HomeMy WebLinkAboutR-2020-079 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. 2020-079
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
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, 2020; 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 Chapter
23, 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 adjust the City's
assessment rates as needed for Fiscal Year 2020-2 1; 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 2020—2021.
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, 2020. 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
2 RESOLUTION NO.2020-079
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 terms:
(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 affirming the rates
previously established in the 2018 Addendum as being fair and reasonable for imposition
for Fiscal Year 2019-2020.
(d) "2020 Addendum" means the technical memorandum, attached and
incorporated within this Resolution as Exhibit A, modifying, affirming and supplementing
the 2017 Methodology Report as further modified, affirmed and supplemented by the 2018
and 2019 Addenda, updating the calculation of Fire Rescue Assessments Rates for Fiscal
Year 2020-21.
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 are included in the Fire Rescue Assessment, and EMS costs shall not
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.
3 RESOLUTION NO.2020-079
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 as updated in the 2020 Addendum 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 and 2019 Addenda, and as further modified, affirmed
and supplemented by the 2020 Addendum which is attached to this Resolution. It is hereby
determined and declared that the Fire Rescue Assessments for Fiscal Year 2020-2021 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 Fire Assessed Costs, as defined in
Resolution No. 2017-084, are apportioned fairly and reasonably, 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, 2020, 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 2020 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.
4 RESOLUTION NO.2020-079
PROPOSED NOT-TO-EXCEED FIRE RESCUE ASSESSMENT RATES
PROPERTY USE RATE BASIS RATE
CATEGORIES
Residential Per Dwelling Unit $240.95
Vacant Per Acre $235.99
Commercial Building Area in Square Feet
< 1,999 $1,145.26
2,000—3,499 $1,556.53
3,500—4,999 $2,475.24
5,000—9,999 $4,302.21
10,000— 19,999 $8,247.43
20,000—29,999 $11,784.57
30,000—39,999 $18,754.94
40,000—49,999 $22,100.52
> 50,000 $24,013.54
Industrial/Warehouse Building Area in Square Feet
< 1,999 $211.06
2,000—3,499 $280.96
3,500—4,999 $462.99
5,000—9,999 $805.95
10,000— 19,999 $1,450.70
20,000—29,999 $2,489.89
30,000—39,999 $3,650.94
40,000—49,999 $4,695.16
> 50,000 $4,563.67
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, 2020, 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,
5 RESOLUTION NO.2020-079
and as modified and supplemented by the 2020 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, 2020, 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
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 7:00 p.m. on September 14, 2020, in the City of Dania Beach City
Commission Chamber, 100 West Dania Beach Boulevard, Dania Beach, Florida, or as a
virtual public meeting held in accordance with authorized communications media
technology protocols, as provided on the City's website, the meeting agenda or the TRIM
notice mailed by the Property Appraiser, 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, 2020 and collecting such assessments on the same bill as ad valorem
taxes. Adoption of the Annual Resolution after the public hearing and approval of the Final
Roll shall be the final adjudication of the issues presented (including, but not limited to, the
determination of benefit and fair apportionment, the method of apportionment and levy, the
Fire Protection Assessment Rates, the Final Roll and the levy, collection and lien of the Fire
Protection Assessments), unless proper steps shall be initiated in a court of competent
jurisdiction to secure relief within 20 days from the adoption of the Annual Resolution.
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
6 RESOLUTION NO.2020-079
manner and time provided in Section 2.04 of the Ordinance. The notice shall be published
no later than August 24, 2020.
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.
PASSED AND ADOPTED on July 28,2020.
ATTEST:�"JA/I A
r
THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK `,► MAYOR
ge�ISHE01
APPROVED AS TO FORM AND CORRECTNESS:
(P� � /
THO S J. ANSBRO
CITY A TORNEY
7 RESOLUTION NO.2020-079
EXHIBIT A
CITY OF DANIA BEACH, FLORIDA
2020 ADDENDUM
July 21,2020
2020 Addendum to the
2017 Methodology Report and Prior Addenda
Prepared by Munilytics,Inc.
A%�6, h6,
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 FY2020-2021 in light of the 2017
assessment methodology used to levy the assessment that year and in subsequent years. As part of this
update,the FY2020-2021 roll was also prepared.
9
Study Conclusions
The study concludes that the FY2020-2021 assessment tranches changed due to new development and the
City's desire to derive a larger percentage of the fire services costs from the assessment.
The initial evaluation of the assessment roll,based upon the proposed rates show the follow gross
assessment amounts:
Amount Expected to be Levied in Each Category
Amount
Vacant Land 177,147.19
Commercial 2,558,386.07
Residential 3,750,103.53
Warehouse/Industrial 53 7,297.68
Total Levy 7,022,934.47
We would expect, given the continued level of development underway in the City,that these categories and
their applicable rates will need to be adjusted for FY2021-2022. We also recommend that the City 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.
10
Recommended Rates For FY2020-2021:
PROPERTY USE RATE BASIS RATE
CATEGORIES
Residential Per Dwelling Unit $240.95
Vacant Per Acre $235.99
Commercial Building Area In Square Feet
< 1,999 $1,145.26
2,000—3,499 $1,556.53
3,500—4,999 $2,475.24
5,000—9,999 $4,302.21
10,000— 19,999 $8,247.43
20,000—29,999 $11,784.57
30,000—39,999 $18,754.94
40,000—49,999 $22,100.52
> 50,000 $24,013.54
Industrial/Warehouse Building Area In Square Feet
< 1,999 $211.06
2,000—3,499 $280.96
3,500—4,999 $462.99
5,000—9,999 $805.95
10,000— 19,999 $1,450.70
20,000—29,999 $2,489.89
30,000—39,999 $3,650.94
40,000—49,999 $4,695.16
> 50,000 $4,563.67
11