HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-228Temp. Reso. #9114
Revision 2 — September 8, 2000
Revision 1 — September 7, 2000
September 1, 2000 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000-228
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, PROVIDING FOR AUTHORITY;
PROVIDING FOR DEFINITIONS; APPROVING AN
ASSESSMENT ROLL FOR THE NORTH SECTION 7
ASSESSMENT AREA, INCLUDING DELINQUENCY
AMOUNTS; ESTABLISHING THE LIEN ASSOCIATED
THEREWITH; DIRECTING THAT THE ASSESSMENT ROLLS
BE CERTIFIED TO THE BROWARD COUNTY TAX
COLLECTOR; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission (the "Commission") of the City of Tamarac,
Florida, as codified in Chapter 6, Article 3, Section 6-56 through 6-90 of the Tamarac
City Code Ordinance No. 0-99-12 (a copy of which is attached hereto as "Exhibit A°)
provides 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"), (a copy of which is attached hereto as "Exhibit B")
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 benefited
thereby, and directing preparation of the tentative Assessment Roll and provision of the
notices required by the Ordinance; and
Temp. Reso. #9114
Revision 2 — September 8, 2000
Revision 1 — September 7, 2000
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WHEREAS, on September 22, 1999, the Commission adopted Resolution No.
R99-251 (a copy of which is attached hereto as "Exhibit C"), creating and imposing
special assessments in the North Section 7 Assessment Area as amended on
November 24, 1999 by Resolution No. R99-312 (collectively, the "Final Assessment
Resolution"), (a copy of which is attached hereto as "Exhibit D"); and
WHEREAS, the Final Assessment Resolution provides that the first year
assessment will be collected by a special bill mailed directly to each property owner and
the assessments for the remaining years, along with any delinquent amounts from the
first year will be collected on the ad valorem tax bill; and
WHEREAS, the Commission adopted Resolution No. R99-353 on December 22,
1999 (the "Uniform Method Resolution"), after conducting a duly advertised public
hearing for the use of the uniform method for collecting the special assessments in the
North Section 7 Assessment Area; and
WHEREAS, the City Manager directed the mailing of notices, pursuant to the
Final Assessment Resolution, to those properties which were delinquent in the payment
of their first year special assessment reminding them of the Commissions' intent to
place remaining special assessments and first year delinquencies on the ad valorem
tax bill and informing them of the time, date and place of the Commission meeting
where the adoption of the assessment roll was to take place; and
WHEREAS, pursuant to the provisions of the Ordinance, the Commission is
Temp. Reso. #9114
Revision 2 — September 8, 2000
Revision 1 — September 7, 2000
September 1, 2000 3
required to adopt an "Annual Assessment Resolution" during its budget process for
each fiscal year to approve the assessment roll for such fiscal year.
WHEREAS, the Director of Utilities recommends the City Commission approve
an assessment roll for the North Section 7 Assessment Area (a copy of which is
attached hereto as "Exhibit E"), including delinquency amounts, establish the lien
associated therewith, and direct that the assessment rolls be certified to the Broward
County Tax Collector; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it in the
best interest of the citizens and residents of the City of Tamarac to approve an
assessment roll for the North Section 7 Assessment Area, including delinquency
amounts, establish the lien associated therewith, and direct that the assessment rolls
be certified to the Broward County Tax Collector; and
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 are hereby made a specific part of this
resolution.
SECTION 2: AUTHORITY. This Resolution is adopted pursuant to the
Ordinance, Chapter 166, Florida Statutes, the Initial Assessment Resolution, the Final
Assessment Resolution, the Uniform Method Resolution and other applicable provisions
of law.
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Revision 2 -- September 8, 2000
Revision 1 — September 7, 2000
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SECTION 3: DEFINITIONS. All capitalized terms in this Resolution shall
have the meanings defined in the Ordinance, the Initial Assessment Resolution, the
Final Assessment Resolution and the Uniform Method Resolution.
SECTION 4: APPROVAL OF ASSESSMENT ROLLS, INCLUDING
DELINQUENT AMOUNTS. The assessment roll on file with the City Manager for the
North Section 7 Assessment Area, which includes (A) assessment amounts for the
2000-2001 fiscal year and (B) delinquencies from the 1999-2000 fiscal year, is hereby
approved.
SECTION 5: ASSESSMENT LIENS. Special assessments imposed
within the North Section 7 Assessment Area 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 of this Resolution and shall attach to the
property included on the assessment roll as of January 1, 2000, the lien date for ad
valorem taxes.
SECTION 6: Pursuant to Section 197.3632, Florida Statutes, the
assessment roll shall be certified to the Broward County Tax Collector prior to
September 15, 2000.
SECTION 7: All resolutions or parts of resolutions in conflict herewith are
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hereby repealed to the extent of such conflict.
SECTION 8: If any clauses, 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 9: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 15
2000.
ATTEST:
to fo
MARION SWENSON, CMC
CITY CLERK
EYY CERRT FFY that I h
✓ tNs LUTIOIS
ITCHELL S. RAF
CITY ATTORNEY
day of September ,
QoL� 4d-c �-w
61 JOE SCHREIBER
MAYOR
,RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
COT U COMM. PORTNER
DISC 2: COMM. MISHKIN
OW S« COMM. SULTANOF
OW to VIM ROBERTS
"EXHIBIT A"
Temp. Ord. #1853. May 27. 1999
Revision #2, June 11, 1999
Page 1 of 28
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-99- /4?--
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, RELATING TO CAPITAL
IMPROVEMENTS AND RELATED SERVICES PROVIDING A
SPECIAL BENEFIT TO LOCAL AREAS WITHIN THE CITY;
PROVIDING FOR TITLE AND CITATION; PROVIDING
DEFINITIONS; PROVIDING FOR THE CREATION OF
ASSESSMENT AREAS; AUTHORIZING THE IMPOSITION
AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND
THE COST OF CAPITAL IMPROVEMENTS AND RELATED
SERVICES PROVIDING A SPECIAL BENEFIT TO LOCAL
AREAS WITHIN THE CITY; ESTABLISHING PROCEDURES
FOR NOTICE AND ADOPTION OF ASSESSMENT ROLLS
AND FOR CORRECTION OF ERRORS AND OMISSIONS;
PROVIDING THAT ASSESSMENTS CONSTITUTE A LIEN
ON ASSESSED PROPERTY UPON ADOPTION OF THE
ASSESSMENT ROLLS; ESTABLISHING PROCEDURES AND
METHODS FOR COLLECTION OF ASSESSMENTS;
AUTHORIZING THE ISSUANCE OF OBLIGATIONS
SECURED BY ASSESSMENTS; PROVIDING FOR VARIOUS
RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH
OBLIGATIONS; PROVIDING THAT SUCH OBLIGATIONS
WILL NOT CREATE A GENERAL DEBT OR OBLIGATION OF
THE CITY; PROVIDING FOR CODIFICATIONS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac may construct, or cause to be constructed. caoital
improvement projects that benefit particular properties; and
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WHEREAS, the City Commission may find it appropriate to apply the partial or full
cost of those capital improvement properties to those properties benefited by those capital
improvement projects in the form of assessments; and
WHEREAS, the collection of the capital improvement project assessments may be
completed by various collection methods, including collection pursuant to the Uniform
Assessment Collection Act; and
WHEREAS, pursuant to Article VIII, Section 2(b) of the Florida Constitution and
Sections 166.021 and 166.041, Florida Statutes, the City Commission has governmental.
corporate and proprietary powers to enable it to conduct municipal government, perform
municipal functions and render municipal services; and
WHEREAS, the City Commission is permitted to exercise any power for municipai
purposes except as otherwise provided by law and such powers may be exercised by the
enactment of legislation in the form of municipal ordinances; and
WHEREAS, the City Commission may exercise any governmental, corporate. or
proprietary power for a municipal purpose except when expressly prohibited by law. and
the City Commission may legislate on any subject matter on which the Florida Legislature
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Temp. Ord. #1853, May 27, 1999
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may act, except those subjects described in (a), (b), (c), and (d) of section 166.021(3),
Florida Statutes; and
WHEREAS, the subject matter of paragraphs (a), (b), (c), and (d) of section
166.021(3), Florida Statutes, are not relevant to the imposition of Assessments to fund the
Project Cost of Local Improvements or the Operating Cost of Related Services; 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 enact the Capital Project
Assessment Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
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SECTION 2: Article III, Chapter 6, of the Tamarac Code of Ordinances is hereby
deleted in its entirety (sections 6-56 through 6-73, and sections 6-74 through 6-90,
reserved) and replaced as follows:
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Revision #2, June 11, 1999
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ARTICLE III SPECIAL ASSESSMENTS
FOR CAPITAL PROJECTS
Sec. 6-56. Title and Citation.
This Article shall be known and cited as the Capital Project Assessment Ordinance.
Sec. 6-57. Definitions.
When used in this article, the following terms shall have the following meanings, unless the
context clearly requires otherwise:
"Annual Assessment Resolution" means the resolution described in Section 6-68
hereof, approving an Assessment Roll for a specific Fiscal Year.
"Assessment" means a special assessment imposed by the City pursuant to this
Ordinance to fund the Project Cost of Local Improvements or the Operating Cost of
Related Services.
"Assessment Area" means any of the areas created by resolution of the Commission
pursuant to Section 6-61 hereof, that specifically benefit from a Local Improvement or
Related Service.
"Assessment Roll" means the special assessment roll relating to Local Improvements or
Related Services, approved by a Final Assessment Resolution pursuant to Section 6-67
hereof or an Annual Assessment Resolution pursuant to Section 6-68 hereof.
Temp, Ord. #1853, May 27, 1999
Revision #2. June 11, 1999
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"Assessment Unit" means the unit or criteria utilized to determine the Assessment for
each parcel of property, as set forth in the Initial Assessment Resolution. "assessment
Units" may include, by way of example only and not limitation, one or a combination of the
following: front footage, platted lots or parcels of record, land area, improvement area,
equivalent residential connections, permitted land use, trip generation rates. rights to future
trip generation capacity under applicable concurrency management regulations. property
value or any other physical characteristic or reasonably expected use of the property that
is related to the Local Improvement or Related Service to be funded from proceeds of the
Assessment.
"Capital Cost" means all or any portion of the expenses that are properly attributable to
the acquisition, design, construction, installation, reconstruction, renewal or replacement
(including demolition, environmental mitigation and relocation) of Local Improvements and
imposition of the related Assessments under generally accepted accounting princioies: and
including reimbursement to the City for any funds advanced for Capital Cost and interest
on any interfund or intrafund loan for such purposes.
"City" means the City of Tamarac, a municipal corporation duly organized and validly
existing under the laws of the State of Florida.
"City Clerk" shall mean the official custodian of all City records and papers of an official
character as set forth in Article X of the City Charter, or such person's designee.
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"City Manager" means the chief administrative officer of the City, or such person's
designee.
"Commission" means the City Commission of Tamarac, Florida.
"Final Assessment Resolution" means the resolution described in Section 6-67 hereof,
which shall confirm, modify or repeal the Initial Assessment Resolution and which shall be
the final proceeding for the imposition of an Assessment.
"Fiscal Year" means the period commencing on October 1 of each year and continuing
through the next succeeding September 30, or such other period as may be prescribed by
law as the fiscal year for the City.
"Government Property" means property owned by the United States of America. the
State of Florida, a county, a special district, a municipal corporation, or any of their
respective agencies or political subdivisions.
"Initial Assessment Resolution" means the resolution described in Section 6-63 hereof.
which shall be the initial proceeding for the imposition of an Assessment.
"Local Improvement" means a capital improvement constructed or installed by the City
for the special benefit of a neighborhood or other local area.
"Obligations" means bonds or other evidence of indebtedness including but not limited
to, notes, commercial paper, capital leases, reimbursable advances by the City. or any
other obligation issued or incurred to finance any portion of the Project Cost of Local
Improvements and secured, in whole or in part, by proceeds of the Assessments.
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Revision #2, June 11, 1999
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"Operating Cost" means all or any portion of the expenses that are properly attributable
to Related Services under generally accepted accounting principles, including, without
limiting the generality of the foregoing, reimbursement to the City for any funds advanced
for Related Services, and interest on any interfund or intrafund loan for such purpose.
"Ordinance" means this Capital Project Assessment Ordinance.
"Pledged Revenue" means, as to any series of Obligations, (A) the proceeds of such
Obligations, including investment earnings, (B) proceeds of the Assessments pledged to
secure the payment of such Obligations, and (C) any other legally available non -ad
valorem revenue pledged, at the Commission's sole option, to secure the payment of such
Obligations, as specified by the ordinance and resolution authorizing such Obligations.
"Project Cost" means (A) the Capital Cost of a Local Improvement, (B) the Transaction
Cost associated with the Obligations which financed the Local Improvement. (C) interest
accruing on such Obligations for such period of time as the City deems appropriate. (D) the
debt service reserve fund or account, if any, established for the Obligations which financed
the Local Improvement, and (E) any other costs or expenses related thereto.
"Property Appraiser" means the Broward County Property Appraiser.
"Related Service" means the operation and maintenance of a Local Improvement.
"Resolution of Intent" means the resolution expressing the Commission's intent to coiiect
Assessments on the ad valorem tax bill required by the Uniform Assessment Collection
Act.
Temp. Ord. #1853, May 27, 1999
Revision #2, June 11, 1999
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"Tax Collector" means the Department of Finance and Administrative Services as
described in Article IV of the Broward County Charter.
"Tax Roll" means the real property ad valorem tax assessment roll maintained by the
Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Transaction Cost" means the costs, fees and expenses incurred by the City in
connection with the issuance and sale of any series of Obligations, including but not limited
to (A) rating agency and other financing fees; (B) the fees and disbursements of bond
counsel; (C) the underwriters' discount; (D) the fees and disbursements of the City's
financial advisor; (E) the costs of preparing and printing the Obligations, the preliminary
official statement, the final official statement, and all other documentation supporting
issuance of the Obligations; (F) the fees payable in respect of any municipal bond
insurance policy; (G) administrative, development, credit review, and all other fees
associated with any pooled commercial paper or similar interim financing program: and (H)
any other costs of a similar nature incurred in connection with issuance of such
Obligations.
"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635. Florida
Statutes, or any successor statutes authorizing the collection of non -ad valorem
assessments on the same bill as ad valorem taxes, and any applicable regulations
promulgated thereunder.
Sec. 6-58. Interpretation.
Temp. Ord. #1853, May 27. 1999
Revision #2, June 11, 1999
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Unless the context indicates otherwise, words importing the singular number include the
plural number and vice versa: the terms "hereof," "hereby," "herein," "hereto." "hereunder'
and similar terms refer to this Ordinance; and the term "hereafter" means after, and the
term "heretofore" means before, the effective date of this Ordinance. Words of any gender
include the correlative words of the other gender, unless the sense indicates otherwise.
Sec. 6-59. Liberal Construction.
This article, being necessary for the welfare of the inhabitants of the City, particularly the
owners of property located within the Assessment Areas, shall be liberally construed to
effect the purposes hereof.
