HomeMy WebLinkAboutR-99-0689l
i
J-99-743
9/21/99
RESOLUTION NO. 0 J rJ
A RESOLUTION, WITH ATTACHMENTS, OF THE-MIAMI
CITY COMMISSION RELATING TO THE PROVISION OF
FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS
IN THE CITY OF MIAMI, FLORIDA; RE -IMPOSING
FIRE RESCUE ASSESSMENTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1999;
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
Rescue Assessment", which authorizes the imposition of Fire
Rescue Assessments for fire rescue services, facilities, and
programs against Assessed Property located within the City; and
WHEREAS, the re -imposition of a Fire Rescue Assessment for
fire rescue services, facilities, and programs each fiscal year
is an equitable and efficient method of allocating and
apportioning Fire Rescue Assessed Costs among parcels of Assessed
Property; and
WHEREAS, the City Commission desires to re -impose a fire
rescue assessment program within the City using the tax bill
ATTACHMENT (S)
CO T ANI ED
CITY cob MIISMOR
MEETING OF
S F P C 1 1999
Resolution No.
f_ 60C
collection method for the Fiscal Year beginning on October 1,
1999; and
WHEREAS, the City Commission adopted Resolution No. 99-433
on June 221 1999, (hereinafter the "Preliminary Pate
Resolution"), containing and referencing a brief and general
description of the fire rescue facilities and services to be
provided to Assessed Property, describing the method of
apportioning the Fire Rescue Assessed Cost to compute the Fire
Rescue Assessment for fire rescue 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 require; and
WHEREAS, pursuant to the provisions of Section 19.5-12 of
i
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
- 2
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
an opportunity to be heard; an affidavit regarding the proof of
publication being attached hereto as Appendix A; and
WHEREAS, a public hearing was held on September 14, 1999,
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 hereby 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. Definitions and Interpretation. 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
s
{
a
No. 98-325), and the Preliminary Rate Resolution.
Section 3. Re -imposition of Fire Rescue Assessments.
(A) The parcels of Assessed Property described in the
Assessment Roll, as updated, which is hereby approved, are hereby
found to be specially benefited by the provision of the fire
rescue services, facilities, and programs described or referenced
in the Preliminary Rate Resolution, in the amount of the Fire
Rescue Assessment set forth in the updated Assessment Roll, a
copy of which was present or available for inspection at the
above referenced public hearing and is incorporated herein by
reference. It is hereby ascertained, determined and declared
that each parcel of Assessed Property within the City will be
specially benefited by the City's provision of fire rescue
services, facilities, and programs in an amount not less than the
Fire Rescue Assessment for such parcel, computed in the manner
set forth in the Preliminary Rate Resolution. Adoption of this
Annual Rate Resolution constitutes a legislative determination
that all parcels assessed derive a special benefit, 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 rescue services,
facilities, or programs to be provided and a legislative
determination that the Fire Rescue Assessments are fairly and
reasonably apportioned among the properties that receive the
special benefit as set forth in the Preliminary Rate Resolution.
(B) The method for computing Fire Rescue Assessments
described or referenced in the Preliminary Rate Resolution is
hereby approved.
(C) For the Fiscal Year beginning October 1, 1999, the
estimated Fire Rescue Assessed Cost to be assessed is $14,540.00.
The Fire Rescue Assessments to be assessed and apportioned among
benefited parcels pursuant to the Cost Apportionment and Parcel
Apportionment to generate the estimated Fire Rescue Assessed Cost
4
for the Fiscal Year commencing October 1, 1999, are hereby
established as follows:
ESIDENTIAL PROPERTY
USE CATEGORIES
Rate Per
Dwelling Unit
Single Family _
_ $61
Multi -Family
$74
r
Public Housing
$218
ON -RESIDENTIAL
PROPERTY US
CATEGORIES
Building
Classification
(in square foot
ranges)
Commercial
Industrial/Institutional
Warehouse
< 1,999
$5
$1
$82
2,000 - 3,499
$11
$33
$16
3,500 - 4,999
$20
$58
$28
5,000 - 9,999
$28
$84
$412
10,000 - 19,999
$57
$16
$824
20,000 - 29,999
$1,14
$334
$1,64
30,000 - 39,999
$1,72
$501
$2,472
40,000 - 49,999
$2,29
$668
$3,29
50,000 - 59,999
$2,87
$835
$4,12
60,000 - 69,999
$3,44A
$1,003
$4,944
70,000 - 79,999
$4,01
$1,170
$5,788
80,000 - 69,999
$4,592
$1,337
$6,591
90,000 - 99,999
$5,16E
$1,504
$7,41
100,000
124,999
$5,73S
$1,671
$8,23
125,000
149,999
$7,174
$2,089
$10,29
150,000
174,999
$8,609
$2,506
$12,359
175,000
199,999
$10,04
$2,924
$14,41
>200,000
$11,47
$3,342
$16,47
The above rates of assessment are hereby approved.
