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Home My WebLink AboutR-2006-154 Fire Rescue Assessment RESOLUTION NO. 2006-154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA; REIMPOSING FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of Dania Beach, 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; and WHEREAS, the reimposition 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; and WHEREAS, the City Commission desires to reimpose a fire rescue assessment program within the City using the procedures provided by the Ordinance, including the tax bill collection method for the Fiscal Year beginning on October 1, 2006; and WHEREAS, the City Commission, on July 26, 2006 adopted Resolution No. 2006-128 (the "Preliminary Rate Resolution"), containing and referencing a brief and general description of the fire rescue services, facilities and programs 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 the updating and preparation of the Assessment Roll, provision of published notice required by the Ordinance, and mailed notice if circumstances described in Section 2.08(F) of the Ordinance so require; and WHEREAS, in order to reimpose Fire Rescue Assessments for the Fiscal Year beginning October 1, 2006, the Ordinance requires the City Commission to adopt an Annual Rate Resolution, during its budget adoption process for each Fiscal Year, which establishes the rate 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; and WHEREAS, the updated Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; and WHEREAS, notice of a public hearing has been published and mailed through the TRIM notice, as required by the terms of the Ordinance, which provides notice to all interested persons • of an opportunity to be heard; and WHEREAS, a public hearing was held on September 14, 2006, 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 BEACH, FLORIDA: Section 1. Authority. That this Resolution is adopted pursuant to the provisions of the Fire Rescue Assessment Ordinance (Ordinance No. 10-96), the Initial Assessment Resolution (Resolution No. 63-96) as revised and amended by Resolution No. 110-97, the Final Assessment Resolution (Resolution No. 72-96), and the Preliminary Rate Resolution (Resolution No. 2006- 128; Article VIII, Section 2, Florida Constitution; sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law. 2 RESOLUTION#2006-154 Section 2. Definitions and Interpretation. That this Resolution constitutes the Annual Rate Resolution as defined in Ordinance No. 10-96. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance, the Initial Assessment Resolution (Resolution No. 63-96), the Final Assessment Resolution (Resolution No. 72-96) and the Preliminary Rate Resolution. Section 3. Reimposition of Fire Rescue Assessments. (A) The parcels of Assessed Property described in the Assessment Roll, as updated, 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 Preliminary Rate Resolution, in the amount of the Fire Rescue Assessment set forth in the updated 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 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 Preliminary Rate Resolution. Adoption of this Annual Rate 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, the Initial Assessment Resolution (as revised and amended by Resolution No. 110-97), the Final Assessment Resolution, as amended, and the Preliminary Rate 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 Preliminary Rate Resolution. 3 RESOLUTION#2006-154 • (B) The method for computing Fire Rescue Assessments described or referenced in the Preliminary Rate Resolution is hereby approved. The Parcel Apportionment Methodology described in Appendix A of the Preliminary Rate Resolution and adopted in Section 7 of the Preliminary Rate Resolution is hereby approved. (C) For the Fiscal Year beginning October 1, 2006, the estimated Fire Rescue Assessed Cost to be assessed is $2,439,825.00. 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, 2006, are hereby established as follows: RESIDENTIAL Rate Per Dwelling Unit PROPERTY USE Vesi-dential EGORIES $95.55 NON- Vacant Per $31 RESIDENTIAL Acreage PROPERTY Building USE classification CATEGORIES (in square Industrial/ Hotel/ footage Commercial Assembly Warehouse Educational Motels Medical range) < 1,999 $218 $561 $37 $191 $217 $874 2,000 - 3,499 $437 $1,122 $73 $381 $435 $1,747 3,500 - 4,999 $764 $1,964 $128 $668 $760 $3,057 5,000 - 9,999 $1,092 $2,806 $183 $954 $1,086 $4,368 10,000 - $2,184 $5,612 $366 $1,907 $2,173 $8,735 19,999 20;000 - $4,368 $11,225 $732 $3,814 $4,346 $17,470 29,999 30,000 - $6,551 $16,837 $1,097 $5,722 $6,518 $26,206 39,999 40,000 - $8,735 $22,449 $1,463 $7,629 $8,691 $34,941 49,999 > 50,000 $10,919 $28,062 $1,829 $9,536 1 $10,864 1 $43,676 4 RESOLUTION#2006-154 (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 updated Assessment Roll, as herein approved, are hereby levied and reimposed on all parcels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2006. (E) No Fire Rescue Assessment shall be imposed upon a parcel whose use is wholly exempt from ad valorem taxation under Florida law. (F) 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 Resolution based upon the rates of assessment approved herein. (G) 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. (H) 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 4. Confirmation of Preliminary Rate Resolution. That the Preliminary Rate Resolution is hereby confirmed. Section 5. Effect of Adoption of Resolution. That the adoption of this Annual Rate 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 • 5 RESOLUTION#2006-154 competent jurisdiction to secure relief within 20 days from the date of this Annual Rate Resolution. Section 6. Severability. That 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 affecting the validity of the other provisions of this resolution. Section 7. Effective Date. That this Annual Rate Resolution shall take effect immediately upon its passage and adoption. PASSED and ADOPTED on this September 14, 2006. .� PATRICIA FLURY MAYOR-COMMISSIONER • A..TTTT}EST- CnJ LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORk AND CORRECTNESS: -)- lk BY: THOMAS J/AN RO CITY ATTORNEY 6 RESOLUTION#2006-154