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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-202TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION 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, 2000; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 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 and R-96-175; and WHEREAS, pursuant to Ordinance No. 0-96-8, the reimposition of fire rescue assessments for Fiscal Year 2001 requires certain processes such as the preparation of the Assessment Roll; and WHEREAS, annually a Preliminary Rate Resolution describing the method of assessing fire rescue costs against assessed property located within the City, directing the preparation of an assessment roll, authorizing a public hearing and directing the provision Ll TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 of notice thereof is required by Ordinance No. 0-96-8 far the reimposition of the fire rescue assessments; and WHEREAS, the Fourth District Court of Appeal on June 14, 2000 rendered an opinion in the case of SMM Properties, Inc. v. City of North Lauderdale, Case No. 4D98- 3525, stating that emergency medical services do not provide the requisite special benefit to property; and WHEREAS, the Fourth District Court of Appeal in SMM Properties, Inc. v. City of North Lauderdale, reaffirmed that fire suppression, fire prevention, fire/building inspections, and first response medical rescue services provide a special benefit to property; and WHEREAS, in developing the Fire Rescue Assessed Cost, the City has removed the Emergency Medical Services Cost, as that term is further defined herein, from the Fire Rescue Assessment, in order to comply with the ruling in SMM Properties, Inc. v. City of North Lauderdale, Case No. 4D98-3525 (Fla. 4th DCA June 14, 2000); and WHEREAS, the remaining Fire Rescue Assessed Costs are those that the Fourth District Court of Appeal held in SMM Properties, Inc. v. City of North Lauderdale, Case No. 4D98-3525 (Fla. 4th DCA June 14, 2000), provide a special benefit to property; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to adopt this Preliminary Rate Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 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), the Annual Rate Resolution for Fiscal Year commencing October 1, 1997 (Resolution No. R-97-193), the Annual Rate Resolution for Fiscal Year commencing October 1, 1998 (Resolution No. R-98-248), the Annual Rate Resolution for Fiscal Year commencing October 1, 1999 (Resolution No. R-99-231), sections 166.021 and 166.041, Florida Statutes, 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 reimposition of Fire Rescue Assessments for the Fiscal Year beginning October 1, 2000. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa: "Demand Percentage" means the percentage of demand for fire rescue services, facilities, or programs attributable to each Property Use Category determined by analyzing the historical demand for fire rescue services as reflected in the Fire Rescue Incident Reports in the State Database under the methodology described in Section 6 of this Preliminary Rate Resolution. 3 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 "Emergency Medical Services" means those services recorded in Incident Reports that assign a "type of situation found" code that begins with the numeral 3. The "type of situation found codes" are attached hereto as Appendix A. "Emergency Medical Services Cost" means the amount, other than first response medical rescue services, determined by the City Commission that is associated with Emergency Medical Services. "Fire Rescue Assessed Cost" means (1) the amount determined by the City Commission to be assessed in any Fiscal Year to fund all or any portion of the cost of the provision of fire rescue services, facilities, or programs which provide a special benefit to Assessed Property, and shall include, but not be limited to, the following components: (A) the cost of physical construction, reconstruction or completion of any required facility or improvement; (B) the costs incurred in any required acquisition or purchase; (C) the cost of all labor, materials, machinery, and equipment; (D) the cost of fuel, parts, supplies, maintenance, repairs, and utilities; (E) the cost of computer services, data processing, and communications; (F) the cost of all lands and interest therein, leases, property rights, easements, and franchises of any nature whatsoever; (G) the cost of any indemnity or surety bonds and premiums for insurance; (H) the cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits; (1) the cost of uniforms, training, travel, and per diem; (J) the cost of construction plans and specifications, surveys and estimates of costs; (K) the cost of engineering, financial, legal, and other professional services; (L) the costs of compliance with any F TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 contracts or agreements entered into by the City to provide fire rescue services; (M) all costs associated with the structure, implementation, collection, and enforcement of the Fire Rescue Assessments, including any service charges of the Tax Collector, or Property Appraiser and amounts necessary to off -set discounts received for early payment of Fire Rescue Assessments pursuant to the Uniform Assessment Collection Act or for early payment of Fire Rescue Assessments; (N) all other costs and expenses necessary or incidental to the acquisition, provision, or construction of fire rescue services, facilities, or programs, and such other expenses as may be necessary or incidental to any related financing authorized by the City Commission by subsequent resolution; (0) a reasonable amount for contingency and anticipated delinquencies and uncollectible Fire Rescue Assessments; and (P) reimbursement to the City or any other Person for any moneys advanced for any costs incurred by the City or such Person in connection with any of the foregoing components of Fire Rescue Assessed Cost. (2) In the event the City also imposes an impact fee upon new growth or development for fire rescue related capital improvements, the Fire Rescue Assessed Cost shall not include costs attributable to capital improvements necessitated by new growth or development that will be paid by such impact fees. (3) In no event shall the Fire Rescue Assessed Cost include any amount attributable to the Emergency Medical Services Cost. "Fire Rescue Incident Reports" means those Incident Reports that do not record Emergency Medical Services. Ir TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES. (A) Upon the imposition of Fire Rescue Assessments for fire rescue services, facilities, or programs against Assessed Property located within the City, the City shall provide fire rescue services to such Assessed Property. A portion of the cost to provide such fire rescue services, facilities, or programs shall be funded from proceeds of the Fire Rescue Assessments. The remaining cost required to provide fire rescue services, facilities, and programs shall be funded by available City revenues other than Fire Rescue Assessment proceeds. (B) It is hereby ascertained, determined, and declared that each parcel of Assessed Property located within the City will be benefited by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment imposed against such parcel, computed in the manner set forth in this Preliminary Rate Resolution. SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels within the Property Use Categories. Fire Rescue Assessments shall be computed in the manner set forth in this Preliminary Rate Resolution. 