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Home My WebLink AboutR-98-0773J-98-777 7/13/98 RESOLUTION NO. _9 R -y- ( r( 3 A RESOLUTION, 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, 1998; 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. This Resolution is adopted pursuant to the provisions 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), sections 166.021 and 166.041, Florida Statutes, 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 ATTACHMENT fS, ONTAINEID CITY COMMSSION MEETING OF J V L 2 1 1998 Resolution No. 98- 7713 Fiscal Year beginning October 1, 1998. 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. 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 benefitted 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 manner set forth in this Preliminary Rate Resolution. SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS. Fire Rescue Assessments shall be imposed against - 2 - 8- 7"1.3 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 benefitted parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the Fiscal Year commencing October 1, 1998, is the amount determined in the Estimated Fire Rescue Assessment Rate Schedule, attached hereto as Appendix A. The approval of the Estimated Fire Rescue 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 - 3 - 98 r 7� 3 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, 1998. 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 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 - 4 - 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 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 -5- 98- '7713 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. (G) 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, 1998, 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, 1998, 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 98- 7r13 proposed for the Fiscal Year beginning October 1, 1998, 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 located within the City. SECTION 9. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 10:00 a.m. on September 14, 1998, in the City Commission Chambers of City Hall, 3500 Pan American Boulevard, Miami, Florida, at which time the City Commission will receive and consider any comments on the Fire Rescue Assessments from the public and affected property owners and consider imposing Fire Rescue Assessments for the Fiscal Year beginning October 1, 1998, and collecting such - 7 - 98 773 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, 1998, 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, 1998. (B) By August 10, 1998, 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 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 9 8 - T13 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, 1998. 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 Resolution shall take effect immediately upon its passage and adoption. Section 14. This Resolution shall become effective 8 - 7"`113 immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this 21st day of July , 1998. ATTEST: W2758:GKW JOE CAROLLO, MAYOR In accordance with Miami Code Sec, 2.36, since the Mayor did not indicato ar,' legislation by signing it in the desianalwd �i ^e "o'r del , des effective with the elapse of ten (10) days from the dare: o+ =%tee+ n'sss vqppft same, without the ayor exer ' ' veto. alte . r eman, City Clerk �i 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. -10- 98-- 773 APPENDIX A ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE 9$- 773 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, 1998, is $5,761,161. SECTION A-2. ESTIMATED FIRE RESCUE ASSESSMENTS. The estimated 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 Fiscal Year commencing October 1, 1998, are hereby established as follows for the purpose of this Preliminary Rate Resolution: 7RESIDENTIAL Y USE RIES Rate A Dwellin single mi y u ti-Fame y P lc Housing NON-RESIDENTIAL PROPERTY USE CATEGORIES Building Classification (in square foot ranges) Commercial Industrial/ Warehouse Institutional < 1,999 23 7 2,000 - 3,499 45 14 3,500 - 4,999 7 23 5,000 - 9,999 113 33 10,000 - 19,999 225 66 d37 20,000 - 29,999 450 132 30,000 - 39,999 675 197 40,000 - 49,999 90 263 50,000 - 59,999 1,12 328 60,000 - 69,999 $1,350 $394 $2,0631 70,000 - 79,999 $1,575 $459 $2,4071 80,000 - 89,999 $1,805 $525 $2,7531 90,000 - 99,999 2,025 $3,091 100,000 - 124,999 $2,250 $656 $3,431 125,000 - 149,999 $2,813 819 $4,291 150,000 - 174,999 $3,37 983 $5,15 175,000 - 199,999 $3,938 $1,147 $6,01 > 200,000 $4,50 1,311 6,87 A-1 98- 7753 APPENDIX B FORM OF NOTICE TO BE PUBLISHED 9S 7"!3 APPENDIX B FORM OF NOTICE TO BE PUBLISHED To Be Published by August 24, 1998 [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, 1998. The hearing will be held at 10:00 a.m. on September 14, 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 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 following B-1 -- 773 table reflects the proposed fire rescue assessment schedule. 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 4 14 6 3,500 - 4,999 7 23 12 5,000 - 9,999 113 33 17 10,000 - 19,999 22 66 34 20,000 - 29,999 45 132 68 30,000 - 39,999 $675 T197 $1,03 40,000 - 49,999 90 263 $1,37 50,000 - 59,999 1,12 $1,72 60,000 - 69,999 $1,350 $394 $2,06 70,000 - 79,999 $1,575 459 $2,40 80,000 - 89,999 1,80 525 $2,75 90,000 - 99,999 $2,025 590 $3,09 100,000 - 124,999 $2,255 $656 3,43 125,000 - 149,999 $2,813 819 $4,29 150,000 - 174,999 3,375 1 983 $5,15 175,000 - 199,999 $3,938 1,147 6,01 > 200,000 $4,500 $1,311 6,87 Pursuant to Section 7 of the Preliminary Rate Resolution 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 B-2 98- 773 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 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 B-3 98- 7"13 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 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 1998, 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 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 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 J8-- 773 3 APPENDIX C FORM OF NOTICE TO BE MAILED * * * * * NOTICE TO PROPERTY OWNER City of Miami 3500 Pan American Drive Miami, Florida 33063 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, 1998 Tax Parcel Legal Sequence #: Description: As required by section 197.3632, Florida Statutes, notice is given by the City of Miami that an annual assessment for fire rescue services using the tax bill collection method, may be levied on your property for the fiscal year October 1, 1998 - September 30, 1999. The use of a partial year special assessment to fund fire rescue services benefitting improved property located within the City of Miami between April 1, 1998, and September 30, 1998, has 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 The annual fire rescue assessment for the above parcel is A public hearing will be held at 10:00 a.m. on September 14, 1998, in C-1 9 C::n - 773 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 owners of improved property within the City were mailed individual notices per bills when the Fire Rescue Assessment was first imposed in April. Those bills covered the period from April 1, 1998, through September 30, 1998. This notice addresses a special assessment to partially fund the cost to make fire rescue services available during the period from October 1, 1998, through September 30, 1999, 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 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 inspection at the Office of the City Clerk of Miami, Florida, 3500 Pan C-2 9 77- 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. If there is a mistake on this notice, it will be corrected. If you 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. * * * * THIS IS NOT A BILL * * * * * C-3 9s-- 7"�3 TO FROM CITY OF MIAMI, FLORIDA 26 INTER -OFFICE MEMORANDUM DATE: July 13, 1998 FILE: J98-777 Honorable Mayor and Members of the City Commission SUBJECT: Proposed Resolution: Fire -Rescue Assessment FY 98-99 -— Preliminary Assessment Resolution 'DonalWdH. Warshaw REFERENCES: City Commission Meeting City Manager ENCLOSURES: July 21, 1998 Recommendation It is respectfully recommended that the attached Resolution relating to the Fire Fescue Assessment be adopted. This Resolution establishes the estimAted assessment rate for fire rescue assessments for the fiscal year beginning October 1, 1998; directs the preparation of an assessment roll; authorizes a public hearing and directs the provision of notice thereof. The date of the hearing is currently set for September 14, 1998 at 10:00 a.m. Background This Resolution relates to the provision of fire rescue services, facilities and programs in the City. 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. This Resolution constitutes the Preliminary Rate Resolution as defined in Ordinance No. 11584 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, 1998. cc: Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Elvi Gallastegui, Agenda Coordinator 98- "773