HomeMy WebLinkAboutCity of Tamarac Resolution R-97-193TEMPORARY RESOLUTION NO. 7940
July 14, 1997
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- "7 -I9.3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, RELATING TO THE PROVISION
OF FIRE RESCUE SERVICES, FACILITIES AND
PROGRAMS IN THE CITY OF TAMARAC, FLORIDA;
REIMPOSING FIRE RESCUE ASSESSMENTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY OF
TAMARAC FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 1997; APPROVING THE RATE OF ASSESSMENT;
APPROVING THE ASSESSMENT ROLL; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of Tamarac, Florida, has enacted Ordinance
No. 0-96-8 (the "Ordinance"), which authorizes the imposition of Fire Rescue Assessments
for fire rescue services, facilities, and programs against Assessed Property located within
the City; and
WHEREAS, the reimposition of a Fire Rescue Assessment for fire rescue services,
facilities, and programs each fiscal year is an equitable and efficient method of allocating
and apportioning Fire Rescue Assessed Costs among parcels of Assessed Property; and
WHEREAS, the City Commission desires to reimpose a fire rescue assessment
program within the City using the tax bill collection method for the Fiscal Year beginning
on October 1, 1997; and
WHEREAS, the City Commission, on June 25, 1997, adopted Resolution
No. 97-175 (the "Preliminary Rate Resolution"), containing and referencing a brief and
general description of the fire rescue facilities and services to be provided to Assessed
Property; describing the method of apportioning the Fire Rescue Assessed Cost to
TEMPORARY RESOLUTION NO.7940
July 14, 1997
compute the Fire Rescue Assessment for fire rescue services, facilities, and programs
against Assessed Property; estimating a rate of assessment; and directing the updating
and preparation of the Assessment Roll and provision of the notice required by the
Ordinance; and
WHEREAS, in order to reimpose Fire Rescue Assessments for the Fiscal Year
beginning October 1, 1997, the Ordinance requires the City Commission to adopt an
Annual Rate Resolution, during its budget adoption process for each Fiscal Year, which
establishes the rate of assessment and approves the Assessment Roll for the upcoming
Fiscal Year, with such amendments as the City Commission deems appropriate, after
hearing comments and objections of all interested parties; and
WHEREAS, the updated Assessment Roll has heretofore been made available for
inspection by the public, as required by the Ordinance; and
WHEREAS, notice of a public hearing has been published and mailed, as required
by the terms of the Ordinance, which provides notice to all interested persons of an
opportunity to be heard; an affidavit regarding the form of notice mailed being attached
hereto as Appendix A and the proof of publication being attached hereto as Appendix B;
and
WHEREAS, a public hearing was held on July 23, 1997, and comments and
objections of all interested persons have been heard and considered as required by the
terms of the Ordinance.
2
TEMPORARY RESOLUTION NO. 7940
July 14, 1997
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance,
the Preliminary Rate Resolution, sections 166.021 and 166.041, Florida Statutes, and
other applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. This Resolution constitutes
the Annual Rate Resolution as defined in the Ordinance. All capitalized terms in this
Resolution shall have the meanings defined in such Ordinance No. 0-96-8, the Initial
Assessment Resolution (Resolution No. R-96-160), the Final Assessment Resolution
(Resolution No. R-96-175) and the Preliminary Rate Resolution.
SECTION 3. REIMPOSITION OF FIRE RESCUE ASSESSMENTS.
(A) The parcels of Assessed Property described in the Assessment Roll, as
updated, which is hereby approved, are hereby found to be specially benefited by the
provision of the fire rescue services, facilities, and programs described or referenced in the
Preliminary Rate Resolution, in the amount of the Fire Rescue Assessment set forth in the
updated Assessment Roll, a copy of which was present or available for inspection at the
above referenced public hearing and is incorporated herein by reference. It is hereby
ascertained, determined and declared that each parcel of Assessed Property within the
City will be specially benefited by the City's provision of fire rescue services, facilities, and
programs in an amount not less than the Fire Rescue Assessment for such parcel,
computed in the manner set forth in the Preliminary Rate Resolution. Adoption of this
Annual Rate Resolution constitutes a legislative determination that all parcels assessed
G3
1
REVISED 7/22/97
TEMPORARY RESOLUTION NO. 7940
July 14, 1997
derive a special benefit in a manner consistent with the legislative declarations,
determinations and findings as set forth in the Ordinance, the Initial Assessment
Resolution, the Final Assessment Resolution, and the Preliminary Rate Resolution from
the fire rescue services, facilities, or programs to be provided and a legislative
determination that the Fire Rescue Assessments are fairly and reasonably apportioned
among the properties that receive the special benefit as set forth in the Preliminary Rate
Resolution.
