HomeMy WebLinkAboutCity of Tamarac Resolution R-99-231TEMPORARY RESOLUTION NO. 8723
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09/09/99
CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
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; REIMPOSING FIRE RESCUE
ASSESSMENTS AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE CITY OF TAMARAC FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1999;
APPROVING THE RATE OF ASSESSMENT; APPROVING
THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of Tamarac, Florida, has enacted Ordinance
No. 0-96-8 (the "Ordinance"), which authorizes the imposition of Fire Rescue Assessments
for fire rescue services, facilities, and programs against Assessed Property located within
the City;
WHEREAS, the reimposition of a Fire Rescue Assessment for fire rescue services,
facilities, and programs each fiscal year is an equitable and efficient method of allocating
and apportioning Fire Rescue Assessed Costs among parcels of Assessed Property;
WHEREAS, the City Commission desires to reimpose a fire rescue assessment
program within the City using the tax bill collection method for the Fiscal Year beginning
on October 1, 1999;
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TEMPORARY RESOLUTION NO. 8723
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09/09/99
WHEREAS, the City Commission, on July 14, 1999, adopted Resolution No. 99-190
(the "Preliminary Rate Resolution"), containing and referencing a brief and general
description of the fire rescue facilities and services to be provided to Assessed Property,
describing the method of apportioning the Fire Rescue Assessed Cost to compute the Fire
Rescue Assessment for fire rescue services, facilities, and programs against Assessed
Property, estimating a rate of assessment, and directing the updating and preparation of
the Assessment Roll, provision of published notice required by the Ordinance and mailed
notice if circumstances described in Section 2.08(F) of the Ordinance so require;
WHEREAS, in order to reimpose Fire Rescue Assessments for the Fiscal Year
beginning October 1, 1999, the Ordinance requires the City Commission to adopt an
Annual Rate Resolution, during its budget adoption process for each Fiscal Year, which
establishes the rate of assessment and approves the Assessment Roll for the upcoming
Fiscal Year, with such amendments as the City Commission deems appropriate, after
hearing comments and objections of all interested parties;
WHEREAS, the updated Assessment Roll has heretofore been made available for
inspection by the public, as required by the Ordinance;
WHEREAS, notice of a public hearing has been published and mailed, as required
by the terms of the Ordinance, which provides notice to all interested persons of an
opportunity to be heard; an affidavit regarding the form of notice mailed being attached
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TEMPORARY RESOLUTION NO.8723
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09/09/99
hereto as Appendix A and the proof of publication being attached hereto as Appendix B;
and
WHEREAS, a public hearing was held on September 8, 1999, and comments and
objections of all interested persons have been heard and considered as required by the
terms of the Ordinance.
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 Ordinance,
the Preliminary Rate Resolution, sections 166.021 and 166.041, Florida Statutes, and
other applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. This Resolution constitutes
the Annual Rate Resolution as defined in the Ordinance. All capitalized terms in this
Resolution shall have the meanings defined in such Ordinance No. 0-96-8, the Initial
Assessment Resolution (Resolution No. R-96-160), the Final Assessment Resolution
(Resolution No. R-96-175) and the Preliminary Rate Resolution.
SECTION 3. REIMPOSITION OF FIRE RESCUE ASSESSMENTS.
(A) The parcels of Assessed Property described in the Assessment Roll, as
updated, which is hereby approved, are hereby found to be specially benefited by the
provision of the fire rescue services, facilities, and programs described or referenced in the
Preliminary Rate Resolution, in the amount of the Fire Rescue Assessment set forth in the
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TEMPORARY RESOLUTION NO.8723
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09/09/99
updated Assessment Roll, a copy of which was present or available for inspection at the
above referenced public hearing and is incorporated herein by reference. It is hereby
ascertained, determined and declared that each parcel of Assessed Property within the
City will be specially benefited by the City's provision of fire rescue services, facilities, and
programs in an amount not less than the Fire Rescue Assessment for such parcel,
computed in the manner set forth in the Preliminary Rate Resolution. Adoption of this
Annual Rate Resolution constitutes a legislative determination that all parcels assessed
derive a special benefit in a manner consistent with the legislative declarations,
determinations and findings as set forth in the Ordinance, the Initial Assessment
Resolution, the Final Assessment Resolution, and the Preliminary Rate Resolution from
the fire rescue services, facilities, or programs to be provided and a legislative
determination that the Fire Rescue Assessments are fairly and reasonably apportioned
among the properties that receive the special benefit as set forth in the Preliminary Rate
Resolution.
(B) The method for computing Fire Rescue Assessments described or
referenced in the Preliminary Rate Resolution is hereby approved.
