HomeMy WebLinkAboutR-2009-169 Final Fire Assessment 2010 RESOLUTION NO. 2009-169
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, 2009; APPROVING THE RATE OF
ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR 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, 2009; and
WHEREAS, the City Commission, on July 29, 2009 adopted Resolution No. 2009-141
(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, 2009, 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 previously 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 has been be held on September 15, 2009, 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. 2009-
141); 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. That this Resolution constitutes the
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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 (Resolution No. 2009-141).
Section 3. Reimposition of Fire Rescue Assessments.
(A) The parcels of Assessed Property described in the Assessment Roll, as updated,
which is approved, are 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 it is
incorporated by this reference. It is 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.
(B) The method for computing Fire Rescue Assessments described or referenced in
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the Preliminary Rate Resolution is 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 approved.
(C) For the Fiscal Year beginning October 1, 2009, the estimated Fire Rescue
Assessed Cost to be assessed is $2,741,925.00 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, 2009, are established as follows:
RESIDENTIAL Rate Per Dwelling Unit
PROPERTY
USE
CATEGORIES
Residential $100.00
NON- Vacant Per $80
RESIDENTIAL Acreage
PROPERTY
USE Building
CATEGORIES classification
(in square Industrial/ Hotel/
footage range) Commercial Assembly Warehouse Educational Motels Medical
< 1,999 $240 $755 $56 $182 $327 $1,797
2,000-3,499 $480 $1,510 $112 $365 $653 $3,595
3,500-4,999 $841 $2,643 $197 $638 $1,144 $6,291
5,000-9,999 $1,201 $3,775 $281 $912 $1,634 $8.987
10,000- 19,999 $2,402 $7,550 $561 $1,823 $3,267 $17,974
20,000-29,999 $4,804 $15,100 $1,123 $3,647 $6,535 $35,948
30,000-39,999 $7,207 $22,651 $1,684 $5,470 $9,802 $53,922
40,000-49,999 $9,609 $30,201 $2,246 $7,293 $13,069 $71,896
>50,000 $12,011 $379751 $2,807 $9,117 $16,336 $89,870
(D) The above rates of assessment are approved. Fire Rescue Assessments for fire
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rescue services, facilities, and programs in the amounts set forth in the updated Assessment Roll,
as approved, are levied and reimposed on all parcels of Assessed Property described in such
Assessment Roll for the Fiscal Year beginning October 1, 2009.
(E) No Fire Rescue Assessment shall be imposed upon a parcel the use of which 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 this Resolution.
(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 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 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
competent jurisdiction to secure relief within 20 days from the date of this Annual Rate
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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. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 8. That this Annual Rate Resolution shall take effect on October 1, 2009.
PASSED and ADOPTED on September 15, 2009.
ANNE CASTRO
o�ARD s FIRS), YOR-COMMISSIONER
n �o , 1
LOUISE STILSON, CMC
CITY CLERK 40,
APPROVED AS FO AND CORRECTNESS:
THOM S J. AME1,101
CITY ATTORNEY
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