R02-114CITY OF BOYNTON BEACH, FLORIDA
RESOLUTION NO. O~- |14
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, RELATING TO THE PROVISION OF FIRE
RESCUE SERVICES, FACI~LITIES AND PROGRAMS IN
THE CITY 'OF BOYNTON BEACH, FLORIDA;
FOR FISCAL
YEAR DIRECTING THE
= AN ROLL;
ICE THEREOF; AND
NOW, THEREFORE, BE'IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions
of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), Amending Fire
Rescue Assessment Ordinance (Ordinance No. 01-56) (collectively referred to as "the
Ordinance); the nitial Assessment Resolution (Resolution No. R01-217); the Final
Assessment Resolution (Resolution No. R01-249); sections 166.021 and 166.041,
Florida Statutes; and other applicable provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS. This resolutio~ 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, 2002. All capitalized words and
terms not otherwise defined herein shall have the meamngs 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 Properly 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 legally 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 wi] 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. L:EGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND
FAIR APPORTIONMENT. The legislative determinations of special benefit and fair
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apportionment embodied in the Ordinance, the nitial Assessment Resolution, and the
Final Assessment Resolution are affirmed and incorporated herein by reference,
SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT
METHODOLOGIES. The Cost Apportionment and Pamel apportionment and the
applicable explanatory appendices embodied and incorporated in the Initial Assessment
Resolution and the Final Assessment Resolution are affirmed and incorporated herein
by reference.
SECTION7. DETERMINATION OF FIRE RESCUE ASSESSED COSTS;
ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES.
lA) 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, 2002, 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.
lB) 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, 2002. No portion of such Fire Rescue Assessed Costs are attributable to
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impact fee revenue that funds capital improvements necessitated by new growth or
development. Further, no portion of such Fire Rescue Assessed Costs are attributable
to the Emergency Medical Services Cost.
(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, 2002 as provided in Section 8 of this Preliminary Rate Resolution.
(D) In addition, the City Manager shalJ seek the collection of any delinquency
or past due amounts attributable to each Tax Parcel for Fire Rescue Assessments
during the delinquency period of October 1, 2002 through July 24, 2002 along with the
estimated Fire Rescue Assessment for such Tax Parcel as approved and applied in
accordance with 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, 2002, in the
manner provided in the Ordinance, The updated Assessmenl 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
4
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, 2002 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.
(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 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 6:30 p.m. on September 12, 2002, in City
Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton
Beach, 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, 2002 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 August 20, 2002, in substantially the form
attached hereto as Appendix B.
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SECTION 11. NOTICE BY MAIL.
(A) The City Manager shall provide notice by first class mail to the Owner of
each parcel of Assessed Property in the event circumstances described in Section
2.08(F) of the Ordinance so require. Such notice shall be in substantially the form
attache(~ hereto as Appendix C. Such notices shall be mailed no later than August 20,
2002.
(B) In accordance with Section 2.05(B) of the Ordinance and pursuant to
Chapter 92-264, Laws of Florida, a special act relating to the Property Appraiser, the
City Commission shall provide additional notice of the Fire Rescue Assessment as part
of the notice of proposed property taxes under Section 200.069, Florida Statutes, the
truth-in-millage notification.
(C) If the City determines that the notice provided under paragraph (B) of this
Section 11 also fulfil s the requirements of paragraph (A) of this Section 11, then the
separate mailing requirement described in paragraph (A) will be deemed to be fulfilled
by the notice described in paragirs ph (B).
SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds
derived by the City from the Fire Rescue Assessments shall be used for the provision of
fire rescue services, facilities, and programs. In the event theirs 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.
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PASSED, ADOPTED AND APPROVED THIS 2nd day of July, 2002.
ClTY OFBOYNTONBEACH
Vice Mayor
Commissioner
ATTEST:
Commissioner
APP~/~ ~, FORM AND CORRECTNESS:
ja~A,~C~er~,//)
City Attorney
APPENDIX A
ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE
APPENDIX A
ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE
SECTION A-I. DETERMINATION OF FIRE RESCUE ASSESSED COSTS.
