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R01-249CITY OF BOYNTON BEACH, FLORIDA FINAL ASSESSMENT RESOLUTION ADOPTED NOVEMBER 6, 2001 TABLE OF CONTENTS Page SECTION 1. SEC'lION2. SECTION,3. SECTION 4. SECTION' 5. SECTION 6. SECTION 7. SECTION 8. AUTHORITY .................................................................................... 3 DEFINITIONS AND INTERPRETATION ....................................... 3 AMENDMENT OF INTIAL ASSESSMENT RESOLUTION .............. 3 IMPOSITION OF FIRE RESCUE ASSESSMENTS ......................... 4 CONFIRMATION OF INITIAL ASSESSMENT RESOLUTI ON ........ 7 EFFECT OF ADOPTION OF RESOLUTION ................................... 7 SEVERABILITY ............................................................................... 8 EFFECTIVE DATE .......................................................................... 9 APPENDIX A: APPENDIX B: APPENDIX C: APPENDIX D: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS .......................................................... A-1 PROOF OF PUBLICATION ......................................................... B-1 REVISED IMPROVEMENT CODES ........................................... C-1 AFFIDAVIT OF SUPPLEMENTAL MAILING .............................. D-1 RESOLUTION NO. R01- ~ L~c~ CITY OF BOYNTON BEACH, FLORIDA 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; AMENDING THE INITIAL ASSESSMENT RESOLUTION; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of Boynton Beach, Florida (the "City Commission"), has enacted Ordinance No. 01-34 (the "Ordinance"), which authorizes the imposition of Fire Rescue Assessments for fire rescue services, facilities, and programs against Assessed Property located within the City; WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services, facilities, and programs each fiscal year is an equitable and efficient method of allocating and apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; WHEREAS, the City Commission desires to implement a Fire Rescue Assessment program and impose a Fire Rescue Assessment in the City using the procedures provided by the Ordinance for the Fiscal Year beginning on October 1, 2001; WHEREAS, the City Commission, on July11, 2001, adopted Resolution No. R01-217(the "Initial Assessment Resolution"); WHEREAS, the Initial Assessment Resolution contains and references a brief and general description of the fire rescue services, facilities and programs to be provided to Assessed Property; describes the method of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment for fire rescue services, facilities, and programs against Assessed Property; estimates rates of assessment; and directs the updating and preparation of the Assessment Roll and provision of the notice required by the Ordinance; WHEREAS, in order to im pose Fire Rescue Assessments for the Fiscal Year beginning October 1,2001, the Ordinance requires the City Commission to adopt a Final Assessment Resolution which establishes the rates of assessment and approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties; WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; WHEREAS, notice of a public hearing has been published and mailed, as required by the terms of the Ordinance, which provides notice to all interested persons of an opportunity to be heard; an affidavit regarding the form of notice mailed being attached hereto as Appendix A and the proof of publication being attached hereto as Appendix B; WHEREAS, a public hearing was held on September 4, 2001, and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; WHEREAS, in consideration of comments and objections of interested persons during the notice period and at the public hearing and in consideration of omissions made in the unit counts for Multi-Family Residential Property, the City Commission continued the hearing to October 16, 2001, and directed that all adversely affected property owners be 2 provided an additional first class notice; an affidavit regarding the form of notice mailed being attached hereto as Appendix D. 