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R18-1271 2 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 10 12 ANNUAL ASSESSMENT RESOLUTION 13 14 15 16 17 18 ADOPTED SEPTEMBER 11, 2018 19 20 21 {00250088.1 306-9001821} 22 RESOLUTION NO. R18- 1; 1 23 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 24 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, 25 FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON 26 BEACH, FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS 27 AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY 28 FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018; 29 APPROVING THE RATE OF ASSESSMENT; APPROVING THE 30 ASSESSMENT ROLL; CONFIRMING AND CONTINUING A 31 PROCEDURE FOR HARDSHIP WAIVERS OR DEFERRALS OF 32 ALL OR PART OF THE CITY'S FIRE RESCUE SPECIAL 33 ASSESSMENT INCLUDING APPLICATION AND REVIEW BY THE 34 CITY'S FINANCE DIRECTOR OR DESIGNEE, AND ELIGIBILITY 35 CRITERIA FOR SUCH WAIVERS; PROVIDING FOR CONFLICTS; 36 PROVIDING FOR SEVERABILITY; AND PROVIDING AN 37 EFFECTIVE DATE. 38 39 WHEREAS, the City Commission of Boynton Beach, Florida (the "City 40 Commission"), has enacted Ordinance No. 08-017 (the "Ordinance"), which authorizes the 41 imposition of Fire Rescue Assessments each Fiscal Year for the fire rescue services, 42 facilities, and programs against Assessed Property located within the City; and 43 WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services, 44 facilities, and programs each fiscal year is an equitable and efficient method of allocating 45 and apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; and 46 WHEREAS, the City Commission desires to continue a Fire Rescue Assessment 47 program and impose a Fire Rescue Assessment in the City using the procedures provided by 48 the Ordinance, including the tax bill collection method, for the Fiscal Year beginning on 49 October 1, 2018; and 50 WHEREAS, the City Commission, on July 1, 2008, adopted Resolution 51 No. R08-076 (the "Initial Assessment Resolution"); and {00250088.1306-9001821} Page 1 of 10 52 WHEREAS, the City Commission, on July 17, 2018, adopted Resolution No. R18- 53 096 (the "Preliminary Assessment Resolution"), which set forth the preliminary assessment 54 rates for Fiscal Year 2018-19, and which contains and references a brief and general 55 description of the fire rescue services, facilities, and programs to be provided to Assessed 56 Property; describes the method of apportioning the Fire Rescue Assessed Cost to compute 57 the Fire Rescue Assessment for fire rescue services, facilities, and programs against 58 Assessed Property; confirmed the rates of assessment; and directs the updating and 59 preparation of the Assessment Roll and provision of the notice required by the Ordinance; 60 and 61 WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year 62 beginning October 1, 2018, the Ordinance requires the City Commission to adopt an Annual 63 Rate Assessment Resolution, which confirms and establishes the rates of assessment, and 64 approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the 65 City Commission deems appropriate, after hearing comments and objections of all 66 interested parties; and 67 WHEREAS, the Assessment Roll has heretofore been made available for 68 inspection by the public, as required by the Ordinance; and 69 WHEREAS, notice of a public hearing has been published and mailed, as required 70 by the terms of the Ordinance. An Affidavit of Mailing is attached hereto as Appendix A 71 and the Proof of Publication is attached hereto as Appendix B; and 72 WHEREAS, the City Commission recognizes that the special assessment may 73 work a hardship on certain residential property owners in the City, and desires to continue {00250088.1306-9001821) Page 2 of 10 74 to provide a means whereby affected property owners may request a total or partial waiver 75 of the special assessment for hardship; and 76 WHEREAS, a public hearing was held on September 11, 2018, and comments and 77 objections of all interested persons have been heard and considered as required by the terms 78 of the Ordinance. 79 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 80 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 81 82 SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance 83 No. 08-017; Resolution No. R08-076; Resolution No. R18-096; Article VIII, Section 2, 84 Florida Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable 85 provisions of law. 86 SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution 87 constitutes the Annual Rate Resolution as defined in the Ordinance. All capitalized words 88 and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, 89 the Initial Assessment Resolution and the Preliminary Assessment Resolution. 