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Fire Assessment
c,%Ty per. , CITY OF BOYNTON BEACH o AGENDA ITEM REQUEST FORM ti Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ August 21,2007 August 6,2007 (Noon.) ❑ October 16,2007 October 1,2007(Noon ❑ September 4,2007 August 20,2007 (Noon) El November 7,2007 October 15,2007 (Noon) ❑ September 18,2007 September 3,2007 (Noon) ❑ November 20,2007 November 5,2007(Noon) ❑ October 2,2007 September 17,2007(Noon) ❑ December 4,2007 November 19,2007 (Noon) ❑ Announcements/Presentations ❑ City Manager's Report NATURE OF ❑ Administrative ❑ New Business AGENDA ITEM ❑ Consent Agenda ® Legal ❑ Code Compliance&Legal Settlements ❑ Unfinished Business ® Public Hearing ❑ For Special City Commission Meeting of September 13, 2007 RECOMMENDATION: To approve a Final Rate Resolution for the Fire Assessment EXPLANATION: The staff has analyzed the projected revenue needs for the Fire Assessment for FY 2007-08. The City's Consultant prepared an analysis of housing counts and has recommended that the City stay at the 2006-07 levels so to not increase the rate for single and multiple family,and commercial properties. The methodology for assessment of non-residential is the same as the 2006-07 rate system tiered rate system). The City Commission adopted a preliminary rate resolution on July 17,2007 and notices to property owners were sent out. The mailed notices have been sent out and the advertisement for the public hearing was published on August 20,2007. A public hearing on the final 2007-08 Fire Assessment rate will be conducted on Thursday,September 13,2007. At that time the City Commission may elect to affirm the 2007-08 Fire Assessment Rates or reduce them. PROGRAM IMPACT: A public hearing is required under state law to consider the adoption of the Final Assessment Resolution. FISCAL IMPACT: The single-family residential rate stays at$70.00. The multi-family rate stays at$42.00. The Commercial and Industrial Rates are at the same tiered rates as 2006-07. ALTERNATIVES: All funding for the station 5 project would have to com out of CIP funds. 1/41,1? Department Head's Signature City Manager Signature Assistant to City Manager Department Name City Attorney/Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC The Citj of Bojnton Beach r yr City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 trr- vr FAX (561) 742-6090 tiT© .�`�' e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org SPECIAL CITY COMMISSION MEETING COMMISSION CHAMBERS - CITY HALL SEPTEMBER 13, 2007 @ 6:30 P.M. AGENDA I. Call to Order — Mayor Jerry Taylor II. Public Hearing on Fire Assessment III. Adoption of Proposed Resolution No. R07-104 Re: Relating to the provision of Fire Rescue Services, facilities and programs in the City of Boynton Beach, Florida; amending the preliminary rate resolution; reimposing fire rescue assessments against assessed property located within the City of Boynton Beach for the fiscal year beginning October 1, 2007; approving the rate of assessment; approving the assessment roll; and providing an effective date IV. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM,OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Special City Commission—Fire Assessment 9/13/07 5:\CC\WP\CCAGENDA\AGENDAS\Year 2007\091307 - Fire Assessment Public Hearing.doc America's Gateway to the Gulfstream TALLAHASSEE _Nabors TAMPA Suite 200 . The Pointe,Suite 1060 1500 Mahan Drive ' 2502 Rocky Point Drive Tallahassee:Florida 32308 GIblln ) Tampa,Florida 33607 (850)224-4070 Tel N1ckerson . (813)281-2222 Tel (850)224-4073 Fax P A• (813)281-0129 Fax ATTORNEYS AT LAW Via Electronic Mail MEMORANDUM TO: Kurt Bressner, City Manager Jim Cherof, City Attorney Bill Bingham, Fire Chief Lori Laverriere, Acting Finance Director FROM: Heather J. Encinosa DATE: September 4, 2007 RE: Fire Rescue Assessment Annual Rate Resolution Enclosed please find the final version of the Annual Rate Resolution (the "Resolution") for the City's annual Fire Rescue Assessment Program. We understand that the City Commission is proposing to take action on the resolution on Thursday, September 13, 2007. As a friendly reminder, Mr. Bressner will need to execute the Affidavit of Mailing at Appendix A and the Proof of Publication inserted at Appendix B prior to the Resolution's adoption. Please let me know if you need any further assistance. Very truly yours, /-. fes, &e,e;reeo. Heather J. Encinosa HJE:sib Attachment 3 4 5 6 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 12 14 15 16 17 18 19 FIRE RESCUE ASSESSMENT 20 ANNUAL RATE RESOLUTION 21 FOR 22 FISCAL YEAR BEGINNING OCTOBER 1, 2007 23 24 25 28 29 30 31 32 33 ADOPTED SEPTEMBER 13, 2007 34 35 36 37 1 TABLE OF CONTENTS 2 3 Page 4 5 SECTION 1. AUTHORITY. 