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R10-121 1 RESOLUTION NO. RIO- i~ I 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, 4. FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON 5 BEACH, FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS 6 AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY, 7 FOR TilE FISCAL YEAR BEGINNING OCTOBER 1, 2010; 8 APPROVING THE RATE OF ASSESSMENT; APPROVING TItE 9 ASSESSMENT ROLL; CONFIRMING AND CONTINUING A 10 PROCEDURE FOR HARDSHIP WAIVERS OR DEFERRALS OF 11 ALL OR PART OF THE CITY'S FIRE RESCUE SPECIAL 12 ASSESSMENT INCLUDING APPLICATION AND REVIEW BY A 13 COMMITTEE, AND ELIGmILITY CRITERIA FOR SUCH 14 WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR 15 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of Boynton Beach, Florida (the "City 18 Commission"), has enacted Ordinance No. 08-017 (the "Ordinance"), which authorizes the 19 imposition of Fire Rescue Assessments for the rescue services, facilities, and programs 20 against Assessed Property located within the City; and 21 WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services, 22 facilities, and programs each fiscal year is an equitable and efficient method of allocating 23 and apportioning the fue Rescue Assessed Cost among parcels of Assessed Property; and 24 WHEREAS, the City Commission desires to implement a Fire Rescue 25 Assessment program and impose a Fire Rescue Assessment in the City using the 26 procedures provided by the Ordinance, including the tax bill collection method for the 27 Fiscal Year beginning on October 1,2010; and 28 WHEREAS, the City Commission, on July 1, 2008, adopted Resolution 29 No. R08-076 (the "Initial Assessment Resolution"); and 30 WHEREAS, the City Commission, on July 21, 2010, adopted Resolution 31 No. Rl 0-1 01 (the "Preliminary Assessment Resolution"); and, Page 1 of9 1 WHEREAS, the Preliminary Assessment Resolution contains and references a 2 brief and general description of the fire rescue services, facilities, and programs to be 3 provided to Assessed Property; describes the. method of apportioning the Fire Rescue 4 Assessed Cost to compute the Fire Rescue Assessment for fire rescue services, facilities, 5 and programs against Assessed Property; estimates rates of assessment; and directs the 6 updating and preparation of the Assessment Roll and provision of the notice required by 7 the Ordinance; and 8 WHEREAS, in order to. impose Fire .Rescue Assessments for the Fiscal Year 9 beginning October 1, 2010, the Ordinance requires the City Commission to adopt a Final 10 Assessment Resolution, which establishes the rates of assessment and approves the 11 Assessment Roll for the upcoming Fiscal Year, with such amendments as the City 12 Commission deems appropriate, after hearing comments and objections of all interested 13 parties; and 14 WHEREAS, the Assessment Roll has . heretofore been made available for 15 inspection by the public, as required by the Ordinance; and 16 WHEREAS, notice of a public hearing has been published and mailed, as required 17 by the terms of the Ordinance, which provides notice to all interested persons of an 18 opportunity to be heard; an Affidavit of Mailing being attached hereto as Appendix A and 19 the Proof of Publication being attached hereto as Appendix B; 20 WHEREAS, the City Commission recognizes that the special assessment may 21 work a hardship on certain residential property owners in the City, and desires to provide a 22 means whereby affected property owners may request a total or partial waiver of the 23 special assessment for hardship; and Page 2 of9 1 WHEREAS, a public hearing was held on September 13, 2010, and comments 2 . and objections of all interested persons have been heard and considered as required by the 3 terms of the Ordinance. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 5 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 6 7 SECTION 1. AUTHORITY. This re&olution is adopted pursuant to Ordinance 8 No. 08-017; Resolution No. R08-076; Resolution No. RI0-101; Article VIII, Section 2, 9 Florida Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable 10 provisions of law. 11 SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution 12 constitutes the Final Assessment Resolution as defmed in Ordinance. All capitalized 13 words and terms not otherwise defined herein shall have the meanings set forth in the 14 Ordinance, the Initial Assessment Resolution and the Preliminary Assessment Resolution. 