90 SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS. 91 (A) The parcels of Assessed Property described in the Assessment Roll, which 92 is hereby approved, are hereby found to be specially benefited by the provision of the fire 93 rescue services, facilities, and programs described or referenced in the Preliminary 94 Assessment Resolution, in the amount of the Fire Rescue Assessment set forth in the 95 Assessment Roll, a copy of which was present or available for inspection at the above 96 referenced public hearing and is incorporated herein by reference. It is hereby ascertained, 97 determined, and declared that each parcel of Assessed Property within the City will be 98 specially benefited by the City's provision of fire rescue services, facilities, and programs in (00250088.1 306-9001821) Page 3 of 10 99 an amount not less than the Fire Rescue Assessment for such parcel, computed in the 100 manner set forth in the Preliminary Assessment Resolution. Adoption of this Annual Rate 101 Resolution constitutes a legislative determination that all parcels assessed derive a special 102 benefit in a manner consistent with the legislative declarations, determinations and findings 103 as set forth in the Ordinance, the Preliminary Assessment Resolution, and this Annual Rate 104 Resolution from the fire rescue services, facilities, or programs to be provided and a 105 legislative determination that the Fire Rescue Assessments are fairly and reasonably 106 apportioned among the properties that receive the special benefit as set forth in the 107 Preliminary Assessment Resolution. 108 (B) The method for computing Fire Rescue Assessments described and 109 referenced in the Preliminary Assessment Resolution is hereby approved. The Parcel 110 Apportionment methodology described in Appendix F of the Preliminary Assessment 111 Resolution, and adopted in Section 7 of the Preliminary Assessment Resolution, is hereby 112 approved. 113 (C) For the Fiscal Year beginning October 1, 2018, the estimated net Fire 114 Rescue Assessed Cost to be assessed is $8,205,584.00. The Fire Rescue Assessments to be 115 assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and 116 Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal 117 Year commencing October 1, 2018, are hereby confirmed and established as follows: 118 Property Use Category Rate Per Dwelling Unit Residential $120.00 Non -Residential Property Use Categories Rate Per Square Foot Commercial $0.27 Industrial/Warehouse $0.06 Institutional $0.30 Nursine Home $0.30 {00250088.1 306-90018215 Page 4 of 10 119 (D) The above rates of assessment are hereby approved. Fire Rescue 120 Assessments for fire rescue services, facilities, and programs in the amounts set forth in the 121 Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of 122 Assessed Property described in such Assessment Roll for the Fiscal Year beginning 123 October 1, 2018. 124 (E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment 125 shall be imposed upon a parcel of Government Property, except as provided in the 126 Preliminary Assessment Resolution, or upon Institutional Use buildings on a parcel of 127 Institutional Property whose building use is wholly exempt from taxation under Florida law. 128 (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any 129 reduction or exemption from payment of the Fire Rescue Assessments required by law or 130 authorized by the City Commission shall be supplemented by any legally available funds, or 131 combination of such funds, and shall not be paid for by proceeds or funds derived from the 132 Fire Rescue Assessments. 133 (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue 134 Assessments are also levied and imposed against all property for which a Building Permit is 135 issued after adoption of this Annual Rate Resolution based upon the rates of assessment 136 approved herein. 