HomeMy WebLinkAboutR-1998-097 I
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CITY OF DANIA, FLORIDA
RESOLUTION N0. 97-98
SUPPLEMENTAL FIRE RESCUE ASSESSMENT RESOLUTION
ADOPTED JUNE 23, 1998
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TABLE OF CONTENTS
Page
SECTION 1. AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION 2. DEFINITIONS AND INTERPRETATION. . . . . . . . . . . . . . . . . . . . 4
SECTION 3. FIRE RESCUE ASSESSMENTS. . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION 4. PULTE HOME CORPORATION PROPERTIES. . . . . . . . . . . . • • 7
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. . . . . . . . . . . . . . . . . 8
SECTION 6. SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SECTION 7. CONFLICTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
SECTION 8. EFFECTIVE DATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
APPENDIX A: FORM OF FIRE RESCUE ASSESSMENT BILL
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CITY OF DANIA, FLORIDA
RESOLUTION NO. 97-98
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; CONFIRMING THE IMPOSITION
OF FIRE RESCUE ASSESSMENTS AGAINST PARCELS
OF PROPERTY LOCATED WITHIN THE CITY OF DANIA
WHICH WERE EITHER OMITTED FROM THE
ASSESSMENT ROLL OR NOT LISTED ON THE TAX
ROLL AS OF THE EFFECTIVE DATE OF THE
ASSESSMENT ROLL; APPROVING A SUPPLEMENTAL
ASSESSMENT ROLL; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING AN
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EFFECTIVE DATE.
WHEREAS, the City Commission of the City 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 initiated 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 'Initial Assessment Resolution"), containing a brief and general description of
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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
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Roll and provision of the notice required by the Ordinance;
WHEREAS, the City Commission on August 13, 1996, adopted Resolution No.
72-96 (the "Final Assessment Resolution") which established a rate of assessment and
imposed Fire Rescue Assessments against assessed property located within the City of
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Dania;
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WHEREAS, the City Commission, on August 12, 1997, adopted Resolution
No. 110-97, updating the information used to document the historical demand for fire
rescue services and revising the parcel apportionment methodology to be subsequently
applied in calculating fire rescue assessments, estimating a rate of assessment for the
Fiscal Year beginning October 1, 1997, and directing preparation of the Assessment
Roll and provision of the notice required by the Ordinance;
WHEREAS, the City Commission on September 11, 1997, adopted Resolution
No. 130-97 which reimposed fire rescue assessments against assessed property within
the City of Dania for the Fiscal Year beginning October 1, 1997, approved the
assessment rate for that period, and approved the Assessment Roll;
WHEREAS, Section 2.12 of the Ordinance provides that when it shall appear
that any Fire Rescue Assessment should have been imposed under the Ordinance
against a parcel of property specially benefited by the provision of fire rescue services,
facilities, or programs, but that such property was omitted from the Assessment Roll or
2 RESOLUTION NO. 97-98
was not listed on the Tax Roll as an individual parcel of property as of the effective date
of the Assessment Roll approved by the Annual Rate Resolution for any upcoming
Fiscal Year, the City Commission may impose the applicable Fire Rescue Assessment
for the Fiscal Year in which such error is discovered;
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WHEREAS, Section 2.13 of the Ordinance provides that an interim Fire Rescue
Assessment shall be imposed against all property for which a Certificate of Occupancy
is issued after adoption of an Annual Rate Resolution and that the issuance of a
Certificate of Occupancy by mistake or inadvertence, without the payment in full of the
interim Fire Rescue Assessment, shall not relieve the Owner of such property of the
obligation of full payment;
WHEREAS, those parcels of property which were either (1) omitted from the
Assessment Roll, (2) not listed on the Tax Roll as of the effective date of the
Assessment Roll, or (3) subject to the issuance of a Certificate of Occupancy during
either or both the Fiscal Years beginning October 1, 1996 and October 1, 1997 have
been identified, included on a supplemental Assessment Roll, and sent a bill in
substantially the form attached as Appendix A hereto;
WHEREAS, a public hearing was held on June 23, 1998, and comments and
objections of all interested persons have been heard and considered; and
WHEREAS, the City Commission has considered the comments and objections
of Owners of certain property for which a Certificate of Occupancy was issued prior to
purchase from Pulte Home Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
3 RESOLUTION NO. 97-98
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SECTION 1. AUTHORITY. This Resolution is adopted pursuant to Ordinance
No. 10 -96, Resolution No. 63-96, Resolution No. 72-96, Resolution No. 110-97,
Resolution No. 130-97, sections 166.021 and 166.041, Florida Statutes, and other
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applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. All capitalized terms in
this Resolution shall have the meanings defined in the Ordinance, the Initial
Assessment Resolution and the Final Assessment Resolution.
