HomeMy WebLinkAboutCity of Tamarac Resolution R-95-249Temp. Reso. #7250
Revision #1 10/31/95
Revision #2 11 /01 /95
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-95-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO NEGOTIATE AND
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
TAMARAC AND THE LAW FIRM OF NABORS, GIBLIN &
NICKERSON, P.A. FOR ASSISTANCE IN ELECTING TO
USE THE UNIFORM METHOD OF COLLECTING NON -AD
VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN
THE INCORPORATED AREA OF THE CITY OF
TAMARAC FOR THE FUNDING OF FIRE/RESCUE
SERVICES AND FACILITIES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN -EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac, Florida is considering
the imposition of special assessments for the funding of fire/rescue services and
facilities; and
WHEREAS, the City is considering using the uniform method for collecting
non -ad valorem special assessments for the cost of providing fire/rescue services and
facilities to property within the incorporated area of the City as authorized by Section
197.3632, Florida Statute, as amended, because this method will allow such special
assessments to be collected annually commencing in November 1996, in the same
manner as provided for ad valorem taxes; and
WHEREAS, this resolution does not obligate the City of Tamarac to use the
method or impose a special assessment; and
WHEREAS, the City Manager and City Attorney, after due consideration has
recommended the law firm of Nabors, Giblin & Nickerson, P.A. as special counsel to
review all necessary materials to determine the feasibility of funding fire/rescue
services by special assessment and recommends entering into negotiation of
contractual terms with Nabors, Giblin & Nickerson, P.A. in an amount not to exceed
seventy thousand dollars ($70,000); and
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Temp. Reso. #7250
Revision #1 10/31 /95
Revision #2 11/01/95
WHEREAS, funding is available from the Fire ALS Reserve account and
recommended as a funding source; and
WHEREAS, in accordance with Section 197.3632, Florida Statutes, a public
hearing must be held and an adoption of a resolution specifically approving the intent
to use the uniform method of collection prior to January 1, 1996; and
WHEREAS, in accordance with Section 197.3632, Florida Statutes, a notice of
the public hearing to adopt the resolution of intent must appear in a newspaper of
general circulation for the four consecutive weeks immediately preceding the date of
the public hearing; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to
be in the best interests of the citizens and residents of the City of Tamarac to
approve Nabors, Giblin & Nickerson, P.A. as special counsel for the purpose of
assisting the City of Tamarac in determining the feasibility of electing to use the
uniform method of collecting non -ad valorem special assessments levied within the
incorporated area of the City of Tamarac for the funding of fire/rescue services and
facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and is hereby made a specific part of this
Resolution.
SECTION 2: The appropriate City Officials are hereby authorized to negotiate
and enter into an agreement between the City of Tamarac and the law firm of
Nabors, Giblin & Nickerson, P.A. for special counsel services relating to the uniform
method of collecting non -ad valorem assessments authorized in Section 197.3632,
Florida Statutes, as amended, for collecting non -ad valorem assessments for the cost
of providing fire/rescue services and facilities in an amount not to exceed seventy
thousand dollars ($70,000).
SECTION 3: The City Clerk is hereby authorized to publish in the appropriate
newspaper of general circulation the Notice of Intent to Use Uniform Method of
Collecting Non -Ad Valorem Assessments attached as Exhibit A during the weeks of
November 12, November 19, November 26 and December 3, 1995.
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Revision #2 11 /01 /95
SECTION 4: The City Clerk is hereby authorized to advertise a public hearing
to be held on December 13th, 1995 to address the use of the uniform method of
collecting such assessments.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 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 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
1995.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
AffNHELL S. KR FT
CITY ATTORN Y
MAYOR
day of luioue 6e c- ,
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
DISTRICT 1;
DISTRICT 2• ~"^
DiS TRICT 3:
T;,SiSTR1CT 4•
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EXHIBIT A
NOTICE OF INTENT TO USE UNIFORM METHOD OF
COLLECTING NON -AD VALOREM ASSESSMENTS
The City Commission of the City of Tamarac, Florida (the "City Commission")
hereby provides notice, pursuant to Section 197.3632(3) (a), Florida Statutes, of its
intent to use the uniform method of collecting non -ad valorem special assessments to
be levied within the incorporated area of the City of Tamarac, for the cost of providing
fire/rescue services and facilities commencing for the Fiscal Year beginning on October
1, 1996. The City Commission will consider the adoption of a resolution electing to use
the uniform method of collecting such assessments authorized by Section 197.3632,
Florida Statutes, at a public hearing to be held at 7:30 pm, December 13, 1995, in the
Commission Chambers of City Hall located at 7525 N.W. 88th Avenue, Tamarac,
Florida. Such resolution will state the need for the levy and will contain a legal
description of the boundaries of the real property subject to the levy. Copies of the
proposed form of resolution, which contains the legal description of the real property
subject to the levy, are on file at the Office of the City Clerk, City of Tamarac, located at
7525 N.W. 88th Avenue, Tamarac, Florida. All interested persons are invited to attend.
In the event any person decides to appeal any decision by the City Commission
with respect to any matter relating to the consideration of the resolution at the above -
referenced public hearing, a record of the proceeding may be needed and in such an
event, such person may need to ensure that a verbatim record of the public hearing is
made, which record includes the testimony and evidence on which the appeal is to be
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EXHIBIT A
based. 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 seven days prior to the date of the
hearing.