15 SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS. 16 (A) The parcels of Assessed Property described in the Assessment Roll, which 17 is hereby approved, are hereby found to be specially benefited by the provision of the fire 18 rescue services, facilities, and programs described or referenced in the Preliminary 19 Assessment Resolution, in the amount of the Fire Rescue Assessment set forth in the 20 Assessment Roll, a copy of which was present or available for inspection at the above 21 referenced public hearing and is incorporated herein by reference. It is hereby ascertained, 22 determined, and declared that each parcel of Assessed Property within the City will be 23 specially benefited by the City's provision of fire rescue services, facilities, and programs 24 in an amount not less than the Fire Rescue Assessment for such parcel, computed in the 25 manner set forth in the Preliminary Assessment Resolution. Adoption of this Final Page 3 of9 1 Assessment Resolution constitutes a legislative determination that all parcels assessed 2 derive a special benefit in a manner consistent with the legislative declarations, 3 determinations and findings as set forth in the Ordinance, the Preliminary Assessment 4 Resolution, and this Final Assessment Resolution from the fire rescue services, facilities, 5 or programs to be provided and a legislative determination that the Fire Rescue 6 Assessments are fairly and reasonably apportioned among the properties that receive the 7 special benefit as set forth in the Preliminary Assessment Resolution. 8 (B) The method for computing Fire Rescue Assessments described and 9 referenced in the Preliminary Assessment Resolution is hereby approved. The Parcel 10 Apportionment methodology described in Appendix F of the Preliminary Assessment 11 Resolution, and adopted in Section 7 of the Preliminary Assessment Resolution, is hereby 12 approved. 13 (C) For the Fiscal Year beginning October 1, 2010, the estimated net Fire 14 Rescue Assessed Cost to be assessed is $3,857,841.00. The Fire Rescue Assessments to be 15 assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and 16 Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal 17 Year commending October 1,2010, are hereby established as follows: Property Use Cate20ry Rate Per Dwellin2 Unit Residential $68.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.16 Industrial/Warehouse $0.04 Institutional $0.17 Nursing Home $0.17 18 19 (D) The above rates of assessment are hereby approved. Fire Rescue 20 Assessments for fire rescue services, facilities, and programs in the amounts set forth in the 21 Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Page 4 of9 1 Assessed Property described in such Assessment Roll for the Fiscal Year beginning 2 October 1,2010. 3 (E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment 4 shall be imposed upon a parcel of Government Property or upon a parcel of Institutional 5 Property whose use is wholly exempt from taxation under Florida law. 6 (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any 7 reduction or exemption from payment of the Fire Rescue Assessments required by law or 8 authorized by the City Commission shall be supplemented by any legally available funds, or 9 combination of such funds, and shall not be paid for by proceeds or funds derived from the 10 Fire Rescue Assessments. 11 (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue 12 Assessments are also levied and imposed against all property for which a Building Permit is 13 issued after adoption of this Final Assessment Resolution based upon the rates of 14 assessment approved herein. 15 (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property 16 so assessed equal in rank and dignity with the liens of all state, county, district, or municipal 17 taxes and other non-ad valorem assessments. Except as otherwise provided by law, such 18 lien shall be superior in dignity to all other liens, titles and claims, until paid. 19 (I) The Assessment Roll, as herein approved, shall be delivered to the Tax 20 Collector for collection using the tax bill collection method in the manner prescribed.by the 21 Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied 22 by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached 23 hereto as Appendix C. Page 5 of9 1 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT 2 RESOLUTION. The Preliminary Assessment Resolution is hereby confirmed. 