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Home My WebLink AboutR-2024-126 Fire Rescue Assessment FeeRESoLUTIoN No. zoz4- lzlg 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; RATIFYING, CONFIRMING, AND SUPPLEMENTING RESOLUTION NO. 2024-096; REIMPOSING FIRE RESCUE ASSESSMENTS WITH UPDATED ASSESSMENT RATES AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2024; 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, subsequently codified as Chapter 23, Article VIII ofthe City of Dania Beach Code ofOrdinances (the "Fire Assessment Ordinance"), which authorizes the imposition of Fire Rescue Assessments for fire protection services, facilities, and programs against Assessed Property located wrthin 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 Fire Assessment Ordinance, including the tax bill collection method for the Fiscal Year beginning on October 1, 2024 ("Fiscal Year 2024-25"); and WHEREAS, the City Commission, on July 9, 2024, adopted Resolution No. 2024-096 (the "2024 Preliminary Rate Resolution") containing and referencing a briefand general description of the fire protection facilities, services and programs to be provided to Assessed Property, descnbing the method of apportioning the Fire Assessed cost among Assessed Property, updating and establishing the maximum rates ofassessment for each property use category, directing the updating and preparation of the Assessment Roll for Fiscal Yeat 2024-25, and directing the provision of published notice and mailed notice required by the Fire Assessment Ordinance; and WHEREAS, in order to reimpose Fire Rescue Assessments for the Fiscal Year beginning October 1,2024, the Fire Assessment 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 Rotl for the upcoming Fiscal Year, with such PROPERTY USE CATEGORIES RATE BASIS RATE Residential Per Dwelling Unit $ 24r.05 Acreage/Vacant Per Acre $ 85.23 Commercial Per Square Foot $ 0.4213 Industrial/Warehouse Per Square Foot s 0.0488 (b) The Assessment Roll for Fiscal Year 2024-25 as updated to reflect such rates is hereby approved and adopted. 2 RESOLUTION #20 ZF.ILQ amendments as the city commission deems appropriate, after hearing comments and objections of all interested parties; and wHEREAS, the updated Assessment Roll for F iscalY ear 2024-25 has heretofore been made available for inspection by the public, as required by the Fire Assessment 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 12,2024' and comments and objections of all interested persons have been heard and considered as required by the Fire Assessment Ordinance; and WHEREAS, the city commission of the city of Dania Beach, Florida deems it to be in the best interest ofthe citizens and residents ofthe city to adopt this Annual Resolution. Now'THEREF.oRE,BEITREsoLvEDBYTHECITYCoMMISSIoNoFTHE CITY OF DANIA BEACH, FLORIDA: section l. Authority. This Resolution is adopted pursuant to the provisions of the Fire Assessment Ordinance), the Initial Resolutions, the Prior Assessment Resolutions and Sections 166.021,166.041, arrd l9'1.3632, Florida Statutes, and other applicable provisions of law. section 2. Definitions and Interpretation. This Resolution constitutes the Annual Rate Resolution for Fiscal Year 2024-25 and may be referred to as the 2024 Annual Resolution or Annual Resolution. All capitalized terms in this Resolution shall have the meanings defined in the Fire Assessment ordinance, the Initial Resolutions, as amended, the Prior Assessment Resolutions, as amended, and Resolution N o.2024-096 (the " 2024 Preliminary Rate Resolution"). Section 3. Reimposition of Fire Rescue Assessments. (a) The following Fire Rescue Assessments Rates are hereby approved and adopted for Fiscal Year 2024-25: (c)TheparcelsofAssessedPropertydescribedintheFiscalYear2024-25Assessment Roll, as updated, are hereby found to be specially benefited by the provision ofthe fire protection services, facilities, and programs described or referenced in the 2024 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 declared that each parcel of Assessed Property within the city will be specially benefited by the ciry'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 2024 Preliminary Rate Resolution and the 2024 Methodology Report, attached as an exhibit to the 2024 Preliminary Resolution' Adoption of this 2024 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 Fire Assessment Ordinance, the Initial Resolutions' as amended, the Prior Assessment Resolutions, as amended, the 2024 Pteliminary Rate Resolution and this 2024 Arntal 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' (d)ThemethodforcomputingFireRescueAssessmentsandtheParcelApportionment methodology referenced in the 2024 Methodology Report, approved and incorporated into the 2024 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 1,2024, are hereby established as follows: RY 2024-25 Fire Rescue Assessment Rates PROPERW USE CATEGORIES RATE BASIS RATE Residential Per Dwelling Unit s241.0s Vacant/Acreage Per Acre S 8s.23 Commercial Per Square Foot s0.4213 lndustrial/Warehouse Per Square Foot s0.0488 RESOLUTION #20 24- \?IO3 (e)Theaboveratesofassessmentareherebyfinallyapproved.FireRescueAssessments 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 1,2024. Notice ofthe above rates ofassessment was provided by publication and by mail' (0NoFireRescueAssessmentshallbeimposeduponaparcelofGovemmentPropertyor upon Buildings the use of which is whotly exempt from ad valorem taxation under Florida law' Any shortfatl 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 of the city, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments' (g)AsauthorizedinSec.23.l0ToftheFireAssessmentordinance,InterimFireRescue Assessments are also levied and imposed against all property for which a certificate of occupancy is issued after the adoption of this Annual Rate Resolution based upon the rates of assessment approved herein. (h) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so assessed equal in rank and digniry 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. (i) The Assessment Roll, as herein approved, together with the correction ofany 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. Ratification and confirmation of 2024 Preliminary Rate Resolution. The 2024 Preliminary Rate Resolution, as supplemented herein, is hereby confirmed' Section 5. Effect ofAdoption of Resolution, That the adoption ofthis 2024 Annual Rate Resolution shall tie the final adjudication ofthe 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 ofthe 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 2024 4 Annual Rate Resolution RESoLUTToN #20 z4-lLl? Section6.Conflict.Thatallresolutionsorpartofresolutionsinconflictwiththis 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' SectionT.Severability.Thatifanyclause,sectionorotherpartofthisResolutionshall beheldbyanycourtofcompetentjurisdictiontobeunconstitutionalorinvalid,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 2024 Motion by I second by Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. RYan IV ATTEST ELORA ARCHIBA D . RYAN IV CITY CL MAYOR APPROVED AS TO FORM AND CORRECTNESS: SIS C 5 ORNEY RESOLUTION #20 24-\LU FINAL VOTE ON ADOPTION' Ununi.ou, / Yes No I