Fire Rescue Assessments for fire rescue services, facilities, and
programs in the amounts set forth in the updated Assessment Roll,
as herein approved, are hereby levied and re -imposed on all
parcels of Assessed Property described in such Assessment Roll
for the Fiscal Year beginning October 1, 1999.
(D) As authorized in Section 19.5-19 of the Code, interim
Fire Rescue Assessments are also levied and imposed against all
property for which a Certificate of Occupancy is issued after
V 1 {-
5 - ,ej 6 U
adoption of this Resolution based upon the rates of assessment
approved herein.
(E) Fire Rescue 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. Confirmation of Preliminary Rate Resolution.
The Preliminary Rate Resolution is hereby confirmed.
Section S. Effect of Adoption of Resolution. The
adoption of this Annual Rate Resolution shall be the final
adjudication of the issues presented (including, but not limited
to, the determination of special benefit and fair apportionment
to the Assessed Property, the 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 this Annual Rate
Resolution.
Section 6. Effective Date. This Resolution shall become
effective immediately upon its adoption and signature of the
Mayor."
PASSED AND ADOPTED this 21st day of September , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it In the designated place provided, said legislatie^ na—v
becomes effective with the elapse of ten {10)days from th e of C miss. n act;cn
regarding same, without the Mayor exercisiV
o.
ATTEST:
Waiter an, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVED A,a/lO)FORM AY�- CORRECTNESS :ti
71Z:GKW:RCL:BSS
=� 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.
7
APPENDIX A
PROOF OF PUBLICATION
A-1"'t�
i
r-
a
NOTICE `OF HEARING TO REIMPOSE AND
PROVIDE FOR COLLECTION OF FIDE
RESCUE SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Miami will conduct a public hearing to
consider reimposing fire rescue special assessments for the provision of fire rescue services within the City
of Miami for the Fiscal Year beginning October 1, 1999.
The hearing will be held at 5:05 p.m. on September 14, 1999, 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 Clark 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 fire rescue
assessment schedule.
RESIDENTIAL. Rate Per
PROPERTY USE Dwelling Unit
CATEQORIE$ "
"-t&ngle Famlly'.'. $85.00 '" V J ; I
Muitl-Fami! $105 00
Public Housing ., $24.0.00
fo
NON-RF31gFNT1AI.. BUitdMg a i ty j
TUESDAY, AUGUST 24, 1999, THE HERALD 58
Marino testifies fot accused teammate
MARTIN, FROM iB
.examination with these encourag-
ing- words: "Thank you, Mr.
Marino, and good luck this sea-
466,"
;t Ironically, Marino and the Dol-
phins were not impressed with
-Martin's playing skills when he
f:liled to fulfill his promise with
'the team in 1989-93. The Dol-
Phtns traded him to the San Diego
Chargers, where he blossomed
alto one of the NFL's top receiv-
em
The Dolphins picked him up
ft+um the Atlanta Falcons last
spring after Martin was arrested
otty, money-laundering charges
along with Brownlee.
`fMarino, former Dolphins
receiver Nat Moore and Martin's
walit Ethel Rosalyn Closter took
itiv stand Monday to build up
Martin's stature, before DeWaard
chipped away at it during closing
&Wments. Martin, 33, is accused
of taking $44,786 of Brownlee's
money to lease three luxury cars
for him, and laundering another
$100,000 to retain an attorney for
shetwice-convicted drug dealer.
.p "By his own choice, [Tony]
Pecame a money launderer for a
rug trafficker," DeWaard said.
