HomeMy WebLinkAboutCity of Tamarac Resolution R-99-251Temp. Reso. #8717, August 25, 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 99-_v s(
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, RELATING TO THE
CONSTRUCTION OF AND FUNDING OF WATER
DISTRIBUTION FACILITIES AND WASTEWATER
COLLECTION FACILITIES; CREATING THE NORTH
SECTION 7 ASSESSMENT AREA; AMENDING AND
CONFIRMING THE INITIAL ASSESSMENT RESOLUTION,
ESTABLISHING THE MAXIMUM AMOUNT OF THE ANNUAL
ASSESSMENT FOR EACH TAX PARCEL; IMPOSING
ASSESSMENTS AGAINST PROPERTY WITHIN THE NORTH
SECTION 7 ASSESSMENT AREA; APPROVING THE
ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF
THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission (the "Commission") of the City of Tamarac,
Florida, enacted Ordinance No. 0-99-12 on June 23, 1999 (the "Ordinance"), to provide
for the creation of assessment areas and authorize the imposition of special assessments
to fund the construction of local improvements to serve the property located therein; and
WHEREAS, on July 14, 1999, the Commission adopted Resolution No. R99-189,
the Initial Assessment Resolution, proposing the creation of the North Section 7
Assessment Area and describing the method of assessing the cost of Hiatus Water
Facilities and the Hiatus Wastewater Facilities (as defined therein) against the real property
that will be specially benefitted thereby, and directing preparation of the tentative
Assessment Roll and provision of the notices required by the Ordinance; and
Temp. Reso. #8717, August 25, 1999
WHEREAS, pursuant to the provisions of the Ordinance, the City is required to
confirm or repeal the Initial Assessment Resolution, with such amendments as the
Commission deems appropriate, after hearing comments and receiving objections of all
interested parties; and
WHEREAS, the Assessment Roll has heretofore been filed with the office of the
City Clerk, as required by the Ordinance; and
WHEREAS, as required by the terms of the Ordinance, notice of a public hearing
has been published and mailed to each property owner proposed to be assessed notifying
such property owner of the opportunity to be heard; the proof of publication and an affidavit
of mailing are attached hereto as Appendices A and B respectively; and
WHEREAS, a public hearing has been duly held and comments and objections of
all interested persons have been heard and considered as required by the terms of the
Ordinance; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to create the North Section 7
Assessment Area, amend the intial assessment resolution, and impose assessments
against property within the assessment area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance,
Chapter 166, Florida Statutes, and other applicable provisions of law.
Temp. Reso. #8717, August 25, 1999
SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution
as defined in the Ordinance. All capitalized terms in this Resolution shall have the
meanings defined in the Ordinance and the Initial Assessment Resolution.
SECTION 3. AMENDMENT TO SECTION 5.01 OF THE INITIAL ASSESSMENT
RESOLUTION. Section 5.01 of the Initial Assessment Resolution is hereby amended to
read as follows:
SECTION 5.01. DESCRIPTION OF ASSESSMENT AREA. The
proposed North Section 7 Assessment Area shall include the property
located within the North One -Half of Section 7, Township 49 South, Range
41 East of Broward County, Florida. The North Section 7 Assessment Area
is proposed for the purpose of improving the use and enjoyment of property
located therein by funding the construction of Hiatus Water Facilities and
Hiatus Wastewater Facilities to provide access to potable water and
wastewater treatment services.
SECTION 4. CREATION OF THE ASSESSMENT AREA. The North Section 7
Assessment Area is hereby created to include the North One -Half of Section 7, Township
49 South, Range 41 East of Broward County, Florida. The North Section 7 Assessment
Area is created for the purpose of improving the use and enjoyment of property located
therein by funding the construction of the Hiatus Water Facilities and Hiatus Wastewater
Facilities to provide access to potable water and wastewater treatment services.
SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The
Initial Assessment Resolution is hereby ratified and confirmed.
1
Temp. Reso. #8717, August 25, 1999
SECTION 6. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, a copy
of which is attached hereto as Appendix D, is hereby approved.
SECTION 7. ASSESSMENTS.
(A) The Tax Parcels described in the Assessment Roll are hereby found to be
specially benefitted by the construction of the Hiatus Water Facilities and Hiatus
Wastewater Facilities in the amount of the maximum annual Assessment set forth in the
Assessment Roll. The methodology for computing annual Assessments described in the
Initial Assessment Resolution is hereby approved. Annual Assessments computed in the
manner described in the Initial Assessment Resolution are hereby levied and imposed for
a period of five (5) years, commencing November, 1999 as follows:
Parcel Number
Initial
Prepayment Amount
Maximum Annual
Assessment Amount
484107010012
$
72,208.17
$
17,907.32
494107010013
$
24,403.70
$
6,052.01
494107010014
$
18,047.11
$
4,475.61
494107010015
$
7,753.46
$
1,922.83
494107010022
$
1,920.35
$
476.24
494107010040
$
32,854.89
$
8,147.87
494107010050
$
37,290.75
$
9,247.95
494107010161
$
22,537.74
$
5,589.26
494107010170
$
94,761.90
$
23,500.54
494107020010
$
-
$
-
Temp. Reso. #8717, August 25, 1999
494107040010
$
15,832.70
$
3,926.44
494107050010
$
20,788.63
$
5,155.49
494107060010
$
8,407.53
$
2,085.03
494107080010
$
-
$
-
494107080020
$
3,557.35
$
882.21
494107080021
$
-
$
-
494107080022
$
-
$
-
494107090010
$
223,699,71
$
55,476.57
(B) Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the
Assessments shall constitute a lien against assessed property equal in rank and dignity
with the liens of all state, county, district or municipal taxes and other non -ad valorem
assessments. Except as otherwise provided by law, such lien shall be superior in dignity
to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon
adoption by the Commission of the Annual Assessment Resolution and shall attach to the
property included on the Assessment Roll as of the prior January 1, the lien date for ad
valorem taxes.
