R03-130
CITY OF BOYNTON BEACH, FLORIDA
RESOLUTION NO. R03- 130
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, RELATING TO THE PROVISION OF FIRE
RESCUE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF BOYNTON BEACH, FLORIDA;
ESTABLISHING THE ESTIMATED ASSESSMENT RATE
FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2003; DIRECTING THE
PREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
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 Initial 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 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, 2003. 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
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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 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 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 Ordinance, the Initial Assessment Resolution, and the
Final Assessment Resolution are affirmed and incorporated herein by reference.
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SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT
METHODOLOGIES. The Cost Apportionment and Parcel 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.
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, 2003, 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.
(8) 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 a ssessed in the Fiscal Year commencing
October 1, 2003. No portion of such Fire Rescue Assessed Costs are attributable to
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.
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(C) The estimated Fire Rescue A ssessments established in t his 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, 2003 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, 2003, 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, 2003 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
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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 11, 2003, 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, 2003 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 22, 2003, in substantially the form
attached hereto as Appendix B.
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
attached hereto as Appendix C. Such notices shall be mailed no later than August 22,
2003.
(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
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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 (8) of this
Section 11 also fulfills 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 paragraph (8).
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 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.
PASSED, ADOPTED AND APPROVED THIS 15th day of July, 2003.
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ATTEST:
/ af5 /
James A. Chero
City Attorney
NO CORRECTNESS:
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CITY OF BOYNTON BEACH, FLORIDA
PRELIMINARY RATE RESOLUTION
R03 - 130
ADOPTED JULY 15, 2003
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
SECTION 12.
SECTION 13.
APPENDIX A:
APPENDIX B:
APPENDIX C:
TABLE OF CONTENTS
Page
AUTHORITY. .................... ................... .......... ....... .......... ......... .... ... 1
PURPOSE AND DEFINITIONS ........... ......... ....... ................ ....... .... 1
PROVISION AND FUNDING OF FIRE RESCUE SERVICES ........2
IMPOSITION AND COMPUTATION OF
FIRE RESCUE ASSESSMENTS. ........... ................ .............. .......... 2
LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT
AND FAIR APPORTIONMENT ..... .......... ........ ......... .............. .........3
COST APPORTIONMENT AND PARCEL
APPORTIONMENT METHODOLOGIES. .............. ............. .... ........3
DETERMINATION OF FIRE RESCUE ASSESSED
COSTS; ESTABLISHMENT OF ANNUAL FIRE
RESCUE ASSESSMENT RATES. ........... ....... ........ ............ ............ 3
ANNUAL ASSESSMENT ROLL.... ............. ....... ........ ............. ......... 4
AUTHORIZATION OF PUBLIC HEARING ...................................... 5
NOTICE BY PUBLICATION............................................................ 5
NOT ICE BY MA I L.. . .. . .. . .. . . . . .. . .. . .. . . . . .. .. .. . . . . . . . .. . . .. .. .. . .. . .. .. . .. . . . .. . .. .. . . .. . 6
APPLICATION OF ASSESSMENT PROCEEDS ............................6
EFFECTIVE DATE.. ...... .................... .......... ....... .......... ................... 7
ESTIMATED FIRE RESCUE ASSESSMENT
RATE SCHEDULE ....... ......... ................ .......... ....... ................ ..... A-1
FORM OF NOTICE TO BE PUBLISHED .................................... B-1
FORM OF NOTICE TO BE MAILED ........................................... C-1
APPENDIX A
ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE
APPENDIX A
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 1,2003, is $2,842,317.00.
SECTION A-2.
ESTIMATED FIRE RESCUE ASSESSMENTS.
(A) 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, 2003, are hereby established as follows for the purpose of this Preliminary
Rate Resolution:
RESIDENTIAL
PROPERTY USE Rate Per
CATEGORIES Dwelling Unit
Single Family Residential $70
Multi-Family Residential $42
NON-RESIDENTIAL Building
PROPERTY USE Classification (in Industriall Nursing
CATEGORIES square foot ranges) 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
20,000 - 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960
30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940
40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921
> 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901
(8) No Fire Rescue Assessment shall be imposed upon a parcel of
Government Property.
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(C) Any shortfall in the expected Fire Rescue proceeds due to any reduction
or exemption from payment of the Fire Rescue Assessments required by law or
authorized by the 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. In the event a court of competent jurisdiction determines
any exemption or reduction by the Commission is improper or otherwise adversely
affects the validity of the Fire Rescue Assessment imposed for this Fiscal Year, the sole
and exclusive remedy shall be the imposition of a Fire Rescue Assessment upon each
affected Tax Parcel in the amount of the Fire Rescue Assessment that would have been
otherwise imposed save for such reduction or exemption afforded to such Tax Parcel by
the Commission.
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APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To Be Published No Later Than August 22,2003
[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 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 Boynton Beach for the Fiscal Year
beginning October 1, 2003.
The hearing will be held at 6:30 p.m. on September 11, 2003, in the City
Commission Chambers 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
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 [phone number]
at least [number of] days prior to the date of the hearing.
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The a ssessment for each parcel 0 f 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.
RESIDENTIAL
PROPERTY USE Rate Per
CATEGORIES Dwelling Unit
Single Family Residential $70
Multi-Family Residential $42
NON-RESIDENTIAL Building
PROPERTY USE Classification (in Industriall Nursing
CATEGORIES square foot ranges) 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
20,000 - 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960
30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940
40,000 - 49,999 $ 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 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 Boynton Beach Boulevard, Boynton Beach, Florida.
The assessments will be collected on the ad valorem tax bill to be mailed in
November 2003, 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.
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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
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APPENDIX C
FORM OF NOTICE TO BE MAILED
APPENDIX C
FORM OF NOTICE TO BE MAILED
* * * * * NOTICE TO PROPERTY OWNER * * * * *
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida [zip code]
CITY OF BOYNTON BEACH, FLORIDA
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF FIRE RESCUE
NON-AD VALOREM ASSESSMENTS
NOTICE DATE: August 22,2003
Owner Name
Address
City, State Zip
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
fair, efficient and effective. The total annual fire rescue assessment revenue to be
collected within the City of Boynton Beach is estimated to be $2,842,317.00 for fiscal
year October 1, 2003 - September 30, 2004. The annual fire rescue assessment is
based on the classification of each parcel of property 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 $ for fiscal
year 2003-04 and future fiscal years.
A public hearing will be held at 6:30 p.m. on September 11, 2003, in the City
Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton
Beach, 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
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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 [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 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. 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 is a mistake on this notice, it will be corrected. If you have any questions
regarding your fire rescue assessment, please contact the [name 0 f] Department at
[phone number], Monday through Friday between 9:00 a.m. and 5:00 p.m.
* * * * * THIS IS NOT A BILL * * * * *
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