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 Ordinance No. 01-34; Resolution No. R01-217; Article VIII, Section 2, Florida Constitution; sections 166.021 and 166.041, Florida Statutes; and other applicable previsions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes the Final Assessment Resolution as defined in Ordinance No. 01-34. All capitalized terms in this resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution, as amended and supplemented hereby. SECTION 3. AMENDMENT OF INITIAL ASSESSMENT RESOLUTION. (A) Due to a scdvener's error in the Initial Assessment Resolution, the incorrect location for the public hearing was included in the resolution. Notwithstanding, the correct location was included in both the published and mailed notices. Accordingly, Section 11 of the Initial Assessment Resolution is hereby amended as follows: SECTION 11. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public headng to be held at 6:30 p.m. on September 4, 2001, in the City Corem!colon Ch~mbcrc cf CJt~,' Hz!l, 190 E~st Bc~,'ntcn ~cu!cvcrd, Boynton Beach Community Hi.qh School, 4975 Park Ridge Boulevard, Boynton Beach, Florida, at which time the 3 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, (Cmos thmughs represent deletions: underscores represent additions.) (B) Due to a scdvener's error, an incomplete table of Improvement Codes was attached to the Initial Assessment Resolution. The Improvement Codes attached as Appendix B to the Initial Assessment Resolution included only those Buildings designated as Single Family Residential and Multi-Family Residential. The Code Designations for Commercial, Industdal/VVarehouse, Institutional and Nursing Home Properties were inadvertently omitted from the correct table. Accordingly, the complete Improvement Codes attached hereto at Appendix C are hereby substituted for the Improvement Codes attached as Appendix B to the Initial Assessment Resolution. (C) Except as modified, amended and supplemented herein, the Initial Assessment Resolution shall remain in full force and effect. SECTION 4. IMPOSITION OF FIRE RESCUE ASSESSMENTS. (A) The pamels of Assessed Property described in the Assessment Roll, which is hereby approved, are hereby found to be specially benefited by the provision of the fire rescue services, facilities, and programs described or referenced in the Initial Assessment Resolution, as amended, in the amount of the Fire Rescue Assessment set forth in the Assessment Roll, a copy of which was present or available for inspection at the above referenced public hearing and is incorporated herein by reference. It is hereby 4 ascertained, determined and declared that each parcel of Assessed Property within the City will be specially benefited by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment for such parcel, computed in the manner set forth in the Initial Assessment Resolution, as amended. Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit in a manner consistent with the legislative declarations, determinations and findings as set forth in the Ordinance, and the Initial Assessment Resolution from the fire rescue services, facilities, or programs to be provided and a legislative determination that the Fire Rescue Assessments are faidy and reasonably apportioned among the properties that receive the special benefit as set forth in the Initial Assessment Resolution (B) The method for computing Fire Rescue Assessments described and referenced in the Initial Assessment Resolution is hereby approved. The