3 6 SECTION 2. DEFINITIONS AND INTERPRETATION 3 7 SECTION 3. REIMPOSITION OF FIRE RESCUE ASSESSMENTS. 3 8 SECTION 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION 6 9 SECTION 5 EFFECT OF ADOPTION OF RESOLUTION. 6 10 SECTION 6. SEVERABILITY 7 11 SECTION 7. EFFECTIVE DATE 7 12 13 14 15 16 APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED 17 TO PROPERTY OWNERS A-1 18 APPENDIX B: PROOF OF PUBLICATION B-1 19 APPENDIX C: FORM OF CERTIFICATE TO NON-AD 20 VALOREM ASSESSMENT ROLL C-1 21 22 1 CITY OF BOYNTON BEACH, FLORIDA 2 3 RESOLUTION NO. R07- G O Li 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, RELATING TO THE PROVISION OF FIRE 7 RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE 8 CITY OF BOYNTON BEACH, FLORIDA; AMENDING THE 9 PRELIMINARY RATE RESOLUTION; REIMPOSING FIRE 10 RESCUE ASSESSMENTS AGAINST ASSESSED 11 PROPERTY LOCATED WITHIN THE CITY OF BOYNTON 12 BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 13 2007; APPROVING THE RATE OF ASSESSMENT; 14 APPROVING THE ASSESSMENT ROLL; AND PROVIDING 15 AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of Boynton Beach, Florida (the "City 18 Commission"), has enacted Ordinance No. 01-34 (the "Ordinance") and Amending Fire 19 Rescue Assessment Ordinance (Ordinance No. 01-56) (collectively referred to as the 20 "Ordinance"), which authorizes the imposition of Fire Rescue Assessments for fire rescue 21 services, facilities, and programs against Assessed Property located within the City; 22 WHEREAS, the reimposition of a Fire Rescue Assessment for fire rescue services, 23 ! facilities, and programs each fiscal year is an equitable and efficient method of allocating 24 and apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; 25 WHEREAS, the City Commission desires to reimpose a Fire Rescue Assessment 26 within the City using the procedures provided by the Ordinance, including the tax bill 27 collection method for the Fiscal Year beginning on October 1, 2007; 28 WHEREAS, the City Commission, on July 17, 2007, adopted Resolution No. R07- 29 082 (the "Preliminary Rate Resolution"), containing and referencing a brief and general 30 description of the fire rescue facilities and services to be provided to Assessed Property, 1 1 describing the method of apportioning the Fire Rescue Assessed Cost to compute the Fire 2 Rescue Assessment for fire rescue services, facilities, and programs against Assessed 3 Property, estimating a rate of assessment, and directing the updating and preparation of 4 the Assessment Roll, provision of published notice required by the Ordinance and mailed 5 notice if circumstances described in Section 2.08(F) of the Ordinance so require; 6 WHEREAS, in order to reimpose Fire Rescue Assessments for the Fiscal Year 7 beginning October 1, 2007, the Ordinance requires the City Commission to adopt an 8 Annual Rate Resolution, during its budget adoption process for each Fiscal Year, which 9 establishes the rate of assessment and approves the Assessment Roll for the upcoming 10 Fiscal Year, with such amendments as the City Commission deems appropriate, after 11 hearing comments and objections of all interested parties; 12 WHEREAS, the updated Assessment Roll has heretofore been made available for 13 inspection by the public, as required by the Ordinance; 14 WHEREAS, as required by the terms of the Ordinance, which provides notice to all 15 interested persons of an opportunity to be heard, notice of a public hearing has been 16 published; the proof of publication being attached hereto as Appendix B; 17 WHEREAS, as additionally required by the terms of the Ordinance, notice of a public 18 hearing has been mailed to all Owners of Assessed Property using the notice of proposed 19 property taxes under section 200.069, Florida Statutes, the truth-in-millage notification; an 20 affidavit regarding the form of notice mailed being attached hereto as Appendix A; and 21 WHEREAS, a public hearing was held on September 13, 2007, and comments and 22 objections of all interested persons have been heard and considered as required by the 23 terms of the Ordinance. 