HomeMy WebLinkAboutCity of Tamarac Resolution R-96-175Temporary Resolution No. 7481
Draft #2 7/22/96
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96-
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 RATE OF
ASSESSMENT; IMPOSING FIRE RESCUE ASSESSMENTS
AGAINST ASSESSED PROPERTY LOCATED WITHIN THE
CITY OF TAMARAC; 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. 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 imposition 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 initiate a fire rescue assessment
program within the City using the tax bill collection method for the Fiscal Year beginning
on October 1, 1996;
WHEREAS, the City Commission, on June 26, 1996, adopted Resolution No. 96-
160 (the "Initial Assessment Resolution"), containing 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
Temporary Resolution No. 7481
Draft #2 7/22/96
Assessment for fire rescue services, facilities, and programs against Assessed Property,
estimating a rate of assessment, and directing preparation of the Assessment Roll and
provision of the notice required by the Ordinance;
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 City
Commission deems appropriate, after hearing comments and objections of all interested
parties;
WHEREAS, the 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, as required by the
terms of the Ordinance, mailed to each property owner proposed to be assessed notifying
such property owner of the Owner's opportunity to be heard, an affidavit regarding the form
of notice mailed to each property owner 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 July 24, 1996, and comments and
objections of all interested persons have been heard and considered as required by the
terms of the Ordinance.
PA
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Temporary Resolution No. 7481
Draft #2 7/22/96
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to Ordinance No.
96-8, Resolution No. 96-160, sections 166.021 and 166.041, Florida Statutes, and other
applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. This Resolution constitutes
the Final Assessment Resolution as defined in Ordinance No. 96-8. All capitalized terms
in this Resolution shall have the meanings defined in the Ordinance and the Initial
Assessment Resolution.
SECTION 3. INITIAL ASSESSMENT RESOLUTION AMENDED.
(A) The legislative determinations of special benefit and fair apportionment in
Section 5 of the Initial Assessment Resolution are hereby supplemented with the following:
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blic r 4_ P n provide a public benefit. Therefore.. it is- fair and
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Temporary Resolution No. 7481
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(B) Accordingly, 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. Except as modified, amended and supplemented herein, the Initial Assessment
Resolution shall remain in full force and effect.
SECTION 4. FIRE RESCUE ASSESSMENTS.
(A) The parcels of Assessed Property described in the Assessment Roll, which
is hereby approved, are hereby found to be specially benefited by the provision of the fire
rescue services, facilities, and programs described in the Initial Assessment Resolution,
in the amount of the Fire Rescue Assessment set forth in the 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 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 Initial Assessment
Resolution. Adoption of this Final Assessment Resolution constitutes a legislative
determination that all parcels assessed derive a special benefit, as set forth in the
Ordinance and the Initial Assessment Resolution as amended herein, 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 Initial Assessment Resolution.
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Temporary Resolution No. 7481
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(B) The method for computing Fire Rescue Assessments described in the Initial
Assessment Resolution, as modified, amended and supplemented herein, is hereby
approved.
(C) For the Fiscal Year beginning October 1, 1996, the estimated Fire Rescue
Assessed Cost to be assessed is $1,812,826. 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, 1996, 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
$51.50
Parcel
<1,999
$135.22
$30.00
$229.21
$229.21
2,000-3,499
$270.45
$50.56
$460.00
$460.00
3,500-4,999
$473.29
$88.48
$802.25
$802.25
5,000-9,999
$676.12
$126.40
$1,146.07
$1,146.07
10,000-19,999
$1,362.25
$252.81
$2,292.15
$2,292.15
20,000-29,999
$2,704.49
$505.61
$4,584.29
$4,584.29
30,000-39,999
$4,056.74
$758.42
$6,876.44
$6,876.44
40,000-49,999
$5.408.98
$1,011.23
$9,200.00
$9,200.00
>50,000
1 $6,761.231
$1,264.031
$11,460.73 1
$11,460.73
The above rates of assessment are hereby approved. Except as otherwise provided
herein, the Fire Rescue Assessments for fire rescue services, facilities, and programs in
the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and
imposed on all parcels of Assessed Property described in the Assessment Roll.
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Temporary Resolution No. 7481
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(D) 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.
(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.
SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION.
The Initial Assessment Resolution, as modified, amended and supplemented herein,
is hereby confirmed.
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Temporary Resolution No. 7481
Draft #2 7/22/96
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Final Assessment 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 Final Assessment Resolution.
SECTION 7. CONFLICTS. All Resolutions or parts of Resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 8. 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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Temporary Resolution No. 7481
Draft #2 7/22/96
SECTION 9. EFFECTIVE DATE. This Final Assessment Resolution shall take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED AND APPROVED THIS 24th day of July, 1996.
r
*ORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
t m.