3 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of 4 this Final Assessment Resolution shall be the final adjudication of the issues presented 5 (including, but not limited to, the determination of special benefit and fair apportionment to 6 the Assessed Property, the method of apportionment and assessment, the rate of assessment, 7 the Assessment Roll and the levy and lien of the Fire Rescue Assessments), unless proper 8 steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days 9 from the date of this Final Assessment Resolution. 10 SECTION 6. HARDSIDP WAIVERS OR DEFERRALS. 11 (A) The City Commission of the City of Boynton Beach, Florida hereby 12 continues its program for qualified individuals who need fmancial assistance to pay all or 13 part of the Fire Rescue Assessment levied on their property or who seek deferral of payment 14 of all or part of the Fire Rescue Assessment on their property. 15 (B) The City's program for financial assistance shall be commonly referred to 16 as H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance 17 are available, based upon need: 18 1. Relief from all payments of an annual Fire Rescue Assessment. 19 2. Relief from a portion of payments of an annual Fire Rescue 20 Assessment. 21 22 3. Deferral of payments of an annual Fire Rescue Assessment. 23 4. Deferral of a portion of payments of an annual Fire Rescue 24 Assessment. 25 26 (C) The following individuals are eligible for fmancial assistance. Page 6 of9 1 1. Residential Property Owners who meet 2010 lllIS Poverty 2 Guidelines. 3 4 2. Residential property owners that are exempt from ad valorem 5 taxation pursuant to the following Florida Statutes are eligible to 6 apply for a Hardship Waiver or Deferral: 7 8 a. Section 196.081, Florida Statutes (totally disabled veterans ! 9 and surviving spouses of veterans); 10 11 b. Section 196.091, Florida Statutes (disabled veterans confined 12 to wheelchairs); 13 14 c. Section 196.101, Florida Statutes (totally and permanently 15 disabled persons). 16 17 3. . Residential Property Owners that qualify for, the additional 18 homestead exemption for persons 65 and over authorized pursuant 19 to Section 196.075, Florida Statutes are also eligible to apply for the 20 Hardship Waiver. 21 22 4. Residential Property Owners that are qualified under the Florida 23 Homestead Property Tax Deferral Act, Section 197.242, et aI., 24 Florida Statutes. 25 26 (D) Eligible Residential Property Owners may submit an application for a 27 Hardship Waiver or Deferral, on a form prepared by the City, with the Finance Department. 28 The Application shall include the following: 29 1. Documentation demonstrating eligibility for the Hardship Waiver or 30 Deferral through one of the criteria from exemptions listed in 31 Section C above; 32 33 2. A copy ofthe Tax Bill for the subject property; 34 3. Description of the facts and circumstances of the hardship. 35 (E) All Applications for the Hardship Waiver or Deferral must be received by 36 the City's Finance Department on or before November 1 of each year in order to be 37 considered for the currently billed assessment. For example, all Hardship Waiver or Page 7 of9 1 Deferral Applications for the Fire Rescue Special Assessment for the Fiscal Year . 2 commencing October 1,2010, must be received on or before November 1, 2010. 3 Once received, all applications shall be reviewed by a Hardship Waiver Review 4 Committee: 5 1. The Committee shall be comprised of three (3) members: 6 a. City Manager, or his or her designee; 7 b. City's Finance Director, or his or her designee; and 8 c. Member appointed by City Commission. 9 10 2. The Committee shall review the facts and circumstances to 11 determine whether a hardship exists to warrant a partial or total 12 waiver of the special assessment levied upon the applicant's real 13 property or a deferral of payment of such. 14 15 3. The concurrence of a majority of the members of the Committee 16 shall be necessary to grant a partial or total, waiver or deferral of 17 payment of the special assessment. 18 19 4. The decision of the Committee is final. 20 21 (F) The Committee shall render a written decision and provide such to the 22 applicant. 