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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-175TEMP. RESO. #7898 June 19, 1997 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-W7 175 A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF TAMARAC, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in June of 1996, the City of Tamarac implemented a recurring annual fire rescue special assessment program to provide a portion of the funding for the City's fire rescue services and facilities with the adoption of Ordinance No. 0-96-8 and imposed fire rescue assessments for Fiscal Year 1997 with the adoption of Resolution Nos. R-96-160 and R-96-175; and WHEREAS, pursuant to Ordinance No. 0-96-8, the reimposition of fire rescue assessments for Fiscal Year 1998 requires certain processes such as the preparation of the Assessment Roll; and WHEREAS, annually a Preliminary Rate Resolution describing the method of assessing fire rescue costs against assessed property located within the City, directing the preparation of an assessment roll, authorizing a public hearing and directing the provision of notice thereof is required by Ordinance No. 0-96-8 for the reimposition of the fire rescue assessments; and WHEREAS, the City Manager, City Attorney and Director of Finance recommend acceptance of this Preliminary Rate Resolution for adoption by the City Commission; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to adopt this Preliminary Rate Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: TEMP. RESO. #7898 June 19, 1997 SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the provisions of the Fire Rescue Assessment Ordinance (Ordinance No. 0-96-8), the Initial Assessment Resolution (Resolution No. R-96-160), the Final Assessment Resolution (Resolution No. R-96-175), sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This Resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the Assessment Roll and directs the reimposition of Fire Rescue Assessments for the Fiscal Year beginning October 1, 1997. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES. (A) Upon the imposition of Fire Rescue Assessments for fire rescue services, facilities, or programs against Assessed Property located within the City, the City shall provide fire rescue services to such Assessed Property. A portion of the cost to provide such fire rescue services, facilities, or programs shall be funded from proceeds of the Fire Rescue Assessments. The remaining cost required to provide fire rescue services, facilities, and programs shall be funded by available City revenues other than Fire Rescue Assessment proceeds. (B) It is hereby ascertained, determined, and declared that each parcel of Assessed Property located within the City will be benefited by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment imposed against such parcel, computed in the manner set forth in this Preliminary Rate Resolution. SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels within the Property Use Categories. Fire Rescue Assessments shall be computed in the manner set forth in this Preliminary Rate Resolution. SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. The legislative determinations of special benefit and fair apportionment embodied in the Initial Assessment Resolution and Final Assessment Resolution are affirmed and incorporated herein by reference. TEMP. RESO. #7898 June 19, 1997 SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT METHODOLOGIES. The Cost Apportionment and Parcel Apportionment as explained and calculated in the Initial Assessment Resolution and Final Assessment Resolution and in the applicable explanatory appendices incorporated therein are affirmed and incorporated herein by reference. SECTION 7. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES. (A) The Fire Rescue Assessed Costs to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the Fiscal Year commencing October 1, 1997, is the amount determined in the Estimated Fire Rescue Assessment Rate Schedule, attached hereto as Appendix A. The approval of the Estimated Fire Rescue Assessment Rate Schedule by the adoption of this Preliminary Rate Resolution determines the amount of the Fire Rescue Assessed Costs. The remainder of such Fiscal Year budget for fire rescue services, facilities, and programs shall be funded from available City revenue other than Fire Rescue Assessment proceeds. (B) The estimated Fire Rescue Assessments specified in the Estimated Fire Rescue Assessment Rate Schedule are hereby established to fund the specified Fire Rescue Assessed Costs determined to be assessed in the Fiscal Year commencing October 1, 1997. No portion of such Fire Rescue Assessed Costs are attributable to capital improvements that are funded by impact fee proceeds. (C) The estimated Fire Rescue Assessments established in this Preliminary Rate Resolution shall be the estimated assessment rates applied by the City Manager in the preparation of the updated Assessment Roll for the Fiscal Year commencing October 1, 1997 as provided in Section 8 of this Preliminary Rate Resolution. SECTION 8. ANNUAL ASSESSMENT ROLL. (A) The City Manager is hereby directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing October 1, 1997, in the manner provided in the Ordinance. The updated Assessment Roll shall include all Tax Parcels within the Property Use Categories. The City Manager shall apportion the estimated Fire Rescue Assessed Cost to be recovered through Fire Rescue Assessments in the manner set forth in this Preliminary Rate Resolution. A copy of this Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, documentation related to the estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition of Fire Rescue Assessments, and the updated Assessment Roll shall be maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the updated Assessment Roll proposed for the Fiscal Year beginning October 1, 1997 be in printed form if the amount of the Fire Rescue Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. TEMP. RESO. #7898 June 19, 1997 (B) It is hereby ascertained, determined, and declared that the method of determining the Fire Rescue Assessments for fire rescue services as set forth in the Initial Assessment Resolution, the Final Assessment Resolution and this Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property located within the City. SECTION 9. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 9:30 a.m. on July 23, 1997, in City Commission Chambers of City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida, at which time the City Commission will receive and consider any comments on the Fire Rescue Assessments from the public and affected property owners and consider imposing Fire Rescue Assessments for the Fiscal Year beginning October 1, 1997 and collecting such assessments on the same bill as ad valorem taxes. SECTION 10. NOTICE BY PUBLICATION. The City Manager shall publish a notice of the public hearing authorized by Section 9 of this Preliminary Rate Resolution in the manner and time provided in Section 2.04 of the Ordinance. The notice shall be published no later than July 2, 1997, in substantially the form attached hereto as Appendix B. SECTION 11. NOTICE BY MAIL, The City Manager shall also provide notice by first class mail to the Owner of each parcel of Assessed Property, as required by Section 2.05 of the Ordinance, in substantially the form attached hereto as Appendix C. Such notices shall be mailed no later than July 2, 1997. SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the City from the Fire Rescue Assessments will be utilized for the provision of fire rescue services, facilities, and programs. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund fire rescue services, facilities, and programs. SECTION 13. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. LJ 1 E 1 TEMP. RESO. #7898 June 19, 1997 PASSED, ADOPTED AND APPROVED THIS 25th day of June, 1997. ATTEST: CA OL A. EV NS,CMC, CITY CLERK I HEREBY CERTIFY that I have app�ayed.this RESOLUTION as to MITCHELL S. KRAFT CITY ATTORNEY MOW OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. MGKAYE ylly- DIST 2: V/M MISHKIN Ylf- DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS YZ- a TEMP. RESO. #7898 June 19, 1997 /.1,»►107/:I_1 ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE SECTION A-1. DETERMINATION OF FIRE RESCUE ASSESSED COSTS. The estimated Fire Rescue Assessed Costs to be assessed for the Fiscal Year commencing October 1, 1997, is $[TO COME]. SECTION A-2, ESTIMATED FIRE RESCUE ASSESSMENTS. The estimated Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 1997, are hereby established as follows for the purpose of this Preliminary Rate Resolution: [TO COME] 1 1 1 TEMP. RESO. #7898 June 19, 1997 0 2 , , - w r � FORM OF NOTICE TO BE PUBLISHED To Be Published by July 2, 1997 [INSERT MAP OF CITY] NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Tamarac will conduct a public hearing to consider reimposing fire rescue special assessments for the provision of fire rescue services within the City of Tamarac for the Fiscal Year beginning October 1, 1997. The hearing will be held at 9:30 a.m. on July 23, 1997, in the City Commission Chambers of City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida, for the purpose of receiving public comment on the proposed assessments. All 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 decides 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 to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at (954) 724-1200 at least 72 hours (3 days) prior to the date of the hearing. The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The following table reflects the proposed fire rescue assessment schedule. [TO COME] Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 0-96-8), the Initial Assessment Resolution (Resolution No. R-96-160), the Final Assessment Resolution (Resolution No. R-96-175), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, and the preliminary Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's Office, City Hall, located at 7525 Northwest 88th Avenue, Tamarac, Florida. TEMP. RESO. #7898 June 19, 1997 The assessments will be collected on the ad valorem tax bill to be mailed in November 1997, 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. If you have any questions, please contact the City Clerk's Office at (954) 724-1200, Monday through Friday between 9:00 a.m. and 5:00 p.m. CITY CLERK OF TAMARAC, FLORIDA 1 TEMP. RESO. #7898 June 19, 1997 APPENDIX C FORM OF NOTICE TO BE MAILED *****NOTICE TO PROPERTY OWNER***** City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321-2401 Owner Name Address Tax Parcel #: City, State Zip Legal Description: Sequence #: As required by section 197.3632, Florida Statutes, and the direction of the City Commission, notice is given by the City of Tamarac that an annual assessment for fire rescue services using the tax bill collection method, may be levied on your property for the fiscal year October 1, 1997 - September 30, 1998. The use of an annual special assessment to fund fire rescue services benefiting improved property located within the City of Tamarac in the past has proven to be fair, efficient and effective. The total annual fire rescue assessment revenue to be collected within the City of Tamarac is estimated to be $ . The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein. The above parcel is classified as . The total number of number of billing units on the above parcel is The annual fire rescue assessment for the above parcel is $ . A public hearing will be held at 9:30 a.m. on July 23, 1997, in the City Commission Chambers of City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida for the purpose of receiving public comment on the proposed assessments. You and all other affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at (954) 724-1200 at least 72 hours (3 days) prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 0-96-8), the Initial Assessment Resolution TEMP. RESO. #7898 June 19, 1997 (Resolution No. R-96-160), the Final Assessment Resolution (Resolution No. R-96-175), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, and the preliminary Assessment Roll for the upcoming Fiscal Year are available for inspection at the City Clerk's Office, City Hall, located at 7525 Northwest 88th Avenue, Tamarac, Florida. Both the fire rescue non -ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue assessment, please contact the City Clerk's Office at (954) 724-1200, Monday through Friday between 9:00 a.m. and 5:00 p.m. If you have a correction, please fill out the enclosed correction request card and return it to the City immediately. *****THIS IS NOTABILL***** 72B953F11 CEC-- 1 j CITY OF TAMARAC, FLORIDA 1 TEMP. RESO. #7898 June 19, 1997 PRELIMINARY RATE RESOLUTION ADOPTED JUNE 25, 1997 I 1 TABLE OF CONTENTS TEMP. RESO. #7898 June 19, 1997 Page SECTION 1. AUTHORITY .......................................... . SECTION 2. PURPOSE AND DEFINITIONS .......................... . SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES .... SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS .............................. . SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT ............................ SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT METHODOLOGIES .................... SECTION 7. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES ......................... SECTION 8. ANNUAL ASSESSMENT ROLL ........................... SECTION 9. AUTHORIZATION OF PUBLIC HEARING ................... SECTION 10. NOTICE BY PUBLICATION .............................. SECTION 11. NOTICE BY MAIL ..................................... . SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS .............. SECTION 13. EFFECTIVE DATE ..................................... 2 2 3 3 4 4 4 5 6 6 7 7 8 APPENDIX A: ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE ................................... A-1 APPENDIX B: FORM OF NOTICE TO BE PUBLISHED .................. B-1 APPENDIX C: FORM OF NOTICE TO BE MAILED ..................... C-1 1