HomeMy WebLinkAboutR-1996-072CITY OF DANIA, FLORIDA
RESOLUTTONNO. 72-96
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
RELATING TO THE PROVISION OF FIRE RESCUE
SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF
DANIA, FLORIDA; ESTABLISHING THE RATE OF
ASSESSMENT; IMPOSING FIRE RESCUE ASSESSMENTS
AGAINST ASSESSED PROPERTY LOCATED WITHIN THE
clry OF DANIA; APPROVING THE ASSESSMENT ROLL;
PROVIDING FOR SEVERABILIry; PROVIDING FOR
CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of Dania, Florida, has enacted Ordinance
No. 10-96 (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 Fire Rescue Assessed Costs among parcels of Assessed Property;
WHEREAS, the City Commission desires to initiate a fire rescue assessment
program within the City using the tax bill collection method for the Fiscal Year beginning on
October 1, 1996;
WHEREAS, the City Commission, on July 9, 1996, adopted Resolution No. 63-96
(the "lnitial Assessment Resolution"), containing a brief and general description of the fire
rescue facilities and services to be provided to Assessed Property, describing 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, estimating a
rate of assessment, and directing preparation of the Assessment Roll and provision of the
notice required by the Ordinance;
WHEREAS, pursuant to the provisions of the Ordinance, the City is required to
confirm or repeal the lnitial Assessment Resolution, 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, as required by the
terms of the Ordinance, mailed to each property owner proposed to be assessed notifying
such property owner of the Owner's opportunity to be heard, an affidavit regarding the form
of notice mailed to each property owner being attached hereto as Appendix A and the proof
of publication being attached hereto as Appendix B; and
WHEREAS, a public hearing was held on August 13, 1996, and comments and
objections of all interested persons have been heard and considered as required by the
terms of the Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to Ordinance No
10-96, Resolution No. 63-96, sections 166.021 and 166.041, Florida Statutes, and other
2
applicable provisions of law
SECTION 2. DEFINITIONS AND INTERPRETATION. This Resolution constitutes
the Final Assessment Resolution as defined in Ordinance No. 10-96. All capitalized terms
in this Resolution shall have the meanings defined in the Ordinance and the lnitial
Assessment Resolution.
SECTION 3. INITIAL ASSESSMENT RESOLUTION AMENDED.
(A) The legislative determinations of special benefit and fair apportionment in
Section 5 of the lnitial Assessment Resolution are hereby supplemented with the following:
lnsti uti nal Pro whose u m f
1a vaf inn r rnde I Flnriria lar,rr nrnrrida cililics ancl r rscs to th nersh i n
occu oants. and membershi o as well as the oublic in oeneral that otherwise
miqht be required to be provided bv the Citv and such propertv use serves
a leoitimate oublic ouroose and orovid a public benefit. Therefore. it is fair
not to im ose Fire Rescue Assessments u n U
of lnstitutional Prooertv whose use is mpt from ad valorem taxation under
Florida law.
(B) Accordingly, no Fire Rescue Assessment shall be imposed upon a parcel of
lnstitutional Property whose use is wholly exempt from ad valorem taxation under Florida
law. Except as modified, amended and supplemented herein, the lnitial Assessment
Resolution shall remain in full force and effect.
SECTION 4. FIRE RESCUE ASSESSMENTS.
(A) The parcels 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
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rescue services, facilities, and programs described in the lnitial Assessment Resolution,
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. lt is hereby ascertained, determined and declared that
each parcel of Assessed Property within the City will be benefited by the City's provision
of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue
Assessment for such parcel, computed in the manner set forth in the lnitial Assessment
Resolution as modified herein. Adoption of this Final Assessment Resolution constitutes
a legislative determination that all parcels assessed derive a special benefit, as set forth
in the Ordinance and the lnitial Assessment Resolution, from the fire rescue services,
facilities, or programs to be provided and a legislative determination that the Fire Rescue
Assessments are fairly and reasonably apportioned among the properties that receive the
special benefit as set forth in the lnitial Assessment Resolution as modified herein.
