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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-0951 1 TEMPORARY RESOLUTION NUMBER 11900 CITY OF TAMARAC, FLORIDA PRELIMINARY RATE RESOLUTION ADOPTED JULY 14, 2010 TEMPORARY RESOLUTION NUMBER 11900 Page SECTION 1. AUTHORITY....................................................................................2 SECTION 2. PURPOSE AND DEFINITIONS.......................................................2 SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES ......... 3 SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS..............................................................................3 SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT........................................................4 SECTION 6. COST APPORTIONMENT..............................................................9 SECTION 7. PARCEL APPORTIONMENT METHODOLOGY ...........................10 SECTION 8. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES.................................................................10 SECTION 9. ANNUAL ASSESSMENT ROLL....................................................11 SECTION 10. AUTHORIZATION OF PUBLIC HEARING....................................13 SECTION 11. NOTICE BY PUBLICATION..........................................................13 SECTION 12. NOTICE BY MAIL..........................................................................13 SECTION 13. APPLICATION OF ASSESSMENT PROCEEDS ..........................14 SECTION 14. CONFLICTS..................................................................................14 SECTION 15. SEVERABILITY.............................................................................14 SECTION 16. EFFECTIVE DATE........................................................................14 APPENDIX A: FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES.................................A-1 APPENDIX B: PARCEL APPORTIONMENT METHODOLOGY ....................B-1 APPENDIX C: ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE..................................................................C-1 APPENDIX D: FORM OF NOTICE TO BE PUBLISHED................................D-1 APPENDIX E: FORM OF NOTICE TO BE MAILED ....................................... E-1 1 1 1 TEMPORARY RESOLUTION NUMBER 11900 CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF TAMARAC, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010; 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 June of 1996, the City of Tamarac 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. 0-96-8 and imposed fire rescue assessments for Fiscal Year 1997 with the adoption of Resolution Nos. R-96-160 (the "Initial Assessment Resolution") and R-96-175 (the "Final Assessment Resolution"); and WHEREAS, pursuant to Ordinance No. 0-96-8, the re -imposition of fire rescue assessments for Fiscal Year 2010 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 1 TEMPORARY RESOLUTION NUMBER 11900 provision of notice thereof is required by Ordinance No. 0-96-8 for the re -imposition of the fire rescue assessments; and, WHEREAS, with the adoption of CS/HB 1129 by the Florida Legislature (the "Local Bill"), the City has annexed new properties which will then be subject to the City's fire rescue assessment, and based upon the legislative findings set forth in the Local Bill the City shall provide a partial exemption as described in the Local Bill from the fire rescue assessment for the properties located within area recently annexed by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: AUTHORITY. This resolution is adopted pursuant to the provisions of the Fire Rescue Assessment Ordinance (Ordinance No. 0-96-8), the Initial Assessment Resolution (Resolution No. R-96-160), the Final Assessment Resolution (Resolution No. R-96-175), sections 166.021 and 166.041, Florida Statutes, the Local Bill (for purposes relating to the properties annexed to the City through such Local Bill), and other applicable provisions of law. 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 re -imposition of Fire Rescue Assessments for the Fiscal Year beginning October 1, 2010. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, and Resolution K TEMPORARY RESOLUTION NUMBER 11900 2008-107 ("2008 Preliminary Rate Resolution"). Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa: "Annexed Parcels" means those parcels annexed into the City through the Local Bill. Such parcels shall be included within the Assessed Property. "Local Bill" shall mean House Bill 1129, enrolled CS/HB 1129, adopted by the Florida Legislature during the 2010 Legislative Session. 