MITCHELL O<RAft
CITY ATTORNEY
q &- 1'7 � --
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CITY OF TAMARAC, FLORIDA
FINAL ASSESSMENT RESOLUTION
ADOPTED JULY 24, 1996
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TABLE OF CONTENTS
Page
SECTION 1. AUTHORITY . ........................................ 2
SECTION 2. DEFINITIONS AND INTERPRETATION . .................. 3
SECTION 3. INITIAL ASSESSMENT RESOLUTION AMENDED. .......... 3
SECTION 4. FIRE RESCUE ASSESSMENTS . ........................ 4
SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. .. 6
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION ................. 6
SECTION 7. CONFLICTS ......................................... 7
SECTION 8. SEVERABILITY...................................... 7
SECTION 9. EFFECTIVE DATE . ................................... 7
APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS ............................ A-1
APPENDIX B: PROOF OF PUBLICATION B-1
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APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
C
1
•
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Robert S. Noe, Jr.,
Camille S. Gianatasio, Kevin M. Butler, and Joseph W. Biggs, 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 that certain specialized service agreement with Nabors, Giblin & Nickerson,
P.A. dated April 8, 1996, and 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, and 2.05 of the
Fire Rescue Assessment Ordinance adopted b the City Commission on June 26 1996
p Y Y
(the "Assessment Ordinance") in conformance with the Initial Assessment Resolution
adopted by the City Commission on June 26, 1996 (the "Initial Assessment Resolution").
2. Camille S. Gianatasio is Vice President of Government Systems Group, L.C.
("GSG"). GSG has caused the notices required by Section 2.05 of the Assessment
Ordinance to be prepared in conformance with the Initial Assessment 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
40 determine the assessment; the number of such units contained within each parcel; the total
A-1
. I e- 9 4 -125-
revenue the City expects to collect by the assessment; a statement that failure to pay the
16 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
hearing and to file written objections with the local governing board within 20 days of the
notice; and the date, time, and place of the hearing.
3. On or before July 3, 1996, GSG delivered and directed the mailing of the
above -referenced notices by Mail Master of Tallahassee, Inc. ("Mail Master") and Modern
Mailers, Inc. ("Modern Mailers"), in accordance with Section 2.05 of the Assessment
Ordinance by First Class Mail, to each Owner of Assessed Property (as defined in the
Assessment Ordinance) shown on the initial Assessment Roll, prepared in accordance with
the Initial Assessment Resolution, at the addresses then shown on the real property
49 assessment tax roll database maintained by the Broward County Property Appraiser for the
purposeof the le and collection of ad valorem taxes.
levy
4. Kevin M. Butler is President of Mail Master. As directed above, Mail Master,
mailed or caused to be mailed on or before July 3, 1996, the above -referenced notices
delivered to Mail Master by GSG.
5. Joseph W. Biggs is President of Modern Mailers. As directed above, Modern
Mailers, mailed or caused to be mailed on or before July 3, 1996, the above -referenced
notices delivered to Modern Mailers by GSG.
0 A-2
•
•
•
FURTHER AFFIANTS SAYETH NOT.
Robert S. Noe, Jr., affiantT _
Ca Ile S. Gianatas , affiant
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evin M. Butler, affiant
h W. Biggs, clfFiant
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of July, 1996 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.
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I-SW3.NOTARY - Ph Noluv 9ary ex & Rm[unp (,. hi
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Prin ed Name ,d''Gren
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
STATE OF FLORIDA
COUNTY OF LEON
,The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of July, 1996 by Camille S. Gianatasio, Vice President, Government Systems
Group, L.C., a Florida limited corporation. She is ersonall own to or has
produced as identification and did take an o" oath
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STATE OF FLORIDA �r,;'�llc� S1
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn
day of July, 1996 by Kevin M. Butler, President
a lorida corporation. He is personally known to me
identification and did take q&gp
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STATE OF FLORIDA
COUNTY OF LEON
to and subscribed before me this
Mail Master of Tallahassee, Inc.,
or has produced as
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires:,
Commission No.:
he foregoing Affidavit of Mailing was sworn to
o day of July, 1996 by Joseph W. Biggs, President,
corporation. He is personally known to me or has 1
identification and did taRe an oath.
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PROOF OF PUBLICATION
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iC- 96-% 7,s_ * * * * * NOTICE TO PROPERTY OWNER * * * * *
City of Tamarac
7525 N.W. 88" Avenue
Tamarac, Florida 33321-2401
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# 2796929 CANADA INC
1075 ST GERMAIN CRESCENT
ORLEANS ONTARIO CANADA K1 C2L7
CITY OF TAMARAC, FLORIDA
NOTICE OF HEARING TO IMPOSE AND PROVIDE
FOR COLLECTION OF FIRE RESCUE NON -AD
VALOREM ASSESSMENTS
NOTICE DATE: July 3, 1996
Tax Parcel # 494109CB4110
Legal Description: VERSAILLES GARDENS CONDO
UNIT 201 BLDG 17
As required by Section 197.3632, Florida Statutes, 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, 1996 - September 30, 1997. The purpose of this assessment is to fund fire rescue
services benefiting improved property located within the City of Tamarac. The total annual fire rescue
assessment revenue to be collected within the City of Tamarac is estimated to be $1,812,826. 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 billing units on the above parcel is 1 dwelling unit(s).
The annual fire rescue assessment for the above parcel is $51.50.
A p0ublic hearing will be held at 10:00 a.m. on July 24, 1996, in the City Commission Chambers of City Hall,
525 Northwest 88th Avenue, Tamarac, Florida for the purpose of receiving public comment on the proposed
ssessments. You and all other 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 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 determination of special benefit and fair
apportionment to property, 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, the Initial Assessment Resolution and the preliminary
assessment roll 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 Manager's Office at (954) 724-1230, 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
turn it to the City immediately.
*****THIS IS NOTA BILL***'`*
A-S