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HomeMy WebLinkAboutR-98-0419J-98-428 4/20/98 RESOLUTION NO. - 19 A RESOLUTION RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of Miami, Florida, has enacted Ordinance No. 11584 (the "Ordinance") amending the Code of the City of Miami (the "Code") to add 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 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 imposition of any Fire Rescue Assessment is required by law to be annually reviewed and considered by the City Commission during its annual budgetary process and it is the desire and intent of the City Commission to, as soon as practicable, diminish its reliance on fire rescue assessments ORKMMON METING CW, APR 211 1%8 R"obNO. and effectively cause a sunset of the fire rescue assessment program after a five year period of time; and WHEREAS, the City Commission desires to initiate a fire rescue assessment program within the City for the last one-half of the Fiscal Year beginning October 1, 1997 using the alternative method of collection provided for in Section 19.5-21 of the Code, with the expectation of using the Uniform Assessment Collection Act method for the Fiscal Year beginning on October 1, 1998; and WHEREAS, the City Commission, on March 31, 1998, adopted Resolution No. 98-325, (the "Initial Assessment Resolution"), containing 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 preparation of the Assessment Roll and provision of published notice required by Section 19.5-10 of the Code; and WHEREAS, pursuant to the provisions of Section 19.5-12 of the Code, the City is required to confirm or repeal the Initial Assessment Resolution, with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties; and WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by Section 19.5-9 of the Code; and - 2 - 9 g - 419 WHEREAS, notice of a public hearing has been published in a newspaper of general circulation within the City as required by the terms of Section 19.5-10 of the Code, notifying affected property owners and interested persons of an opportunity to be heard, the proof of publication being attached hereto as Appendix A; and WHEREAS, a public hearing was held on April 28, 1998, and comments and objections of all interested persons have been heard and considered as required by the terms of Section 19.5-12 of the Code; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Authority. This Resolution is adopted pursuant to Chapter 19.5 of the Code of the City of Miami, Florida, as amended (the "Code"), Resolution No. 98-325, Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. Section 2. Definitions and Interpretation. This Resolution constitutes the Final Assessment 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. - 3 - 98- 419 Section 3. Fire Rescue Assessments. (A) The parcels of Assessed Property described in the Assessment Roll, which is hereby approved, are hereby found to be specially benefitted by the provision of the fire rescue services, facilities, and programs described in the Initial Assessment Resolution, in the amount of the Fire Rescue Assessment set forth in the 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 benefitted 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 Initial Assessment Resolution. Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit, as set forth in Chapter 19.5 of the Code and the Initial Assessment 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 Initial Assessment Resolution. (B) The method for computing Fire Rescue Assessments described in the Initial Assessment Resolution is hereby approved. (C) For the last one-half of the Fiscal Year beginning October 1, 1997, the estimated Fire Rescue Assessed Cost to be - 4 - 98- 419 assessed is $11,958,093. The Fire Rescue Assessments to be assessed and apportioned among benefitted parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the last one-half of the Fiscal Year commencing October 1, 1997, are hereby established as follows: RESIDENTIAL PROPERTY USE CATEGORIES Rate Per Dwelling Unit Single Family $24.0 Multi -Family $30.0 Public Housing $86.0 NON-RESIDENTIAL PROPERTY USE CATEGORIES Building Classification (in square foot ranges) Commercial Industrial/ Warehouse Institutional < 1,999 $23 $7 $3 2,000 - 3,499 $45 $14 $6 3,500 - 4,999 $79 $23 $12 5,000 - 9,999 $113 $33 $1721 10,000 - 19,999 $225 $66 $3441 20,000 - 29,999 $450 $132 $68 30,000 - 39,999 $675 $197 $1,0321 40,000 - 49,999 $900 $263 $1,37 50,000 - 59,999 $1,125 $328 $1,72 60,000 - 69,999 $1,350 $394 $2,063 70,000 - 79,999 $1,575 $459 $2,40 80,000 - 69,999 $1,800 $525 $2,75 90,000 - 99,999 $2,025 $590 $3,09 100,000 - 124,999 $2,250 $656 $3,43 125,000 - 149,999 $2,813 $819 $4,29 150,000 - 174,999 $3,375 $983 $5,15 175,000 - 199,999 $3,938 $1,147 $6,01 > 200,000 $4,500 $1,311 $6,87 The above rates of assessment are hereby approved. (D) The Fire Rescue Assessment for all Tax Parcels owned by the City shall be paid from legally available funds, other than Fire Rescue Assessment proceeds. (E) For the period commencing April 1, 1998 and ending - 5 - 98 419 September 30, 1998, Fire Rescue Assessments for fire rescue services, facilities, and programs in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessed Property described in the Assessment Roll. (F) As authorized in Section 19.5-19 of the Code, interim Fire Rescue Assessments are also levied and imposed for the period commencing April 1, 1998 and ending September 30, 1998, against all property for which a Certificate of Occupancy is issued after April 1, 1998, based upon the rates of assessment approved herein. (G) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (H) As provided in Section 19.5-21 of the Code, the City Clerk shall provide Fire Rescue Assessment bills by first class mail as soon as practicable after the adoption of this resolution to the Owner of each affected parcel of property, and the Fire Rescue Assessment shall be due and payable within 30 days from the date of mailing. The Fire Rescue Assessment bills shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. The City Clerk may provide proof of such mailing by affidavit. (I) A general notice of the lien resulting from imposition of the Fire Rescue Assessments in substantially the form attached - 6 - 9 4_19 hereto as Appendix B shall be recorded in the Official Records of Miami -Dade County, Florida. Nothing herein shall be construed to require that individual liens or releases be filed in the Official Records. Section 4. Confirmation of Ordinance and Initial Assessment Resolution. The adoption of Ordinance No. 11584 on January 13, 1998 and its inclusion in the Code as Chapter 19.5 is hereby ratified and confirmed. Except as modified herein, the Initial Assessment Resolution adopted on March 31, 1998 is hereby ratified and confirmed. Section 5. Effect of Adoption of Resolution. The adoption of this 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 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 Final Assessment Resolution. Section 6. Conflicts. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 98- 419 Section 7. Severability. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Resolution. Section 8. Effective Date. This Final Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 28th day of April 1998. JOE CAROLLO, MAYOR In accmxhme with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of t* legislation by signing it in the designated place provided, said legislation row becomes effecdve with the elapse of ten (t0) days from the date of Commissic action regarding same, without the Mayor rcis' a v ATTEST Waiter J. o a , Clerk WA1L'1'JSX J . FOEMAN, CITY CLERK PREPARED AND APPROVED BY: GEO GE WYSONG III ASSISTANT CITY ATTORN W2279:GKW:BSS - 8 - 419 APPENDIX A PROOF OF PUBLICATION 98- 419 04i 17 /QR I I :;ii qV3tl.1R71 430:1 tl I AN l HE:12.ai.D FRI 0n2 0hie Miami ErVeralb A Kniebr-Kidder Ncvv%+ojvr Before the undersigned authority personally appeared Louisa Ferrera, who on oath says that she is the South Sales Manager of The Miami Herald Publishing Company, daily newspaper(s) published at Miami in Dade County, Florida. �-- Shl further 11 says that the advertisement for 1 �LL-� �� was published in the issue or issues of X 2Z5- i)?0 for the above publications as per attached Affiant further states chat 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. Sworn to and Subscribed to before, this day of J.A.D. , 199$ OiA(�Y PU,, OFFICIAL NOTARY SEAL f. RISA KOLYER * * COMMISSION NUMBER CC401337 MY COMMISSION EXF OF p1.a AUG. 16 1998 C. Notary Public (Seal) "[lie Miami Herald J El, Nuevo Herald 7300 N Kendall Dr • Suite 660 0M1ami F1, 33156 • Tel (305)671-4300 • Fax (305)671-4303 Now W CITY OF MIAMI NOTICE OF PUBLIC HEARING NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR - COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS 7 Notice is hereby given that the City Commission of the City of Miami will conduct a public hearing to consider imposing Fite Rescue Special Assessments for die provision of fire rescue services within the City of Miami for the peri• od corrunencirng April 1. 