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 benefitted 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 3 TEMPORARY RESOLUTION NUMBER 11900 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. It is hereby ascertained and declared that the Fire Rescue Assessed Costs provide a special benefit to the Assessed Property based upon the following legislative determinations. general (A) Upon the adoption of this Preliminary Rate Resolution, determining the Fire Rescue Assessed Costs and identifying the Assessed Property to be included in the Assessment Roll, the legislative determinations of special benefit ascertained and declared in Section 1.04 of the Ordinance are hereby ratified and confirmed, to the extent authorized by law. (B) Upon the adoption of this Preliminary Rate Resolution, the legislative findings ascertained and declared by the Florida Legislature within the Local Bill, relating to the partial exemption for the Annexed Parcels, are hereby ratified and confirmed, to the extent authorized by law. (C) 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 4 TEMPORARY RESOLUTION NUMBER 11900 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. cost apportionment (D) It is fair and reasonable and consistent with the decision from the Florida Supreme Court in the case of City of North Lauderdale v. SMM Properties, Inc., 825 So. 2d 343 (Fla. 2002), to exclude from the Fire Rescue Assessed Cost amounts determined to constitute the Emergency Medical Services Cost. (E) Apportioning Fire Rescue Assessed Costs 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 5 TEMPORARY RESOLUTION NUMBER 11900 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 Costs to vacant property and the Fire Rescue Incident Reports 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. N* 1 TEMPORARY RESOLUTION NUMBER 11900 (1) The City's budget is sized based upon its ability to provide service to improved property within its boundaries. Therefore, 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 use. 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 (J) 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. (K) 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 (M) 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 7 TEMPORARY RESOLUTION NUMBER 11900 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. (N) 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. (N) 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, TEMPORARY RESOLUTION NUMBER 11900 (0) 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 Buildings located on such parcels of Institutional Property whose Building use is wholly exempt from ad valorem taxation under Florida law. Accordingly, no Fire Rescue Assessment shall be imposed upon a Building located on a parcel of Institutional Property whose Building use is wholly exempt from ad valorem taxation under Florida law. SECTION 6: COST APPORTIONMENT. (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. 9 TEMPORARY RESOLUTION NUMBER 11900 (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 Costs apportioned to each Property Use Category under the Cost Apportionment shall be consistent with the Parcel Apportionment methodology described and determined in Appendix B, which Parcel Apportionment methodology is hereby approved, adopted, and incorporated into this Preliminary Rate Resolution by reference. (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. (C) Pursuant to the Local Bill, once the Parcel Apportionment methodology is applied to the Assessed Properties, the City shall then exempt the Annexed Parcels from the Fire Rescue Assessment rates to the extent required by the Local Bill. SECTION 8: DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES. (A) The Fire Rescue Assessed Costs to be assessed and apportioned among benefitted parcels pursuant to the Cost Apportionment and the Parcel Apportionment for TEMPORARY RESOLUTION NUMBER 11900 the Fiscal Year commencing October 1, 2010, 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 Costs. 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 Costs determined to be assessed in the Fiscal Year commencing October 1, 2010. No portion of such Fire Rescue Assessed Costs are attributable to impact fee revenue that funds capital improvements necessitated by new growth or development. Further, no portion of such Fire Rescue Assessed Costs are 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 in the preparation of the updated Assessment Roll for the Fiscal Year commencing October 1, 2010 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, 2010, in the manner provided in the Ordinance. The updated Assessment Roll shall include all Tax 11 TEMPORARY RESOLUTION NUMBER 11900 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. (B) 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, 2010 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. (C) 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. The methodology and apportionment assures that no property is assessed an amount greater than the benefit which it receives from the fire rescue services, facilities, and programs provided by the City. The Fire Rescue Assessed Costs are solely for the provision of fire protection and first response services. All Emergency Medical Services Costs and EMS calls have been excluded, which is consistent with the decision in City of North Lauderdale v. SMM Properties, Inc., 825 So.2d 343 (Fla. 2002). 