Dated this
By Order Of:
1
day of November, 1995.
Clerk of the City of Tamarac, Florida
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AGREEMENT
This Agreement is entered into this q day of AVII ( , 1996, between the
City Commission of the City of Tamarac, Florida (the `City") and Nabors, Giblin &
Nickerson, P.A. ("NG&N") to provide for specialized services to develop and implement a
non -ad valorem assessment program for fire and emergency medical services ("fire/rescue
services") for the City.
WHEREAS, the City is contemplating the utilization of a non -ad valorem
assessment program for funding the costs of the fire/rescue services for Fiscal Year 1997;
and
WHEREAS, NG&N possesses experience in the development and implementation
of non -ad valorem assessment programs for funding the cost of fire/rescue services
provided by local governments.
In recognition of such acknowledgments, the parties hereto agree as follows:
SECTION 1. SCOPE OF SERVICES. NG&N will develop an alternative
assessment funding mechanism for fire/rescue services based on the public policy
established by the City. NG&N will ensure the timely performance of the tasks
contemplated in the scope of services listed in the attached "Appendix A" in accomplishing
the following:
• Determination of assessment revenue requirements and identification of all other
non -assessment revenues within the fire/rescue services program of the City;
• Provision of implementation services aimed at developing a legally defensible
method of apportionment conducive to use with the City's ad valorem tax roll data
base;
• Development of the implementation documentation for the annual collection method
which meets all case law and statutory requirements; and
• Development of an assessment roll conducive to collecting the annual assessments
capable of being efficiently updated and used in subsequent years.
The Scope of Services shall include the preparation of the ordinance, implementing
resolutions, and other documentation required to produce an assessment roll for the
agreed upon fire/rescue services on compatible electronic media as required in section
197.3632, Florida Statutes, for incorporation on the ad valorem tax statement mailed for
Fiscal Year 1997. Upon the completion of the Scope of Services, the City of Tamarac will
be able to begin the collection of the assessment. Such ordinance, implementing
resolutions, and documentation is described in detail in Section 2 of this Agreement.
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9 SECTION 2. PROJECT DELIVERABLES. NG&N will provide the City with the
following documents anddata as part of its scope of services in accordance with the
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schedule in the attached Appendix B":
• An assessment report which provides: (a) the assessment cost calculations; (b) the
description of the apportionment methodology; (c) a legal sufficiency review; and (d)
an implementation schedule;
• A home -rule service assessment ordinance and all requisite implementing
resolutions for the annual assessment program;
• The statutorily required notice and billing documentation required for utilization of
the tax bill collection method for the annual assessment program;
• Billing algorithms necessary to calculate fire/rescue assessments pursuant to the
approved methodology;
• The final fire/rescue assessment rates; and
• An assessment roll in an electronic format capable of merging with the Broward
County real property assessment roll in conformity with the requirements of
utilization of the tax bill collection method for Fiscal Year 1997.
SECTION 3. COMPENSATION AND BILLING. The City shall pay NG&N a lump
sum of $65,000 for professional fees and up to $5,000 for expenses on a percent complete
basis pursuant to the schedule in "Appendix B." NG&N shall provide periodic statements
for professional fees and expenses to the City pursuant to the schedule in "Appendix B."
The City shall make payments to NG&N for such fees and expenses.
SECTION 4. TERMINATION. NG&N shall serve at the pleasure of the City. In the
event of termination of this Agreement by the City, the City shall pay for professional
services rendered and expenses incurred on a percent complete basis pursuant to the fee
schedule in "Appendix B."
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City of Tamarac and Nabors, Giblin & Nickerson, P.A. Agreement
0 for EMS Assessment Services
ATTEST:
42z-t"e-�
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
AG EEMENT as to form.
MI HELLS. K T
CITY ATTORNE
CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA
By:
NORMAN ABRAMOWITZ
MAYOR
NABORS, GIBLIN & NICKERSON, P.A.
By: yu I A��
Robert L. Nab
President
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SCOPE OF SERVICES
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City of Tamarac
Assessment Program for Fire/Rescue Services
It is contemplated and understood that the following Scope of Services provides for
the performance of certain analyses and consulting services by Government Systems
Group, L.C. ("GSG") and David M. Griffith & Associates Ltd. ("DMG").
Scope of Services
1) Evaluate the City's existing legal documents, ad valorem tax roll information, fire call
data, agreements, reports and other data pertaining to the provision of fire/rescue
services.
2) Prepare the necessary notice of intent resolutions to use the tax bill collection
method and ensure appropriate advertisement of the public hearing to adopt the
notice of intent resolution for the assessment program.
