HomeMy WebLinkAboutR-03-1014J-03-779
8122103
RESOLUTION NO. 03-1014
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; IMPOSING FIRE
ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED
WITHIN THE CITY OF MIAMI FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2003; APPROVING THE RATE
OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission enacted Ordinance No. 11584
(the "Ordinance"), which amended the Code of the City of Miami,
Florida (the "Code"), by adding new Chapter 19.5, entitled "Fire
Assessment", which authorizes the imposition of Fire Assessments
for fire services, facilities, and programs against Assessed
Property located within the City; and
WHEREAS, the imposition of a Fire Assessment for fire
services, facilities, and programs each fiscal year is an
equitable and efficient method of allocating and apportioning
Fire Assessed Costs among parcels of Assessed Property; and
CITY COMMISSION
MEETING OF.
T T �� ; SEE 1 1 2003
Resolution No.
CC 1, A,
03-1014
WHEREAS, the City Commission desires to impose a fire
assessment program within the City using the tax bill collection
method for Fiscal Year beginning on October 1, 2003; and
WHEREAS, the City Commission adopted Resolution No. 00-669
on July 27, 2001 (hereinafter the "Preliminary Rate Resolution"),
containing and referencing a brief and general description of the
fire facilities and services to be provided to Assessed Property,
describing the method of apportioning the Fire Assessed Cost to
compute the Fire Assessment for fire services, facilities, and
programs against Assessed Property, estimating a rate of
assessment, and directing the updating and preparation of the
Assessment Roll, provision of published notice required by the
Ordinance and mailed notice if circumstances described in Section
19.5-10 of the Code of the City of Miami so required; and
WHEREAS, pursuant to the provisions of Section 19.5-12 of
the Code, the City is required to confirm or repeal the
Preliminary Assessment Resolution, 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
Section 19.5-9 of the Code; and
WHEREAS, notice of a public hearing has been published and
mailed, as required by the terms of Sections 19.5-10 and 19.5-11
of the Code, which provides notice to all interested persons of
Page 2 of 7
iJ3-1414
an opportunity to be heard, with an affidavit regarding the proof
of publication being attached hereto as Appendix A; and
WHEREAS, a public hearing was held on September 11, 2003,
and comments and objections of all interested persons have been
heard and considered as required by the provisions of
Section 19.5-12 of the Code;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. This Resolution is adopted pursuant to
Chapter 19.5 of the Code of the City of Miami, Florida, as
amended (the "Code"), the Preliminary Assessment Resolution,
Sections 166.021 and 166.041, Florida Statutes and other
applicable provisions of law.
Section 2. This Resolution constitutes the Annual Rate
Resolution as defined in Chapter 19.5 of the Code. All
capitalized terms in this Resolution shall have the meanings
defined in Chapter 19.5 of the Code and, the Initial Assessment
Resolution (Resolution No. 98-325), and the Preliminary Rate
Resolution.
Section 3. (A) The parcels of Assessed Property
described in the Assessment Roll, as updated, which is approved,
are found to be specially benefited by the provision of the fire
services, facilities, and programs described or referenced in the
Preliminary Rate Resolution, in the amount of the Fire Assessment
Page 3 of 7 ;J3 -1014
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
ascertained, determined and declared that each parcel of Assessed
Property within the City will be specially benefited by the
City's provision of fire services, facilities, and programs in an
amount not less than the Fire 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, as set forth in Chapter 19.5 of the Code in a
manner consistent with the legislative declarations,
determinations and findings as set forth in the Ordinance, the
Initial Assessment Resolution, and the Preliminary Rate
Resolution from the fire services, facilities, or programs to be
provided and a legislative determination that the Fire
Assessments are fairly and reasonably apportioned among the
properties that receive the special benefit as set forth in the
Preliminary Rate Resolution.
(B) The method for computing Fire Assessments described or
referenced in the Preliminary Rate Resolution is approved.
(C) For Fiscal Year beginning October 1, 2003, the
estimated Fire Assessed Cost to be assessed is $17,107,967. The
Fire Assessments to be assessed and apportioned among benefited
parcels pursuant to the Cost Apportionment and Parcel
Page 4 of 7
iJ3-1414
Apportionment to generate the estimated Fire Assessed Cost for
the Fiscal Year commencing October 1, 2003, are established as
follows:
RESIDENTIAL
PROPERTY USE
CATEGORIES
Rate Per
Dwelling Unit
single Family
61.00
u ti -Fame y
66.00
Public Housing
$136.05
NON-RESIDENTIAL
PROPERTY USE
CATEGORIES
Building Classification
(in square foot ranges)
Commercial
Industrial/
Warehouse
Institutional
1,999
119
36
2,000 - 3,499
238 72
3,500 - 4,999
417 126
]43
5,000 - 9,999
595 180
10,000 - 19,999
1,190 360
9
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
60,000 - 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 6,300
17,132
> 200,000
$23,8061 $7,204
19,579
The above rates or assessment are approvea. Vire
Assessments for fire services, facilities, and programs in the
amounts set forth in the updated Assessment Roll, as herein
approved, are levied and imposed on all parcels of Assessed
Property described in such Assessment Roll for Fiscal Year
beginning October 1, 2003.
(D) As authorized in Section 19.5-19 of the Code, interim
Fire Assessments are also levied and imposed against all property
Page 5 of 7 ;j 3 -- i Of 4
for which a Certificate of Occupancy is issued after adoption of
this Resolution based upon the rates of assessment approved
herein.
(E) Fire Assessments shall constitute a lien upon the
Assessed Property 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.
(F) 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. The Assessment Roll, as delivered to the Tax
Collector, shall be accompanied by a Certificate to Non -Ad
Valorem Assessment Roll in substantially the form attached hereto
as Appendix B.
Section 4. The Preliminary Rate Resolution is hereby
confirmed.
Section 5. 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
method of apportionment and assessment, the rate of assessment,
the Assessment Roll and the levy and lien of the Fire
Page 6 of 7 1)3-1014
Assessments), unless proper steps shall be initiated in a court
of competent jurisdiction to secure relief within 20 days from
the date of this Annual Rate Resolution.
Section 6. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
PASSED AND ADOPTED this 11th day of September 2003.
EL A. DIAZ, MAYOR
EST:
d�W-J� I
PRISCILLA A. THOMPSON, CITY CLERK
APPROVE S O FO D CORRECTNESS:G
X�
R&oOVILARELLO
TTORNEY
495:GKW:BSS
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.
Page 7 of 7
APPENDIX A
PROOF OF PUBLICATION
A-1 oj3—
F FRIDAY, AUGUST 22, 20M VVW W.herald.com The Herald N
The Herald's to Arts section on Sundays highlights local entertainment for you.
Name confusion lands
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CITY OF MIAMI
NOTICE OF PUBLIC HEARING
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF SOLID WASTE SPECIAL ASSESSMENTS
Notice is given that the City Commission of the City of
Miami will conduct a public hearing to consider imposing
Solid Waste special assessments for the provision of Solid
Waste services within the City of Miami for the Fiscal Year
commencing October], 2003 and ending September 30, 2004.
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 receiv-
ing 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 Commissioners with respect to any matter considered
at the hearing, such person will need a record of the proceed-
ings 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.
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 rellecis the
proposed Solid Waste assessment schedule:
RESIDENTIAL
6 WRONG MAI. FROM 18
It took the
PER EACH
and ultimately a lawsuit will be
served on both and they can
Intervention of
Single Family
sort out the culpability."
the
"How do you explain a sig-
public
p
day detention when it would
take no more than 15 minutes
defender's office
to do the fingerprint compari-
son?" attorney John Trevena
said.
wrong man free.
Those were hard sig days
for a man who has never been
arrested as an adult.
gerprintsl
"I thought I was going to die
"If I pick somebody up for a
in there," he said in a phone
warrant and I'm unsure, who -
interview from his home in
ever issued the warrant then I
Vinel[as County. "A maximum
call them, or we will send the
tecurity jail, it was awful."
guy's prints to be matched up,"
BRCS IN 1970
Miami -Dade Detective Bobby
Williams said.
•ft all started in 1970, when
When Anderson got to the
the Warrant was issued in
Pinellas County Jail on Aug. 13,
Mt'kmt-Dade County for James
he was fingerprinted and
baniels Anderson on mari-
insisted he was not the right
possession charges.
man.
Several times during the
Wi9tvening years, police
JUST WAITING
around the state asked James
But no one at the jail
Douglas Anderson about the
requested the fingerprints
warrant.
from James Daniels Anderson.
Each time, he explained that
They were just waiting for
it wasn't him, just someone
Miami -Dade police to come
with an almost identical name
pick up James Douglas Ander-
and the same birthday. And
son.
each time, after a bit of check-
Bill Braun, a Pinellas public
rug, police let him go.
defender's investigator who
Anderson said he called
heard about the situation from
Miami -Dade officials once to
Anderson's friend, called the
see if there was anything he
arresting deputy.
could do to sort the thing out.
"She informed me she knew
They told him he would have
he was the correct person and
to come to Miami to deal with
refused to request prints from
It.
Dade County [police] for com-
"I was afraid to come down
parison, " Braun wrote in an
there because I thought I might
e-mail to his boss that was pro -
never get out of there," he said.
vided to The Herald.
Then the law came for him.
"She added, 'he even admit -
On Aug. 1, Miami -Dade
ted that he should have gone to
police sent a letter to Pinellas
Miami to get this straightened
officials with the warrant
out'"
�A
Inforhtation and James Doug-
So Braun contacted Miami -
!sal Anderson's address,
Dade police and asked them to
retrieved from a commercial
send a copy of James Daniels
database and driver's license
Anderson's fingerprints to
tecords.
Pinellas.
After 30 some years, what
The fingerprint information
prompted them to send this?"
arrived Tuesday and in less
asked Pinellas Detective Tim
than an hour the comparison
Woodman. "We were working
was made and the order sent
on the information th�^--tiara^-�--.