A The method for computing Fire Rescue Assessments described or referenced
in the Preliminary Rate Resolution is hereby approved.
(C) For the Fiscal Year beginning October 1, 1997, the estimated Fire Rescue
Assessed Cost to be assessed is $2,880,274. The Fire Rescue Assessments to be
assessed and apportioned among benefited parcels pursuant to the Cost Apportionment
and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the
Fiscal Year commencing October 1, 1997, are hereby established as follows:
Billing
Unit
Type
Building
Area
(in sq. ft.)
Residential
Rates/Unit
Commercial
Rates
Industrial/
Warehouse
Rates
Institutional
Rates
Nursing
Home
Rates
Dwelling
Unit
N/A
$79.55
Building
r1,999
$212.37
$35.41
$234.80
$234.80
2,000-3,499
$424.73
$70.81
$469.60
$469.60
3,500-4,999
$743.28
$123.92
$821.81
$821.81
5,000-9,999
$1,061.83
$177.03
$1,174.01
$1,174.01
10,000-19,999
$2,123.67
$354.07
$2,348.02
$2,348.02
20,000-29,999
$4,247.33
$708.13
$4,696.05
$4,696.05
30,000-39,999
$6,371.00
$1,062.20
$7,044.07
$7,044.07
40,000-49,999
$8,494,67
$1,416.27
$9,392.10
$9,392.10
>50,000
$10,618.33
$1,770.34
1 $11.740.12
1 $11,740.12
4
TEMPORARY RESOLUTION NO. 7940
July 14, 1997
The above rates of assessment are hereby approved. Fire Rescue Assessments for fire
rescue services, facilities, and programs in the amounts set forth in the updated
Assessment Roll, as herein approved, are hereby levied and reimposed on all parcels of
Assessed Property described in such Assessment Roll for the Fiscal Year beginning
October 1, 1997.
(D) No Fire Rescue Assessment shall be imposed upon a parcel of Institutional
Property whose use is wholly exempt from ad valorem taxation under Florida law. Any
shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or
exemption from payment of the Fire Rescue Assessments required by law or authorized
by the City Commission shall be supplemented by any legally available funds, or
combination of such funds, and shall not be paid for by proceeds or funds derived from the
Fire Rescue Assessments.
(E) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue
Assessments are also levied and imposed against all property for which a Certificate of
Occupancy is issued after adoption of this Resolution based upon the rates of assessment
approved herein.
(F) Fire Rescue Assessments shall constitute a lien upon the Assessed Property
so assessed equal in rank and dignity with the liens of all state, county, district or municipal
taxes and other non -ad valorem assessments. Except as otherwise provided by law, such
lien shall be superior in dignity to all other liens, titles and claims, until paid.
5
TEMPORARY RESOLUTION NO.7940
July 14, 1997
(G) The Assessment Roll, as herein approved, together with the correction of any
errors or omissions as provided for in the Ordinance, shall be delivered to the Tax Collector
for collection using the tax bill collection method in the manner prescribed by the
Ordinance.
SECTION 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION. The
Preliminary Rate Resolution is hereby confirmed.
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Annual Rate Resolution shall be the final adjudication of the issues presented (including,
but not limited to, the determination of special benefit and fair apportionment to the
Assessed Property, the method of apportionment and assessment, the rate of assessment,
the Assessment Roll and the levy and lien of the Fire Rescue Assessments), unless proper
steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days
from the date of this Annual Rate Resolution.
SECTION 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.
N.
TEMPORARY RESOLUTION NO. 7940
July 14, 1997
CITY OF TAMARAC, FLORIDA
FIRE RESCUE ASSESSMENT
ANNUAL RATE RESOLUTION
FOR
FISCAL YEAR BEGINNING OCTOBER 1, 1997
ADOPTED JULY 23, 1997
1
TEMPORARY RESOLUTION NO. 7940
July 14, 1997
TABLE OF CONTENTS
Page
SECTION 1. AUTHORITY . ........................................ 3
SECTION 2. DEFINITIONS AND INTERPRETATION . .................. 3
SECTION 3. REIMPOSITION OF FIRE RESCUE ASSESSMENTS. ........ 3
SECTION 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION..... 6
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION ................. 6
SECTION 6. EFFECTIVE DATE . ................................... 6
APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS ............................ A-1
APPENDIX B: PROOF OF PUBLICATION ........................... B-1
J
I
11
TEMPORARY RESOLUTION NO.7940
July 14, 1997
SECTION 8. EFFECTIVE DATE. This Annual Rate Resolution shall take effect
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 23rd day of July, 1997.
