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.)