Parcel Apportionment methodology described i~ Appendix E of the Initial Assessment Resolution, and adopted in Section 7 of the Initial Assessment Resolution, is hereby approved. (C) For the Fiscal Year beginning October 1, 2001, the estimated Fire Rescue Assessed Cost to be assessed is $3,369,656. The Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1,2001, are hereby established as follows: 5 RESIDENTIAL PROPERTY USE Rate Per CATEGORIES Dwelling Unit Jingle Family $70 Residential /lulti-Family $58 Residential NON-REsIDENTIAL Building PROPERTy USE Classification ( n CATEGORIES square foot Industrial/ Nursing 'anges) Commercial Warehouse Institutional Homes < 1,999 $ 155 $ 49 $ 251 $ 251 2,000 - 3,499 $ 309 $ 98 $ 502 $ 502 3;500 - 4,999 $ 541 $ 172 $ 879 $ 879 5,000 - 9,999 $ 773 $ 245 $ 1,255 $ 1,255 10,000 - 19,999 $ 1,545 $ 491 $ 2,511 $ 2,511 :~0,000-29,999 $ 3,090 $ 982 $ 5,021 $ 5,021 30,000 - 39,999 $ 4,635 $ 1,473 $ 7,532 $ 7,532 40~000 - 49,999 $ 6,180 $ 1,964 $ 10,042 $ 10,042 >'50,000 $ 7,725 $ 2,454 $ I2,553 $ 12,553 (D) The above rates of assessment are hereby approved. Fire Rescue Assessments for fire rescue services, facilities, and programs in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all pamels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2001. (E) No Fire Rescue Assessment shall be imposed upon a parcel of Institutional Property whose use ~s wholly exempt from taxation under Florida law. (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments. (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments are also levied and imposed against all property for which a Certificate of Occupancy is .issued after adoption of this Final Assessment Resolution based upon the rates of assessment approved herein. (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so assessed equal in rank and dignity with the liens of all state, county, distdct or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (I) The Assessment Roll, as herein approved, together with the correction of any errors or omissions as provided for in Ordinance No. 01-34, shall be billed, collected, and enforced pursuant to the alternative method of collection described in Section 3.02 of the Ordinance and Section 10 of the Initial Assessment Resolution. The City Commission hereby directs the City Manager to mail said bills no later than the close of the first quarter of the calendar year of 2002. SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment I~esolution, as modified, amended and supplemented herein, is hereby confirmed. SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Final Assessment Resolution shal be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the Assessment Roll and the levy and lien of the Fire Rescue Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Final Assessment Resolution. SECTION 7. SEVERABILITY. If any clause, section or other part of this resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this resolution. [The remainder of this page is intentionally left blank.] 8 SECTION 8. EFFECTIVE DATE. This Final Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this (~ day of l~,ov~m ~o~-C ,2001. ATTEST: CITY OF BOY T N ACH,?LORIDA Commissioner Commissioner APP Jam, A. Ch, ~y FORM AND CORRECTNESS: / / 9 APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS AFFIDAVIT OF MAIUNG BEFORE ME, the undersigned authority, personally appearec~ Kurt Bressner, Camille P. Tharpe, and Kevin Buffer, who, after being duly sworn, depose and say: 1. Kurt Bressner, as City Manager of the City of Boynton Beach, Florida ("City"), pursuant to Purchase Order No. 011669 dated February 23, 2001 between Government Services Group, Inc. ("GSG") and the City, and the authority and direction received from the City Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with the Fire Rescue Assessment Ordinance adopted by the City Commission on July 11, 2001 (the "Assessment Ordinance") and in conformance with the Initial Assessment Resolution adopted by the City Commission on July 11,2001 (the "Initial Assessment Resolution"). 