HomeMy WebLinkAboutR-2011-10 - Relating to the Provision of Fire Rescue Services, Facilities & Programs in DB against Assessed Property Located within the City for the Fiscal Year Beginning 10/01/2011 RESOLUTION NO. 2011-101
A RESOLUTION OF THE CITY COMMISSION 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; RE-IMPOSING FIRE RESCUE ASSESSMENTS
AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF
DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011;
APPROVING THE RATE OF ASSESSMENT; APPROVING THE
ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; 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 re-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 the Fire Rescue Assessed Costs among parcels of assessed property; and
WHEREAS, the City Commission desires to re-impose 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, 2011; and
WHEREAS, the City Commission on July 14, 2011 adopted Resolution No. 2011-073
(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 re-impose Fire Rescue Assessments for the Fiscal Year
beginning October 1, 2011, 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 parties
of an opportunity to be heard; and
WHEREAS, a public hearing has been held on September 14, 2011, comments and
objections of all interested parties were 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. 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. 2011-
073); Article VIII, Section 2, Florida Constitution; Sections 166.021 and 166.041, Florida
Statutes; and other applicable provisions of law.
Section 2. 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 (Resolution No. 2011-
073).
Section 3. (A) The parcels of assessed property described in the Assessment Roll,
as updated and 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 and available for inspection at the above-referenced public hearing, and it is
incorporated into and made a part of this Resolution by this reference. It is ascertained,
determined and declared that each parcel of assessed property within the City will be specially
benefitted 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
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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
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, 2011, the estimated Fire Rescue
Assessed Costs to be assessed are $4,274,194.00. The Fire Rescue Assessments to be assessed
and apportioned among benefitted parcels, pursuant to the Cost Apportionment and Parcel
Apportionment to generate the estimated Fire Rescue Assessed Costs for the Fiscal Year
commencing October 1, 2011, are established as follows:
PROPERTY USE Rate Per Dwelling Unit
CATEGORIES
Residential Per Dwelling Unit $128.42
NON- Vacant Per $218.96
RESIDENTIAL Acreage
PROPERTY USE Institutional /
CATEGORIES Assembly/ $316.71
Educational Per
Acreage
Multiplier
Building
classification (in
square footage Industrial/
Commercial/Hotel-Motel/ Warehouse
range) Medical
1 < 1,999 $559.71 $330.88
1.375 2,000 - 3,499 $769.60 $454.95
2.13 3,500 -4,999 $1,189.38 $703.11
3.75 5,000 - 9,999 $2,098.90 $1,240.78
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7.50 10,000 - 19,999 $4,197.80 $2,481.57
12.50 20,000 -29,999 $6,996.34 $4,135.95
17.50 30,000 - 39,999 $9,794.88 $5,790.33
22.50 40,000 - 49,999 $12,593.41 $7,444.71
25.00
> 50,000 $13 992.68 $8,271.90
(D) The above rates of assessment are approved. Fire Rescue Assessments for fire
rescue services, facilities and programs in the amounts set forth in the updated Assessment Roll,
as approved, are levied and re-imposed on all parcels of assessed property described in the
Assessment Roll for the Fiscal Year beginning October 1, 2011.
(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 was issued,
after adoption of this Resolution and based upon the rates of assessment approved in 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 and 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. That the Preliminary Rate Resolution is confirmed.
Section 5. 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 are initiated in a court of competent jurisdiction to secure relief
within twenty (20) days from the date of adoption of this Annual Rate Resolution.
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Section 6. 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 2011.
PASSED and ADOPTED on September 14, 2011.
/ A�
PATRICIA A. FLURY
MAYOR
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO F RM AND CORRECTNESS:
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THO AN RO
CITY ATTORNEY
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