HomeMy WebLinkAboutR-2006-128 Fire Assessment RESOLUTION NO. 2006-128
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND
PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING
THE "NOT TO EXCEED" ASSESSMENT RATE FOR FIRE RESCUE
ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006;
DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION
OF NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in July of 1996, the City of Dania Beach implemented a recurring annual
fire rescue special assessment program to provide a portion of the funding for the City's fire
rescue services and facilities with the adoption of Ordinance No. 10-96 and imposed fire rescue
assessments for Fiscal Year 1997-1998 with the adoption of Resolution Nos. 63-96 and 72-96;
and
WHEREAS, pursuant to Ordinance No. 10-96, the reimposition of fire rescue
assessments for Fiscal Year 2006-2007 requires certain processes such as the preparation of the
Assessment Roll; and
WHEREAS, annually a Preliminary Rate Resolution describing the method of assessing
fire rescue costs against assessed property located within the City, directing the preparation of an
assessment roll, authorizing a public hearing and directing the provision of notice thereof is
required by an ordinance, originally enacted as Ordinance No. 10-96 for the reimposition of the
fire rescue assessments; and
WHEREAS, the City Commission of the City of Dania Beach, Florida, deems it to be in
the best interest of the citizens and residents of the City of Dania Beach to adopt this Preliminary
Rate Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Authority. That this resolution is adopted pursuant to the provisions of the
Fire Rescue Assessment Ordinance (Ordinance No. 10-96), the Initial Assessment Resolution
(Resolution No. 63-96), the Final Assessment Resolution (Resolution No. 72-96), the Annual
Rate Resolution for Fiscal Year commencing October 1, 1997 (Resolution No. 130-97), and
Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law.
Section 2. Purpose and Definitions. That 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, 2006. 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:
(a) "Demand Percentage" means the percentage of demand for fire rescue services,
facilities, or programs attributable to each Property Use Category determined by analyzing the
historical demand for fire rescue services as reflected in the Fire Rescue Incident Reports in the
State Database under the methodology described in Section 6 of this Preliminary Rate
Resolution.
(b) "Emergency Medical Services" means those services recorded in Incident Reports that
assign a "type of situation found code" that begins with the numeral 3. The "type of situation
found codes" are attached hereto as Appendix A.
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(c) "Emergency Medical Services Cost" means the amount, other than first response
medical rescue services, determined by the City Commission that is associated with Emergency
Medical Services.
(d) "Fire Rescue Assessed Cost" means:
(1) the amount determined by the City Commission to be assessed in any
Fiscal Year to fund all or any portion of the cost of the provision of fire rescue services,
facilities, or programs which provide a special benefit to Assessed Property, and shall include,
but not be limited to, the following components: (A) the cost of physical construction,
reconstruction or completion of any required facility or improvement; (B) the costs incurred in
any required acquisition or purchase; (C) the cost of all labor, materials, machinery, and
equipment; (D) the cost of fuel, parts, supplies, maintenance, repairs, and utilities; (E) the cost of
computer services, data processing, and communications; (F) the cost of all lands and interest
therein, leases, property rights, easements, and franchises of any nature whatsoever; (G) the cost
of any indemnity or surety bonds and premiums for insurance; (H) the cost of salaries, volunteer
pay, workers' compensation insurance, or other employment benefits; (I) the cost of uniforms,
training, travel, and per diem; (J) the cost of construction plans and specifications, surveys and
estimates of costs; (K) the cost of engineering, financial, legal, and other professional services;
(L) the costs of compliance with any contracts or agreements entered into by the City to provide
fire rescue services; (M) all costs associated with the structure, implementation, collection, and
enforcement of the Fire Rescue Assessments, including any service charges of the Tax Collector,
or Property Appraiser and amounts necessary to off-set discounts received for early payment of
Fire Rescue Assessments pursuant to the Uniform Assessment Collection Act or for early
payment of Fire Rescue Assessments; (N) all other costs and expenses necessary or incidental to
the acquisition, provision, or construction of fire rescue services, facilities, or programs, and such
other expenses as may be necessary or incidental to any related financing authorized by the City
Commission by subsequent resolution; (0) a reasonable amount for contingency and anticipated
delinquencies and uncollectible Fire Rescue Assessments; and (P) reimbursement to the City or
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any other Person for any moneys advanced for any costs incurred by the City or such Person in
connection with any of the foregoing components of Fire Rescue Assessed Cost.
(2) In the event the City also imposes an impact fee upon new growth or
development for fire rescue related capital improvements, the Fire Rescue Assessed Cost shall
not include costs attributable to capital improvements necessitated by new growth or
development that will be paid by such impact fees.
(3) In no event shall the Fire Rescue Assessed Cost include any amount
attributable to the Emergency Medical Services Cost.
(e) "Fire Rescue Incident Reports" means those Incident Reports that do not record
Emergency Medical Services.
(f) "National Fire Rescue Incident Reports" means a guide of how property use codes and
other related information are categorized.
