HomeMy WebLinkAboutR-2018-095 Authorizing To Reimpose And Provide For Collection Of Fire Rescue Special Assessments By The City And Affirming The Provisions & Findings of Resolutions Nos. 2017-084 and 2017-105 RESOLUTION NO. 2018-095
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA, RELATING TO THE IMPOSITION
OF FIRE RESCUE ASSESSMENTS AND THE PROVISION OF
FIRE SERVICES, FACILITIES AND PROGRAMS WITHIN THE
CITY OF DANIA BEACH, FLORIDA; PROVIDING
AUTHORITY; PROVIDING PURPOSE, EFFECT AND
DEFINITIONS AND AFFIRMING THE PROVISIONS AND
FINDINGS OF RESOLUTION NOS. 2017-084 AND 2017-105;
PROVIDING FOR PROVISION AND FUNDING OF FIRE
SERVICES; PROVIDING FOR IMPOSITION AND COLLECTION
OF SUCH ASSESSMENTS; CONFIRMING AND PROVIDING
LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND
FAIR APPORTIONMENT AND CONFIRMING THE 2017
ASSESSMENT METHODOLOGY; MAKING A
DETERMINATION OF FIRE ASSESSED COSTS AND
ESTABLISHING PRELIMINARY NOT-TO-EXCEED
ASSESSMENT RATES FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2018; DIRECTING THE PREPARATION OF A
PRELIMINARY ASSESSMENT ROLL; AUTHORIZING A
PUBLIC HEARING; DIRECTING THE PROVISION OF
PUBLISHED AND MAILED NOTICE OF SUCH HEARING;
PROVIDING FOR APPLICATION OF ASSESSMENT
PROCEEDS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in July of 1996, the City of Dania Beach (City) implemented a Fire
Rescue Assessment to provide a portion of the funding for the City's fire rescue services
and facilities with the adoption of Ordinance No. 10-96 (subsequently codified as Article
VIII of the City of Dania Beach Code of Ordinances), and imposed fire rescue assessments
for Fiscal Year 1997-1998 with the adoption of the Initial Rate Resolution, Resolution No.
63-96 (also referred to as Resolution No. 1996-063) and the Final Rate Resolution,
Resolution No. 72-96 (also referred to as Resolution No. 1996-72); and
WHEREAS, pursuant to Ordinance No. 10-96 (Ordinance), the reimposition of fire
rescue assessments for any Fiscal Year after the year of initial levy (Fiscal Year 1996-1997)
requires certain processes and procedures; and
WHEREAS, annually a Preliminary Rate Resolution describing the method of
assessing fire rescue costs against Assessed Property located within the City, directing the
preparation of an Assessment Roll, authorizing a public hearing and directing the provision
of notice of such hearing and an Annual or Final Rate Resolution adopting the final
assessment rate and directing billing and collection of such rates are required by the
Ordinance for the reimposition of the fire rescue assessments; and
WHEREAS, the City in each year subsequent to 1996 adopted Preliminary and
Final/Annual Rate Resolutions in accordance with the requirements of the Ordinance to
adopt and impose the Fire Rescue Assessments; and
WHEREAS, to facilitate the understanding of the public and simplify the
administration of the Fire Rescue Assessments, the City adopted Preliminary Resolution
No. 2017-084 and Annual Resolution No. 2017-105 to supersede and supplant all prior
resolutions, without, however, affecting the validity or effectiveness of any prior
resolutions for purposes of the Fire Rescue Assessments adopted and imposed by such
prior resolutions; and
WHEREAS, the City has engaged a rate consulting firm to analyze and confirm, or
reasonably adjust the City's assessment rates as needed, for Fiscal Year 2018-2019; and
WHEREAS, the City Commission of the City of Dania Beach, Florida, deems it to be in
the best interest of the citizens and residents of the City of Dania Beach to adopt this Preliminary
Rate Resolution to begin the process of adopting and imposing Fire Rescue Assessments for
Fiscal Year 2018 - 2019;
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, subsequently codified as Chapter 23, Article
VIII of the City of Dania Beach Code of Ordinances), the Initial Assessment Resolution(Resolution
No. 63-96, also referred to as Resolution No. 1996-63), the Final Assessment Resolution(Resolution
No. 72-96, also referred to as Resolution No. 1996-72), and all subsequent Fire Assessment
Resolutions, Florida Statutes 166.021 and 166.041,and other applicable provisions of law.
