HomeMy WebLinkAboutR-2019-104 City, Relating to the Imposition of Fire Rescue Assessments and Provision of Fire Protection Services, Facilites and Programs in the City; Reimposing Fire Rescue Assessments w/ Updated RESOLUTION NO. 2019-104
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RELATING TO THE IMPOSITION OF FIRE RESCUE
ASSESSMENTS AND PROVISION OF FIRE PROTECTION SERVICES,
FACILITIES AND PROGRAMS IN THE CITY OF DANIA BEACH,
FLORIDA; REIMPOSING FIRE RESCUE ASSESSMENTS WITH
UPDATED ASSESSMENT RATES AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2019; APPROVING THE RATES OF
ASSESSMENT; APPROVING THE FINAL ASSESSMENT ROLL;
CONFIRMING AND SUPPLEMENTING THE PRELIMINARY RATE
RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida, (City) enacted Ordinance No. 10-96
(Ordinance) which authorizes the imposition of Fire Rescue Assessments for fire protection
services, facilities, and programs against Assessed Property located within the City; and
WHEREAS, the reimposition of a Fire Rescue Assessment for fire protection services,
facilities, and programs each fiscal year is an equitable and efficient method of allocating and
apportioning the Fire Assessed Cost among parcels of Assessed Property; and
WHEREAS, the City desires to reimpose a Fire Rescue Assessment within the City
using the procedures provided by the Ordinance, including the tax bill collection method for
the Fiscal Year beginning on October 1, 2019; and
WHEREAS, the City Commission, on July 30, 2019, adopted Resolution No. 2019-066
(2019 Preliminary Rate Resolution) as confirmed, supplemented and amended in this
Resolution, containing and referencing a brief and general description of the fire protection
facilities, services and programs to be provided to Assessed Property, describing the method
of apportioning the Fire Assessed Cost to compute the Fire Rescue Assessment for fire
protection services, facilities, and programs against Assessed Property, updating and
estimating a rate of assessment, and directing the updating and preparation of the Assessment
Roll, and provision of published notice and mailed notice required by the Ordinance; and
WHEREAS, in order to reimpose Fire Rescue Assessments for the Fiscal Year
beginning October 1, 2019, the Ordinance requires the City Commission during its budget
adoption process for each Fiscal Year to adopt an Annual Rate Resolution 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 as required by the
terms of the Ordinance and Florida Statutes; and
WHEREAS, a public hearing was held on September 12, 2019, and comments and
objections of all interested persons have been heard and considered as required by the terms
of the Ordinance; 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 to adopt this Annual Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. Authority. This Resolution is adopted pursuant to the provisions of
Ordinance No. 10-96 (Ordinance) (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, including Resolution No. 2019-066 and Florida Statutes Chapter 170 and
Sections 166.021 and 166.041, 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 the Ordinance, the Initial Assessment Resolution, as amended,
the Final Assessment Resolution, as amended, subsequent Preliminary and Annual
Resolutions, as amended, and the 2019 Preliminary Rate Resolution (Resolution No. 2019-
066), as may be amended by this Annual Resolution.
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Section 3. Reimposition of Fire Rescue Assessments.
(a) The parcels of Assessed Property described in the Assessment Roll, as updated,
which is amended as needed and approved, are found to be specially benefited by the
provision of the fire protection 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 into this Resolution 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 protection 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 amended, the Final
Assessment Resolution, as amended, and the subsequent Preliminary and Annual Rate
Resolutions, as amended and supplemented by Resolution No. 2019-066 and this Annual
Resolution, from the fire protection 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.
(b) The method for computing Fire Rescue Assessments and the Parcel
Apportionment methodology referenced in the Preliminary Rate Resolution adopted by the
City Commission are approved and reaffirmed. 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 Assessed Cost for the Fiscal Year commencing
October 1, 2019, are established as follows:
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FY2019-20 Fire Rescue Assessment Rates
PROPERTY USE RATE BASIS 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
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
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(c) The above rates of assessment are finally approved. Fire Rescue Assessments for
fire protection services, facilities, and programs in the amounts set forth in the updated
Assessment Roll, as amended in this Resolution and approved, are levied and reimposed on all
parcels of Assessed Property described in such Assessment Roll for the Fiscal Year
beginning October 1, 2019.
(d) No Fire Rescue Assessment shall be imposed upon a parcel of Government
Property or upon Buildings the use of which 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.
(e) As authorized in Sec. 23-107, City of Dania Beach Code of Ordinances, Interim
Fire Rescue Assessments are also levied and imposed against all property for which a certificate
of occupancy is issued after adoption of this Annual Rate Resolution based upon the rates of
assessment approved in this Resolution.
(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 approved in this Resolution, 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. Amendment and Confirmation of Preliminary Rate Resolution and
Methodology Report. The 2019 Preliminary Rate Resolution No. 2019-066, as may have
been modified, supplemented and amended in this Resolution, is 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
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method of apportionment and assessment, the rate of assessment, the Assessment Roll, the
sufficiency of notice, 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 adoption of this Annual Rate Resolution.
Section 6. Conflicts. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 7. Effective Date. This Annual Rate Resolution shall take effect
immediately upon its passage and adoption.
PASSED and ADOPTED on September 12, 2019.
ATTEST:
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THOMAS CHNEIDER, CMC LORI LEWfLLEN
CITY CLERK ` 1�0� MAYOR
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APPR VED AS TO F R I AND CORRECTNESS:
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THOMAS J. ANSBRO
CITY ATTORNEY '_1
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