Sec. 6-60. Assessments imposed by Commission.
The Assessments imposed pursuant to this article will be imposed by the Commission. not
the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax
Collector under the provisions of this article shall be construed solely as ministeriai.
Sec. 6-61. Creation of Assessment Areas.
The Commission is authorized to create assessment areas in accordance with the
procedures set forth herein. Each Assessment Area shall encompass only that property
specifically benefited by the Local Improvements and Related Services proposed for
funding from the proceeds of Assessments to be imposed therein. Either the Initial
Assessment Resolution proposing each Assessment Area or the Final Assessment
Resolution creating each Assessment Area shall include brief descriptions of the prc,cosed
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Local Improvements and Related Services
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Revision #2, June 11, 1999
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a description of the property to be included
within the Assessment Area, and specific legislative findings that recognize the special
benefit to be provided by each proposed Local Improvement and Related Service to
property within the Assessment Area.
Sec. 6-62. Assessments.
The Commission is authorized to impose Assessments against property located within an
Assessment Area to fund the Project Cost and Related Services of Locai Improvements.
The Assessment shall be computed in a manner that fairly and reasonably apportions the
Project Cost among the parcels of property within the Assessment Area, based upon
objectively determinable Assessment Units.
Sec. 6-63. Initial assessment resolution.
The initial proceeding for creation of an Assessment Area and imposition of an Assessment
shall be the Commission's adoption of an Initial Assessment Resciution. The Initial
Assessment Resolution shall (A) describe the property to be located within the proposed
Assessment Area; (B) describe the Local Improvement and Related Service proposed for
funding from proceeds of the Assessments; (C) estimate the Capital Cost, Project Cost and
Operating Cost; (D) describe with particularity the proposed method of apportioning the
Capital Cost, Project Cost and Operating Cost among the parcels of property located within
the proposed Assessment Area, such that the owner of any parcel of property can
objectively determine the number of Assessment Units and the amount of the Assessment:
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Temp. Ord. #1853. May 27, 1999
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(E) describe the provisions, if any, for acceleration and prepayment of the Assessment: (G)
describe the provisions, if any, for reallocating the Assessment upon future subdivision;
and (H) include specific legislative findings that recognize the fairness provided by the
apportionment methodology.
Sec. 6-64. Assessment Roll.
(a) The City Manager shall prepare a preliminary Assessment Roll that contains the
following information:
(1) a summary description of each parcel of property (conforming
to the description contained on the Tax Roll) subject to the
Assessment;
(2) the name of the owner of record of each parcel, as shown on
the Tax Roll;
(3) the number of Assessment Units attributable to each parcei:
(4) the estimated maximum annual Assessment to become due in
any Fiscal Year for each Assessment Unit; and
(5) the estimated maximum annual Assessment to become due in
any Fiscal Year for each parcel.
(b) Copies of the Initial Assessment Resolution and the preliminary Assessment Roll shall
be on file in the office of the City Clerk or such other appropriate City once as may be
designated by the City Manager, and open to public inspection. The foregoing shall not
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Temp. Ord. #1853, May 27, 1999
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be construed to require that the Assessment Roll be in printed form if the amount of the
Assessment for each parcel of property can be determined by use of a computer terminal
available to the public.
Sec. 6-65. Notice by Publication.
After filing the Assessment Roll in the office of the City Clerk, as required by Section 6-64
hereof, the City Clerk shall publish once in a newspaper of general circulation within the
City a notice stating that a public hearing of the Commission will be held on a certain day
and hour, not earlier than 20 calendar days from such publication, at which hearing the
Commission will receive written comments and hear testimony from all interested persons
regarding creation of the Assessment Area and adoption of the Final Assessment
Resolution. The published notice shall conform to the requirements set forth in the Uniform
Assessment Collection Act.
Sec. 6-66. Notice by Mail.
In addition to the published notice required by Section 6-65, the City Clerk shall provide
notice of the proposed Assessment by first class mail to the owner of each parcel of
property subject to the Assessment. The mailed notice shall conform to the requirements
set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least 20
calendar days prior to the hearing to each property owner at such address as is shown on
the Tax Roll on the twentieth calendar day prior to the date of mailing. Notice shall be
deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The
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Temp. Ord. #1853, May 27, 1999
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City Clerk may provide proof of such notice by affidavit. Failure of the owner to receive
such notice due to mistake or inadvertence shall not affect the validity of the Assessment
Roll nor release or discharge any obligation for the payment of an Assessment imposed
by the Commission pursuant to this Ordinance.
Sec. 6-67. Adoption of Final Resolution.
At the time named in such notice, or such time to which an adjournment or continuance
may be taken, the Commission shall receive written objections and hear testimony of
interested persons and may then, or at any subsequent meeting of the Commission. adopt
the Final Assessment Resolution which shall (A) create the Assessment Area: (B) confirm,
modify or repeal the Initial Assessment Resolution with such amendments, if any, as may
be deemed appropriate by the Commission; (C) establish the maximum amount of the
Assessment for each Assessment Unit; (D) approve the Assessment Roll, with such
amendments as it deems just and right; and (E) determine the method of collection.
Following adoption of the Final Assessment Resolution but prior to the date on which the
Assessment Roll is certified for collection pursuant to Sections 6-74 through 6-77 hereof.
the Commission may obtain a written legal opinion that the Assessments have been validly
imposed from the Office of the City Attorney, an attorney -at -law or firm of attorneys of
recognized standing in matters pertaining to local government law; provided however. that
the failure to obtain such opinion shall not invalidate the Assessments or affect the factual
findings made by the Commission in connection therewith.
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Revision #2, June 11, 1999
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Sec. 6-68. Annual assessment resolution.
During its budget adoption process, the Commission shall adopt an Annual Assessment
Resolution for each Fiscal Year in which Assessments will be imposed to approve the
Assessment Roll for such Fiscal Year. The Final Assessment Resolution shall constitute
the Annual Assessment Resolution for the initial Fiscal Year. The Assessment Roll shall
be prepared in accordance with the Initial Assessment Resolution. as confirmed or
amended by the Final Assessment Resolution. If the proposed Assessment for any parcel
of property exceeds the maximum amount established in the notice provided pursuant to
Section 6-66 hereof or if an Assessment is imposed against property not previously subject
thereto, the Commission shall provide notice to the owner of such property in accordance
with Sections 6-65 and 6-66 hereof and conduct a public hearing prior to adoption of the
Annual Assessment Resolution. Failure to adopt an Annual Assessment Resolution during
the budget adoption process for a Fiscal Year may be cured at any time.
Sec. 6-69. Effect of assessment resolutions.
The adoption of the Final Assessment Resolution shall be the final adjudication of the
issues presented (including, but not limited to, the apportionment methodology, the rate
of assessment, the adoption of the Assessment Roll and the levy and lien 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 adoption of the Final Assessment
Temp. Ord. #1853, May 27. 1999
Revision #2, June 11, 1999
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Resolution. The Assessments for each Fiscal Year shall be established upon adoption of
the Annual Assessment Resolution. The Assessment Roll, as approved by the Annual
Assessment Resolution, shall be certified to the Tax Collector, or such other official as the
Commission by resolution deems appropriate.
Sec. 6-70. Lien of assessments.
Upon adoption of the Annual Assessment Resolution for each Fiscal Year, Assessments
to be collected under the Uniform Assessment Collection Act shall constitute a Tien 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.
Upon adoption of the Final Assessment Resolution, Assessments to be coilected under
any alternative method of collection provided in Section 6-75 hereof 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 on the date notice thereof is recoraed in the
Official Records of Broward County, Florida.
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Temp. Crd. #1853. May 27, 1999
Revision #2. June 11, 1999
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Sec 6-71. Revisions to assessments.
If any Assessment made under the provisions of this article is either in whole or in part
annulled, vacated or set aside by the judgment of any court. or if the Commission is
satisfied that any such Assessment is so irregular or defective that the same cannot be
enforced or collected, or if the Commission has failed to include any property on the
Assessment Roll which property should have been so included. the Commission may take
all necessary steps to impose a new Assessment against any property benefited by the
Local Improvement or Related Service, following as nearly as may be practicable, the
provisions of this Ordinance and in case such second Assessment is annulled, the
Commission may obtain and impose other Assessments until a valid Assessment is
imposed.
Sec. 6-72. Procedural irregularities.
Any irregularity in the proceedings in connection with the levy of any Assessment under
the provisions of this article shall not affect the validity of the same after the approval
thereof, and any Assessment as finally approved shall be competent and sufficient
evidence that such Assessment was duly levied, that the Assessment was duly made and
adopted, and that all other proceedings adequate to such Assessment were duly had.
taken and performed as required by this article; and no variance from the directions
hereunder shall be held material unless it be clearly shown that the party objecting was
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Revision #2. June 11, 1999
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materially injured thereby. Notwithstanding the provisions of this Section 6-72, any party
objecting to an Assessment imposed pursuant to this article must file an objection with a
court of competent jurisdiction within the time periods prescribed herein.
Sec. 6-73. Correction of errors and omissions.
(a) No act of error or omission on the part of the Commission, City Manager, Property
Appraiser, Tax Collector, City Clerk, or their respective deputies or employees. shall
operate to release or discharge any obligation for payment of any Assessment imposed
by the Commission under the provisions of this article.
(b) The number of Assessment Units attributed to a parcel of property may be corrected
at any time by the City Manager. Any such correction which reduces an Assessment shall
be considered valid from the date on which the Assessment was imposed and shall in no
way affect the enforcement of the Assessment imposed under the provisions of this
Ordinance. Any such correction which increases an Assessment or imposes an
assessment on omitted property shall first require notice to the affected c vner in the
manner described in Section 6-66 hereof, providing the date, time and place that the
Commission will consider confirming the correction and offering the owner an opportunity
to be heard.
(c) After the Assessment Roll has been delivered to the Tax Collector in accordance with
the Uniform Assessment Collection Act, any changes, modifications or corrections thereto
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Temp. Ord. #1853, May 27, 1999
Revision #2, June 11, 1999
Page 18 of 28
shall be made in accordance with the procedures applicable to errors and insolvencies for
ad valorem taxes.
Sec. 6-74. Method of collection of assessments.
(a) Unless directed otherwise by the Commission, Assessments (other than
Assessments imposed against Government Property) shall be collected pursuant to the
Uniform Assessment Collection Act, and the City shall comply with all applicable provisions
thereof. The Resolution of Intent required by the Uniform Assessment Collection Act may
be adopted either prior to or following the Initial Assessment Resolution; provided however.
that the Resolution of Intent must be adopted prior to January 1 (or March 1 with consent
of the Property Appraiser and Tax Collector) of the year in which the Assessments are first
collected on the ad valorem tax bill. Any hearing or notice required by this Ordinance may
be combined with any other hearing or notice required by the Uniform Assessment
Collection Act.
(b) The amount of an Assessment to be collected using the uniform method
pursuant to the Uniform Assessment Collection Act for any specific Tax Parcel may include
an amount equivalent to the payment delinquency, delinquency fees and recording costs
for a prior year's Assessment for a comparable service, facility, or program provided. (1)
the collection method used in connection with the prior year's Assessment was not made
pursuant to the Uniform Assessment Collection Act, (2) notice is provided to the owner as
required under the Uniform Assessment Collection Act, and (3) any lien on the affected Tax
X
x
'rt.
Temp. Ord. #1853. May 27, 1999
Revision #2, June 11, 1999
Page 19 of 28
Parcel for the prior year's Assessment is supplanted and transferred to such current year's
Assessment upon certification of the Assessment Roll to the Tax Collector by the City.
Sec 6-75. Alternative method of collection.
In lieu of using the Uniform Assessment Collection Act, the City may elect to collect the
Assessment by any other method which is authorized by law or provided as follows:
(a) The City shall provide Assessment bills by first class mail to the owner of each affected
parcel of property, other than Government Property. The bill or accompanying explanatory
material shall include (1) a brief explanation of the Assessment. (2) a description of the
Assessment Units used to determine the amount of the Assessment, (3) the number of
Assessment Units attributable to the parcel, (4) the total amount of the parcel's
Assessment for the appropriate period, (5) the location at which payment will be accepted,
(6) the date on which the Assessment is due, and (7) a statement that the Assessment
constitutes 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.
(b) A general notice of the lien resulting from imposition of the Assessments shall
be recorded in the Official Records of Broward County, Florida. Nothing herein shall be
construed to require that individual liens or releases be filed in the Official Records.
(c) The City shall have the right to appoint or retain an agent to foreciose and
collect all delinquent Assessments in the manner provided by law. An Assessment shall
become delinquent if it is not paid within 30 days from the due date. The City or its agent
.x
Temp. Ord. #1853, May 27. 1999
Revision #2, June 11, 1999
Page 20 of 23
shall notify any property owner who is delinquent in payment of an Assessment within 60
days from the date such Assessment was due. Such notice shall state in effect that the
City or its agent will initiate a foreclosure action and cause the foreclosure of such property
subject to a delinquent Assessment in a method now or hereafter provided by law for
foreclosure of mortgages on real estate, or otherwise as provided by law.
(d) All costs, fees and expenses, including reasonable attorney fees and title
search expenses, related to any foreclosure action as described herein shall be included
in any judgment or decree rendered therein. At the sale pursuant to decree in any such
action, the City may be the purchaser to the same extent as an individual person or
corporation. The City may join in one foreclosure action the collection of Assessments
against any or all property assessed in accordance with the provisions hereof. All
delinquent property owners whose property is foreclosed shall be liable for an apportioned
amount of reasonable costs and expenses incurred by the City and its aaents. including
reasonable attorney fees, in collection of such delinquent Assessments and any other
costs incurred by the City as a result of such delinquent Assessments including, but not
limited to, costs paid for draws on a credit facility and the same shall be collectible as a part
I
of or in addition to, the costs of the action.
(e) In lieu of foreclosure, any delinquent Assessment and the costs, fees and
expenses attributable thereto, may be collected pursuant to the Uniform Assessment
Collection Act; provided however, that (1) notice is provided to the owner in the manner
Temp. Ord. #1853. May 27, 1999
Revision #2, June 11, 1999
Page 21 of 28
required by law and this Ordinance, and (2) any existing lien of record on the affected
parcel for the delinquent Assessment is supplanted by the lien resulting from certification
of the Assessment Roll to the Tax Collector.
Sec. 6-76. Responsibility for enforcement.
The City and its agent, if any, shall maintain the duty to enforce the prompt collection of
Assessments by the means provided herein. The duties related to collection of
Assessments may be enforced at the suit of any holder of Obligations in a court of
competent jurisdiction by mandamus or other appropriate proceedings or actions.
Sec. 6-77. Government Property.
(a) If Assessments are imposed against Government Property. the City shall
provide Assessment bills by first class mail to the owner of each affected parcel of
Government Property. The bill or accompanying explanatory material shall include (1) a
brief explanation of the Assessment, (2) a description of the Assessment Units used to
determine the amount of the Assessment. (3) the number of Assessment Units a�zributable
to the parcel, (4) the total amount of the parcel's Assessment for the appropriate period.