Tony can't stick his head in the
Viand and say he didn't know
(,Brownlee] was a drug dealer,"
-An the last of the closing argu-
ments today, Martin's defense
attorney is expected to say his cli-
ent would have no reason' to
bOieve the money in question
came from Brownlee's drug opera-
tion. Attorney Howard Srebnick
*01 likely say the money came
66ih Brownlee's lbgitimate busi-
nesses, including a restaurant and
convenience store in Opa-locka
that generated about $1.5 million
in the 21l: years before his arrest in
January 1998.
In closing statements Monday,
Brownlee's attorney told jurors
that federal prosecutors failed to
prove that his client's money was
tainted. "You have a big fat zero,"
attorney Peter Raben said. "Not
one witness said that drug money
aid for any cars or any attorney
[for Brownlee]."
Before his morning testimony,
Marino spent about an hour wait-
ing in a side room of Miami's fed-
eral courthouse while prosecutors
finished cross-examination of the
final witness in Brownlee's
defense.
The veteran quarterback said he
first met Martin when the receiver
joined the Dolphins in 1989, and
that Martin has accepted invita-
tions to his Weston house and met
his family. Marino called him a
"good person" and "loyal team-
mate."
Asked by DeWaard whether he
had any testimony to give in the
case, Marino said: "Other than
what I know about Tony as a per-
son, no."
Marino, sporting a dark -blue
suit, said nothing as he left the
courthouse accompanied by O.J.
McDuffie, another Dolphins
receiver, who was wearing a cast
on his injured left thumb.
In his testimony, Moore said he
tried to help Martin make the con-
version to wide receiver from
quarterback, the position he
played at Mesa College.
Moore, who played 13 years for
the Dolphins, said Martin wore
his old number — 89. "Being a
local product from Northwestern
High, I thought it was my duty,"
Moore said, referring to Martin's
alma mater.
Now owner of aspecial-events
company, Moore said Martin
often helped him with his NFL
youth camps during Super Bowls.
"One thing that we try not to do
in the camps is bring in guys that
aren't appropriate, guys that get in
trouble," Moore said. "Tony was
one of the guys who I called upon.
and would help me out: I felt he
was a good guy who kids could
took up to."
When the money-laundering
trial started earlier this month,
Dolphins Coach Jimmy Johnson
showed up with a group of players
in support of Martin during open-
ing arguments. There was specula-
tion he might testify on Monday,
but Johnson did not appear at the.
trial.
On Monday, the defense rested
following cross-examination of
Brownlee's former business part-
ner Damain Toledo.
The former Opa-locka conven-
ience store owner testified that it
was he, not Brownlee, who reim-
bursed Martin for $100,000 in
lawyees fees. That was a partial
payback to Martin, who wrote a
$175,000 check to the Miami law
firm of Milton Hirsch. The lawyer
refused to accept payment from
Brownlee.
"That was money I got from my
store over two or three years,"
said Toledo, who has been jailed
since Dec. 4. He was charged with
civil contempt after he stopped
answering questions before the
grand jury. "It was an advance for
what he was doing to help
Rickey."
9-maih iweawr@horald.com
NOTICE OF HEARING TO InnPOSItAND
rl-
PROVIDE FOR COLoL.ECTIOW" 0 -t MID
WASTE SPECIAL ASS§4�5ffli"
,%t Atami Meralb
A Knight-Ridder Newspiper
Before the undersigned authority personally appeared Risa McGrew who on oath
says that she is the South Office Operations Manager of The Miami Herald
Publishing Company, daily newspaper(s) published at Miami in Dade County,
Florida. She further s that the advertisement for—
_was published in
v
the issue or issues of +C c -
on Q -1 i C1 C� for the
above publications as per attached —
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Affiant further states that the said MIAMI HERALD PUBLISHING COMPANY are
newspapers published at Miami, in said Dade County, Florida, and that the said
newspapers have here -to -fore been continuously published in said Dade County,
Florida, each day, and have 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 advertisement.
Risa McGrew
Sworn to and Subscr}'bed to
bef r his k— d/',�,f
cs
A. D 399
Notary Public -
==Q
•
(Seal)
max=
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Notary Public State of Florida
FIORELLA SARMIENTO
Commission #,' CC742716
Expires 5 / 14 / 2002
�9—
689
The Miaini Herald / El Nuevo Herald
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APPENDIX B
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
B-1
Cl .1 5
L
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 rescue 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 September 22,
1999.