2. Camille P. Tharpe, is Vice President of GSG. GSG has caused the notices required by the Assessment Ordinance to be prepared in conformance with the Initial Assessment Resolution. An exemplary form of such notice is attached hereto. GSG has caused such individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the City expects to collect by the assessment; a statement that failure to pay the assessment will ceuea 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. A-1 3. On or before August 7, 2001, GSG delivered and directed the mailing of the above-referenced notices by Mail Master of Tailahassee, Inc. ("Mail Master"), in accordance with the Assessment Ordinance and the Initial Assessment 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 levy and collection of ad valorem taxes. Notices to property owners receiving multiple individual notices were mailed, or caused to be mailed by GSG on or before August 7, 2001. 4. Kevin Butler is President of Mail Master. As directed above, Mail Master, mailed or caused to be mailed on or before August 7, 2001, the above-referenced notices delivered to Mail Master by GSG. FURTHER AFFIANTS SAYETH NOT. Kurt Bressner, affiant ~5~1~ii P.~Tharpe, affiant Kevin Butler, affiant A-2 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of August, 2001 by Kurt Bressner, City Manager, City of Boynton Beach Flodda. He is personally known to me or has produced as identification anc~ did take an oath. Printed Name: Notary Public, State of Florida At Large My Commission Expires: Commission No.:. STATE OF FLORIDA COUNTY OF LEON r~,J~_The foregoing Affidavit of Mailing was sworn to.and subscribed before me this day of August, 2001 by Cami le P.. Tharpe, Vice President, Government Services , Inc., a Flo~da corporation. She ~s personally known to me or has produced as identification and did take ~'~ oar~'. -- STATE OF FLORIDA COUNTY OF LEON Printe(~ Na.m.e. ~ u/c~ L30t-~'~, Notary Public, Stake ~3f'Flodda At Large My Commission Expires: . _ -- Commission No.:_.~LJ~.{~,~ The foregoing Affidavit of .Mailing was s.w.orn to a..nd subscribed before me this day of August, 2~01 by Kevin Butler, President, Mad Mastar of Tallahassee, Inc.,a as . ,Rod.d..a c.o...rporation. He is personally known to me or has produced ioentincation and did take an oam. Prihtad N~m~: '"d~o[~ J_5oc'r~ Notary Publio, State of Rofida At La~e M~ Commission Ex4~res: Commission A-3 '1'0(~ East Boynton Beach Blvd. B~3ynton Beach, Florida 33435 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON,AD VALOREM AssESSMENTS NOTICE DATE: AUGUST 7. 2001 TONY M CHIEFFO 836~4 WHITE EGRE3' WAY LAKE WORTH FL 33467-1711 parcel ID #: 08434518040003222 Legal Description: CHALET 4 PL 3 se~!uence #: S24001 * * * * * NOTICE TO PROPERTY OWNER * * * * * As re~luired by Section 197.3632, Florida Statutes, and City Ordinance No. 01-34, notice is given by the City of Boynton Beach that an annual assessment for fire rescue services, may be levied on your property for the -fiscal year October 1, 2001 - September 30; 2002. The Fiscal Year 2001-02 assessment will be collected Lining ~ separate bill to be mailed during the first three months in 2002 and will be payable 30 days after such bi ling. In future years, the assessment will be added to the tax bill and Will be collected with yoUr property tax. The purpose of this assessment is to fund fire rescue services benefiting improved properbJ, lo..c?t, ed with_i.n' the. city of Boynton Beach. The total annual fire