HomeMy WebLinkAboutCity of Tamarac Resolution R-98-248TEMPORARY RESOLUTION NO. 8362
AUGUST 31,1998
PAGE 1
CITY OF TAMARAC, FLORIDA,�-r
RESOLUTION NO. off _Vdl
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, 1998;
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;
A -
TEMPORARY RESOLUTION NO. 8362
AUGUST 31,1998
PAGE 2
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, 1998;
WHEREAS, the City Commission, on July 22, 1998, adopted Resolution
No. R-98-230 (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, 1998, 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
TEMPORARY RESOLUTION NO. 8362
AUGUST 31,1998
PAGE 3
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
hereto as Appendix A and the proof of publication being attached hereto as Appendix B;
and
WHEREAS, a public hearing was held on September 9, 1998, 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
TEMPORARY RESOLUTION NO. 8362
AUGUST 31,1998
PAGE 4
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
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
TEMPORARY RESOLUTION NO. 8362
AUGUST 31,1998
PAGE 5
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, 1998, 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 Assessed Cost for the
Fiscal Year commencing October 1, 1998, 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
$11,749.12
L $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
TEMPORARY RESOLUTION NO.8362
AUGUST 31,1998
PAGE 6
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, 1998.
(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
Assessments 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.
TEMPORARY RESOLUTION NO.8362
AUGUST 31,1998
PAGE 7
(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 Roll, as delivered to the Tax Collector, shall be accompanied
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.
TEMPORARY RESOLUTION NO. 8362
AUGUST 31,1998
PAGE 8
SECTION 7. SEVERABILITY. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Resolution that can be given effect without the invalid
provision or application, and to this end the provisions of this Resolution are declared to
be severable.
SECTION 8. EFFECTIVE DATE. This Annual Rate Resolution shall take effect
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 9th day of September, 1998.
ATTEST:
CAROL, G
CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form. / I
MIT/f,HEL9... S. KRj
CITY ATTORNEY
,1� SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST 1: COMM. McKAYE
DIST 2: V/M MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
APPENDIX B
PROOF OF PUBLICATION
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, 1998.
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 r day of 1998.
i
CITY OF TAMARAC, FLORIDA
By:
or
[to be delivered to Tax Collector prior to September 15]
C-1
v
CITY OF TAMARAC, FLORIDA
FIRE RESCUE ASSESSMENT
ANNUAL RATE RESOLUTION
FOR
FISCAL YEAR BEGINNING OCTOBER 1, 1998
ADOPTED SEPTEMBER 9, 1998
TABLE OF CONTENTS
Page
SECTION 1.
AUTHORITY....................................................................................3
SECTION 2.
DEFINITIONS AND INTERPRETATION.......................................3
SECTION 3.
REIMPOSITION OF FIRE RESCUE ASSESSMENTS...................3
SECTION 4.
CONFIRMATION OF PRELIMINARY RATE RESOLUTION ...........
6
SECTION 5.
EFFECT OF ADOPTION OF RESOLUTION...................................6
SECTION 6.
CONFLICTS....................................................................................6
SECTION 7.
SEVERABILITY...............................................................................7
SECTION 8.
EFFECTIVE DATE..........................................................................7
APPENDIX A:
AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS..........................................................
A-1
APPENDIX B:
PROOF OF PUBLICATION.........................................................
B-1
APPENDIX C:
FORM OF CERTIFICATE TO NON -AD VALOREM
ASSESSMENT ROLL.................................................................
C-1