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HomeMy WebLinkAboutR-1997-130 I CITY OF DANIA, FLORIDA RESOLUTION NO. 130-97 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; REIMPOSING FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF DANIA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; 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 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 Fire Rescue Assessed Costs among parcels of Assessed Property; WHEREAS, the City Commission desires to reimpose a fire rescue assessment program within the City using the tax bill collection method for the Fiscal Year beginning on October 1, 1997; WHEREAS, the City Commission, on August 12, 1997, adopted Resolution No. 110-97 (the 'Preliminary Rate Resolution"), which superseded and supplanted Resolution No. 106-97; i I WHEREAS, the Preliminary Rate Resolution contains and references a brief and general description of the fire rescue facilities and services to be provided to Assessed Property, describes the revised method of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment for fire rescue services, facilities, and programs against Assessed Property, estimates a rate of assessment, and directs the updating and preparation of the Assessment Roll and provision of the notice required by the Ordinance; WHEREAS, in order to reimpose Fire Rescue Assessments for the Fiscal Year beginning October 1, 1997, 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; WHEREAS,the updated 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 mailed, as required by the terms of the Ordinance, which provides notice to all interested persons of an opportunity to be heard; an affidavit regarding the form of notice mailed being attached hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and 2 sa 4 WHEREAS, a public hearing was held on September 11, 1997, 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: r SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, the Preliminary Rate Resolution, 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 the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in such Ordinance, the Initial Assessment Resolution (Resolution No. 63-96), the Final Assessment Resolution (Resolution No. 72-96) and the Preliminary Rate Resolution (Resolution No. 110-97). 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 3 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, 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. (B) The method for computing Fire Rescue Assessments described or referenced in the Preliminary Rate Resolution is hereby approved. (C) For the Fiscal Year beginning October 1, 1997, the estimated Fire Rescue Assessed Cost to be assessed is $1,316,993. The Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment (as revised in the Preliminary Rate Resolution) to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 1997, are hereby established as follows: 4 Billing Building Industrial/ Nursing Unit Area Residential Commercial I Warehouse Institutional Home Type (in sq.ft.) Rates/Unit Rates Rates Rates Rates Dwelling Unit N/A $81.35 Parcel <1,999 $108.35 $12.10 $227.44 $227.44 2,000-3,499 $216.70 $24.19 $454.88 $454.88 3,500-4,999 $379.23 $42.34 $796.04 $796.04 5,000-9,999 $541.75 $60.48 $1,137.21 $1,137.21 10,000-19,999 $1,083.51 $120.97 $2,274.41 $2,274.41 20,000-29.999 $2,167.02 $241.93 $4,548.82 $4.548.82 30,000-39,999 $3,250.53 $362.90 $6,823.24 $6,823.24 40,000-49,999 $4,334.03 $483.87 $9,097.65 $9,097.65 >50,000 1 $5,417.54 $604.83 $11,372.06 $11,372.06 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, 1997. (D) No Fire Rescue Assessment shall be imposed upon a parcel of Institutional Property whose use is wholly exempt from ad valorem taxation under Florida law. 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. 5 I i (E) 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. (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 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. 6 SECTION S. EFFECTIVE DATE. This Annual Rate Resolution shall take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 11th day of September, 1997. BERT MIKES(/ MAYOR - COMMISSIONER ATT ST:::' J MARIE J. ABALEE CITY CLERK -AUDITOR APP V AS TO jTRM AND CORRECTNESS FRAN C. ADLER, . CITY ATTORNEY 7 RESOLUTION NO . 130-97 APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Marie J. Jabalee, Camille S. Gianatasio, and Kevin Butler, 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 professional services agreement involving Government Services Group, Inc. ("GSG') adopted by the City Commission on May 27,1997, 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, 2.05 and 2.08 of the Fire Rescue Assessment Ordinance adopted by the City Commission on July 9, 1996 (the "Assessment Ordinance") in conformance with the Preliminary Rate Resolution adopted by the City Commission on August 12, 1997 (the 'Preliminary Rate Resolution"). 2. Camille S. Gianatasio is Vice President of GSG. GSG has caused the notices required by Sections 2.05 and 2.08 of the Assessment Ordinance to be prepared in conformance with the Preliminary Rate 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 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 w A-1 i I i 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 August 21, 1997, GSG delivered and directed the mailing of the above-referenced notices by Mail Master of Tallahassee, Inc. ("Mail Master"), in accordance with Sections 2.05 and 2.08 of the Assessment Ordinance by First Class Mail, to each Owner of Assessed Property (as defined in the Assessment Ordinance) shown on the updated Assessment Roll, prepared in accordance with the Preliminary Rate 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. Notices to property owners receiving multiple individual notices were mailed, or caused to be mailed by GSG on or before August 21, 1997. 4. Kevin Butler is President of Mail Master. As directed above, Mail Master, mailed or caused to be mailed on or before August 21, 1997, the above-referenced notices delivered to Mail Master by GSG. FURTHER AFFIANTS SAYETH NOT. Marie J. J ale , affiant W Camil6 S. Gianat o, affi t Kevin Butler, affiahK A-2 STATE OF FLORIDA M- COUNTY OF BROWARD 1 The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of September, 1997 by Marie J. Jabalee, City Clerk, City of Dania, Florida. She is personally known to me or has produced as identification and did take an oath. Printed Name:cHRW_.4' e K.SRcTacAmacG_NiA Notary Public, State of Florida At Large My Commissio . Commission N cW2 ENEr,sALrAIAMACCmA lor(do My Commission bq� w Aug 12,2M1 STATE OF FLORIDA Commission aCC660575 COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this 441-day of September, 1997 by Camille S. Gianatasio, t, Government Services Group, Inc., a Florida limited corporation. She is ersonally know to me or has produced as identification and did take an oath. Panted ame: Notary Public, State of Florida At Large My Commission ExPA6@,s: Ida L.Commission No.:-= Won Commission WIRES STATE OF FLORIDA '�' A` °ter' 700° COUNTY OF LEON ... m,ro�' BONDED M TROY FAIN INSURANCE,INC. The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of September, 1997 by esident, Mail Master of Tallahassee, Inc., a Florida corporation. He is ersonally known to me or has produced as identification and did take an oat . Printed a e: W4cw Notary Public, State of Florida At Large TM "° Ida L.Malone y Commission E :. MY COMMISSION IF CC590115 ERPIRES Commission No.: , fk� hpr1,s000 '•,,RfnA,••t• BONDED TIRO TROY rAIN 11 MPICE,INC. A-3 i APPENDIX B PROOF OF PUBLICATION I CITY OF DANIA, FLORIDA FIRE RESCUE ASSESSMENT ANNUAL RATE RESOLUTION FOR FISCAL YEAR BEGINNING OCTOBER 1, 1997 ADOPTED SEPTEMBER 11, 1997 x TABLE OF CONTENTS Page SECTION 1. AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION 2. DEFINITIONS AND INTERPRETATION. . . . . . . . . . . . . . . . . . . 3 SECTION 3. REIMPOSITION OF FIRE RESCUE ASSESSMENTS. . . . . . . . . 3 SECTION 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION. . . . . 6 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. . . . . . . . . . . . . . . . . 6 SECTION 6. EFFECTIVE DATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1 APPENDIX B: PROOF OF PUBLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1 L a ,,. _.. .