(C) For the Fiscal Year beginning October 1, 1999, the estimated Fire Rescue
Assessed Cost to be assessed is $2,900,000, The 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
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TEMPORARY RESOLUTION NO. 8723
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09/09/99
Assessed Cost for the Fiscal Year commencing October 1, 1999, are hereby
established as follows:
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
The above rates of assessment are hereby approved. Fire Rescue Assessments for fire
rescue services, facilities, and programs in the amounts set forth in the updated
Assessment Roll, as herein approved, are hereby levied and reimposed on all parcels of
Assessed Property described in such Assessment Roll for the Fiscal Year beginning
October 1, 1999.
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TEMPORARY RESOLUTION NO.8723
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09/09/99
(D) No Fire Rescue Assessment shall be imposed upon a parcel of Institutional
Property whose use is wholly exempt from ad valorem taxation under Florida law. Any
shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or
exemption from payment of the Fire Rescue Assessments required by law or authorized
by the City Commission shall be supplemented by any legally available funds, or
combination of such funds, and shall not be paid for by proceeds or funds derived from the
Fire Rescue Assessments.
(E) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue
aAssessments are also levied and imposed against all property for which a Certificate of
Occupancy is issued after adoption of this Resolution based upon the rates of assessment
approved herein.
(F) Fire Rescue Assessments shall constitute a lien upon the Assessed Property
so assessed equal in rank and dignity with the liens of all state, county, district or municipal
taxes and other non -ad valorem assessments. Except as otherwise provided by law, such
lien shall be superior in dignity to all other liens, titles and claims, until paid.
(G) The Assessment Roll, as herein approved, together with the correction of any
errors or omissions as provided for in the Ordinance, shall be delivered to the Tax Collector
for collection using the tax bill collection method in the manner prescribed by the
Ordinance. The Assessment Roll0 , as delivered to the Tax Collector, shall be accompanied
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TEMPORARY RESOLUTION NO.8723
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09/09/99
by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached
hereto as Appendix C.
SECTION 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION. The
Preliminary Rate Resolution is hereby confirmed.
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Annual Rate Resolution shall be the final adjudication of the issues presented (including,
but not limited to, the determination of special benefit and fair apportionment to the
Assessed Property, the method of apportionment and assessment, the rate of assessment,
the Assessment Roll and the levy and lien of the Fire Rescue Assessments), unless proper
steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days
from the date of this Annual Rate Resolution.
SECTION 6. CONFLICTS. All resolutions or parts of resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 7. 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.
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VA
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TEMPORARY RESOLUTION NO. 8723
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09/09/99
SECTION 8. EFFECTIVE DATE. This Annual Rate Resolution shall take effect
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 8th day of September, 1999.
ATTEST:
&'e4�e� —
CAROL , G D CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
U I Y Al I ORNLY
WMIN rr. 'teffixtm
RECORD OF COMMISSION
DIST 1;
DIET 2:
DIST &
DIST *:
SULT
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APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
1
1
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Robert S. Noe, Jr.,
Camille S. Gianatasio, and Kevin Butler, who, after being duly sworn, depose and say:
1. Robert S. Noe, Jr., as City Manager of the City of Tamarac, Florida ("City"),
pursuant to the authority and direction received from the City Commission, timely directed
the preparation of the Assessment Roll and the preparation, mailing, and publication of
notices in accordance with Sections 2.03, 2.04, 2.05 and 2.08 of the Fire Rescue
Assessment Ordinance adopted by the City Commission on June 26, 1996 (the
"Assessment Ordinance") in conformance with the Preliminary Rate Resolution adopted
by the City Commission on July 14, 1999 (the "Preliminary Rate Resolution"). The
Preliminary Rate Resolution directed and authorized notice by First Class Mail only to
affected owners in the event circumstances described in Section 2.08(F) of the Ordinance
• so required.
2. Camille S. Gianatasio is Vice President of GSG. GSG has caused the
notices required by Sections 2.05 and 2.08 of the Assessment Ordinance to be prepared
in conformance with the Preliminary Rate Resolution. An exemplary form of such notice
is attached hereto. GSG has caused such individual notices for each affected property
owner to be prepared and each notice included the following information: the purpose of
the assessment; the total amount proposed to be levied against each parcel; the unit of
measurement to be applied against each parcel to determine the assessment; the number
of such units contained within each parcel; the total revenue the City expects to collect by
the assessment; a statement that failure to pay'the assessment will cause a tax certificate
to be issued against the property which may result in a loss of title; a statement that all
affected property owners have a right to appear at the hearingand to file written objections
1
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with the local governing board within 20 days of the notice; and the date, time, and place
of the hearing.
