HomeMy WebLinkAboutR-03-0748J-03-552
6/25/03
RESOLUTION NO. 03— 748
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, RELATING TO THE PROVISION
OF FIRE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE
ESTIMATED ASSESSMENT RATE FOR FIRE
ASSESSMENTS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2003, IN ACCORDANCE WITH THE CITY
OF MIAMI FIVE-YEAR PLAN; PROVIDING FOR NEW
DEFINITIONS; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING
FOR SEPTEMBER 11, 2003, AND DIRECTING THE
PROVISION OF NOTICE THEREOF; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
SECTION 1. AUTHORITY. This Resolution is adopted
pursuant to the provisions of the Fire Assessment Ordinance
(Ordinance No. 11584), the Initial Assessment Resolution
(Resolution No. 98-325), the Final Assessment Resoliatinn
(Resolution No. 98-419), Sections 166.021 and 166.041, Florida
Statutes, and in accordance with the City of Miami Five Year Plan
and other applicable provisions of law.
SECTION 2. PURPOSE. This Resolution constitutes the
Preliminary Rate Resolution as defined in the Ordinance which
ATTACHMENT
`to O N d A I !I ® E i/
CITY COMMISSION
MEFTIRG OF
JUN 2 5 2003
Rreso}utim No.
03- 748
initiates the annual process for updating the Assessment Roll and
directs the imposition of Fire Assessments for the Fiscal Year
beginning October 1, 2003.
SECTION 3. DEFINITIONS.
All capitalized words and terms not otherwise defined herein
shall have the meanings set forth in the Ordinance, the Initial
Assessment Resolution and the Final Assessment Resolution.
Unless the context indicates otherwise, words imparting the
singular number, include the plural number, and vice versa.
As used in this Resolution, the following words and terms
shall be defined as follows:
Annual Rate Resolution means the resolution
establishing the rate at which a Fire Assessment for a
specific year will be computed. The Final Assessment
Resolution shall constitute the Annual Rate Resolution
for this fiscal year.
Assessed Property means all parcels of land
included on the Assessment Roll that receive a special
benefit from the delivery of the fire services,
programs, or facilities identified in the Initial
Assessment Resolution or the Preliminary Rate
Resolution.
Assessment Roll means a special assessment roll
relating to a Fire Assessment approved by a Final
Assessment Resolution or an Annual Rate Resolution.
Final Assessment Resolution means the resolution
which shall confirm, modify, or repeal the Initial
Assessment Resolution and which shall be the final
proceeding for the imposition of the Fire Assessment.
Fire Assessed Cost means the amount determined by
the City Commission to be assessed in this fiscal year
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to fund all or any portion of the cost of the provision
of fire services, facilities, or programs which provide
a special benefit to Assessed Property.
Fire Assessment means a special assessment
lawfully imposed by the City against assessed property
to fund the Fire Assessed Cost imposed to fund all or
any portion of the cost of the provision of fire
services, facilities, or programs providing a special
benefit to property as a consequence of possessing a
logical relationship to the value, use, or
characteristics of property identified in this Initial
Assessment Resolution.
Initial Assessment Resolution means the resolution
which shall be the initial proceeding for the
identification of the Fire Assessed Cost for which an
assessment is to be made and for the imposition of the
Fire Assessment.
Preliminary Rate Resolution means the resolution
initiating the annual process for updating the
Assessment Roll and directing the imposition of the
Fire Assessment pursuant the Annual Rate Resolution.
SECTION 4. PROVISION AND FUNDING OF FIRE SERVICES.
(A) Upon the imposition of Fire 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 Assessments. The remaining required costs
to provide fire services, facilities, and programs shall be
funded by available City revenues other than Fire Assessment
proceeds.
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(B) It is ascertained, determined, and declared that each
parcel of Assessed Property located within the City will be
benefited by the City's provision of fire services, facilities,
and programs in an amount not less than the Fire Assessment
imposed against such parcel, computed in the manner set forth in
this Preliminary Rate Resolution.
SECTION 5. IMPOSITION AND COMPUTATION OF FIRE
ASSESSMENTS. Fire Assessments shall be imposed against all Tax
Parcels
within the
Property Use
Categories.
Fire
Assessments
shall be
computed
in the manner
set forth in
this
Preliminary
Rate Resolution.
SECTION 6. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT
AND FAIR APPORTIONMENT. The legislative determinations of
special benefit and fair apportionment embodied in the Ordinance,
the Initial Assessment Resolution, and the Final Assessment
Resolution are affirmed and incorporated herein by reference.
