HomeMy WebLinkAboutR-2016-120 Relating to the Provision of Fire Rescue Services, Facilities and Programs; Re-imposing Fire Rescue Assessments Against Assessed Property Within the City for FY Beginning October 1, 2016. RESOLUTION NO. 2016-120
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, 2016;
APPROVING THE RATE OF ASSESSMENT; APPROVING THE
ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach, Florida, 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, 2016; and
WHEREAS, the City Commission, on July 26, 2016 adopted Resolution No. 2016-090
(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, 2016, 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
("Truth in Millage Act", a Florida law) 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, 2016, and comments and
objections of all interested parties 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. 2016-
090); 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
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. 2016-090).
Section 3. Re-imposition of Fire Rescue Assessments.
(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
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,
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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
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, 2016, the estimated Fire Rescue
Assessed Costs to be assessed are $6,481,792.02. 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 Costs for the Fiscal Year
commencing October 1, 2016, are established as follows:
PROPERTY Rate Per Dwelling Unit
USE
CATEGORIES
Residential Per Dwelling Unit $200.00
NON- Vacant Per Acreage $341.00
RESIDENTIAL
PROPERTY Institutional /
USE Assembly/Educational $463.64
CATEGORIES Per Acreage
Building classification
Multiplier (in square footage Industrial/
range) Commercial/Hotel- Warehouse
Motel/Medical
1 < 1,999 $871.69 $515.31
1.375 2,000 - 3,499 $1,198.56 $708.54
2.13 3,500 - 4,999 $1,852.33 $1,095.01
3.75 5,000 - 9,999 $3,268.80 $1,932.38
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7.50 10,000 - 19,999 $6,537.61 $3,864.78
12.50 20,000 - 29,999 $10,896.03 $6,441.29
17.50 30,000 - 39,999 $15,254.45 $9,017.80
22.50 40,000 - 49,999 $19,612.85 $11,594.31
25.00 > 50,000 $21,792.06 $12,882.58
(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, 2016.
(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 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. 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 twenty (20) days from the date of this Annual Rate
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Resolution.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Annual Rate Resolution shall take effect on October 1, 2016.
PASSED and ADOPTED on September 14, 2016.
ATTEST: o�NPVS fii rc'
LOUISE STILSON, CMC SALVINO, SR.
CITY CLERK , MAYOR
ATEV 19"
APPROVED AS TO ND CORRECTNESS:
THOMAS J. A S RO
CITY ATTORNEY
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