(B) The method for computing Fire Rescue Assessments described in the lnitial
Assessment Resolution, as modified, amended and supplemented herein, is hereby
approved.
(C) For the Fiscal Year beginning October'1, 1996, the estimated Fire Rescue
Assessed Cost to be assessed is $1,049,878. 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, 1996, are hereby established as follows:
4
Billing
Unit
Type
Building
Area(in sq. ft.)
Residential
Rates/Unit
Commercial
Rates
lndustrial/
Warehouse
Rates
lnstitutional
Rates
N ursing
Home
Rates
Dwelling
Unit
N/A $E5.1E
Parcel <1,999 $64.35 $8.16 $279.',!7 $279.17
2,000-3,499 $'r 28.70 $16.32 $558.33 $558.33
3,500-4,999 $225.23 $28.55 $977.08 $977.08
5,000-9,999 $321.76 $40.79 $1,395.83 $1,395.83
10,000-19,999 $643.52 $81 .58 $2,791.67 $2,791 .67
20,000-29,999 $1,287.05 $ 163. 17 $5,583.33 $5,s83.33
30,000-39,999 $'r ,930.57 $244.75 $8.375.00 $8,375.00
40,000-49,999 $2,574.09 s326.33 $1 '1.166.67 $11,166.67
>50,000 $3,217.62 $407.9'1 $13,958.33 $13,958.33
The above rates of assessment are hereby approved. Except as otherwise provided
herein, the 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 parcels of Assessed Property described in the Assessment Roll.
(D) 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.
(E) As authorized in Section 2.13 ol 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 Resolution based upon the rates of assessment
approved herein.
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(F) 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, district 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.
(G) The Assessment Roll as herein approved, together with the correction of any
errors or omissions as provided for in the Ordinance, shall be delivered to the Tax Collector
for collection using the tax bill collection method in the manner prescribed by the
Ordinance.
SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION.
The lnitial Assessment Resolution, as modified, amended and supplemented herein,
is hereby confirmed.
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION' The adoption of this
Final Assessment Resolution shall 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. SEVERABILIfi. lf 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.
6
SECTION L CONFLICTS. That this Resolution or parts of resolutions in conflict
herewith, be and the same are repealed to the extent of such conflict.
SECTION 9. EFFECTIVE DATE. This Final Assessment Resolution shall take
effect immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 13th day ofAugust, 1996.
ATTEST:
OMMISSI ER
4"^J c'1ul'u
CITY ATTORNEY
7
RESOLUTION NO. 72-96
fL+tdJ+h,
CITY CLER(-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
CITY OF DANIA, FLORIDA
FINAL ASSESSMENT RESOLUTION
ADOPTED AUGUST 13, 1996
TABLE OF CONTENTS
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
APPENDIX B:PROOF OF PUBLICATION
Page
AUTHORITY
DEFINITIONS AND INTERPRETATION.
INITIALASSESSMENTRESOLUTIONAMENDED. .....
FIRE RESCUEASSESSMENTS. . . . .
CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION.
EFFECT OF ADOPTION OF RESOLUTION. . . .
SEVERABILIry
CONFLICTS.
EFFECTIVE DATE.
APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS
2
3)
6
6
6
7
7
. A-1. B-1
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERW OWNERS
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Marie J. Jabalee,
Camille S. Gianatasio, Kevin M. Butler, and Joseph W. Biggs, who, after being duly sworn,
depose and say:
1. Marie J. Jabalee, as City Clerk of the City of Dania, Florida ("City"), pursuant
to that certain specialized service agreement with Government Systems Group, L.C-
("GSG") and David M. Griffith & Associates, Ltd. ('DMG") dated February 27, 1996, 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 Sections 2.03,2.04, and 2.05 of the Fire Rescue Assessment
Ordinance adopted bythe City Commission on July 9, 1996 (the "Assessment Ordinance")
in conformance with the lnitial Assessment Resolution adopted by the City Commission on
July 9, 1996 (the "lnitial Assessment Resolution").
