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HomeMy WebLinkAboutR-2000-109 • CITY OF DANIA BEACH, FLORIDA RESOLUTION NO. 2000-109 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 ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 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 2000-2001 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 Ordinance No. 10-96 for the reimposition of the fire rescue assessments; and WHEREAS, the Fourth District Court of Appeal on June 14, 2000 rendered an • opinion in the case of SMM Properties Inc. v. City of North Lauderdale, Case No. 4D98- RESOLUTION NO. 2000-109 1 • 3525, stating that emergency medical services do not provide the requisite special benefit to property; and WHEREAS, the Fourth District Court of Appeal in SMM Properties, Inc. v. City of North Lauderdale, reaffirmed that fire suppression, fire prevention, fire/building inspections, and first response medical rescue services provide a special benefit to property; and WHEREAS, in developing the Fire Rescue Assessed Cost, the City has removed the Emergency Medical Services Cost, as that term is further defined herein, from the Fire Rescue Assessment, in order to comply with the ruling in SMM Properties, Inc. v. City of North Lauderdale, Case No. 4D98-3525 (Fla. 4th DCA June 14, 2000); and WHEREAS, the remaining Fire Rescue Assessed Cost is that which the Fourth District Court of Appeal held in SMM Properties, Inc. v. City of North Lauderdale, Case • No. 4D98-3525 (Fla. 41h DCA June 14, 2000), provides a special benefit to property; 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. 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), the Annual Rate Resolution for Fiscal Year commencing October 1, 1998 (Resolution No. 136-98), the Annual Rate Resolution for Fiscal Year commencing October 1, 1999 (Resolution No. 164-99), sections 166.021 . and 166.041, Florida Statutes, and other applicable provisions of law. RESOLUTION NO. 2000-109 2 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 Fiscal Year beginning October 1, 2000. 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: "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. , 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. "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. "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, RESOLUTION NO. 2000-109 3 • 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; (1) 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 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. RESOLUTION NO. 2000-109 4 • (3) . In no event shall the Fire Rescue Assessed Cost include any amount attributable to the Emergency Medical Services Cost. "Fire Rescue Incident Reports" means those Incident Reports that do not record Emergency Medical Services. 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 benefited 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 all Tax Parcels within the Property Use Categories. Fire Rescue Assessments shall be computed in the manner set forth in this Preliminary Rate Resolution. SECTIONS. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. 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. • RESOLUTION NO. 2000-109 5 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 Improvement Codes and the DOR Codes for the Cost Apportionment and the Parcel Apportionment because: (1) the Tax Roll database employing the use of such property use codes 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 more useful and accurate to determine Building Area than relying exclusively upon the data maintained in the DOR Code alone because (1) the data maintained in the Improvement Codes reveals the existence of a Building with a different use than the use described on the DOR Code, and (2) the Improvement Codes represent records maintained by the Property Appraiser with the most information relative to Building Area regardless of property use. • RESOLUTION NO. 2000-109 6 • cost apportionment (D) 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, Case No. 4D98-3525 (Fla. 4th DCA June 14, 2000), to exclude from the Fire Rescue Assessed Cost amounts determined to constitute the Emergency Medical Services Cost. (E) 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. (F) 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. (G) As a result of the urbanized character of the City, the suppression of fire on vacant property primarily benefits the Buildings within the adjacent improved property by the containment of the spread of fire rather than the preservation of the vacant property. Therefore, it is fair and reasonable not to apportion any of the Fire • Rescue Assessed Cost to vacant property and the Fire Rescue Incident Reports RESOLUTION NO. 2000-109 7 documenting historical fire services provided to vacant property were thus omitted from the Demand Percentage calculation. (H) 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. residential parcel apportionment (1) 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. (J) 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. non-residential parcel apportionment (K) 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. RESOLUTION NO. 2000-109 8 (L) 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 benefitted parcels; and (4) the classification of parcels within Building Area classification ranges is a fair and reasonable method to classify benefitted parcels and to apportion costs among benefitted parcels that create similar demand for the availability of fire rescue services. (M) 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 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 benefitted parcels within Non-Residential Property. (N) Institutional Property whose use is exempt from ad valorem taxation under Florida law 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 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 Institutional Property whose use is wholly exempt from ad valorem taxation under Florida law. Accordingly, no Fire Rescue Assessment shall be imposed RESOLUTION NO. 2000-109 9 upon a parcel of Institutional Property whose use is wholly exempt from ad valorem taxation under Florida law. (0) It is fair and reasonable to impose a Fire Rescue Assessment against Nursing Home Property within the Building Area classifications established for Commercial Property notwithstanding the Demand Percentage determined for Nursing Home Property. SECTION 6. COST APPORTIONMENT METHODOLOGY. (A) 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. (B) 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. (C) 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. (A) 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 A, which Parcel Apportionment methodology is RESOLUTION NO. 2000-109 10 ® hereby approved, adopted, and incorporated into this Preliminary Rate Resolution by reference. (B) 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. (A) 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, 2000, 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 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. (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 Cost determined to be assessed in the Fiscal Year commencing October 1, 2000. 