2 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 2 CITY OF BOYNTON BEACH, FLORIDA: 3 SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of 4 Ordinance No. 01-34 and Ordinance No. 01-56, (collectively referred to as the 5 "Ordinance"), Resolution No. R01-217 (the "Initial Assessment Resolution"), Resolution No. 6 R01-249 (the "Final Assessment Resolution"), Resolution No. R07-082, (the "Preliminary 7 Rate Resolution"), Article VIII, Section 2, Florida Constitution; sections 166.021 and 8 166.041, Florida Statutes, and other applicable provisions of law. 9 SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes 10 the Annual Rate Resolution as defined in the Ordinance. All capitalized terms in this 11 resolution shall have the meanings defined in the Ordinance, the Initial Assessment 12 Resolution, the Final Assessment Resolution, and the Preliminary Rate Resolution. 13 SECTION 3. REIMPOSITION OF FIRE RESCUE ASSESSMENTS. 14 (A) The parcels of Assessed Property described in the Assessment Roll, as 15 updated, which is hereby approved, are hereby found to be specially benefited by the 16 , provision of the fire rescue services, facilities, and programs described or referenced in the 17 Preliminary Rate Resolution in the amount of the Fire Rescue Assessment set forth in the 18 updated Assessment Roll, a copy of which was present or available for inspection at the 19 above referenced public hearing and is incorporated herein by reference. It is hereby 20 ascertained, determined and declared that each parcel of Assessed Property within the City 21 will be specially benefited by the City's provision of fire rescue services, facilities, and 22 programs in an amount not less than the Fire Rescue Assessment for such parcel, 23 computed in the manner set forth in the Preliminary Rate Resolution. Adoption of this 24 Annual Rate Resolution constitutes a legislative determination that all parcels assessed 3 • 1 derive a special benefit in a manner consistent with the legislative declarations, 2 determinations and findings as set forth in the Ordinance, the Initial Assessment 3 Resolution, the Final Assessment Resolution, and the Preliminary Rate Resolution, from 4 the fire rescue services, facilities, or programs to be provided and a legislative 5 determination that the Fire Rescue Assessments are fairly and reasonably apportioned 6 among the properties that receive the special benefit as set forth in the Preliminary Rate 7 Resolution. 8 (B) The method for computing Fire Rescue Assessments described and 9 referenced in the Preliminary Rate Resolution is hereby approved. The Parcel 10 Apportionment methodology adopted in Section 6 of the Preliminary Rate Resolution is 11 hereby approved. 12 (C) For the Fiscal Year beginning October 1, 2007, the estimated Fire Rescue 13 Assessed Cost to be assessed is $3,027,215.00. The Fire Rescue Assessments to be 14 assessed and apportioned among benefited parcels pursuant to the Cost Apportionment 15 and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the 16 Fiscal Year commencing October 1, 2007, are hereby established as follows: 4 RESIDENTIAL PROPERTY USE Rate Per CATEGORIES Dwelling Unit Single Family Residential $70 Multi-Family Residential $42 NON-RESIDENTIAL Building PROPERTY USE Classification (in Industrial/ 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 1 2 (D) In addition, the City Manager shall seek the collection of any delinquency or 3 past due amounts attributable to each Tax Parcel for Fire Rescue Assessments imposed, 4 but erroneously omitted, during Fiscal Year 2006-2007, along with the estimated Fire 5 Rescue Assessment for such Tax Parcel as approved herein. 6 (E) The above rates of assessment are hereby approved. Fire Rescue 7 Assessments for fire rescue services, facilities, and programs in the amounts set forth in 8 the updated Assessment Roll, as herein approved, are hereby levied and reimposed on all 9 parcels of Assessed Property described in such Assessment Roll for the Fiscal Year 10 beginning October 1, 2007. 