SECTION 3. FIRE RESCUE ASSESSMENTS.
(A) The parcels of Assessed Property described in the supplemental
Assessment Roll, which is hereby approved, are hereby found to be, or have been,
specially benefited by the provision of the fire rescue services, facilities, and programs
described in the Initial Assessment Resolution, in the amount of the Fire Rescue
Assessment set forth in the supplemental 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 shown on the supplemental Assessment Roll is
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 Ordinance and Initial Assessment Resolution for the applicable
Fiscal Year. Adoption of this Resolution constitutes a legislative determination that all
such parcels assessed derive a special benefit, as set forth in the Ordinance, the Initial
Assessment Resolution and the Final Assessment Resolution, from the fire rescue
services, facilities, or programs to be provided and a legislative determination that the
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Fire Rescue Assessments to be imposed hereunder are fairly and reasonably
apportioned among the properties that receive such special benefit.
(B) As authorized in Section 2.12 of the Ordinance, Fire Rescue Assessments
are levied and imposed for the Fiscal Years beginning October 1, 1996 or October 1,
1997 against all property which was either omitted from the Assessment Roll or not
listed on the Tax Roll as of the effective date of the Assessment Roll.
(C) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue
Assessments are also levied and imposed on a pro rata basis for the Fiscal Years
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beginning October 1, 1996 or October 1, 1997 against all property for which a
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Certificate of Occupancy is issued after the commencement of the respective Fiscal
Year, based upon the rates of assessment approved herein.
(D) For convenience and administrative ease, any supplemental bill or notice
required by the Ordinance may be combined with any other similar supplemental bill or
notice being sent by the City to an affected landowner. The format and substance of
the applicable supplemental bill or notice in Appendix A hereto is hereby ratified and
confirmed.
(E) 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.
(F) The supplemental Assessment Roll as herein approved, together with the
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correction of any errors or omissions as provided for in the Ordinance, shall be
5 RESOLUTION NO. 97-98
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collected using the alternative method of collection described in Section 3.02 of the
Ordinance with any delinquencies to be collected pursuant to Section 3.02(E) of the
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Ordinance. Upon the request of an Owner, the City Clerk is directed and authorized to
alternatively allow such Owner to pay the Fire Rescue Assessment levied by this
resolution in equal quarterly installments together with an administrative fee of $20 to
recover the costs of collection and administration of such installment payment plan.
The Owner of a Tax Parcel electing to use the installment payment plan which is also
subject to a similar supplemental assessment for either solid waste services or
stormwater management or both, shall only be obligated to pay a single administrative
fee for each Tax Parcel. Unless otherwise directed by the City Commission, any
delinquencies resulting from such installment option shall be collected pursuant to
Section 3.02(E) of the Ordinance.
SECTION 4. PULTE HOME CORPORATION PROPERTIES.