SECTION 8. COLLECTION OF ASSESSMENTS. In the first year the Assessment
is imposed, the Assessments shall be collected pursuant to the alternative method of
collection described in Section 3.02 of the Ordinance. Thereafter, the Assessments shall
be collected pursuant to the Uniform Assessment Collection Act. As provided in Section
3.02 of the Ordinance, the amount of an Assessment to be collected pursuant to the
Temp. Reso. #8717, August 25, 1999
Uniform Assessment Collection Act in the second year shall include any Delinquency
Amount (as defined in the Initial Assessment Resolution). Upon adoption of the Annual
Assessment Resolution for each Fiscal Year, the City Clerk shall cause the certification
and delivery of the Assessment Roll to the Tax Collector by September 15, in the manner
prescribed by the Uniform Assessment Collection Act.
SECTION 9. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of
this Final Assessment Resolution shall be the final adjudication of the issues presented
herein and in the Initial Assessment Resolution (including, but not limited to, the method
by which the Assessments will be computed, the Assessment Roll, the maximum annual
Assessment, the levy and lien of the Assessments and the terms for prepayment of the
Assessments) unless proper steps are initiated in a court of competent jurisdiction to
secure relief within 20 days from the date of Commission action on this Final Assessment
Resolution.
SECTION 10. PREPAYMENT NOTICE. The City Clerk is hereby directed to
provide notice by first class mail to the owner of each Tax Parcel described in the
Assessment Roll of the opportunity to prepay all future annual Assessments, without
additional financing cost. The notice, in substantially the form attached as Appendix C,
shall be mailed to each property owner at the address utilized for the notice provided
pursuant to Section 2.05 of the Initial Assessment Resolution,
SECTION 11. ASSESSMENT NOTICE, The City Clerk is hereby directed to
record this Resolution as notice of the Assessments in the Official Records Book in the
office of the Broward County Clerk of Courts. The preliminary Assessment Roll and each
annual Assessment Roll shall be retained by the City Clerk and shall be available for public
Temp. Reso. #8717, August 25, 1999
inspection.
SECTION 12. CONFLICTS. All Resolutions or parts of Resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 13. SEVERABILITY. If any clause, section, other part or application of
this Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 14. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this 22nd day of September, 1999.
ATTEST:
6""e "' "�'
CAROL GOL , CMC/AAE
CITY C RK
_1
JOE SCHREIBER
MAYOR
FIECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: . COMM. PORTNE,,A„,�
DIST 2: V/M MISHKIN
DIST & COMM. SULTANOF i
DIST 4: COMM. ROBE
Temp. Reso. #8717
Appendix A
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City of Tamarac Utilities System
Assessment Program
(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 9:30 A.M., or 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 flight to appear at the hearing and to file,.
written objections with the City Commissioner within 20 days of this notice. If a person'
wishes to appeal any decision made by the City Commissioner with respect to any matter
considered at the hearing, such a person will- need a record of the proceedings and may-
need to ensure that a verbatim record is made, including the testimony and evidence uporr
which the appeal is to be made.
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 July 14, 1999. Copies of the Initials Assessment Resolution, the plans for the water distri-
bution and wastewater collection facilities, and the preliminary Assessment Roll are avail
able 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 five (5) annual assessments may be prepaid at the option of.,
the property owner. ,,
If you have any questions, please contact the Utilities Department office at 954/724-2400
Monday through Friday between 8:00 a.m. and 5:00 p.m.
CAROL GOLD, CMC/AAE
CITY CLERK OF TAMARAC, FLORIDA
•
Temp. Reso. #8717
Appendix B
AFFIDAVIT OF MAILING
STATE OF FLORIDA
COUNTY OF LEON
BEFORE ME, the undersigned authority, personally appeared Camille S.
Gianatasio, who, after being duly sworn, deposes and says:
1. I, Camille S. Gianatasio, have been designated by the City Manager of the
City of Tamarac, Florida, to mail the notices required by Section 2.05 of Resolution No.