(5) the location at which payment will be accepted, and (6) the date on which the
Assessment is due.
(b) Assessments imposed against Governmental Property shall be cue on the
same date as Assessments against other property within the Assessment Area and. if
applicable, shall be subject to the same discounts for early payment.
Y
Temp. Ord. #1853, May 27, 1999
Revision #2, June 11, 1999
Page 22 of 28
(c) An Assessment shall become delinquent if it is not paid within 30 days from
the due date. The City shall notify the owner of any Government Property that is
delinquent in payment of its Assessment within 60 days from the date such Assessment
was due. Such notice shall state in effect that the City will initiate a mandamus or other
appropriate judicial action to compel payment.
(d) All costs, fees and expenses, including reasonable attorney fees and title
search expenses, related to any mandamus or other action as described herein shall be
included in any judgment or decree rendered therein. All delinquent owners of
Government Property against which a mandamus or other appropriate action is filed shall
be liable for an apportioned amount of reasonable costs and expenses incurred by the
City, including reasonable attorney fees, in collection of such delinquent Assessments and
any other costs incurred by the City as a result of such delinquent Assessments including,
but not limited to, costs paid for draws on a credit facility and the same shall be coilectible
as a part of or in addition to, the costs of the action.
(e) As an alternative to the foregoing, an Assessment imposed against
Government Property may be collected on the bill for any utility service
provided to such Governmental Property. The Commission may contract for
such billing services with any utility provider.
Temp. Ord. #1853, May 27. 1999
Revision #2, June 11, 1999
Page 23 of 28
Sec. 6-78. General authority to issue obligations.
(a) Upon adoption of the Final Assessment Resolution imposing Assessments
to fund a Local Improvement or at any time thereafter, the Commission shall have the
power and is authorized to provide by resolution, at one time or from time to time in series,
for the issuance of Obligations to fund the Project Cost thereof.
(b) The principal of and interest on each series of Obligations shall be payable
from Pledged Revenue. At the option of the Commission, the City may agree, by
resolution, to budget and appropriate funds to make up any deficiency in the reserve
account established for the Obligations or in the payment of the Obligations, from other
non -ad valorem revenue sources. The Commission may also provide, by resolution, for
a pledge of or lien upon proceeds of such non -ad valorem revenue sources for the benefit
of the holders of the Obligations. Any such resolution shall determine the nature and
extent of any pledge of or lien upon proceeds of such non -ad valorem revenue sources.
Sec. 6-79. Terms of the obligations.
The Obligations shall be dated, shall bear interest at such rate or rates, shall mature at
such times as may be determined by resolution of the Commission, and may be made
redeemable before maturity, at the option of the City, at such price or prices and under
such terms and conditions, all as may be fixed by the Commission. Said Obligations shall
mature not later than 40 years after their issuance. The Commission shall determine by
resolution the form of the Obligations, the manner of executing such Obligations. and shall
Temp. Ord. #1853, May 27. 1999
Revision #2, June 11, 1999
Page 24 of 28
fix the denominations of such Obligations, the place or places of payment of the principal
and interest, which may be at any bank or trust company within or outside of the State of
Florida. and such other terms and provisions of the Obligations as it deems appropriate.
The Obligations may be sold at public or private sale for such price or prices as the
Commission shall determine by resolution. The Obligations may be delivered to any
contractor to pay for construction of the Local Improvements or may be sold in such
manner and for such price as the Commission may determine by resolution to be for the
best interests of the City.
Sec. 6-80. Variable rate obligations.
At the option of the Commission, Obligations may bear interest at a variable rate.
Sec. 60-81. Temporary obligations.
Prior to the preparation of definitive Obligations of any series. the Commission may, under
like restrictions, issue interim receipts, interim certificates, or temporary Obligations.
exchangeable for definitive Obligations when such Obligations have been executed and
are available for delivery. The Commission may also provide for the replacement of any
Obligations which shall become mutilated, destroyed or lost. Obligations may be issued
without any other proceedings or the happening of any other conditions or things than
those proceedings, conditions or things which are specifically required by this Ordinance.
.t
Temp. Ord. #1853. May 27, 1999
Revision #2. June 11, 1999
Page 25 of 28
Sec. 6-82. Anticipation Notes.
In anticipation of the sale of Obligations, the Commission may, by resolution, issue notes
and may renew the same from time to time. Such notes may be paid from the proceeds
of the Obligations, the proceeds of the Assessments, the proceeds of the notes and such
other legally available moneys as the Commission deems appropriate by resolution. Said
notes shall mature within five years of their issuance and shall bear interest at a rate not
exceeding the maximum rate provided by law. The Commission may issue Obligations or
renewal notes to repay the notes. The notes shall be issued in the same manner as the
Obligations.
Sec. 6-83. Taxing power not pledged.
Obligations issued under the provisions of this Ordinance shall not be deemed to constitute
a general obligation or pledge of the full faith and credit of the City within the meaning of
the Constitution of the State of Florida, but such Obligations shall be payable only from
Pledged Revenue in the manner provided herein and by the resolution authorizing the
Obligations. The issuance of Obligations under the provisions of this Ordinance shall not
directly or indirectly obligate the City to levy or to pledge any form of ad valorem taxation
whatever therefor. No holder of any such Obligations shall ever have the right to compel
any exercise of the ad valorem taxing power on the part of the City to pay any such
Obligations or the interest thereon or to enforce payment of such Obligations or the interest
thereon against any property of the City, nor shall such Obligations constitute a charge.
Temp. Ord. #1853, May 27. 1999
Revision #2, June 11, 1999 "
Page 26 of 28
lien or encumbrance, legal or equitable, upon any property of the City, except the Pledged
Revenue.
Sec. 6-84. Trust funds.
The Pledged Revenue received pursuant to the authority of this article shall be deemed
to be trust funds, to be held and applied solely as provided in this article and in the
resolution authorizing issuance of the Obligations. Such Pledged Revenue may be
invested by the City, or its designee, in the manner provided by the resolution authorizing
issuance of the Obligations. The Pledged Revenue upon receipt thereof by the City shall
be subject to the lien and pledge of the holders of any Obligations or any entity other than
the City providing credit enhancement on the Obligations.
Sec. 6-84. Remedies of holders.
Any holder of Obligations, except to the extent the rights herein given may be restricted by
the resolution authorizing issuance of the Obligations, may, whether at law or in ecuity. by
suit, action, mandamus or other proceedings, protect and enforce any and all rights under
the laws of the State of Florida or granted hereunder or under such resolution. and may
enforce and compel the performance of all duties required by this part. or by such
resolution, to be performed by the City.
Sec. 6-85. Refunding obligations.
The City may, by resolution of the Commission, issue Obligations to refund any Obligations
issued pursuant to this article, or any other obligations of the City theretofore issued to
Temp. Ord. #1853, May 27, 1999
Revision #2, June 11, 1999
Page 27 of 28
finance the Project Cost of a Local Improvement, and provide for the rights of the holders
hereof. Such refunding Obligations may be issued in an amount sufficient to provide for
the payment of the principal of, redemption premium, if any, and interest on the
outstanding Obligations to be refunded. If the issuance of such refunding Obligations
results in an annual Assessment that exceeds the estimated maximum annual
Assessments set forth in the notice provided pursuant to Section 6-66 hereof, the
Commission shall provide notice to the affected property owners and conduct a public
hearing in the manner required by Article II of this article.
SECTION 3: Specific Authority to codify this ordinance in the Code of Ordinances
of the City of Tamarac is hereby authorized and directed.
SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If a section, sentence or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
no way affect the validity of the remaining portions of this Ordinance.
Temp. Ord. #1853. May 27, 1999
Revision #2. June 11, 1999
Page 28 of 28
SECTION 6: This Ordinance shall become effective immediately upon passage
and adoption.
PASSED, FIRST READING on this � day of June, 1999.
PASSED, SECOND READING on this 4T.3 day of June. 1999.
ATTEST:
CAROL GOLD, CMC/AAE
CITY CLERK
I HERBY CERTIFY that I
have approved this
ORDId ANCE as to formi
MIT ilTLL S. KRA
C ATTORNEY
MW:aml/Utilities
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR
SCHREIBER
VOTE
DIST 1:
DIST 2:
COMM PORTr4ER
DIST 3:
V/M MiSHKIN
COMm. SULTANpF
.� +
DIST 4:
COMM. ROBERTS
c
�'
r
SEP 09 '00 03:34PM GOVT SERVICES GROUP P.1i4
GSGIliq FACSIMILE TRANSMISSION
The information contained in this transmission is confidential_ It is intended only for the use of the individual
or entity named BELOW. If the reader of this message is not the intended recipient, you are hereby notified
that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received
this communication in error, please notify us rmmadiate/y by telephone collecand return the original message
to us at the below address via the U.S. Postal Service. We will reimburse you for postage. Thank you.
TO'7:VCUN
FAX NUMBER:
FROM:
DATE.
R
This telecopy consists of _ page(s), including cover sheet_ If you fail to receive any portion of the
telecopy, please call our office immediately at (850) 681-3717. Our fax number is (850) 224-7206.
(: 'Z& e k U�� [ -� �, Qu,
V��- o-�S_S-
Government Services Group, Inc.
315 South Calhoun Street, Suite 860 - Tallahassee, FL 32301
E-mail: Rsp-amovserv.com
SEP 09 '00 03:34PM GOVT SERVICES GROUP P.2/4
Government Services Group, Inc.
11;SG Dedicated to solving funding and service delivery issues in the public sector
315 So- Calhoun, Suite 860 -Tallahassee, FL 32301 • Phone (850) 681-3717 • Fax (850) 224-7206 9 Email: gsg0govserv_C0M
September 8, 2000
VIA FACSIMILE TRANSMISSION
Mitchell S. Kraft
City Attorney
City of Tamarac
7525 N.W, 881" Avenue
Tamarac, FL 33321-2401
Re: City of Tamarac North Section 7 Assessment Area
Dear Mitch:
I previously transmitted the annual rate resolution for the North Section 7 Assessment
Area to John Ralston of the City's Budget Office on August 29, 2000. This resolution is
scheduled for adoption an Wednesday, September 13, 2000, after a public hearing on
the rates.
This resolution is the annual assessment resolution required by the Ordinance adopted
by the City Commission on June 23, 1999. The resolution approves the assessment roll
for the North Section 7 Assessment Area which includes the assessment amounts for
Fiscal Year 2000-01. For the following three properties, it also includes the delinquent
amounts from the Fiscal Year 1999-2000 assessments collected by separate bill in April
2000:
Tax Parcel Id: 494107080020 Sam and Nathan Butters
Tax Parcel Id: 494197910022 A & Louise Weisz
Tax Parcel Id: 494107110010 Manueal and Tibisay Montero
I have attached a complete assessment roll for all the properties in North Section 7 for
your reference.
The ordinance requires that if any proposed assessment for any property exceeds the
maximum amounts noticed in August 1999, that property owner must receive a notice of
the increased amount. Government Services Group, Inc. mailed notices to the above
referenced property owners on August 23, 2000, since the addition of the delinquent
amount exceeded the noticed amount from August 1999. All other property owners'
assessments are equal to or less than last year's noticed amounts and therefore, did
not require an additional notice this year.
SEP 09 '00 03:35PM GOUT SERVICES GROUP
P.3/4
Mitchell S. Kraft
September 8, 2000
Page 2
Once the public hearing is held on September 13, 2000, and the annual assessment
resolution is adopted, the final assessment roll will be certified by the City to the
Broward County Department of Revenue Collection by September 15, 2000 for
inclusion on the tax bill mailed in late October or early November 2000. The certification
of the assessment roll by September 15 will complete the assessment process for this
fiscal year. The assessments will be automatically collected with the ad valorem taxes
for each property.
Please call me if you have any questions or need further information.
Sincerely,
0�&L alow&�
Camille S. Giana sio
/cg
Enclosures
SEP 09 100 03:35PM GOVT SERVICES GROUP
ASSESSMENT REPORT DETAIL
P.4/4
Fiscaffear
ProjectName
PID
OwnerName
AnnualAssesment
00-01
Tamarac Utilities
484107010012
Sam Pip, Inc.
S17,876.73
00-01
Tamarac Utilities
494107010013
Archbishop Coleman F.
$6,041.67
00-01
Tamarac Utilities
494107010014
Jinda Lwin
$4,467,96
00-01
Tamarac Utilities
494107010015
Joesph Allan Caplan
$1,919.56
OU1
Tamarac Utilities
494107010022
Weisz
$961.66
00-01
Tamarac Utilities
494107110010
Montero, Manuel & Tibisay.
$16,281.83
00-01
Tamarac Utilities
494107010050
Catherine Piscoiotti &
$9,232.15
00-01
Tamarac Utilities
494107010161
Francis Realty Corp
$5,579.72
00-01
Tamarac Utilities
494107010170
Broward County Express.
$23,460.40
00-01
Tamarac Utilities
494107050010
Jerris Florida Properties
$5,146.68
00-01
Tamarac Utilities
494107080020
Sam & Nathan Butters
$1,762.91
00-01
Tamarac Utilities
494107090010 1
Southeast Property
'$55,381,82
00-01
Tamarac Utilities
4941CITYPARC
City of Tamarac
$1,178.40
North Section 7 Assessment Roll
"EXHIBIT B"
Temp. Reso. #8649
Revision # 1. July 6. 1999
Page 1 of 42
CITY OF TAMARAC, FLORIDA q
RESOLUTION NOJ�' l l- t
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC. FLORIDA, RELATING TO THE
CONSTRUCTION AND FUNDING OF WATER
DISTRIBUTION FACILITIES AND WASTEWATER
COLLECTION FACILITIES; DESCRIBING THE PROPERTY
TO BE LOCATED WITHIN THE PROPOSED NORTH
SECTION 7 ASSESSMENT AREA; DETERMINING THE
ESTIMATED COST OF THE ,rIIATER DISTRIBUTION
FACILITIES AND WASTEWATER COLLECTION FACILITIES:
DETERMINING THAT CERTAIN REAL PROPERTY WILL BE
SPECIALLY BENEFITED BY THE WATER DISTRIBUTION
FACILITIES AND WASTEWATER COLLECTION FACILITIES. -
ESTABLISHING THE METHOD OF ASSESSING THE COSTS
OF THE WATER DISTRIBUTION FACILITIES AND
WASTEWATER COLLECTION FACILITIES AGAINST THE
REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED
THEREBY; ESTABLISHING OTHER TERMS AND
CONDITIONS OF THE ASSESSMENTS: DIRECTING THE
CITY MANAGER TO PREPARE A TENTATIVE
ASSESSMENT POLL BASED UPON THE METHODOLOGY
SET FORTH HEREIN; ESTABLISHING A PUBLIC HEARING
TO CONSIDER IMPOSITION OF THE PROPOSED
ASSESSMENTS AND THE METHOD OF THEIR
COLLECTION: DIRECTING THE PROVISION OF NOTICE IN
CONNECTION THEREWITH; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac has incurred capital costs for the construction of
Water Distribution Facilities and Wastewater Collection Facilities as part of the construction
of Hiatus Roaa in the north half of Land Section 7. and,
Temp. Reso. #8649
Revision # 1, July 6, 1999
Page 2 of 42
WHEREAS. the construction of the Water Distribution Facilities and Wastewater
Collection Facilities in the Hiatus Road corridor will provide a specific benefit to the
properties in the north half of Land Section 7: and
WHEREAS, the City enacted the Capital Project Assessment Ordinance. which
authorizes the City to create Assessment Areas to include all of the properties. that gain
specific benefits from specific capital improvements: and
WHEREAS, the City has the authority to reasonably apportion the project cost of the
capital improvement among the property parcels within the Assessment Area and impose
an assessment to the owners of those properties located within the Assessment Area.
