HomeMy WebLinkAboutR-2019-066 City, Relating to the Imposition of Fire Rescue Assessments and the Provision of Fire Services Facilities and Programs, within the City; Providing Authority; Affirming the Provisions RESOLUTION NO. 2019-066
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RELATING TO THE IMPOSITION OF FIRE RESCUE
ASSESSMENTS AND THE PROVISION OF FIRE SERVICES,
FACILITIES AND PROGRAMS WITHIN THE CITY OF DANIA BEACH,
FLORIDA; PROVIDING AUTHORITY; AFFIRMING THE PROVISIONS
AND FINDINGS OF RESOLUTION NOS. 2017-084 AND 2017-105;
PROVIDING PURPOSE, EFFECT AND DEFINITIONS; PROVIDING FOR
PROVISION AND FUNDING OF FIRE SERVICES; PROVIDING FOR
IMPOSITION AND COLLECTION OF SUCH ASSESSMENTS;
PROVIDING LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT
AND FAIR APPORTIONMENT; PROVIDING UPDATED ASSESSMENT
METHODOLOGY AND CALCULATIONS; ESTABLISHING
PRELIMINARY NOT-TO-EXCEED ASSESSMENT RATES FOR FIRE
ASSESSMENTS TO PROVIDE FOR THE PROVISION OF FIRE
SERVICES, FACILITIES AND PROGRAMS FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2019; DIRECTING THE PREPARATION OF A
PRELIMINARY ASSESSMENT ROLL; AUTHORIZING A PUBLIC
HEARING AND DIRECTING THE PROVISION OF MAILED AND
PUBLISHED 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 (City) implemented a Fire
Rescue Assessment to provide a portion of the funding for the City's fire rescue services
and facilities with the adoption of Ordinance No. 10-96 (subsequently codified as Article
VIII of the City of Dania Beach Code of Ordinances), and imposed fire rescue assessments
for Fiscal Year 1997-1998 with the adoption of the Initial Rate Resolution, Resolution No.
63-96 (also referred to as Resolution No. 1996-063) and the Final Rate Resolution,
Resolution No. 72-96 (also referred to as Resolution No. 1996-72); and
WHEREAS, pursuant to Ordinance No. 10-96 (Ordinance), the reimposition of fire
rescue assessments for any Fiscal Year after the year of initial levy (Fiscal Year 1996-1997)
requires certain processes and procedures; 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 and an Annual or Final Rate Resolution adopting the final
assessment rate and directing billing and collection of such rates are required by the
Ordinance for the reimposition of the fire rescue assessments; and
WHEREAS, the City in each year subsequent to 1996 adopted Preliminary and
Final/Annual Rate Resolutions in accordance with the requirements of the Ordinance to
adopt and impose the Fire Rescue Assessments; and
WHEREAS, to facilitate the understanding of the public and simplify the
administration of the Fire Rescue Assessments, the City adopted Preliminary Resolution
No. 2017-084 and Annual Resolution No. 2017-105 to supersede and supplant all prior
resolutions, without however affecting the validity or effectiveness of any prior resolutions
for purposes of the Fire Rescue Assessments adopted and imposed by such prior
resolutions; and
WHEREAS, the City has engaged a rate consulting firm to analyze and confirm, or
reasonably adjust if needed, the City's assessment rates as needed for Fiscal Year 2019-2020; 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 to begin the process of adopting and imposing Fire Rescue Assessments for
Fiscal Year 2019 - 2020;
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, subsequently codified as Chapter 23, Article
VIII of the City of Dania Beach Code of Ordinances); the Initial Assessment Resolution(Resolution
No. 63-96, also referred to as Resolution No. 1996-63);the Final Assessment Resolution(Resolution
No. 72-96, also referred to as Resolution No. 1996-72); and all subsequent Fire Assessment
Resolutions; and Florida Statutes 166.021 and 166.041, and other applicable provisions of law.
Section 2. Purpose, Effect 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, 2019. This Resolution ratifies, confirms and supplements the
Ordinance and Preliminary Resolution No. 2017-084 and Annual Resolution No. 2017-105.
All findings of special benefit and fair and reasonable apportionment in the Ordinance and
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Resolution Nos. 2017-084 and 2017-105 are specifically confirmed and incorporated in this
Resolution by reference.
The Ordinance and Resolution Nos. 2017-084 and 2017-105 shall be referred to for
definitions of capitalized terms except for the following term:
(a) "2017 Methodology Report" shall be the term used in this and subsequent
Resolutions to refer to the Methodology Report, dated June 2017 and including a July
Addendum, as defined in Resolution No. 2017-084.
(b) "2018 Addendum" means the technical memorandum supplementing the
2017 Methodology Report and updating the calculation of Fire Rescue Assessments for
Fiscal Year 2018-19.