R99-189, adopted by the City Commission of the City of Tamarac, Florida, on July 14,
1999 (the "Initial Assessment Resolution")
2. On or before August 4, 1999, 1 mailed, or directed the mailing of, a notice
0 in accordance with Section 2.05 of the Initial Assessment Resolution by first class mail,
to each owner of property within the North Section 7 Assessment Area in conformance
with the requirements of Ordinance No. 0-99-12, enacted by the City Commission of
the City of Tamarac, Florida, on June 23, 1999, at the address shown on the real
property assessment tax roll maintained by the Broward County Property Appraiser for
the purpose of the levy and collection of ad valorem taxes.
FURTHER AFFIANT SAYETH NOT.
Affiant
0 B-1
�J
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me by Camille S.
Gianatasio, who is personally known to me or who has produced as
identification and did (did not) take an oath.
WITNESS, my hand and official seal this day of , A.D.,
WORD]
acknowledgment
My commission expires:
Signature of person taking
Name of acknowledger (printed)
Temp. Reso. #8717
is Appendix C
CITY OF TAMARAC, FLORIDA
7525 Northwest 88th Avenue
Tamarac, Florida 33321
[Insert Date]
[Property Owner Name]
[Street Address]
[City, State and zip]
Re: Tax Parcel Number [Insert Number]
North Section 7 Assessment Area
Dear Property Owner:
The City Commission of the City of Tamarac, Florida recently established and approved
a special assessment for water distribution and wastewater collection facilities within the
North Section 7 Assessment Area. This type of financing where the property owners
participate in the cost of the program is used throughout Florida and is consistent with
• the policy of the City of Tamarac.
The assessments will initially be collected by a special bill mailed directly to the property
owners containing a brief explanation of the assessment, a description of the units used
to determine the amount of the assessment, the number of units attributable to your tax
parcel, the total amount of the tax parcel's assessment for the period, payment
information and a statement that the assessment constitutes a lien against your
property in equal rank and dignity with the liens of all state, county, district or municipal
taxes and other non -ad valorem assessments. After the first year, the assessments will
be collected on the ad valorem tax bill. The assessments will be payable in five (5)
annual installments, the first of which will be mailed in November, 1999. Failure to pay
the assessments will cause a tax certificate to be issued against the property, which
may result in a loss of title.
The City has financed this project with an internal loan. This will permit the cost
attributable to your property to be amortized over a period of five (5) years. However,
you may choose to prepay your assessment in full at any time to avoid additional
interest. The amount required to prepay the assessment on or prior to {insert
prepayment date) is {insert amount).
After {insert prepayment date}, the amount required to prepay the assessment will be
increased to include additional interest on the loan.
CI
Please make checks for prepayment amounts payable to CITY
Prepayment may be made by mail to the Finance
Northwest 88th Avenue, Tamarac, Florida, or in person
Department of Tamarac, Florida, located at the Tamarac
Avenue. Please be sure to either write the assessment
Department, City Hall, 7525
at the office of the Finance
City Hall, 7525 Northwest 88th
parcel number (shown at the
top of this letter) on your check or return this letter with your payment.
Assessment records and copies of applicable Ordinances and Resolutions passed by
the City Commission are on file at the City Clerk's office located at 7525 Northwest 88th
Avenue, Tamarac, Florida.
CITY CLERK OF TAMARAC, FLORIDA
Temp. Re5o. #8717
Appendix D
•
A
0
Parcel Number Property Water Wastewater Total
Owner Assessment Assessment Assessment
Prepavment Prepavment Prepavment
494107020010
JBC investments, Inc.
494107080010
Tamarac Business Center, Inc.
494107080020
Sam and Nathan Butters
494107080021
Arch Aluminum, L.C.
494107080022
Sun Belt Precision Products, Inc.
494107010161
Francis Realty Corp.
494107060010
Yolanda Maurer
494107040010
James C. Jacobson, Trustee
494107010022
Weisz
494107080020
Sam and Nathan Butters
494107010012
Sani Pip, Inc.
484107010013
Archbishop Coleman F. Carroll
494107010040
Simon and Ruth Ash
494107050010
Jerris Florida Properties, Inc.
494107010050
Catherine Pisciotti & Marianne Winfieli
494107090010
Southeast Property Acquisition
494107010170
Broward County Expressway Authoriti
494107010015
Joseph Allan Caplan
494107010014
Jinda Lwin
Total
-
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
$12,109.11
$10,428.63
$22,537.74
$3,647.70
$4,759.83
$8,407.53
$9,609,93
$6,222.77
$15,832.70
$1,920,35
$0.00
$1,920,35
$1,550.00
$2,007.35
$3,557.35
$35,958.10
$36,250.07
$72,208.17
$6,760.47
$17,643.23
$24,403.70
$17,652.32
$15,202.57
$32,854,89
$5,759.00
$15,029.63
$20,788.63
$20,035.62
$17,255.13
$37,290.75
$120,189.68
$103,510.03
$223,699.71
$26,251.55
$68,510.35
$94,761.90
$4,165.79
$3,587.67
$7,753,46
$9,696.38
$8,350.74
$18,047.12
$275,306.00
$308 758.00
$584,064.00