11 (F) No Fire Rescue Assessment shall be imposed upon a parcel of Government 12 Property or upon a Building located on a parcel of Institutional Property whose Building use 13 is wholly exempt from ad valorem taxation under Florida law. Any shortfall in the expected 14 Fire Rescue Assessment proceeds due to any reduction or exemption from payment of the 15 Fire Rescue Assessments required by law or authorized by the City Commission shall be 16 supplemented by any legally available funds, or combination of such funds, and shall not be 5 1 paid for by proceeds or funds derived from the Fire Rescue Assessments. 2 (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue 3 Assessments are also levied and imposed against all property for which a Certificate of 4 Occupancy is issued after adoption of this Annual Rate Resolution based upon the rates of 5 assessment approved herein. 6 (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property 7 so assessed equal in rank and dignity with the liens of all state, county, district or municipal 8 taxes and other non-ad valorem assessments. Except as otherwise provided by law, such 9 lien shall be superior in dignity to all other liens, titles and claims, until paid. 10 (I) The Assessment Roll, as herein approved, together with the correction of any 11 errors or omissions as provided for in the Ordinance, shall be delivered to the Tax Collector 12 for collection using the tax bill collection method in the manner prescribed by the 13 Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied 14 by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached 15 hereto as Appendix C. 16 SECTION 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION. The 17 Preliminary Rate Resolution is hereby confirmed. 18 SECTION 5 EFFECT OF ADOPTION OF RESOLUTION. The adoption of this 19 Annual Rate Resolution shall be the final adjudication of the issues presented (including, 20 but not limited to, the determination of special benefit and fair apportionment to the 21 Assessed Property, the method of apportionment and assessment, the rate of assessment, 22 the Assessment Roll and the levy and lien of the Fire Rescue Assessments), unless proper 23 steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days 24 from the date of this Annual Rate Resolution. 6 1 SECTION 6. SEVERABILITY. If any clause, section or other part of this resolution 2 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such 3 unconstitutional or invalid part shall be considered as eliminated and in no way effecting the 4 validity of the other provisions of this resolution. 5 SECTION 7. EFFECTIVE DATE. This Annual Rate Resolution shall take effect 6 immediately upon its passage and adoption. 7 PASSED, ADOPTED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 2007. 8 9 10 Mayor— Jerry Taylor 11 12 13 14 Vice Mayor— Jose Rodriguez 15 16 17 18 Commissioner— Ronald Weiland 19 20 21 22 Commissioner— Mack McCray 23 24 25 26 i Commissioner— Carl McKoy 27 ATTEST: 28 29 30 I 31 Janet M. Prainito 32 City Clerk 33 34 APPROVED AS TO FORM AND CORRECTNESS: 35 36 37 38 James A. Cherof 39 City Attorney 7 1 2 3 4 5 6 7 8 9 APPENDIX A 10 11 AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS CITY OF BOYNTON BEACH, FLORIDA PRELIMINARY RATE RESOLUTION Ro - cs9\ ADOPTED JULY 17, 2007 TABLE OF CONTENTS Page SECTION 1. AUTHORITY. 1 SECTION 2. PURPOSE AND DEFINITIONS. 1 SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES. 2 SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS. 2 SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. 2 SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT METHODOLOGIES. 3 SECTION 7. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES. 3 SECTION 9. AUTHORIZATION OF PUBLIC HEARING 5 SECTION 10. NOTICE BY PUBLICATION. 6 SECTION 11. NOTICE BY MAIL. 6 SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS. 7 SECTION 13. EFFECTIVE DATE 7 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 APPENDIX D: REVISED IMPROVEMENT CODES D-1 CITY OF BOYNTON BEACH, FLORIDA RESOLUTION NO. R 07- oBa. 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, 2007; 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, 2007. 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. 1 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. 