HomeMy WebLinkAboutR-2023-097 Fire Rescue Assessment FeeRESOLUTION NO. 2023- i��
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;
CONFIRMING, SUPPLEMENTING, AND AMENDING THE PRELIMINARY
RATE RESOLUTION; 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, 2023; APPROVING THE RATES OF ASSESSMENT;
APPROVING THE FINAL ASSESSMENT ROLL; PROVIDING FOR EFFECT OF
ADOPTION OF RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND 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, 2023; and
WHEREAS, the City Commission, on July 11, 2023, adopted Resolution No. 2023-071(2023
Preliminary Rate Resolution) as confirmed, supplemented, and amended herein, 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, 2023, 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 heretofore 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 13, 2023, 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. 2023-071; and Florida Statutes Chapter 170 and Sections 166.021, 166.041, and
197.3632, and other applicable provisions of law.
Section 2. Definitions and Interpretation. This Resolution constitutes the Annual Rate
Resolution as defined in the Ordinance and may be referred to as the 2023 Annual Resolution or
Annual Resolution. 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 2023
Preliminary Rate Resolution (Resolution No. 2023-071), as may be amended by this 2023 Annual
Resolution.
Section 3. Reimposition of Fire Rescue Assessments.
(a) The parcels of Assessed Property described in the Assessment Roll, as updated, which
is hereby amended as needed and approved, are hereby 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 herein by reference. It is hereby ascertained, determined, and
2 RESOLUTION #20231-7
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 2023 Preliminary
Rate Resolution and the 2023 Report, attached as an exhibit to the 2023 Preliminary Resolution.
Adoption of this 2023 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 the 2023 Preliminary Resolution and
this 2023 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 2023 Report, approved and incorporated into the 2023 Preliminary
Rate Resolution adopted by the City Commission, is hereby 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, 2023, are hereby established as follows:
FY 2023-24 Fire Rescue Assessment Rates
PROPERTY USE
CATEGORIES
RATE BASIS
RATE
Residential
Per Dwelling Unit
$218.16
Vacant/Acreage
Per Acre
$ 72.14
Commercial
Per Square Foot
$0.4149
Industrial/Warehouse
Per Square Foot
$0.0300
(c) The above rates of assessment are hereby finally approved. Fire Rescue Assessments
for fire protection services, facilities, and programs in the amounts set forth in the updated
Assessment Roll, as herein amended and approved, are hereby levied and reimposed on all parcels
of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October
1, 2023. Notice of the above rates of assessment was provided by publication and by mail.
3 RESOLUTION #2023-
(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 See. 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 herein.
(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 herein 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. Amendment and Confirmation of Preliminary Rate Resolution and
Methodology Report. The 2023 Preliminary Rate Resolution, as may have been modified,
supplemented, and amended herein, is hereby confirmed.
Section 5. Effect of Adoption of Resolution. That the adoption of this 2023 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, 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 2023
Annual Rate Resolution.
Section 6. Conflict. That all resolutions or part of resolutions in conflict with this
Resolution are superseded and supplanted to the extent of such conflict, provided however, that
nothing in this Resolution amends or affects the validity of any Fire Protection Assessments
adopted and imposed by any previously adopted resolutions.
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Section 7. 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 8. Effective Date. That this Annual Rate Resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED on - 2023.
Motion bycc-" lam c' r 4'x �€ Ll rltl s second by "i
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis l
Commissioner Tamara James t-s
Commissioner Marco Salvinoy
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
ATTEST:
ELORA RIER
CITY CLERK
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE OQTSIS
CITY ATTORNEY �ElseaFD�
RESOLUTION #2023- (