The estimated Fire Rescue Assessed Costs to be assessed for the Fiscal Year
commencing October 1,2002, is $2,84.2,317.00.
SECTION A-2, ESTIMATED FIRE RESCUE ASSESSMENTS.
(A) The estimated Fire Rescue Assessments to be assessed and apportioned
among benefited ~3arcels pursuant to the Cost Apportionment and Pamel Apportionment
to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing
October 1, 2002, are hereby established as follows for the purpose of this Preliminary
Rate Resolution:
RESIDENTIAL
PROPERTY USE ~ate Per
CATEGORIES :)welling Unit
Single Family
~esidential $7~
Vlulti-Family Residential $42
~ION-RESIDENTIAL Building
=ROPERTY USE Classification (in Industrial/ Nursing
CATEGORIES square foot ranges) I Commercial Warehouse Institutional Homes
< 1,999 $ 126 $ 35 $ 198 $ 198
2,000~3,499 $ 252 $ 69 $ 396 $ 396
3,500-4,999 $ 441 $ 121 $ 693 $ 693
5,000-9,999 $ 629 $ 173 $ 990 $ 990
10,000- 19,999 $ 1,259 $ 347 $ 1,980 $ 1,980
-~0,000- 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960
30,000- 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,94¢
~0,000- 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921
50,000 $ 6,295 $ 1,733 I$ 9,901 $ 9,901
A-1
(B) The amount any Tax Parcel has ~n a delinquent or amount due of the Fire
Rescue Assessment for Fire Rescue Services provided during the delinquency period of
October 1, 2001 through July 24, 2002, shall be collected along with the applicable rate
as outlined in Section A-2(A) above for that Tax Parcel for Fiscal Year 2002-03.
A-2
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
AP PEN DIX B
FORM OF NOTICE TO BE PUBLISHED
To Be Pu blished No Later Than August 20, 2002
[INSERT MAP OF CITY]
NOTICE OF HEARING TO REIMPOSE AND
PROVIDE FOR COLLECTION OF FI RE RESCUE SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Boynton Beach will
conduct a public hearing to consider reimposing fire rescue special assessments for the
provision of fire rescue services within the City of Boymon Beach for the Fiscal Year
beginning October 1,2002.
The headng will be held at 6:30 p.m. on September 12, 2002, in the City
Commission Cham~ers of City Hall, 100 East Boynton Beach Boulevard, Boynton
Beach, 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
consid Bred 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 [phone number]
at least [number off_ days prior to the date of the hearing.
B-1
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.
F~ESIDENTIAL
PROPERTY USE Rate Per
2ATEGQRIES Dwelling Unit
~ingle Family
~,esidential $70
~4ulti-Fam I¥ Res dent a $42
NoN-REsIDENTIAL Building
PROPERTY USE Classification (in Industrial/ Nursing
CATEGOR[Es square foot ranges) Commercial Warehouse Institutional Homes
< 1,999 $ 126 $ 35 $ 198 $ 198
Z,000-3,499 $ 252 $ 69 $ 396 $ 396
3,500-4,999 $ 441 $ 121 $ 693 $ 693
~,000~9,999 $ 629 $ 173 $ 990 $ 990
10,000- 19,999 $ 1,259 $ 347 $ 1,980 $ 1,980
.~0,000: 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960
30,000-39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940
40,000 L49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921
> 50,000 $ 6¢295 $ 1,733 $ 9,901 $ 9,901
Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34),
Amending Ordinance No. 01-56, the Initial Assessment Resolution (Resolution No. R01-
217), the Final Assessment Resolution (Resolution No. R01-249), the Preliminary Rate
Resolution initiating the annual process of updating the Assessment Roll and
reimposing the Fire Rescue Assessments, and [he preliminary Assessment Roll for the
upcoming fiscal year are available for inspection at the City Clerk's.office in City Hall,
located at 100 East Boynton Beach Boulevard, Boynton Beach, Flodda.
The assessments will be collected on the ad valorem tax bill to be mailed in
November 2002, as authorized by section 197.3632, Florida Statutes. Failure to pay
the assessments wil cause a tax certificate to be issued against the property which may
result in a loss of title.