CITY OF MIAMI
NOTICE OF PUBLIC HEARING
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF SOLID WASTE SPECIAL ASSESSMENTS
Notice is given that the City Commission of the City of
Miami will conduct a public hearing to consider imposing
Solid Waste special assessments for the provision of Solid
Waste services within the City of Miami for the Fiscal Year
commencing October], 2003 and ending September 30, 2004.
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 receiv-
ing 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 Commissioners with respect to any matter considered
at the hearing, such person will need a record of the proceed-
ings 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.
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 rellecis the
proposed Solid Waste assessment schedule:
RESIDENTIAL
RATE
PROPERTY USE
PER EACH
CATEGORIES
DWELLING UNIT
Single Family
$325.00
Copies of the Solid Waste Assessment Ordinance, Initial
Assessment Resolution and the preliminary assessment roll are
available for inspection at the Office of the City Clerk of
Miami, Florida, 3500 Pan American Drive, Miami, Florida.
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
assessments), such action shall be the final adjudication of the ,
issues presented.
The assessments will be collected on the same bill as ad .�
valorem taxes. Failure to pay the assessment will result in
either the commencement of foreclosure proceedings or cause )
a tax certificate to be issued against the property which may q
result in a loss of title. f
If you have any questions, please contact the City of
Miami at (305) 416-1570, Monday through Friday between
8:30 a.m. and 4:30 p.m. °
,4
n
Gv�y of PRISCILLA A. THOMPSON T
CITY CLERK l
F CITY OF MIAMI, FLORIDA "
/ f
� n
eco, w°4
(#11079)
CITY OF. MIAMI
d
.1- us. Herald database editor Tim
Miami -Dade says: Why Henderson contributed to this
Iidn't Pinellas cLeck the fin- report.
CITY OF NORTH MIAMI BEACH
_NOTICE OF PROPOSED ENACTMENT OF AN ORDINANCE
BY THE CITY OF NORTH MIAMI BEACH. FLORIDA
NOTICE IS HEREBY GIVEN THAT ON TUESDAY, SEPTEMBER 9,13
AT 7:30 PM, THE CITY COUNCIL OF THE CITY OF NORTH MIAMI
BEACH, 17011 N.E. 19 AVENUE, 2ND FLOOR, NORTH MIAMI
BEACH, FLORIDA, WILL CONSIDER THE FOLLOWING
ORDINANCE(S) ON SECOND AND FINAL READING AND PROPOSED
PASSAGE THEREOF:
_ORDINANCE NO 2DW e
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF NORTH MIAMI BEACH, FLORIDA, BY THE CREATION AND
ADOPTION OF SECTION 2-66 TITLED CARIBBEAN COMMITTEE
CREATED; MEMBERSHIP, TERMS; PURPOSE, DUTIES.
SAID PROPOSED ORDINANCE(S) MAY BE INSPECTED BY THE PUBLIC AT
THE CITY CLERK'S OFFICE, 17011 N.E. 19 AVENUE, DURING THE HOURS OF
8:00 AM AND 5:00 PM, MONDAY THROUGH FRIDAY.
ALL INTERESTED PARTIES MAY APPEAR AT THE MEETING AND BE HEARD
WITH RESPECT TO THE PROPOSED ORDINANCE(S).
SOLOMON ODENZ, CITY CLERK • HOWARD B. LENARD. CITY ATTORNEY
91quD Nlv PmBpN CEWE To far u AMI of ;; os r11[ c�TT cawclL will rVEsrEcr ro u�v
IBI rpm. -N A11KLµllq Q EsrNWNAY � ESU ON wMLY1Z XP C MT a�E
n�9®. RA aMmBs1
M WITH THE AAtEgICAN9 WMII 06A6Y111EE ACT OF IBRO. IEMBnM9 NEECrB6 6PECML
ro nutncmOe N rMg EMocEEorxi sMoun carrtAcr rME CFrICE aE rnE cm crEax
(1� wvs vapM
TO TME anocErnwo r¢EnBxoE W� �Braaol EOM AsssrAMCE: r
rnBEpryE OUM TDD 1111E Ai rMlsl Bi(4BepB FOM AygI$Ly1i'
MM IAM DADE
Want to know more
about where your
taxpayer money
is going?
Then Join the Miami -Dade County Budget and Finance
;timmittee for a public meeting to discuss the proposed
2003.2004 budget, including proposed changes to taxes
and fees. We want to keep you informed and gain your
Whited input ,
Monday, August 25, 2003
City of Hialeah Chamber
501 Palm Avenue
Hialeah, Florida
6:30pm - 9:00pm
If you need additional information,
please call 305-375-5143.
IBP �nnv�lrrasntw wH MOIEr,lrs n scnrEY Turner c.a 9063rS911r
�i ar+o+ew.,lle dm. ^u,s„Era q., a.aw.
NMICE OF `P ~HEARING
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 I, 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.
The assessment for each parcel of property will be based upon
each parcel's classification and the
total number of billing units
,ISMenqattributed to that parcel. The
tmoaenrvu9E tuTEilEx following table rcnects the proposed
CATEaoNia DWEU910 tear fire assessment schedule.
wtEsoamu cusstcaiaa
irtwnara
aTeCA EotEGORIE9E (N lia11ARE
Es raortuN9Eoq rArEtiatwL w wannmaur
Pursuant to Section 8 of the Preliminary Rate Resolution
(Resolution No. 03-748), 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 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
.1
under Florida Law. which ,1
typically describes improved
parcels which are neither
residential, commercial or T
industrial in use, and are
predominately used for t1
educational, governmental,
eleemosynary, community 9
service, religious, cultural,
literary, health care,
benevolent and scientific
purposes.
Pursuant to Section 8 of .I
the Preliminary. Rate JI
Resolution the City -
Commission has ascertained,
determined, and declared that .,,N
Public Housing Property
relieves a shortage of safe or M
sanitary dwelling
accommodations available at H
rents which persons of low .L
income can afford and avoids .e
conditions which otherwise
might necessitate the further .A
expenditure of public funds. .It
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 t�
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 of the Fire o
Assessments imposed for this Fiscal Year, lite sole and exclusive
remedy shall he the imposition of a Fire Assessment upon each A
affected tax parcel in the amount of the Fire Assessment that would 11
have been otherwise imposed save and except for such reduction or
exemption afforded to such lax parcel by the City Commission. IT
,n
Copies of the Fire Rescue Assessment Ordinance it
(Ordinance No. 11584), the Initial Assessment Resolution
(Resolution No. 98-325), the Final Assessment Resolution A
(Resolution No. 98419), the Preliminary Rate Resolution
(Resolution No. 03-748), and the amendment thereto, initiating the b
annual process of updating the Assessment Roll and imposing the Fire
Assessments, and the preliminary Assessment Roll for the upcomingt
fiscal year are available for inspection at the Office of the City Clerk
of Miami, Florida, 3500 Pan American Drive, Miami, Florida. M
The assessments will be collected on the ad valorem tax bill to be I,3
mailed in November 2003, as authorized by Section 197.3632, Florida
Statutes. Failure to pay the assessments will cause a tax certificate to :I
be issued against the property which may result in a loss of title.2
If you have any questions, please contact the Department of 'r
Finance at (305) 416-1570, Monday through Friday between 8:30 -0
a.m. and 4:30 p.m. (I
Y OFM
fYs
rot
Oo,E�•O4, 011078)
q,. 1
f.
PRISCILLA A. THOMPSON
CITY CLERK Il
CITY OF MIAMI, FLORIDA iv
1 '
Il
M
puene of ueld no,( Augaaw a41 10 aauenpe uj step any `
LITS-S1E-S0E 1/eo yeu of apsseooe u, s1eua1ew �oj pue sao1mesieja dia1w aben6ue/ uBsJoj-Isanbaj s j]N WAi SISI.1J ouluIool atlj jngsia
gl!tA Aldan pinogs -urooq Ageq SE uas.1om Ipm ttal3ap out
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IV C7 M19V
j F FRIDAY, AUGUST 22, 2003 wwwihoraid.com The Herald 56
The Herald's In Arts section on Sundays highlights lopt:eertainment for you.
CITY OF MIAMI
NOTICE OF PUBLIC HEARING
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF SOLID WASTE SPECIAL ASSESSMENTS
Notice is given that the City Commission of the City of
Miami will conduct a public hearing to consider imposing
Solid Waste special assessments for the provision of Solid
Waste services within the City of Miami for the Fiscal Year
commencing October 1, 2003 and ending September 30, 2004.
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 receiv-
ing 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 Commissioners with respect to any matter considered
at the hearing, such person will need a record of the, proceed-
ings 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.
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 Solid Waste assessment schedule:
RESIDENTIAL
RATE
PROPERTY USE
PER EACH
CATEGORIES
DWELLING UNIT
Single Family
$325.00
Commission action at the above hearing (including the method '
of apportionment, the rate of assessment and the imposition of
assessments), such action shall be the final adjudication of the
issues presented.
The assessments will'be collected on the same bill as ad
valorem taxes. Failure to 'pay the assessment will result in Y
either the commencement of foreclosure proceedings or 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 City of
Miami at (305) 416-15701 Monday through Friday between
8:30 a.m. and 4:30 p.m.
rs
Copies of the Solid Waste Assessment Ordinance, Initial PRISCILLA A. THOMPSON
Assessment Resolution and the preliminary assessment roll are cvTV of CITY CLERK ,
available for inspection at the Office of the City Clerk of Fw CITY OF MIAMI, FLORIDA .`
Miami, Florida, 3500 Pan American Drive, Miami, Florida.
tilts stiltsis
-
9 Q
CITY OF MIAMI
NOTICE OF PUBLIC HEARING
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.
The assessment for each parcel of property will be based upon
each parcel's classification and the
total number of billing units
RES)DENTIAL attributed to that parcel. The
PROPERTY USE RATE PER following table reflects the proposed
CATEGORIES DWELLING UNIT fire assessment schedule.
