roll proposed for the Fiscal Year beginning October 1, 1999 be in printed form if the amount of the Fire Rescue Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. (B) It is hereby ascertained, determined, and declared that the method of determining the Fire Rescue Assessments for fire rescue services as set forth in the Initial Assessment Resolution, the Final Assessment Resolution and this Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property located within the City. SECTION 9. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 7:30 p.m, on September 8, 1999, in City Commission Chambers of City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida, at which time the City Commission will receive and consider any comments on the Fire Rescue Assessments from the public and affected property owners and consider imposing Fire Rescue Assessments for the Fiscal Year beginning October 1, 1999 and collecting such assessments on the same bill as ad valorem taxes. SECTION 10. NOTICE BY PUBLICATION. The City Clerk shall publish a notice of the public hearing authorized by Section 9 of this Preliminary Rate Resolution in 6 TEMPORARY RESOLUTION NUMBER 8629 7 June 22, 1999 the manner and time provided in Section 2.04 of the Ordinance. The notice shall be published no later than August 18, 1999, in substantially the form attached hereto as Appendix B. SECTION 11. NOTICE BY MAIL. The City Manager shall also provide notice by first class mail to the Owner of each parcel of Assessed Property, in the event circumstances described in Section 2.08(F) of the Ordinance so require. Such notice shall be in substantially the form attached hereto as Appendix C. Such notices shall be mailed no later than August 18, 1999. SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the City from the Fire Rescue Assessments will be utilized for the provision of fire rescue services, facilities, and programs. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund fire rescue services, facilities, and programs. SECTION 13. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 14. SEVERABILITY. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 7 1 Fj TEMPORARY RESOLUTION NUMBER 8629 8 June 22, 1999 SECTION 15. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 14TH DAY OF JULY, 1999. ATTEST: dae-'O-e� CAROL GOLD C/AAE CITY CLERK I HEREBY CERTIFY that I have a�ppved this RESO TION as to �fQ M. / i -r _ n 1� MIIPCHELL S`KKI CITY ATTORNEY JE SCHREIBER MAYOR DWI: DIST& DIST 4 1 Fj 1 TEMPORARY RESOLUTION NUMBER 8629 TEMPORARY RESOLUTION NUMBER 8629 APPENDIX A ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE 1 1 1 1 TEMPORARY RESOLUTION NUMBER 8629 4`10rm-11 ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE SECTION A-1. DETERMINATION OF FIRE RESCUE ASSESSED COSTS. The estimated Fire Rescue Assessed Costs to be assessed for the Fiscal Year commencing October 1, 1999, is $2,900,000. SECTION A-2. ESTIMATED FIRE RESCUE ASSESSMENTS. The estimated Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 1999, are hereby established as follows for the purpose of this Preliminary Rate Resolution: Billing Unit Type Building Area (in sq. ft.) Residential Rates/Unit Commercial Rates Industrial/ Warehouse Rates Institutional Rates Nursing Home Rates Dwelling Unit N/A $79.55 Building <1,999 $212.37 $35.41 $234.80 $234.80 2,000-3,499 $424.73 $70.81 $469.60 $469.60 3,500-4,999 $743.28 $123.92 $821.81 $821.81 5,000-9,999 $1,061.83 $177.03 $1,174.01 $1,174.01 10,000-19,999 $2,123.67 $354.07 $2,348.02 $2,348.02 20,000-29,999 $4,247.33 $708.13 $4,696.05 $4,696.05 30,000-39,999 $6,371.00 $1,062.20 $7,044.07 $7,044.07 40,000-49,999 $8,494.67 $1,416.27 $9,392.10 $9,392.10 >50,000 $10,618.33 $1,770.34 $11,740.12 $11,740.12 A-1 TEMPORARY RESOLUTION NUMBER 8629 n APPENDIX B FORM OF NOTICE TO BE PUBLISHED 1 1 TEMPORARY RESOLUTION NUMBER 8629 APPENDIX B FORM OF NOTICE TO BE PUBLISHED To Be Published by August 18, 1999 [INSERT MAP OF CITY] NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Tamarac will conduct a public hearing to consider reimposing fire rescue special assessments for the provision of fire rescue services within the City of Tamarac for the Fiscal Year beginning October 1, 1999. The hearing will be held at 7:30 p.m. on September 8, 1999, in the City Commission Chambers of City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida, for the purpose of receiving public comment on the proposed assessments. 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 decides 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 to be made. 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 72 hours (3 days) prior to the date of the hearing. 