SECTION 7. COST APPORTIONMENT AND PARCEL APPORTIONMENT
METHODOLOGIES. The Cost Apportionment and Parcel Apportionment
and the applicable explanatory appendices embodied and
incorporated in the Initial Assessment Resolution and Final
Assessment Resolution are affirmed and incorporated herein by
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reference.
SECTION 8. DETERMINATION OF FIRE ASSESSED COSTS;
ESTABLISHMENT OF ANNUAL FIRE ASSESSMENT.
(A) The Fire Assessed Costs to be assessed and apportioned
among benefited parcels pursuant to the Cost Apportionment and
the Parcel Apportionment for the Fiscal Year commencing
October 1, 2003, is the amount determined in the Estimated Fire
Assessment Rate Schedule, attached hereto as "Appendix A." The
approval of the Estimated Fire Assessment Rate Schedule by the
adoption of this Preliminary Rate Resolution determines the
amount of the Fire Assessed Costs. The remainder of such Fiscal
Year budget for fire services, facilities, and programs shall be
funded from available City revenue other than Fire Assessment
proceeds.
(B) The estimated Fire Assessments specified in the
Estimated Fire Assessment Rate Schedule are established to fund
the specified Fire Assessed Costs determined to be assessed in
the Fiscal Year commencing October 1, 2003. No portion of such
Fire Assessed Costs are attributable to capital improvements
necessitated by new growth or development.
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(C) Institutional Property, whose use is wholly exempt from
ad valorem taxation under Florida law, provides facilities and
uses to the ownership, occupants, membership, as well as the
public in general that otherwise might be requested or required
to be provided by the City and such use thereof serves a
legitimate public purpose and provides a public benefit.
Therefore, it is fair and reasonable not to impose Fire
Assessments upon such Institutional Property whose use is also
wholly exempt from ad valorem taxation under Florida law.
(D) Public housing is intended to relieve a shortage of
safe or sanitary dwelling accommodations available at rents which
persons of low income can afford and avoid conditions which
otherwise might necessitate the further expenditures of public
funds. The existence of public housing is recognized as serving
a public purpose and providing a public benefit. Therefore, it
is fair and reasonable not to impose Fire Assessments upon Public
Housing Property.
(E) It is ascertained, determined and declared that it is
in the best interest of the citizens of the City of Miami to
assist very low income residential property owners with the
financial burden created by the imposition of a Fire Assessment.
Accordingly, the City elects to continue to assist residential
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property owners who qualify for Florida's Homestead Property Tax
Deferral Program pursuant to Sections 197.242 through 197.253,
Florida Statutes. All qualified applicants who receive such a
Homestead Tax Deferral for the Fiscal Year in which the Fire
Assessment is being imposed shall have their Fire Assessment paid
by the City from legally available funds other than those derived
from the Fire Assessment proceeds.
(F) Provided, however, any shortfall in the expected Fire
Assessment proceeds due to any reduction or exemption from
payment of the Fire 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 of funds derived from the Fire Assessments.
It is the legislative determination of the City Commission that
in the event a court of competent jurisdiction determines any
exemption or reduction by the City Commission is improper or
otherwise adversely affects the validity of the Fire Assessment
imposed for this Fiscal Year, the sole and exclusive remedy shall
be the imposition of a Fire Assessment upon each affected Tax
Parcel in the amount of the Fire Assessment that would have been
otherwise imposed save and except for such reduction or exemption
afforded to such Tax Parcel by the City Commission.
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(G) The estimated Fire Assessments established in this
Preliminary Rate Resolution shall be the estimated assessment
rates applied by the City Manager in the preparation of the
updated Assessment Roll for the Fiscal Year commencing October 1,
2003, as provided in Section 9 of this Preliminary Rate
Resolution.
SECTION 9. ANNUAL ASSESSMENT ROLL.
(A) The City Manager is directed to prepare, or cause to be
prepared, an updated Assessment Roll for the Fiscal Year
commencing October 1, 2003, in the manner provided in the
Ordinance. The updated Assessment Roll shall include all Tax
Parcels within the Property Use Categories. The City Manager
shall apportion the estimated Fire Assessed Cost to be recovered
through Fire Assessments in the manner set forth in this
Preliminary Rate Resolution. A copy of this Preliminary Rate
Resolution, the Ordinance, the Initial Assessment Resolution, the
Final Assessment Resolution, and the updated Assessment Roll
shall be maintained on file in the Office of the City Clerk and
opened to public inspection. The foregoing shall not be
construed to require that the updated Assessment Roll proposed
for the Fiscal Year beginning October 1, 2003, be in printed form
if the amount of the Fire Assessment for each parcel of property
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can be determined by the use of a computer terminal available to
the public.