(A) The City Commission has ascertained and determined that Owners of
certain property purchased from Pulte Home Corporation and which were added to the
Assessment Roll and are subject to interim Fire Rescue Assessments to be levied and
imposed on a pro rata basis for the Fiscal Years beginning October 1, 1996 and
October 1, 1997 may not have been properly addressed at closing on such parcels and
that a portion of such interim Fire Rescue Assessments should be collected from the
original owner, Pulte Home Corporation.
(B) The Owners of such properties are hereby granted an extension for
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payment of these interim Fire Rescue Assessments from July 1, 1998 to July 25, 1998.
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The Owners of these properties will be provided notice, by U.S. Mail, and given
6 RESOLUTION NO. 97-98
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instructions on the manner and procedure for timely seeking a recalculation of interim
Fire Rescue Assessments.
(C) After recalculation of these interim Fire Rescue Assessments, the City
Attorney and City Clerk are directed and authorized to seek reimbursement from Pulte
Home Corporation for its pro rata portion of all interim Fire Rescue Assessments due on
these properties.
(D) Owners timely seeking a recalculation of interim Fire Rescue
Assessments will remain eligible to select the quarterly installment option.
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SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
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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 any supplement thereto) and the levy and lien of the Fire Rescue
lAssessments), unless proper steps shall be initiated in a court of competent jurisdiction
i to secure relief within 20 days from the date of this Resolution.
SECTION 6. SEVERABILITY. 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 effecting the validity of the other provisions of this Resolution.
SECTION 7. CONFLICTS. That this Resolution or parts of resolutions in conflict
herewith, be and the same are repealed to the extent of such conflict.
SECTION 8. EFFECTIVE DATE. This Supplemental Fire Rescue Assessment
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Resolution shall take effect immediately upon its passage and adoption.
7 RESOLUTION NO. 97-98
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PASSED AND ADOPTED by the City Commission of the City of Dania, Florida
this 23'd day of June, 1998.
JIM CALI, MAYOR
APPROVED AS TO(FORM:
1N
THbMAS ANMRO, CITY ATTORNEY
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ATTEST:
MARIE J. JAf3ALEE, CITY CLERK
8 RESOLUTION NO. 97-98
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APPENDIX A
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FORM OF FIRE RESCUE ASSESSMENT BILL
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" Bill for Fire Rescue and Stormwater Services Assessments"'
City of Dania
100 West Dania Beach Boulevard CITY OF DANIA, FLORIDA
Dania, Florida 33004
BILL DATE: June 2, 1998
Sequence# «sequence»B4
Tax Parcel# «taXID»
Legal Description: «legalln
aownerl a
aaddressl»
aaddressl»
In July 1996, the City Commission of the City of Dania imposed annual assessments for fire rescue, stormwater and solid waste
services for the Fiscal Year October 1, 1996- September 30, 1997 and annually thereafter. The purpose of these assessments is to
fund fire rescue,stormwater and solid waste services benefiting improved property located within Dania. The annual assessments are
based on the classification of each parcel of property and number of billing units contained therein. The above parcel was either(1)
omitted from the Assessment Rolls for fire rescue and stormwater services,(2) not listed on the Tax Roll as of the effective date of the
Assessment Rolls or(3)subject to the issuance of a Certificate of Occupancy after October 1, 1996.
The following table shows the above parcel's classification, number of billing units and amounts due for the fire rescue and stormwater
assessments.
Classification Number of Billing Units Amount Due
Fire Rescue athisYearsCategory„ eunits»dwelling unit(s) afireAssess»
Stormwater NIA N/A esu' astormAssess»
`"equivalent stormwater units"
)e total amount due for the above parcel is etotAmtOuee.
A public hearing will be held at 7:30 p.m. on June 23, 1998, in the City Commission Room of City Hall, 100 West Dania Beach
Boulevard, Dania, Florida for the purpose of confirming the assessments on omitted or subsequently improved parcels. You and all
other affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20
days of this bill. If 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 to ensure that a verbatim record is made, including the testimony
and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special
accommodation or an interpreter to participate in this proceeding should contact the Office of Equal Opportunity at (954) 921-8700
extension 202 at least two business 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 determination of special benefit and fair apportionment to property, the method of
apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues
presented.