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 are hereby made a specific part of this resolution.
SECTION 2Z-L: The appropriate City Officials are hereby authorized to
execute this resolution to create an Assessment Area which would include those properties
in the north half of Land Section 7 that are specifically benefited by the construction of the
Water Distribution Facilities and Wastewater Collection Facilities in the Hiatus Road
Temp. Reso. #8649
Revision # 1, July 6, 1999
Page 3 of 42
corridor. as described and outlined in Articles I through VI below, and including Appendixes
A through F.
ARTICLE I
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms
shall have the following meanings, unless the context hereof otherwise requires.
"Adjusted Prepayment Amount" means the amount required to prepay the
Assessment for each Tax Parcel located in the North Section 7 Assessment Area, as
computed and revised annually pursuant to Section 5.04(G) hereof.
"Annual Debt Service Component" means the amount computed for each Tax
Parcel pursuant to Section 5.04(C) hereof.
"Annual Debt Service Factor" means the factor computed pursuant to Section
5.04(B) hereof.
"Assessment" means an annual special assessment imposed against property
located within the North Section 7 Assessment Area to fund the Project Cost of Hiatus
Water Facilities and Hiatus Wastewater Facilities to serve the North Section 7 Assessment
Area. and related expenses. computed in the manner described in Section 5.04 hereof.
Temp. Reso. #8649
Revision # 1, ,July 6, 1999
Page 4 of 42
"Assessment Roll" means a non -ad valorem assessment roll relating to the
Project Cost of the Hiatus Water Facilities and Hiatus Wastewater Facilities to serve the
North Section 7 Assessment Area, and related expenses.
"Capital Cost" means all or any portion of the expenses that are properly
attributable to the acquisition. design, construction, installation, reconstruction, renewal or
replacement (including demolition, environmental mitigation and relocation) of the Hiatus
Water Facilities and Hiatus Wastewater Facilities. and imposition of the Assessments
under generally accepted accounting principles; and including reimbursement to the City
for any funds advanced for Capital Cost and interest on any inter -fund or intrafund loan for
such purposes.
"City" means the City of Tamarac, a municipal corporation duly organized and
validly existing under the laws of the State of Florida.
"City Clerk" shall mean the official custodian of all City records and papers of an
official character as set forth in Article X of the City Charter. or such person's designee.
"City Manager" means the chief administrative officer of the City, or such person's
designee.
"Collection Cost" means the estimated cost to be incurred by the City during any
Fiscal Year in connection with the collection of Assessments.
"Collection Cost Component" means the amount computed for each Tax Parcel
pursuant to Section 5.04(D) hereof.
"Commission" means the City Commission of Tamarac. Florida.
hereof.
Temp. Reso. #8649
Revision # 1, July 6, 1999
Page 5 of 42
"Debt Service Amount" means the amount computed pursuant to Section 5.04(A)
"Delinquency Amount" means any Assessment the City is unable to collect
pursuant to the alternative method described in Section 6-75 (b) the Ordinance.
"Factored Wastewater Service Area" means the effective service area assigned
to a specific Tax Parcel or portion thereof pursuant to Section 4.03 hereof.
"Factored Water Service Area" means the effective service area assigned to a
specific Tax Parcel or portion thereof pursuant to Section 3.03 hereof.
"Final Assessment Resolution" means the resolution described in Section 6-67
of the Ordinance that imposes Assessments within the North Section 7 Assessment Area.
"Fiscal Year" means the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as may be
prescribed by law as the fiscal year for the City.
"Hiatus Wastewater Facilities" means the wastewater collection facilities required
for the City to provide wastewater service to the property located in the North Section 7
Assessment Area.
"Hiatus Water Facilities" means the water distribution facilities required for the City
to provide water service to the property located in the North Section 7 Assessment Area.
"Initial Prepayment Amount" means the amount computed pursuant Section 5.03
hereof for each Tax Parcel located in the North Section 7 Assessment Area to prepay the
Assessment prior to the date upon which the Obligation is incurred.
Temp. Reso. #8649
Revision # 1, July 6, 1999
Page 6 of 42
"Local Improvement" means a capital improvement constructed or installed by the
City for the special benefit of a neighborhood or other local area. for which special
assessments are imposed pursuant to the Ordinance.
"North Section 7 Assessment Area" means the proposed North Section 7
Assessment Area described in Section 5.01 hereof.
"Obligation" means the internal loan made by the City to fund the Project Cost of
the Hiatus Water Facilities and the Hiatus Wastewater Facilities, excluding the Initial
Prepayment Amount for Parcel No. 494107010170 (Broward County Expressway
Authority).
"Ordinance" means Ordinance No. 0-99--, also known as the Capital Project
Assessment Ordinance,
"Parcel Area" means the geographic area within a Tax Parcel or portion thereof
measured in square feet. as assigned in Sections 3.02 and 4.02 hereof.
"Project Cost" means (A) the Capital Cost of the Hiatus Water Facilities and Hiatus
Wastewater Facilities and (B) any other costs or expenses related thereto.
"Property Appraiser" means the Broward County Property Appraiser.
"State" means the State of Florida.
"Statutory Discount Amount" means the amount computed for each Tax Parcel
pursuant to Section 5.04(E) hereof.
"Tax Collector" means the Department of Finance and Administrative Services as
described in Article IV of the Broward County Charter.
Temp. Reso. #8649
Revision # 1. July 6, 1999
Page 7 of 42
"Tax Parcel" means a parcel of property to which the Property Appraiser has
assigned a distinct ad valorem property tax identification number.
"Tax Roll" means the real property ad valorem tax assessment roll maintained by
the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635,
Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem
assessments on the same bill as ad valorem taxes. and any applicable regulations
promulgated thereunder.
"Wastewater Facilities Cost Component" means the amount computed for each
Tax Parcel pursuant to Section 4.04 hereof.
"Wastewater Facilities Directly Served Property" includes property that the City
reasonably expects to be served directly from the Hiatus Wastewater Facilities.
"Wastewater Facilities Excluded Property" includes developed property, property
that cannot be developed, property that is reasonably expected to be served by other
wastewater collection facilities, and City property acquired for road right-of-way, utility
easements or open space.
"Wastewater Facilities Impact Factor" means the factor assigned to each
Wastewater Facilities Property Classification pursuant to Section 4.01 hereof.
"Wastewater Facilities Property Classification" means Wastewater Facilities
Excluded Property or Wastewater Facilities Directly Served Property.
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"Water Facilities Cost Component" means the amount computed for each Tax
Parcel pursuant to Section 3.04 hereof.
"Water Facilities Directly Served Property" includes property that the City
reasonably expects to be served directly from the Hiatus Water Facilities.
"Water Facilities Excluded Property" includes developed property, property that
cannot be developed, property that is reasonably expected to be served by other water
distribution facilities. and City property acquired for road right-of-way, utility easements or
open space.
"Water Facilities Impact Factor" means the factor assigned to each Water
Facilities Property Classification pursuant to Section 3.01 hereof.
"Water Facilities Other Benefited Property" includes property that is not
otherwise classified as Water Facilities Excluded Property or Water Facilities Directly
Served Property.
"Water Facilities Property Classification" means Water Facilities Excluded
Property, Water Facilities Directly Served Property or Water Facilities Other Benefited
Property.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise.
words importing the singular number include the plural number, and vice versa; the terms
"hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution;
and the term "hereafter" means after, and the term "heretofore" means before, the effective
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date of this Resolution. Words of any gender include the correlative words of the other
gender, unless the sense indicates otherwise.
SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined
and declared that:
(A) This Resolution is adopted pursuant to the provisions of Ordinance No.
0-99 Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions
of law.
(B) The City Commission of the City of Tamarac, Florida, has enacted the
Ordinance to provide for the creation of assessment areas and authorize the imposition of
Assessments to fund the construction of Local Improvements to serve the property located
therein.
(C) The Hiatus Water Facilities and Hiatus Wastewater Facilities constitute a
Local Improvement, as defined in the Ordinance. and permit the City to provide potable
water and wastewater collection and treatment service to property located within the North
Section 7 Assessment Area.
A The Commission desires to create the North Section 7 Assessment Area to
fund construction of the Hiatus Water Facilities and Hiatus Wastewater Facilities.
(E) The construction of such Hiatus Water Facilities and Hiatus Wastewater
Facilities will provide a special benefit to the property located within the North Section 7
Assessment Area by providing access to potable water and wastewater treatment services.
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(F) The Commission hereby finds and determines that the Assessments to be
imposed in accordance with this Resolution provide an equitable method of funding
construction of the Hiatus Water Facilities and Hiatus Wastewater Facilities by fairly and
reasonably allocating the cost to specially benefited property, based upon the classification
and size of property in the manner hereinafter described.
ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED CAPITAL COST. The estimated Capital Cost for
the Hiatus Water Facilities is $275,306 and the estimated Capital Cost for the Hiatus
Wastewater Facilities is 5308,758. The Project Cost of the Hiatus Water Facilities and
Hiatus Wastewater Facilities will be funded through the imposition of Assessments against
property located in the North Section 7 Assessment Area in the manner set forth in Articles
III, IV and V hereof.
SECTION 2.02. ASSESSMENT ROLL. The City Manager is hereby directed
to prepare a final estimate of the Capital Cost of the Hiatus Water Facilities and Hiatus
Wastewater Facilities and to prepare the preliminary Assessment Roll in the manner
provided in the Ordinance. The City Manager shall apportion the Project Cost among the
parcels of real property within the North Section 7 Assessment Area as reflected on the
Tax Roll in conformity with Articles III, IV and V hereof. The estimate of Capital Cost and
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the Assessment Roll shall be maintained on file in the offices of the City Clerk and open
to public inspection. The foregoing shall not be construed to require that the Assessment
Roll be in printed form if the amount of the Assessment for each Tax Parcel can be
determined by use of a computer terminal available to the public.
SECTION 2.03. PUBLIC HEARING. A public hearing will be conducted by the
Commission at 9.00 A.M. or as 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. to consider (A) creation of the North Section 7 Assessment Area, (B)
imposition of the Assessments, and (C) collection of the Assessments pursuant to the
Uniform Assessment Collection Act.
SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the materials
required by Section 2.02 hereof, the City Manager shall publish a notice of the public
hearing authorized by Section 2.03 hereof in the manner and the time provided in Section
6-65 of the Ordinance. Such notice shall be in substantially the form attached hereto as
Appendix A.
SECTION 2.05. NOTICE BY MAIL. Upon completion of the materials required
by Section 2.02 hereof, the City Manager shall, at the time and in the manner specified in
Section 6-66 of the Ordinance, provide first class mailed notice of the public hearing
authorized by Section 2.03 hereof to each property owner proposed to be assessed at the
address indicated on the Tax Roll. Such notice shall be in substantially the forms attached
hereto as Appendix B. Appendix C and Appendix D.
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ARTICLE III
HIATUS WATER FACILITIES
SECTION 3.01. DESCRIPTION OF CLASSIFICATIONS. Based upon the
location and configuration of any specific Tax Parcel, portions of the Tax Parcel may be
assigned to different Water Facilities Property Classifications. In that event, the Factored
Water Service Area for each portion of the Tax Parcel will be calculated separately and
aggregated to compute the Factored Water Service Area for the entire Tax Parcel. Once
the Factored Water Service Area for the entire Tax Parcel is computed, the Assessment
will be imposed against the entire Tax Parcel and no distinction will be made thereafter
between portions of the Tax Parcel assigned to different Water Facilities Property
Classifications. Specific findings as to the Water Facilities Property Classification and
Parcel Area for each Tax Parcel in the North Section 7 Assessment Area are made in
Section 3.02 hereof. A map of the North Section 7 Assessment Area depicting the Water
Facilities Property Classifications and Parcel Areas is attached as Appendix E hereto.
(A) Water Facilities Excluded„ Property.
(1) The Water Facilities Excluded Property Water Facilities Property
Classification will include developed property, property that cannot be developed.
property that is reasonably expected to be served by other water distribution
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facilities and City property acquired for road right-of-way, utility easements or open
space.
(2) The Commission hereby legislatively finds and determines that
property classified as Water Facilities Excluded Property will have a Water Facilities
Impact Factor of zero percent.
(B) Water Facilities Directly Served Property.
(1) The Water Facilities Directly Served Property Water Facilities Property
Classification will include property that the City reasonably expects to be served
directly from the Hiatus Water Facilities.
(2) The Commission hereby legislatively finds and determines that
property classified as Water Facilities Directly Served Property will have a Water
Facilities Impact Factor of 100 percent.
(C) Water Facilities Other Benefited Prooert.
(1) The Water Facilities Other Benefited Property Water Facilities
Property Classification will include all other property not classified as Water
Facilities Excluded Property or Water Facilities Directly Served Property.
(2) The Commission hereby legislatively finds and determines that:
(a) The Assessment against Water Facilities Other Benefited
Property recognizes the network nature of water systems, which is different
from wastewater systems.
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(b) In water systems, there is a network of water lines; the water
flow can come from either direction in the pipes depending on system
conditions. Increasing or bettering a water system network improves the
service to property served by that network. Generally, the water service is
more reliable, has better water pressure and volume, and has better water
quality. In addition, construction of a loop system reduces the likelihood of
service interruption since water can be provided from two directions.
(c) Although it can be shown through hydraulic modeling that the
available water volume and residual pressure to Water Facilities Other
Benefited Property will be increased by the construction of the Hiatus Water
Facilities, the special benefit can be difficult to quantify precisely.
(d) Based on some assumed development patterns and the
location of the property/development, the increase in the water volume and
residual pressure is expected to range between ten and fifty percent.
(3) Taking the increased reliability into consideration, the Commission
hereby legislatively finds and determines that property classified as Water Facilities
Other Benefited Property will have a Water Facilities Impact Factor of 33 percent.
SECTION 3.02. ASSIGNMENT OF CLASSIFICATIONS.
(A) Parcel No. 494107020010 (JBC Investments. Inc.). The Commission hereby
legislatively finds and determines that:
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(1) This Tax Parcel has been developed and will derive no special benefit
from the Hiatus Water Facilities.
(2) This Tax Parcel has been classified as Water Facilities Excluded
Property.