(B) In determining the estimated Fire Assessment for any
Tax Parcel, the updated Assessment Roll shall include, pursuant
to Section 19.5-20(B) of the Ordinance, an amount equivalent to
any delinquent Fire Assessment imposed for a prior fiscal year,
together with any costs, fees or expenses attributable thereto.
(C) It is ascertained, determined, and declared that the
method of determining the Fire Assessments for fire services as
set forth in the Initial Assessment Resolution, the Final
Assessment Resolution and 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 10. AUTHORIZATION OF PUBLIC HEARING. There is
established a public hearing to be held at 5:05 p.m. on
September 11, 2003, in the City Commission Chambers of City Hall,
3500 Pan American Drive, Miami, Florida, at which time the City
Commission will receive and consider any comments on the Fire
Assessments from the public and affected property owners and
consider imposing Fire Assessments for the Fiscal Year beginning
October 1, 2003, and collecting such assessments on the same bill
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as ad valorem taxes.
SECTION 11. NOTICE BY PUBLICATION. The City Manager
shall publish a notice of the public hearing authorized by
Section 10 of this Preliminary Rate Resolution in the manner and
time provided in Section 19.5-10 of the Ordinance. The notice
shall be published no later than August 23, 2003, in
substantially the form attached hereto as "Appendix B."
SECTION 12. NOTICE BY MAIL.
(A) Pursuant to Section 200.069(13)(a), Florida Statutes,
and with agreement of the Property Appraiser, the City Commission
elects to combine notice of the public hearing authorized by
Section 10 hereof with the truth-in-millage notification required
pursuant to Section 200.069, Florida Statutes. Such mailed
notice shall be in the form required by Section 200.069(13)(a),
Florida Statutes, and provide all of the information required by
the Uniform Assessment Collection Act and the Ordinance necessary
to impose Fire Assessments for the Fiscal Year beginning
October 1, 2003.
(B) By August 10, 2003, the City Manager shall make the
determination whether the Property Appraiser is able and willing
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to timely combine the mailed notice provided for in
subsection (A) of this Section with the truth-in-millage
notification required pursuant to Section 200.069, Florida
Statutes. If the City Manager determines the Property Appraiser
is unable or unwilling to timely combine the mailed notice
provided for in subsection (A) of this Section with the truth-in-
millage notification required pursuant to Section 200.069,
Florida Statutes, then the City Manager is authorized and
directed to provide notice by first class mail to the Owner of
each parcel of Assessed Property, as required by Section 19.5-11
of the Ordinance. Such notice shall be in substantially the form
attached hereto as "Appendix C." Such notices shall be mailed no
later than August 23, 2003.
SECTION 13. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds
derived by the City from the Fire Assessments will be utilized
for the provision of fire services, facilities, and programs. In
the event there is any fund balance 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 14. EFFECTIVE DATE. This Preliminary Rate
Resolution shall take effect immediately upon its passage and
adoption.
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SECTION 15. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
PASSED AND ADOPTED this 25th
ATTEST:
PRI CILLA A. THOMPSON
CITY CLERK
AJ:#EJ DRO VILARELLO
CIT,f ATTORNEY
W7317:GKW:BSS
day of June , 2003.
CORRECTNESS: 416)
1/ If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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APPENDIX A
ESTIMATED FIRE ASSESSMENT RATE SCHEDULE
3- 748
APPENDIX A
ESTIMATED FIRE ASSESSMENT RATE SCHEDULE
SECTION A-1. DETERMINATION OF FIRE ASSESSED COSTS. The
estimated Fire Assessed Costs to be assessed for the Fiscal Year
commencing October 1, 2003, is $17,107,967.