12 TEMPORARY RESOLUTION NUMBER 11900 SECTION 10: AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 5:15 p.m. on September 13, 2010, in City Commission Chambers of City Hall, 7525 Northwest 88th Avenue, Tamarac, 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, 2010 and collecting such assessments on the same bill as ad valorem taxes. SECTION 11: NOTICE BY PUBLICATION. The City Manager 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 24, 2010, in substantially the form attached hereto as Appendix D. SECTION 12: NOTICE BY MAIL. (A) The City Manager shall 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 notices shall be mailed no later than August 24, 2010. (B) If the City determines that the truth-in-millage ("TRIM") notice that is mailed by the Property Appraiser under section 200.069, Florida Statutes, also fulfills the requirements of paragraph (A) of this Section 12, then the separate mailing requirement described in paragraph (A) will be deemed to be fulfilled by the TRIM notice. 13 TEMPORARY RESOLUTION NUMBER 11900 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. SECTION 16: EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS JAY OF JULY, 2010. " MARION Ok CLERKCITY I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 7Z,Yf/r� SAMLIffL S. GO CITY ATTORNEY 14 BETH TALABISCO MAYOR Record of COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM BUSHNELL DIST 3: COMM GLASSER DIST 4: VM DRESSLER YAW 1 1 TEMPORARY RESOLUTION NUMBER 11900 1 APPENDIX A FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES 1 TEMPORARY RESOLUTION NUMBER 11900 FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES Situation Found I Description 000 Skipped Run 100 Fire, Other 111 Building Fire 112 Fires in structures other than in a building 113 Cooking fire, confined to a container 114 Chimney or flue fire, confined to chimney or flue 115 Incinerator overload or malfunction, fire confined 116 Fuel burner/boiler malfunction, fire confined 117 Commercial compactor fire, confined to rubbish 118 Trash or rubbish fire, contained 120 Fire in mobile property used as a fixed structure, other 121 Fire in mobile home used as a fixed residence 122 Fire in mobile home, camper, recreational vehicle 123 Fire in portable building, fixed location 130 Mobile property (vehicle) fire, other 131 Passenger vehicle fire 132 Road freight or transport vehicle fire 133 Rail vehicle fire 134 Water vehicle fire 135 Aircraft fire 136 Self propelled motor home or recreational vehicle 137 Camper or RV fire 138 Off Road vehicle or heavy equipment fire 140 Natural vegetation fire 141 Forest, woods or wildland fire 142 Brush, or brush and grass mixture fire 143 Grass fire 150 Outside rubbish fire, other 151 Outside rubbish, trash or waste fire 152 Garbage dump or sanitary landfill fire 153 Construction or demolition landfill fire 154 Dumpster or other outside trash receptacle fire 155 Outside stationary compactor/compacted trash fire 160 Special outside fire, other 161 Outside storage fire 162 Outside equipment fire 163 Outside gas or vapor combustion explosion 164 Outside mailbox fire 170 Cultivated vegetation, crop fire, other 171 Cultivated grain, or crop fire 172 Cultivated orchard or vineyard fire A-1 1 1 1 1 TEMPORARY RESOLUTION NUMBER 11900 Situation Found I Description 173 Cultivated trees or nursery stock fire 200 Overpressure rupture, explosion, overheat, other 210 Overpressure rupture from steam, other 211 Overpressure rupture of steam pipe or pipeline 212 Overpressure rupture of steam boiler 213 Steam rupture of pressure or process vessel 220 Overpressure rupture from air or gas, other 221 Overpressure rupture of air or gas pipe/pipeline 222 Overpressure rupture of boiler from air or gas 223 Air or gas rupture of pressure or process vessel 231 Chemical reaction rupture of process vessel 240 Explosion (no fire), other 241 Munitions or bomb explosion (no fire) 242 Blasting agent explosion (no fire) 243 Fireworks explosion (no fire) 251 Excessive heat, scorch burns with no ignition 300 Rescue, EMS call, other 311 Medical assist, assist EMS crew 320 Allergic reaction 321 EMS call, excluding vehicle accident with injury 322 Vehicle accident with injuries 323 Motor vehicle/pedestrian accident (MV Ped) 331 Lock -in (if lock out, use 511) 340 Search, other 341 Search for person on land 342 Search for person in water 343 Search for person underground 350 Extrication, rescue, other 351 Extrication of victim(s) from building/structure 352 Extrication of victim(s) from vehicle 353 Removal of victim(s) from stalled elevator 354 Trench/below grade rescue 355 Confined space rescue 356 High angle