23 24 (G) If a partial or total waiver or deferral is granted by the Committee, the 25 Finance Director shall ensure appropriate documentation is provided to the Tax Collector as 26 to the revised amount of the assessment as to the applicant. 27 (H) An applicant may apply for a Hardship Waiver as to one property only. .28 (1) An applicant must apply for the Hardship Waiver on an annual basis. 29 (1) A deferral may be granted for no longer than the end of the then current 30 fiscal year. 31 (K) When financial assistance is granted pursuant to the H.E.L.P. program, the 32 City shall pay on behalf of the individual who has been granted assistance by the Page 8 of9 1 Committee all or part of the Fire Rescue Assessment not paid by the individual. The City 2 Commission shall appropriate from general funds a sufficient amount to insure timely 3 payment of an assessment when assistance is warranted. 4 SECTION 7. CONFLICTS. All resolutions or parts of resolutions in conflict herewith 5 are hereby repealed to the extent of such conflict. 6 SECTION 8. SEVERABILITY. If any clause, section, other part or application of this 7 resolution is held by any Court pf competent jurisdiction to be unconstitutional or invalid, in 8 part or application, it shall not affect the validity of the remaining portions or applications 9 of this Resolution. 10 SECTION 9. EFFECTIVE DATE. This Resolution shall become effective 11 immediately upon its passage and adoption. 12 PASSED AND ADOPTED this 13th day of September, 2010 13 14 15 16 ..-~ 17 ~ 18 19 20 21 22 23 24 . "-- 25 ATTEST: 26 27 28 t M. Prainito, MMC 29 Clerk 30 31 32 if .' 33 34 ii;"'.'i . ,!J:, .;~ 35 ~:\199~~0182.BB sessment\2010 Final Assessment Resoluuon.doc ~ ..~'... " . .f ....,." ,~ ~"J;t,:~'<i>' '~"~~.t7Jf;~~;:~i~' :::~','.'~ ; Page 9 of9 APPENDIX A AFFIDAVIT OF MAILING AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Sandi Melgarejo, who, after being duly sworn, depose and say: 1. Kurt Bressner, as City Manager of the City of Boynton Beach, Florida ("City"), pursuant to 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, and 2.05 of Ordinance No. 08-071, the Fire Rescue Assessment Ordinance (the "Assessment Ordinance") in conformance with the Preliminary Rate Resolution adopted by the City Commission on July 21, 2010 (the "Preliminary Rate Resolution") . 2. In accordance with the Assessment Ordinance and Chapter 92-264, Laws of Florida, as amended by Chapter 2003-348, Laws of Florida (collectively, the "Special Act"), Mr. Bressner timely provided all necessary information for notification of the Fire Rescue Assessment to the Property Appraiser of Palm Beach County to be included as part of the notice of proposed property taxes under section 200.069, Florida Statutes, the truth-in-millage notification. The information provided to the Property Appraiser to be included on the truth-in-millage notification included the following: the Fire Rescue Assessment rate expressed in dollars and cents per billing unit, the associated Fire Rescue Assessment amount, and the purpose of the Fire Rescue Assessment. 3. Because the assessment was being levied against newly affected property owners for the first time for Fiscal Year 2010-2011, additional notice by first class mail to the Owner of each newly affected parcel of Assessed Property was also required by the Assessment Ordinance and the Special Act. 4. Sandi Melgarejo is Project Coordinator for GSG. GSG has caused the additional mailed notices required by Section 2.05 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 could result in foreclosure proceedings against the property as well as the initiation of proceedings to compel payment by any means authorized by law, including the collection of any delinquent amounts on a subsequent years' tax bill, which, if not paid, would cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all 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 August 19, 2010, GSG caused the mailing of the above- referenced notices in accordance with Sections 2.05 of the Assessment Ordinance and the Preliminary Rate Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Palm Beach County Property Appraiser for the purpose of the collection of ad valorem taxes. FURTHER AFFIANTS SA YETH NOT. } ~~ Kurt Bressner, affiant ~~~~ an I e gareJo, a Ian STATE OF FLORIDA COUNTY OF PALM BEACH COUNTY The foregoing Affidavit of Mailing was sworn to and subscribed before me this ()~a day of ~ ' 2010 by Kurt Bressner, City Manager, City of Boynton Beach, Florida. e is personally known to me or has produced as identification and did take an oath. NOTARY PUBLIC-STATE OF FLORIDA ;O~~ we-t:::. )" Printed Name: ',4 t ~"""""" Pamela Welsh Notary Public, State of Florida € W ~ Commission #DD754091 At Large ...., l Expires: JAN. 31, 2012 J /~i J '+01..;\ BO;l:iE~ THRU ATLANTIC BONDING co" me. My Commission Expires: Commission No.: DO') 5709 I STATE OF FLORIDA COUNTY OF LEON ~ The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of August, 2010 by Sandi Melgarejo, Project Coordinator, Government Services Group, Inc., a Florida corporation. She is personally known to me or has produced as identification and did take an oath. Printed Na ~ Notary Public, State of Flor" a At Large . . ...~:~ TAMMY PETERS My Commission EDif5S: 'l p' t:do/3 !.W Commission#DD921344 ~ Iii Expires August 31,2013 CommIssIon No.: ~ 3 1- ~Ilr..." E!onlIIIcl1'lwuTlll'i'IIln,,*-8IJO.385-7019 City of Boynton Beach CITY OF BOYNTON BEACH, FLORIDA P.O. Box 310 Boynton Beach, FL 33425-0310 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 19,2010 --~-~-- FLORES MIRIAN Tax Parcel #: 08434507090000150 15 HEATHER TRACE DR Sequence #: BBF-000070 BOYNTON BEACH FL 33436-8945 Legal: HEATHERLAKE AT THE MEADOWS IT 15 * * * * * NOTICE TO PROPERTY OWNER * * * * * As required by Section 197.3632, Florida Statutes, and City Ordinance No. 2008-017 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 for the fiscal year October 1, 2010 - September 30,2011. The City has levied a fire rescue special assessment since 2001 pursuant to Ordinance No. 01- 34, as amended, which Ordinance sunset on September 30,2008. The City adopted Ordinance No. 08-017 to provide for reenactment of the fire rescue special assessment within the City commencing with the 2008-2009 Fiscal Year. The purpose of this assessment is to fund fire rescue services benefiting improved property located within the City of Boynton Beach. The total annual tire rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be $3,857,841. The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein. Type and Number Fiscal Year 2010-11 Category of Billing Units Assessment -~.. Single-Family Residential 1 dwelling unit $68.00 Total Assessment: $68.00 The maximum annual fire services assessment for the above parcel for Fiscal Year 2010-11 and future fiscal years is $68.00. A public hearing will be held at 6:30 p.m. on September 13,2010, in the City Commission Chambers, 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 tile 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 (561)742-6060, at least three 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, the Initial Assessment Resolution, the Preliminary Rate Resolution, and the preliminary assessment roll are available for inspection at the City Clerk's office in City Hall, located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. Pursuant to Chapter 92-264, Laws of Florida, as amended by Chapter 2003-348, Laws of Florida, a special act relating to the County, notice of the fire rescue assessment imposed by the City shall also be included by the Property Appraiser as part of the notice of proposed property taxes under Section 200.069, Florida Statutes, the truth-in-millage notification. 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 service assessment, please contact the Finance Department at (561)742-6310, Monday through Thursday between 7:00 a.m. and 6:00 p.m. * * * * * THIS IS NOT A BILL * * * * * APPENDIX B PROOF OF PUBLICATION PALM BEACH NEWSPAPERS, INC. The Palm Beach Post 2751 S. Dixie Hwy., West Palm Beach, FL 33405 Phone: (561) 820-31 06 Fax: (561) 820-4340 FED ID # 58-1633719 leaals@pbpost.com Legal Advertising Invoice Account # 241582 Advertising Deadlines Ad# 5495582R Publish Deadline Monday Friday 3PM Description: Not: Fire Rescue Assessments Tuesday Friday 3PM Wednesday Monday 3PM Size: 2 x 10 = 20 " Thursday Monday 3PM27 Friday Wednesday 3PM Amount: $700.00 Saturday Thursday 3PM Sunday Thursday 3PM Published: August 20, 2010 City of Boynton Beach City Clerk's Office PO Box 310 Boynton Beach, FL 33425-0310 20 :11 WV S2 :JflV OL 38/.;;j.:JO $.)W31J Al13 HO'V38 NOINAOe ::10 ~lla THE PALM BEACH POST 00.54955821 Published Daily and Sunday . NOTICE OF HEARJNGTO West Palm Beach, Palm Beach County, Florida IMPOSE. AND PROVIDEifOR I COLLECTION OF FIRE RESCUE PROOF OF PUBLICATION SPECIAL ASSESSMENTS Notice is ht.r..b,;liven that the City Commission of the Cio'f of ~ Booch TATE OF FLORIDA wiD conduct a lichearing 10 consider the imposition ann G",.""""" 