HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-227TEMPORARY RESOLUTION NUMBER 9123
August 31, 2000
CITY OF TAMARAC, FLORIDA
FIRE RESCUE ASSESSMENT
ANNUAL RATE RESOLUTION
FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2000
ADOPTED SEPTEMBER 11, 2000
TEMPORARY RESOLUTION NUMBER 9123
August 31, 2000
TABLE OF CONTENTS
Page
SECTION 1:
RATIFICATION AND CONFIRMATION.....................................................3
SECTION 2:
AUTHORITY..............................................................................................3
SECTION 3:
DEFINITIONS AND INTERPRETATION..................................................4
SECTION 4:
REIMPOSITION OF FIRE RESCUE ASSESSMENTS ..............................4
SECTION 5:
CONFIRMATION OF PRELIMINARY RATE RESOLUTION
.....................7
SECTION 6:
EFFECT OF ADOPTION OF RESOLUTION.............................................7
SECTION 7:
CONFLICTS...............................................................................................7
SECTION 8:
SEVERABILITY..........................................................................................7
SECTION 9:
EFFECTIVE DATE.....................................................................................8
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
TEMPORARY RESOLUTION NUMBER 9123
August 31, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R2000- ,2a
A RESOLUTION OF THE CITY COMMISSION 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, 2000; APPROVING THE RATE OF ASSESSMENT;
APPROVING THE ASSESSMENT ROLL; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission of Tamarac, Florida (the "City Commission"), 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; and
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 the Fire Rescue Assessed Cost among parcels of Assessed Property;
and
WHEREAS, the City Commission desires to reimpose a Fire Rescue Assessment
within the City using the procedures provided by the Ordinance, including the tax bill
collection method for the Fiscal Year beginning on October 1, 2000; and
WHEREAS, the City Commission, on July 12, 2000, adopted Resolution
No. R2000-202 (the "Preliminary Rate Resolution"), containing and referencing a brief and
1
TEMPORARY RESOLUTION NUMBER 9123
August 31, 2000
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; and
WHEREAS, in order to reimpose Fire Rescue Assessments for the Fiscal Year
beginning October 1, 2000, 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; and
WHEREAS, the updated Assessment Roll has heretofore been made available for
inspection by the public, as required by the Ordinance; and
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 11, 2000, and comments and
2
TEMPORARY RESOLUTION NUMBER 9123
August 31, 2000
objections of all interested persons have been heard and considered as required by the
terms of the Ordinance; and
WHEREAS, the City Commission has deemed it to be in the best interests of the
citizens and residents of the City of Tamarac that Fire Rescue Assessments against
Assessed Property located within the City of Tamarac be approved for the Fiscal Year
beginning October 1, 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: RATIFICATION AND CONFIRMATION. The foregoing "Whereas"
clauses are hereby ratified and confirmed as being true and correct and are hereby made a
specific part of this resolution.
SECTION 2: AUTHORITY. This resolution is adopted pursuant to the provisions of
Ordinance No. 0-96-8, (the "Ordinance"), Resolution No. R-96-160 (the "Initial Assessment
Resolution"), Resolution No. R-96-175 (the "Final Assessment Resolution"), Resolution No.
R2000-202 (the "Preliminary Rate Resolution"), Article VIII, Section 2, Florida Constitution;
sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law.
SECTION 3: 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 the Ordinance, the Initial Assessment
Resolution, the Final Assessment Resolution, and the Preliminary Rate Resolution.
SECTION 4: REIMPOSITION OF FIRE RESCUE ASSESSMENTS.
3
TEMPORARY RESOLUTION NUMBER 9123
August 31, 2000
(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 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 and
referenced in the Preliminary Rate Resolution is hereby approved. The Parcel
Apportionment methodology described in Appendix B of the Preliminary Rate Resolution
and adopted in Section 8 of the Preliminary Rate Resolution is hereby approved.
4
1
TEMPORARY RESOLUTION NUMBER 9123
August 31, 2000
(C) For the Fiscal Year beginning October 1, 2000, the estimated Fire Rescue
Assessed Cost to be assessed is $3,061,515. 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, 2000, are hereby established as follows:
RESIDENTIAL PROPERTY
USE CATEGORIES
Residential
Rate Per Dwelling Unit
$ 60
NON-RESIDENTIAL
PROPERTY USE
CATEGORIES
Building Classification
(in square foot ranges)
Commercial
Industrial/
Warehouse
Institutional
Nursing Home
a 1,999
$
378
$ 175
$
1,198
$
288
2,000 - 3,499
$
756
$ 349
$
2,395
$
575
3,500-4,999
$
1,323
$ 611
$
4,192
$
1,007
5,000 - 9,999
$
1,890
$ 873
$
5,988
$
1,438
10,000 - 19,999
$
3,780
$ 1,746
$
11,976
$
2,876
20,000 - 29,999
$
7,560
$ 3,492
$
23,952
$
5,753
30,000 - 39,999
$
11,339
$ 5,237
$
35,928
$
8,629
40,000 - 49,999
$
15,119
$ 6,983
$
47,904
$
11,505
11 50,000
1 $
18,899
$ 8,729
$
59,880
$
14,382
(D) 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, 2000.