2. Camille S. Gianatasio is Vice President of Government Systems Group, L.C.
("GSG"). GSG has caused the notices required by Section 2.05 of the Assessment
Ordinance to be prepared in conformance with the lnitial 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
A-1
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.
3. On or before July 23, 1996, GSG delivered and directed the mailing of the
above-referenced notices by Mail Master of Tallahassee, lnc. ("Mail Maste/') and Modern
Mailers, lnc. ("Modern Mailers"), in accordance with Section 2.05 of the Assessment
Ordinance by First Class Mail, to each Owner of Assessed Property (as defined in the
Assessment Ordinance) shown on the initial Assessment Roll. prepared in accordance with
the lnitial Assessment Resolution, at the addresses then shown on the real property
assessment tax roll database maintained by the Broward County Property Appraiser for the
purpose of the levy and collection of ad valorem taxes.
4. Kevin M. Butler is President of Mail Master. As directed above, Mail Master,
mailed or caused to be mailed on or before July 23, 1996, the above-referenced notices
delivered to Mail Master by GSG.
5. Joseph W. Biggs is President of Modern Mailers. As directed above, Modern
Mailers, mailed or caused to be mailed on or before July 23, 1996, the above-referenced
notices delivered to Modern Mailers by GSG.
A-2
FURTHER AFFIANTS SAYETH NOT
Marie J. Ja lee, affiant
am S. Giana , affiant
Kevin M. Butler, affiant
Biggs,a
STATE OF FLORIDA
COUNry OF BROWARD
,, The foregoing Affidavit of Mailing was sworn to and subscribed before me this7 day of August, 1996 by Marie J. Jabalee, City Clerk, City of Dania, Florida. She
as identification and did take
Printed Name D
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
.qrtlrAlsnA ccJlA
crunlilia r: sr.rrer,.'llAccHlA
NOTArJ PUTLI' 51AiE OF
COI{}..,iiSS:C:.1 1,r-11. CC308513
MY COMMISSiON ;XP. AUC. T 1997
t
A-3
is peJsonallv known to me or has produced
an oath.
7
lnc., a
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of August, 1996 by Camille S Gianatasio,Vice P Govern ment
S stems Group, L.C., a Florida limited corporation. She is
STATE OF FLORIDA
COUNTY OF LEON
has produced
STATE OF FLORIDA
COUNTY OF LEON
as identification and did t an oa
Printed Name
r
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
The foregoing Affidavit of Mailing was sworn to an
day ofAugust, 1996 by Kevin M ident
xrtudm E. un&EY
MY Cor,iillsslotl I CC5502S E0!8[s
lrarch 23 191'9
sonoEoTlnurmY t^lx llg sE llo
d subscribed before me this
Mail Master of Tallahassee,I
.$$xr.k,,
,,.r#e,,u.c.s
-+$fl{?,
i,.,#
as identification and did take an oa
STATE OF FLORIDA
COUNTY OF LEON
Florida corporation. He i
noath
r has produced
Printed Name
Notary Public, State of Florida
At Large
My Commission Expires
Commission No.:
,
Kdrdno E. th&.Y
MY COMMISSI0i{ , cc553295 D(PIRES
March 23. 1999
mmEo TNAU TB0Y rN{ [|slmf,€, lrlc.
P The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of August, 1996 b President, Modern Mailers, lnc., aJ
Florida corporation. He is
identification and did take a
or has prod uced AS
Prrnted Name:
Florida
At Large
My Commission
Commission No.:
Exp Il
rsonally known tom
rsona I known to me
A-4
t.
Notary Public, State
s
ilcc 371092
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33063
Owner Name
Address
City, State Zip
APPENDIX F
FORM OF NOTICE TO BE MAILED
CITY OF DANIA, FLORIDA
NOTICE OF HEARING TO IMPOSE AND PROV|DE
FOR COLLECTION OF FIRE RESCUE NON.AO
VALOREM ASSESSMENTS
NOTICE DATE: July 23, 1996
As required by Section '197.3632, Flcrida Statutes, notice is given by the City of Dania that an
annual assessment fcr fire rescue services using the tax bill collection method, inay be levied
on your property for the fiscal year October 1 , 1 996 - September 30, 1997. The purpose ot this
assessment is to fund fire rescue ser,rices benefiting improved property located within the City
of oania. The totat annual fire rescue assessment revenue to be collected within the City of
Daniaisestimatedtobe$-.TheannualfirerescueaSsessmentiSbased
on the classification of each parcel of property and number of billing units contained therein.