137 (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property 138 so assessed equal in rank and dignity with the liens of all state, county, district, or municipal 139 taxes and other non -ad valorem assessments. Except as otherwise provided by law, such 140 lien shall be superior in dignity to all other liens, titles and claims, until paid. {00250088.1306-9001821) Page 5 of 10 141 (I) The Assessment Roll, as herein approved, shall be delivered to the Tax 142 Collector for collection using the tax bill collection method in the manner prescribed by the 143 Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied 144 by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached 145 hereto as Appendix C. 146 (J) No Emergency Medical Services shall be funded from the Fire Rescue 147 Assessment revenues. 148 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT 149 RESOLUTION. The Preliminary Assessment Resolution is hereby confirmed. 150 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of 151 this Annual Rate Resolution shall be the final adjudication of the issues presented 152 (including, but not limited to, the determination of special benefit and fair apportionment to 153 the Assessed Property, the method of apportionment and assessment, the rate of assessment, 154 the Assessment Roll and the levy and lien of the Fire Rescue Assessments), unless proper 155 steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days 156 from the date of this Annual Rate Resolution. 157 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS. 158 (A) The City Commission of the City of Boynton Beach, Florida hereby 159 continues its program for qualified individuals who need financial assistance to pay all or 160 part of the Fire Rescue Assessment levied on their property or who seek deferral of payment 161 of all or part of the Fire Rescue Assessment on their property. {00250088.1306-9001821} Page 6 of 10 162 (B) The City's program for financial assistance shall be commonly referred to 163 as H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance 164 are available, based upon need: 165 1. Relief from all payments of an annual Fire Rescue Assessment. 166 2. Relief from a portion of payments of an annual Fire Rescue 167 Assessment. 168 169 3. Deferral of payments of an annual Fire Rescue Assessment. 170 4. Deferral of a portion of payments of an annual Fire Rescue 171 Assessment. 172 173 (C) The following individuals are eligible for financial assistance. 174 1. Residential Property Owners who meet 2018 HHS Poverty 175 Guidelines. 176 177 2. Residential property owners that are exempt from ad valorem 178 taxation pursuant to the following Florida Statutes are eligible to 179 apply for a Hardship Waiver or Deferral: 180 181 a. Section 196.081, Florida Statutes (totally disabled veterans 182 and surviving spouses of veterans); 183 184 b. Section 196.081, Florida Statutes (surviving spouses of first 185 responders who died in the line of duty); 186 C. Section 196.091, Florida Statutes (disabled veterans confined 187 to wheelchairs); 188 189 d. Section 196.101, Florida Statutes (totally and permanently 190 disabled persons); 191 192 e. Section 196.102, Florida Statutes (totally and permanently 193 disabled first responders). 194 195 3. Residential Property Owners that qualify for the additional 196 homestead exemption for persons 65 and over authorized pursuant 197 to Section 196.075, Florida Statutes are also eligible to apply for the 198 Hardship Waiver. 199 {00250088.1306-9001821) Page 7 of 10 200 4. Residential Property Owners that are qualified under the Florida 201 Homestead Property Tax Deferral Act, Section 197.242, et al., 202 Florida Statutes. 203 204 (D) Eligible Residential Property Owners may submit an application for a 205 Hardship Waiver or Deferral, on a form prepared by the City, with the Finance Department 206 The Application shall include the following: 207 1. Documentation demonstrating eligibility for the Hardship Waiver or 208 Deferral through one of the criteria from exemptions listed in 209 Section C above; 210 211 2. A copy of the Tax Bill for the subject property; 212 3. Description of the facts and circumstances of the hardship. 213 (E) All Applications for the Hardship Waiver or Deferral must be received by 214 the City's Finance Department on or before October 18, 2018. 215 (F) Once received, all applications shall be reviewed by the City's Finance 216 Director, or his or her designee ("Reviewing Official"). The Reviewing Official shall 217 review the facts and circumstances to determine whether a hardship exists to warrant a 218 partial or total waiver of the special assessment levied upon the applicant's real property or 219 a deferral of payment of such. The decision of the Reviewing Official is final. 