LDING
CLASS
FICATION
IBCATEGORIESPERTYEL ( FOO(INTIIRRANGES) I COMMERCIAL I WAREHOUSE I INSTITUTIONAL
5,000 - 9,999 1 $ 595 1 $ 190 1 $ 489
10,000 - 19,9% $ 1,190 $ 360 $ 979
20,000 - 29,999 $ 2,381 $ 720 .$ 1,958
30,000 - 39,999 $ 3,571 $1,080 E 2,937
40,000 - 49,999 $ 4,761 $1.440 $ 3.916
9,000 - 89.999 1 $10,712 1 $3,240 1 �$192
,811
100,000-124,999 $11,903 $3,600 ,790
125,000-149,999 $14,878 $4,500 ,237150,000-174,999 $17,954 $5,400 ,654
175,000 - 199,999 $20,830 $6.300 $17.132
Pursuant to Section 8 of the Preliminary Rate Resolution
(Resolution No. 03-748), 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 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 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. 03-748), 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.
V of ►r PRISCILLA A. THOMPSON
CITY CLERK
CITY OF MIAMI, FLORIDA
G x�R
9 ,e o ,O
°��0.,Fti�4 (#I ' 78) � 3 -14 14
APPENDIX B
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
B-1
93-1014
CERTIFICATE
TO
NON -AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the City Manager of the
City of Miami, Florida (the "City"); as such I have
satisfied myself that all property included or includable
on the non -ad valorem assessment roll for fire services
(the "Non -Ad Valorem Assessment Roll") for the City is
properly assessed so far as I have been able to ascertain;
and that all required extensions on the above described
roll to show the non -ad valorem assessments attributable to
the property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform
Assessment Collection Act, this certificate and the herein
described Non -Ad Valorem Assessment Roll will be delivered
to the Miami -Dade County Tax Collector on or before
September 15, 2003.
IN WITNESS WHEREOF, I have subscribed this certificate
and directed the same to be delivered to the Miami -Dade
County Tax Collector and made part of the above-described
Non -Ad Valorem Assessment Roll this day of
SEPTEMBER, 2003.
CITY OF MIAMI, FLORIDA
By:
Joe Arriola
City Manager
i119M
93-x1014
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable M d DATE:
e bers of he City �o issio
SUBJECT:
FROM: Oe Ola REFERENCES:
hi f Administrator/City Manager ENCLOSURES:
RECOMMENDATION
50
SEP — 2 2,303 FILE: FM-088.doc
Final Assessment Resolution for
Fiscal Year 2003-2004; Fire -Rescue
Resolution
It is respectfully recommended that the attached Final Assessment Resolution relating to the Fire
Assessment be adopted. This Resolution re -imposes the Fire assessments against assessed
property located within the City of Miami for the fiscal year beginning October 1, 2003. It
further approves the rate of assessment and assessment roll as well as provide for an effective
date.
BACKGROUND
The preliminary rate schedule was approved pursuant to Resolution No. 03-748, adopted June
25, 2003, and was in accordance with the Fire Year Plan which was previously approved by the
Miami City Commission. Upon the re -imposition of Fire Assessments for fire services, facilities,
or programs against Assessed Property located with the City, the City shall provide service 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 cost required to
provide fire services, facilities, and programs shall be funded by available City revenues other
than Fire Assessment proceeds.
This Resolution constitutes the Final Assessment Rate Resolution for fiscal year 2003-2004 as
defined in Ordinance No. 11584, adopted January 13, 1998, which initiated the process for
updating the Assessment Roll and directed the re -imposition of Fire Assessments on an annual
basis, pursuant to Section 197.3632, Florida Statutes.
Fiscal Impact: None.
JA/W /MLK/TF/jam
FM.088.doc
03-1014
J-03-552
6/25/03
RESOLUTION NO. 3 — 7 4 8
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 Resolution
(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
RG ?, r" -aEH£Y fs"y
i Ail A
CITY COMUSSION
MEfiTIRG OF
J U N 2 5 2n03
FAMMIUtlan UO.
"J' j — IV I
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
Page 2 of 12
93-1014
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.
Page 3 of 12
AJ3-1014
(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
Page 4 of 12
93-10 4
reference.
SECTION S. 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.
Page 5 of 12
AJ3-10.4
(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
Page 6 of 12
i13-101 4
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.
Page 7 of 12
x:13-1014
(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
Page 8 of 12
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
Page 9 of 12
i
wj3-JOt4
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
Page 10 of 12
iJ3-10. 4
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.
Page 11 of 12
Aa3-1014
SECTION 15:. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
PASSED AND ADOPTED this
ATTEST:
25th day of June 2003.
MANUEL A. DIAZ, MAYOR
L�
PRI,�CILLA A. THOMPSON
CITY CLERK
APPROVED AS1 T FO AND CORRECTNESSA110
(110
AIEJANDRO VILARELLO
CITY ATTORNEY
-- W7317:GKW:BSS
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.
Page 12 of 12
APPENDIX A
ESTIMATED FIRE ASSESSMENT RATE SCHEDULE
.�3-1014
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:
NTIAL
Y USE
RIES
mily
FPublic
Rate Per
Dwelling Unit
$ 61.00
$ .
1Building
m y
using
DENTIAL
PROPERTY USE
CATEGORIES
Classification
(in square foot
ranges)
< 1,999
Commercial
$ 119
Industrial/
Warehouse
$ 36
Institutional
$ 98
2,000 - 3,499 $ 2 $ 72
$ 1
3,500 - 4,999 $ 41 $ 1
$ 343
5,000 - 9,999 $ $ 1
$ 489
10,000 - 19,999 1,1 $ 360
$ 979
20,000 - 29,999 $2,381 $$1,958
30,000 - 39,999___77, 5 7 1 $1,085
$2,937
40,000 - 49,999 4,761 $1,440
$3,916
50,000 - 59,999 , 9 5 1 -$1,800
$4,
60,000 - 69,999 $7,14 ,1
4
70,000 - 79,999 $8,332 $2,520
$6,
80,000 - 89,999 $9, $2,885
$7,832
90,000 - 99,999 $10,712 $3,240,
1
100,000 - 1 4, 11,
9,79
125,000 - 149,999$14,878 $4,500$12,23
150,000 - 174,999'$17,854$5,400
$14,684
175,000 - 199,997- $20,80ZI $6,30
17,13
> 200,000 $23,8061 $7,2001$19,57
Rev.6/ 14/02
A-1
93-10A
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
93-1014
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.
B-1
��`�-x.014
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
Coa=ercial
Industrial/
Warehouse
Institutional
Sing e Family
$ 61.00
u ti-Fame y
$ 66.
Public -Housing
NON-
RESIDENTIAL
PROPERTY USE
CATEGORIES
$136.00
Building
Classification
(in square foot
ranges)
< 1,999
$
119
$ 36
$ 9
2,000 - 3,499
1
3,500 - 4,999 47
I
34
5,000 - 9,999
1
481
10,000 - 19,999 1,1
979
20,000 - 29,999 $ 2,3 1
11958
30,000 - 39,999 $ 3,5 1
'080
$ 2,937
40,000 - 49,999 $ 4,761
$1,443,916
50,000 - 59,999 , 1
1,
4,895
60,000 - 69,999 ,14
$2,160
$ 5,874
70,000 - 79,999
$ 6,85
80,000 - 89,999 $ 9,522
$2,880
$ 7,83
90,000 - 99,999 $10,717
$3, 4
$ 8,611
100,000 - 124,999 $11,
9,79
125,000 - 149,999 $14,8
$4,
$12,23
150,000 - 174,999 $17,854
,4
14,684
175,000 - 199,999
,
17,13
> 200,000 ,
4
19,57
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
B-2 �J3-1014
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
B-3
93-10 A
of the Fire Assessments imposed for this Fiscal Year, the sole and
exclusive remedy shall be the imposition of a Fire Assessment upon
lot
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
B-4
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
^J3-1014
APPENDIX C
FORM OF NOTICE TO BE MAILED
NOTICE TO PROPERTY OWNER
City of Miami
3500 Pan American Drive
Miami, Florida 331.33
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
C-1
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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
C-2 .,
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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 * * * * *
C-3
WON"
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c:
J-97-922/2
12/30/97 ORDINANCE No. 11584
AN ORDSNANCB CREATING NHW CMU?TBR 19.5 OF THE
CODE OF TSS CITY OF MIAMI, FLORIDA, AS
AMBNDPr, ENTITLED "FIRE RESCOR ASSBSSMBNT",
RELATING TO THE PROVISION OF FIRE RESCUE
jSERVICES, FACILITIES, AND PROGRAMS IN THE
C1.TY OP MIAMI, FLORIDA; AUTSORIZING THE
IMpGSITIcs AND COLLECTION OF FIRS RESCUR
ASSESS10EM AW -TN= PROPERTY TSRODGHC Tr TEE
CITY OF MIAMI; PROVIfl2NG CERTAnt DBFINIT 0US
AND DBPINING TSB TERM "FZRB RBSCM
ASSESSMENT"; BSTABLISWNG TEN PRO=MS FOR
Ip(PO na FIRS RESCOB ASSBISM$t:TS; PROVIDING.
TEAT '.FI$B RBSCOB ASSBSSMBNTS CONSTITA
LIEN ON ASSESSED PROPERTY UPON ADOPTION OF
ASSESSMENT ROLL; PROVIDING TBAT TSB LIM FOR
A FIRE RESCUE ASSESSMENT CGLi:.C110 PIIRS
TO SSCTIOKS 197.3632 AND 197.3635, FLORIDA
w=TUM, UPO[f p8_R^BE'I'SON SHAu .ATTRCS TO THS
PROPERTY ON TBS PRX s.- JtMIX 1, TER LIM
DA1'B FOR AD VALORu4 TA=; v=vo 1G TH&T A
PERFECTED LIEN SM" BS BQML IN PAW AND
DIGNITY WITS THE LIENS OF ALL STATE, COMM
DISTRICT, OR MORICIPAL OF
AND ASSESSI S
ANL SUPERIOR IN DIGNITY TO ALL :IM ' PRIOR -
LIEWu ; NOR:[Y.1:GR01 TITLES, AND CLAIIMB;
Atmzzom:zI ,& !:a lWKWITTON Os' nrrlRIIK
ASg2e,: OW'S ;:;; �VIDIIi� PROCEDURES FOR
COLLZCTICIi OE1<IIiE RESCLX JUMNSSME . ".