The above parcel is classified as
The annual fire rescue assessment for the above parcel is $-
A public hearing will be held at 7:30 p.m. on August 13, 1996, in the City Commission Chambers
of City Hall, 100 West Dania Beach Boulevard, Dania, Florida for the purpose of receiving public
comment on the proposed assessments. You and all other afiected property owners have a right
to appear at the hearing and to file written objections with the City Comr,nission within 20 days
of this notice. lf you decide to appeal any decision made by the City Commission with respect
to any matter considered at the hearing, you will need a record of the proceedings and may need
F-1
* * 'r * ' NoTlcE To PROPERW OWNER i *:r !t 't
Tax Parcel i _
Legal Description: _
The total number of billing units on the above parcel is
to ensure that a verbatim record is made, including the testimony and evidence upon which the
appeal is to be made. ln accordance with the Americans with Disabilities Act, persons needing
a special accommodation or an interpreter to participate in this proceeding should contact the
City Clerk's office at (954)921-8700, extension 202, at least two days prior to the date of the
hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20
days from the date of City Commission action at the above hearing (including the method of
apportionment, the rate of assessment and the imposition of assessments), such action shall be
the final adjudication of the issues presented.
Copies of the Fire Rescue Assessment Ordinance, the lnitial Assessment Resolution and the
preliminary assessment roll are available for inspection at the City Clerk's office in the Municipal
Building, located at 100 West Dania Beach Boulevard, Dania, Florida.
Both the fire rescue non-ad valorem assessment amount shown on this notice and the ad
valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in
November. Failure to pay the assessments will cause a tax certificate to be issued against the
property which may result in a loss of title.
lf there is a mistake on this notice, it will be conected. lf you have any questions regarding your
fire rescue assessment, please contact the City Fire Rescue Department at (954)921€700,
extension 310, or the Finance Department at (954) 921-8700, extension 202, Monday through
Friday between 9:00 a.m. and 5:00 p.m. lf you have a conection, please fill out the enclosed
conection request card and retum it to the City immediately.
IS NOT A BILL " .-'
F-2
APPENDIX B
PROOF OF PUBLICATION
APPENDIX B
PROOF OF PUBLICATION
SUN-SENTINEL
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Ftorida
STATE OI' FLORIDA
COUNTY OF BROWARD/PALM BEAC'II
Beforc lhe undersigned authorily pcrsonelly eppeared
wbo on oelh 'ryr th:rt hc is
Sup erv i s or oI thc Sun-Sentinel, deily ncrrprpcr publishcdin Drowerd/Pelm Bcech C.ounty, Floridr, that the tueched copy ol rdvertiscmcnt,
being e Notice of Hearing
in lhe mrller of
in the C-ourt
wer publirhed ilr leid lewrpeper ia the issuer of JulY 23' 1996
A(firnt furlhcl tl,'r thrr lhc t.id sur-scnlilcl ir r ncwsprpcr publirhcd ia reid Browrrd/ '
Prlm Bcrch c-ounty, f{oride, r'd rhrt rhc reid ncwrpetrer har hcreroforc becn cortinuourly
published il reid Browtrd/Pdm Bcrch Crurty, Florid., crch dey, erd heve bccn enlcred
rs recond clarr mrller .l the post officc il Fort Lruderdale, il trid Brorerd c-ounty, Floridr,
for r period of one ye.r rert preccding rhc firrt publicetion of tho .ttrcf,cd copy o[ edvcrtise-
menl, end rffienl 'ryr tber hc ter leithcr peid lor promiscd rny penol, [irm or corpor.lio[
rny dircounl, rcbelc, commirrioo or rcfund for the purposc of rccurilg lhis edverriscment
for publicelion in reid nc*:pepcr- Lt..i/,'llt^i i
(Sigorruro of Allhnt)
Sworn to ud rubccribcd bcfore nc lhir 23Td day
PASTE COPY o}. LEGAI, NoTILI] IIERE
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o[ July
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(Signeturc of Notrry Public)
-.iil MREARA SIRICKIAND(Name of Notary $ped, pritrted or stemped)_Mv c{ri/,,flssofl, cc a}7617 IXPIBIS
B0fJ0f0 nu inov fl$t lltsrlullcE. Irlc.
