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Home My WebLink AboutR-2013-081 Established the Not to Exceed Assessment Rate for Fire Rescue Assessments for the Fiscal Year beginning October 1, 2013 RESOLUTION NO. 2013-081 A RESOLUTION OF THE CITY COMMISSION 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, 2013; DIRECTING THE PREPARATION OF RESPECTIVE ASSESSMENT ROLLS; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR 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 2013-2014 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Roll, authorizing a public hearing and directing the provision of notice of such hearing is required by an ordinance originally enacted as Ordinance No. 10-96 for the reimposition of the fire rescue assessments; and WHEREAS, the City Administration has engaged a rate consulting firm to analyze and reasonably adjust the City's assessment allocations based on more recent emergency response call data; 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, 1998 (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, 2013. All capitalized words and terms not otherwise defined in this Resolution shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words using 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, and 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 as Appendix A. (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 any or all portions of the costs 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 2 RESOLUTION#2013-081 computer services, data processing, and communications; (F) the cost of all lands and interest in them, including 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 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 the 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 3 RESOLUTION#2013-081 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 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, facilitie s, or programs shall be funded from proceeds of the Fire Rescue Assessments. The remaining cost required to provide fire rescue services, facilities, or programs shall be funded by available City revenues other than Fire Rescue Assessment proceeds. It is ascertained, determined, and declared by this Resolution that each parcel of Assessed Property located within the City will be benefited by the City's provision of fire rescue services, facilities, or programs in an amount not less than the Fire Rescue Assessment imposed against such parcel, computed in the manner as 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 ascertained, determined, 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, and 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, determined, and declared in Section 1.04 of the Ordinance are 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 4 RESOLUTION#2013-081 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 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. 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, Florida 760 So. 2d 998 (Fla. 4 h DCA 2000), review granted, 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 5 RESOLUTION#2013-081 Demand Percentage calculation the Fire Rescue Incident Reports documenting fire rescue services provided to non-specific property uses. 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,based upon an average of the immediate past three calendar years. (C) No Fire Rescue Assessment shall be imposed upon a parcel the use of which is wholly exempt from ad valorem taxation under Florida law. 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 6 RESOLUTION#2013-081 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" as Commercial Property. (F) It is fair and reasonable to assess "vacant property" by using acreage as there are 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. 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 was 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 7 RESOLUTION#2013-081 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 approved, adopted, andincorporated into this Preliminary Rate Resolution by reference. It is 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, 2013, is the amount determined in the Estimated Fire Rescue Assessment Rate Schedule, attached 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. The estimated Fire Rescue Assessments specified in the Estimated Fire Rescue Assessment Rate Schedule are established by this Resolution to fund the specified Fire Rescue Assessed Cost determined to be assessed in the Fiscal Year commencing October 1, 2013. 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 8 RESOLUTION#2013-081 updated Assessment Roll for the Fiscal Year commencing October 1, 2013 as provided in Section 9 of this Preliminary Rate Resolution. Section 9. Annual Assessment Roll. That the City Manager is directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing October 1, 2013, 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, 2013, 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. It is ascertained, determined, and declared by this Resolution 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 established a public hearing to be held at 5:00 p.m. on September 12, 2013, in the City Commission Chamber 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, 2013 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 20,2013, in substantially the form attached as Appendix D. 9 RESOLUTION#2013-081 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 2, 2013. 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. 