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
1999.
CITY OF MIAMI, FLORIDA
By:
Donald H. Warshaw
City Manager
B-2
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cl Cry U
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. The Honorable Mayor and
Members of the City Commission
FROM : (Conali-W-Wa—rshaw
City Manager
RECOMMENDATION
DATE: AUG 3 O I999 FILE FM-047.doc
SUBJECT: Proposed Resolution:
Fire -Rescue Final Assessment
FY 1999-2000
REFERENCES Commission Meeting 9/ 14/99
ENCLOSURES:
Resolution
It is respectfully recommended that the attached Final Assessment Resolution relating to the Fire
Rescue Assessment be adopted. This Resolution re -imposes the Fire -Rescue assessments and
establishes the final assessment rate for the fiscal year beginning October 1, 1999. It further
approves the Assessment Roll, the method for computing said assessments, and provides for ad
valorem collection powers provided in Section 197.3632, Florida Statutes, as well as other
provisions more specifically set forth in the attached Resolution.
BACKGROUND
The preliminary rate schedule was approved pursuant to Resolution No. 99-433, adopted June
22, 1999, and was in accordance with the Five Year Plan previously approved by the Miami City
Commission and the Financial Oversight Board.
Upon re -imposition of Fire Rescue Assessments for fire rescue services, facilities, or programs
against Assessed Property located within the City, the City shall provide fire rescue services to such
Assessed Property. A portion of the cost to provide such fire rescue services, facilities, or programs
shall be funded from proceeds of the Fire Rescue Assessments. The remaining cost required to
provide fire rescue services, facilities, and programs shall be funded by available City revenues
other than Fire Rescue Assessment proceeds.
This Resolution constitutes the Final Assessment Rate for FY 1999-2000, as defined in Ordinance
No. 11584, adopted January 13, 1998, which initiated the process for updating the Assessment
Roil and directed the reimposition of Fire Rescue Assessments on an annual basis, pursuant to
Section 197.3632 Fla. Stat.
Enclosure
DHW/CAG/MLK/WB/csk
FM.047.doc
09- 689
J-99-497
6 /22/99
RESOLUTION NO
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, RELATING TO THE PROVISION
OF FIRE RESCUE SERVICES, FACILITIES AND
PROGRAMS IN THE CITY OF MIAMI, FLORIDA;
ESTABLISHING THE ESTIMATED ASSESSMENT RATE
FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1999 IN ACCORDANCE
WITH THE CITY OF MIAMI FIVE-YEAR PLAN; AND
DIRECTING THE PREPARATION OF AN ASSESSMENT
ROLL; AUTHORIZING A PUBLIC HEARING 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.
pursuant to the provisions
Ordinance (Ordinance No.
This Resolution is adopted
of the Fire Rescue Assessment
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 AND DEFINITIONS. This Resolution
constitutes the Preliminary Rate Resolution as defined in the
Ordinance which initiates the annual process for updating the
Assessment Roll and directs the reimposition of Fire Rescue
Assessments for the Fiscal Year beginning October 1, 1999. All
ATTACHWi'W7
J U NC 1999
i
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.
SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE
SERVICES.
(A) Upon the imposition of Fire Rescue Assessments for fire
rescue services, facilities, or programs against Assessed
Property located within the City, the City shall provide fire
rescue services to such Assessed Property. A portion of the cost
to provide such fire rescue services, facilities, or programs
shall be funded from proceeds of the Fire Rescue Assessments.
The remaining cost required to provide fire rescue services,
facilities, and programs shall be funded by available City
revenues other than Fire Rescue Assessment proceeds.
(B) It is hereby ascertained, determined, and declared that
each parcel of Assessed Property located within the City will be
benefited by the City's provision of fire rescue services,
facilities, and programs in an amount not less than the Fire
Rescue Assessment imposed against such parcel, computed in the
- 2 -
manner set forth in this Preliminary Rate Resolution.
SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE
ASSESSMENTS. Fire Rescue Assessments shall be imposed against
all Tax Parcels within the Property Use Categories. Fire Rescue
Assessments shall be computed in the manner set forth in this
Preliminary Rate Resolution.