PROVIDING A MECZh=SM FOR TSB IMPOSIT CK OF
ASSESSMB m ON GOVSRmoBm PROPBRI'Y; MORS
pAbtTlCULARLY BY ADDING NEAT SECTIONS 19.5-1
ZS1tOUG8 19.5-23 TO SAID CODE; CM TAINIPIG A
RBpBA r8R PRMSICN' ANIS A SEVERABILITY CLAUSE;
PROVIDING AN SFPSCrr" DATE; AND PROVIDING
FOR INCUMICK IN TSB CITY CODB.
.
at
BE IT ORDA 31W BY THE C'OMISSION OF TSB CITY OF MIAMI,
FLORIDA:
4c
x.13-1014
Section 1. New Chapter i9.5, entitled "Fire Resctiie
Assessment*, is hereby added to the Code of the City of Miami,
Florida, as amended, as follows:
*CMLWMR 19.5
Fire Rescue Assessment
ARTICLE 1. IN GENERAL
Sec. 19.5-1. Definitions.
As used in this Chapter, the following words and
terms small have the following meanings, unless the
context clearly otherwise requires: -
"Annual Rate Resolution" means the resolution
described in section 19.5-14 hereof, esta;.lishing the
rate at which a Fire Rescue Assessment for a specific
FiscIM7 Year will- be- computed. The Final Assessment
Resolution shall constitute the Annual ;tate Resolution
for the initial Fiscal Year in which a Fire Rescue -
Assessment is imposed or reimposed.
"Assessed Property" means all parcels of land
included on the Assessment Roll that receive a special
benefit from the delivery of the fire rescue services,
programs or facilities identified in the Initial
Assessment Resolution or the Preliminary Rate
Resolution.
"Assessment Roll" means the special assessment
roll relating to a Fire Rescue Assessment approved by a
Final Assessment Resolution pursuant to section 19.5-3.2
hereof or an Annual Rate Resolution pursuant to section
19.S-14 hereof. •.,
'Building' means any structure, whether temporary
or permanent, built for support, shelter or enclosure
of persons, chattel, or property of any kind. This
term shall include mobile homes or any vehicles serving
in any way the function of a building.
"Certificate of Occupancy" means the written
certification issued by the City that a Building is
ready for occupancy for its intended use. For the
purposes of this Ordinance, a set up permit or its
equivalent issued for a mobile home shall be considered
a Certificate of Occupancy.
"Cf ty" means the City of Miami, Florida.
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03-1014
"city Commission" means the governing body of the
City .of Miami, Florida.
"City Manager" means the head of the
administrative branch of the City as defined in the
City Charter, or his designee.
"Final Assessment Resolution" means the resolution
described in section 29.5-12 hereof which shall
confirm, modify, or repeal the Initial Assessment
Resolution and which shall be the final proceeding for
the initial imposition of Fire Rescue Assessments.
"Fire Rescue Assessment" means a special
assessment lawfully imposed by the City against
Assessed Property to fund the Fire Rescue Assessed Cost
imposed to fund all or any portion of the cost of the
provision of fire rescue services, facilities, or
programs providing a special benefit to property s.€ a
consequence of possessing a logical relationship to the
value, use, or characteristics of property identified
in tt'Initial Assessment Resolution 'or the Preliminary „
Rate Resolution.
"Fire rescue Assessed Cost• means the amount
determined by the City Commission to be assessed in any
Fiscal Year to fund all or any portion of the cost of
the provision of fire rescue services, facilities, or
programs which provide a special benefit to Assessed
Property, and shall include, but not be limited to, the
following components: (A) the cost of physical
construction, reconstruction or completion of any
required facility or improvement; (B) the costs
incurred in any required acquisition or purchase; (C)
the cost of all labor, materials, machinery, and
equipment; (D) the cost of fuel, parts, supplies,
maintenance, repairs, and utilities; (8) '-_the cost of
computer services, data processing, and communications;
(F) the cost of all lands and interest therein, leases,
property rights, easements, and franchises of any
nature whatsoever; (G) the cost of any indemnity or
surety bonds and premiums for insurance; (H) the cost
of salaries, workers' c=q)ensation'insurance, or other
employment benefits; (I) the cost of uniforms,
training, travel, and per diem; (J) the cost of
construction plans and specifications, surveys and
estimates of costs; (K) the cost of engineering,
financial, legal, and other professional services; 7L)
the costs of compliance with any contracts or
agreements entered into by the City to provide fire
rescue services; (M) all costs associated with the
structure, implementation, collection, and enforcement
of the Fire Rescue Assessments, including any ice
charges of the Tax Collector, or Property Appraiserand
- 3-�3-10j.4
amounts necessary CO off -set discounts received for
early, payment of Fire Rescue Assessments pursuant to
the Uniform Assessment Collection Act or for early
payment of Fire Rescue Assessments collected pursuant
to section .19.5-21 herein; (N) all other costs and
expenses necessary or incidental to the acquisition,
provision, or construction of fire rescue services,
facilities, or programs, and such other expenses as may
be n cessary or incidental to any related financing
authorized by the City Commission by subsequent
resolution; (0) a reasonable amount for contingency and
anticipated deliaquenciea and uncollectible Fire Rescue
Assessments; and (P) reimbursement to the City or any
other Person for any moneys advanced for any costs
incurred by the City or such Person in connection with
any of the foregoing coaiponents of Fire Rescue- Assessed
Cost. .
*Fiscal Yeara means that period commencing October
1st of each year and continuing through the next
succeeding September 30th, or such other period as may
be prescribed by lav as the fiscal year for the City.
ITGovernmMt prcPartyx
United States of America
sovereign state or nation,
agency thereof, a county,
municipal corporation.
means property owned by the
or any agency thereof, a
the State of Florida or any
a special district or a
•Initial Assessment Resolution• means the
resolution described in section 19.5-8 hereof which
shall be the initial proceeding for the identification
of the Fire Rescue Assessed Cost for which an
assessment is to be made and for the imposition'of a
Fire Rescue Assessment.
'Ordinance' means this Fire Rescue Assessment
Ordinance.
90+zer• shall mean the Person reflected as the
owner of Assessed Property on the Tax Roll.
xPers=9 means any individual, partnership, firm,
organization, corporation, association, or any other
legal entity, whether singular or plural, masculine or
feminine, as the context may require.
"Preliminary Rate Resolutias• means the resolution
described in section 19.5-14 hereof initiating the
annual process for updating the Assessment Roll and
directing the reimposition of Fire Rescue Assessments
pursuant to an Annual Rate Resolution.
"J3-1014
"Property Appraiser" means the Property Appraiser
of the County.
"Tax Collector" means the Department of Finance
and Administrative Services as described in Article Iv
of the Dade*County Charter.
"Tax Roll" means the real
assessment roll maintained by
for "the purpose of the levy
valorem taxes.
property ad valorem tax
the Property Appraiser
and collection of ad
"Unifoarr AsSessament Collection Act" means sections
197.3632 and 197.3635, Florida Statutes, or any
successor statutes authorizing the collection of non -ad
valorem assessments on the same bill as ad valorem
taxes, ' and -any applicable regulations promulgated
thereunder.
Sec. 19.5-2. Interpretation.
Mess the context indicates' otherwise, words;
importing the singular number include the plural
number, and vice versa; the terms *hereof,' 'hereby,*
*herein,• •hereto,• *hereunder* and similar terms refer
to this Ordinance; and the term *hereafter* means
after, and the term *heretofore' means before, -the
effective date of this Ordinance. . words of any gender
include the correlative words of the other genders,
unless the sense indicates otherwise.
Sec. 19.5-3. General Findings.
It is hereby ascertained, determined, and declared
that:
(A) Pursuant to Article VIII, section 2(b),
Florida Constitution, and sections 166.021 and 166.041,
Florida Statutes, the City Commission has all powers of
local self- t to perform municipal functions,
reader municipal services except when prohibited by
law, and such power may be exercised by the enactment
of legislation in the form of City ordinances .
. (B) The City Commission may exercise any
governmental, corporate, or proprietary Prohibited
�
municipal purpose except when expresslY
law, and the City Commission may legislate on any
subject matter on which the Florida Legislature may
act, except those subjects described in (a) , (b) , (c) ,
and (d) of section 166.021(3), Florida Statutes. The
subject matter of paragraphs (a) , (b) , (c) , and (d). of
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^j3-1014
section 166.021(3), Florida Statutes, are not relevant
to rhe imposition of assessments related to fire rescue
services, facilities or programs of the City.
(C) The purpose of this Ordinance is to (1)
provide procedures and standards for the imposition of
city-wide Fire Rescue Assessments under the general
home rule powers of a municipality to impose special
assessments; (2) authorize a procedure for the funding
of fire rescue services-, facilities, or programs
providing special benefits to property within the City;
and (3) legislatively determine the special benefit
provided to Assessed Property from the provision of
combined fire control and emergency medical services by
the City under its consolidated fire rescue program.
s
(D) The annual Fire Rescue Assessments to be
imposed pursuant to this Ordinance shall constitute
moa -ad valorem assessments within the meaning and
intent of the Uniform Assessment Collection Act.
awtB) The Fire Rescue Assessment imposed pursuant
to this Ordinance is imposed by the City Commission,
not the Dade County Hoard of County Coomissicmers,
Property Appraiser or Tax Collector. Any activity of
the property Appraiper or Tax Collector under the
provisions of this Ordinance shall be construed as
ministerial.
Sec. 19.5-4. Legislative determinations of special
benefit.