(E) 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
5
TEMPORARY RESOLUTION NUMBER 9123
August 31, 2000
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.
(F) 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 Annual Rate Resolution based upon the rates of
assessment approved herein.
(G) 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.
(H) 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 5: CONFIRMATION OF PRELIMINARY RATE RESOLUTION. The
Preliminary Rate Resolution is hereby confirmed.
SECTION 6: EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
6
TEMPORARY RESOLUTION NUMBER 9123
August 31, 2000
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 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 or other part of this
resolution shall be held by any court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part shall be considered as eliminated and in no
way effecting the validity of the other provisions of this resolution.
VA
I
TEMPORARY RESOLUTION NUMBER 9123
August 31, 2000
SECTION 9: EFFECTIVE DATE. This Annual Rate Resolution shall take effect
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 11th day of September, 2000.
ATTEST:
--,MARI-ON SWENSON/CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
s
..
ER
�u_ o:
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST. 3: COMM. SULTANOF
DIST. 4: VIM ROBERTS GDP
n
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
1
1
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Jeffrey L. Miller,
Camille S. Gianatasio, and Kevin Butler, who, after being duly sworn, depose and say:
1. Jeffrey L. Miller, as City Manager of Tamarac, Florida ("City"), pursuant to the
Scope of Services for the City of Tamarac dated September 30, 1999, involving
Government Services Group, Inc. ("GSG"), and the authority and direction received from
the City Commission on July 12, 2000, 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 12, 2000 (the
"Preliminary Rate Resolution' ).
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 rate of assessment to be levied against the
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 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 August 21, 2000, 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 of the Assessment Ordinance and the Preliminary
Rate Resolution by First Class Mail to each affected owner, 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 21, 2000.
4. Kevin Butler is President of Mail Master. As directed above, Mail Master,
mailed or caused to be mailed on or before August 21, 2000, the above -referenced notices
delivered to Mail Master by GSG.
FURTHER AFFIANTS SAYETH NOT.
Jeffrey L. Igiller, affiant
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
1 day of ()cToa6r_, 2000 by Jeffrey L. Miller, City Manager, Tamarac, Florida.
He is personally known to me
loath-
&oy po. R OFFICIATHAI. NOTARY WAL
ELD
2 C+ COWNSOM "Millm
CC747138
W QQ oNEXFWAS
JUNE 1,2002
STATE OF FLORIDA
COUNTY OF LEON
P
Printid Name: t4z5 VA T` It Ate nl F L1�
` Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
h The foreAt Affidavit of Mailing was sworn to and subscribed before me this
day of , 2000 by Camille S. Gianatasio, Vice President, Government
Services Group, I a Florida corporation. She is personally known to me eF haS--
�\,,����llulilr��rrr�� /
1W L..Re r,�f
�� •'MMIS51pNF . r'i
•c,0 V8 1<. i
* a °� � ?rifted Name:
a� : Fleury Public, State of Florida
:• #cc 708319 'r : At Large
. A�•"°"d"d'°`v;��•��IIIy Commission Expires:
$4�c •sT��°. •Commission No.:
����✓1l711 i! 1l+11e\ ,
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affi avit of Mailing was sworn to and subscribed before me this
day of 2000 by Kevin Butler, President, Mail Master of Tallahassee,
Inc., a Florida co ration. He is personally known to ryee or has prod-06-60----
_'4�
CITY OF TAMARAC
7525 NORTHWEST 88TH AVENUE
TAMARAC, FLORIDA 33321-2401
CITY OF TAMARAC, FLORIDA
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF FIRE RESCUE NON -AD VALOREM
ASSESSMENTS
NOTICE DATE: August 21, 2000
* * * * * NOTICE TO PROPERTY OWNER*****
MERCED,ANA H
BARRIO HATO NEUVO KM1
GUAYNABO PR 00970
Parcel ID #: 494103AA0620
Legal Description: SOUTHGATE GARDENS CONDO
Sequence #: S2
A recent court ruling has caused the City to revise the methodology used to calculate your assessment rates. As a result, the
assessment rate for residential properties has decreased from $79.55 to $60.00 per dwelling unit. Non-residential properties,
such as Commercial and Industrial properties, will experience a significant increase due to this court ruling.
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, 2000 - September 30, 2001. 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
$3,061,515. 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 $60.00.
A public hearing will be held at 6:30 p.m., September 11, 2000, 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. 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 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 Finance Department at (954) 724-1310, 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 ISNOTABILL*****
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
1
APPENDIX B
PROOF OF PUBLICATION
1
APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
1
1
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 ACity=); as such I have satisfied myself that all
property included or includable on the non -ad valorem assessment roll for fire rescue
services (the ANon-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 Department of Finance and Administrative Services by
September 15, 2000.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to
be delivered to the Broward County Department of Finance and Administrative So vices
and ade part of the above described Non -Ad Valorem Assessment Roll this *day of
2000.
CITY OF TAMARAC, FLORIDA
By:(�
.
MjyZr
[to be delivered to Broward County Department of
Finance and Administrative Services prior to September 15]
C-1