Section 2. Purpose, Effect and Definitions. That this Resolution constitutes the
Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for
updating the Assessment Roll and directs the reimposition of Fire Rescue Assessments for the
Fiscal Year beginning October 1, 2018. This Resolution ratifies, confirms and supplements the
Ordinance and Preliminary Resolution No. 2017-084 and Annual Resolution No. 2017-105.
All findings of special benefit and fair and reasonable apportionment in the Ordinance and
Resolution Nos. 2017-084 and 2017-105 are specifically ratified, confirmed and
incorporated into this Resolution by reference.
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The Ordinance and Resolution Nos. 2017-084 and 2017-105 shall be referred to for
definitions of capitalized terms except for the following term used in this Resolution:
(a) "2017 Methodology Report" shall be the term used in this and subsequent
Resolutions to refer to the Methodology Report, as defined in Resolution No. 2017-084,
dated June 2017 and which included a July 2017 Addendum.
Section 3. Provision and Funding of Fire Services. That upon the imposition of Fire
Rescue Assessments for fire services, facilities, or programs against Assessed Property located
within the City, the City shall provide fire services to such Assessed Property. A portion of the
cost to provide such fire services, facilities, or programs shall be funded from proceeds of the
Fire Rescue Assessments. The remaining costs required to provide fire services, facilities, or
programs shall be funded by lawfully available City revenues other than Fire Rescue Assessment
proceeds. No EMS costs shall be funded by Fire Rescue Assessment proceeds. It is ascertained,
determined, and declared by this Resolution that each parcel of Assessed Property located within the
City will be benefited by the City's provision of fire services, facilities, or programs in an amount not
less than the Fire Rescue Assessment imposed against such parcel, computed in the manner as set
forth in this Preliminary Rate Resolution.
Section 4. Imposition and Collection of Fire Rescue Assessments. That Fire Rescue
Assessments shall be imposed against all Assessed Property based on the Fire Assessment rates
calculated in the 2017 Methodology Report, using the Fire Class Codes and Fire Basis data
maintained by the BCPA for each Assessed Parcel. Fire Rescue Assessments shall be computed
in the manner set forth in this Resolution, Resolution Nos. 2017-084 and 2017-105, and the
2017 Methodology Report. The rate consultant engaged by the City has determined that the
rates as established in the 2017 Methodology Report are fair and reasonable to impose for Fiscal
Year 2018-19 and that no changes to the previously approved not-to-exceed rates are needed. It
is determined and declared that the Fire Rescue Assessments for Fiscal Year 2018-19 proposed
in this Resolution, as may be adopted by a Final or Annual Resolution, shall be collected under
the Uniform Assessment Collection Act.
Section 5. Legislative Determinations of Special Benefit and Fair Apportionment.
Adoption of this Resolution constitutes a legislative determination that all parcels assessed derive
a special benefit and that the assessed costs are apportioned fairly, consistent with the legislative
declarations, determinations and findings as set forth in the Ordinance, the Initial Assessment
Resolution, as amended, the Final Assessment Resolution, as amended, and Resolution Nos.
2017-084 and 2017-105. The legislative findings of special benefit and fair apportionment
3 RESOLUTION#2018-095
approved in the Ordinance and all prior resolutions are ratified, confirmed and incorporated into
this Resolution by this reference.