3) Identify the full cost of the fire/rescue service delivery using the City's most current
financial information including direct and indirect costs and identify service delivery
issues which may affect the apportionment methodology. Identify the alternative
. sources of revenue to fund the service delivery costs and determine the net service
delivery revenue requirements.
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However, the scope of services does not contemplate a detailed analysis of
fire/rescue service delivery options or a fire services user fee study. Should the City
desire more detailed analyses regarding service delivery, alternative revenue
options or the utilization of an alternative billing and collection system, we would be
pleased to provide a change order to the scope of services and fees accordingly.
4) Develop a method of apportionment, classification of properties and the use of the
data on the ad valorem roll. Review the assessment methodology for legal
sufficiency and compatibility with the tax bill collection method.
5) Advise the City in determining the total fire/rescue assessment revenue
requirements to ensure the City recovers the costs of: (a) net fire/rescue service
delivery revenue requirements, (b) implementation of the program and (c) collection
of the assessments.
6) Create an assessment roll database using the City's most recent ad valorem tax
roll. Test the sufficiency of the database by developing reports to access property
use information.
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7) Apply apportionment methodology to assessment roll database to test the data
validity and legal sufficiency. Revise the apportionment methodology, as necessary.
8) Calculate a proforma schedule of rates based on the apportionment methodology
and revenue requirements for the assessment program.
9) Draft a home -rule service assessment ordinance which provides the City with the
flexibility to impose and collect assessments using the tax bill collection method.
10) Update the assessment roll for use in the annual assessment program to correlate
with revisions to the Fiscal Year 1997 ad valorem tax roll.
11) Calculate proforma schedule of rates based on the apportionment methodology and
revenue requirements for the Fiscal Year 1997 assessment program.
12) Draft an initial assessment resolution that conforms to the service assessment
ordinance to impose the fire/rescue assessment to implement the City's policy
decisions and proposed methodology.
13) Develop a billing system necessary to implement the assessment program and
capable of interfacing with City data processing capabilities including billing
algorithms.
14) Draft a final assessment resolution that conforms to the service assessment
ordinance to impose the fire/rescue assessment and adopts final assessment rates.
15) Advise and assist with the legal requirements for the adoption of the final
assessment rate resolution and certification of the assessment roll in accordance
with section 197.3632, Florida Statutes, including: (a) the development of the first
class notice and its distribution, (b) publication of the public hearing, (c)
development of a public information sheet, (d) attendance at the public hearing, and
(e) the certification of the assessment roll to the Broward County Department of
Revenue Collection.
Fee and Costs
For services provided by NG&N, and GSG and DMG as subcontractors, the lump
sum fee for the scope of services is $65,000 for professional fees and up to $5,000 for
expenses. The lump sum fee would be due and payable as described in the payment
schedule provided as "Appendix B" under a, percent complete basis. The lump sum fee
does not include reimbursement of costs incurred. Such costs include photocopies, long
distance telephone charges, overnight delivery services, and travel expenses which will be
reimbursed up to a maximum of $5,000 upon City's receipt of a statement of expenses
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incurred. The lump sum fee and the reimbursement of expenses does not include the
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In addition to the on -site visits by DMG and GSG to conduct field work, the lump
sum fee includes two on -site visits to the City by DMG staff and nine on -site visits by GSG
or NG&N staff, including at least four meetings with City elected officials to (1) present the
Assessment Report, (2) present the Assessment Ordinance, (3) present the Initial
Assessment Resolution, and (4) assist in the final rate adoption process. Meetings in
excess of those contemplated may be arranged at our standard hourly rates.
Annual Updates
On a recurring basis, GSG will also be available to assist the City in the annual
update of the fire/rescue assessment program for a fee to be determined upon completion
of this project. Such annual update assistance would include assisting in the revisions to
the assessment roll to correlate with changes to the ad valorem tax roll, facilitating the
public notice requirements of the tax bill collection method including notice to property
owners with property use changes, and monitoring of the apportionment methodology to
ensure continued defensibility.
UAW
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APPENDIX B
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FIRE/RESCUE ASSESSMENT PROGRAM
DELIVERABLES AND PAYMENT SCHEDULES
Deliverable Schedule Payment Schedule
Notice of Intent Documents by November 15, 1996 No payment
Draft Assessment Report February - April 1996 50% of total lump sum fee
Proforma Assessment Rates February - April 1996
Comments from City
February - April 1996
(within 20 days of draft submittal)
Final Assessment Report May 1996 10% of total lump sum fee
(within 10 days of comments)
Draft Assessment Ordinance
March - May 1996 No payment
Comments from City
March - May 1996
(within 20 days of draft submittal)
Final Assessment Ordinance
May - June 1996 10% of total lump sum fee
(within 10 days of comments)
Initial Assessment Resolution
June - July 1996 10% of total lump sum fee
First Class Notices
June - August 1996
Published Notice
June - August 1996
Preliminary Assessment Roll
June - August 1996
Final Assessment Resolution
July - August 1996 10% of total lump sum fee
Final Assessment Rates
July - August 1996
Certified Assessment Roll
by September 15, 1996 10% of total lump sum fee
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