It is hereby ascertained and declared that the
fire rescue services, facilities, and programs of the
City provide a special benefit to property within the
City that is improved by the existence or construction
of a dwelling unit or Building based upon the following
legislative determinations:
(A) Fire rescue services, which include the
combined fire control and emergency medical services of
the City under its existing consolidated fire rescue
program, possess a logical relationship to the use and
enjoyment of improved property by: (1) protecting the
value of the improvements and structures tbrough the
provision of available fire rescue services; (2)
protecting the life and safety of intended occupants' in
the use and enjoyment of improvements and structures
within improved parcels; (3) lowering the cost of fire
or other insurance by the presence of a professional
and comprehensive fire rescue program within the City;
and (4) containing the spread of fire incidents
occurring on vacant property with the potential to
- 6 -
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S'
spread and endanger the structures and occupants of
improved property.
(B) The combined fire control and emergency
medical services of the City under its existing
consolidated fire rescue program enhance and
strengthens the relationship of such services to the
use and enjoyment of Buildings within improved parcels
of Werty within the City.
(C) The combined fire control and emergency
medical services of the City under its existing
consolidated fire rescue program enhance the value of
business and commercial property that is improved by
the existenne or construction of a Building which
enhanced value can be anticipated to be reflected in
the rAntail. charge or value of such business or
cc=wrcial party.
see. 19.5-5. Applicability.
This Ordinance and the. City's authority to impose (-
assessments pursuant hereto shall be applicable -
throughout the City.
sec. 19.5-6. Alternative method.
(A) This Ordinance shall be deemed to provide an
additional and alternative method for the doing of the
things authorized hereby and shall be regarded as
supplemental and additional to powers conferred by
other laws, and shall not be regarded as in derogation
of any -powers now existing or which may hereafter come
into existence. This Ordinance, being necessary for
the welfare of the inhabitants of the City, shall be
liberally construed to effect the purposes -hereof.
(B) Nothing herein shall preclude the City
Commission from directing and authorizing, by
resolution, the combination with each other of (1) any
supplemental or additional notice deemed proper,
necessary, or convenient by the City, (2)• any notice
required by this Ordinance, or (3) any noticerequired
by law, including the Uniform Assessment Collection -
Act . " .
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ARTICLE II.
ANNUAL FIRE RESCUE ASSESSKWrS
Sec. 19.5-7. General authority.
(A) The City Commission is hereby authorized to
os
impose an annual Fire Rescue Assessment to fund all or
any portion of the Fire rescue Assessed Cost upon
benefited property at a rate of assessment based on the
special benefit accruing to such property from, the
City's :provision of fire rescue services, facilities,
or programs. All Fire Rescue Assessments shall be
imposed in conformity with the procedures set forth in
this Article II.
'r
(B) The amount of the Fire Rescue Assessment
imposed in a Fiscal Year against a parcel of Assessed
Property shall be determined pursuant to an
apportionment methodology based upon a classification
of property designed to provide a fair and reasonable
apportionment of the Fire rescue Assessed Cost among
properties on a basis reasonably related to the special
benefit provided by fire rescue services, facilities,
or programs funded with assessment proceeds. Nothing
contained in this I ice shall be construed to `
require the imposition of Fire Rescue Assessments l
against Government- Property.
Sec. 19.5-6. Initial proceedings.
The initial proceeding for the imposition of a
Fire Rescue Assessment shall be the adoption of an
Initial Assessment Resolution by the City Commission
(A) containing a brief and general description of the
fire rescue services, facilities, or programs to be
provided; (8) -estimating the Fire rescue Assessed Cost
to be assessed; (C) describing the method of
apportioning the Fire rescue Assessed Cost and the
computation of the Fire Rescue Assessment for specific
properties; (D) providing a summary description of the
parcels of property (conforming to the description
contained on the Tax Roll) located within the City that
receive a special benefit from the provision of fire
rescue services, facilities, or programs or describing
a specific geographic area in which such service,
facility, or program will be provided; (8) establishing
an assessment rate for the upcoming Fiscal Year; and
(F) directing the City Manager to (1) prepare the
initial Assessment Roll, as required by section 19.5-9
hereof, (2) publish the notice required by section
19.5-10 hereof, and (3) mail the notice required by
;J3-1014
.4
section 19.5-11 hereof using information then available
f rom' the Tax Roll.
Sec. 19.5-9. Initial assessment roll.
(A) The City Manager shall prepare, or direct the
preparation of, the initial Assessment Roll, which
sha,1 contain the following:
(1) A summary description of all Assessed
Property conforming to the description contained
on the Tax Roll.
(2) The name of the Owner of the Assessed
ProPexty .
(3) The amount of the Fire Rescue Assessment
to be imposed against each such parcel of Assessed
Property.
(8) The initial Assessment Roll shall be retained
by the City Manager and •shall be open to public
inspection. The .foregoing shall not be construed to
require that the Assessment Roll be in printed form if
the amount of the Fire Rescue Assessment for each
parcel of property 'can be determined by use of a
computer terminal available to the public.
Sec. 19.5-10. Notice. by publication.
Upon completion of the initial Assessment Roll,
the City Manager shall publish, or direct the
publication of, once in a newspaper of general
circulation within the City a notice stating that at a
meeting of the City Commission on a certain day and
hour, not earlier than 20 calendar days 'fzom such
publication, .which meeting shall be a regular,
adjourned, or special meeting, the City Commission will
hear objections of all interested persons to the Final.
Assessment Resolution which shall establish the rate of
assessment and approve the aforementioned initial
Assessment Roll. The published notice shall conform to
the requirements set forth in the Dkiiform Assessment
Collection Act. Such notice shall include (A) a
geographic depiction of the property subject to the
Fire Rescue Assessment; (B) a brief and general
description of the fire rescue services, facilities, or
programs to be provided; (C) the rate of assessment;
(D) the procedure for objecting provided in section
19.5-12 hereof; (B) the method by which the Fire Rescue
Assessment will be collected; and (F) a statement that
the initial Assessment Roll is available for inspection
- 9 -
^J3-10 4
at the office of the City Manager
persons may ascertain the amount to
a parcel of Assessed Property at the
Manager.
Sec. 19.5-11. Notice by mail.
and all interested
be assessed against
office of the City
.$(A) If the City decides to collect the Fire
Rescue Assessments on the same bill as ad valorem taxes
in the manner provided in the Uniform Assessment
Collection Act, the City Manager shall additionally
provide notice, or direct the provision of notice, of
the proposed Fire Rescue Assessment by first class mail
to the Owner of each parcel of property (except
Government.._, Property) subject to the Fire Rescue
Assessment. such notice shall include (A) the purpose
of the Fire Rescue Assessment; (B) the rate of
assessment to be levied against each parcel of
property; (C) the unit of measurement applied to
determine the Fire Rescue Assessment; (D) the number of
such6units contained in each parcel of property; (BY
the total revenue to be collected by the City from the
Fire Rescue Assessment; (F) a statement that failure to
pay the Fire Rescue Assessment will cause a tax
certificate to be •issued against the property or
foreclosure proceedings to be instituted, either of
which may result in a loss of title to the property;
(G) a statement that all affected Owners have a right
to appear at the hearing and to file written objections
with the City Commission within 20 days of the notice;
and (H) the date, time, and place of the hearing. Such
mailed notice shall conform to the requirements set
forth in the Uniform Assessment Collection Act. Notice
shall be mailed at least 20 calendar days prior to the
hearing to each Owner at such address as is shown on
the Tax Roll. Notice shall be deemed mailed upon
delivery thereof to the possession of the United States
Postal Service. The City Manager may provide proof of
such notice by affidavit. Failure of the Owner to
receive such notice due to mistake or inadvertence,
shall not affect the validity of the Assessment Roll
nor'release or discharge any obligation for payment of
a Fire Rescue Assessment imposed by the City Commission
pursuaat to this Ordinance.
(B) No individually mailed notice to affected
Owners, in addition to the published notice in section
19.5-10 hereof, shall be required in the event the City
employs an alternative method of collection and chooses
not to collect the Fire Rescue Assessments on the same
bill as ad valorem taxes.
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il3-10.4
C
Sec. 19.5-12. Adoption of Final Assessment Resolution.
At the time named in such notice, or to which an
adjournment or continuance may be taken by the City
commission,. the City Commission shall receive any
written objections of interested persons and may then,
or at any subsequent meeting of the City Commission
adopt the Final Assessment Resolution which shall .(A)
conf}'rm, modify, or repeal the Initial Assessment
Resolution with such amendments, if any, as may be
deemed appropriate by the City Commission; (B)
establish the rate of assessment to be imposed in the
upcoming Fiscal Year; (C) approve the initial
Assessment Roll, with such amendments as it deems just
and right; and (D) determine the method of collection.
The Final Assessment Resolution, or any subsequent
Annual `Rate 'Resolution, may modify, ratify or confirm
the Initial Assessment Resolution, or any subsequent
Preliminary Rate -Resolution. The adoption of the Final
Assessment Resolution by the City Commission shall
constitute a legislative determination that all parcels
asseSped derive a special benefit from the fire rescue
services, facilities, or programs to be provided or '
constructed and a legislative determination that the
Fire Rescue Assessments are fairly and reasonably
apportioned among the properties that receive the
special benefit. All objections to the. Final
Assessment Resolution shall be made in writing,' and
filed with the City Manager at or before the time or
adjourned time of such hearing. The Final Assessment
Resolution shall constitute the Annual Rate Resolution
for the initial Fiscal Year in which Fire Rescue
Assessments are imposed or reimposed hereunder.
Sec. 19.5-13. Effect of Final Assessment Resolution.
The Fire Rescue Assessments for the initial Fiscal
Year shall be.established upon adoption of the Final
Assessment Resolution. The adoption of the Final
Assessment 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 initial rate of
assessment, the initial Assessment Roll, 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
date of the City Commission action on the Final
Assessment Resolution. The initial Assessment Roll, as
approved by the Final Assessment Resolution, shall be
delivered to the Tax Collector, as required by the
Uniform Assessment Collection Act, or if the
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rt1014
alternative method described is section 29.5-21 hereof
is used to collect the Fire Rescue Assessments, such
other official as the City Commission by resolution
shall designate.
