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Home My Public Portal About17-11 ESTABLISHING THE ESTIMATED ASSESSMENTS RATE FOR THE FIRE HYDRANT ASSESSMENT PAYMENTS DUE WITH THE PAYMENT OF 2017 AD VALOREM TAXES 1ST READING: August 29, 2017 2ND READING: September 20, 2017 PUBLIC HEARING: August 29, 2017 and September 20, 2017 ADOPTED: September 20, 2017 EFFECTIVE DATE: September 20, 2017 SPONSORED BY: CITY MANAGER ORDINANCE NO. 17-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE HYDRANT ASSESSMENT PAYMENTS DUE WITH THE PAYMENT OF 2017 AD VALOREM TAXES; ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-Locka, Florida ("City") seeks to impose fire hydrant assessments as authorized by Article IV, Section 4.9 of the City Charter; and WHEREAS, the City intends to use the uniform method for collecting non-ad valorem assessments as authorized by Fla. Stat. §197.3632 so that this method will allow such fire hydrant assessments to be collected annually commencing with the tax bills issued in November 2017, in the same manner as provided for the collection of ad valorem taxes; and WHEREAS,in compliance with Florida Statutes Section 197.3632, the City will hold a duly advertised public hearing prior to the adoption of the assessment considered in this Ordinance and pursuant to the form of Notice and Proof of Publication of such hearing attached hereto and incorporated herein as Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA,FLORIDA,AS FOLLOWS: SECTION 1. RECITALS ADOPTED. That each of the above stated recitals is hereby adopted and confirmed. SECTION 2. UNIFORM METHOD OF COLLECTION ADOPTED. Commencing with the Fiscal Year beginning on October 1, 2017, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non-ad valorem assessments authorized in Fla. Stat. § 197.3632, as amended for collecting non-ad valorem assessments. Such non-ad valorem assessments shall be levied within the incorporated area of the City. Ordinance No. 17-11 SECTION 3. LEVY NECESSARY. The City hereby determines that the levy of non-ad valorem assessments is needed. The current year rolled-back rate, computed pursuant to § 200.065 Florida Statutes, is 9.5444 dollars per$1,000.00. SECTION 4. 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, 2017. (Exhibit "B") The updated Assessment Roll shall include all Tax Parcels within the Property Use Categories. The City Manager shall apportion the estimated Assessed Costs to be recovered through the Fire Hydrant Assessments in the manner set forth in this Preliminary Rate Resolution. (B) A copy of this Ordinance and documentation related to the estimated Assessments and the updated Assessment Roll shall be maintained on file in the office of the City Manager 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, 2017. be in printed form if the amount of the Fire Hydrant Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. (C) It is hereby ascertained, determined, and declared that the method of determining the Fire Hydrant Assessment as set forth in this Ordinance is a fair and reasonable method of apportioning the Assessed Costs among parcels of Assessed Property located within the City. SECTION 5 . AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 5:01PM on September 20, 2017, in the City Commission Chambers, Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-Locka, Florida, at which time the City Commission will receive and consider any comments on the Assessments from the public and affected property owners and consider imposing Assessments for the Fiscal Year beginning October 1, 2017 and collecting such assessments on the same bill as ad valorem taxes. SECTION 6. NOTICE BY PUBLICATION. The City Manager shall publish a notice of the public hearing authorized by Section 5 of this Ordinance attached hereto as Exhibit "A". SECTION 7. NOTICE BY MAIL. Pursuant to § 200.069(11)(a), Florida Statutes, and with agreement of the Property Appraiser, the City Commission elects to combine the notice required by this Ordinance with the truth-in-millage notification required pursuant to § 200.069, Florida Statutes. Such mailed notice shall be in the form required by § 200.069(11)(a), Florida Statutes, and consistent with the Uniform Assessment Collection Act for the Fiscal Year beginning October 1, 2017. (Exhibit "C") Ordinance No. 17-1 1 SECTION 12. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. SECTION 13. CONFLICT. Any provision of any City of Opa-Locka ordinance or regulation which is in conflict with the provisions of this Ordinance is repealed prospectively to the extent of such conflict. SECTION 14. LIBERAL CONSTRUCTION. The terms and provisions of this Ordinance shall be liberally construed to affect the purpose for which it is adopted. SECTION 15. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, invalid or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect the applicability of this Ordinance to any other person,property or circumstances. SECTION 16. EFFECTIVE DATE. This Ordinance shall take effect upon the adoption of this Ordinance by the Commission of the City of Opa-Locka and upon a filing of a certified copy hereof with the Florida Department of State and is subject to the approval of the Governor or Governor's Designee. This ordinance was moved for adoption by Commissioner Riley. The motion was seconded by Commissioner Holmes, and upon being put to a vote, the motion passed by a 5-0 vote. Commissioner Holmes: YES Commissioner Pigatt: YES Commissioner Riley: YES Vice Mayor Kelley: YES Mayor Taylor: YES PASSED AND ADOPTED this 20th day of September, 2017. Ordinance No. 17-11 ATTEST: CITY OF $PA-LO • , : ORIDA i 4 i . § I By: 4L--/At Joa I a Flores, City Clerk Myra `aylor, Ma APPROVE �' AS TO FORM AND LEGAL SUFFICIENCY: T, E OWN LAW GROUP L , City Attorney AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Ed Brown, who, after being duly sworn, deposes and says: Ed Brown, as Interim City Manager of the City of Opa-Locka, Florida ("City"), pursuant to the authority and direction received from the City Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with the Fire Hydrant Assessment Ordinance adopted by the City Commission on September 20, 2017 (the "Assessment Ordinance"), as amended. In accordance with the Assessment Ordinance, Mr. Brown timely provided all necessary information for notification of the Fire Hydrant Assessment to the Property Appraiser of Miami- Dade County to be included as part of the notice of proposed property taxes under section 200.069, Florida Statutes, the truth-in-millage notification. The information provided to the Property Appraiser to be included on the truth-in-millage notification included the following: the 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 cause a tax certificate to be issued against the property which may result in a loss of title: a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. FURTHER AFFIANT SAYETH NOT. Ed Brown, Affiant STATE OF FLORIDA ) ss COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of , 2017, by as of who is personally known to me or who produced as identification, and who did [did not] take an oath. Notary Public— State of Florida Print Name: My Commission Expires: EXHIBIT C CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Interim City Manager of the City of Opa-Locka, or authorized agent of the City of Opa-Locka, Florida (the "City"); as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for Fire Hydrant Assessments (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 Miami-Dade County Property Appraiser by September , 2017. IN WITNESS -WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Miami-Dade County Property Appraiser and made part of the above described Non-Ad Valorem Assessment Roll this day of September 2017. CITY OF OPA-LOCKA, FLORIDA BY; Ed Brown, Interim City Manager EXHIBIT B ccoo as oo cp c) ..ca) ',— IL LU as Ts 0 0 L... CCS • . M .0 U) — -0 a) c a) m 0 --I 0 0 .0 4-' w w 0 -c o >, C\I Z = M Z •C " 1- -C -5 al - • et c..) c as Ili 0 . c 73 o co as -r 3 75 v -o (c2%)i E a) Lai a) 32 co c c 0 a) o) a) w ei 0 cz > L- (...) la Cle 0 as -c -= -c ..c -0 „c CD s- — -0-, Ca < 0 CD CZ Ca .2) ce) .,.,.....,,,, ,5, ,..„ ..... c .. T.... .0.... U..., = ....' N 0 ° CO ID vu -.° a) E cc) > a)c .5 al Z (n 1-4 0 0.) ct c) ....... > .7.-= ›. .9,), >. :0 Z15 -.) ?', ili 4,..I 0) ...0 ,..e 13 Cr C ms E o SI.,) C U) 0 I,- (6 1 d:1 0- Q. CO 0 Lf) 0 g'!- u) i, 1 9. . .t, t k ‘111■IsmasilimifitT s iir\. e,,, illiami Hera lb MEDIA COMPANY PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE Before the undersigned authority personally appeared: Amy Staker who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Miami-Dade County,Florida;that the attached copy of advertisement that was published in said newspaper in the issue of: The Miami Herald - September l7, 2017 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Miami-Dade County,Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person, firm or corporation any discount,rebate, commission or refund for the purpose of securing this advertisement for publication in the said news apers(s). Sworn to and.ubscri ed before me this 21st of September,2017 My Comm'• ion Expires: August 1 2018 ✓ Notary SILVIA SENDRA tYC`M ISS! N#FF}0 :93 LAMES:August I 20111 d 'um lhi Notary Fublic m r ,I . .Z ill. amilleralb MEDIA COMPANY PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE Before the undersigned authority personally appeared: Jeannette Martinez who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Miami-Dade County,Florida; that the attached copy of advertisement that was published in said newspaper in the issue of: August 231!, 2017 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said rwspapers(s). ii 1 i / -il --iL, M _- worn to and subscribed before me this --.-- '231-d of August, 2017 My Compission Expires: August J, 2018 ,--- / Notary SILVIA SENORA COMMISSION Ii Flf 10$03 I i HP''S' Aupqi It 2018 .-.X - "': . 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