(B) Parcel No. 494107080010 Tamarac Business Center. 16c.. The
Commission hereby legislatively finds and determines that:
(1) This Tax Parcel has been developed and will derive no special benefit
from the Hiatus Water Facilities.
(2) This Tax Parcel has been classified as Water Facilities Excluded
Property.
(C) Parcel No. 494107080020 (Sam and Nathan Butters). The Commission
hereby legislatively finds and determines that:
(1) This Tax Parcel has been developed and will derive no special benefit
from the Hiatus Water Facilities.
(2) This Tax Parcel has been classified as Water Facilities Excluded
Property.
(D) Parcel No. 494107080021 (Arch Aluminum L.C.), The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel has been developed and will derive no special benefit
from the Hiatus Water Facilities.
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(2) This Tax Parcel has been classified as Water Facilities Excluded
Property.
(E) Parcel No. 494107080022 Sun Belt Precision Products. Inc.. The
Commission hereby legislatively finds and determines that:
(1) This Tax Parcel has been developed and will derive no special benefit
from the Hiatus Water Facilities.
(2) This Tax Parcel has been classified as Water Facilities Excluded
Property.
(F) Parcel No. 494107010161 Francis Realty Corp.). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal
to 203,278 square feet. It is reasonable to expect that the entire Tax Parcel will be
served directly from the Hiatus Water Facilities.
(2) This Tax Parcel has been classified as Water Facilities Directly
Served Property.
(G) Parcel No. 494107060010 Yolanda Maurer . The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel does not abut Hiatus Road and contains Parcel Area
equal to 185,560 square feet. The City reasonably expects this Tax Parcel to
receive an indirect benefit from the Hiatus Water Facilities because the addition to
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the water system network in the area should increase the water volume and residual
pressure within the water distribution loop system.
(2) This Tax Parcel has been classified as Water Facilities Other
Benefited Property.
(H) Parcel No. 494107040010 James C. Jacobson. Trustee). The Commission
hereby legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road but is significantly deeper than the
Francis Realty Tax Parcel and is reasonably divisible into two areas, as shown in
Appendix E. Area A contains Parcel Area equal to 121, 296 square feet and Area
B contains Parcel Area equal to 121,296 square feet. It is reasonable to expect
that Area A will be served directly from the Hiatus Water Facilities and Area B will
be served from the extension of other existing water distribution facilities.
(2) Area A of this Tax Parcel has been classified as Water Facilities
Directly Served Property and Area B of this Tax Parcel has been classified as Water
Facilities Other Benefited Property
(I) Parcel No. 494107010022 (Weisz). The Commission hereby legislatively
finds and determines that:
(1) This Tax Parcel does not abut Hiatus Road and contains Parcel Area
equal to 97,689 square feet. The City reasonably expects this Tax Parcel to receive
an indirect benefit from the Hiatus Water Facilities because the addition to the water
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system network in the area should increase the water volume and residual pressure
within the water distribution loop system.
(2) This Tax Parcel has been classified as Water Facilities Other
Benefited Property.
(J) Parcel No. 494107080020 (Sam & Nathan Butters). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road, currently has access to other
water distribution facilities on other property formerly under common ownership and
is reasonably divisible into two areas, as shown in Appendix E. Area A contains
Parcel Area equal to 19,564 square feet and Area B contains Parcel Area equal to
19,564 square feet. It is reasonable to expect that Area A will be served from the
extension of other existing water distribution facilities and Area B will be served
directly from the Hiatus Water Facilities.
(2) Area A has been classified as Water Facilities Other Benefited
Property and Area B has been classified as Water Facilities Directly Served
Property,
(K) Parcel No. 494107010012 Sani Pi . Inc.). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel is a large irregular shaped parcel abutting Hiatus
Road on its western boundary and Nob Hill Road on its eastern boundary and is
reasonably divisible into three areas, as shown in Appendix E. Area A contains
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Parcel Area equal to 403,770 square feet, Area B contains Parcel Area equal to
302.827 square feet and Area C contains Parcel Area equal to 302,827 square feet.
It is reasonable to expect that Area A will be served directly from the Hiatus Water
Facilities while Area B and Area C will indirectly benefit from the Hiatus Water
Facilities due to the loop system of the water distribution system.
(2) Area A has been classified as Water Facilities Directly Served
Property while Area B and Area C have been classified as Water Facilities Other
Benefited Property.
(L) Parcel No. 494107010013 (Archbishop Coleman F. Carroll. The
Commission hereby legislatively finds and determines that:
(1) This Tax Parcel does not abut Hiatus Road and contains Parcel Area
equal to 343,907 square feet. The City reasonably expects this Tax Parcel to
receive an indirect benefit from the Hiatus Water Facilities because the addition to
the water system network in the area should increase the water volume and residual
pressure within the water distribution loop system.
(2) This Tax Parcel has been classified as Water Facilities Other
Benefited Property.
(M) Parcel No. 494107010040 (Simon & Ruth Ash). The Commission hereby
legislatively finds and determines that:
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(1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal
to 296,333 square feet. It is reasonable to expect that the entire Tax Parcel will be
served directly from the Hiatus Water Facilities
(2) This Tax Parcel has been classified as Water Facilities Directly
Served Property.
(N) Parcel No. 494107050010 (Jerris Florida Properties. Inc.. The Commission
hereby legislatively finds and determines that:
(1) This Tax Parcel does not abut Hiatus Road but does abut McNab
Road, which has existing water distribution facilities. This Tax Parcel contains
Parcel Area equal to 292.962 square feet. The City reasonably expects this Tax
Parcel to receive an indirect benefit from the Hiatus Water Facilities because the
addition to the water system network in the area should increase the water volume
and residual pressure within the water distribution loop system.
(2) This Tax Parcel has been classified as Water Facilities Other
Benefited Property.
(0) Parcel No. 494107010050 (Catherine Pisciotti and Marianne Winfield). The
Commission hereby legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road, does not have access to other
water distribution facilities and contains Parcel Area equal to 336.324 square feet.
It is reasonable to expect that the entire Tax Parcel will be served directly from the
Hiatus Water Facilities.
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(2) This Tax Parcel has been classified as Water Facilities Directly
Served Property.
(P) Parcel No. 494107090010 Southeast Property Acquisition). The
Commission hereby legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road, does not have access to other
water distribution facilities and is reasonably divisible into two areas, as shown in
Appendix E. Area A contains Parcel Area equal to 2,017,648 square feet and Area
B contains Parcel Area equal to 356,056 square feet. It is reasonable to expect that
Area A will be served directly from the Hiatus Water Facilities. Since Area B is
located on the other side of the expressway, it is not reasonable to expect that Area
B can be served by the Hiatus Water Facilities.
(2) Area A has been classified as Water Facilities Directly Served
Property and Area B has been classified as Water Facilities Excluded Property.
(Q) Parcel No. 494107010170 Broward County Expressway -Authority . The
Commission hereby legislatively finds and determines that:
(1) This Tax Parcel does not abut Hiatus Road but does abut McNab
Road, which has existing water distribution facilities. This Tax Parcel is reasonably
divisible into two areas, as shown in Appendix E. Area A contains Parcel Area
equal to 1,335.424 square feet and Area B contains Parcel Area equal to 445.142
square feet. In Area A. the City reasonably expects the Hiatus Water Facilities to
provide an indirect benefit because the addition to the water system network in the
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area should increase the water volume and residual pressure within the water
distribution loop system. Area B cannot be developed.
(2) Area A has been classified as Water Facilities Other Benefited
Property and Area B has been classified as Water Facilities Excluded Property.
(R) Parcel No. 494.107010015 (Joseph Allan Caplan). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal
to 69.932 square feet. It is reasonable to expect that the entire Tax Parcel will be
served directly from the Hiatus Water Facilities.
(2) This Tax Parcel has been classified as Water Facilities Directly
Served Property.
(S) Parcel _ No. 494107010014�(Jinda Lwin). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal
to 162,775 square feet. It is reasonable to expect that the entire Tax Parcel will be
served directly from the Hiatus Water Facilities.
(2) This Tax Parcel has been classified as Water Facilities Directly
Served Property.
SECTION 3.03. FACTORED WATER SERVICE AREA. The Factored Water
Service Area for each Tax Parcel or portion thereof shall be computed as follows:
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(A) If the Tax Parcel contains one Water Facilities Property Classification, the
Factored Water Service Area shall be the amount computed by multiplying the Parcel Area
for the Tax Parcel by the appropriate Water Facilities Impact Factor.
(B) If the Tax Parcel contains more than one Water Facilities Property
Classification, the Factored Water Service Area shall be the sum of the amount computed
for each portion of the Tax Parcel by multiplying (1) the Parcel Area for each portion of the
Tax Parcel, by (2) the appropriate Water Facilities Impact Factor.
SECTION 3.04. WATER FACILITIES COST COMPONENT. The Water
Facilities Cost Component for each Tax Parcel shall be computed by dividing (A) the
Factored Water Service Area, by (B) the total Factored Water Service Area for all Tax
Parcels in the North Section 7 Assessment Area, and multiplying the result by the Capital
Cost of the Hiatus Water Facilities.
ARTICLE IV
HIATUS WASTEWATER FACILITIES
SECTION 4.01. DESCRIPTION OF CLASSIFICATIONS. Based upon the
location and configuration of any specific Tax Parcel, portions of the Tax Parcel may be
assigned to different Wastewater Facilities Property Classifications. In that event. the
Factored Wastewater Service Area for each portion of the Tax Parcel will be calculated
separately and aggregated to compute the Factored Wastewater Service Area for the
entire Tax Parcel. Once the Factored Wastewater Service Area for the entire Tax Parcel
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is computed. the Assessment will be imposed against the entire Tax Parcel and no
distinction will be made therea ter between portions of the Tax Parcel assigned to different
Wastewater Facilities Property Classifications. Specific findings as to the Wastewater
Facilities Property Classification and Parcel Area for each Tax Parcel in the North Section
7 Assessment Area are made in Section 4.02 hereof. A map of the North Section 7
Assessment Area depicting the Wastewater Facilities Property Classifications and Parcel
Areas is attached as Appenaix F hereto.
(A) Wastewater Facilities Excluded Property,
(1) The Wastewater Facilities Excluded Property Wastewater Facilities
Property Classification will include developed property, property that cannot be
developed, property that is reasonably expected to be served by other wastewater
collection facilities and City property acquired for road right-of-way. utility easements
or open space.
(2) The Commission hereby legislatively finds and determines that
property classified as Wastewater Facilities Excluded Property will have a
Wastewater Facilities impact Factor of zero percent.
(B) Wastewater Facilities Directly Served Property.
(1) The Wastewater Facilities Directly Served Property Wastewater
Facilities Property Classification will include property that the City reasonably
expects to be served directly from the Hiatus Wastewater Facilities.
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(2) The Commission hereby legislatively finds and determines that
property classified as `Vastewater Facilities Directly Served Property will have a
Wastewater Facilities Impact Factor of 100 percent.
SECTION 4.02. ASSIGNMENT OF CLASSIFICATIONS.
(A) Parcel No. 494107020010 (JBC Investments. Inc.. The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel has been developed and will derive no special benefit
from the Hiatus Wastewater Facilities.
(2) This Tax Parcel has been classified as Wastewater Facilities Excluded
Property.
(B) Parcel No. 494107080010 Tamarac Business Center. Inc.. The
Commission hereby legislatively finds and determines that:
(1) This Tax Parcel has been developed and will derive no special benefit
from the Hiatus Wastewater Facilities.
(2) This Tax Parcel has been classified as Wastewater Facilities Excluded
Property.
(C) Parcel No. 494107080020 (Sam and Nathan Butters). The Commission
hereby legislatively finds and determines that:
(1) This Tax Parcel has been developed and will derive no special benefit
from the Hiatus Wastewater Facilities.
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(2) This Tax Parcel has been classified as Wastewater Facilities Excluded
Property.
(D) Parcel No- 494107080021 (Arch Aluminum L.C.). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel has been developed and will derive no special benefit
from the Hiatus Wastewater Facilities.
(2) This Tax Parcel has been classified as Wastewater Facilities Excluded
Property.
(E) Parcel_ No. 494107080022 (Sun Belt Precision Products. _Inc.. The
Commission hereby legislatively finds and determines that:
(1) This Tax Parcel has been developed and will derive no special benefit
from the Hiatus Wastewater Facilities.
(2) This Tax Parcel has been classified as Wastewater Facilities Excluded
Property.
(F) Parcel No. 494107010161 (Francis Realty Corp.). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal
to 203,278 square feet. It is reasonable to expect that the entire Tax Parcel will be
served directly from the Hiatus Wastewater Facilities.
(2) This Tax Parcel has been classified as Wastewater Facilities Directly
Served Property.
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(G) Parcel No. 494107060010 (Yolanda Maurer). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel does not abut Hiatus Road but does abut a City utility
easement to Hiatus Road on its southern boundary and a City lift station not
connected to the Hiatus Wastewater Facilities on its eastern boundary. This Tax
Parcel is reasonably divisible into two areas, as shown in Appendix F. Area A
contains Parcel Area equal to 92,780 square feet and Area B contains Parcel Area
equal to 92.780 square feet. It is reasonable to expect that Area A will be served
directly from the Hiatus Wastewater Facilities and Area B will be served from the
City lift station not connected to the Hiatus Wastewater Facilities.
(2) Area A of this Tax Parcel has been classified as Wastewater Facilities
Directly Served Property and Area B has been classified as Wastewater Facilities
Excluded Property.
(H) Parcel No. 494107040010 (James C. Jacobson. Trustee). The Commission
hereby legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road on its western boundary and N.W.
67th Street (which has wastewater collection facilities not connected to Hiatus
Road) on its southern boundary. This Tax Parcel is reasonably divisible into two
areas, as shown in Appendix F. Area A contains Parcel Area equal to 121,296
square feet and Area B contains Parcel Area equal to 121,296 square feet. It is
reasonable to expect that Area A will be served directly from the Hiatus Wastewater
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Facilities and Area B will be served from wastewater collection facilities not
connected to Hiatus Road.
(2) Area A of this Tax Parcel has been classified as Wastewater Facilities
Directly Served Property and Area B has been classified as Wastewater Facilities
Excluded Property.
(1) Parcel No. 494107010022 (Weisz). The Commission hereby legislatively
finds and determines that:
(1) This Tax Parcel does not abut Hiatus Road and does abut N.W. 67th
Street (which has wastewater collection facilities not connected to Hiatus Road) on
its southern boundary. This Tax Parcel contains Parcel Area equal to 97,689
square feet. It is reasonable to expect that the entire Tax Parcel will be served from
the wastewater collection facilities not connected to Hiatus Road.
(2) This Tax Parcel has been classified as Wastewater Facilities Excluded
Property.
(J) Parcel No. 494107080020 (Sam & Nathan Butters). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal
to 39,128 square feet. It is reasonable to expect that the entire Tax Parcel will be
served directly from the Hiatus Wastewater Facilities.