Section 6. Determination of Fire Assessed Costs; Establishment of Proposed Not-
to-Exceed Fire Rescue Assessment Rates. The estimated Fire Assessed Cost for the Fiscal
Year commencing on October 1, 2018 is $9,990,743.00. Based on this estimated Fire
Assessed Cost, the following are the proposed, not-to-exceed rates to be used in preparing
the Preliminary Assessment Roll and in the required notices:
The Proposed Not-to-Exceed Fire Rescue Assessment Rates for the Fiscal Year
commencing October 1, 2018, are:
PROPERTY USE
CATEGORIES RATE UNIT RATE
Residential Per Dwelling Unit $223.75
Vacant Per Acre $204.96
Commercial Building Area In Square Feet
< 1,999 $1,060.04
2,000—3,499 $1,457.55
3,500—4,999 $2,257.88
5,000—9,999 $3,975.15
10,000—19,999 $7,950.29
20,000—29,999 $13,250.49
30,000—39,999 $18,550.68
40,000—49,999 $23,850.88
> 50,000 $26,500.97
Industrial/Warehouse Building Area In Square Feet
5 1,999 $190.54
2,000—3,499 $261.99
3,500—4,999 $405.85
5,000—9,999 $714.52
10,000—19,999 $1,429.04
20,000—29,999 $2,381.73
30,000—39,999 $3,334.42
40,000—49,999 $4,287.11
> 50,000 $4,763.46
4 RESOLUTION#2018-095
. The approval of the Proposed Fire Rescue Assessment Rate Schedule by the
adoption of this Preliminary Rate Resolution determines the amount of the Fire Assessed
Cost and the maximum, or not-to-exceed, rates that may be imposed and collected for the
upcoming Fiscal Year. The remainder of such Fiscal Year budget for fire rescue services,
facilities, and programs shall be funded from lawfully available City revenue other than Fire
Rescue Assessment proceeds.
Section 7. Preliminary Assessment Roll. The City Manager or designee is directed
to prepare, or cause to be prepared, an updated Preliminary Assessment Roll for the Fiscal
Year commencing October 1, 2018, in the manner provided in the Ordinance and this
Resolution. The updated Assessment Roll shall include all Assessed Properties within the
Fire Class Code categories and incorporate the Proposed Rates referenced in Section 6
above. The City Manager or designee shall apportion the estimated Fire Assessed Cost to be
recovered through Fire Rescue Assessments in the manner set forth in Resolution Nos. 2017-
084 and 2017-105, the 2017 Methodology Report, and this Resolution. A copy of this
Preliminary Rate Resolution, the Ordinance, previously adopted Resolutions, documentation
related to the estimated amount of the Fire Assessed Cost to be recovered through the
imposition of Fire Rescue Assessments, and the updated Preliminary Assessment Roll shall
be maintained on file in the office of the City Clerk and shall be open to public inspection.
The foregoing shall not be construed to require that the updated Preliminary Assessment Roll
proposed for the Fiscal Year beginning October 1, 2018, be in printed form if the amount of
the Fire Rescue Assessment for each parcel of Assessed Property can be determined by the
use of a computer terminal available to the public.
It is ascertained, determined, and declared by this Resolution that the method of
determining the Fire Rescue Assessments for fire services as set forth in this Preliminary
Rate Resolution is a fair and reasonable method of apportioning the Fire Assessed Cost
among parcels of Assessed Property located within the City.
Section 8. Authorization of Public Hearing. That there is established a public
hearing to be held at 5:01 p.m. on September 12, 2018, in the City Commission Chambers of
City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, at which time the City
Commission will receive and consider any comments on the Fire Rescue Assessments from
the public and affected property owners and consider imposing Fire Rescue Assessments for
the Fiscal Year beginning October 1, 2018 and collecting such assessments on the same bill
as ad valorem taxes.
5 RESOLUTION 42018-095
Section 9. Notice of Publication. That the City Clerk shall publish a notice of the
public hearing authorized by Section 8 of this Preliminary Rate Resolution in the manner
and time provided in Section 2.04 of the Ordinance. The notice shall be published no later
than August 23, 2018, in substantially the form attached as Exhibit A.
Section 10. Notice by Mail. That the Director of Finance shall provide information on
the public hearing and the proposed not-to-exceed rates to the Broward County Property
Appraiser's Office no later than August 3, 2018 to be included in the TRIM (Truth in Millage)
Notice to serve as first class notice as required by the Ordinance to be mailed no later than
August 23, 2018.
Section 11. Application of Assessment Proceeds. That proceeds derived by the City
from the Fire Rescue Assessments will be utilized for the provision of fire services, facilities,
and programs and will not be used for any EMS costs or services. In the event there is any
unexpended or uncommitted assessment revenue remaining at the end of the Fiscal Year, such
balance shall be carried forward and used only to fund fire services, facilities, and programs.
Section 12. Conflict. That all resolutions or parts of resolutions in conflict with this
Resolution are superseded and supplanted to the extent of such conflict.
Section 13. Severability. That if any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part
or application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 14. Effective Date. That this Resolution shall be in force and take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED on July 24 2018.