rescue assessment revenue tobe collected wl~in the ~[y oT ~ynton Beach is estimated to be $4,352,899. The annual fire rescue assessment is based on the ~',Sificafion of each parcel of property and number of billing units contained therein. The above parcel is classified as MULTI-FAMILY. The total number of billing units on the above parcel is I dwelling unit. The annualfire rescue assessment for the above, parcel is $96.00. ~ pubiichearing will be held at 6:30-p.m. on September 4, 2001, in the.Boynton Beach Community Hi.gh Ch0ol, 4975 Park. Ridge Blvd., Boynton Beach~ Florida, for the purpose ot receiving public comment on me r~'~o ,P°sed assessments. You and a I other affected, property owners have a dght to appear at the hearing and f~ie written objections with the Ci~ :~mmisSi°n ~t~in 20 days of this notice. If you decide to ap. peal any ~eciSion made by the City Commission With respect to any matter cons dered at the headng, you w~ need a reCOrd of the proceedings and may need'to ensure=that a verbatim record is made, including the tes!i..m...ony a.n.d '~vi~nc~ u~an 'ch the o i is t be made. In accordance with the Americans with Disaoi~[ies Act, ew[z~_ce u,___ whl__, aL a,_pea , O. ~ . . . J)er~onsneeding '~ sPeCial accommodation or an linterpreter to participate in this proceeding should contact ::j0yce Costello at (561) 742-60i3, at ~ast 24 hours Prior to the date of the heating. Unless proper steps are initiated in a, couP.of co~petent jurisdiction to secure relief within 20 days from the. ~date. of ~City Commission action at ~.'.~:el,a.~b~..ve he~n'ng (including the method.of, ap,p.o ,m.'on. ment,. e oT assessment and the impositi°n of aasessments)~ SUch action shall be the nna] adjuoication o~ me ~ssues presented. Copies of the Fire Rescue ~ Initial Assessment Resolution and the prelimina~ assessment roll are available office, located at City Hall, 100 East Boynton Be~ch Boulevard, Boynton Beach The'fire ~rascue service n?..n.-ad vaiorern~ ,asse~ ssrnent amount shown on this notice for the abov.e parcel will .be bOllected on a separate bill .tha.t will-b~ 'm~led .to :YOu dudng the r~st 3 months of 2002. Failure to pay me [a~essments could result in forecl0Sure; :Pro'in ,gs. against YOur property as well as the initiation of ! P~ings to compel 'payment by ~ ~ans a~th~dze~ by la~, including a process that would ultimately ~ ~ll~,t t~he assessments on your prope~.rty tax bil~ and..continued non-payment would cause a tax certificate to be, iSSued against the property which rha¥ result ~na loss of title. a mistake on this notice, it you have any questions regarding your fire rescue ~ Rescue Department between August 7, 2001 and (561) 742-6348; or (561) 742-6349, Monday through please fill out the enctosed correction and retum it to the * * * * * THIS IS NOT A BILL * * * ** APPENDIX B PROOF OF PUBLICATION THE PAL,~! BEACH POST NOT,C[ OF HEAJ~NG TO I~SE ~D ~D~ ~s~ FOR CO~ON OF~ FI~ REKU$ SP ~ ~ ~ ~ ~ ~ c~, ~ ~ESS~ STA~ OF ~O~A ~ ~m ~ ~ ~ ~ ~ ~ ~ ~ ~' --~ · w ~~c~~, _..~ __ ~ ~ . - - APPENDIX C REVISED IMPROVEMENT CODES APPENDIX C REVISED IMPROVEMENT CODES Code Description Category 60 EFFICIENCY APARTMENT MULTI-FAMILY 101 RESIDENTIAL 1 FAMILY RESIDENTIAL 102 RESIDENTIAL 2 FAMILY VIULTI~FAMILY 103 :~ESIDENTIAL 3 FAMILY VIULTI-FAMILY 104 RESIDENTIAL 4 FAMILY ViULTI-FAMILY 106 CONDO COMMON ELEMENT ~lOT USED 107 CONDO FEE SIMPLE MULTI-FAMILY 170 DORMITORY MULTI-FAMILY 220 APARTMENTS LOW RISE MULTI-FAMILY 230 APARTMENTS HIGH RISE MULTI-FAMILY 240 APARTMENTS - TOWNHOUSE MULTI-FAMILY 260 APARTMENTS - SENIOR MULTI-FAMILY 301 RES ON COMM LAND RESIDENTIAL 340 COMMERCIAL MIXED USE COMMERCIAL 360 RETAIL SINGLE oCCUP COMMERCIAL 351 DRUG STORE FREESTAI~DING COMMERCIAL 355 OFFICE CONDOMINIUM COMMERCIAL~ 356 i RETAIL CONDOMINIUM COMMERCIAL 360 ! DISCOUNT