(g) "Recreational Vehicle Park" means (1) a place set aside and offered by a person, for
either direct or indirect remuneration of the owner, lessor, or operator of such place, for the
parking, accommodation, or rental of five or more recreational vehicles or tents; and (2) licensed
by the Department of Health of the State of Florida, or its successor in function as a"recreational
vehicle park" under Chapter 513,Florida Statutes, as may be amended from time-to-time.
Section 3. Provision and Funding of Fire Rescue Services. That 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.
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,
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• 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. That 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.
That it is hereby ascertained and declared that the Fire Rescue Assessed Cost provides a special
benefit to the Assessed Property based upon the following legislative determinations:
General
(A) Upon the adoption of this Preliminary Rate Resolution, determining the ,Fire
Rescue Assessed Costs and identifying the Assessed Property to be included in the Assessment
Roll, the legislative determinations of special benefit ascertained and declared in Section 1.04 of
the Ordinance are hereby ratified and confirmed, to the extent authorized by law.
(B) It is fair and reasonable to use the National Fire Rescue Incident Report Codes for
the Cost Apportionment and the Parcel Apportionment because: (1) the Call Volumes are
recorded according to the Property Use Code as defined in the National Fire Rescue Incident
Report (Appendix E). Utilizing them is the most comprehensive, accurate, and reliable
information readily available to determine the property use and Building Area for improved
property within the City, and (2) the Tax Roll database within such property use codes is
maintained by the Property Appraiser and is thus consistent with parcel designations on the Tax
Roll which compatibility permits the development of an Assessment Roll in conformity with the
requirements of the Uniform Method of Collection.
(C) The data available in the Improvement Codes is useful and accurate to determine
Building Area because the Improvement Codes represent records maintained by the Property
Appraiser with the most information relative to Building Area regardless of property use.
5 RESOLUTION#2006-128
• Cost Apportionment
(A) It is fair and reasonable and consistent with the decision from the Fourth District
Court of Appeal in the case of SMM Properties, Inc. v. City of North Lauderdale,760 So. 2d 998
(Fla. 4t' DCA 2000), review ram, SC 00-1555 (Fla. Sup. Ct.), to exclude from the Fire
Rescue Assessed Cost amounts determined to constitute the Emergency Medical Services Cost.
(B) Apportioning the Fire Rescue Assessed Cost among classifications of improved
property based upon historical demand for fire rescue services, but not Emergency Medical
Services, is fair and reasonable and proportional to the special benefit received.
(C) The Fire Rescue Incident Reports are the most reliable data available to determine
the potential demand for fire rescue services from property use and to determine the benefit to
property use resulting from the availability of fire rescue services to protect and serve Buildings
located within Assessed Property and their intended occupants. There exist sufficient Fire
Rescue Incident Reports documenting the historical demand for fire rescue services from
Assessed Property within the Property Use Categories. The Demand Percentage determined for
each Property Use Category by an examination of such Fire Rescue Incident Reports is
consistent with the experience of the City. Therefore, the use of Demand Percentages
determined by an examination of Fire Rescue Incident Reports is a fair and reasonable method to
apportion the Fire Rescue Assessed Costs among the Property Use Categories.
(D) The level of services required to meet anticipated demand for fire rescue services
and the corresponding annual fire rescue budget required to fund fire rescue services provided to
non-specific property uses would be required notwithstanding the occurrence of any incidents
from such non-specific property uses. Therefore, it is fair and reasonable to omit from the
Demand Percentage calculation the Fire Rescue Incident Reports documenting fire rescue
services provided to non-specific property uses.
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Residential Parcel Apportionment
(A) The size or the value of the Residential Property does not determine the scope of
the required fire rescue response. The potential demand for fire rescue services is driven by the
existence of a Dwelling Unit and the anticipated average occupant population.
(B) Apportioning the Fire Rescue Assessed Costs for fire rescue services attributable
to Residential Property on a per Dwelling Unit basis is required to avoid cost inefficiency and
unnecessary administration and is a fair and reasonable method of Parcel Apportionment based
upon historical call data, an average of immediate past three calendar years.
Non-Residential Parcel Apportionment
(A) The risk of loss and the demand for fire rescue service availability is substantially
the same for Buildings below a certain minimum size. Because the value and anticipated
occupancy of non-residential Buildings below a certain minimum size is less, it is fair,
reasonable and equitable to provide a lesser assessment burden on improved property containing
such Buildings by the creation of specific Building Area classification ranges for such parcels.
(B) The separation of improved Non-Residential Property into Building Area
classification ranges is fair and reasonable for the purposes of Parcel Apportionment because:
(1) the absence of a need for precise square footage data within the ad valorem tax records
maintained by the Property Appraiser undermines the use of actual Building Area within each
improved parcel as a basis for Parcel Apportionment; (2) the administrative expense and
complexity created by an on-site inspection to determine the actual Building Area within each
improved parcel assessed is impractical; (3) the demand for fire rescue service availability is not
precisely determined or measured by the actual Building Area within benefited parcels; and (4)
the classification of parcels within Building Area classification ranges is a fair and reasonable
method to classify benefited parcels and to apportion costs among benefited parcels that create
similar demand for the availability of fire rescue services.