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. (C) The estimated Fire Rescue Assessments established in this Preliminary Rate Resolution shall be the estimated assessment rates applied by the City Manager RESOLUTION NO. 2000-109 11 ® in the preparation of the updated Assessment Roll for the Fiscal Year commencing .October 1, 2000 as provided in Section 9 of this Preliminary Rate Resolution. SECTION 9. 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, 2000, 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, 2000 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) 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. There is hereby established a public hearing to be held at 7:30 p.m. on August 22, 2000, 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 RESOLUTION NO. 2000-109 12 • the Fire Rescue Assessments from the public and affected property owners and consider imposing Fire Rescue Assessments for the Fiscal Year beginning October 1, 2000 and collecting such assessments on the same bill as ad valorem taxes. SECTION 11. NOTICE BY PUBLICATION. The City Clerk 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 2.04 of the Ordinance. The notice shall be published no later than August 1, 2000, in substantially the form attached hereto as Appendix D. SECTION 12. NOTICE BY MAIL. The City Clerk shall also provide notice by first class mail to the Owner of each parcel of Assessed Property, in the event circumstances described in Section 2.08(F) of the Ordinance so require. Such notice shall be in substantially the form attached hereto as Appendix E. Such notices shall be • mailed no later than August 1, 2000. SECTION 13. 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 14. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 15. SEVERABILITY. 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. • RESOLUTION NO. 2000-109 13 • SECTION 16. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 25th day of July, 2000. C.K. M ELYE, MAYOR - COMMISSIONER ATTEST: ROLL CALL: /-/W, MAYOR McELYEA -YES VICE-MAYOR BERTINO- YES SHERYL tHAPMAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY: ` (\— THOMAS1J. ANSBRO CITY ATTORNEY RESOLUTION NO. 2000-109 14 APPENDIX A FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES • • RESOLUTION NO. 2000-109 15 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 A-1 further 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 A-2 • APPENDIX B PARCEL APPORTIONMENT METHODOLOGY 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 Nursing Home 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 Nursing Home 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; I • (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; (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 Nursing Home 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 Nursing Home 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. (E) With the exception of Nursing Home 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 Nursing Home Property). (F) For each of the non-residential Property Use Categories (except Nursing Home 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 Nursing Home 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 Nursing Home 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 Nursing Home 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. NURSING HOME PROPERTY. The Fire Rescue Assessments for each Tax Parcel of Nursing Home Property shall be computed as follows: (A) For Nursing Home Property, assign the respective dollar amounts of the Fire Rescue Assessments determined in Section D-2 of this Appendix for Commercial Property to the comparable square footage category ranges of Nursing Home Property. Said amount shall be the amount of the Fire Rescue Assessments imposed upon each Tax Parcel of Nursing Home Property. (B) Multiply the amount directed to be imposed as fire Rescue Assessments on Nursing Home 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 Nursing Home Property in subsection (B)(1) through (B)(9) of Section D-2. The sum of the resulting products represents the aggregate revenue to be derived from Fire Rescue Assessments imposed upon Nursing Home Property. (C) The remaining portion of the City's fire rescue budget otherwise attributable to Nursing Home Property, and not funded through Fire Rescue Assessments imposed on Nursing Home Property, shall be funded from available City revenue other than Fire Rescue Assessment proceeds. SECTION B-4. 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. APPENDIX C ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE 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, 2000, is $1,811,886. 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, 2000, are hereby established as follows for the purpose of this Preliminary Rate Resolution: RESIDENTIAL Rate Per PROPERTY USE Dwelling CATEGORIES Unit Residential $81 NON-RESIDENTIAL Building PROPERTY USE Classification (in Industrial/ Nursing CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $293 $73 $140 $293 2,000 3,499 $587 $146 $ 280 $587 3,500 -4,999 $1,027 $255 $489 $1,027 5,000 -9,999 $1,467 $364 $699 $1,467 10,000 - 19,999 $2,933 $729 1,3981 $2,933 0,000 -29,999 $5,866 $1,457 $2,797 $5,866 30,000 -39,999 $8,799 $2,186 $4,195 $8,799 0,000 -49,999 $11,732 $2,914 $5,594 $11,732 > 50,000 $14,665 $3,643 $6,992 $14,665 C-1 • APPENDIX D FORM OF NOTICE TO BE PUBLISHED • APPENDIX D FORM OF NOTICE TO BE PUBLISHED To Be Published by August 1, 2000 [INSERT MAP OF CITY SHOWING CITY AND ANNEXED AREA. MAP NEEDS TO REFLECT THAT FIRE RESCUE ASSESSMENTS AND STORMWATER ASSESSMENTS ARE BEING IMPOSED ON IMPROVED PROPERTY CITY- WIDE, WHILE SOLID WASTE SPECIAL ASSESSMENTS ARE BEING IMPOSED ONLY ON RESIDENTIAL PROPERTY WITHIN THE GRIFFIN ROAD ANNEXED 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, 2000. 