(c) "2019 Addendum" means the technical memorandum, attached and
incorporated within this Resolution as Exhibit A, affirming the rates previously established
in the 2018 Addendum as being fair and reasonable for imposition for Fiscal Year 2019-
2020.
Section 3. Provision and Funding of Fire Services. That upon the imposition of Fire
Rescue Assessments for fire services, facilities, or programs against Assessed Property located
within the City, the City shall provide fire services to such Assessed Property. A portion of the
cost to provide such fire services, facilities, or programs shall be funded from proceeds of the
Fire Rescue Assessments. The remaining costs required to provide fire services, facilities, or
programs shall be funded by lawfully available City revenues other than Fire Rescue Assessment
proceeds. No EMS costs shall be funded by 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 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 Assessed Property based on the Fire
Assessment rates confirmed in the 2019 Addenda(as established in the 2018 Addenda) using the
Fire Class Codes and Fire Basis data maintained by the BCPA for each Assessed Parcel. Fire
Rescue Assessments shall be computed in the manner set forth in this Resolution, Resolution
Nos. 2017-084 and 2017-105, the 2017 Methodology Report, the 2018 Addendum and the
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2019 Addendum. It is determined and declared that the Fire Rescue Assessments for Fiscal Year
2019-2020 proposed in this Resolution, as may be adopted by a Final or Annual Resolution, shall
be collected under the Uniform Assessment Collection Act.
Section 5. Legislative Determinations of Special Benefit and Fair Apportionment.
Adoption of this Resolution constitutes a legislative determination that all parcels assessed derive
a special benefit and that the assessed costs are apportioned fairly consistent with the legislative
declarations, determinations and findings as set forth in the Ordinance, the Initial Assessment
Resolution, as amended, the Final Assessment Resolution, as amended, and all subsequent
Preliminary and Annual Resolutions and this Preliminary Resolution. The legislative findings of
special benefit and fair apportionment approved in the Ordinance and all prior resolutions are
ratified, confirmed and incorporated.
Section 6. Determination of Fire Assessed Costs; Establishment of Proposed
Not-to-Exceed Fire Rescue Assessment Rates. The Fire Assessed Cost to be assessed and
apportioned among Assessed Property within the City and the Proposed Not-to-Exceed Fire
Rescue Assessment Rates for the Fiscal Year commencing October 1, 2019, are presented
below. The approval of the Proposed Fire Rescue Assessment Rate Schedule by the adoption
of this Preliminary Rate Resolution determines the amount of the Fire Assessed Cost (as
identified in the 2019 Addendum) and the maximum, or not-to-exceed, rates that may be
imposed and collected for the upcoming fiscal year. The remainder of such Fiscal Year
budget for fire rescue services, facilities, and programs shall be funded from lawfully
available City revenue other than Fire Rescue Assessment proceeds.
PROPOSED NOT-TO-EXCEED FUZE RESCUE ASSESSMENT RATES
PROPERTY USE RATE BASIS RATE
CATEGORIES
Residential Per Dwelling Unit $223.75
Vacant Per Acre $204.96
Commercial Building Area In Square Feet
< 1,999 $1,060.04
2,000—3,499 $1,457.55
3,500—4,999 $2,257.88
5,000—9,999 $3,975.15
10,000—19,999 $7,950.29
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20,000—29,999 $13,250.49
30,000—39,999 $18,550.68
40,000—49,999 $23,850.88
: 50,000 $26,500.97
Industrial/Warehouse Building Area In Square Feet
< 1,999 $190.54
2,000—3,499 $261.99
3,500—4,999 $405.85
5,000—9,999 $714.52
10,000— 19,999 $1,429.04
20,000—29,999 $2,381.73
30,000—39,999 $3,334.42
40,000—49,999 $4,287.11
! 50,000 $4,763.46
Section 7. Preliminary Assessment Roll. The City Manager or designee is directed
to prepare, or cause to be prepared, an updated Preliminary Assessment Roll for the Fiscal
Year commencing October 1, 2019, in the manner provided in the Ordinance and this
Resolution. The updated Assessment Roll shall include all Assessed Properties within the
Fire Class Code categories and incorporate the Proposed Rates referenced in Section 6
above. The City Manager or designee shall apportion the estimated Fire Assessed Cost to be
recovered through Fire Rescue Assessments in the manner set forth in Resolution Nos. 2017-
084 and 2017-105, the 2017 Methodology Report, the 2018 Addendum, the 2019 Addendum,
and this Resolution. A copy of this Preliminary Rate Resolution, the Ordinance, previously
adopted Resolutions, documentation related to the estimated amount of the Fire Assessed
Cost to be recovered through the imposition of Fire Rescue Assessments, and the updated
Preliminary 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
Preliminary Assessment Roll proposed for the Fiscal Year beginning October 1, 2019, be in
printed form if the amount of the Fire Rescue Assessment for each parcel of Assessed
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 services as set forth in this Preliminary
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Rate Resolution is a fair and reasonable method of apportioning the Fire Assessed Cost
among parcels of Assessed Property located within the City.