DEPT STORE COMMERCIAL 362 VETERINARY CLINIC COMMERCIAL 364 " HOME IMPROVEMENT COMMERCIAL 365 FURNITURE STORE COMMERCIAL 370: DEPARTMENT STORES COMMERCIAL 371 ! DOWNTOWN ROW TYPE COMMERC AL. 374 ! RETAIL MULTi OCCUP COMMERCIAL 375 ! RETAIL DRIVE-UP COMMERCIAL 380 ~ STRIP SHOPPING CNTR COMMERCIAL 390 I COMM SHOPP NG CENTER COMMERC AL 392 rriLUMBER STORAGE' ~OMMERClAL 395 ,, TRUCK TERMINAL DOMMERClAL~ ~,00 REGIONAL SHPMALL/CNT DOMMERClAL 410 SUPER REG SHOPMALL 2OMMERClAL ~20' SUPERMARKET 3OMMERClAL 430; DONVEN ENCE FOOD MKT COMMERCIAL, 440 flOTEL/MOTEL BUSINESS COMMERCIAL 450 RESORT HOTEL COMMERCIAL 460 , HOTEL/MOTEL LO RtSE ~OMMERC AL 470 HOTEL- H R SE ~OMMERCIAE 490 OFFICE BLDG L/R 1-4S ~OMMERC~ ' AL 500 OFFICE H-R 5ST COMMERCIAL 520 MEDICAL OFF CE BLDG COMMERCIAL Code Description Category 530 HOSPITALS INSTITUTIONAL 540 NURSING HOME NURSING HOMES 550 BAR/TAVERN COMMERCIAL 55t · COCKTAIL LOUNGE COMMERCIAL 560 RESTAURANT COMMERCIAL 570 FRANCHISE FOOD COMMERCIAL 580 BOWLING ALLEY COMMERCIAL. 582 SKATING RINK COMMERCIAL 583 _ HEALTH CLUB COMMERCIAL 587 : OOUNTRY CLUB COMMERCIAL, 589 !i COUNTRY CLUB:/W GOLF CRSE COMMERCIAL 590 ARENA COMMERCIAL 591 .- ~YM NASIUM COMMERCIAL 592 STADIUM ~ ~,OMMERCIAL 593 :)CC/HORSE TRACK ~OMMERCIAL 594- ~ RACETRACK 3OMMERCIAL 600 ~ AUDITORIUM. 3OMMERCIAL 610 CINEMA/THEATER COMMERC AL 614 ! RADIO~'I'V/PICSTUDIO COMMERC AL, 6t5 LEGITIMATE THEATER COMMERCIAL 620 : BANK/MA. lB OFF CE COMMERC AL 630 : NEIGHBORHOOD BANK COMMERCIAL 640 SERVICE STATION NO BAYS COMMERCIAL 641 3ERVICE STAT ON W/BAYS C~MMERClAL 650 i CAR WASH ~AUTOMATIC COMMERCIAL 651 CAR WASH,ArMANUAL (~OMMERC AL $52 CAR[ WASH ~ERV CE STATION ~.OMMERCIAL 860 AUTOSERVI~E GARAGE COMMERC AL 862 KWIK!LUBE , ~0MMERCIAL ~ 865 ; GARAGE STORAGE I,~DUSTR AL/WAREHOUSE ~70: , OFF,QE/W~EFIOUSE ~OMMERCIAL 380 : FUNERAL HOME C~MMERCIAL ~90 , CLUBHOUSE ~0MMERC AL 391 SOC. IAL/~ERA~ERNAL HALL I~iST TUT ONAL 595 "' ' ' ' .= UARDFIOUSE ~T USED !7~00 3OLD~S~TO~GE ~DUSTR AL/WAREHOUSE ~'~ O ~:A(~BUSiA[R TERMINAL i~O USTRIAIdWARE HO USE ~2 ~FEEEGQM~NICATION EQUIPMENT [,~USTRIA~AREHOUS E ~1;2 ~EEEPH',ONE,EQU PMENT BLDG ~J:)USTRI~AREHOUSE M5 FLEE CRV G~R FAC L TY I~)T USED r20 ~ARKING'GARAG E/DECK ~T USED ~¢:~' ~D!QFIT¢ T~SM TTER BLD 1~4~DUSTR ALANAREHOUSE ~'3~' ~AY ~RE C,~TER ~MMERCIAL ~50 ~UTO :DEAL' .~F-SERVICE ~MMEROIAL ~]:GH;T,M~N~I~ACT U RING I~pUSTRtAI.JVVARE HO US E ~', ~EAv;~ MA~AGTUR NG I~USTR AEC/WAREHOUSE 8~¢ ~A:REHeu~E D;',STR BUT ON I~'DUSTR A~AREHOUSE C-2 Code Description Category B30 MINI WAREHOUSE INDUSTRIAL/WAREHOUSE B40 WAREHOUSE STORAGE INDUSTRIAL/WAREHOUSE 341 WAREHOUSE SINGLE TENANT INDUSTRIAL/WAREHOUSE 350 HANGAR INDUSTRIAL/WAREHOUSE 360 BARNS NOT USED 361 RESIDENTIAL BARNS ~OT USED 870 PREFAB WAREHOUSE INDUSTRIAL/WAREHOUSE 880' f TECHNICAL MANUFACTURING INDUSTRIAL/VVAREHOUSE 900 SCHOOL INSTITUTIONAL 901 DOLLEGES / UNIVERSITY NSTITUTIONAL 910 RELIGIOUS INSTITUTIONAL 912 LIBRARy NSTITUT ONAL 920 EDUCAT ON/REL G OUS INSTITUTIONAL 930 GOVERNMENTAL INSTITUTIONAL 950 POLICE/FIRE STAT ONS INSTITUTIONAL 960 cORRECTIONAL INSTITUTIONAL 970 CULTURAL FACILITIES INSTITUT ONAL 0~100 SFR RES DENT AL 0'1,01 SFR HMSTD RES DENTIAL 0200 SFT-MFG RESIDENTIAL 0300 i SFR-ZERO LOT RESIDENTIAL 0400 TWNHSE-VILLA RESIDENTIAL 0402 i DOCKUM.N UM NOT OSED 3440 TOWNHOUSE RESIDENTIAL 34~0 TIMESHARE RESIDENTIAL 3430 ~ . RO LOT LINE RESIDENTIAL 34-~-0 ,i CONDO MULTi-FAMILY 3500 EXC-ZER~) LOT RESIE~ENTIAL ~..O-OP rVlULT -FAMILY 06~0 RENTAL UNIT RESIDENTIAL 07~00 -~XC TWHSENILLA ;rESIDENTIAL 0~01D VIOBI!zE HOME RES DENT AL 0801 MOB:lEE HOME-HX RESIDENTIAL 0900 EXC;RESIDENT RESIC{ENT AL 0,90i .E~C~RES HMSTD ~ES: E~NTIAL OgO~ EXC~E~U× RES RESIDENT AL 1~08 CONDO L:R SE ~ULTI~FAM L¥ 1 ~1~1~0 CQNDO H, R SE MULTI~FAM LY '17~00 DORM TORY M ULT~-FAM EY 226~ MFR ~-OW iR SE M~LTI;FAMI[~¥ 2~0 MER,ROW HOUSE M UE'E/~F~Jvll .L. Y ~,~,~ DUPLEX MULTI-FAMILY 2~ DUPLEX HMSTD ~UETI~FAMIL¥ TRIP!