2 SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT METHODOLOGIES. (A) Except as provided herein, 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. (B) Due to a scrivener's error, Appendix E, Section E-2(F), of the Initial Assessment Resolution, as confirmed by the Final Assessment Resolution, is hereby amended as follows: (F) For each of the non-residential Property Use Categories, multiply the resulting quotients from subsection (A) (E) of this Section by each of the respective products in subsections (C)(1) through (C)(9) of this Section. The resulting products for each non-residential Property Use Category expresses a series of gross dollar amounts expected to be funded by all Buildings in the respective non- residential Property Use Categories in each of the square footage categories described in subsection (B) of this Section. [ indicates deletion; underline indicates additions.] (C) Due to the addition of a new building use code assigned by the Property Appraiser to Tax Parcels within the City, a new list of Improvement Codes is attached hereto as Appendix D 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, 2007, is the amount determined in the 3 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, 2007. 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. (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, 2007 as provided in Section 8 of this Preliminary Rate Resolution. (D) In addition, the City Manager shall seek the collection of any delinquency or past due amounts attributable to each Tax Parcel for Fire Protection Assessments imposed, but erroneously omitted, during Fiscal Year 2006-2007, along with the estimated Fire Rescue Assessment for such Tax Parcel as approved and applied in accordance with this Preliminary Rate Resolution. 4 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, 2007, 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, 2007 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 13, 2007, 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 5 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, 2007 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 23, 2007, 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 23, 2007. (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 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 (B). 6 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 17th day of July, 2007. I ,..4/ / 1 . Gerald Taylor, May, Vice Mayor ji .7,- .--- - IllOrv/101401, --C• '-m si.• . Y 0 Commis: one _ Z11 °: '. - L . J ;QZvGomrhssoner YEN 8 CR yn . P - • 110 et Prainito, City Clerk APPROVED AS TO FORM AND CORRECTNESS: JO Ai / / ' o, i Ja A;s A. Cherof Ci: a ttorney 7 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, 2007, is $3,027,215.00. 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, 2007, 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 Industrial/ 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 (B) The amount any Tax Parcel has in a delinquent or amount due of the Fire Rescue Assessment shall be collected along with the applicable rate as outlined in A-1 Section A-2(A) above for that Tax Parcel for the Fiscal Year commencing October 1, 2007. (C) No Fire Rescue Assessment shall be imposed upon a parcel of Government Property or upon Buildings located upon parcels of Institutional Property whose Building use is wholly exempt from ad valorem taxation under Florida law. (D) 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. A-2 APPENDIX B FORM OF NOTICE TO BE PUBLISHED APPENDIX B FORM OF NOTICE TO BE PUBLISHED To Be Published No Later Than August 23, 2007 [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, 2007. The hearing will be held at 6:30 p.m. on September 13, 2007, 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 Janet Prainito in the City Clerk's office at (561)742-6013 at least 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. B-1 RESIDENTIAL PROPERTY USE Rate Per CATEGORIES Dwelling Unit Single Family Residential $70 Multi-Family Residential $42 NON-RESIDENTIAL Building Nursing USE Classification (in Industrial/ 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 updated 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 2007, 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 Finance Department at (561)732- 6310, Monday through Friday between 9:00 a.m. and 5:00 p.m. CITY CLERK OF BOYNTON BEACH, FLORIDA B-2 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 CITY OF BOYNTON BEACH, FLORIDA Boynton Beach, Florida [zip code] NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 23, 2007 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 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 $3,027,215.00 for fiscal year October 1, 2007 - September 30, 2008. 