3. On or before August 18, 1999, GSG delivered and directed the mailing of the
above -referenced notices by Mail Master of Tallahassee, Inc. ("Mail Master"), in
accordance with Sections 2.05 and 2.08(F) of the Assessment Ordinance and the
Preliminary Rate Resolution by First Class Mail, to each affected o-,/vner, at the addresses
then shown on the real property assessment tax roll database maintained by the Broward
County Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
Notices to property owners receiving multiple individual notices were mailed, or caused to
be mailed by GSG on or before August 18, 1999.
4. Kevin Butler is President of Mail Master. As directed above, Mail Master,
mailed or caused to be mailed on or before August 18, 1999, the above -referenced notices
delivered to Mail Master by GSG.
FURTHER AFFIANTS SAYETH NOT.
Robert S. Noe, Jr., affiant
S uo
Camille S. Gianata 0 , affiant
i
Kevin Butler, affiant
11
IFWAVA
•
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of Z , 4A-"j�4 1999 by Robert S. Noe, Jr., City Manager, City of Tamarac,
Florida. He is personal) known to me or has produced as identification and
did take an oath.
oc'-�
Printed Na :
Notary Public, State of Florida
At Large
My Commission Expires:
C'.<CiK CCC4t`.C44C<.SC+.SCi�•.C;:C'�S000CCCCK�CS
Commission 1`d�� 7t% ,
;Notary Public, State of Florida'
STATE OF FLORIDA ;<'.�d:' CommissionNo.CC597328
>t ° '`••' My Commission Exp. 12!27/2000,?%.
COUNTY OF LEO N ,< Bonded Through Fla. Notary Service t 3oniLng C). >`
>:rrrrtr��rtrr�rr!rrirrrrrr%,. �r,: •.'r. �nrrrn:•< 1,
The fa;p,
ing Affidavit of Mailing was sworn to and subscribed before me this
day of , 1999 by Camille S. Gianatasio, Vice President, Government
Services Gro tnc., a Florida corporation. She is personally known to me or has
produced as identification and did take a oath.
rinted Name: L sue/
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.: Lindsay
STATE OF FLORIDA ` 5 MY COMMISSION # CC793266 EXP:K''
COUNTY OF LEONo= March 23,2003
RR1 'CNDEDTHRUTRCYFA;NINSUR I" -E
The foreg 'ng Affidavit of Mailing was sworn to and subscribed before me this
day of 1999 by Kevin Butler, President, Mail Master of
Tallahassee, In ., ' Florida corporation. He is personally known to me or has produced
as identification and did take an oath
ri ted Name. �r n -t
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
Katherine E. Lindsay
.' ._ `.1Y C-mmiSSION # CC793266 EXPRE
March 23, 2003
9" h :CNIXn n.cu rcpv Fe;t) riSURLhCE.. ,
A-3
CITY OF TAMARAC, FLORIDA
CITY OF TAMARAC
7525 NORTHWEST 88TH AVENUE
TAMARAC, FLORIDA 33321-2401
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF FIRE RESCUE NON -AD VALOREM
ASSESSMENTS
NOTICE DATE: AUGUST 18, 1999
* * * * * NOTICE TO PROPERTY OWNER * * * * *
RIOS,CHARLIE Parcel ID #: 494103300470
6786 NW 69 CT Tax Parcel #: 191033004700
TAMARAC FL 33321 Legal Description: MC NAB COMMERCIAL SUB NO 1
Sequence #: 1
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 RESIDENTIAL.
The total number of number of billing units on the above parcel is 1 dwelling unit.
The annual fire rescue assessment for the above parcel is $79.55.
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 yea
assessment roll will received updated mailed notice in addition to the annual published notice. You and all other affect
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 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 City Clerk's Office at (954) 724-1200, 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 NOT A BILL * * * * * 0
•
APPENDIX B
PROOF OF PUBLICATION
•
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APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
•
•
•
CERTIFICATE
TO
NON -AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Mayor of the City Commission, or authorized
agent of the City of Tamarac, Florida (the "City"); as such I have satisfied myself that all
property included or includable on the non -ad valorem assessment roll for fire rescue
services (the "Non -Ad Valorem Assessment Roll") for the City is properly assessed .so far
as I have been able to ascertain; and that all required extensions on the above described
roll to show the non -ad valorem assessments attributable to the property listed therein
have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection
Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be
delivered to the Broward County Tax Collector by September 15, 1999.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same
to be delivered to the Broward County Tax Collector and.made part of the above described
Non -Ad Valorem Assessment Roll this - day of ,L 1,_� , 1999.
CITY OF TAMARAC, FLORIDA
2L
By:
(I �, L"L�e)
or
[to be delivered to Tax Collector prior to September 15]