rescue 357 Extrication of victim(s) from machinery 360 Water & ice related rescue, other 361 Swimming/recreational water areas rescue 362 Ice rescue 363 Swift water rescue 364 Surf rescue 365 Watercraft rescue 370 Electrical rescue 371 Electrocution or potential electrocution 372 Trapped by power lines ME, TEMPORARY RESOLUTION NUMBER 11900 Situation Found I Description 381 Rescue or EMS standby 400 Hazardous condition, other 410 Flammable gas or liquid condition, other 411 Gasoline or other flammable liquid spill 412 Gas leak 413 Oil or other combustible liquid spill 420 Toxic condition, other 421 Chemical hazard ( no spill or leak ) 422 Chemical spill or leak 423 Refrigeration leak 424 Carbon monoxide incident 430 Radioactive condition, other 431 Radiation leak, radioactive material 440 Electrical wiring/equipment problem, other 441 Heat from short circuit (wiring), defective/worn 442 Overheated motor 443 Light ballast breakdown 444 Power line down 445 Arcing, shorted electrical equipment 460 Accident, potential accident, other 461 Building or structure weakened or collapsed 462 Aircraft standby 463 Vehicle accident, general cleanup 471 Explosive, bomb removal (for bomb scare, use 721) 480 Attempted burning, illegal action, other 481 Attempt to burn 482 Threat to burn 500 Service call, other 510 Person in distress, other 511 Lock -out 512 Ring or jewelry removal 520 Water problem, other 521 Water evacuation 522 Water or steam leak 531 Smoke or odor removal 540 Animal problem, other 541 Animal problem 542 Animal rescue 550 Public service assistance, other 551 Assist police or other governmental agency 552 Police matter 553 Public service 554 Assist invalid 555 Defective elevator A-3 1 1 1 1 1 J TEMPORARY RESOLUTION NUMBER 11900 Situation Found I Description 561 Unauthorized burning 571 Cover assignment, standby, moveup 600 Good intent call, other 611 Dispatched & canceled en route 621 Wrong location 631 Authorized controlled burning 632 Prescribed fire 641 Vicinity alarm (incident in other location) 650 Steam, other gas mistaken for smoke, other 651 Smoke scare, odor of smoke 652 Steam, vapor, fog or dust thought to be smoke 653 Barbecue, tar kettle 661 EMS call, party transported by non -fire agency 671 Hazmat release investigation w/no hazmat 700 False alarm or false call, other 710 Malicious, mischievous false call, other 711 Municipal alarm system, malicious false alarm 712 Direct tie to FD, malicious/false alarm 713 Telephone, malicious false alarm 714 Central station, malicious false alarm 715 Local alarm system, malicious false alarm 721 Bomb scare - no bomb 730 System malfunction 731 Sprinkler activation due to malfunction 732 Extinguishing system activation due to malfunction 733 Smoke detector activation due to malfunction 734 Heat detector activation due to malfunction 735 Alarm system sounded due to malfunction 736 CO detector activation due to malfunction 740 Unintentional transmission of alarm, other 741 Sprinkler activation, no fire - unintentional 742 Extinguishing system activation 743 Smoke detector activation, no fire - unintentional 744 Detector activation, no fire - unintentional 745 Alarm system sounded, no fire - unintentional 746 Carbon monoxide detector activation, no CO 800 Severe weather or natural disaster, other 811 Earthquake assessment 812 Flood assessment 813 Wind storm, tornado/hurricane assessment 814 Lightening strike (no fire) 815 Severe weather or natural disaster standby 900 Special type of incident, other, Dumpster fire 911 Citizen complaint /_� TEMPORARY RESOLUTION NUMBER 11900 APPENDIX B PARCEL APPORTIONMENT METHODOLOGY --1 TEMPORARY RESOLUTION NUMBER 11900 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 Costs, 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 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. 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: B-1 TEMPORARY RESOLUTION NUMBER 11900 (1) Buildings with a Building Area of less than 1,999 square feet; (2) Buildings with a Building Area between 2,000 square feet and 3,499 square feet; (3) Buildings with a Building Area between 3,500 square feet and 4,999 square feet; (4) Buildings with a Building Area between 5,000 square feet and 9,999 square feet; (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 multiply the number of Buildings categorized in: (1) Subsection (13)(1) of this Section by 1,000 square feet; (2) Subsection (13)(2) of this Section by 2,000 square feet; (3) Subsection (13)(3) of this Section by 3,500 square feet; B-2 TEMPORARY RESOLUTION NUMBER 11900 (4) Subsection (B)(4) of this Section by 5,000 square feet; (5) Subsection (13)(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 (13)(8) of this Section by 40,000 square feet; and (9) Subsection (13)(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. 