ATTEST:
CAROL A. EVANS 7JOE SCHREIBER
CITY CLERK MAYOR
I HEREBY CERTIFY that I have
approved this RESOLUTION as to =-
forpN
MITCHELL S. K f= ,
CITY ATTORNEY
RECORD OF COMMISSION V=
MAYOR SCHREIBE U
DIST 1: COMM. MCKAYE
DIST 2: WM MISHKIN
DIST 3: COMM. SULTA
DIST 4: COMM. ROBEF
FA
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
n
U
I
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Robert S. Noe, Jr.,
Camille S. Gianatasio, and Kevin Butler, who, after being duly sworn, depose and say:
1. Robert S. Noe, Jr., as City Manager of the City of Tamarac, Florida ("City"),
pursuant to that certain professional services agreement involving Government Services
Group, Inc. ("GSG") adopted by the City Commission on May 14, 1997, and the authority
and direction received from the City Commission, timely directed the preparation of the
Assessment Roll and the preparation, mailing, and publication of notices in accordance
with Sections 2.03, 2.04, 2.05 and 2.08 of the Fire Rescue Assessment Ordinance adopted
by the City Commission on June 26, 1996 (the "Assessment Ordinance") in conformance
with the Preliminary Rate Resolution adopted by the City Commission on June 25, 1997
(the "Preliminary Rate Resolution").
2. Camille S. Gianatasio is Vice President of GSG. GSG has caused the
notices required by Sections 2.05 and 2.08 of the Assessment Ordinance to be prepared
in conformance with the Preliminary Rate Resolution. An exemplary form of such notice
is attached hereto. GSG has caused such individual notices for each affected property
owner to be prepared and each notice included the following information: the purpose of
the assessment; the total amount proposed to be levied against each parcel; the unit of
measurement to be applied against each parcel to determine the assessment; the number
of such units contained within each parcel; the total revenue the City expects to collect by
the assessment; a statement that failure to pay the assessment will cause a tax certificate
to be issued against the property which may result in a loss of title; a statement that all
A-1
LJ
affected property owners have a right to appear at the hearing and to file written objections
with the local governing board within 20 days of the notice; and the date, time, and place
of the hearing.
3. On or before July 2, 1997, GSG delivered and directed the mailing of the
above -referenced notices by Mail Master of Tallahassee, Inc. ("Mail Master"), in
accordance with Sections 2.05 and 2.08 of the Assessment Ordinance by First Class Mail,
to each Owner of Assessed Property (as defined in the Assessment Ordinance) shown on
the updated Assessment Roll, prepared in accordance with the Preliminary Rate
Resolution, at the addresses then shown on the real property assessment tax roll database
maintained by the Broward County Property Appraiser for the purpose of the levy and
collection of ad valorem taxes. Notices to property owners receiving multiple individual
notices were mailed, or caused to be mailed by GSG on or before July 2, 1997.
4. Kevin Butler is President of Mail Master. As directed above, Mail Master,
mailed or caused to be mailed on or before July 2, 1997, the above -referenced notices
delivered to Mail Master by GSG.
FURTHER AFFIANTS SAYETH NOT.
A-2
Robert S. Noe, Jr., affiant
Camille S. Gianatasio, affiant
Kevin Butler, affiant
1
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of July, 1997 by Robert S. Noe, Jr., City Manager, City of Tamarac, Florida. He
is personally known to me or has produced as identification and did take an
oath.
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of July, 1997 by Camille S. Gianatasio, Vice President, Government Services
Group, Inc., a Florida limited corporation. She is personally known to me or has produced
as identification and did take an oath.
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of July, 1997 by Kevin Butler, President, Mail Master of Tallahassee, Inc., a
Florida corporation. He is personally known to me or has produced as
identification and did take an oath.
A-3
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
1
APPENDIX B
PROOF OF PUBLICATION
ri
1_
•
�r
i
r
s
a