(2) This Tax Parcel has been classified as Wastewater Facilities Directly
Served Property.
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(K) Parcel No. 494107010012 (Sani _Pic. Inc.). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel is a large irregular shaped parcel abutting Hiatus
Road on its western boundary and Nob Hill Road on its eastern boundary. This Tax
Parcel is reasonably divisible into three areas, as shown in Appendrx F. Area A
contains Parcel Area equal to 403,770 square feet. Area B contains Parcel Area
equal to 302,827 square feet and Area C contains Parcel Area equal to 302.827
square feet. In addition. Area B abuts existing wastewater collection facilities on its
western boundary. It is reasonable to expect that Area A and Area C will be served
directly from the Hiatus Water Facilities while Area B will be served from existing
wastewater collection facilities.
(2) Area A and Area C have been classified as Wastewater Facilities
Directly Served Property while Area B has been classified as Wastewater Facilities
Excluded Property.
(L) Parcel No. 494107010013 Archbisho Coleman F. Carroll. The
Commission hereby legislatively finds and determines that-
(1) This Tax Parcel does not abut Hiatus Road, does not have access to
other wastewater collection facilities and contains Parcel Area equal to 343.907
square feet. It is reasonable to expect that the entire Tax Parcel will be served
directly from the Hiatus Wastewater Facilities.
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(2) This Tax Parcel has been classified as Wastewater Facilities Directly
Served Property.
(M) Parcel No. 494107010040 (Simon & Ruth Ash). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal
to 296,333 square feet. It is reasonable to expect that the entire Tax Parcel will be
served directly from the Hiatus Wastewater Facilities
(2) This Tax Parcel has been classified as Wastewater Facilities Directly
Served Property.
(N) Parcel No. 4941.07050010 (JernsFloridaroperties. Inc.). The Commission
, ,.a
hereby legislatively finds and determines that:
(1) This Tax Parcel does not abut Hiatus Road, does not have access to
other wastewater collection facilities and contains Parcel Area equal to 292.962
square feet. It is reasonable to expect that the entire Tax Parcel will be served
directly from the Hiatus Wastewater Facilities.
(2) This Tax Parcel has been classified as Wastewater Facilities Directly
Served Property.
(0) Parcel No. 494107010050 Catherine Pisciotti and Marianne Winfield . The
Commission hereby legislatively finds and determines that:
Temp. Reso. #8649
Revision # 1. July 6, 1999
Page 31 of 42
(1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal
to 336.342 square feet. It is reasonable to expect that the entire Tax Parcel will be
served directly from the Hiatus Wastewater Facilities.
(2) This Tax Parcel has been classified as Wastewater Facilities Directly
Served Property.
(P) Parcel No. 4941_07090010 (Southeast Property Acquisition). The
Commission hereby legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road and is reasonably divisible into two
areas, as shown in Appendix F. Area A contains Parcel Area equal to 2,017,648
square feet and Area B contains Parcel Area equal to 356,056 square feet. It is
reasonable to expect that Area A will be served directly from the Hiatus Wastewater
Facilities. Area B cannot be developed.
(2) Area A has been classified as Wastewater Facilities Directly Served
Property and Area B has been classified as Wastewater Facilities Excluded
Property.
(Q) Parcel No. 494107010170 (Broward County
my Expressway Authority). The
_..
Commission hereby legislatively finds and determines that:
(1) This Tax Parcel does not abut Hiatus Road but does not have access
to other wastewater collection facilities. This Tax Parcel is reasonably divisible into
two areas, as shown in Appendix F. Area A contains Parcel Area equal to
1,335,424 square feet and Area 8 contains Parcel Area equal to 445,142 square
Temp. Reso. #8649 .
Revision # 1, July 6, 1999
Page 32 of 42
feet. It is reasonable to expect that Area will be served directly from the Hiatus
Wastewater Facilities. Area B cannot be developed.
(2) Area A has been classified as Wastewater Facilities Directly Served
Property and Area B has been classified as Wastewater Facilities Excluded
Property.
(R) Parcel No. 494107010015 (Joseph Allan Caplan). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal
to 69,932 square feet. It is reasonable to expect that the entire Tax Parcel will be
served directly from the Hiatus Wastewater Facilities.
(2) This Tax Parcel has been classified as Wastewater Facilities Directly
Served Property.
(S) Parcel No. 494107010014 (Jinda Lwi_n). The Commission hereby
legislatively finds and determines that:
(1) This Tax Parcel abuts Hiatus Road and contains Parcel Area equal
to 162,775 square feet. It is reasonable to expect that the entire Tax Parcel will be
served directly from the Hiatus Wastewater Facilities.
(2) This Tax Parcel has been classified as Wastewater Facilities Directly
Served Property.
SECTION 4.03. FACTORED WASTEWATER SERVICE AREA. The Factored
Wastewater Service Area for each Tax Parcel shall be computed as follows:
Temp. Reso. #8649
Revision # 1, July 6, 1999
Page 33 of 42
(A) If the Tax Parcel contains one Wastewater Facilities Property Classification,
the Factored Wastewater Service Area shall be the amount computed by multiplying the
Parcel Area for the Tax Parcel by the appropriate Wastewater Facilities Impact Factor.
(B) If the Tax Parcel contains more than one Wastewater Facilities Property
Classification. the Factored Wastewater Service Area shall be the sum of the amount
computed for each portion of the Tax Parcel by multiplying (1) the Parcel Area for each
portion of the Tax Parcel, by (2) the appropriate Wastewater Facilities Impact Factor.
SECTION 4.04. WASTEWATER FACILITIES COST COMPONENT. The
Wastewater Facilities Cost Component for each Tax Parcel shall be computed by dividing
(A) the Factored Wastewater Service Area, by (B) the total Factored Wastewater Service
Area for all Tax Parcels in the North Section 7 Assessment Area, and multiplying the result
by the Capital Cost of the Hiatus Wastewater Facilities.
ARTICLE V
ASSESSMENTS
SECTION 5.01. DESCRIPTION OF ASSESSMENT AREA. The proposed
North Section 7 Assessment Area shall include the property located within: the North half
of Land Section 7, City of Tamarac, County of Broward. The North Section 7 Assessment
Area is proposed for the purpose of improving the use and enjoyment of property located
Temp. Reso. #8649
Revision # 1. July 6, 1999
Page 34 of 42
therein by funding the construction of Hiatus Water Facilities and Hiatus Wastewater
Facilities to provide access to potable water and wastewater treatment services.
SECTION 5.02. IMPOSITION OF ASSESSMENTS. Assessments shall be
imposed against property located within the North Section 7 Assessment Area for each
Fiscal Year in which any portion of the Obligation remains outstanding, the amount of
which shall be computed in accordance with this Article V. When imposed, the
Assessment for each Fiscal Year shall constitute a lien upon the Tax Parcels located in the
North Section 7 Assessment Area, pursuant to the Ordinance.
SECTION 5.03. PREPAYMENT AMOUNT. Upon adoption of the Final
Assessment Resolution, an Initial Prepayment Amount for each Tax Parcel located within
the North Section 7 Assessment Area shall be calculated as the sum of (1) the Water
Facilities Cost Component attributable to such Tax Parcel and (2) the Wastewater Facilities
Cost Component attributable to such Tax Parcel.
SECTION 5.04. COMPUTATION OF ASSESSMENTS. Assessments will be
imposed for each Fiscal Year in which any portion of the Obligation remains outstanding,
and collected on the ad valorem tax bill in the manner authorized by the Uniform
Assessment Collection Act. The annual Assessment shall be computed for each Tax
Parcel, other than Parcel No. 494107010170 (Broward County Expressway Authority), in
the manner set forth in this Section 5.04. The Assessment for Parcel No. 494107010170
(Broward County Expressway Authority) shall be payable in the manner set forth in Section
5.08 hereof.
(A)
DEBT SERVICE AMOUNT
Temp. Reso. #8649
Revision # 1, July 6, 1999
Page 35 of 42
A "Debt Service Amount' shall be computed for
each Fiscal Year as the amount payable in respect of the Obligation.
(B) ANNUAL DEBT SERVICE FACTOR. An "Annual Debt Service Factor" shall
be computed for each Fiscal Year by dividing (1) the Debt Service Amount by (2) the
aggregate Adjusted Prepayment Amount (or for the initial Assessment Roll, the aggregate
Initial Prepayment Amount).
(C) ANNUAL DEBT SERVICE COMPONENT. The "Annual Debt Service
Component' shall be computed for each Fiscal Year for each Tax Parcel by multiplying (1)
the Adjusted Prepayment Amount (or for the initial Assessment Roll, the aggregate Initial
Prepayment Amount) for such Tax Parcel by (2) the Annual Debt Service Factor. In
addition to the amount computed in the manner described above, the "Annual Debt Service
Component" shall include any Delinquency Amount for a prior Fiscal Year.
(D) COLLECTION COST COMPONENT. The "Collection Cost Component" shall
be computed each Fiscal Year for each Tax Parcel by (1) dividing (a) the Adjusted
Prepayment Amount and Delinquency Amount (or for the initial Assessment Roll, the Initial
Prepayment Amount) for such Tax Parcel by (b) the sum of the aggregate Adjusted
Prepayment Amount and Delinquency Amount (or for the initial Assessment Roll, the
aggregate Initial Prepayment Amount), and (2) multiplying the result by the Collection Cost.
(E) STATUTORY DISCOUNT AMOUNT. The "Statutory Discount Amount' shall
be computed for each Tax Parcel as the amount allowed by law as the maximum discount
for early payment of ad valorem taxes and non -ad valorem assessments. such amount to
Temp. Reso. #8649
Revision # 1, July 6, 1999
Page 36 of 42
be calculated by deducting (1) the sum of (a) the Annual Debt Service Component and (b)
the Collection Cost Component. from (2) the amount computed by dividing (a) the sum of
0) the Annual Debt Service Component and (ii) the Collection Cost Component, by (b)
re •.
(F) ASSESSMENT. The annual Assessment for each Tax Parcel shall be
computed as the sum of (1) the Annual Debt Service Component, (2) the Collection Cost
Component. and (3) the Statutory Discount Amount.
(G) ADJUSTED PREPAYMENT AMOUNT. Upon issuance of the ad valorem tax
bill for each Fiscal Year, the Adjusted Prepayment Amount for each Tax Parcel shall be
computed by deducting (1) the amount computed by (a) dividing (i) the principal component
of the Debt Service Amount utilized to compute the Debt Service Component for the
Assessment Roll by (ii) the total Debt Service Amount utilized to compute the Debt Service
Component for the Assessment Roll and (b) multiplying the result by the Annual Debt
Service Component included on the Assessment Roll for the Tax Parcei. from (2) the
Adjusted Prepayment Amount (or for the initial Assessment Roll, the aggregate Initial
Prepayment Amount) utilized to compute the Annual Assessment included on the
Assessment Roll for such Tax Parcel.
SECTION 5.05. INITIAL PREPAYMENT OPTION.
(A) Following adoption of the Final Assessment Resolution. the City Manager
shall provide first class mailed notice to the owner of each Tax Parcel subject to the
Assessment of the owner's option to prepay all future annual Assessments. On or prior
Temp. Reso. #8649
Revision # 1, July 6, 1999
Page 37 of 42
to the date on which the first annual Assessment Roll is certified to the Tax Collector, the
owner of each Tax Parcel subject to the Assessment shall be entitled to prepay all future
annual Assessments, upon payment of the Initial Prepayment Amount.
(8) The amount of all prepayments made pursuant to this Section 5.05 shall be
final. The City shall not be required to refund any portion of a prepayment if (T) the actual
Capital Cost of the Hiatus Water Facilities and Hiatus Wastewater Facilities is less than the
estimated Capital Cost upon which the Initial Prepayment Amount was computed, or (2)
annual Assessments will not be imposed for the full number of years anticipated at the time
of such prepayment.
SECTION 5.06. ADDITIONAL PREPAYMENT OPTION. The owner of each
Tax Parcel subject to the Assessments shall be entitled to prepay all future unpaid annual
Assessments upon payment of an amount equal to the Adjusted Prepayment Amount for
such Tax Parcel. The amount of all prepayments made pursuant to this Section 5.06 shall
be final. The City shall not be required to refund any portion of a prepayment if (1) the
Capital Cost of the Hiatus Water Facilities and Hiatus Wastewater Facilities is less than the
amount upon which such Adjusted Prepayment Amount was computed, or (2) annual
Assessments will not be imposed for the full number of years anticipated at the time of
such prepayment.
SECTION 5.07. MANDATORY PREPAYMENT. If at any time a tax certificate
has been issued and remains outstanding in respect of any Tax Parcel subject to the
Assessment, the owner shall prepay all future unpaid annual Assessments for such Tax
Temp. Reso. #8649
Revision # 1, July 6, 1999
Page 38 of 42
Parcel if the City. at its sole option, elects to accelerate the Assessment. The amount
required to prepay the future unpaid annual Assessments will be equal to the Adjusted
Prepayment Amount for such Tax Parcel. The amount of all prepayments made pursuant
to this Section 5.07 shall be final. The City shall not be required to refund any portion of
a prepayment if (1) the Capital Cost of the Hiatus Water Facilities and Hiatus Wastewater
Facilities is less than the amount upon which such Adjusted Prepayment Amount was
computed. or (2) annual Assessments will not be imposed for the full number of years
anticipated at the time of such prepayment.
SECTION 5.08. BROWARD COUNTY EXPRESSWAY AUTHORITY.
(A) In addition to the Obligation, the City will make an internal loan made to fund
the Initial Prepayment Amount for Parcel No. 494107010170 (Broward County Expressway
Authority). The internal loan shall bear interest at the same rate as the Obligation (5.00
percent per annum. compounded annually).
(B) The principal of and interest on the internal loan described in Section 5.08(A)
hereof shall be assessed against Parcel No. 494107010170 (Broward County Expressway
Authority). Since the property is in public ownership and does not pay ad valorem taxes,
no annual Assessment will be charged; however, the Assessment (including principal and
interest accrued to the date of payment) must be paid in full prior to any connection to the
City's utility system.
SECTION 5.09. REALLOCATION UPON FUTURE SUBDIVISION.
Temp. Reso. #8649
Revision # 1, July 6, 1999
Page 39 of 42
(A) Upon subdivision of any Tax Parcel subject to the Assessment, and
compliance with the conditions set forth below, the Initial Prepayment Amount for such Tax
Parcel (or, if the Obligation has been incurred, the Adjusted Prepayment Amount for such
Tax Parcel) shall be reallocated among the subdivided parcels.