(C) The demand for the availability of fire rescue services diminishes at the outer
limit of Building size because a fire occurring in a structure greater than a certain size is not
7 RESOLUTION#2006-128
• capable of being suppressed under expected conditions and the fire control activities under such
circumstances are directed to avoid the spread of the fire event to adjacent Buildings. Therefore,
it is fair and reasonable to place a cap on the Building Area classification of benefited parcels
within Non-Residential Property.
(D) Assembly Property, the use of which is exempt from ad valorem taxation under
Florida law, provides facilities and uses to the ownership, occupants and membership as well as
the public in general that otherwise might be requested or required to be provided by the City
and such property uses serve a legitimate public purpose and provide a public benefit.
Therefore, it is fair and reasonable not to impose Fire Rescue Assessments upon such parcels of
Assembly Property the use of which is wholly exempt from ad valorem taxation under Florida
law. Accordingly, no Fire Rescue Assessment shall be imposed upon a parcel of Assembly
Property which use is wholly exempt from ad valorem taxation under Florida law.
(E) It is fair and reasonable to assess "Hotels" and "Motels" under a separate
category. According to the NIFR Code, Hotels and Motels are classified as residential. Since
the category of Hotels and Motels provide more common area than other uses, it is fair to assess
this category based on square footage and its percentage demand use.
(F) It is fair and reasonable to assess "vacant property"by using acreage as there were
no structures existing on the properties.
(G) In accordance with Chapter 2002-241, Laws of Florida, which mandates that the
City treat Recreational Vehicle Park property as Commercial Property for non-ad valorem
special assessments levied by the City (such as this proposed Assessment), it is fair and
reasonable to treat each space within the Recreational Vehicle Parks as a Building of
Commercial Property and assign the minimum square footage of 1,200 square feet that is
mandated by the Department of Health under Chapter 64E-15.002(3), Florida Administrative
Code for Recreational Vehicle Park spaces and a square footage of 500 square feet for tent
spaces inside Recreational Vehicle Parks, also as mandated by Chapter 64E-15.002(3), Florida
Administrative Code.
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Section 6. Cost Apportionment Methodology. That utilizing data from the Fire Rescue
Incident Reports related to the type of calls and physical location of each call, the City assigned
fire rescue incidents within the City, to Property Use Categories.
Based upon such assignment of Fire Rescue Incident Reports to Property Use Categories,
the number of Fire Rescue Incident Reports filed within a sampling period were determined for
each Property Use Category. A Demand Percentage was then determined for each Property Use
Category by calculating the percentage that Fire Rescue Incident Reports allocated to each
Property Use Category bear to the total number of Fire Rescue Incident Reports documented for
all Property Use Categories within the sampling period.
The Demand Percentage for each Property Use Category was then applied to the Fire
Rescue Assessed Costs and the resulting product is the cost allocation of that portion of the Fire
Rescue Assessed Costs allocated to each individual Property Use Category.
Section 7. Parcel Apportionment Methodology. That the apportionment among Tax
Parcels of that portion of the Fire Rescue Assessed Cost apportioned to each Property Use
Category under the Cost Apportionment shall be consistent with the Parcel Apportionment
methodology described and determined in Appendix B, which Parcel Apportionment
methodology is hereby approved, adopted, and incorporated into this Preliminary Rate
Resolution by reference.
It is hereby acknowledged that the Parcel Apportionment methodology described and
determined in Appendix B is to be applied in the calculation of the estimated Fire Rescue
Assessment rates established in Section 8 of this Preliminary Rate Resolution.
Section 8. Determination of Fire Rescue Assessed Costs; Establishment of Annual
Fire Rescue Assessment Rates. That the Fire Rescue Assessed Cost to be assessed and
apportioned among benefited parcels pursuant to the Cost Apportionment and the Parcel
Apportionment for the Fiscal Year commencing October 1, 2006, is the amount determined in
the Estimated Fire Rescue Assessment Rate Schedule, attached hereto as Appendix C. The
approval of the Estimated Fire Rescue Assessment Rate Schedule by the adoption of this
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• Preliminary Rate Resolution determines the amount of the Fire Rescue Assessed Cost. 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.
The estimated Fire Rescue Assessments specified in the Estimated Fire Rescue
Assessment Rate Schedule are hereby established to fund the specified Fire Rescue Assessed
Cost determined to be assessed in the Fiscal Year commencing October 1, 2006. No portion of
such Fire Rescue Assessed Cost is attributable to impact fee revenue that funds capital
improvements necessitated by new growth or development. Further, no portion of such Fire
Rescue Assessed Cost is attributable to the Emergency Medical Services Cost.
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, 2006 as provided in
Section 9 of this Preliminary Rate Resolution.
® Section 9. Annual Assessment Roll. That the City Manager is hereby directed to
prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing
October 1, 2006, 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,
documentation related to the estimated amount of the Fire Rescue Assessed Cost to be recovered
through the imposition of Fire Rescue Assessments, 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, 2006 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.