SECTION 5. 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 6. 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
reference.
SECTION 7. DETERMINATION OF FIRE RESCUE ASSESSED COSTS;
ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES.
(A) The Fire Rescue 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, 1999, is the amount determined in the
Estimated Fire Rescue Assessment Rate Schedule, attached hereto
as Appendix A. The approval of the Estimated Fire Rescue
- 3 -
Assessment Rate Schedule by the adoption of this Preliminary Rate
Resolution determines the amount of the Fire Rescue Assessed
Costs. The remainder of such Fiscal Year budget for fire rescue
services, facilities, and programs shall be funded from available
City revenue other than Fire Rescue Assessment proceeds.
(B) The estimated Fire Rescue Assessments specified in the
Estimated Fire Rescue Assessment Rate Schedule are hereby
established to fund the specified Fire Rescue Assessed Costs
determined to be assessed in the Fiscal Year commencing
October 1, 1999. No portion of such Fire Rescue Assessed Costs
are attributable to capital improvements necessitated by new
growth or development.
(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 Rescue
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
- 4 -
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 Rescue Assessments upon
Public Housing Property.
(E) It is hereby 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 Rescue
Assessment. Accordingly, the City elects to continue an economic
hardship program to assist residential 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 Rescue Assessment
is being imposed shall have their Fire Rescue Assessment paid by
the City from legally available funds other than those derived
from the Fire Rescue Assessment proceeds.
(F) Provided, however, any shortfall in the expected Fire
Rescue Assessment proceeds due to any reduction or exemption from
payment of the Fire Rescue Assessments required by law or
authorized by the City Commission shall be supplemented by any
legally available funds, or combination of such funds, and shall
not be paid for by proceeds of funds derived from the Fire Rescue
Assessments. It is the legislative determination of the City
Commission that in the event a court of competent jurisdiction
- 5 -
determines any exemption or reduction by the City Commission is
improper or otherwise adversely affects the validity of the Fire
Rescue Assessment imposed for this Fiscal Year, the sole and
exclusive remedy shall be the imposition of a Fire Rescue
Assessment upon each affected Tax Parcel in the amount of the
Fire Rescue Assessment that would have been otherwise imposed
save and except for such reduction or exemption afforded to such
Tax Parcel by the City Commission.
(0) The estimated Fire Rescue 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, 1999, as provided in Section 8 of this Preliminary
Rate Resolution.
SECTION 8. ANNUAL ASSESSMENT ROLL.
(A) The City Manager is hereby directed to prepare, or
cause to be prepared, an updated Assessment Roll for the Fiscal
Year commencing October 1, 1999, 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 Rescue Assessed Cost to be
recovered through Fire Rescue 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 open to public inspection. The foregoing shall
not be construed to require that the updated Assessment Roll
proposed for the Fiscal Year beginning October 1, 1999, be in
printed form if the amount of the Fire Rescue Assessment for each
parcel of property can be determined by the use of a computer
terminal available to the public.
(B) In determining the estimated Fire Rescue 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 Rescue Assessment imposed for a
prior fiscal year, together with any costs, fees or expenses
attributable thereto.
(C) It is hereby ascertained, determined, and declared that
the method of determining the Fire Rescue Assessments for fire
rescue 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 Rescue Assessed Cost among parcels of Assessed Property
i
located within the City.
SECTION 9. AUTHORIZATION OF PUBLIC HEARING. There is
hereby established a public hearing to be held at 5:00 p.m. on
September 14, 1999, 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
- 7 -
rJ e_ i C_) e
Rescue Assessments from the public and affected property owners
and consider imposing Fire Rescue Assessments for the Fiscal Year
beginning October 1, 1999, and collecting such assessments on the
same bill as ad valorem taxes.
SECTION 10. NOTICE BY PUBLICATION. The City Manager
shall publish a notice of the public hearing authorized by
Section 9 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 24, 1999, in
substantially the form attached hereto as Appendix B.
SECTION 11. 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 9 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 Rescue Assessments for the Fiscal Year beginning
October 1, 1999.
(B) By August 10, 1999, the City Manager shall make the
determination whether the Property Appraiser is able and willing
to timely combine the mailed notice provided for in
subsection (A) of this Section with the truth-in-millage
9yJ
4 .... !.� �..)