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 and type of billing units on the above parcel is The annual Fire Rescue Assessment for the above parcel is $ for fiscal year 2007-08 and future fiscal years. The delinquent fire rescue assessment for the above parcel is $ A public hearing will be held at 6:30 p.m. on September 13, 2007, 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 C-1 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 Janet Prainito in the City Clerk's office at (561)742-6013 at least 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. 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 updated 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 Finance Department at (561)732-6310, Monday through Friday between 9:00 a.m. and 5:00 p.m. * * * * THIS IS NOTA BILL * * * ** C-2 APPENDIX D REVISED IMPROVEMENT CODES APPENDIX D REVISED IMPROVEMENT CODES SOC ,r DESCRIPTION CATEGORY:; 000 VACANT NOT USED 0100 SFR RESIDENTIAL 10101 SFR HMSTD RESIDENTIAL 0200 SFT-MFG RESIDENTIAL 0300 SFR-ZERO LOT RESIDENTIAL 0400 TWNHSE-VILLA MULTI-FAMILY 0402 DOCKUMINIUM NOT USED 10410 TOWNHOUSE MULTI-FAMILY 0420 TIMESHARE RESIDENTIAL 10430 ZERO LOT LINE RESIDENTIAL 10440 CONDO MULTI-FAMILY 10460 CONDO COMM COMMERCIAL 10500 EXC-ZERO LOT RESIDENTIAL 0510 CO-OP MULTI-FAMILY 1060 EFFICIENCY APARTMENT MULTI-FAMILY 10600 RENTAL UNIT RESIDENTIAL 10700 EXC TWHSENILLA RESIDENTIAL 1 10800 MOBILE HOME RESIDENTIAL 10801 MOBILE HOME-HX RESIDENTIAL 0900 EXC-RESIDENT RESIDENTIAL 0901 EXC-RES HMSTD RESIDENTIAL 0909 EXC-LUX.RES RESIDENTIAL 11000 CONDO L.RISE MULTI-FAMILY 1101 RESIDENTIAL 1 FAMILY RESIDENTIAL 1102 RESIDENTIAL 2 FAMILY MULTI-FAMILY 1 1103 RESIDENTIAL 3 FAMILY MULTI-FAMILY 1104 RESIDENTIAL 4 FAMILY MULTI-FAMILY 106 CONDO COMMON ELEMENT NOT USED 1107 CONDO FEE SIMPLE MULTI-FAMILY 11100 CONDO H. RISE MULTI-FAMILY 1170 DORMITORY MULTI-FAMILY '1700 DORMITORY MULTI-FAMILY 210 APARTMENTS MULTI-FAMILY ,220 APARTMENTS LOW RISE MULTI-FAMILY 12200 MFR LOW RISE MULTI-FAMILY 230 APARTMENTS HIGH RISE MULTI-FAMILY 240 APARTMENTS-TOWNHOUSE MULTI-FAMILY 12500 MFR ROW HOUSE MULTI-FAMILY 1260 APARTMENTS-SENIOR MULTI-FAMILY 12700 DUPLEX MULTI-FAMILY 1 2701 )DUPLEX HMSTD MULTI-FAMILY 2800 'DUPLEX MULTI-FAMILY 1 D-1 811 'QESCRIPTION I` •,; a��Y.:;` ::CATEGOR`rx ' 2900 (QUADRAPLEX MULTI-FAMILY 1301 SFR CONVERTED TO COMMERCIAL COMMERCIAL 1340 COMMERCIAL MIXED USE COMMERCIAL 1350 RETAIL SINGLE OCCUP COMMERCIAL 351 (DRUG STORE FREESTANDING COMMERCIAL 355 (OFFICE CONDOMINIUM COMMERCIAL 356 {RETAIL CONDOMINIUM COMMERCIAL 1360 DISCOUNT DEPT STORE COMMERCIAL 1362 IVETERINARY CLINIC COMMERCIAL 1364 HOME IMPROVEMENT COMMERCIAL 1365 FURNITURE STORE COMMERCIAL 1370 DEPARTMENT STORES COMMERCIAL 371 DOWNTOWN ROW TYPE COMMERCIAL 1374 RETAIL MULTI OCCUP COMMERCIAL 375 RETAIL DRIVE-UP COMMERCIAL 380 STRIP SHOPPING CNTR COMMERCIAL 390 COMM SHOPPING CENTER COMMERCIAL 392 LUMBER STORAGE COMMERCIAL 395 TRUCK TERMINAL COMMERCIAL 1400 REGIONAL SHPMALL/CNT COMMERCIAL 1410 SUPER REG SHOPMALL COMMERCIAL 420 SUPERMARKET COMMERCIAL 1430 CONVENIENCE FOOD MKT 'COMMERCIAL ;440 HOTEUMOTEL BUSINESS 1COMMERCIAL 1450 RESORT HOTEL COMMERCIAL 1460 HOTEL/MOTEL LO RISE COMMERCIAL 1470 HOTEL-HI RISE COMMERCIAL 1490 OFFICE BLDG UR 1-4S COMMERCIAL 1500 OFFICE H-R 5ST COMMERCIAL 1520 MEDICAL OFFICE BLDG COMMERCIAL 1530 HOSPITALS INSTITUTIONAL 1540 NURSING HOME NURSING HOMES 1550 BAR/TAVERN COMMERCIAL 1551 COCKTAIL LOUNGE COMMERCIAL 1560 RESTAURANT COMMERCIAL 1570 FRANCHISE FOOD COMMERCIAL 1580 BOWLING ALLEY COMMERCIAL 1582 SKATING RINK COMMERCIAL 1583 HEALTH CLUB COMMERCIAL 11587 COUNTRY CLUB COMMERCIAL 589 COUNTRY CLUB/VV GOLF CRSE COMMERCIAL 1590 ARENA COMMERCIAL 1591 GYMNASIUM COMMERCIAL 1592 STADIUM COMMERCIAL 1593 DOG/HORSE TRACK COMMERCIAL 594 RACETRACK COMMERCIAL 1600 AUDITORIUM COMMERCIAL D-2 s._ DE N-;--- CATEGORY 610 CINEMA/THEATER COMMERCIAL 1614 RADIO/TV/ PIC STUDIO COMMERCIAL 1615 LEGITIMATE THEATER COMMERCIAL 