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 22, 2013. ATTEST: c7. LOUISE STILSON, CMC W LTER B. DUKE, III CITY CLERK MAYOR APPROVED AS O FO AND CORRECTNESS: ��o�IARD`S THO S . CITY ATTORNEY TED 1 10 RESOLUTION#2013-081 APPENDIX A 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 classify 51 Lock-out 52 Water evacuation 11 RESOLUTION#2013-081 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 12 RESOLUTION#2013-081 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: The fire assessment budget is first allocated between fire and non-fire related calls. The fire calls are then further amended to reflect an Effort Allocation relative to each Property Category. The Effort Allocation establishes the total fire assessment allocation for each respective Property Category. Section B-1. Residential Property. The Fire Rescue Assessment for each Tax Parcel of Residential Property shall be computed by multiplying the Effort Allocation attributable to Residential Property category 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 Recreational Vehicle Park property, Vacant, Institutional, Assembly, Educational) shall be computed as follows: (A) Respectively, multiply the Fire Rescue Assessed Costs by the Effort Allocation attributable to each of the non-residential Property Use Categories. With the exception of Recreational Vehicle Park property, vacant, institutional, assembly and education properties, 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; 13 RESOLUTION#2013-081 (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 Recreational Vehicle Park, vacant, institutional, assembly, and educational 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 Recreational Vehicle Park, vacant, institutional, assembly and educational property categories, 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 Recreational Vehicle Park, vacant, institutional, assembly and educational property categories, 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- 14 RESOLUTION#2013-081 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 Recreational Vehicle Park property). (F) For each of the non-residential Property Use Categories (except Recreational Vehicle Park, vacant, institutional, assembly and educational property categories), 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 Recreational Vehicle Park, vacant, institutional, assembly and educational property categories), 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 Recreational Vehicle Park, vacant, institutional, assembly and educational property categories), 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 Recreational Vehicle Park, vacant, institutional, assembly and educational property categories 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. Recreational Vehicle Parks property. Notwithstanding the procedure in Section B-2 for Non-Residential Property, the Fire Rescue Assessments for each Tax Parcel of Recreational Vehicle Park, vacant, institutional, assembly and educational 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) 15 RESOLUTION#2013-081 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-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. Section B-5 Vacant, Institutional, Assembly and Educational Property. The Fire Rescue Assessment for each Tax Parcel of Vacant, Institutional, Assembly, and Educational Property shall be computed by multiplying the Effort Allocation cost attributable to each respective Property category 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. 16 RESOLUTION#2013-081 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, 2013, is $5,028,170. 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, 2013, are established as follows for the purpose of this Preliminary Rate Resolution: PROPERTY USE Rate Per Dwelling Unit CATEGORIES Residential Per Dwelling Unit $160.00 NON- Vacant Per Acreage $272 80 RESIDENTIAL PROPERTY USE Institutional / CATEGORIES Assembly/Educational $394.59 Per Acreage Multiplier Building classification (in square footage Industrial/ range) Commercial/Hotel- Warehouse Motel/Medical 1 < 1,999 $697.35 $412.25 1.375 2,000 - 3,499 $958.85 $566.83 2.13 3,500 -4,999 $1,481.86 $876.01 3.75 5,000 - 9,999 $2,615.04 $1,545.90 7.50 10,000 - 19,999 $5,230.09 $3,091.82 12.50 20,000 -29,999 $8,716.82 $5,153.03 17.50 30,000 - 39,999 $12,203.56 $7,214.24 22.50 40,000 - 49,999 $15,690.28 $9,275.45 25.00 > 50,000 $17,433.65 $10,306.06 17 RESOLUTION#2013-081 APPENDIX D FORM OF NOTICE TO BE PUBLISHED To Be Published by August 20, 2013 CITY OF DANIA BEACH BOUNDARY MAP Q 3 p N MF8 o 0 A g o r �n FDMIA WCN. VD D SFEPoDAN ST-. 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 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, 2013. 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. 18 RESOLUTION#2013-081 PROPERTY USE Rate Per Dwelling Unit CATEGORIES Residential Per Dwelling Unit $160.00 NON- Vacant Per Acreage $272 80 RESIDENTIAL PROPERTY USE Institutional / CATEGORIES Assembly/Educational $394.59 Per Acreage Multiplier Building classification (in square footage Industrial/ range) Commercial/Hotel- Warehouse Motel/Medical 1 < 1,999 $697.35 $412.25 1.375 2,000 - 3,499 $958.85 $566.83 2.13 3,500 -4,999 $1,481.86 $876.01 3.75 5,000 - 9,999 $2,615.04 $1,545.90 7.50 10,000 - 19,999 $5,230.09 $3,091.82 12.50 20,000 - 29,999 $8,716.82 $5,153.03 17.50 30,000 - 39,999 $12,203.56 $7,214.24 22.50 40,000 - 49,999 $15,690.28 $9,275.45 25.00 > 50,000 $17,433.65 $10,306. 66 19 RESOLUTION#2013-081 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) 924-6800 Ext. 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 2013, 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. A PUBLIC HEARING WILL BE HELD AT 5:00 P.M. ON SEPTEMBER 12, 2013, IN THE CITY COMMISSION CHAMBER 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 special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at (954) 924- 6800 Ext. 3624,at least two days prior to the date of the hearing. 20 RESOLUTION#2013-081 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 Boardingtrooming 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 21 RESOLUTION#2013-081 213 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, %I Highway or divided highway 647 Water utility %2 Residential street,road or driveway 648 Sanitation utility 963 street or road in commercial area 655 Crops or orchard %5 Vehicle parking area 659 Livestock production %0 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 22 RESOLUTION#2013-081