The annual assessments are due and payable on July 1, 1998 and will become delinquent 30 days later. The assessments
constitute a lien against the above property equal in rank and dignity with the liens of all state, county, district and municipal taxes and
special assessments for the current year. Failure to pay the assessment may cause these assessments to be placed on your
November 1998 property tax bill or cause the institution of foreclosure proceedings,either of which may result in a loss of title.
Copies of the authorizing assessment ordinances and the implementing resolutions are available for inspection at the City Clerk's
office in the Municipal Building,located at 100 West Dania Beach Boulevard,Dania, Florida.
If there is a mistake on this bill, it will be corrected. If you have any questions regarding your assessments, please contact the City at
(954)921-8700 extension 205,Monday through Friday,between 9:00 a.m. and 5:00 p.m.
°LEASE RETURN THIS PORTION WITH YOUR PAYMENT
emit to: City of Dania
Sequence# asequence»B-4 Amount Due: atotAmtDue»
Tax Parcel# ataxlDv Due Date: July 1, 1998
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***Bill for Fire Rescue, Stormwater and Solid Waste Services Assessment'
City of Dania
100 West Dania Beach Boulevard CITY OF DANIA, FLORIDA
Dania, Florida 33004
BILL DATE: June 2, 1998
Sequence# esequencea
Tax Parcel# ntaxlD»
j Legal Description: «legallp
«owned b
aaddresslu
«address2u
In July 1996, the City Commission of the City of Dania imposed annual assessments for fire rescue, stormwater and solid waste
services for the Fiscal Year October 1, 1996- September 30, 1997 and annually thereafter. The purpose of these assessments is to
fund fire rescue,stormwater and solid waste services benefiting improved property located within Dania. The annual assessments are
based on the classification of each parcel of property and number of billing units contained therein. The above parcel was either(1)
omitted from the Assessment Rolls for fire rescue, stormwater and solid waste services, (2) not listed on the Tax Roll as of the
effective date of the Assessment Rolls or(3)subject to the issuance of a Certificate of Occupancy after October 1, 1996.
The following table shows the above parcel's classification, number of billing units and amounts due for the fire rescue, stormwater
and solid waste assessments for Fiscal Years 1996-97 and 1997-98.
Classification Number of Billing Units FY 1996-97 FY 1997-98 FY 1998.99
Fire Rescue aunitsb dwelling units «SumOfcoFir aSumOffireAs aM_98firen
aCategoryb eAssessb Bess»
Stormwater aSumOfesub esu' aSumOfcoSto aSumOfstorm aM_98stormb
rmAssessb Assessb
Solid Waste aSumOfgarbageUnitsb N/A aSumOfgarba N/A
dwelling units geAssessb
.quivalent stormwater units"
The total amount due for the above parcel is aSumOftotAmtDuea.
A public hearing will be held at 7:30 p.m. on June 23, 1998, in the City Commission Room of City Hall, 100 West Dania Beach
Boulevard, Dania, Florida for the purpose of confirming the assessments on omitted or subsequently improved parcels. You and all
other affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20
days of this bill. If 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 to ensure that a verbatim record is made, including the testimony
and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special
accommodation or an interpreter to participate in this proceeding should contact the Office of Equal Opportunity at (954) 921-8700
extension 202 at least two business days prior to the dale 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 determination of special benefit and fair apportionment to property, the method of
apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues
presented.
The annual assessments are due and payable on July 1, 1998 and will become delinquent 30 days later. The assessments
constitute a lien against the above property equal in rank and dignity with the liens of all state, county, district and municipal taxes and
special assessments for the current year. Failure to pay the assessment may cause these assessments to be placed on your
November 1998 property tax bill or cause the institution of foreclosure proceedings,either of which may result in a loss of title.