10 RESOLUTION#2006-128
It is hereby ascertained, determined, and declared that the method of determining the Fire
Rescue Assessments for fire rescue services as set forth in 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 10. Authorization of Public Hearing. That there is hereby established a public
hearing to be held at 7:00 p.m. on September 14, 2006, in City Commission Chambers of City
Hall, 100 West Dania Beach Boulevard, Dania Beach, 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, 2006 and collecting such assessments on the same bill as ad
valorem taxes.
Section 11. Notice of Publication. That the City Clerk 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 2.04 of the Ordinance. The notice shall be published no later than
August 22, 2006,in substantially the form attached hereto as Appendix D.
Section 12. Notice by Mail. That the Director of Finance shall provide information on
the public hearing and the "not to exceed" rate to the Broward County Property Appraiser's
Office to be included in the TRIM (Truth in Millage) Notice to serve as first class notice as
required by the Ordinance no later than August 4, 2006.
Section 13. Application of Assessment Proceeds. That 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 14. Conflict. That all resolutions or parts of resolutions in conflict with this
. resolution are repealed to the extent of such conflict.
11 RESOLUTION#2006-128
Section 15. Severability. That If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part
or application, it shall not affect the validity of the remaining portions or applications of this
resolution.
Section 16. Effective Date. That this resolution shall be in force and take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED on July 26, 2006.
PATRICIA FLURY
MAYOR-COMMISSIONER
ATTEST:
CA-bix-1-Lclm--�nij
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND/,CORRECTNESS:
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BY:
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T1f0MAS YA RO
CITY ATTORNEY
12 RESOLUTION#2006-128
APPENDIX A
FIRE RESCUE INCIDENT REPORT
TYPE OF SITUATION FOUND CODES
FIRE RESCUE INCIDENT REPORT
TYPE OF SITUATION FOUND CODES
Situation
Found Description
10 Fire, Explosion; insufficient information to further
classify
11 Structure Fire
12 Outside of Structure Fire
13 Vehicle Fire
14 Trees,brush, grass fire
15 Refuse fire
16 Explosion, no after-fire
17 Outside spill, leak with ensuing fire
19 Fire, Explosion not classified above
20 Overpressure Rupture; insufficient information to
further classify
21 Steam rupture
22 Air, gas rupture
29 Other Overpressure Rupture
30 Rescue call; insuff info
31 Inhalator call
32 Emergency medical call
33 Lock-in
34 Search
35 Extrication
37 Water rescue
39 Rescue call - not classified above
40 Hazardous Condition, standby; insufficient
information to further classify
41 Spill, leak with no ignition
42 Explosive, bomb removal
43 Excessive heat
44 Power line down
45 Arcing, shorted electrical equipment
46 Aircraft standby
47 Chemical emergency
49 Hazardous Condition, Standby; not class
50 Service Call; insufficient information to further
13 RESOLUTION#2006-128
. classify
51 Lock-out
52 Water evacuation
53 Smoke, odor removal
54 Animal rescue
55 Assist police
56 Unauthorized burning
57 Cover assignment, standby at fire station, move-up
59 Service Call; not class above
60 Good Intent Call
61 Smoke scare
62 Wrong location
63 Controlled burning
64 Vicinity alarm
65 Steam, other gas mistaken for smoke
69 Good Intent Call not classified
70 False call; insufficient information to further classify
71 Malicious, mischievous false call
72 Bomb scare, no bomb
73 System malfunction
74 Unintentional
79 False call not classified above
99 Unclassified situation
14 RESOLUTION#2006-128
APPENDIX B
PARCEL APPORTIONMENT METHODOLOGY
The Cost Apportionment to each Property Use Category and to Mixed Use Property shall
be apportioned among the Tax Parcels within each Property Use Category and to Mixed Use
Property Tax Parcels as follows:
Section B-1. Residential Property. The Fire Rescue Assessment for each Tax Parcel
of Residential Property shall be computed by multiplying the Demand Percentage attributable to
Residential Property by the Fire Rescue Assessed Cost, dividing such product by the total
number of Dwelling Units shown on the Tax Roll within the City, and then multiplying such
quotient by the number of Dwelling Units located on such Tax Parcel.
Section B-2. Non-Residential Property. The Fire Rescue Assessments for each
Building of Non-Residential Property (except Medical Facility Property and Recreational
Vehicle Park property) shall be computed as follows:
(A) Respectively, multiply the Fire Rescue Assessed Costs by the Demand Percentage
attributable to each of the non-residential Property Use Categories. With the exception of
Medical Facility and Recreational Vehicle Park property, the resulting dollar amounts reflect the
portions of the City's fire rescue budget to be respectively funded from Fire Rescue Assessment
revenue derived from each of the non-residential Property Use Categories.
