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HomeMy WebLinkAboutPrevious LegislationCity of Miami Legislation Resolution R-05-0431 City Hall 3500 Pan American Drive Miami, FL 33133 www.cl,mlami.11.us Flie Number: 05-00620 Final Action Date; 7 / 7 / 0 5 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, IN ACCORDANCE WITH THE CITY OF MIAMI FIVE-YEAR PLAN; PROVIDING FOR NEW DEFINITIONS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 8, 2005, AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR 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 168.041, Florida Statutes, and in accordance with the City of Miami Five Year Plan and other applicable provisions of law. Section 2, Purpose. This Resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the Assessment Roil and directs the imposition of Fire Assessments for the Fiscal Year beginning October'', 2005, Section 3. Definitions. All capitalized words and terms not otherwise defined herein shall have the meanings Rat forth in the Ordinance, the initial Assessment Resolution and the Final Assessment Resolution, Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa, As used in this Resolution, the following words and terms shall be defined as follows: Annual Rate Resolution means the resolution establishing the rate at which a Fire Assessment for a specific year will be computed. The Final Assessment Resolution shall constitute the Annual Rate Resolution for this fiscal year. Assessed Property means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the fire services, programs, or facilities Identified In the Initial Assessment Resolution or the Preliminary Rate Resolution. Assessment Roll means a special assessment roll relating to a Fire Assessment approved by a Final Assessment Resolution or an Annual Rate Resolution. CO of Miami Page 7 of J Primed On: 6/24a003 File Number. 05-00610 Final Assessment Resolution means the resolution which shall confirm, modify, or repeal the Initial Assessment Resolution and which shall be the final proceeding for the Imposition of the Fire Assessment. Fire Assessed Cost means the amount determined by the City Commission to be assessed In this fiscal year to fund all or any portion of the cost of the provision of fire services, facilities, or programs which provide a special benefit to Assessed Property. Fire Assessment means a special assessment lawfully Imposed by the City against assessed property to fund the Fire Assessed Cost imposed to fund all or any portion of the cost of the provision of fire services, facilities, or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of property identified in this Initial Assessment Resolution. Initial Assessment Resolution means the resolution which shall be the initial proceeding for the identification of the Fire Assessed Cost for which an assessment is to be made and for the imposition of the Fire Assessment, Preliminary Rate Resolution means the resolution.inIliating the annual process for updating the Assessment Roll and directing the Imposition of the Fire Assessment pursuant the Annual Rate Resolution. Section 4. Provision and funding of Fire Services. (A) Upon the imposition of Fire Assessments for fire services, facilities, or programs against Assessed Property located within the City, the City shall provide fire services to such Assessed Property. A portion of the cost to provide such fire services, facilities, or programs shall be funded from proceeds of the Fire Assessments. The remaining required costs to provide fire services, facilities, and programs shall be funded by available City revenues other than Fire Assessment proceeds. (B) It is ascertained, determined, and declared that each parcel of Assessed Property located within the City will be benefited by the City's provision of fire services, facilities, and programs In an amount not less than the.Fire Assessment imposed against such parcel', computed in the manner sat forth in this Preliminary Rate Resolution. Section 5, Imposition and Computation of Fire Assessments. Fire Assessments shall be imposed against all Tax Parcels within the Property Use Categories. Fire Assessments shall be computed in the manner set forth in this Preliminary Rate Resolution, Section 6. Legislative Determinations of Special Benefit and Fair Apportionment. The legislative determinations of special benefit and fair apportionment embodied in the Ordinance, the Initial Assessment Resolution, and the Final Assessment Resolution are affirmed and incorporated herein by reference. Section 7. Cost Apportionment and Parcel Apportionment Methodologies. The apportionment among Tax Parcels of that portion of the Fire Assessed Costs apportioned to each Property Use Category under the Cost Apportionment shall be consistent with the Parcel Apportionment City of Miami Page T of 5 Printed On: 6/24/2005 File Number: 05.00810 methodology described and determined in "Appendix D," which Parcel Apportionment methodology Is hereby approved, adopted, and incorporated into this Initial Assessment Resolution by reference. The Cost Apportionment and Parcel Apportionment and the applicable explanatory appendices embodied and Incorporated in the Initial Assessment Resolution and Final Assessment Resolution, and as updated by the FY2000.01 and FY2003-04 Three Year Apportionment Studies which are available in the Offices of the Fire Chief, are affirmed and incorporated herein by reference. Section 8. Determination of Fire Assessed Costs; Establishment of Annual Fire Assessment. (A) The Fire Assessed Costs to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the Fiscal Year commencing October 1, 2005, is the amount determined in the Estimated Fire Assessment Rate Schedule, attached hereto as "Appendix A." The approval of the Estimated Fire Assessment Rate Schedule by the adoption of this Preliminary Rate Resolution determines the amount of the Fire Assessed Costs, The remainder of such Fiscal Year budget for fire services, facilities, and programs shall be funded from available City revenue other than Fire Assessment proceeds. (B) The estimated Fire Assessments specified in the Estimated Fire Assessment Rate. Schedule ere established to.fund the specified Fire Assessed Costs determined.to.be assessed In the. Fiscal Year commencing October 1, 2005, No portion of such Fire 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 Assessments upon such