SECTION A-2. ESTIMATED FIRE ASSESSMENTS. The estimated Fire
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, 2002, are established as follows for the purpose
of this Preliminary Rate Resolution:
RESIDENTIAL
PROPERTY USE
CATEGORIES
Rate Per
Dwelling Unit
Single Family
$ 61.00
ulti-Family
$ 66.00
Public Housing
$136.00
NON-RESIDENTIAL
PROPERTY USE
CATEGORIES
Building
Classification
(in square foot
ranges)
Commercial
Industrial/
Warehouse
Institutional
< 1,999
$ 119
$ 36
$ 98
2,000 - 3,499
$ 238 $ 72
$ 196
3,500 - 4,999
$ 417 $ 126
$ 343
5,000 - 9,999
$ 595 $ 180
$ 489
10,000 - 19,999
$1,190 $ 360
$ 979
20,000 - 29,999
$2,381 $ 720
$1,958
30,000 - 39,999
$3,571 $1,080
$2,937
40,000 - 49,999
$4,761 1,440
$3,916
50,000 - 59,999
$5,951 $1,800
$4,895
60,000 - 69,999
$7,142 2,160
$5,874
70,000 - 79,999
$8,332 $2,520
$6,853
80,000 - 89,999
$9,522 $2,880
$7,832
90,000 - 99,999
$10,712 $3,240
$8,811
100,000 - 124,999
11,903 $3,600
9,790
125,000 - 149,999
$14, $4,500
$12,237
150,000 - 174,999
$17,854 $5,400
$14,684
175,000 - 199,999
$20,830 $6,300
$17,132
> 200,000
$23,806 $7,2001
$19,579
Rev.6/14/02
A-1 748
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
03- 748
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To Be Published by August 23, 2003.
[INSERT MAP OF CITY]
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF FIRE SPECIAL ASSESSMENTS
Notice is given that the City Commission of the City of Miami
will conduct a public hearing to consider imposing special
assessments for the provision of fire services within the City of
Miami for the Fiscal Year beginning October 1, 2003.
The hearing will be held at 5:05 p.m. on September 11, 2003,
in the City Commission Chambers of City Hall, 3500 Pan American
Drive, Miami, Florida, for the purpose of receiving public comment
on the proposed assessments. All affected property owners have a
right to appear at the hearing 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 a special accommodation or
an interpreter to participate in this proceeding should contact the
City Clerk at (305) 250-5360 at least seven days prior to the date
of the hearing.
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The assessment for each parcel of property will be based upon
each parcel's classification and the total number of billing units
attributed to that parcel. The following table reflects the
proposed fire assessment schedule.
RESIDENTIAL
PROPERTY USE
CATEGORIES
Rate Per
Dwelling Unit
Single Family
61.00
ulti-Family
66.00
Public Housing
136.00
NON-
RESIDENTIAL
PROPERTY USE
CATEGORIES
Building
Classification
(in square foot
ranges)
Commercial
Industrial/
Warehouse
Institutional
< 1,999
119
36
$ 98
2,000 - 3,499
238 72
196
3,500 - 4,999
417 126
343
5,000 - 9,999
595 180
489
10,000 - 19,999
1,190 360
979
20,000 - 29,999
2,381 720
1,958
30,000 - 39,999
3,571 1,080
2,937
40,000 - 49,999
4,761 1,440
3,916
50,000 - 59,999
5,951 1,800
4,895
60,000 - 69,999
7,147______T2_, 160
5,874
70,000 - 79,999
8,3 2 2,520
6,853
80,000 - 89,999
9,522 2,880
7,832
90,000 - 99,999
10,712 3,240
8,811
100,000 - 124,999
11,903 3,600
9,790
125,000 - 149,999
14,878 $4,500
$12,237
150,000 - 174,999
17,854 5,400
14,684
175,000 - 199,999
20,830 $6,-3001
$17,1321
> 200,000
23,806 7,204
19,579
Pursuant to Section 8 of the Preliminary Rate Resolution
(Resolution No. 03- ), the City Commission has ascertained,
determined, and declared that Institutional Properties provide
facilities and uses to the ownership, occupants, membership, as
well as the public in general that otherwise might be requested or
required to be provided by the City and such use thereof serves a
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legitimate public purpose and provides a public benefit.
Therefore, it is fair and reasonable not to impose Fire Assessments
upon such Institutional Property whose use is also wholly exempt
from ad valorem taxation under Florida Law, which typically
describes improved parcels which are neither residential,
commercial or industrial in use, and are predominately used for
educational, governmental, eleemosynary, community service,
religious, cultural, literary, health care, benevolent and
scientific purposes.
Pursuant to Section 8 of the Preliminary Rate Resolution the
City Commission has ascertained, determined, and declared that
Public Housing Property relieves a shortage of safe or sanitary
dwelling accommodations available at rents which persons of low
income can afford and avoids conditions which otherwise might
necessitate the further expenditure of public funds. Therefore, it
is fair and reasonable not to impose Fire Assessments upon Public
Housing Property.