(B) Separate each Building in each of the non-residential Property Use Categories
into one of the following square footage categories:
(1) Buildings with a Building Area of less than 1,999 square feet;
(2) Buildings with a Building Area between 2,000 square feet and 3,499
square feet;
(3) Buildings with a Building Area between 3,500 square feet and 4,999
square feet;
(4) Buildings with a Building Area between 5,000 square feet and 9,999
square feet;
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(5) Buildings with a Building Area between 10,000 square feet and 19,999
square feet;
(6) Buildings with a Building Area between 20,000 square feet and 29,999
square feet;
(7) Buildings with a Building Area between 30,000 square feet and 39,999
square feet;
(8) Buildings with a Building Area between 40,000 square feet and 49,999
square feet; and
(9) Buildings with a Building Area of 50,000 square feet or greater.
(C) As to each non-residential Property Use Category (except Medical Facility
Property and Recreational Vehicle Park property) multiply the number of Buildings categorized
in:
(1) Subsection(B)(1) of this Section by 1,000 square feet;
(2) Subsection(B)(2) of this Section by 2,000 square feet;
(3) Subsection(B)(3) of this Section by 3,500 square feet;
(4) Subsection(B)(4) of this Section by 5,000 square feet;
(5) Subsection(B)(5) of this Section by 10,000 square feet;
(6) Subsection(B)(6) of this Section by 20,000 square feet;
(7) Subsection(B)(7) of this Section by 30,000 square feet;
(8) Subsection(B)(8) of this Section by 40,000 square feet; and
(9) Subsection(B)(9) of this Section by 50,000 square feet.
(D) For each non-residential Property Use Category, add the products of subsections
(C)(1) through (C)(9) of this Section. With the exception of Medical Facility Property and
Recreational Vehicle Park property, the sum of these products reflects an aggregate square
footage area for each non-residential Property Use Category to be used by the City in the
computation of Fire Rescue Assessments.
16 RESOLUTION#2006-128
r (E) With the exception of Medical Facility Property and Recreational Vehicle Park
property, divide the product of subsection (A) of this Section relative to each of the non-
residential Property Use Categories by the sum of the products for each non-residential Property
Use Category described in subsection (D) of this Section. The resulting quotient expresses a
dollar amount adjusted or weighted per square foot of improved area to be used in computing
Fire Rescue Assessments on each of the respective non-residential Property Use Categories
(except Medical Facility Property and Recreational Vehicle Park property).
(F) For each of the non-residential Property Use Categories (except Medical Facility
Property and Recreational Vehicle Park property), multiply the resulting quotients from
subsection (A) of this Section by each of the respective products in subsections (C)(1) through
(C)(9) of this Section. The resulting products for each non-residential Property Use Category
(except Medical Facility Property and Recreational Vehicle Park property), expresses a series of
gross dollar amounts expected to be funded by all Buildings in the respective non-residential
Property Use Categories in each of the square footage categories described in subsection (B) of
this Section.
(G) For each of the non-residential Property Use Categories (except Medical Facility
Property and Recreational Vehicle Park property), divide each of the respective products of
subsection (F) of this Section by the number of Buildings determined to be in each of the square
footage categories identified in subsection (B) of this Section. Except for Medical Facility
Property and Recreational Vehicle Park property, the result expresses the respective dollar
amounts of the Fire Rescue Assessments to be imposed upon each Building in each of the non-
residential Property Use Categories.
Section B-3. Medical Facility Property. The Fire Rescue Assessments for each Tax
Parcel of Medical Facility Property shall be computed as follows:
(A) For Medical Facility Property, assign the pre-determined dollar amounts of the
Fire Rescue Assessments. Said amount shall be the amount of the Fire Rescue Assessments
imposed upon each Tax Parcel of Medical Facility Property.
17 RESOLUTION#2006-128
(B) Multiply the amount directed to be imposed as fire Rescue Assessments on
Medical Facility Property in subsection (A) of this Section by the number of Tax Parcels
determined to be in each of the square footage category ranges related to Medical Facility
Property in subsection (C)(1) through (C)(9) of Section D-2. The sum of the resulting products
represents the aggregate revenue to be derived from Fire Rescue Assessments imposed upon
Medical Facility Property.
(C) The remaining portion of the fire assessments attributable to Medical Facility
Property, that are not imposed on Medical Facility Property, shall be funded from available City
revenue other than Fire Rescue Assessment proceeds.
Section B-4. Recreational Vehicle Parks. Notwithstanding the procedure in Section
B-2 for Non-Residential Property, the Fire Rescue Assessments for each Tax Parcel of
Recreational Vehicle Park property shall be computed as follows:
(A) Aggregate the amount of square footage for each Tax Parcel of Recreational
Vehicle Park, with recreational vehicle park spaces at 1,200 square feet each and tent spaces at
500 square feet each.
(B) Assign the respective dollar amount of the Fire Rescue Assessments determined
in Section B-3 of this Appendix for Commercial Property to the comparable aggregated square
footage category ranges of Recreational Vehicle Park property as calculated in paragraph (A)
above. Any aggregated square footage Tax Parcel of Recreational Vehicle Park property that
exceeds 50,000 square feet shall be assigned the commercial dollar amount for 50,000 square
feet.