Pcrsonally Known _or Produced Idcntificetion
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19 96
N(}TICE ()F HEARING T() IMP(}SE AiID
PR()UIDE F(}R COLLECTI(I}I ()F FIBE
RESCUE SPECIAL ASSESSMENTS
Notice is hereby given thal lhe Crty Co:nmrsslon ol lhe City of Dania wrll
conducl a public hearinq lo consrder rmp.osrng lrre rescue spocialassgss-
ments lor the provision bl lire rescue s{ rvrces within the City ol Dania.
Ths heanog will b€ held at 7:30 p.m on August 13. 1996. in t'he Cdy
Commlssion Chambers ol Crty Hall. 1c0 Wrst Dania Beach Boulevad.
Dania, Florftla, lor the purpose of recer\nng public comment on the pro-
posod ass€ssrnents. All allecled propeity owners have a nght to appear
at the hearing and ro lile wrinen obie,lions wrlh lhe City Commission
within 20 daya ol ihis notrce. lf a person decrdes lo appeal any d€cisbn
made by the Cih Commrasioners wilh respecl lo any mattsr considered al
lhe hearing, st.ch person will need a record ol the proc66dings and may
need lo ensure that a verbatim lecord is made, induding the lestimony
and Bvid€nce upon which the appeal is to be made. ln accordance with
lho Americans with Disabilitigs Act, persons needing a special accommo-
dation or an interpreter to panrcipato in lhis procesding should contact the
City Cl6rk's office at (99) 921-8700, at lsast two days prior lo the date of
ths hearing.
Th€ assessm€nl lor each parcsl of property will be based upon eacft
parcel's classification and lhe total numbor ot billing units attribut6d to that
parcol. The lollowing table rellects the plopos€d lire rascu€ assossment
sc,hedule.
Copies ol the Fire Bescue Assossment Ordinancs, lnitial Assessment
Besolution and ths proliminary Assossmant Roll are available foi in-
sp€ction at the City Clofi's otfic€ in th€ Municipal Building, located at 100
Wesl Dania B€ach Boulevard, Dania, Florida.
The assessm€nts will be collected on the ad valorom tar billlo be mailed
in Novemb€r 1996, as authorizsd by Section 197.3632, Florida Statules.
Failure to pay the assessments will cause a tax cortificate to be issusd
against the property which may rssult in a loss of title.
ll you have any quostions, pl6ase contacl the City Fira Rescue Depan-
menl at (954) 921-8700, ext€nsion 205, Monday through Friday batween
9:00 a.m. and 5:00 p.m.
MIIYOFIIDANIIA
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i
1{
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lndustris!
waroho0se
Flates
hstrlutimal
Bales
Nursing
tdome
Bates
EliIing
UTliI
Type
Buikfttg
AreS
(in sq. ft)Resdentlal
Ratesrunrl
Cofin€ioal
Fat€s
DrBttng
Unil
ftrA $9{ 90
$311.03< 1,999 t7170 $9.08 03r 1.03t'arcel
s11340 $1815 $622 06 s622.06$2,000-3,499
g]1.77 $1,088 61 $1.68.613,500.4,999
$45.38 31,555.15 $1,555159,358.51
$s0 76 $3, r 10.31 t3.1r0.3110,000.19,999 $717.01
m,000-29,999 $1,134.02 $181.52 $6220.61 s.220.61
30,000-39,999 $2.151.03 $272.n $9.300 00 $9,300.m
$2,868.M $363.04 $r2.441.23 $12,141.2340,00049,999
M53.80 $15.551.54 $15,551.51> 50,000 $3,585.06
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