Sec. 19.5-14. Adoption of Annual Rate Resolution.
� am
(A) The City Coissi.oa shall adopt an Annual
Rate Resolution during its budget adoption process for
each Fiscal Year following the initial Fiscal Year for
which a Fire Rescue Assessment is imposed hereunder.
(8) The initial proceediags for the adoption of
an Annual Rate Resolution ahall be the adoption of a
Preliminary Rate Resolution by the City Comaission (1)
cvnuitfing a brief and general description of the fire
rescue services, facilities, or programs to be .
provided;'(Z) estimating the Fire rescue Assessed Cost
to be assessed for the upcoming Fiscal Year; (3)
establishing the assessaeut rate for the upcoming
Fis Year; (4) authorising the date, time, and pi"—
of public hearing " to receive and' consider caosmats - t
frac the public and consider the adoption of the Annual .
Rate Resolution for the upcoming Fiscal Year; and (5)
directing the heCiitty�K�aaa9esCe to (a) update the Assessment
firsclas
mail to of f ectad Ousel sh�e
In t� a event
described in subsection (F) of this section so requize,
and (c) directing and authorising any sugpiement-al or �..
additional notice deemed proper, necessary or
convenient by the City.
(C) The Annual Bite Resolution shall (1)
establish the rate of assessarent to be imposed in the
upeoae3ag Fiscal Year and (2) approve the Assessment
Roll for the upcoming Fiscal Year with such adjustments
as the City C==:Lss3on deems just and right. The
Assessment Roll shall be prepared in ac with
the metbod of apportionment set forth int t e Initial
Assessment Resolutia together with modifications, it
say, and as confirmed in the Final Assessment
Resolution or as provided in the Preliminary Rate
Resolution.
(D) Wothiag herein shall preclude the city
Commission frost providing annual notification to all
Owners of Assessed Property in the saner provided in
either or both sections 19.5-10 or 19.5-11 hereof.
(8) Nothing herein shall preclude the city
C wmissioa from establishing by resolution a maximum
rate of assessment provided that notice of such. maximus
- 12 -
;J3-1014
assessment rate is provided pursuant to sections
19.5-10 and 19.5-11 hereof.
(F) In the event (1) the proposed Fire Rescue
Assessment for any Fiscal Year exceeds the maximum rate
of assessment adopted by the City Commission and
included in notice previously provided to the Owners of
Assessed Property pursuant to sections 19.5-10 and
19.5x11 hereof, (2) the method of apportionment is
changed or the purpose for which the Fire Rescue
Assessment is imposed is substantially changed from
that represented by notice previously provided to the
Owners of Assessed Property pursuant to sections 19.5-
10 and 19.5-11 hereof, (3) Assessed Property is
reclassified in a manner which results in an increased
Fire Rescue Assessment from that represented by notice
previously ,--provided to the Owners of Assessed Property
pursuant to sections 19.5-10 and 19.5-11 hereof or (4) -
an Assessment Roll contains Assessed Property that was
not included on the Assessment Roll approved for the
prior Fiscal Year, notice shall be provided to affected
Ownep in substantial conformance with the notice
requirements set forth in sections 19.5-10 and 19.5-11
hereof and inform the Owner of the date, time, and -
place for the adoption of the Annual Rate Resolution.
The failure of the Owner to receive such notice due to
mistake or inadvertence, shall not affect the validity
of the Assessment Roll nor release or discharge - any
obligation for payment of a Fire Rescue Assessment
imposed by the City Commission pursuant to this
Ordinance.
(G) As to any Assessed Property not included on
an Assessment Roll approved by the adoption of the
Final Assessment Resolution or a prior years Annual
Rate Resolution, the adoption of the succeeding Annual
Rate Resolution shall be the final adjudication of the
issues presented as to such Assessed Property
(including, but not -limited to, the determi elation of
special benefit and fair apportionment to the Assessed
Property, the method of apportionment and assessment,
the rate of assessment, the Assessment Roll, 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
date of the City Comstission action on the Annual Rate
Resolution. Nothing contained herein shall be
construed or interpreted to affect the finality of JLny
Fire Rescue Assessment not challenged within the
required 20 day period for those Fire Rescue
Assessments imposed against Assessed Property .by the
inclusion of the Assessed Property on an Assessment
Roll approved in the Final Assessment Resolution or any
subsequent Annual Rate Resolution.
13
(H) The Assessment Roll, as approved by the
Annual Rate Resolution, shall be delivered to the Tax
Collector as required by the Uniform Assessment
Collection *Act, or if the alternative method described
in section 19.5-21 hereof is used to collect the Fire
Rescue Assessments, such other official as the City
Commission by resolution shall designate. If the Fire
Resdte Assessment against any property shall be
sustained, reduced, or abated by the court, an
adjustment shall be made on the Assessment Roll.
Sec. 19.5-15. Lien of Fire Rescue Assessments.
upon the adoption of the Assessment Roll, all Fire
Rescue Assessments shall constitute a lien against .
Assessed Property equal in rank and dignity with the
liens of all state, county, district, ox- municipal
taxes and special assessments. Sbxept as otherwise
provided by lav, such lien shall be superior in dignity
to IM1 other prior liens, mortgages, titles, and .
claims, until paid. The lien for a Fire Rescue.
Assessment shall be deemed perfected upon adoption by
the City ComW asion of the Final Assessment Resolution
or the Annual Rate Resolution, whichever is applicable.
The lien for a Fire Rescue Assessment collected under
the Uniform Assessment Collection Act shall attach to
the property included on the Assessment Roll as of the
prior January 1, the lien date for ad valorem taxes
imposed under the Tax Roll. The lien for a Fire Rescue
Assessment collected under the alternative method of
collection provided in section 19.5-21 shall be deemed
perfected upon adoption by the City Commission of the
Final Assessment Resolution or the Annual Rate
Resolution, whichever is applicable, and shall attach
to the property on such date of adoption. a
Sec. 19.5-16. Revisions to Fire Rescue Assessments.
If any Fire Rescue Assessment made under the
provisions of this Ordinance is either in whole or in
part annulled, vacated, or set aside by the judgment of
any court,- or if the City Comission is satisfied that
any such Fire Rescue Assessment is so irregular or
defective that the same cannot be enforced :or
collected, or if the City Commission has omitted any
property on the Assessment Roll which property should
have been so included, the City Commission may take all
necessary steps to impose a new Fire Rescue Assessment
against any property benefited by the Fire rescue
Assessed Costs, following as nearly as may be
practicable4 the provisions of this Ordinance and in
- 14 -
case such second Fire Rescue Assessment is annulled,
vacated, or not aside, the City Commission may obtain
and impose other Fire Rescue Assessments until a valid
Fire Rescue Assessment is imposed.
Sec. 19.5-17. procedural iriegvlarities.Wi.
s Any informality or irregularity in proceedings
i.n connection with the levy of any Fire Rescue
Assessment tinder the provisions of this in=��e shall
not affect the validity of the same of the app�rowai
thereof•i aai�dd any Fire ,.Rescue Ass "`� an finally
approved' smell be competent and �ent evideaae
that such Rescue Assessment - was &a- levied, that
the Fire seise Assessment was duly s and adopted.
and that 411 other proceedings adequat to such Lire
Rescue Assessment were -duly had, taken'- and perf" r -14
as required ',by this Ordinance; and no varsance frog the
directions hereunder1 be held material unless it
be clearly. shores t the party `Icbj*cting was
mateaLally injured . :thereby. Notwithstaadiag the
Provisions of this sectiom, any party objecting to s
Fire Pescue Assesam+ent imposed pursuant to this
Ordinance must file an ob j ectio�n with a court of
competent jurisdiction within the time -periods
prescribed herein. =
Sec. 19.5-18. Correction of errors and emissions.
(A) No act of error or omission on the part of
the property Appraiser, Tax Collector, City M&W9sr.
city cmamission, or their deputies, employees, :gents
or designees shall operate to release or aay
obligation for payment of a Fire ResCue Assessment
imposed by the city Cownission wades the Pravisioo of
this 4 InA21ce.
(s) vium it shall appear that any Fire Rescue
Assessment should have been imposed I=d er this
Ordinance against a parcel of Property specially
benefited by the provision of fire rescue sesvices,
facilities, or programs, but that such property cess
omitted from the Assessment Roll or was not listed oa
the Tax atoll as an individual parcel of -property as of
by
the- of f ective date, of the Assessment Roll aMso s
the Aanval Rate Resolution for any npcomsng
Year, the City CO=W Sion may, upon provision of a
notice by mail provided to the Omer of the fitted
parcel in substantially the manner and foss provided in
section 19.5-11, impose the applicable Ptre
Assessment for the Fiscal Year in which such Masa= is
discovered, in addition to the applicable Fire Rgeue
- is - 93—IM
.
IV
AA60SGmftt due for the prior two Fiscal Years. such
Fir* V-ftfte ASS4888mat shall constitute a lien agaUMt
Assessed property equag in rank and dignity with the
liens of all state, county, district. or Ulmlc4pal
taxes and special assess
.wents, and superior in rank and
dignity to all otheror lions, mortgages, title*
and claims* in and tDIT6C against thereal M–peft-Y
iWrGlved..-,.,&ball be collected as provided in Article rit
herdbf, and shall be AZi�-'&
adoptionU- the — perfected -.on the date of
-V resojjjTan 4 ing -16m omitted or
nqu nt. "Sessilents
(C)Prior to the delivery of the '..'ikasesmont Ron
c.'
to the Tia, collector ina-ccoz4ance with the Unifem
ASS*X2WInt;;-LC*IleCtion ACts'"the City SW I have
the authp—oty at any t*, upon hvwcs bw am
initiative,, -i= in response to a tinelf!ed petitUm
from the Owner of any property subject Io a Fire Rescue
Asses�--nat';- to reclassify property based upon
presentatioan of competent and substaylt4al, evidence, and
correct any ezT= -in applying the Fire Rescue
ASSMUment apportion t method to_any particulai
parcel of pz -- ty not k 4 CIM the
provision of imalcice pursuant to the Vnifosa AMWBM=t
Collection Act. Any such correction shall be
considered valid ab Initio and sbal " In no way affect
the enforcement of the Fire Rescue Assessment imposed
under the provIsions, of this, . All requests
'from affected property owners for any such changes,
modifications or corrections shall be referred to, and
processed by, the City Manager and not the Property
Appraiser or Tax Collector. Any property owner
unsatisfied with the decision of the City Iftnager may
seek review by a bearing officer in the meaner provided
in Section 19.5-23 hereof.