Section B-5. Mixed Use Property. The Fire Rescue Assessments for each Tax Parcel
classified in two or more Property Use Categories shall be the sum of the Fire Rescue
Assessments computed for each Property Use Category.
Section B-6 Vacant Property. The Fire Rescue Assessment for each Tax Parcel of
Vacant Property shall be computed by multiplying the Demand Percentage attributable to Vacant
18 RESOLUTION#2006-128
Property by the Fire Rescue Assessed Cost, dividing such product by the number of acreage
shown as vacant property on the Tax Roll within the City.
•
19 RESOLUTION#2006-128
APPENDIX C
ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE
Section C-1. Determination Of The Fire Rescue Assessed Cost. The estimated Fire
Rescue Assessed Cost to be assessed for the Fiscal Year commencing October 1, 2006, is
$2,439,825
Section C-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, 2006, are hereby established as follows for the
purpose of this Preliminary Rate Resolution:
RESIDENTIAL Rate Per Dwelling Unit
PROPERTY
USE
CATEGORIES
Residential $95.55
NON- Vacant Per
RESIDENTIAL Acreage $31
PROPERTY
USE Building
CATEGORIES classification
(in square Industrial/ Hotel/
footage range) Commercial Assembly Warehouse Educational Motels Medical
< 1,999 $218 $561 $37 $191 $217 $874
2,000-3,499 $437 $1,122 $73 $381 $435 $1,747
3,500-4,999 $764 $1,964 $128 $668 $760 $3,057
5,000-9,999 $1,092 $2,806 $183 $954 $1,086 $4,368
10,000- 19,999 $2,184 $5,612 $366 $1,907 $2,173 $8,735
20,000-29,999 $4,368 $11,225 $732 $3,814 $4,346 $17,470
30,000-39,999 $6,551 $16,837 $1,097 $5,722F$6,518 $26,206
40,000-49,999 $8,735 $22,449 $1,463 $7,629 $34,941
>50,000 $10,919 $28,062 $1,829 $9,536 $43,676
20 RESOLUTION#2006-128
APPENDIX D
FORM OF NOTICE TO BE PUBLISHED
To Be Published by August 22, 2006
INSERT MAP OF CITY SHOWING CITY AND ANNEXED
AREA. MAP NEEDS TO REFLECT THAT FIRE RESCUE
ASSESSMENTS AND STORMWATER ASSESSMENTS ARE
BEING IMPOSED ON PROPERTY CITY-WIDE, WHILE
SOLID WASTE SPECIAL ASSESSMENTS ARE BEING
IMPOSED ONLY ON RESIDENTIAL PROPERTY WITHIN
THE SOLID WASTE ASSESSMENT AREA.
NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR
COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS,
STORMWATER ASSESSMENTS, AND
SOLID WASTE SERVICE SPECIAL ASSESSMENTS
FIRE RESCUE SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Dania Beach will conduct
a public hearing to consider reimposing fire rescue assessments for the provision of fire rescue
services within the City of Dania Beach for the Fiscal Year beginning October 1, 2006.
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.
21 RESOLUTION#2006-128
4J�SIDENTIAL Rate Per Dwelling Unit
PROPERTY USE
CATEGORIES
Residential $95.55
NON- Vacant Per
RESIDENTIAL Acreage $31
PROPERTY USE
CATEGORIES
Building
classification (in
square footage Industrial/ Hotel/
range) Commercial Assembly Warehouse Educational Motels Medical
< 1,999 $218 $561 $37 $191 $217 $874
2,000-3,499 $437 $1,122 $73 $381 $435 $1,747
3,500-4,999 $764 $1,964 $128 $668 $760 $3,057
5,000-9,999 $1,092 $2,806 $183 $954 $1,086 $4,368
10,000- 19,999 $2,184 $5,612 $366 $1,907 $2,173 $8,735
20,000-29,999 $4,368 $11,225 $732 $3,814 $4,346 $17,470
30,000-39,999 $6,551 $16,837 $1,097 $5,722 $6,518 $26,206
40,000-49,999 $8,735 $22,449 $1,463 $7,629 $8,691 $34,941
>50,000 $10,919 $28,062 $1,829 $9,536 $10,864 $43,676
Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 10-96), the Initial Assessment
Resolution (Resolution No. 63-96), Resolution No. 110-97, the Final Assessment Resolution
(Resolution No. 72-96), the Preliminary Rate Resolution initiating the annual process of updating the
Assessment Roll and reimposing the Fire Rescue Assessments, documentation related to the
estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition of Fire
Rescue Assessments, and the updated Assessment Roll for the upcoming fiscal year are available for
inspection at the City Clerk's office.
If you have any questions, please contact the City's Department of Finance at (954)924-
3672, Monday through Friday between 9:00 a.m. and 4:00 p.m.
STORMWATER SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Dania Beach will conduct
a public hearing to consider reimposition of stormwater assessments for the provision of
stormwater management services within the City of Dania Beach for the Fiscal Year beginning
October 1, 2006.