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. D-1 RESIDENTIAL Rate Per PROPERTY USE Dwelling CATEGORIES Unit Residential. $81 NON-RESIDENTIAL Building PROPERTY USE Classification (in Industrial/ Nursing CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $293 $73 $140 $293 000 -3,499 $587 $146 $ 280 $587 3,500 -4,999 $1,027 $255 $489 $1,027 5,000 - 9,999 $1,467 $364 $699 $1,467 10,000- 19,999 $2,933 $729 $1,398 $2,933 0,000 -29,999 $5,866 $1,457 $2,797 $5,866 30,000 - 39,999 $8,799 $2,186 $4,195 $81799 0,000 -49,999 $11,732 $2,914 $5,594 $11,732 > 50,000 $14,665 $3,643 $6,992 $14,665 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 Special Assessment Department at (954)924-3662, 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 reimposing stormwater assessments for the provision of stormwater management services within the City of Dania Beach for the Fiscal Year beginning October 1, 2000. The stormwater assessments are based upon the estimated 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 D-2 • • includes 1,836 square feet of impervious surface, which is defined as one "equivalent stormwater unit" or "ESU". The annual stormwater assessment rate for the upcoming fiscal year will be $20.00 for each ESU. Generally, the number of ESUs will be calculated individually for each parcel of property by dividing the impervious surface area by 1,836. However, since verifying the impervious surface for each single-family residence in the City is a practical impossibility, single-family residences with impervious surface area between 918 square feet and 3,672 square feet, inclusive, have been assigned one ESU. Smaller single- family residences have been assigned one-half ESU and larger single-family residences have been calculated individually. 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 116-96), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Stormwater Assessments, 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 Special Assessment Department at (954)924-3662 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, 2000, 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 (sometimes referred to as the "Griffin Road Annexation Area" or the "Ravenswood Road Annexation 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 $233.04. Unimproved properties, mobile home parks, D-3 • 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 Special Assessment Department at (954)924-3662, 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 2000, 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. 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. A public hearing will be held at 7:30 p.m. on August 22, 2000, in the City • Commission Chambers of City Hall, 100 West Dania Beach Boulevard, Dania Beach, 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's office at (954)924-3630, at least two days prior to the date of the hearing. CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA D-4 APPENDIX E FORMA OF NOTICE TO BE MAILED • APPENDIX E FORM OF NOTICE TO BE MAILED * * * * * NOTICE TO PROPERTY OWNER City of Dania Beach 100 West Dania Beach Blvd. CITY OF DANIA BEACH, FLORIDA Dania Beach, Florida 33063 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 1, 2000 Owner address city, state zip Ohe following is a summary of the non-ad valorem special assessments being reimposed on the above parcel for the fiscal year beginning October 1, 2000. The above parcel is subject to the fire rescue assessment: The above parcel is classified as The total number of billing units on the above parcel is The annual fire rescue assessment for the above parcel is $ The above parcel is subject to the stormwater assessment: The total number of equivalent stormwater units (ESU) on the above parcel is The annual stormwater assessment for the above parcel is $ The above parcel is subject to the solid waste assessment: The total number of residential dwelling units on the above parcel is The annual solid waste assessment for the above parcel is $ * * * * * THIS ISNOTABILL * * * * * [Please see reverse side for more information.] E-1 ** * * * NOTICE TO PROPERTY OWNER As required by section 197.3632, Florida Statutes, and the direction of the City Commission, notice is given by the City of Dania Beach that annual assessments for 1) fire rescue services, 2) stormwater services, and 3) solid waste services using the tax bill collection method, may be reimposed and levied on your property for the fiscal year October 1, 2000 - September 30, 2001. The use of an annual special assessment to fund fire rescue services, solid waste services and stormwater services benefiting improved property located within the City of Dania Beach in the past has proven to be fair, efficient and effective. Annual special assessments for fire rescue services and stormwater services are being imposed on improved properties city-wide. An annual special assessment for solid waste services is only being imposed in the Griffin Road or Ravenswood Annexed Areas as the fees for such services are no longer collected as a separate bill sent by the City. The total annual fire rescue assessment revenue to be collected within the City of Dania Beach 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 total annual stormwater assessment revenue to be collected within the City of Dania Beach is estimated to be $ . The annual stormwater assessment is based upon the estimated amount of stormwater runoff generated by impervious surface on the property. The total annual solid waste assessment revenue to be collected within the City of Dania Beach • is estimated to be $ . The annual solid waste assessment is based on the number of residential dwelling units contained on each parcel of property. A public hearing will be held at 7:30 p.m. on August 22, 2000, in City Commission Chambers of City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida for the purpose of receiving public comment on the proposed assessments. 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's office at (954)924-3630, at least two 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 legal documentation for the three non-ad valorem assessment programs are available for inspection at the City Clerk's office in the Municipal Building, located at 100 West Dania Beach Boulevard, Dania Beach, Florida. The special assessment amounts 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 E-2 ® 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, please contact the City's Special Assessment Department at (954) 924-3662, Monday through Friday between 9:00 a.m. and 4:00 p.m. • E-3