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) 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. (F) For each of the non-residential Property Use Categories, multiply the resulting quotients from subsection (E) 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 expresses a series of gross dollar amounts expected to be funded by all Buildings in the respective non-residential Property Use B-3 TEMPORARY RESOLUTION NUMBER 11900 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, 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. 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. 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. B-4 TEMPORARY RESOLUTION NUMBER 11900 APPENDIX C ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE 1 1 TEMPORARY RESOLUTION NUMBER 11900 APPENDIX C ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE SECTION C-1. DETERMINATION OF FIRE RESCUE ASSESSED COSTS. The estimated Fire Rescue Assessed Costs to be assessed for the Fiscal Year commencing October 1, 2010, is $9,392,370.00. SECTION C-2. ESTIMATED FIRE RESCUE ASSESSMENTS. (A) 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, 2010, are hereby established as follows for the purpose of this Preliminary Rate Resolution: Residential Property Use Category Rate Per Dwelling Unit Dwelling Unit $193 NON-RESIDENTIAL PROPERTY USE CATEGORIES Building Classification in square foot ranges) Commercial Industrial/ Warehouse Institutional c 1,99 $ 66 $ 272 $ 89 2,000 - 3,499 $ 1,32 $ 54 $ 1,79 3,500 - 4,999 $ 2,31 $ 95 $ 3,142 5,000 - 9,99 $ 3,299 $ 1,359 $ 4,489 10,000 - 19,99 $ 6,598 $ 2,718 $ 8,97 20,000 - 29,99 $ 13,195 $ 5,43 $ 17,95 30,000 - 39,99 $ 19,791 $ 8,15 $ 26,931 40,000 - 49,99 $ 26,3 $ 10,87 $ 35,90 a 49,99 $ 32,980 $ 13,591 $ 44,885 C-1 1 1 1 TEMPORARY RESOLUTION NUMBER 11900 (B) No Fire Rescue Assessment shall be imposed upon a parcel of Government Property or upon a Building located on a parcel of Institutional Property whose Building use is wholly exempt from ad valorem taxation under Florida law. (C) Annexed Parcels shall be exempt from the Fire Rescue Assessment to the extent required by the Local Bill, and their Fire Rescue Assessment as determined through the methodology described herein shall be calculated to comply with the exemption requirements of the Local Bill for such Annexed Parcels. (D) Any shortfall in the expected Fire Rescue proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments. In the event a court of competent jurisdiction determines any exemption or reduction by the Commission is improper or otherwise adversely affects the validity of the Fire Rescue Assessment imposed for this Fiscal Year, the sole and exclusive remedy shall be the imposition of a Fire Rescue Assessment upon each affected Tax Parcel in the amount of the Fire Rescue Assessment that would have been otherwise imposed save for such reduction or exemption afforded to such Tax Parcel by the Commission. 1 '� " TEMPORARY RESOLUTION NUMBER 11900 APPENDIX D FORM OF NOTICE TO BE PUBLISHED n J 1 TEMPORARY RESOLUTION NUMBER 11900 To Be Published by August 24, 2010 [INSERT MAP OF CITY] NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Tamarac will conduct a public hearing to consider reimposing fire rescue special assessments for the provision of fire rescue services within the City of Tamarac for the Fiscal Year beginning October 1, 2010. The hearing will be held at 5:15 p.m. on September 13, 2010, in the City Commission Chambers of City Hall, 7525 Northwest 88th Avenue, Tamarac, 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) 597-3505 at least 72 hours (3 days) prior to the date of the hearing. 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 TEMPORARY RESOLUTION NUMBER 11900 Residential Property Use Category Rate Per Dwelling Unit Dwelling Unit $193 NON-RESIDENTIAL PROPERTY USE CATEGORIES Building Classification in square foot ranges) Commercial Industrial/ Warehouse Institutional r 1,99 $ 66 $ 27 $ 89 2,000 - 3,49 $ 1,32 $ 54 $ 1,79 3,500 - 4,99E $ 2,31 $ 95 $ 3,142 5,000 - 9,99c $ 3,299 $ 1,35 $ 4,489 10,000 - 19,99E $ 6,598 $ 2,711 $ 8,97 20,000 - 29,99 $ 13,195 $ 5,43 $ 17,95 30,000 - 39,994 $ 19,791 $ 8,15 $ 26,931 40,000 - 49,99 $ 26,39 $ 10,87 $ 35,90 n 49,991 $ 32,98 $ 13,59q $ 44,885 Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 0-96-8), the Initial Assessment Resolution (Resolution No. R-96-160), the Final Assessment Resolution (Resolution No. R-96-175), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and re -imposing the Fire Rescue Assessments, and the preliminary Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's Office, City Hall, located at 7525 Northwest 88th Avenue, Tamarac, Florida. The assessments will be collected on the ad valorem tax bill to be mailed in November 2010, 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. If you have any questions, please contact the City Finance Department at (954) 597-3550, Monday through Friday between 8:00 a.m. and 5:00 p.m. CITY CLERK OF TAMARAC, FLORIDA G 1 D-2