220 (G) The Reviewing Official shall render a written decision and provide such to 221 the applicant. 222 (H) If a partial or total waiver or deferral is granted by the Reviewing Official, 223 the Finance Director shall ensure appropriate documentation is provided to the Tax 224 Collector as to the revised amount of the assessment as to the applicant. 225 (I) An applicant may apply for a Hardship Waiver as to one property only. 226 (J) An applicant must apply for the Hardship Waiver on an annual basis. (00250088.1306-9001821} Page 8 of 10 227 (K) A deferral may be granted for no longer than the end of the then current 228 fiscal year. 229 (L) When financial assistance is granted pursuant to the H.E.L.P. program, any 230 shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or 231 exemption from payment of the Fire Rescue Assessments authorized by this Section shall 232 be supplemented by any legally available funds, or combination of such funds, and shall not 233 be paid for by proceeds or funds derived from the Fire Rescue Assessments. 234 SECTION 7. MOBILE HOME VACANCY ADJUSTMENT. As authorized in 235 Section 5(L) of the Preliminary Rate Resolution, there shall be a Mobile Home Vacancy 236 Adjustment procedure for Mobile Home and Recreational Vehicle Park Property, using the 237 procedures established in Resolution R11-089. Any shortfall in the expected Fire Rescue 238 Assessment proceeds due to any adjustment for vacancy shall be supplemented by any 239 legally available funds and shall not be paid for by proceeds or funds derived from Fire 240 Rescue Assessments. Failure of the Owner to timely provide the information to the City 241 will result in no Vacancy Adjustment for the special assessment. 242 SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict 243 herewith are hereby repealed to the extent of such conflict. 244 SECTION 9. SEVERABILITY. If any clause, section, other part or application 245 of this resolution is held by any Court of competent jurisdiction to be unconstitutional or 246 invalid, in part or application, it shall not affect the validity of the remaining portions or 247 applications of this Resolution. 248 SECTION 10. EFFECTIVE DATE. This Resolution shall become effective 249 immediately upon its passage and adoption. {00250088.1306-9001821} Page 9 of 10 {00250088.1306-90018211 Page 10 of 10 250 PASSED AND ADOPTED this i�h day of September, 2018. 251 CITY OF BOYNTON BEACH, FLORIDA 252 253 YES NO 254 Mayor — Steven B. Grant t— 255 _ 256 Vice Mayor — Christina Romelus 257 258 Commissioner — Mack McCray 259 260 Commissioner — Justin Katz v 261 262 Commissioner — Joe Casello v 263 264 ATTEST: 265 S-- o 266 267 268 Judith. Pyle, CMC 269 City C rk 270 271 (Corporate Seal) 273 274 275 {00250088.1306-90018211 Page 10 of 10 276 277 (00250088.1306-9001821} APPENDIX A AFFIDAVIT OF MAILING APPENDIX B PROOF OF PUBLICATION 100250088.1306-9001821) APPENDIX C FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Mayor of the City of Boynton Beach, or authorized agent of the City of Boynton Beach, Florida (the "City"); as such, I have satisfied myself that all property included or includable on the non -ad valorem assessment roll for fire rescue services (the "Non -Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above-described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the Palm Beach County Tax Collector by September 15, 2018. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Palm Beach County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll, this //.^, day of Sc,� 6 w , 2018. CITY OF BOYNTON B ACH, FLORIDA BY: TITLE: T (To be delivered to Palm Beach County Tax Collector by September 151 (00250088.1306-9001821) CITY CLERK'S OFFICE 3301 QUANTUM BLVD, STE 101 BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: cit cler 2bbfl.us www.boynton-beach.org I, JUDITH A. PYLE, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached Resolution No. R18-127 relating to Fire Rescue Services, facilities, and programs in the City of Boynton Beach, imposing Fire Rescue Assessments against assessed property located within the City for Fiscal Year beginning October 1, 2018, with exhibits, totaling 13 pages is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 121h day of September 2018. JUDIT A, PYLE, CMC CITY LERK 5:\CC\WP\certificat1ons\Flre Assessment certification - R17-079 Fire Assessment Resolution - Appendix C.doc America's Gateway to the Gu fstream