B-2
If you have any questions, please contact the [name of] Department at [phone
number], Monday through Friday between 9:00 a.m. and 5~00 p.m.
CITY CLERK
OF BOYNTON BEACH, FLORIDA
B-3
APPENDIX C
FORM OF NOTICE TO BE MAILED
APPENDIX C
FORM OF NOTICE TO BE MAILED
* * * * * NOTICE TO PROPERTY OWN ER * * * * *
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynto~ 'Be~ch, Flor da [zip cdde]
Owner Name
Address
City, State Zip
CiTY OF BOYNTON BEACH, FLORIDA
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF FIRE RESCUE
NON-AD VALOREM ASSESSMENTS
NOTICE DATE: August 20, 2002
Tax Parcel #:
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 Boynton Beach that an annual assessment for
fire rescue services using the tax bill collection method, may be levied on your property.
The use of an annual special assessment to fund fire rescue services benefiting
improved property located within the City of Boynton Beach in the past has proven to be
I=air, efficient and effective. The total annual fire rescue assessment revenue to be
collected within the City of Boynton Beach is estimated to be $[insert amount] for fiscal
year October 1, 2002 - September 30, 2003. The annual fire rescue assessment ~s
based o~ the classification of each parcel of properzy and number of billing units
contained therein plus any unpaid or delinquent assessments for Fire Rescue.
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 $
The delinquent Fire Rescue Assessment for the above parcel is $
The maximum annual Fire Rescue Assessment that can be imposed without further
notice for fiscal year 2002-03 and for future fiscal years for the above parcel is
$
A public hearing will be held at 6:30 p.m. on September 12, 2002, in the City
Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton
E~each, Flodda for the purpose of receiwng public comment on the proposed
C-1
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 wi~h respect
to any matter censidered 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 [phone number] at
least [number of] 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 Commkssion 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. 01-34), the Amending
Ordinance (Ordinance No. 01-56), the Initial Assessment Resolution (Resolution No.
R01-217), the Final Assessment Resolution (Resolution No. R01-249), 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 in City Hall,
located at 100 East Beach Boulevard, Boynton Beach, 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 of each year that the assessment is imposed. 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 ~s a mistake on this notice, it will be corrected. If you have any questions
regarding your fire rescue assessment, please contact the [name of] Department at
[phone number], Monday through Fdday 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
mmediately.
*** ** THIS IS NOT A BILL * ****
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CITY OF BOYNTON BEACH, FLORIDA
PRELIMINARY RATE RESOLUTION
ADOPTED JULY 2, 2002
OPTION "A"
TABLE OF CONTENTS
SECTION 1.
SECTION2.
SECTION3.
SECTION4.
SECTION 5.
SECTION6,
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
SECTION 12.
SECTION 13.
Page
AUTHORITY ....................................................................................
PURPOSE AND DEFINITIONS ......................................................
PROVISION AND FUNDING OF FIRE RESCUE SERVICES ......... 2
IMPOSITION AND COMPUTATION OF
FIRE RESCUE ASSESSMENTS .................. 2
LEGISLATIVE DETERMINATIONS OF SPECIAL BENEF T
AND FAIR APPORTIONMENT ...................................... 3
COST APPORTIONMENT AND PARCEL
APPORTIONMEN-¢ METHODOLOGIES ,-,
DETERMINATION 3F FIRE RESCUE ASSESSED
HMENT OF ANNUAL FIRE
/lENT RATES ................................................... 3
ENT ROLL ...................................................... 4
AUTHORIZATION FPUBLIC HEARING ...................................... 5
¢IOTI:CE By PUBLI :ATION ........................................................... 5
I~ TICE BY MAIL .............
EFFECTIVE DATE ....................................................... i i 7
APPENDIX A:
APPENDIX B:
APPENDIX C:
ESTIMATED FIRE RESCUE ASSESSMENT
RATE SCHEDULE ....................................................................... A-1
FORM OF NOTICE TO BE PUBLISHED .................................... B-1
FORM OF NOTICE TO BE MAILED ........................................... C-1