1 1 TEMPORARY RESOLUTION NUMBER 8629 The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The following table reflects the proposed fire rescue assessment schedule. Billing Unit Type Building Area (in sq. ft.) Residential Rates/Unit Commercial Rates Industrial/ Warehouse Rates Institutional Rates Nursing Home Rates Dwelling Unit N/A $79.55 Building <1,999 $212.37 $35.41 $234.80 $234.80 2,000-3,499 $424.73 $70.81 $469.60 $469.60 3,500-4,999 $743.28 $123.92 $821.81 $821.81 5,000-9,999 $1,061.83 $177.03 $1,174.01 $1,174.01 10,000-19,999 $2,123.67 $354.07 $2,348.02 $2,348.02 20,000-29,999 $4,247.33 $708.13 $4,696.05 $4,696,05 30,000-39,999 $6,371.00 $1,062.20 $7,044.07 $7,044.07 40,000-49,999 $8,494.67 $1,416.27 $6,392.10 $9,392.10 >50,000 $10,618.33 $1,770.34 $11,740.12 $11,740.12 Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 0-96-8), the Initial Assessment Resolution (Resolution No. R-96-160), the Final Assessment Resolution (Resolution No. R-96-175), the Annual Rate Resolution for Fiscal Year commencing October 1, 1997 (Resolution No. R-97-193), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, and the preliminary Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's Office, City Hall, located at 7525 Northwest 88th Avenue, Tamarac, Florida. The assessments will be collected on the ad valorem tax bill to be mailed in November 1999, 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 lass of title. B-2 TEMPORARY RESOLUTION NUMBER 8629 If you have any questions, please contact the Tamarac Finance Department at (954) 724-1310, Monday through Friday between 9:00 a.m. and 5:00 p.m. CITY CLERK I TEMPORARY RESOLUTION NUMBER 8629 If you have any questions, please contact the Tamarac Finance Department at (954) 724-1310, Monday through Friday between 9:00 a.m. and 5:00 p.m. CITY CLERK 1 TEMPORARY RESOLUTION 8629 �1 1 APPENDIX C * * * * * NOTICE TO PROPERTY OWNER City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321-2401 Owner Name Address City, State Zip CITY OF TAMARAC, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON -AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 18, 1999 Tax Parcel #: Legal Description: Sequence #: As required by section 197.3632, Florida Statutes, and the direction of the City Commission, notice is given by the City of Tamarac that an annual assessment for fire rescue services using the tax bill collection method, may be levied on your property for the fiscal year October 1, 1999 - September 30, 2000. The use of an annual special assessment to fund fire rescue services benefiting improved property located within the City of Tamarac in the past has proven to be fair, efficient and effective. The total annual fire rescue assessment revenue to be collected within the City of Tamarac is estimated to be $2,900,000. The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein. The above parcel is classified as The total number of billing units on the above parcel is The annual fire rescue assessment for the above parcel is $, A public hearing will be held at 7:30 p.m. on September 8, 1999, in the City Commission Chambers of City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida for the purpose of receiving public comment on the proposed assessments. All owners of improved property within the City were mailed individual notices similar to this one last year. Because the estimated fire rescue assessment rate schedule is not set to increase over that which was imposed last year, only owners of reclassified property which resulted in an increased Fire Rescue Assessment, or owners of property not included on the prior year's assessment roll will received updated mailed notice in addition to the annual published notice. You and all other affected property owners have a right C-1 TEMPORARY RESOLUTION 8629 to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. 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, 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 72 hours (3 days) prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 0-96-8), the Initial Assessment Resolution (Resolution No. R-96-160), the Final Assessment Resolution (Resolution No. R-96-175), the Annual Rate Resolution for Fiscal Year commencing October 1, 1997 (Resolution No. R-97-193),the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, and the preliminary Assessment Roll for the upcoming Fiscal Year are available for inspection at the City Clerk's Office, City Hall, located at 7525 Northwest 88th Avenue, Tamarac, Florida. Both the fire rescue non -ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue assessment, please contact the Tamarac Finance Department at (954) 724-1310, Monday through Friday between 9:00 a.m. and 5:00 p.m. If you have a correction, please fill out the enclosed correction request card and return it to the City immediately. *****THIS IS NOTA BILL***** C-2