1f"'Ciol assessments lor the provision of Gre "'seve services within the municipal OUNTY OF PALM BEACH lioundaries of the C~ of llaynlon Beach. The h~. be held 016:30 p.m., on SepIembe.: ~ in the Commission . of City Holt. 100 East efore the undersigned authority personally appeared Ellen Sanita, who on oath Bobnlon 8eacn , Boynlon Beach, Florida, lor the P'!'f'O$8 of receiving ~c comment on the proP.ased assessments. All aIfed8d ~ owners IYs that she is Call Center Revenue Manager of The Palm Beach Post, a daily o rijlht 10 ~r aI the hearing and 10 file wrilten abjecl10ns wi the City . CommisSIon within 20 days of this notice. If a penon deCides 10 <Ipp!lOl any 1d Sunday newspaper, published at West Palm Beach in Palm Beach County, decision made ~ the City Commission with ~ 10 any matter cOll$u:lered at the hearint: P.'f'SOI1 will need a record a Ihe ~I\g$ and !""y need lorida; that the attached copy of advertising for a Notice in the matter 10 ensure. a ve'rbatim record is made, indudi!'ll the ....ti~ evidence ~ wh,ch the appeal IS 10 be made. In accordOrn:e Wlrh the ns with ire Rescue Assessments was published in said newspaper in the issues of Disabilities Ad 'penons ~i~s~ial accomrnoc!ation .or an inlerpreter to ~~ In ib,s proceedIng s uld contcd the C'o/. de.\'s Office at 1561 ) Ui:USt 20. 2010. Affiant further says that the said The Post is a newspaper 42 . at least th"", day'i ~rior 10 the dote of the hearing. The assessment lblished at West Palm Beach, in said Palm Beach County, Florida, and that the lor eacn ~. Qf F!f'9P.:!'I'ly wi . be ~ eacn parcel'. Classification and " the 10101 number of I:iiUullI umts atlri 10 that lircel. The proposed lire : lid newspaper has heretofore been continuously published in said Palm Beach rescue assessment schedule lor Fiscal Year 2010-20 1 is os 1011oWs: ~ P~ Use Category Rale P8!' [)w"jling Unit ounty, Florida, daily and Sunday and has been entered as second class mail R....dentia/ $68.00 ,atter at the post office in West Palm Beach, in said Palm Beach County, Non-Residential Property Use Categories Role P8!' ~lJQre foot Commercial . r6 lorida, for a period of one year next preceding the first publication of the Industrial/Warehoose 0.0.<1 Institutional 0.17 tached copy of advertisement; and affiant further says that she/he has neither Nu"ing Home 0.17 Capies. of the fir:" . Rescue Asses""'7"t .Ordinance, .IM Initial Agreemet]t lid nor promised any person, firm or corporation any discount rebate, Resolu"k:l, the Preliminary Rate Resolu't1c and the Prehmll~ As$essment roll )mmission or refund for the purpose of securing this advertisement for are <MIi Ie lor in<eedion at the Cit:; '. Office in Cily , located all 00 East Boynlon Beach BouleYard, Boyn Beach, FIorda. lblication in the said newspaper. Also published in Martin and St. Lucie The fin. rescue nan-ml valorem as....sment will be coIlecIed on the ad "",Iorem lox billed to be mailedNavernber 2010. Fo~un. 10 pay the assessments will ounties. couse a fax cerlificale fa be issued against the properly, which may result in a loss 01 title. rf) If m have any :l.ueslions, please cpnfad the Hnance ~r1n)ent at (5611 742- 6 10, MondaY rough Thursday between 7:00 a.m. arid 6:00 p.m. ~ I i T~ f I I J e 'I I worn to and subscribed before 20th day of August, A.D. 2010. J ~ -{ j rho is personally known to me. / { i , [----1 I " l 1 I ~ I / ( /1C) ---,-+-~ I h }tvl~ j . I ..J I I ( i 1. i i . / I ..;". ......-~------.- ~--j-- ) I i -'- !----.-.-.. --i--j I LegonG ~m___ -i / D",,- I .,.".,-. - OTARY I'UBUC~ATE OF FLORIDA I j~ ~""r' Karen M. McLinton I ! i ~ : Commission #DD832672 I ......;/ Expires: NOV. 15, 2012 "ff lNDED THRU ATIA'lTIC llONIlnt'G co., lNC. .~ .