620 BANK/MAIN OFFICE COMMERCIAL 630 NEIGHBORHOOD BANK COMMERCIAL 1 ;640 SERVICE STATION NO BAYS COMMERCIAL 1641 SERVICE STATION W/BAYS COMMERCIAL 650 CAR WASH -AUTOMATIC COMMERCIAL 1651 CAR WASH -MANUAL COMMERCIAL 652 CAR WASH SERVICE STATION COMMERCIAL 1660 AUTO SERVICE GARAGE COMMERCIAL 1662 KWIK LUBE COMMERCIAL 1665 GARAGE STORAGE INDUSTRIAL/WAREHOUSE 1670 OFFICE/WAREHOUSE COMMERCIAL 680 FUNERAL HOME COMMERCIAL 690 CLUBHOUSE NOT USED 691 SOCIAL/FRATERNAL HALL INSTITUTIONAL 695 GUARDHOUSE NOT USED 1700 COLD STORAGE INDUSTRIAL/VVAREHOUSE 1710 RAIL/BUS/AIR TERMINAL INDUSTRIAL/WAREHOUSE 1712 TELECOMMUNICATION EQUIPMENT INDUSTRIAL/WAREHOUSE 712 TELEPHONE EQUIPMENT BLDG INDUSTRIAL/WAREHOUSE 715 TELE SRV GAR FACILITY NOT USED 720 PARKING GARAGE/DECK NOT USED 721 RADIO/TV TRANSMITTER BLD INDUSTRIAL/WAREHOUSE 730 DAY CARE CENTER COMMERCIAL 750 AUTO DEALER/F-SERVICE COMMERCIAL 1800 LIGHT MANUFACTURING INDUSTRIAL/WAREHOUSE 1810 HEAVY MANUFACTURING INDUSTRIAL/VVAREHOUSE 1820 WAREHOUSE DISTRIBUTION INDUSTRIALNVAREHOUSE 830 MINI WAREHOUSE INDUSTRIAL/WAREHOUSE 840 WAREHOUSE STORAGE INDUSTRIAL/WAREHOUSE 1841 WAREHOUSE SINGLE TENANT INDUSTRIAL/WAREHOUSE 1850 HANGAR INDUSTRIAL/WAREHOUSE 8500 iHANGER NOT USED 860 BARNS NOT USED 861 RESIDENTIAL BARNS NOT USED 1 870 PREFAB WAREHOUSE INDUSTRIAL/WAREHOUSE 1880 TECHNICAL MANUFACTURING INDUSTRIAL/WAREHOUSE 1 1900 SCHOOL INSTITUTIONAL 1901 COLLEGES/UNIVERSITY INSTITUTIONAL 1 1910 RELIGIOUS INSTITUTIONAL 1912 LIBRARY INSTITUTIONAL 1920 EDUCATION/RELIGIOUS INSTITUTIONAL 1930 GOVERNMENTAL INSTITUTIONAL 1950 POLICE/FIRE STATIONS INSTITUTIONAL 1 960 1CORRECTIONAL INSTITUTIONAL D-3 '151,1C • 1:71406 11,00-Ogiett0,1411,,,'. 111'1'.114,14M/SONSOrtaIX I 970 CULTURAL FACILITIES INSTITUTIONAL D-4 1 AFFIDAVIT OF MAILING 2 3 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner, who, 4 after being duly sworn, deposes and says: 5 1. Kurt Bressner, as City Manager of the City of Boynton Beach, Florida ("City"), 6 pursuant to the authority and direction received from the City Commission, timely directed 7 the preparation of the Assessment Roll and the preparation, mailing, and publication of 8 notices in accordance with Sections 2.03, 2.04, 2.05 and 2.08 of the Fire Rescue 9 Assessment Ordinance adopted by the City Commission on July 11, 2001 (the 10 "Assessment Ordinance") in conformance with the Preliminary Rate Resolution adopted by 11 the City Commission on July 17, 2007 (the "Preliminary Rate Resolution"). The Preliminary 12 Rate Resolution directed and authorized notice by First Class Mail only to affected owners 13 in the event circumstances described in Section 2.08(F) of the Ordinance so required. 14 2. In accordance with the Assessment Ordinance and Chapter 92-264, Laws of 15 Florida, Mr. Bressner timely provided all necessary information for notification of the Fire 16 Rescue Assessment to the Property Appraiser of Palm Beach County to be included as 17 part of the notice of proposed property taxes under section 200.069, Florida Statutes, the 18 truth-in-millage notification. The information provided to the Property Appraiser to be 19 included on the truth-in-millage notification included the following: the purpose of the 20 assessment; the total amount proposed to be levied against each parcel; the unit of 21 measurement to be applied against each parcel to determine the assessment; the number 22 of such units contained within each parcel; the total revenue the City expects to collect by 23 the assessment; a statement that failure to pay the assessment will cause a tax certificate 24 to be issued against the property which may result in a loss of title; a statement that all 25 affected property owners have a right to appear at the hearing and to file written objections A-1 1 with the local governing board within 20 days of the notice; and the date, time, and place of 2 the hearing. 3 FURTHER AFFIANT SAYETH NOT. 4 5 6 Kurt Bressner, affiant 7 8 STATE OF FLORIDA 9 COUNTY OF PALM BEACH COUNTY 10 11 The foregoing Affidavit of Mailing was sworn to and subscribed before me this 12 day of , 2007 by Kurt Bressner, City Manager, City of Boynton Beach, Florida. 