22 RESOLUTION#2006-128
The stormwater assessments are based on two components — the impervious area of the
property and the percentage of impervious area as compared to the median single family home.
Both variables are required to determine the appropriate amount of stormwater runoff generated
by impervious surface on each parcel of property. Impervious surfaces include the roof top,
patios, driveways, parking lots and similar areas. The City has determined that the median
single-family residence in the City includes 1,720 square feet of impervious surface on a median
lot size of 6,500 square feet, which is defined as one "equivalent residential unit" or "ERU" and
has an impervious factor of 0.26. The annual stormwater assessment rate for the upcoming fiscal
year will be $23.00 for each ERU. Since verifying the impervious surface for each single-family
residence in the City is a practical impossibility, all single-family residences have been assigned
one ERU. Mobile homes on owner occupied lots in trailer parks have been assigned one-half
ERU. All other properties have been calculated individually as follows:
s For condominiums, the total impervious area (TIA) is calculated for the condominium
community, including parking and association property. The total area (TA)
encompassed by the development is determined as follows:
((TIA/1720) x (TIA/(0.26 x TA))/number of units in complex.
• While vacant property has no impervious area, it may still contribute to the City's
stormwater system, so the assessment is based on the total area (TA). As a result, vacant
property assessments are calculated without the operating component as follows: 0.2 x
TA/6500.
9 For mobile home parks, the typical mobile home, drive, pad and ancillary activities
constitute 1300 square feet. Therefore the total impervious area (TIA) for mobile home
parks was determined by multiplying the number of potential mobile homes by 1300.
The formula is: (1300 x No of MHs/1720) x (TIA/(0.26 x TA)
• For all other property uses the total impervious area (TIA) is calculated for the property,
including parking. The total area (TA) encompassed by the development is also
calculated. The assessment is determined as follows: (TIA/1720) x (TIA/(0.26 x TA)
A new credit system has been developed for those properties that retain stormwater on
site. The policy grants an eighty (80) percent credit to those properties. Properties that cannot
benefit in anyway from the City's stormwater program are granted 100 percent credits.
Copies of the Stormwater Utility Ordinance (Ordinance No. 13-96), the Initial
Stormwater Assessment Resolution (Resolution No. 73-96), the Final Stormwater Assessment
Resolution (Resolution No. 73-96, as amended by Resolution No. 103-96 and Resolution 116-
23 RESOLUTION#2006-128
96), the Preliminary Rate Resolution initiating the annual process of updating the Assessment
Roll and reimposing the Stormwater Assessments, the proposed amendments to the Stormwater
Ordinance and the updated Stormwater Assessment Roll for the upcoming fiscal year are
available for inspection at the City Clerk's office.
If you have any questions, please contact the City's Department of Finance at
(954)924-3672 between 9:00 a.m. and 4:00 p.m.
SOLID WASTE SERVICE ASSESSMENTS
Notice is hereby given that the City Commission of the City of Dania Beach will conduct
a public hearing to consider reimposing solid waste service assessments for the Fiscal Year
beginning October 1, 2006, against certain improved residential properties located within those
incorporated areas of the City of Dania Beach annexed pursuant to Chapter 90-483, Laws of
Florida, and Chapter 2000-474, Laws of Florida (referred to as the "Solid Waste Assessment
Area"), or any other incorporated area served by water and sewer service providers other than the
City, to fund the cost of solid waste collection and disposal services and programs provided to
such properties and to authorize collection of such assessments on the tax bill.
The solid waste service assessments will be computed by multiplying the number of
dwelling units on each parcel by the rate of assessment. The rate of assessment for the upcoming
fiscal year shall be $240.12. Unimproved properties, mobile home parks, apartments with four
or more dwelling units, condominiums, or commercial properties are not subject to the solid
waste service assessment.
Copies of the Solid Waste Service Assessment Ordinance (Ordinance No. 9-96), the
Initial Assessment Resolution (Resolution No. 64-96), the Final Assessment Resolution
(Resolution No. 71-96), the Preliminary Rate Resolution initiating the annual process of updating
the Assessment Roll and reimposing the Solid Waste Service Assessments, and the updated
Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's
office.
If you have any questions, please contact the City's Department of Finance at
(954)924-3672, Monday through Friday between 9:00 a.m. and 4:00 p.m.
The above special assessments will be collected on the ad valorem tax bill to be mailed in
November 2006, 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 (ownership) of one's real property. These special assessment programs proved to be
successful last year in fairly and efficiently providing a much needed alternative funding and
collection approach for these vital and essential services.
24 RESOLUTION#2006-128
A PUBLIC HEARING WILL BE HELD AT 7:00 P.M. ON SEPTEMBER 14, 2006, IN
THE CITY COMMISSION CHAMBERS OF CITY HALL, 100 WEST DANIA BEACH
BOULEVARD, DANIA BEACH, FLORIDA, FOR THE PURPOSE OF RECEIVING PUBLIC
COMMENT ON ALL OF 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's office at (954)924-3622, at least two days prior to
the date of the hearing.
CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA
25 RESOLUTION#2006-128
APPENDIX E
NATIONAL FIRE RESCUE INCIDENT REPORTS
PROPERTY USE CODES
Assembly
111 Bowling alley 210 Schools,non-adult, other
112 Billiard center,pool hall 241 Adult education center,college classroom
113 Electronic amusement center 254 Day care,in commercial property
114 Ice rink: indoor,outdoor 255 Day care,in residence,licensed
115 Roller rink: indoor, outdoor 256 Day care in residence,unlicensed
116 Swimming facility: indoor or outdoor 200 Educational, other
110 Fixed use recreation places,other
121 Ballroom, gymnasium Health Care,Detention&Correction
122 Convention center, exhibition hall 311 24-hr.care Nursing homes,4 or more
123 Stadium arena persons
124 Playground 321 Mental retardation/development
129 Amusement center: indoor/outdoor disability facility
120 Variable use amusement,recreation places 322 Alcohol or substance abuse recovery
131 Church,mosque, synagogue,temple,chapel center
134 Funeral parlor 323 Asylum,mental institution
130 Places of worship,funeral parlors 331 Hospital-medical or psychiatric
141 Athletic/health club 332 Hospices
142 Clubhouse 341 Clinic, clinic-type infirmary
143 Yacht Club 342 Doctor, dentist or oral surgeon's office
144 Casino,gambling clubs 343 Hemodialysis unit
140 Clubs, other 340 Clinics,Doctors,offices,other
151 Library 361 Jail,prison(not juvenile)
152 Museum 363 Reformatory,juvenile detention center
154 Memorial structure,including monuments 365 Police Station
155 Courthouse 300 Health care,detention&correction other
150 Public or government,other
161 Restaurant or cafeteria Residential
162 Bar or nightclub 419 1 or 2 family dwelling
160 Eating,drinking places 429 Multifamily dwellings
171 Airport passenger terminal 439 Boarding/rooming house,residential hotel
173 Bus station 449 Hotel/motel, commercial
174 Rapid transit station 459 Residential board and care
170 Passenger terminal,other 462 Sorority house,fraternity house
181 Live performance theatre 464 Barracks, dormitory
182 Auditorium or concert hall 460 Dormitory type residence, other
183 Movie theatre 400 Residential, other
185 Radio,television studio
186 Film/movie production studio Mercantile,Business
180 Studio/theatre,other 511 Convenience store
100 Assembly,Other 519 Food&beverage sales, grocery store
529 Textile, wearing apparel sales
Educational 539 Household goods, sales,repairs
211 Preschool 549 Specialty shop
26 RESOLUTION#2006-128
213 Elementary school, including kindergarten 557 Personal service,including barber
215 High school/junior high school/middle school 559 Recreational,hobby,home repair sales
564 Laundry, dry cleaning 881 Parking garage(detached residential)
569 Professional supplies, services 882 Parking garage,general vehicle
571 Services station, gas station 888 Fire station
579 Motor vehicle or boat sales, services,repair 891 Warehouse
580 General retail, other 899 Residential or self storage units
581 Department or discount store 898 Dock,marina,pier, wharf
592 Bank 800 Storage, other
593 Office: veterinary or research
596 Post office or mailing firms Outside or Special Property
599 Business Office 919 Dump,sanitary landfill
500 Mercantile,business, other 921 Bridge,trestle
922 Tunnel
Industrial,Utility,Defense,Agriculture, 926 Outbuilding,protective shelter
610 Energy production,plant, other 931 Open land or field
614 Steam or heat generating plant 935 Campsite with utilities
615 Electric generating plant 936 Vacant lot
629 Laboratory or science laboratory 937 Beach
631 Defense,military installation 938 Graded and cared-for plots of land
635 Computer center 941 Open ocean, sea or tidal waters
639 Communications center 946 Lake,river, stream
640 Utility or Distribution system, other 940 Water area, other
642 Electrical distribution 951 Railroad right of way
644 Gas distribution,pipeline, gas distribution 952 Railroad yard
645 Flammable liquid distribution,pipeline, 961 Highway or divided highway
647 Water utility 962 Residential street,road or driveway
648 Sanitation utility 963 street or road in commercial area
655 Crops or orchard 965 Vehicle parking area
659 Livestock production 960 Street, other
669 Forest,timberland,woodland 972 Aircraft runway
679 Mine or quarry 973 Aircraft taxi-way
600 Utility, defense, agriculture,mining,other 974 Aircraft loading area
981 Construction site
Manufacturing,processing 982 Oil or gas field
700 Manufacturing,processing 983 Pipeline,power line or other utility right
of way
Storage 984 Industrial plant yard-area
807 Outside material storage area 900 Outside or special property, other
808 Outbuilding or shed
816 Grain elevator, silo 000 Property Use, other
819 Livestock,poultry storage NNN No Property Use
839 Refrigerated storage UUU Property Use Undetermined
849 Outside storage tank
880 Vehicle storage, other
27 RESOLUTION#2006-128