1996, and ending September 30, 1998 (being am and the sofa as the last title-hw of the Rail yew cararsancieg Octobsr 1. 1997 and ending Septeinber 30. 1998). The hearing will be held at 10:00 am. on April 28. 1998, 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 peaaon decides to appeal my daisioo made by the City Commssiaa wile asPm to my maraer considered at the haring, such parson will need a record of the pmetedinp and may n nd to arise dot a vabe im road is made, including the testimony and evidence upon which do appeal a to be made. In accordance with the American with Dlesbilidaa Aix, person needing a special a000nanodeiaa at a inlerI In, ptertfeipsae in this proaediet rtg should coma the City Clerk at(3305) 2J0.5360 er least seven days prior to the done of die I i g The assessment for each parcel of property will be based upon each ParceI's cluaifiaoan and the turd ru in- anraertt . vxarrmr um tArEmR113 aAtr aim oaiattm aR ber of billing nape attributed to the per- cel. The following table reflects the pro- posed Fire Rescue assessment schedule. eosin ►roar aatamrrrtrt Flitl/Eart iron cAi20001111 Kom CtAama'A1011 Its aelMlr won mono catamtoa► sststratu vanrtoms smnuntim .+ats • or tar oar • err an sir ra &ass - .,a as s MM LAND .secs Ma m Mn +ear • war 1 sr taw &tar - acts Mr sir m AM - +am an Mw Maa •see - MAN era M.Me hats - arts M.n{ &air M.7111 AIN - aAer MUM mrase nAr • Mara err• ■m esAr • m own ens user ale WERAIR pursuant in, Seetks 9 of the bMd Asameat Resobtfoe the City Communion has aaoertii" dseremiad. sd dadersd ibat Isotiarlernal Ptopo provide facimlim and uses so the otsaarthip, ciec"E ti, maser bean.. as wal as to pablk in paterd then odw ii sec might be rprm► ad or taptis , w bar provided by rho City ad ad am thief serves a legidmar p dAc purpose and provider a pshk baw At Iheratom, k in fair and masarble not io isgosePie Raarxte Ammroam ape ed imtiladosd Property whom use is oleo wholly exempt hem ad valoism taxation udr Rohde 4w. which typicdly dasct0 .4 Perms which are nm&w reidadal, comaawad or indrosW in am and are predcminaetly trod for ad aationd. goawursaaal sleataymy. caaa- munity ;arvice religioes. cd- tuta4 literary, health cam benevolent and scimti6c pw• Poem pertinent to Section 9 at the b Wl Aseerrnew Rasohom the City Conanimion has seca terr- island. determined; rid declared that rubric Hoes - Pmpaty teK, seas, 8 of safle at sanitary dwelWtg aocommodedoaa available at teed which pawn of low income as afford and avoids conditions which otherwise might necessitate die further expenditure of public furls. Therefore, it is fair and reason- able not to impose Fire Rescue Assessments upon Public Housing Property. Any shortfall in the expected Fire Rescue Assesameet po• coeds duo to say reIoi or examocis from pagrmeet oxtbs Fur Rescae Ass aammts nquaied by law of smharimd by too CW Caamiaim sW be r4Plamasmd by soy legally available foods, a cons, , . of such fonds, and shoo sot be paid far by peraa , of fosde derived hoes the His Rescas Aseeaonb. the City Cbemisdon has also medo the 'Ili iuivs deismI I that is ale event a Dart of coulaoo jmfadiciia dossoises.any exa pion tr redraios by ilea City Coaami nW& is mi j I orad— inadversely afgecs the volift of the [ins Rencas Asersimmb iopomd fa this Final Year, the sole and excbrive r--dy"be the itapaidon of a Fos Ram Asseotnat upon esck of coed tut parcel is die aooew of the Foe Ram Assma sec that would have bees odiarwse mtpaed save and except fa' such reduction a exemption alfaded to rich tea puce) by the City Cammisaios Copies of the Fue Rescue Astesamat Otdiorha, the Initial Assessment Resolution and the limlicnioary Assassin= Roll are ava& able for inspection at the Office of the City Clerk of Miami. Florida, 3500 Pa Americo Drive, Miami, Florida. The ssaeaarm will be collated on a bill to be mailed as soon as pracdable after April 28, 1998. The assessmertts will be due upon mailing. Ilse assessments are delinquent thirty (30) days atler mailing. Failure to pay the suesrnsat will result if either die coormeriuxohant of foreclosure proceedings or