(D) After the Assessment toll has been delivered
to the Tax Collector in accordance with the Qdfam
Assessment Collection: Act, any Changes, modifications,
or corrections tbereto shall be made in accordance with
the procedures applicable to correcting errors and
insolvencies an the Tax Roll upon timely written
request and direction of the City Manager.
Sec. interim assessments.
(A) An interim Fire Rescue ASSOSSUGUt shall be
imposed against all property for which & Certificate Of
Occupancy is issued after adoption Of the Annual Rate
Resolution. The amount of the Interim. Fire Rescue
Assessment shall be calculated up= a moutbly rate,
which shall be one -twelfth of the k=W&I rate for Such
property computed in accordance with the Annual Rate
- 16 -
93 -1014
.AW
Resolution for the Fiscal Year in which the Certificate
of Occupancy is issued. Such monthly rate shall be
imposed for each full calendar month remaining in the
Fiscal Year. In addition to the monthly rate, the
interim Fire Rescue Assessment shall also include -an
estimate of the subsequent Fiscal Years Fire Rescue
Assessment. No Certificate of Occupancy shall ;be
issued until full payment of the interim Fire Rescue
Assgpsment is received by the City. Issuance of the
Certificate of Occupancy by mistake or inadvertence,
and without the payment in full of the interim Fire
Rescue Assessment, shall not relieve the Owner of such
property of the obligation of full payment. For the
purpose of this provision, such interim Fire Rescue
Assessment shall be deemed due and payable on the date
the Cgrtificate of Occupancy was issued and shall
constitute"a- lien against such property as of that
date. Said lien shall be equal in rank and dignity .
with the liens -of all state, county, district or
municipal taxes and special assessments, and superior
in rank and dignity to all other liens, encumbrances,
titla& and claims in and to or •against the real
property involved and shall be deemed perfected upon
the issuance of the Certificate of Occupancy.
(B) Any prtpe;ty mer unsatisfied with the
imposition of an .interim Fire Rescue Assessment -may
seek review by a hearing officer in the manner provided
in Section 19.5-23 hereof.
ARTICLE III .
COLLECTION AND USE OF FIRE RESCUE ASSESSIMTTS
Sec. 19.5-20. Method of collection.
(A) Unless otherwise directed by the City
commission, the Fire Rescue Assessments shall be
collected pursuant to the uniform method provided in
the Uniform Assessment Collection Act, and the City
shall comply with all applicable provisions of the
Uniform Assessment Collection Act. Any hearing or
notice required by this Ordinance may be combined with
any other hearing or notice required by the Uniform
Assessment Collection Act. J.
(B) The amount of a Fire Rescue Assessment to be
collected using the uniform method pursuant to the
Uniform Assessment Collection Act for any specific
parcel of benefited property may. include an amount
equivalent to the payment delinquency, de11nquency fees
and recording costs for a prior years assessment for a
- 17 - ^J3-1014
comparable service, facility, or program provided, .(1)
the collection method used in connection with the prior
yeax's assessment did not employ the use of the uniform
method of collection authorized by the Uniform
Assessment Collection Act, (2) notice is provided to
the Owner' as required under the Uniform Assessment
Collection Act, and (3) any lien on the affected parcel
for the prior year's assessment is supplanted and
transferred to such Fire Rescue Assessment upon
certification of a non -ad valorem roll to the Tax
Collector by the City.
Sec. 19.5-21. Alternative method of collection.
In lieu of utilizing the Uniform Assessment
Collection Act, the City may elect to collect the Fire
Rescue Absessments by any other method which is
authorized by law or under the alternative collection
method provided'by this section:
(A) The City shall provide Fire Rescue Assessment
bil2W by first class mail to the Owner of each affected
parcel of. property, other than Government t Property, at
any time prior to or during the Fiscal Year. for which
such Fire Rescue Assessments are imposed. The bill or
accompanying explanatory material shall include (1) a
brief explanation of the Fire Rescue -Assessment, 32) a
description of the unit of measurement used to
determine the amount of the Fire Rescue Assessment, (3)
the number of units contained within the parcel, (4)
the total amount of the Fire Rescue Assessment imposed
against the parcel for the appropriate period, (5) the
location at which payment will be accepted, (6) the
date on which the Fire Rescue Assessment is due, and
(7) a statement that the Fire Rescue Assessment
constitutes a lien against assessed property equal'in
rank and dignity with the liens of all state, county,
district or municipal taxes and other non -ad valorem
assessments.
(H) A general. notice of the lien resulting from
iuposition of the Fire Rescue Assessments shall be
recorded in the Official Records of the County.
Nothing herein shall be construed to require that
individual liens or releases be filed in the Official
Records.
(C) The City shall have the right to foreclose
and collect all delinquent Fire Rescue Assessments in
the manner provided by law for the foreclosure of
mortgages on real property or appoint or retain an
agent to institute such foreclosure and collection
proceedings. A Fire Rescue Assessment shall become
- is -
,)3-10:14
_ so
delinquent if it is not paid within 30 days from the
date any installment is due. The City or its agent
shall notify any property owner who is delinquent in
payment of his or her Fire Rescue Assessment within 60
days from .the date such assessment was due. Such
notice shall state in effect that the City or its agent
will either (1) initiate a foreclosure action or suit
in equity and cause the foreclosure of such property
subj�eect to a delinquent Fire Rescue Assessment in .a
method now or hereafter provided by law for foreclosure
of mortgages on real property, or (2) cause an amount
equivalent to the delinquent Fire Rescue Assessment,
not previously subject to collection using the uniform
method'under the Uniform Assessment Collection Act, to
be collected on the tax bill for a subsequent year.
(b) -Ail costs, fees and expenses, including
reasonable attorney fees and title search expenses, -
related to any foreclosure action as described herein
shall be included in any judgment or decree rendered
therein. At the sale pursuant to decree in any such
acts, the City may be the purcbaser to the same
extent as any Person. The -City or its agent may join -
in one foreclosure action the collection of Fire Rescue
Assessments against any or all property assessed in
accordance with the provisions hereof. All delinquent
Owners whose propertj► is foreclosed shall be liable for
an apportioned amount of reasonable costs and expenses
incurred by the City and its agents, including
reasonable attorney fees, in collection of such
delinquent Fire Rescue. Assessments and any other costs
incurred by the City as a result *of such delinquent
Fire Rescue Assessments and the same shall be
collectible as a part of or in addition to, the costs
of the action.
(B) In lieu of foreclosure, any delinquent Fire
Rescue Assessment and the costs, fees and expenses
attributable thereto, may be collected pursuant to the
Uniform Assessment Collection Act; provided however,
that (1) notice is provided to the Owner in the manner.
required by the Uniform Assessment Collection Act and
tb4s Ordinance, and (2) any existing lien of record on
the affected parcel for the delinquent Fire Rescue
Assessment is supplanted by the lien resulting from
certification of the Assessment Roll, as applicable, to
the Tax Collector.
(P) Notwithstanding the City's use of an
alternative method of collection, the City Manager
shall have the same power and authority to correct
errors and omissions as provided to him or county
officials in section 19.5-18 hereof.
- 19 -
93-1014
(G) Any City Commission action required in the
collection of Fire Rescue Assessments may be by
resolution.
Sec. 19.5.22. Government Property.
(A) If Fire Rescue Assessments are imposed
agaifist Goverment Property, the City shall provide
Fire Rescue Assessment bills by first class mail to the
Owner of each affected parcel of Government Property.
The bill or accompanying explanatory material shall
include (1) a brief explanation of the Fire Rescue
Asser went , (2) a description of the unit of
measuremtnt used to determine the amount of the Fire
Rescue Assessment, (3) the n3zmber of units contained
within the -parcel, (4) the total amount of the parcelis
Fire Rescue Assessment for the appropriate period, (5)
the location at which payment will be accepted, and (6)
the date on which the Fire Rescue Assessment is due.
bqB) Fire Rescue Assessments' imposed agatiast -
Government Property shall be due on the same date as •
all other Fire Rescue Assessments and, if applicable,
sball be subject to the same discounts for early
payment. '
(C) A Fire Rescue Assessment shall bezome
delinquent if it is not paid within 30 days from the
date any installment is due. The City shall notify the
Owner of any Government Property that is delinquent in
payment of its Fire Rescue Assessment within 60 days
from the date such assessment was due. Such notice
shall state that the City will initiate a mandamus or
other appropriate judicial•action to compel payment.
(D) All costs, fees and expenses, including
reasonable attorney fees and title search expenses,
related to any mandamus or other action as described
herein shall be included in any judgment or decree
rendered therein. All delinquent Owners of Govertmumt
Property against which a mandamus or other appropriate
action is filed shall be liable for an apportioned
amount of reasonable costs and expenses incurred by the
City, including reasonable attorney fees, in collection
of such delinquent Fire Rescue Assessments and any
other costs incurred by the City as a result of such
delinquent Fire Rescue Assessments and the same shall
be collectible as a part of or in addition to, the
costs of the action.
(B) As an alternative to the foregoing, a Fire
Rescue Assessment imposed against Gove*'*mmm e t Property
may be collected as a surcbarge on a utility bill
- 20 -
iJ3-1014
..I'd
provided to such Government Property in periodic
installments with a remedy of a mandamus action in the
event of non-payment. The City Commission may contract
for such billing services with any utility, whether or
not such utility is owned by the City.