Institutional Property whose use is also wholly exempt from ad valorem taxation under Florida law. (D) Public housing is intended to relieve a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and avoid conditions which otherwise might necessitate the further expenditures of public funds. The existence of public housing is recognized as serving a public purpose and providing a public benefit. Therefore, it is fair and reasonable not to impose Fire Assessments upon Public Housing Property. (E) It is ascertained, determined and declared that It is in the best interest of the citizens of the City of Miami to assist very low income residential property owners with the financial burden created by the imposition of a Fire Assessment. Accordingly, the City elects to continue to assist residential property owners who qualify for Florida's Homestead Property Tax Deferral Program pursuant to Sections 197.242 through 197.253, Florida Statutes. All qualified applicants who receive such a Homestead Tax Deferral for the Fiscal Year in which the Fire Assessment Is being imposed shall have their Fire Assessment paid by the City from legally available funds other than those derived from the Fire Assessment proceeds. (F) Provided, however, any shortfall in the expected Fire Assessment proceeds due to any reduction or exemption from payment of the Fire Assessments required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds of funds derived from the Fire Assessments. It is the legislative determination of the City Commission that in the event a court of competent jurisdiction determines City of Mlaml Page 3 of 5 Printed On: 6/24/2005 Fire Number: 05-00810 any exemption or reduction by the City Commission is improper or otherwise adversely affects the validity of the Fire Assessment imposed for this Fiscal Year, the sole and exclusive remedy shall be the imposition of a Fire Assessment upon each affected Tax Parcel in the amount of the Fire Assessment that would have been otherwise Imposed save and except for such reduction or exemption afforded to such Tax Parcel by the City Commission. (G) The estimated Fire Assessments established in this Preliminary Rate Resolution shall be the estimated assessment rates applied by the City Manager in the preparation of the updated Assessment Roll for the Fiscal Year commencing October 1, 2005, as provided in Section 9 of this Preliminary Rate Resolution. Section 9. Annual Assessment Roll. (A) The City Manager is directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing October 1, 2005, in the manner provided in the Ordinance. The updated Assessment Roll shall include all Tax Parcels within the Property Use Categories. The City Manager shall apportion the estimated Fire Assessed Cost to be recovered through Fire Assessments in the manner set forth..in. this Preliminary Rate Resolution. A copy of this Preliminary Rate Resolution, the Ordinance, the.lnitial.Assessment Resolution, the Final Assessment'Resolution, and the updated Assessment Roll shall be maintained on file in the Office of the City Clerk and opened to public Inspection. The foregoing shall not be construed to require that the updated Assessment Roll proposed for the Fiscal Year beginning October 1, 2005, be in printed form if the amount of the Fire 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 Assessment for any Tax Parcel, the updated Assessment Roll shall include, pursuant to Section 19.5-20(B) of the Ordinance, an amount equivalent to any delinquent Fire Assessment Imposed for a prior fiscal year, together with any costs, fees or expenses attributable thereto. (C) It is ascertained, determined, and declared that the method of determining the Fire Assessments for fire services as set forth in the Initial Assessment Resolution, the Final Assessment Resolution and this Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Assessed Cost among parcels of Assessed Property located within the City. Section 10. Authorization of Public Hearing. There is established a public hearing to be held at 5:05 p.m. on September 8, 2005, in the City Commission Chambers of City Hall, 3500 Pan American Drive, Miami, Florida, at which time the City Commission will receive and consider any comments on the Fire Assessments from the public and affected property owners and consider Imposing Fire Assessments for the Fiscal Year beginning October 1, 2005, and collecting such assessments on the same bill as ad valorem taxes. Section 11. Notice by Publication. The City Manager shall publish a notice of the public hearing authorized by Section 10 of this Preliminary Rate Resolution in the manner and time provided in Section 19.5-10 of the Ordinance. The notice shall be published no later than August 19, 2005, In substantially the form attached hereto as "Appendix B." Section 12. Notice by Mail. City of Miami Page 4 of 3 Printed On: 6/24/2005 Hie Number. 05-00810 (A) Pursuant to Section 200.069(13)(a), Florida Statutes, and with agreement of the Property Appraiser, the City Commission elects to combine notice of the public hearing authorized by Section 10 hereof with the truth-in-millage notification required pursuant to Section 200.069, Florida Statutes. Such mailed notice shall be in the form required by Section 200.069(13)(a), Florida Statutes, and provide all of the Information required by the Uniform Assessment Collection Act and the Ordinance necessary to impose Fire Assessments for the Fiscal Year beginning October 1, 2005. (B) By August 10, 2005, 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 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 mall 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 19, 2005. Section 13. Application of Assessment Proceeds. Proceeds derived by the City from. the 'Fire.Assessments wili•be utilized for the provision of fire services, facilities, and programs, .in the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund fire services, facilities, and programs. Section 14. Effective Date. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. Section 15. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND COCTNESSe' JORG . FE' NANDE:Z CITY OR EY 2'ootnoton : (1) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date It was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective Immediately upon override of the veto by the City Commission. City of Miami Page 5 of S Printed On: 6/24/200S