cause a tax aatiftcau to be issued against die property which may ale adt m a lass of tick. !f you have my questions. plain contact tan City Fun Rescva Departnent at (305)116.1770. Monday through Friday' 890 a.m. and S:OD pm M • J (Semi) 98- 419 APPENDIX B GENERAL NOTICE OF LIEN 98- 419 GENERAL NOTICE OF LIEN OF FIRE RESCUE ASSESSMENTS FOR THE LAST ONE-HALF OF THE FISCAL YEAR COMMENCING OCTOBER 1, 1997 The City Commission (the "Commission") of the City of Miami, Florida (the "City"), on April 28, 1998, adopted Resolution No. 98- (the "Final Assessment Resolution"), which imposed a special non -ad valorem assessment (the "Fire Rescue Assessment") against certain improved property located within the City (the "Assessed Property") for the purpose of providing fire rescue services, facilities, or programs. The Fire Rescue Assessments were imposed pursuant to Ordinance No. 11584, codified as Chapter 19.5 of the City Code, which authorizes the imposition of Fire Rescue Assessments against Assessed Property located within the City. The Fire Rescue Assessments were imposed for the period beginning April 1, 1998 and ending September 30, 1998 (the "Assessment Period"). The Fire Rescue Assessments became a lien against such improved property within the City upon adoption of the Final Assessment Resolution. Ordinance No. 11584, codified as Chapter 19.5 of the City Code, also provides for interim Fire Rescue Assessments to be imposed against Assessed Property within the City (1) for which a Certificate of Occupancy is issued after adoption of the Final Assessment Resolution or (2) which was omitted or otherwise not listed on the Assessment Roll. All Fire Rescue Assessments shall constitute a lien against such property equal in rank and dignity with liens of all state, county, district or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The Fire Rescue Assessments are due and payable on or before 1998. A Fire Rescue Assessment shall become delinquent if not paid within 30 days from the date due. Ordinance No. 11584, codified as Chapter 19.5 of the City Code, authorizes the City to initiate foreclosure action in a method now or hereafter provided by law for foreclosure of mortgages on B-1 98- 419 real estate, or as otherwise provided by law, or cause any delinquent Fire Rescue Assessment to be collected on the tax bill issued in November of 1998 as a part of a subsequent year's non - ad valorem assessment for fire rescue services and facilities. The Assessment Roll which identifies the amount of the Fire Rescue Assessment for each parcel of Assessed Property has been filed with the City Clerk and is open to public inspection. This general notice of a lien resulting from the imposition of the Fire Rescue Assessment does not and shall not be construed to require that individual liens or releases be filed in the Official Records. ATTEST: WALTER J. FOEMAN, CITY CLERK JOE CAROLLO, MAYOR B-2 9 8 - 419 TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission Jose Garcia -Pedrosa City Manager Recommendation DATE : April 17, 1998 SUBJECT : Proposed Resolution: Fire -Rescue Assessment REFERENCES : City Commission Meeting April 28, 1998 ENCLOSURES: FILE : J98-428 It is respectfully recommended that the attached Final Assessment Resolution relating to the Fire Rescue Assessment be adopted. The Resolution describes the method of assessing fire rescue assessed costs against assessed property, sets the rate of the assessment, and directs the preparation of the assessment roll. Background The City has developed a special assessment program that is capable of funding all of the assessable costs associated with providing fire rescue services for an annual recurring program commencing Fiscal Year 1997-98 to be collected on a separate bill. However, in subsequent years, the City will have the opportunity to use the ad valorem collection powers provided in Section 197.3632, Florida Statutes. The City adopted Resolution No. 97-924 on December 30, 1997 and transmitted same to the Department of Revenue, the Miami -Dade Tax Collector, and the Miami -Dade Property Appraiser, pursuant to the above mentioned statute, thereby preserving the City's right to utilize the "Uniform Method of Collection." The adoption of this 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 rate of assessment and the assessment roll. �/ cc: Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk 98-W 419