Sec.,19.5-23. Appeals.
A
(A) A hearing officer shall be appointed by the
City Manager to hear appeals from affected property
owners concerning (1) the classification, size, or use
of the -.owner's parcel or any other factual matter
related to the application of the method of
apportionment employed in imposing the Fire Rescue
Assessment;_'., (2) the imposition of an interim
assessmentor (3) the correction of an error or
omission.
(H) The aggrieved property owner shall file a
written notice of appeal with the City Manager's office
within. twenty (20) days following the effective date Qf
the assessment or action by the City Manager under
Sections 19.5-18 or 19.5-19 hereof. The filing of an
appeal at any point in time shall not stay the*
collection of the Fire Rescue Assessment.
(C) An appeal to the hearing officer shall- be
made within twenty (20) days after the effective date
of the Fire Rescue Assessment or action by the City
Manager under Sections 19.5-18 or 19.5-19 hereof by
filing a notice of appeal or letter of appeal with the
City Manager stating therein the basis for such appeal.
(D) No hearing shall be heard by the hearing
officer unless the respective appeals have been filed
within the time and at the place provided in this
chapter.
(8) All decisions of the hearing officer made
under this section shall be deemed final.
(F) All such requests for review by the City
under this chapter shall be subject to the disclosure
requirements set forth in section 2-618, of the Code of
the City of Miami, Florida, as amended.
(G) The City Manager shall give the appealing
party at least ten (10) days' notice of the time and
place of such hearing. The notice shall be in a form
acceptable to the city attorney. No public or
published notice is required.
- 21 -
o)3-10 .4
at
(H) The aggrieved property owner shall, at his
own cost, provide supplemental information in advance
to the City Manager including, but not limited to,
relevant data, consulting or expert reports or
opinions, or other information to be used or relied
upon at the bcaring. Failure to timely provide such
information shall preclude the use and consideration of
same at the hearing and may result in the denial of the
appeal.
s
(I) At the time and place set for the hearing the
hearing officer shall give -the appealing party a
reasonable opportunity to be heard. Parties may
present evidence to support their position: bcwaver, ao
economic or technical reports, studies, appraisals or
other information, expertise or opinions shall be
considered by the hearing officer unless the same shall
have been -disclosed to the City and filed with the City
Manager at least ten (10) days prior to that hearing.
All exhibits presented to the hearing officer shall
become part of the record and shall remai.a so until the
determination of the hearing officer or the expiration
of ar* administrative or judicial appeal period s
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict . With the provisions of 1
this Ordinance are hereby repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remain=g provisions of this Ordinance shall not. be affected.
Section 4. it is the intention of the City Commission
that the: provisions of this Ordinance shall become and be made a
part of the Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word
6ord1.nances may be changed to "sections, *article*, or other
appropriate word to accowlish such intention.
22 -
o- 1014
Section S. The provisions of this Ordinance shall become
effective imediately after final reading and adoption thereof.
PASSED ON FIRST RSADIM BY TITLB ONLY this z= day of
1997.
PASSED AMID ADOPTED On SECOND AND FINAL RBADIMiG SY TITLE OWLY
this 13th_ day of January 1996.
r7z
VISit L. . ARM
PREPARED AND APPROVED BY:
Gg 1IzV
ASSISTANT C= ATi'O Y
APPROVED41
]1S FOM Am CpRR,8C1'iiBSS
R. r�a�w v •
W412:G :bss
- 23 -
^."=3-10.4
�•fi
Section S. The provisions of this Ordinance shall become
effective imediately after final reading and adoption thereof.
PASSED ON FIRST RSADIM BY TITLB ONLY this z= day of
1997.
PASSED AMID ADOPTED On SECOND AND FINAL RBADIMiG SY TITLE OWLY
this 13th_ day of January 1996.
r7z
VISit L. . ARM
PREPARED AND APPROVED BY:
Gg 1IzV
ASSISTANT C= ATi'O Y
APPROVED41
]1S FOM Am CpRR,8C1'iiBSS
R. r�a�w v •
W412:G :bss
- 23 -
^."=3-10.4
ehe Miami 3Herata
ehe HMO BRDWIRD
PUBLISHED DAILY
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
Sonia Correa
who on oath says that she is an
Account Executive
of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the
advertisements for City of Miami appeared in said newspaper in the issues of:
The Miami Herald, Metro Miami, August 22"d, 2003, Pg. 5B
Affidavit further says that the said Miami Herald is a newspaper published at Miami, in the said
Dade County, Florida and that the said newspaper has heretofore been continuously published in
said Dade County, Florida, each day and has been entered as second class mail matter at the
post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement.
Sworn to and subscribed before me
This 4th day of September, 2003
Damm. Carolyn Mason
t My COMMISsm # DD148187 OM
-`' September 4 2006
1 gpWW-rp RUTROYFAININWMW:E.IN�
1014
"j3-1015
i
I F FRIDAY, AUGUST 22,2003 WWW.heraid.com The Herald 5Ba
Name confusion lands
man in jail for six days
0 WRONG MAN, FROM 1B It took the
and ultimately a lawsuit will be
served on both and they can
sort out the culpability."
"How do you explain a six-
day detention when it would
take no more than 15 minutes
to do the fingerprint compari-
son?" attorney John Trevena
said.
Those were hard six days
for a man who has never been
arrested as an adult.
"I thought I was going to die
in there," he said in a phone
interview from his home in
Pinellas County. "A maximum
security jail, it was awful."
BACK IN 1970
It all started in 1970, when
the warrant was issued in
Miami -Dade County for James
Daniels Anderson on mari-
juana possession charges.
Several times during the
intervening years, police
around the state asked James
Douglas Anderson about the
warrant.
Each time, he explained that
it wasn't him, just someone
with an almost identical name
and the same birthday. And
each time, after a bit of check-
ing, police let him go.
Anderson said he called
Miami -Dade officials once to
see if there was anything he
could do to sort the thing out.
They told him he would have
to come to Miami to deal with
it.
"I was afraid to come down
there because I thought I might
never get out of there," he said.
Then the law came for him.
On Aug. 1, Miami -Dade
police sent a letter to Pinellas
officials with the warrant
information and James Doug-
las Anderson's address,
retrieved from a commercial
database and driver's license
records.
"After 30 some years, what
prompted them to send this?"
asked Pinellas Detective Tim
Goodman. "We were working
on the information thev nro-
intervention of
the public
defender's office
to spring the
wrong man free.
gerprints?
"If I pick somebody up fc
warrant and I'm unsure, wl
ever issued the warrant the
call them, or we will send i
guy's prints to be matched u
Miami -Dade Detective Bol:
Williams said.
When Anderson got to 1
Pinellas County jail on Aug.
he was fingerprinted a
insisted he was not the ril
man.
JUST WAITING
But no one at the j
requested the fingerprii
from James Daniels Andersi
They were just waiting
Miami -Dade police to coi
pick up James Douglas And
son.
Bill Braun, a Pinellas pub
defender's investigator w
heard about the situation fri
Anderson's friend, called t
arresting deputy.
"She informed me she kn
he was the correct person a
refused to request prints fr<
Dade County [police] for co
parison," Braun wrote in
e-mail to his boss that was pi
vided to The Herald.
"She added, `he even adrr
ted that he should have gone
Miami to get this straighten
out.' "
So Braun contacted Miar
Dade police and asked them
send a copy of James Danii
Anderson's fingerprints
Pinellas.
The fingerprint informati
arrived Tuesday and in le
than an hour the comparis
was made and the order se
un to release Anderson_
it a
io-
nI
the
P,„
Eby
:he
13,
nd
;ht
ail
its
:n.
for
me
er-
lic
ho
)m
he
aw
nd
)m
m-
an
ro-
Lit -
to
ed
pi -
to
els
to
on
!ss
on
!nt
The Herald's In Arts section on Sundays highlights local entertainment for you.
CITY OFMIAMI
NOTICE OF PUBLIC HEARING
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF SOLID WASTE SPECIAL ASSESSMENTS
Notice is given that the City Commission of the City of
Miami will conduct a public hearing to consider imposing
Solid Waste special assessments for the provision of Solid
Waste services within the City of Miami for the Fiscal Year
commencing October 1, 2003 and ending September 30, 2004.
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 receiv-
ing 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 toappeal any decision made by
the City Commissioners with respect to any matter considered
at the hearing, such person will need a record of the proceed-
ings 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.
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 Solid Waste assessment schedule:
RESIDENTIAL
RATE
PROPERTY USE
PER EACH
CATEGORIES
DWELLING UNIT
Single Family
$325.00
Copies of the Solid Waste Assessment Ordinance, Initial
Assessment Resolution and the preliminary assessment roll are
available for inspection at the Office of the City Clerk of
Miami, Florida, 3500 Pan American Drive, Miami, Florida.
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
assessments), such action shall be the final adjudication of the
issues presented.
The assessments will be collected on the same bill as ad
valorem taxes. Failure to pay the assessment will result in
either the commencement of foreclosure proceedings or 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 City of
Miami at (305) 416-1570, Monday through Friday between
8:30 a.m. and 4:30 p.m.
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QTY Op PRISCILLA A. THOMPSON '
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H CITY OF MIAMI, FLORIDA
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(#11079)
CITY OF MIAMI 9 3 —1015
&the Miami fferata
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PUBLISHED DAILY
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
Sonia Correa
who on oath says that she is an
Account Executive
of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the
advertisements for City of Miami appeared in said newspaper in the issues of:
Miami Herald, Metro Miami, August 22nd, 2003, Pg. 5B (#11078)
Miami Herald, Metro Miami, August 22"d, 2003, Pg. 5B (#11079)
Affidavit further says that the said Miami Herald is a newspaper published at Miami, in the said
Dade County, Florida and that the said newspaper has heretofore been continuously published in
said Dade County, Florida, each day and has been entered as second class mail matter at the
post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement.
Virginia Kronemann
Sworn to and subscribed before me
This 26th day of August, 2003
ae, 11ha'ov),
CaroynMason
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