HomeMy WebLinkAboutR-2003-212 Fire Rescue Assessment Final rate FY 03 04 RESOLUTION NO. 2003 -212
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, 2003;
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, 2003; and
WHEREAS, the City Commission, on July 24, 2003, adopted Resolution No.
2003-173 (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
- 1 - RESOLUTION NO. 2003-212
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, 2003, 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 11, 2003, 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. 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
- 2 - RESOLUTION NO. 2003-212
Resolution (Resolution No. 2003-173); Article VIII, Section 2, Florida Constitution;
sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law.
Section 2. Definitions and Interpretation. 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
- 3 - RESOLUTION NO. 2003-212
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.
(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 B 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, 2003, the estimated Fire Rescue
Cost to be generated through assessment is $2,223,463. 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, 2003, are hereby
established as follows:
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® RESIDENTIAL Rate Per Dwelling Unit
PROPERTY
USE
CATEGORIES
Residential $91
NOW Vacant Per
RESIDENTIAL Acreage $69
PROPERTY
USE Building
CATEGORIES classification
(in square Industrial/ Hotel/
footage Commercial Assembly Warehouse Educational Motels Medical
range)
< 1,999 $248 $477 $47 $67 $390 $520
2,000 -3,499 $495 $953 $95 $133 $781 $1,040
3,500 -4,999 $867 $1,668 $166 $233 $1,367 $1,820
5,000-9,999 $1,239 $2,383 $237 $333 $1,952 $2,600
10,000- $2 477 $4,766 $473 $667 $3,905 $5,199
19,999
2 , - $4,954 $9,532 $946 $1,334 $7,809 $10,399
29,999 999
30,000- $7,431 $14,298 $1,419 $2,001 $11,714 $15,598
39,999
® 40,000 - $9 908 $19,064 $1,893 $2,668 $15,619 $20,797
49,999
> 50,000 $12,385 $23,830 $2,366 $3,335 $19,523 $25,997
(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, 2003.
(E) No Fire Rescue Assessment shall be imposed upon a parcel whose use is
wholly exempt from ad valorem taxation under Florida law.
- 5 - RESOLUTION NO. 2003-212
® (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. The Preliminary
Rate Resolution is hereby confirmed.
Section 5. Effect of Adoption of Resolution. 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 competent jurisdiction
to secure relief within 20 days from the date of this Annual Rate Resolution.
Section 6. Severability. If any clause, section or other part of this resolution
is
- 6 - RESOLUTION NO. 2003-212
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. This Annual Rate Resolution shall take effect
immediately upon its passage and adoption.
PASSED and ADOPTED on this 11 th day of September, 2003.
OB A TON
MAYOR - CO Z ISSIONER
• ATTEST- ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER MCELYEA - YES
CHARLENE J SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON —YES
APPROVED AS T F M AND CORRECTNESS:
BY:
THOM S J."ANSBRO
CITY ATTORNEY
•
- 7 - RESOLUTION NO. 2003-212
The Miami Herald
A Knight-Ridder Newspaper
•
PUBLISHED DAILY
NIIAM,FLORIDA
STATE OF FLORIDA
COUNTY OFDADE
Before the undersigned authority personally appeared:
Anne Devereaux
who on oath that he/she is
DISPLAY ADVERTISING MANAGER
of The Miami Herald,a daily newspaper ublished at Miami in D de County,Florida,that the
advertisement for C ; 0- T
was published in said newspaper m the issue of:
•
Affiant further says that the said Miami Herald is a newspaper published at Miami,in the said 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 Dade County,Florida,for a period of one year next preceding the first publication of the attached
copy of advertisement.
Anne Devereaux
Sworn to and subscnbed before me
L J
This I:p 1 fday of A.D. 2003
M HenryOFF
nnu` AfimtftC ��
WW .e.A-v I®111 Ur rim; nca%puc arrt#IAL ASStSSMENT
STORMWATER ASSESSMENTS, AND SOLID WASTE
SERVICE SPECIAL ASSESSMENTS
CITY OF DANIA BEACH
BOUNDARY
IMAP
n
THE REFERENCED MAP SHOWS THE ENTIRE CITY OF DANIA BEACH AND ANNEXED'AREA WEST OF THE CITY.THE
MAP REFLECTS THAT FIRE RESCUE ASSESSMENTS AND STORMWATER ASSESSMENTS ARE BEING IMPOSED ON
IMPROVED PROPERTY CITY-WIDE,WHILE SOLID WASTE SPECIAL ASSESSMENTS ARE BEING IMPOSED ONLY ON
RESIDENTIAL PROPERTY WEST OF RAVENSWOOD ROAD(REFERRED TO AS THE-SOLID WASTE ASSESSMENT AREA7.
