HomeMy WebLinkAboutR-06-0543City of Miami
Legislation
Resolution: R-06-0543
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01564 Final Action Date: 9/12/2006
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; IMPOSING FIRE ASSESSMENTS
AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2006; APPROVING THE RATE OF
ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission enacted Ordinance No. 11584 ("Ordinance"), which amended
the Code of the City of Miami, Florida ("City Code"), by adding new Chapter 19.5, entitled "Fire
Assessment," which authorizes the imposition of Fire Assessments for fire services, facilities, and
programs against Assessed Property located within the City of Miami ("City"); and
WHEREAS, Section 3 of Ordinance No. 11584 provided that "[i]f any section, part of section,
paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of
this Ordinance shall not be affected;" and
WHEREAS, the Florida Supreme Court in City of North Lauderdale v. S.M.M. Properties, Inc., 825
So.2d 343 (FIa.2002) invalidated an assessment for emergency medical services finding that the
provision of emergency medical services does not confer a special benefit on property; and
WHEREAS, this assessment for the fiscal year beginning October 1, 2006 is strictly for fire
suppression services, facilities, and programs and does not include an imposition for emergency
medical services; and
WHEREAS, the imposition of a Fire Assessment for fire suppression services, facilities, and
programs each fiscal year is an equitable and efficient method of allocating and apportioning Fire
Assessed Costs among parcels of Assessed Property; and
WHEREAS, the City Commission desires to impose a fire assessment program within the City
using the tax bill collection method for Fiscal Year beginning on October 1, 2006; and
WHEREAS, the City Commission adopted Resolution No. 06-0431 on July 13, 2006, (hereinafter
the "Preliminary Rate Resolution"), containing and referencing a brief and general description of the
fire facilities and services to be provided to Assessed Property, describing the method of apportioning
the Fire Assessed Cost to compute the Fire Assessment for fire services, facilities, and programs
against Assessed Property, estimating a rate of assessment, and directing the updating and
preparation of the Assessment Roll, provision of published notice required by the Ordinance and
mailed notice if circumstances described in Section 19.5-10 of the City Code so required; and
WHEREAS, pursuant to the provisions of Section 19.5-12 of the City Code, the City is required to
confirm or repeal the Preliminary Assessment Resolution, with such amendments as the City
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File Number: 06-01564 Enactment Number: R-06-0543
Commission deems appropriate, after hearing comments and objections of all interested parties; and
WHEREAS, the updated Assessment Roll has heretofore been made available for inspection by
the public, as required by Section 19.5-9 of the City 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 City Code, which provides notice to all interested persons of
an opportunity to be heard, with an affidavit regarding the proof of publication being attached hereto
as "Appendix A;" and
WHEREAS, a public hearing was held on September 12, 2006, 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 City Code;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals contained in the Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. This Resolution is adopted pursuant to Chapter 19.5 of the Code of the City of Miami,
Florida, as amended (the "Code"), the Preliminary Assessment Resolution, Sections 166.021 and
166.041, Florida Statutes and other applicable provisions of law.
Section 3. This Resolution constitutes the Annual Rate Resolution as defined in Chapter 19.5 of
the Code. All capitalized terms in this Resolution shall have the meanings defined in Chapter 19.5 of
the Code and, the Initial Assessment Resolution (Resolution No. 98-325), and the Preliminary Rate
Resolution (Resolution No. 06-0431).
Section 4. (A) The parcels of Assessed Property described in the Assessment Roll, as updated,
which is approved, are found to be specially benefited by the provision of the fire services, facilities,
and programs described or referenced in the Preliminary Rate Resolution, in the amount of the Fire
Assessment set forth in the updated Assessment Roll, a copy of which was present or available for
inspection at the above referenced public hearing and is incorporated herein by reference. It is
ascertained, determined and declared that each parcel of Assessed Property within the City will be
specially benefited by the City's provision of fire services, facilities, and programs in an amount not
less than the Fire Assessment for such parcel, computed in the manner set forth in the Preliminary
Rate Resolution. Adoption of this Annual Rate Resolution constitutes a legislative determination that
all parcels assessed derive a special benefit, as set forth in Chapter 19.5 of the City Code in a
manner consistent with the legislative declarations, determinations and findings as set forth in the
Ordinance, the Initial Assessment Resolution, and the Preliminary Rate Resolution from the fire
services, facilities, or programs to be provided and a legislative determination that the Fire
Assessments are fairly and reasonably apportioned among the properties that receive the special
benefit as set forth in the Preliminary Rate Resolution.
(B) The method for computing Fire Assessments described or referenced in the
Preliminary Rate Resolution is approved.
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(C) For Fiscal Year beginning October 1, 2006, the estimated Fire Assessed Cost to be
assessed is $7,805,798. The Fire Assessments to be assessed and apportioned among benefited
parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire
Assessed Cost for the Fiscal Year commencing October 1, 2006, are established according to the
table attached as "Exhibit A."
The above rates of assessment are approved. Fire Assessments for fire services,
facilities, and programs in the amounts set forth in the updated Assessment Roll, as herein approved,
are levied and imposed on all parcels of Assessed Property described in such Assessment Roll for
Fiscal Year beginning October 1, 2006.
(D) As authorized in Section 19.5-19 of the City Code, interim Fire Assessments are
also levied and imposed against all property for which a Certificate of Occupancy is issued after
adoption of this Resolution based upon the rates of assessment approved herein.
(E) Fire Assessments shall constitute a lien upon the Assessed Property equal in rank
and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem
assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other
liens, titles and claims, until paid.
(F) The Assessment Roll, as herein approved, together with the correction of any
errors or omissions as provided for in the Ordinance, shall be delivered to the Tax Collector for
collection using the tax bill collection method in the manner prescribed by the Ordinance. The
Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non -Ad
Valorem Assessment Roll in substantially the form attached hereto as "Appendix B."
Section 5. The Preliminary Rate Resolution is hereby confirmed.
Section 6. 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 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 7. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Footnotes:
{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.
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