ATTEST: OPN�A
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THOMAS SCHNEIDER, CMC � TAMARA J
CITY CLERK SHED MAYOR
APPROVED AS T F RM AND CORRECTNESS:
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THOMA9 J. ANS O
CITY ATTORNE
6 RESOLUTION#2018-095
EXHIBIT A
FORM OF NOTICE TO BE PUBLISHED
NOTE: To Be Published No Later Than August 23, 2018. This Notice may be combined with the
required notice for other non-ad valorem assessments levied by the City and the format and wording
may be modified as needed so long as the requirements of the Uniform Assessment Collection Act
are fulfilled.
[ CITY TO INSERT MAP SHOWING BOUNDARY OF CITY.
MAP NEEDS TO REFLECT THAT FIRE RESCUE
ASSESSMENTS ARE BEING IMPOSED CITY-WIDE.J
NOTICE OF PUBLIC HEARING TO REIMPOSE AND PROVIDE
FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS
BY THE CITY OF DANIA BEACH, FLORIDA
Notice is given that the City Commission of the City of Dania Beach will conduct a public
hearing to consider reimposing fire rescue assessments within the City of Dania Beach for the
provision of fire services within the City of Dania Beach for the Fiscal Year beginning October 1,
2018. The Public Hearing will be held at 5:01 P.M. on September 12, 2018, in the City Commission
Chamber of City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida.
The assessment for each parcel of Assessed Property will be based upon each parcel's Fire
Class Code(s) and the total number of billing units (Fire Basis) attributed to that parcel. The following
table reflects the proposed not-to-exceed fire rescue assessment rate schedule. Copies of the Fire
Rescue Assessment Ordinance(Ordinance No. 10-96),the Preliminary Rate Resolution initiating the annual
process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, the 2017
Methodology Report,documentation related to the estimated amount of the Fire Rescue Assessed Cost to be
recovered through the imposition of Fire Rescue Assessments,and the updated Preliminary Assessment Roll
for the upcoming fiscal year are available for inspection at the City Clerk's office.
PROPOSED NOT-TO-EXCEED FIRE RESCUE ASSESSMENT RATES
PROPERTY USE RATE UNIT RATE
CATEGORIES
Residential Per Dwelling Unit $223.75
Vacant Per Acre $204.96
Commercial Building Area In Square Feet
< 1,999 $1,060.04
2,000—3,499 $1,457.55
3,500—4,999 $2,257.88
5,000—9,999 $3,975.15
10,000—19,999 $7,950.29
20,000—29,999 $13,250.49
EXHIBIT A 7 RESOLUTION#2018-095
30,000—39,999 $18,550.68
40,000—49,999 $23,850.88
!50,000 $26,500.97
Industrial/Warehouse Building Area In Square Feet
< 1,999 $190.54
2,000—3,499 $261.99
3,500—4,999 $405.85
5,000—9,999 $714.52
10,000— 19,999 $1,429.04
20,000—29,999 $2,381.73
30,000—39,999 $3,334.42
40,000—49,999 $4,287.11
> 50,000 $4,763.46
If you have any questions, please contact the City's Department of Finance at (954) 924-6800
Ext. 3620, Monday through Friday between 9:00 a.m. and 4:00 p.m. The above special assessments
will be collected on the ad valorem tax (property tax) bill to be mailed in November 2018, as
authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax
certificate to be issued against the property, which may result in a loss of title (ownership) of
one's real property. These special assessment programs have provided a fair and efficient
alternative funding and collection approach for these vital and essential services.
A PUBLIC HEARING WILL BE HELD AT 5:01 P.M. ON SEPTEMBER 12, 2018, IN
THE CITY COMMISSION CHAMBER OF CITY HALL, 100 WEST DANIA BEACH
BOULEVARD, DANIA BEACH, FLORIDA, FOR THE PURPOSE OF RECEIVING PUBLIC
COMMENT ON ALL OF THE CITY'S PROPOSED ASSESSMENTS. All affected property
owners have a right to appear at the hearing, to speak, and to file written objections with the City
Commission within 20 days of this notice. If a person decides to appeal any decision made by the City
Commission with respect to any matter considered at the hearing, such person 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 special accommodation or an interpreter to participate in this proceeding should contact
the City Clerk's office at(954) 924-6800 Ext. 3624,at least forty-eight(48)hours prior to the hearing.
EXHIBIT A 8 RESOLUTION 42018-095