~EX MULTI~FAMIE¥ 2~ QUAD~PLEX ~LIL~ ~FAMIL¥ ~5~ HANGER ~,iOT;U~S ~ C-3 APPENDIX D AFFIDAVIT OF SUPPLEMENTAL MAILING AFFIDAVIT OF SUPPLEMENTAL MAILING BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Camille P. Tharpe, who, after being duly sworn, depose and say: 1 Kurt Bressner, as City Manager of the City of Boynton Beach, Florida ("City"), pursuant to Purchase Order No. 011669 dated February 23, 2001 between Government Services Group, Inc. ("GSG") and the City, and the authority and direction received from the City Commission, timely directed the preparation and mailing of corrected notices in accordance with the Fire Rescue Assessment Ordinance adopted by the City Commission on July 11, 2001 (the "Assessment Ordinance"), in conformance with the Initial Assessment Resolution adopted by the City Commission on July 11, 2001 (the "Initial Assessment Resolution"), and in order to correct omissions on Multi-Family Residential Property. 2. Camille P. Tharpe, is Vice President of GSG. GSG has caused the notices required by paragraph 1 above to be prepared in conformance with the Initial Assessment 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 corrected number of such units contained within each parcel; the total revenue the City expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property D-1 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 September 25. 2001, GSG mailed the above-referenced notices, in accordance with the Assessment Ordinance and the Initial Assessment Resolution by Firs{ 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 levy and collection of ad valorem taxes. FURTHER AFFIANTS SAYETH NOT. Kurt b-ress'~er, affiant C~"m~e P. ThaTrpe, affiant I STATE OF FLORIDA COUNTY OF PALM BEACH ~.., ,,,The foregoine, Affidavit of Mailing was sworn to and subscribed before me this 4/"1~day of ~ 2001 b~__~urt Bressner,, City Manager, City of Boynton Beach, ~ He~ person~ "h~,~, -,,,,~4~.¢J at ~,~.~ rr' · . · ~o ~"-o-~-~ ~, .... :.:.;~-e~ie~and did take an oath: Printed Name: Notary Public, State of Florida At Large My Commission Expires: Commission No.: D-2 STATE OF FLORIDA COUNTY OF LEON [.,,~t The foregoing Affidavit of Mailing was sworn to and subscribed before me this '~ day of October, 2001 by Camille P. Tharpe, Vice President, Government Services Group, inc., a Florida corporation. She is personally known to me e,~a"¢-i~:~- .-' '. -" ' ~:- did take an oath. My Commission Expires: Commission No.: b~> ¢)"5-7~[ D-3 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 CITY OF BOYNTON BEACH. FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: SEPTEMBER 25. 2001 MICHAEL TILLMAN 9645 SADDLEBROOK DR BOCA RATON FL 33496-1806 Parcel ID #: 08434509070000450 Legal Description: NORTH RIDGE ESTATES Sequence #: SA1 * * * * * NOTICE TO PROPERTY OWNER * * * * * As required by Section 197.3632, Florida Statutes. and City Ordinance No. 01-34, notice is given by the City of Boynton Beach that an annual assessment for fire rescue services, may be levied on your property for the fiscal year October 1, 2001 - September 30. 2002. The Fiscal Year 2001-02 assessment will be collected using a separate bill to be mailed during the first three months in 2002 and will be payable 30 days after such billing. In future years, the assessment will be added to the tax bill and will be collected with your property tax. The purpose of this assessment is to fund fire rescue services benefiting improved property located within the City of Boynton Beach. The total annual fire rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be $4,352,899. The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein. If this parcel contains a clubhouse, the