13 He is personally known to me or has produced as identification and did take an 14 oath. 15 16 17 Printed Name: 18 Notary Public, State of Florida 19 At Large 20 My Commission Expires: 21 Commission No.: 22 A-2 1 APPENDIX B 2 3 PROOF OF PUBLICATION THE PALM BEACH POST = - - "'°'°'°'° Published Daily and Sunday - e West Palm Beach,Palm Beach County,Florida aV, . 104x:-...4 PROOF OF PUBLICATION a. STATE OF FLORIDA ....1 COUNTY OF PALM BEACH T -- Before the undersigned authority personally appeared Marc Kramer, who on oath _ .. says that he is Inside Sales Supervisor of The Palm beach Post,a daily and Sunday • a Lr,, a newspaper,published at West Palm Beach in Palm Beach County,Florida;that the attached copy of advertising for a Notice in the matter of Fire Assessment was pax • 4 published in said newspaper in the issues of August 19. 2007. Affiant further says 6 ' ° that the said The Post is a newspaper published at West Palm Beach,in said Palm ' t Beach County,Florida,and that the said newspaper has heretofore been continuously °,,•.,... -,� r li published in said Palm Beach County,Florida,daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach,in said Palm Beach County,Florida,for a period of one year next preceding the first publication of the >d i ,';'::.:,-,1--.- attached copy of advertisement;and affiant further says that she/he has neither paid nor ' n promised any person,firm or corporation any discount rebate,commission or refund i � for the purpose of securing this advertisement for publication in the said newspaper, t oe ,...,... � `a Sworn to and subscribed before 20m day of Aug 2W _: „,:rf....1r.-,:-.1:4-.,14,...4t-,, J--1 liu Personally known MY.or Produced Identification •"'"°' Type of Identification Produced - - ` NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE ,o,c,'k Karen Ni.McLinton SPECIAL ASSESSMENTS f=, •k:CaraahsiN0' 15,59566 . -Lsp.es:NOV 2008 Notice is hereby given that the City Commission of the City of Boynton Beach will conduct a public 1.:.0.1'. Bonded nen hearingto consider reimposing fire rescue special assessments for the provision of fire rescue services ',.°i' mimic unseen co.,lnc. g within the City of Boynton Beach for the Fiscal Year beginning October 1,2007. The hearing will be held at 6:30 p.m.on September 13,2007,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 Joyce Costello in the City Manager's office at (561)742-6013 at least 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. RESIDENTIAL PROPERTY USE Rate Per CATEGORIES Dwelling Unit Single Family Residential $70 Multi-Family Residential $42 NON-RESIDENTIAL Building PROPERTY USE Classification(ln Industrial/ Nursing CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes 51,999 $ 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 a 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 Assesfinent Resolution (Resolution No. RO1-217), 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 updated 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 2007,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 Finance Department at(561)742-6312,Monday through Friday between 9:00 a.m.and 5:00 p.m. CITY CLERK OF BOYNTON BEACH,FLORIDA PUBLISH:Auaust 19. 2007 1 APPENDIX C 2 3 FORM OF CERTIFICATE TO 4 NON-AD VALOREM ASSESSMENT ROLL 1 CERTIFICATE 2 TO 3 NON-AD VALOREM ASSESSMENT ROLL 4 5 6 I HEREBY CERTIFY that, I am the Mayor of the City of Boynton Beach, or 7 authorized agent of the City of Boynton Beach, Florida (the "City"); as such I have satisfied 8 myself that all property included or includable on the non-ad valorem assessment roll for 9 fire rescue services (the "Non-Ad Valorem Assessment Roll") for the City is properly 10 assessed so far as I have been able to ascertain; and that all required extensions on the 11 above described roll to show the non-ad valorem assessments attributable to the property 12 listed therein have been made pursuant to law. 13 14 I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection 15 Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be 16 delivered to the Palm Beach County Tax Collector by September 15, 2007. 17 18 IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to 19 be delivered to the Palm Beach County Tax Collector and made part of the above 20 described Non-Ad Valorem Assessment Roll this day of , 2007. 21 22 CITY OF BOYNTON BEACH, FLORIDA 23 24 25 26 By: 27 Mayor 28 29 30 [to be delivered to Palm Beach County Tax Collector 31 prior to September 15] 32 33 34 35 C-1