Section 8. Authorization of Public Hearing. That there is established a public
hearing to be held at 5:01 p.m. on September 12, 2019, in the 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, 2019 and collecting such assessments on the same bill
as ad valorem taxes.
Section 9. Notice of Publication. That the City Clerk shall publish a notice of the
public hearing authorized by Section 8 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 23, 2019.
Section 10. Notice by Mail. That the Director of Finance shall provide information on
the public hearing and the proposed not-to-exceed rates 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.
Section 11. Application of Assessment Proceeds. That proceeds derived by the City
from the Fire Rescue Assessments will be utilized for the provision of fire services, facilities,
and programs and will not be used for any EMS costs or services. In the event there is any
unexpended or uncommitted assessment revenue remaining at the end of the Fiscal Year, such
balance shall be carried forward and used only to fund fire services, facilities, and programs.
Section 12. Conflict. That all resolutions or parts of resolutions in conflict with this
Resolution are superseded and supplanted to the extent of such conflict.
Section 13. 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 14. Effective Date. That this Resolution shall be in force and take effect
immediately upon its passage and adoption.
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PASSED AND ADOPTED on July 30,2019.
ATTEST:
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THOMAS SCHNEIDER, CMC E+ LORI WELLEN
CITY CLERK MAYOR
ISHE��'
APPROVED AS TO FORM AND CORRECTNESS:
THO" J. N BRO
CITY ATTORNEY
7 RESOLUTION#2019-066
EXHIBIT A
CITY OF DANIA BEACH,FLORIDA
2019 ADDENDUM
July,2019
2019 Addendum to
2017 Methodology Report and 2018 Addendum
Prepared by Munilytics, Inc.
Recommended Rates For FY2020,Unchanged From FY2019
Exhibit A
City of Dania Beach FY2019-2020 Fire
Assessment Analysis
June 29, 2019
A%hhmh,
M U N I L Y T I
Exhibit A
Report Commission
This study was commissioned by the City of Dania Beach as part of its annual fire services special
assessment program. The study evaluated the assessment roll for FY2019-2020 in light of the 2017
assessment methodology used to levy the assessment that year and in subsequent years. As part of this
update,the FY2019-2020 roll was also prepared.
Exhibit A
Study Conclusions
The study concludes that the FY2019-2020 assessment categories changed slightly, but not to an extent that
the rates should be adjusted.Differences between categories of assessments for FY2019-2020 and FY2016-
2017 show that Commercial growth has increased as a percent of the total and that the residential category
has slightly decreased:
Comparison of Category Charges
FY2016-2017 FY2019-2020
Vacant Land 2.52% 2.13%
Commercial 36.43% 38.29%
Residential 53.40% 52.45%
Warehouse/Industrial 7.65% 7.13%
100.00% 100.00%
The initial evaluation of the assessment roll,based upon the existing rates,which are recommended to
continue, show the follow gross assessment amounts:
Amount Expected to be Levied in Each Category
Amount
Vacant Land 141,026.83
Commercial 2,529,735.08
Residential 3,465,490.85
Warehouse/Industrial 470,886.80
Total Levy 6,607,139.56
We would expect, given the level of development underway in the City,that these categories and their
applicable rates will need to be adjusted for FY2020-2021. We anticipate that the commercial rates will
decrease slightly. It may also be a good time to consider changing the structure of the assessment in the
Commercial and Warehouse/Industrial categories from one that has tranches to one that is based upon the
square footage of the protected structures.
Exhibit A
Recommended Rates For FY2019-2020,Unchanged From FY2018-2019
PROPERTY USE RATE BASIS RATE
CATEGORIES
Residential Per Dwelling Unit $223.75
Vacant Per Acre $204.96
Commercial Building Area In Square Feet
< 1,999 $1,060.04
2,000—3,499 $1,457.55
3,500—4,999 $2,257.88
5,000—9,999 $3,975.15
10,000—19,999 $7,950.29
20,000—29,999 $13,250.49
30,000—39,999 $18,550.68
40,000—49,999 $23,850.88
> 50,000 $26,500.97
Industrial/Warehouse Building Area In Square Feet
< 1,999 $190.54
2,000—3,499 $261.99
3,500—4,999 $405.85
5,000—9,999 $714.52
10,000— 19,999 $1,429.04
20,000—29,999 $2,381.73
30,000—39,999 $3,334.42
40,000—49,999 $4,287.11
> 50,000 $4,763.46
Exhibit A