~JJ 4~ ! r Cq of Boynton Beach CITY COMMIS5lON CITY OF BOYNTON BEACH, flORlOA PUB: The Palm Beach Post I August 20, 2Q10 APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Mayor of the City of Boynton Beach, or authorized agent of the City of Boynton Beach, Florida (the "City"); as such, I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for fire rescue services (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 to 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 Palm Beach County Tax Collector by September 15,2010. . IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Palm Beach County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll, this 1'3 day of ~Te.M l"lc-" r ,2010. CITY OF BOYNTON BEACH, FLORIDA ~~E:~~r- [To be delivered to Palm Beach County Tax Collector by September 15] . City of Boynton Beach, Florida Fire Assessment Application for Determination of Eligibility for H.E.L.P. FISCAL YEAR 2010-2011 NAME: (LAST) (FIRST) SOCIAL SECURITY NUMBER: - - TELEPHONE # ADDRESS: (STREET) (CITY) (STATE) (ZIP) FOR EACH PERSON WHO RESIDES WITH YOU AT THE ABOVE ADDRESS, LIST THEIR NAME, AGE AND RELATIONSHIP TO YOU BELOW OR ON AN ATTACHED SHEET, IF NEEDED: -----~_. (AGE) (RELATIONSHIP) (NAME) (NAME) (AGE) (RELATIONSHIP) I CERTIFY THAT I AM A RESIDENTIAL PROPERTY OWNER AND I MEET ONE (1) OF THE CRITERIA CHECKED IN THE BOX BELOW FOR WHICH I AM REQUESTING ELIGIBILITY FOR H.E.L.P. (Provide a copy of your 2010 Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments) (PLEASE CHECK THE APPROPRIA TE BOX FOR WHICH YOU ARE REQUESTING ELIGIBILITY FOR H.E.L.P.) o I am a totally disabled veteran AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) o I am the surviving spouse of a totally disabled veteran AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) o I am a disabled veteran confined to a wheelchair AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section196.091. (Provide copy of disability letter from the government or a physician) o I am permanently and totally disabled AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.101. (Provide copy of disability letter from the government or a physician) o I meet the U.S. Department of Health & Human Services (HHS) Poverty Guidelines listed on Page 2 of this Application. (Provide a copy of your last two (2) years (2008 & 2009) Federal Income Tax Forms) OR IF YOU DID NOT FILE INCOME TAXES FOR THE PAST (2) YEARS (Provide a copy of your last three (3) months bank statements for all accounts) NOTE: The City may require additional information to determine eligibility. (Please complete and sign Page 2 of this Application) Fire Assessment Application for Determination of Eligibility for H.E.L.P. Page 2 Please explain the financial hardship that makes it difficult or impossible for you to pay this year's Fire Assessment Amount as levied on the attached Notice from Palm Beach County. Under penalty of perjury, I hereby swear or affirm that the information I am submitting is true, complete and correct in order to determine my eligibility for H.E.L.P. Applicant's signature Date DETERMINING IF YOU MEET HHS POVERTY GUIDELINES 2009 HHS Poverty Guidelines PLEASE NOTE WHAT INCOME TO INCLUDE Size of Poverty Income used to calculate if you meet poverty Family Unit Guideline level status includes the following sources: 1 $ 10,830 2 $ 14,570 Wages, unemployment compensation, Social 3 $ 18,310 Security, Supplemental Social Security 4 $ 22,050 Income, public assistance, veterans' 5 $ 25,790 payments, survivor benefits, pension or 6 $ 29,530 retirement income, interest, dividends, rents, 7 $ 33,270 royalties, income from estates, trust, 8 $ 37,010 For each additional person, add $ 3,740 educational assistance, alimony, child support, Source: Federal Register, Vol. 74, No. 14, assistance from outside the household, and January 23,2009, pp. 4199-4201 other miscellaneous sources. CITY REVIEW PROCESS: ~ Applicant submits application to City of Boynton Beach, Financial Services Department, P.O. Box 310, Boynton Beach FL 33425-0310 postmarked or delivered no later than November 1, 2010. ~ The Hardship Waiver Review Committee reviews application. The Committee includes the City Manager or designee, the Finance Director or designee and a third member appointed by the City Commission. ~ The Committee's decision to grant a waiver or deferral must be by a majority vote of the Committee. ~ Once the Committee makes a determination, the applicant will be notified in writing of the Committee's decision. The decision of the Committee is final. PLEASE SIGN AND RETURN THIS COMPLETED APPLICATION, ALONG WITH YOUR 2010 TAX NOTICE FROM PALM BEACH COUNTY AND THE REQUIRED DOCUMENTATION FOR THE BOX CHECKED ON PAGE 1 OF THIS APPLICATION TO: City of Boynton Beach Financial Services Department P.O. Box 310 -100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 (561) 742-6310