FIRE RESCUE SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Dania Beach will conduct a pt
hearing to consider reimposing fire rescue assessments for the provision of fire rescue services wi
the City of Dania Beach for the Fiscal Year beginning October 1,2003.
The assessment for each parcel of property will be based upon each parcel's classification
the total number of billing units attributed to that parcel.The following table reflects the proposed
rescue assessment schedule
STORMWATER SPECIAL ASSESSMENTS
Notice is he given that the City Commission of the City of Dania Beach will conduct a public hearing to consider reimposition of sto,
water assessments for the provision of storm water management§ervices within the City of Dania Beach for the Fiscal Year beginning October
2003.
The stormwater assessments are based on two components-the impervious area of the property and the peroentag.e of impervious area
compared in the median single family home.Both variables are required to determine the appropriate amount of stormwater runoff generated i
impervious surface on each parcel of property.Impervious surfaces include the roof top,patios,driveways,parking lots and similar areas.The Ci
has determined that the median single-family residence in the City includes 1,720 square feet of impervious surface on a median lot size of 6,5c
square feet,which is defined as one"equivalent residential unit"or"EAU"and has an impervious factor of 0.26.The annual stormwater assessmei
rate for the upcoming fiscal year will be$23.00 for each ERU.Since verifying the impervious surface for each single-family residence in the City is
practical impossibility,all single-family residences have been assigned one ERU.Mobile homes on owner occupied lots in trai
assigned one-half ERU.All other properties have been calculated individually as follows: ler parks have bee
•For condominiums,the total impervious area(IA)is calculated for the condominium community,including parking and
association property.The total area(rA)encompassed by the development is determined as follows:
((Wl720)x(rW(0.26 x TA))/number of units in complex.
•While vacant property has no impervious area,it may still contribute to the City's stormwater system,so the assessment
is based on the total area(TA).As a result,vacant property assessments are calculated without the operation component
as follows:0.2 x TA16500.
•For mobile home parks,the typical mobile home,drive,pad and ancillary activities constitute 1300 square feet Therefore
the total impervious area(T1A)for mobile home parks was determined by multiplying the number of potential mobile
homes by 1300.The formula is:(13 x No of MHs/1720)x(rW(0.26 x TA)
•For all other property uses the total impervious area(TIA)is calculated for the property,including parking.The total area%
(TA)encompassed by the development is also calculated.The assessment is determined as follows:(TW1720)x(TW(0.26 x TA)
A new credit system has been developed for those properties that retain stormwater on site.The policy grants an eighty(60)percent
credit to those properties.Properties that cannot benefit in anyway from the City's stormwater program are granted 100 percent credits.
Copies of the Stormwater Utility Ordinance(Ordinance No.13-96),the Initial Stormwater Assessment Resolution(Resolution No.73-96),the Final
Stormwater Assessment Resolution(Resolution No.73-96,as amended by Resolution NO.103-96 and Resolution 116-96).the Preliminary Rate
Resolution initiating the annual process of updating theAssessment Roll and reimposing the Stormwater Assessments the proposed amendments to
othe Stormwater Ordinance and the updated Stormwater Assessment Roll for the upcoming fiscal year are available to,r inspection at the City Clerk's
office.
If you have any questions,please contact the City's Department of Finance at(954)924-3672 between 9:00 a.m.and 4:00 p.m.
A PUBLIC HEARING WILL BE HELD AT 7.00 P.M. ON SEPTEMBER 11, 2003, IN THE CITI
BEACH, FLORIDA, FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT ON ALL OF THE
and to file written objections with the City Commission within 20 days of this notice. If a pe,
considered at the hearing, such person will need a record of the proceedings and may need t
appeal is to be made. In accordance with the Americans with Disabilities Act, persons needinc
City Clerk's office at(954)924-3622,at least two days prior to the date of the hearing.