(B) In order to have the Initial Prepayment Amount for such Tax Parcel (or, if the
Obligation has been incurred, the Adjusted Prepayment Amount for such Tax Parcel)
reallocated in connection with any subdivision of a Tax Parcel, the owner shall be required
to apply to the City and comply with each of the following conditions:
(1) a recorded plat, approved site plan or comparable document must be
provided to the City sufficient in detail to describe adequately the location of the Tax
Parcel and the individual parcels in the proposed subdivision;
(2) the Property Appraiser must have assigned distinct ad valorem
property tax identification numbers to each individual subdivided parcel or
committed in writing to assign such numbers prior to the next ensuing August 1 or
any later date approved by the City that will not prevent timely certification of the
Assessment Roll in accordance with the Uniform Assessment Collection Act;
(3) at the expense of the property owner, an appraisal must be provided
by a City -approved "certified general appraiser," as defined in Section 475.611(g),
Florida Statutes, which indicates the fair market value of the Tax Parcel prior to the
subdivision and the fair market value of each individual subdivided parcel; in
determining the fair market value of the individual subdivided parcels. the appraiser
Temp. Reso. #8649.
Revision # 1, July 6, 1999
Page 40 of 42
may take into consideration any infrastructure improvements that are then unaer
construction if funds sufficient for their completion are secured to the satisfaction of
the City Attorney of the City of Tamarac, Florida;
(4) a proposed reallocation of the Initial Prepayment Amount (or, if the
Obligation has been incurred. the Adjusted Prepayment Amount) to each individual
parcel must be provided to the City; provided however, that no portion of the Initial
Prepayment Amount (or, if the Obligation has been incurred. the Adjusted
Prepayment Amount) may be reallocated to property proposed for dedication to the
public or to common use of the subdivided parcels;
(5) the fair market value of each separate parcel after the subdivision
must be at least three times the amount required to prepay all special assessments
imposed by the City against the Tax Parcel; and
(6) the property owner may be required to pay an assessment
reallocation fee to the City for each individual parcel resulting from the subdivision.
in an amount to be established by resolution of the Commission.
(C) If the owner of any Tax Parcel subject to the Assessment subdivides such
Tax Parcel and fails to comply with the foregoing conditions, the City shall reallocate the
Initial Prepayment Amount (or, if the Obligation has been incurred. the Adjusted
Prepayment Amount) among the subdivided parcels, based upon the land value, without
improvements, assessed to each subdivided parcel by the Property Appraiser. At its sole
option, the City may obtain an appraisal of the subdivided parcels at any time and
Temp. Reso. #8649
Revision # 1, July 6, 1999
Page 41 of 42
reallocate the Initial Prepayment Amount (or, if the Obligation has been incurred, the
Adjusted Prepayment Amount) based upon the land value, without improvements, reflected
in the appraisal. If an appraisal is obtained, the cost of the appraisal will be allocated
among the subdivided parcels on the basis of the value reflected therein and added to the
Annual Debt Service Component of the Assessment for each subdivided parcel in the
Fiscal Year following receipt of the appraisal. It is hereby found and determined that the
foregoing method of reallocating the Initial Prepayment Amount (or, if the Obligation has
been incurred. the Adjusted Prepayment Amount) among subdivided parcels is fair and
reasonable, taking into consideration the opportunity for reallocation available to the owner
and the requirement to provide adequate security for the Obligation.
ARTICLE VI
GENERAL PROVISIONS
SECTION 6.01: METHOD OF COLLECTION. In the first year the
Assessment is imposed, the Assessments shall be collected pursuant to the alternative
method of collection described in Section 6-75 (b) of the Ordinance. Thereafter, the
Assessments shall be collected pursuant to the Uniform Assessment Collection Act. As
provided in Section 6-74 (b) of the Ordinance, the amount of an Assessment to be
collected pursuant to the Uniform Assessment Collection Act in the second year shall
include any Delinquency Amount.
Temp. Reso. #8649
Revision # 1, July 6, 1999
Page 42 of 42
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: 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 of application. it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 5: This Resolution shall take effect immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this day of July, 1999.
ATTEST:
Joe Schreiber
Mayor
Carol Gold, CMS/AAE
City Clerk
I HEREBY CERTIFY that I
e pproved this
R s utio n fWror
% 4 Mitchell,' aft/
City Attorn
RECORD OF CC
MAYOR
SCHRE
DIST 1:
COMM.
DIST 2:
VIM Mit
DIST 3:
Co
DIST 4:
Co
Temp. Reso. # 8649
To Be Published Appendix A
[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 9:00 A.M., or as 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 9541724-1200 at least 3 days prior to the hearing. All 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 a person wishes to appeal any decision
made by the City Commission with respect to any matter considered at the hearing,
such person 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
the be made.
"EXHIBIT C"
Temp. Reso. #8717, August 25, 1999
CITY OF TAMARAC. FLORIDA
RESOLUTION NO. 99- � SI
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.
Temp. Reso. #3717, 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
484107010012I
$
72,208.17
$
17,907.32
494107010013'
$
24,403.70
$
6,052.01
494107010014I
$
13.047.11
S
4,475,61
4941070100151
$
7,753.46
$
1,922.83
4941070100221
$
1,920.35
$
476.24
494107010040
$
32,854.89
$
8,147.87
4941070100501
$
37,290.75
$
9,247.95
494107010161
$
22,537.74
$
5,589.26
494107010170 i
$
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 Assessmen: 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:
CAROL GOL CMC/AAE
CITY C, RCI
I HEREBY CERTIFY that I
have approved this
RSOLUTION as to form.
MITCHELL S.
CITY ATTO
� JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR
SCHREIBER
DIST 1:
COMM. PORTNER
DIST 2:
VIM MISHKIN
DIST 3:
COMM. sULTANOF
DIST 4:.
COMM. ROBERTs
Temp. Reso. rt8717
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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
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
r
MCNA6 ROAD
BROWARO COUP TY
10 RE INAV AUTI4
I
YRIb RORIDA I pwaPeRn[lI ASH �
p.rn
N
4
$WTWAIT PROPERTY ACQUISITION
I
FRANCIS I
REALTY uMURRR
CORR
I I,� ^f
JAC06S0,%I
ISUMRS ,
.-� _ _I
\ I SANWO CORPORATION
CAPLW
Lym
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 right 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
bs 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 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.
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.,
1999.
acknowledgment
My commission expires:
Signature of person taking
Name of acknowledger (printed)
MH
Temp. Reso. i�8717
Appendix D
Parcel Number Property
Owner
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
Jervis Florida Properties, Inc.
494107010050
Catherine Pisciotti S Marianne Winfieli
494107090010
Southeast Property Acquisition
494107010170
Broward County Expressway Authorib
494107010015
Joseph Allan Caplan
494107010014
Jinda Lwin
Total
u
Water Wastewater Total
Assessment Assessment Assessment
Prepavment Prepayment Prer)avment
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
$24,403.701'
$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
5103,510.03
$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
Please make checks for prepayment amounts payable to CITY OF TAMARAC.
Prepayment may be made by mail to the Finance Department, City Hall, 7525"
Northwest 88th Avenue, Tamarac, Florida, or in person at the office of the Finance
Department of Tamarac, Florida, located at the Tamarac City Hall, 7525 Northwest 88th
Avenue. Please be sure to either write the assessment 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
"EXHIBIT D"
Temp. Reso. 8837, November 15, 1999 1
Revision #1. November 17. 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, RELATING TO THE NORTH
SECTION 7 ASSESSMENT AREA; AMENDING THE INITIAL
ASSESSMENT RESOLUTION; AMENDING THE FINAL
ASSESSMENT RESOLUTION; AMENDING THE
ASSESSMENT ROLL; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac, Florida, adopted
Resolution No. R-99-251 on September 22, 1999 (the "Final Assessment Resolution"),
which created the North Section 7 Assessment Area, amended and confirmed Resolution
No. R-99-189, adopted by the City Commission on July 14, 1999 ("the Initial Assessment
Resolution"), established the maximum amount of the annual Assessment for each Tax
Parcel (as such terms are defined in the Initial Assessment Resolution); imposed
Assessments against property within the North Section 7 Assessment Area, approved the
Assessment Roll, and provided for the collection of the Assessments; and
WHEREAS, one of the Tax Parcels within the Assessment Area, Tax Parcel
494107060010, was divided by Section 4.02 (G) of the Initial Assessment Resolution into
two areas — one "Area A" being specially benefited by the Hiatus Wastewater Facilities and
one "Area B" not being specially benefited by the Hiatus Wastewater Facilities due to the
immediate proximity of an existing wastewater pump station on the eastern property line
of the Tax Parcel; and
Temp. Reso. 8837, November 15, 1999 2
Revision #1, November 17, 1999
WHEREAS, it has been determined by the City staff that the City wastewater pump
station located in immediate proximity to the eastern property line of Tax Parcel
494107060010 has sufficient capacity and depth to provide wastewater service to both
areas of the parcel, which creates a unique situation applicable to Tax Parcel
494107060010 only; and
WHEREAS, since all of Tax Parcel 494107060010 can be provided wastewater
service through the existing wastewater pump station, it is not specially benefited by the
construction of the Hiatus Wastewater Facilities; and
WHEREAS, the Initial Assessment Resolution, the Final Assessment Resolution
and the Assessment Roll for the North Section 7 Assessment Area should be amended to
classify "Area A" of Tax Parcel 494107060010 as "Wastewater Excluded Property", as
defined in the Initial Assessment Resolution; and
WHEREAS, the Director of Utilities recommends that the City Commission amend
the Initial Assessment Resolution, the Final Assessment Resolution and the Assessment
Roll for the North Section 7 Assessment by reclassifying "Area A" of Tax Parcel
494107060010 as "Wastewater Excluded Property."
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 amend the Initial
Assessment Resolution, the Final Assessment Resolution and the Assessment Roll for the
North Section 7 Assessment Area in a manner that does not increase the Wastewater
Temp. Reso. 8837, November 15, 1999 3
Revision #1, November 17, 1999
Assessment imposed against other property located within the North Section 7
Assessment Area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
SECTION 1. The forgoing "WHEREAS " clauses are hereby, ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution.
SECTION 2. This Resolution is adopted pursuant to the City's Capital Project
Assessment Ordinance (Ord. No. 0-99-12), Chapter 166, Florida Statutes, and other
applicable provisions of law.
SECTION 3. The Initial Assessment Resolution, the Assessment Roll and
the Final Assessment Resolution for the North Section 7 Assessment Area are hereby
amended by A) classifying Area A" of Tax Parcel 494107060010 as Wastewater Facilities
Excluded Property, thus reducing its Initial Prepayment Amount (as defined in the Initial
Assessment Resolution) from $8,047.53 to $3,647.70 as shown in Exhibit 1 and B)
establishing an Initial Payment Amount of $4,759.83 that is not assigned to any Tax Parcel
but is used in the computation of annual Assessments for Tax Parcels located within the
North Section 7 Assessment Area.
SECTION 4. The Assessment Roll appended to the Final Assessment
Resolution for the North Section 7 Assessment Area is hereby amended to reduce the
maximum annual Assessment for Tax Parcel 494107060010 from $2,085.00 to $904.00
as shown in Exhibit 1.
Temp. Reso, 8837, November 15, 1999 4
Revision #1, November 17, 1999
SECTION 5. The Assessments for all other Tax Parcels within the
North Section 7 Assessment Area are hereby ratified and confirmed by 'Lhis
resolution and the City shall forego any additional reimbursement due to them as
a result of the changes made by this resolution.
SECTION 6. All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7. 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 8. This Resolution shall take effect immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 2 th day of November, 1999.
JOE SCHREIBER
MAYOR
ATTES
L�
CAROL GOID, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RE L TION as to -for
ITCH L S. R
CITY ATTORNEY
Utilities: MW:aml
RECORD OF COMMISSIO OTE
MAYOR
SCHREIBER
DIST 1:
COMM. PORTNER
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS /
AmLNULL) ASSESS
Parcel Number Property
Owner
494107020010
JBC Investments, Inc.
494107080010
Tamarac Business Center, Inc.
494107080020
Sam and Nathan Butters
494107030021
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 Winfield
494107090010
Southeast Property Acquisition
494107010170
Broward County Expressway Authority
494107010015
Joseph Allan Caplan
494107010014
Jinda Lwin
Total
MENT ROLL
Exhibit 1
Temp
Reso. 8837
Water
Wastewater
Total
Assessment
Assessment
Assessment
Prepayment
Prepayment
Prepayment
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
$0.00
$3,647.70
$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
$303,998.17
$579,304.17
Page 1 of 2
AMENDED ASSESSMENT ROLL
Parcel Number Property
Owner
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 $t
494107010012
Sani Pip, Inc.
484107010013
Archbishop Coleman F. Carroll
494107010040
Simon and Ruth Ash
494107050010
Jerris Florida Properties, Inc.
494107010050
Catherine Pisciotti &
Marianne Winfield
494107090010 Southeast Property Acquisition
494107010170 Broward County Expressway
Authority
494107010015 Joseph Allan Caplan
494107010014 Jinda Lwin
Total
Annual Annual Total
Water Wastewater Annual
Assessment Assessment Assessme
0
0
0
0
0
0
0
0
0
0
.0
0
0
0
0
$3,003
$2,586
$5,589
$904
$0
$904
$2,383
$1,543
$32926
$476
$0
$476
$384
$498
$882
$8,917
$8,990
$17,907
$1,677
$4,375
$6,052
$4,378
$3,770
$8,1481I
$1,428
$3,727
$51155
$4,969
$4,279
$9,248
$29,807 $25,670 $55,477
$6,510 $16,990 $23,501
$1,033
$890
$1,923
$2,405
$2,071
$4,476
$68,274
$75,389
$143,664
Page 2 of 2
Exhibit E
ASSESSMENT REPORT DETAIL
FiscalYear
ProjectName
PID
CwnerName
AnnualAssesment
00-01
Tamarac Utilities
484107010612
Sani Pip, Inc.
$17,876.73
00-01
Tamarac Utilities
494107010013
Archbishop Coleman F.
$6,041.67
Op-01
Tamarac Utilltfas
494107010014
Jinda Lwin
$4,467.96
00-01
Tamarac Utilities
4941 C7010015
Joesph Allan Caplan
$1,919.55
00-01
Tamarac Utilities
494107010022
Weisz
$951.66
00-01
Tamarac Utilities
494107110010
Montero, Manuel & Tibisay
$16,281.83
00-01
Tamarac Utilities
494107010060
Catherine Piscoiatti &
$9,232.15
00-01
Tamarac Utilities
494107010181
Francis Realty Corp
$6,579.72
00.01
Tamarac Utilities
494107016170
Broward County Express
$23,460.40
00-01
Tamarac Utilities
494107050010
Jerrie Florida Properties
$8,146.68
00-01
Tamarac Utilities
494107080020
Sam & Nathan Butters
$1,762.91
00-01
Tamarac Utilities
494107090010
Southeast Property
355,381.82
00-01
ITarnarac Utilities
4941EiTYPARC
I City of Tamarac
$1,178.40
North Section 7 Assessment Roll
Temp. Reso. # 8649,
Appendix A
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 , 1999. Copies of the Initial Assessment Resolution,
the plans and specifications for the water distribution and wastewater collection
facilities, and the preliminary Assessment Roll are available 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 annual assessments, the first
of which will be included on the ad valorem tax bill to be mailed in November 1999.