Copies of the authorizing assessment ordinances and the implementing resolutions are available for inspection at the City Clerk's
office in the Municipal Building,located at 100 West Dania Beach Boulevard,Dania, Florida.
If there is a mistake on this bill, it will be corrected. If you have any questions regarding your assessments, please contact the City at
n54)921-8700 extension 205, Monday through Friday, between 9:00 a.m.and 5:00 p.m.
-:~EASE RETURN THIS PORTION WITH YOUR PAYMENT
Remit to: City of Dania
Sequence# «sequence» Amount Due: «SumOftotAmtDue»
Tax Parcel# ttaxID» Due Date: July 1, 1998
tow
"'Bill for Fire Rescue and Stormwater Services Assessments'
City of Dania
100 West Dania Beach Boulevard CITY OF DANIA, FLORIDA
Dania, Florida 33004
BILL DATE: June 2, 1998
Sequence# «sequence»C-5
Tax Parcel#See Attached
Legal Description: «legal»
aownerl*
eaddresslo
aaddress2a
In July 1996, the City Commission of the City of Dania imposed annual assessments for fire rescue, stormwater and solid waste
services for the Fiscal Year October 1, 1996- September 30. 1997 and annually thereafter. The purpose of these assessments is to
fund fire rescue, stormwater and solid waste services benefiting improved property located within Dania. The annual assessments are
based on the classification of each parcel of property and number of billing units contained therein.
Although the above parcel is Government Property, the City has only exempted from charge Government Property which is classified
as used for institutional purposes.
The following table shows the above parcel's classification, number of billing units and amount due for both the fire rescue and solid
waste assessment.
Classification Number of Billing Units Amount Due
Fire Rescue Assessment aclassification» «units» $aSumOftotalAssess
Stomtwater Assessment See Attached asu" $aSumOfStornAsses
S»
lquivalent stormwater units"
no total amount due for the above parcel is$KtotAmtDuov.
A public hearing will be held at 7:30 p.m. on June 23, 1998, in the City Commission Room of City Hall, 100 West Dania Beach
Boulevard, Dania, Florida for the purpose of confirming the assessments on omitted or subsequently improved parcels. You and all
other affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20
days of this bill. If 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 to ensure that a verbatim record is made, including the testimony
and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special
accommodation or an interpreter to participate in this proceeding should contact the Office of Equal Opportunity at (954) 921-8700
extension 202 at least two business 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 determination of special benefit and fair apportionment to property, the method of
apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues
presented.
The annual assessments are due and payable on July 1, 1998 and will become delinquent 30 days later. Failure to pay the
assessments may cause the City to initiate a mandamus or other appropriate judicial action to compel payment. All costs, fees and
expenses, including reasonable attorney fees and title search expenses, related to any mandamus or other action are expected to be
included in any judgment or decree rendered therein. All delinquent owners of Government Property against which a mandamus or
other appropriate action is filed may be liable for an apportioned amount of reasonable costs and expenses incurred by the City,
including reasonable attorney fees, in collection of such delinquent fire rescue assessments and any other costs incurred by the City
as a result of such delinquent special assessments and the same are expected to be collectible as a part of or in addition to,the costs
of the action.
Copies of the authorizing assessment ordinances and the implementing resolutions are available for inspection at the City Clerk's
office in the Municipal Building, located at 100 West Dania Beach Boulevard, Dania, Florida.
If there is a mistake on this bill, it will be corrected. If you have any questions regarding your assessments, please contact the City at
J54)921-8700 extension 205,Monday through Friday, between 9:00 a.m,and 5:00 p.m.
LEASE RETURN THIS PORTION WITH YOUR PAYMENT
Remit to: City of Dania
Sequence# asequenceNC-5 Amount Due: $atotAmtDue»
Tax Parcel #See Attached Due Date: July 1, 1998
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