..__.__-.-- -
PROPERTY Rate Per Dwelling nit .-:......1 "Tba
USE
CATEGORIES
Residential $91
NOW Vacant Per —
RESIDENTIAL Acreage $69
PROPERTY --
• USE Building b
CATEGORIES Classification unu
(in square Industrial/.
footage Commercial Assembly yyarehouse Educational Hotel/Motels Medical
age) �sl
nee i
<1,999 $248 $477 $47 $67 $390 $520 2ilE
2,000-3,499 95 953 95 133 781 1 040
3,500-4,999 $867 $1 668 $166 $233 $1 367 a$2,9600
5 000-9,999 1 239 2 383 237 33 1 952 se,
10,000 - :ou
19,999 $2,477 $4,766 $473 $667 :$3,905 $5,199
20,000 - - �9
29 999 - $4 954 $9 532 $946 "$1 334 $7 809 $10 399 5si
30,000 mo!
39,999 $7,431 $14,298 $1,419 $2,001 $11,714 "$15,598 s
40,000 - ras
49 999 $9 908 $19 064 $1 893 $2 668 $15 619 $20 797 ariJii
>50,000 $12,385 $23,830 $2,366 1 $3,335 $19,523 $25,997 file.
Vr
Copies of the Fire Rescue Assessment Ordinance(Ordinance No.10-96) the Initial Assessment Resolution(Resolution%i.
63-96),Resolution No.110-97,the Final Assessment Resolution(Resolution No.72-96),the Preliminary Rate Resolution initiating t i;
annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, documentation related to I'd
estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition of Fire.Rescue Assessments,and
updated Assessment Roll for the upcoming fiscal year.are available for inspection at the City Clerk's office.
B you have any questions, please contact the City s Department of Finance at (954) 924-3672, Monday througfi
Friday between 9'00 a.m.and 4:00 p.m.
WASTE SERVICE ASSESSMENTS
,Anl;
Notice is hereby given that the city Commission of the City of Dania Beach will conduct a public hearing tl1
® consider reimposing solid waste service assessments for the Fiscal Year beginning October 1, 2003, again;
Certain improved residential properties located within those incorporated areas of.the City of Dania Beach! .
annexed pursuant to Chapter 90-483,.Laws of Florida,and Chapter 2000-474,Laws of Florida(referred to as the::;
'Solid Waste Assessment Area"), or any other incorporated area served by water and sewer service providetsa
other than the City,to fund the cost of solid waste collection and disposal services and programs provided to such}
properties and to authorize collection-of.such assessments on the tax bill )OM;
The solid waste service assessments will be computed by multiplying the number of dwelling units on.
each parcel by the rate of assessment The rate of assessment for the upcoming fiscal year shall be $236.76;,
Unimproved properties, mobile home parks,.apartments with four or more dwelling units, condominiums, or
commercial properties are not subject to the solid waste service assessment
Copies of the Solid Waste Service Assessment Ordinance(Ordinance No. 9-96),the Initial Assessmeq,
Resolution (Resolution No.64-96),the Final Assessment Resolution (Resolution No. 71-96),the Preliminary Rate
Resolution initiating the annual process of updating the Assessment Roll and reimposing the Solid waste Service°
Assessments, and the updated Assessment Roll for the upcoming fiscal year are available for inspection at tqq..
City Clerk's office.
nsi
`ff you have any questons,please contact the City's Department of Finance at(954) 924 3672, Monday
through Friday between 9:00 a.m.and 4 00 p.m. ; ,_ Ono?
The above special assessments will be collected on the ad valorem tax bill to be mailed in NovemMr6
2003, as authorized by section 197.3632, Florida Statutes. Failure to pay the assessments will cause a taii''
certificate to be issued against the property which may result in a loss of title(ownership)of one's real property:
These special assessment programs proved to be successful last year in fairly and efficiently providing a much-.'
needed altemative funding and collection approach for these vital and essential services. !
- - boi
;OMMISSION CHAMBERS OF CITY HALL, 100 WEST DANIA BEACH BOULEVARD, DANIA:b
MPOSED ASSESSMENTS.All affected property owners have a right to appear at the hearing
an decides to appeal any decision made.by the City Commission with respect to any matter
ensure that a verbatim record is made, including the testimony and evidence upon which the
• i special accommodation.or an interpreter to participate in this proceeding should contact the
CITY COMMISSION OF THE
,, CITY OF DANIA BEACH, FLORIDA2