assessment forthe clubhouse has been included in this notice. However, the City Commission will make a policy decision regarding the assessment of clubhouses at the October 16, 2001 meeting. The above parcel is classified as MULTI-FAMILY. The total number of billing units on the above parcel is 10 dwelling units. ~he annual fire rescue assessment for the above parcel is $960.00. L ' public hearing;will be held at 6:30 p.m. on October 16, 2001 in the Boynton Beach Commun ty H gh SchooL. ~975 Park Ridge Blvd.,, Boynton Beach, F orida, 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 ~ommission within 20 days of this notice. If you decide to appeal any decision made by the City CommiSsion wlth respect to any mattei' 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 ev dence upo~ whiCl~ the~ppea] is to be trade. In accordance with ~the Americans w th D sab ties Act, persons needing a special aCC°m~0datiOn (~r an jnterprete~' to~ participate jn this proceeding should contact Joyce Costello at (561) 742-60~13, ~t least ~24 hours pdor to the date of the hearing. Unless proper steps are initiated in a court of competent!jurisdiction to secure relief with n 20 days from the date df Cit~/c~missi(~n action at the above headng (i~cluding 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 and the preliminary assessment roll are ava~ilable for inspection at the City Clerk's office, located at City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The fire rescue servme non-ad valorem assessment amount shown on ~his notice for the above parcel will be collected on a separate bill that will be mailed to you during the first 3 months of 2002. Failure to pay the assessments could result in foreclosure proceedings against your property as well as the initiation of proceedings ;to cempe payment by any means authorzed by aw, nc uding a process that wou d u t mately collect the!a~sessm~nts on =your property tax bill and continued non-payment would cause a tax certificate to ~ issued ~g~inst the pr~Pe~ which may result in a loss of title. there s a m Stake on th s not ce t w be corrected f you have any quest ons regard ng your fire rescue .~rv Ce~ assessment,.=~, . p ease. contact the Boynton Beach F re Rescue Department at (561) 742-6326, Monday through Friday 9 a.m. and 5 p.m exc ud ng ho days. * * * * * THIS IS NOT A BILL * * * * * THE POINTE SUITE I0~0 NABORS, GIBLIN ~ NICKER$ON. ATTORNEYS AT LAW SUITE 200 CNL CENTER SUITE 450 SOUTH ORANGE AVENUE ORLANDO. FLORIDA 3280 October 23, 2001 Via E-Mail and United Parcel Service James A. Cherof Boynton Beach City Attorney 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: Amending Fire Rescue Assessment Ordinance and (revised) Final Assessment Resolution Dear Jim: Enclosed with this letter you will find the final version of the ordinance amending the Fire Rescue Assessment Ordinance to "sunset" the imposition of the assessment on September 30, 2008. In addition, I have enclosed the final version of the (revised) Final Assessment Resolution for the City Commission's ratification. The orig na affidavit of supplemental mailing will be sent to you by separate cover. Please attach this affidavit to the Final Assessment Resolution at Appendix D. Aisc, the original affidavit sent to you before the September 6 public hearing should be attached to the Final Assessment Resolution at Appendix A, along with the published notice of the September 6 hearing at Appendix B. If the City published any form of notice for the October 16 continued public hearing, such a notice could also be included at Appendix B. James A. Cherof October 23, 2001 Page 2 VSD:sib Enclosures Please call me if you have any questions. Very truly yours, V~un%ers Delegal Kurt Bressner, City Manager (w/enc.) Camille P. Tharpe, GSG (w/eric.)