Future annual assessments may be prepaid at the option of the property owner.
If you have any questions. please contact the City Manager's office at 954/724-
1230, Monday through Friday between 9:00 a.m. and 5.00 p.m.
CITY OF TAMARAC, FLORIDA
7525 Northwest 88th Avenue
Tamarac, Florida 33321
, 1999
[Property Owner Name]
[Street Address]
[City, State and zip]
Re: Tax Parcel Number (Insert Number]
North Section 7 Assessment Area
Dear Property Owner:
Temp. Reso. # 8649
Appendix 6
As you should be aware, the City of Tamarac is planning to create an assessment
area to provide and/or improve water and wastewater service to your property. Water
distribution and wastewater collection facilities will be constructed along Hiatus Road to
provide this service. The cost cf these facilities will be funded by assessments against the
property to be served.
The City Commission will hold a public hearing at 9:00 A.M., or as soon thereafter
as the matter can be heard, on August 25, 1999, in the City Commission Chambers of City
Hall located at 7525 Northwest 88th Avenue, Tamarac, Florida, for the purpose of receiving
comments on the proposed assessments, including collection on the ad valorem tax bill.
You are invited to attend and participate in the public hearing or to file written objections
with the City Commission prior to or during the hearing. 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, if you need a special
accommodation or an interpreter to participate in this proceeding, please contact the City
Clerk's office at 954/724-1200 at least 3 days prior to the hearing.
The Assessment will be based on the geographic area of the property and the level
of benefit derived from the water and wastewater facilities. To reflect the different levels
of benefit each parcel of property will receive, a "Factored Water Service Area" and a
"Factored Wastewater Service Area" will be calculated for each parcel. in order to
calculate the factored service areas, each parcel of property will be categorized separately
Temp. Reso. # 8649 .
Appendix B
for water and wastewater facility purposes. The water facility categories consist of
"Excluded Property," "Directiy Served Property" and "Other Benefited Property." The
wastewater facility categories consist of "Excluded Property" and "Directly Served
Property." These categories provide an equitable method of apportioning the construction
costs among the properties that receive the most benefit from the construction of additional
water and wastewater facilities.
The Excluded Property classification will include developed property, property that
cannot be developed, property that is reasonably expected to be served by"other water or
wastewater facilities and City property acquired for road right-of-way, utility easements or
open space. The Directly Served Property classification will include property that the City
reasonably expects to be served directly from the applicable water or wastewater facilities.
The Other Benefited Property classification applies only to water facilities and reflects the
improved level of water service (greater reliability, improved water pressure, increased
volume, better water quality and a reduction of the likelihood of service interruption ) to be
provided by the Hiatus Road facilities.
To reflect the different levels of benefit the different property classifications will
receive from the water and wastewater facilities, the following factors will be applied
against the size of the property to calculate the Factored Water Service Area and the
Factored Wastewater Service Area: zero percent for Excluded Property, 100 percent for
Directly Served Property and 33 percent for Other Benefited Property.
A more specific description of the assessment program is set forth in the Initial
Assessment Resolution adopted by the City Commission on y�. 1999. Copies of
the Initial Assessment Resciution, the plans and specifications for the water distribution
and collection facilities, and the preliminary Assessment Roll are available for your review
at the City Clerk's office located at 7525 Northwest 88th Avenue, Tamarac, Florida.
Information regarding the assessment for your specific property, including its classification,
is attached to this letter.
The City intends to nmke an internal loan to finance this assessment project. This
will permit the cost attributable to your property to be amortized over a period of
years. However, you may choose to prepay your assessment in full at any time.
The annual assessment will include your share of the principal, interest, collection
cost, and the amount the City discounts receipts for its annual budget. The City intends
to include annual assessments on your ad valorem tax bill. Failure to pay your
assessments will cause a tax certificate to be issued against the property which may result
in a loss of title.
Temp. Reso. # 8649.
Appendix B
Questions regarding your assessment and the process for collection may be
directed to Michael Woika in the City's Utility Department at
CITY CLERK OF TAMARAC, FLORIDA
Temp. Reso. # 8649
Appendix B.
SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * *
NORTH SECTION 7 ASSESSMENT AREA
Parcel Information:
[Property Owner Name]
Tax Parcel Number [insert Number]
Total Parcel Area (sq. feet): [Insert Number]
Water Facilities Assessment:
Water Facilities Classification (Insert Classification]
Water Facilities Impact Factor [Insert Factor]
Factored Water Service Area [Insert Number]
Water Facilities Assessment [Insert Amount]
Wastewater Facilities Assessment:
Wastewater Facilities Classification [insert Classification]
Wastewater Facilities Impact Factor [Insert Factor]
Factored Wastewater Service Area [Insert Number]
Wastewater Facilities Assessment [Insert Amount]
Total Assessment:
Initial prepayment amount:
[Insert Amount]
Number of annual payments:
_
Maximum annual payment:
[Insert Amount]
Expected date of first bill:
November 1999
Total amount of annual payments:
[Insert Amount]
Expected date of last bill:
November
* * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * *
CITY OF TAMARAC, FLORIDA
7525 Northwest 88th Avenue
Tamarac, Florida 33321
, 1999
[Property Owner Name]
[Street Address]
[City, State and zip]
Re: Tax Parcel Number [Insert Number]
North Section 7 Assessment Area
Dear Property Owner:
Temp. Reso. #8649
Appendix C
As you should be aware, the City of Tamarac is planning to create an
assessment area to provide and/or improve water and wastewater service to your
property. Water distribution and wastewater collection facilities will be constructed
along Hiatus Road to provide this service. The cost of these facilities will be funded by
assessments against the property to be served.
The City Commission will hold a public hearing at 9:00 A.M., or as soon
thereafter as the matter can be heard, on August 25, 1999, in the City Commission
Chambers of City Hall located at 7525 Northwest 88th Avenue, Tamarac, Florida, for
the purpose of receiving comments on the proposed assessments, including collection
on the ad valorem tax bill. You are invited to attend and participate in the public hearing
or to file written objections with the City Commission prior to or during the hearing. 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, if you need a special accommodation or an interpreter to participate in
this proceeding, please contact the City Clerk's office at 954/724-1200 at least 3 days
prior to the hearing.
The Assessment will be based on the geographic area of the property and the
level of benefit derived from the water and wastewater facilities. To reflect the different
levels of benefit each parcel of property will receive, a Factored Water Service Area"
and a "Factored Wastewater Service Area" will be calculated for each parcel. In order
to calculate the factored service areas, each parcel of property will be categorized
separately for water and wastewater facility purposes. [Insert subarea description for
each specific parcel.] The areas assigned for purposes of the water facilities and
wastewater facilities are shown on the attached maps.
The water facility categories consist of "Excluded Property," "Directly Served Property"
and "Other Benefited Propertv." The wastewater facility categories consist of "Excluded
Temp. Reso. #8649
Appendix C.
Property" and "Directly Served Property." These categories provide an equitable
method of apportioning construction costs among the properties that receive the
most benefit from the construction of additional water and wastewater facilities.
The Excluded Property classification will include developed property, property
that cannot be developed. property that is reasonably expected to be served by other
water or wastewater facilities and City property acquired for road right-of-way, utility
easements or open space. The Directly Served Property classification will include
property that the City reasonably expects to be served directly from the applicable water
or wastewater facilities. The Other Benefited Property classification ,applies only to
water facilities and reflects the improved level of water service (greater reliability,
improved water pressure, increased volume, better water quality and a reduction of the
likelihood of service interruption ) to be provided by the Hiatus Road facilities.
To reflect the different levels of benefit the different property classifications will
receive from the water and wastewater facilities, the following factors will be applied
against the size of the property to calculate the Factored Water Service Area and the
Factored Wastewater Service Area: zero percent for Excluded Property, 100 percent for
Directly Served Property and 33 percent for Other Benefited Property.
A more specific description of the assessment program is set forth in the Initial
Assessment Resolution adopted by the City Commission on , 1999. Copies
of the Initial Assessment Resolution, the plans and specifications for the water
distribution and collection facilities, and the preliminary Assessment Roll are available
for your review at the City Clerk's office located at 7525 Northwest 88th Avenue,
Tamarac, Florida. Information regarding the assessment for your specific property,
including its classification. is attached to this letter.
The City intends to make an internal loan to finance this assessment project.
This will permit the cost a"ributable to your property to be amortized over a period of
years. However, you may choose to prepay your assessment in full at any time.
The annual assessment will include your share of the principal, interest,
collection cost, and the amount the City discounts receipts for its annual budget. The
City intends to include annual assessments on your ad valorem tax bill. Failure to pay
your assessments will cause a tax certificate to be issued against the property which
may result in a loss of title.
Questions regarding your assessment and the process for collection may be
directed to Michael Woika in the City's Utility Department at
CITY CLERK OF TAMARAC, FLORIDA
Temp. Reso. #8649
* * * * * SEND NO HONEY NOW. THIS IS NOT AN INVOICE * * * 14ppendix C
NORTH SECTION 7 ASSESSMENT AREA
[to be individualized for each specific parcel]
Parcel Information:
[Property Owner Name]
Tax Parcel Number [Insert Number]
PARCEL PARCEL PARCEL
TOTAL
A
A
-C
Parcel Area (sq. feet)
[insert]
[Insert]
[Insert]
(insert]
Water Facilities Assessment:
Water Facilities Classification
[Insert]
[Insert]
[Insert]
Water Facilities Impact Factor
[Insert]
[Insert]
[Insert]
Factored Water Service Area
[Insert]
[Insert]
[Insert]
[Insert]
Water Facilities Assessment
[Insert]
Wastewater Facilities Assessment:
Wastewater Facilities Classification (Imert] [Insert] [Insert]
Wastewater Facilities Impact Factor [Insert] [Insert] [insert]
Factored Wastewater Service Area [Insert] [Insert] [Insert] assert)
Wastewater Facilities Assessment [Insert]
Total Assessment:
Initial prepayment amount (excludes financing cost): [Insert Amount]
Adjusted prepayment amount (includes financing cost): [Insert Amount]
Number of annual payments: _
Maximum annual payment: [Insert Amount]
Expected date of fim bill: November 1999
Total amount of annual payments: [Insert Amount]
Expected date of last bill: November
* * * * ' * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * *
CITY OF TAMARAC, FLORIDA
7525 Northwest 88th Avenue
Tamarac, Florida 33321
W..
[Property Owner Name]
[Street Address]
[City, State and zip]
Re: Tax Parcel Number [Insert Number]
North Section 7 Assessment Area
Dear Property Owner:
Temp. Reso #8649
Appendix D
As you should be aware, the City of Tamarac is planning to create an
assessment area to provide and/or improve water and wastewater service to your
property. Water distribution and wastewater collection facilities will be constructed
along Hiatus Road to provide this service. The cost of these facilities will be funded by
assessments against the property to be served.
The City Commission will hold a public hearing at 9:00 A.M., or as soon
thereafter as the matter can be heard, on August 25, 1999, in the City Commission
Chambers of City Hall located at 7525 Northwest 88th Avenue, Tamarac, Florida, for
the purpose of receiving comments on the proposed assessments, including collection
on the ad valorem tax bill. You are invited to attend and participate in the public hearing
or to file written objections with the City Commission prior to or during the hearing. 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, if you need a special accommodation or an interpreter to participate in
this proceeding, please contact the City Clerk's office at 9541724-1200 at least 3 days
prior to the hearing.
The Assessment will be based on the geographic area of the property and the
level of benefit derived from the water and wastewater facilities. To reflect the different
levels of benefit each parcel of property will receive, a "Factored Water Service Area"
and a "Factored Wastewater Service Area" will be calculated for each parcel. In order
to calculate the factored service areas, each parcel of property will be categorized
separately for water and wastewater facility purposes. The water facility categories
consist of "Excluded Property," "Directly Served Property" and "Other Benefited
Property." The wastewater facility categories consist of "Excluded Property" and
"Directly Served Property." These categories provide an equitable method of
apportioning the construction costs among the properties that receive the most benefit
from the construction of additional water and wastewater facilities.
Temp. Reso #8649
Appendix D
The Excluded Property classification will include developed property, property
that cannot be developed. property that is reasonably expected to be served by other
water or wastewater facilities and City property acquired for road right-of-way, utility
easements or open space. The Directly Served Property classification will include
property that the City reasonably expects to be served directly from the applicable water
or wastewater facilities. The Other Benefited Property classification applies only to
water facilities and reflects the improved level of water service (greater reliability,
improved water pressure, increased volume, better water quality and a reduction of the
likelihood of service interruption ) to be provided by the Hiatus Road facilities.
To reflect the different levels of benefit the different property classifications will
receive from the water and wastewater facilities, the following factors will be applied
against the size of the property to calculate the Factored Water Service Area and the
Factored Wastewater Service Area: zero percent for Excluded Property, 100 percent for
Directly Served Property and 33 percent for Other Benefited Property.
A more specific description of the assessment program is set forth in the Initial
Assessment Resolution adopted by the City Commission on , 1999. Copies
of the Initial Assessment Resolution, the plans and specifications for the water
distribution and collection facilities, and the preliminary Assessment Roll are available
for your review at the City Clerk's office located at 7525 Northwest 88th Avenue,
Tamarac, Florida. Information regarding the assessment for your specific property,
including its classification, is attached to this letter.
The City intends to make an internal loan to finance your property's share of the
cost, which will bear interest at the rate of 5.00 percent per annum, compounded
annually. The Assessment (including principal of the internal loan and interest accrued
to the date of payment) must be paid in full prior to any connection to the City's utility
system.
Questions regarding your assessment and the process for collection may be
directed to Michael Woika in the City's Utility Department at
CITY CLERK OF TAMARAC, FLORIDA
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Temp. Reso. #864
* * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * *Appendix i
NORTH SECTION 7 ASSESSMENT AREA
Parcel Information:
[Property Owner Name]
Tax Parcel Number [Insert Number]
Total Parcel Area (sq. feet): [Insert Number]
Water „Facilities Assessment:
Water Facilities Class if cation
Water Facilities Impact Factor
Factored Water Service Area
Water Facilities Assessment
Wastewater_ Facilities Assessment:
Wastewater Facilities Classification
Wastewater Facilities Impact Factor
Factored Wastewater Service Area
Wastewater Facilities Assessment
Total Assessment:
Initial prepayment amount:
Number of annual payments:
Maximum annual payment:
Expected date of first bill:
Total amount of annual payments:
Expected date of last bill:
[Insert CIassification]
[Insert Factor]
[Insert Number]
[Insert Amount]
[Insert Classification]
[Insert Factor]
[Insert Number]
[Insert Amount]
[Insert Amount]
[Insert Amount]
November 1999
[Insert Amount]
November
* * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * *
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1
CERTIFICATE
TO
NON -AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Mayor, 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 North Land Section 7 (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 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 via Federal Express 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
Services and made part of the above described Non -Ad Valorem Assessment Roll this
the /5' day of September, 2000.
THE CITY OFT MARAC, FLORIDA
By: _ Oe��
yor