Any shortfall in the expected Fire Assessment proceeds due to
any reduction or exemption from payment of the Fire 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 of funds derived from
the Fire Assessments. The City Commission has also made the
legislative determination that in the event a court of competent
jurisdiction determines any exemption or reduction by the City
Commission is improper or otherwise adversely affects the validity
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of the Fire Assessments imposed for this Fiscal Year, the sole and
exclusive remedy shall be the imposition of a Fire Assessment upon
each affected tax parcel in the amount of the Fire Assessment that
would have been otherwise imposed save and except for such
reduction or exemption afforded to such tax parcel by the City
Commission.
Copies of the Fire Rescue Assessment Ordinance (Ordinance
No. 11584), the Initial Assessment Resolution (Resolution
No. 98-325), the Final Assessment Resolution (Resolution
No. 98-419), the Preliminary Rate Resolution (Resolution
No. 03- ), and the amendment thereto, initiating the annual
process of updating the Assessment Roll and imposing the Fire
Assessments, and the preliminary Assessment Roll for the upcoming
fiscal year are available for inspection at the Office of the City
Clerk of Miami, Florida, 3500 Pan American Drive, Miami, Florida.
The assessments will be collected on the ad valorem tax bill
to be mailed in November 2003, 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.
If you have any questions, please contact the Department of
Finance at (305) 416-1570, Monday through Friday between 8:30 a.m.
and 4:30 p.m.
CITY CLERK
CITY OF MIAMI, FLORIDA
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03- 748
APPENDIX C
FORM OF NOTICE TO BE MAILED
IN THE EVENT THAT THE PROPERTY
APPRAISER DOES NOT COMBINE THE ASSESSMENT
NOTICE WITH THE TRIM NOTIFICATION
03- 748
APPENDIX C
FORM OF NOTICE TO BE MAILED
* * * * * NOTICE TO PROPERTY OWNER * * * * *
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Owner Name
Address
City, State Zip
CITY OF MIAMI, FLORIDA
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION
OFNON-AD VALOREM FIRE ASSESSMENTS
NOTICE DATE: AUGUST 23, 2003
Tax Parcel #:
Legal Description:
Sequence #:
As required by Section 197.3632, Florida Statutes, notice is
given by the City of Miami that an annual assessment for fire
services using the tax bill collection method, may be levied on
your property for the Fiscal Year October 1, 2003 - September 30,
2004. Previous special assessments to fund fire services
benefiting improved property located within the City of have
proven to be fair, efficient and effective. The total annual
fire assessment revenue to be collected within the City of Miami
for the upcoming fiscal year is estimated to be $17,107,967. The
annual fire assessment is based on the classification of each
parcel of property and number of billing units contained therein.
The above parcel is classified as
The total number of number of billing units on the above
parcel is
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The annual fire assessment for the above parcel is
A public hearing will be held at 5:05 p.m. on September 11,
2003, in the City Commission Chambers of City Hall, 3500 Pan
American Drive, Miami, Florida, for the purpose of receiving
public comment on the proposed assessments. This notice
addresses a special assessment to partially fund the cost to make
fire services available during the period from October 1, 2003
through September 30, 2004, which will be collected on the same
bill as ad valorem taxes. You and all other affected property
owners have a right to appear at the hearing and to file written
objections with the City Commission within 20 days of this
notice. If you decide to appeal any decision made by the City
Commission with respect to any matter considered at the hearing,
you 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 a special
accommodation or an interpreter to participate in this proceeding
should contact the City Clerk at (305) 250-5360 at least seven
days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent
jurisdiction to secure relief within 20 days from the date of
City Commission action at the above hearing (including the method
of apportionment, the rate of assessment and the imposition of
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assessments), such action shall be the final adjudication of the
issues presented.
Copies of the Fire Assessment Ordinance (Ordinance
No. 11584), the Initial Assessment Resolution (Resolution
No. 98-325), the Final Assessment Resolution (Resolution
No. 98-419), the Preliminary Rate Resolution initiating the
annual process of updating the Assessment Roll and imposing the
Fire Assessments, and the preliminary Assessment Roll for the
upcoming Fiscal Year are available for inspection at the Office
of the City Clerk of Miami, Florida, 3500 Pan American Drive,
Miami, Florida.
Both the non -ad valorem fire assessment amount shown on this
notice and the ad valorem taxes for the above parcel will be
collected on the ad valorem tax bill mailed in November. Failure
to pay the assessments will cause a tax certificate to be issued
against the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected.
If you have any questions regarding your fire assessment, please
contact the City of Miami Finance Department at (305) 416-1570,
Monday through Friday between 8:30 a.m. and 4:30 p.m.
* * * * THIS IS NOT A BILL * * * * *
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