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 24, 1999.
SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds
derived by the City from the Fire Rescue Assessments will be
utilized for the provision of fire rescue 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 rescue services, facilities,
and programs.
SECTION 13. EFFECTIVE DATE. This Preliminary Rate
i
Resolution shall take effect immediately upon its passage and
adoption.
Section 14. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.=
PASSED AND ADOPTED this 22nd day of June , 1999.
JOE CAROLLO, MAYOR
in accordance with Amami code Sec. L-35. since the tviavr- di: nc, f -- -^.c lev r , ,
this legislation b signing ° °�of
Y 9 ng it in the dasi�natec� o�ac_ ,.•:ioa�
becomes effective with the el
same, apse of ten (i0) days, m the date of Con�:;.�
r+ g , without the A,havormy=r jam►._ LL.�L_
ATTEST:
WALTER J. FOEMAN
CITY CLERK
AND CORRECTNESS'.]
TTORNEY
509:GKW:RCL:BSS
'-' If the Mayor does not sig
n gn this Resolution,
effective at the end of ten calendar days from
passed and adopted. If the Mayor vetoes this
shall become effective immediately upon override
the City Commission.
-10-
City Cleric
it shall become
the date it was
Resolution, it
of the veto by
0j 689
APPENDIX A
ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE
SECTION A-1. DETERMINATION OF FIRE RESCUE ASSESSED COSTS. The
estimated Fire Rescue Assessed Costs to be assessed for the Fiscal
Year commencing October 1, 1999, is $20,297,000.
SECTION A-2. ESTIMATED FIRE RESCUE ASSESSMENTS. The estimated
Fire Rescue Assessments to be assessed and apportioned among benefited
parcels pursuant to the Cost Apportionment and Parcel Apportionment to
generate the estimated Fire Rescue Assessed Cost for the Fiscal Year
commencing October 1, 1999, are hereby established as follows for the
purpose of this Preliminary Rate Resolution:
RESIDENTIAL
PROPERTY USE
CATEGORIES
Rate Per
Dwelling Unit
single Fam1 y
$85.0
u ti-Famx y
$105.0
Public Housing
$240.0
NON-RESIDENTIAL
PROPERTY USE
CATEGORIES
Buil2ling
Classification
(in square foot
ranges)
Commercial
Industrial/
Warehouse
Institutional
< 1,999
79
323
13
2,000 - 3,499
158
46
27
3,500 - 4,999
276
80
47
51000 - 91999
395
114
68
10,000 - 19,999
789
229
$1,36
20,000 - 29,999
11579
457
$2,73
30,000 - 39,999
$2,368
686
$4,09
40,000 - 49,999
3,157
$5,46
50,000 - 59,999
$3,947
1,143
$6,82
60,000 - 69,999
4,736
1,371
8,19
70,000 - 79,999
51525
1,600
$9,555
80,000 - 89,999
6,314
1 ,
$10,919
90,000 - 99,999
$7,104
2,057
12J47
100,000 - 124,999
7,893
2,285
13
125,000 - 149,999
9,866
2,856
17
150,000 - 174,999
11,840
3,428
20175,000
- 199,999
13,813
3, 999
23>
200,000
$15,786
4,570
27
Rev 6/16199 V
A-1
99- 433
AppENDIB A
ESTIMATED FIRE RESCUE ASSESSMENT RATE SCMULE
1
APPENDIX B
FORM OF NOTICE TO BE PD$LISNED
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To Be Published by August 24, 1999
[INSERT MAP OF CITY]
NOTICE OF HEARING TO REIMPOSE AND
PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City
of Miami will conduct a public hearing to consider reimposing
fire rescue special assessments for the provision of fire rescue
services within the City of Miami for the Fiscal Year beginning
October 1, 1999.
The hearing will be held at 5:00 p.m. on September 14, 1999,
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 attributed to that parcel. The fallowing table reflects
the proposed fire rescue assessment schedule.
B-1
RESIDENTIAL
PROPERTY USE
CATEGORIES
Rate Per
Dwelling Unit
ng a Family
SsN
u ti-
Familysc
Housing
240.0
q
PROPERTY USE
CATEGORIES
Bus iNOESIDENTIAL Classifiction
(in square foot
ranges)
Commercial
Industrial/
Warehouse
Institutional
c 1,999
79
23
13
2,000 - 3,495
158
46$2731
3,500 - 4,999
276
80$4781
5,000 - 9,999
395
114$6821
10,000 - 19,999
789
229
1,36
20,006 - 29,999
$1,579
457
$2,7301
30,000 - 39,999
$2,368
886
4,09 Ej
0,000 - 49,999
$3,157
914
5,46
50,000 - 59,999
$3,94?
11143
6,82
60,000 - 69,999
$4,736
$1,371
$8,19
70,000 - 79,999
$5,52-5
$1,600
9,55
80,000 - 89,999
$6,314
$1,828
$10,91
90,000 - 99,999
$7,104
$2,057
$12,28q
100,000 - 124,999
$7,893
$2,285
6491
125,000 - 149,999
$9,866
$2,856
$17,0621
150,000 - 174,999
$11,840
3,428
$20,4741
175,000 - 199,999
13,813
$3,999
$23,8861
> 200,000
$15,786
4,570
$27,29
Pursuant to Section 7 of the Preliminary Rate Resolution
(Resolution No. 98-773), 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 Rescue
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,
In �11 dd' 9
B-2 0 Ij0
benevolent and scientific purposes.
Pursuant to Section 7 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 Rescue
Assessments upon Public Housing Property.
Any shortfall in the expected Fire Rescue Assessment
proceeds due to any reduction or exemption from payment of the
Fire Rescue Assessments required by law or authorized by the City
Commission shall be supplemented by any legally available funds,
or combination of such funds, and shall not be paid for by
proceeds of funds derived from the Fire Rescue 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 Rescue
Assessments imposed for this Fiscal Year, the sole and exclusive
remedy shall be the imposition of a Fire Rescue Assessment upon
each affected tax parcel in the amount of the Fire Rescue
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. 98-773), and the
amendment thereto, initiating the annual process of updating the
Assessment Roll and reimposing the Fire Rescue 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 1999, as authorized by section 197.3632,
B - 3 0 �7
01 1 NOW I jig
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 City Fire
Rescue Department at (305) 416-1770, Monday through Friday
between 8:00 a.m. and 5:00 p.m.
CITY CLERK
CITY OF MIAMI, FLORIDA
B-4 '��I" ��CfJ
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
APPENDIX C
FORM OF NOTICE TO BE MAILED
* * * * * NOTICE TO PROPERTY OWNER
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Owner Name
Address
City, State Zip
CITY OF MIAMI, FLORIDA
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF FIRE
RESCUE NON -AD VALOREM ASSESSMENTS
NOTICE DATE: AUGUST 24, 1999
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 fore
rescue services using the tax bill collection method, may be
levied on your property for the fiscal year October 1, 1999 -
September 30, 2000. Previous special assessments to fund fire
rescue services benefitting imprroved property located within the
City of have proven to be fair, efficient and effective. The
total annual fire rescue assessment revenue to be collected'
within the City of Miami for the upcoming fiscal year is
estimated to be $ The annual fire rescue
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
The annual fire rescue assessment for the above parcel is
A public hearing will be held at 5:00 p.m. on September 14, 1999, 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 rescue services available during
the period from October 1, 1999, through September 30, 2000, 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
bisabilities Act, persons needing a special accommodation or an
interpreter to participate in this proceeding should contact the City
Clerk at (305) 250-5350 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 assessments), such action
shall be the final adjudication of the issues presented.
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 initiating the annual process of updating the Assessment
Roll and reimposing the Fire Rescue Assessments, and the preliminary
Assessment Roll for the upcoming Fiscal Year are available for
r •, .1
C- 2 A) J �- 0, 9
inspection at the Office of the City Clerk of Miami, Florida, 3500 Pan
American Drive, Miami, Florida.
Both the fire rescue non -ad valorem 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.
i
If there is a mistake on this notice, it will be corrected. If you
1 have any questions regarding your fire rescue assessment, please
contact the City Fire Rescue Department at (305) 416-1770, Monday
through Friday between 8:00 a.m. and 5:00 p.m.
* * * * TFHS IS NOT A BILL * * * * *
C-3