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. 6 L TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 general (A) Upon the adoption of this Preliminary Rate Resolution, determining the Fire Rescue Assessed Costs and identifying the Assessed Property to be included in the Assessment Roll, the legislative determinations of special benefit ascertained and declared in Section 1.04 of the Ordinance are hereby ratified and confirmed, to the extent authorized by law. (B) It is fair and reasonable to use the Improvement Codes and the DOR Codes for the Cost Apportionment and the Parcel Apportionment because: (1) the Tax Roll database employing the use of such property use codes is the most comprehensive, accurate, and reliable information readily available to determine the property use and Building Area for improved property within the City, and (2) the Tax Roll database within such property use codes is maintained by the Property Appraiser and is thus consistent with parcel designations on the Tax Roll which compatibility permits the development of an Assessment Roll in conformity with the requirements of the Uniform Method of Collection. (C) The data available in the Improvement Codes is more useful and accurate to determine Building Area than relying exclusively upon the data maintained in the DOR Code alone because (1) the data maintained in the Improvement Codes reveals the existence of a Building with a different use than the use described on the DOR Code, and (2) the Improvement Codes represent records maintained by the Property Appraiser with the most information relative to Building Area regardless of property use. 7 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 cost apportionment (D) It is fair and reasonable and consistent with the decision from the Fourth District Court of Appeal in the case of SMM Properties, Inc_ v, ,City of North Lauderdale, Case No. 4D98-3525 (Fla. 41" DCA June 14, 2000), 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 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 0 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 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. residential parcel apportionment (1) The size or the value of the Residential Property does not determine the scope of the required fire rescue response. The potential demand for fire rescue services is driven by the existence of a Dwelling Unit and the anticipated average occupant population. (J) Apportioning the Fire Rescue Assessed Costs for fire rescue services attributable to Residential Property on a per Dwelling Unit basis is required to avoid cost inefficiency and unnecessary administration and is a fair and reasonable method of Parcel Apportionment based upon historical call data. 9 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 non-residential parcel apportionment (K) The risk of loss and the demand for fire rescue service availability is substantially the same for Buildings below a certain minimum size. Because the value and anticipated occupancy of non-residential Buildings below a certain minimum size is less, it is fair, reasonable and equitable to provide a lesser assessment burden on improved property containing such Buildings by the creation of specific Building Area classification ranges for such parcels. (L) The separation of improved Non -Residential Property into Building Area classification ranges is fair and reasonable for the purposes of Parcel Apportionment because: (1) the absence of a need for precise square footage data within the ad valorem tax records maintained by the Property Appraiser undermines the use of actual Building Area within each improved parcel as a basis for Parcel Apportionment; (2) the administrative expense and complexity created by an on -site inspection to determine the actual Building Area within each improved parcel assessed is impractical; (3) the demand for fire rescue service availability is not precisely determined or measured by the actual Building Area within benefitted parcels; and (4) the classification of parcels within Building Area classification ranges is a fair and reasonable method to classify benefitted parcels and to apportion costs among benefitted parcels that create similar demand for the availability of fire rescue services. (M) The demand for the availability of fire rescue services diminishes at the outer limit of Building size because afire occurring in a structure greater than a certain size is not Me] TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 capable of being suppressed under expected conditions and the fire control activities under such circumstances are directed to avoid the spread of the fire event to adjacent Buildings. Therefore, it is fair and reasonable to place a cap on the Building Area classification of benefitted parcels within Non -Residential Property. (N) Institutional Property whose use is exempt from ad valorem taxation under Florida law provide facilities and uses to the ownership, occupants, membership as well as the public in general that otherwise might be requested or required to be provided by the City and such property uses serve a legitimate public purpose and provide a public benefit. Therefore, it is fair and reasonable not to impose Fire Rescue Assessments upon such parcels of Institutional Property whose use is wholly exempt from ad valorem taxation under Florida law. Accordingly, no Fire Rescue Assessment shall be imposed upon a parcel of Institutional Property whose 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 11 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 Incident Reports allocated to each Property Use Category, bear to the total number of Fire Rescue Incident Reports documented for all Property Use Categories within the sampling period. (C) The Demand Percentage for each Property Use Category was then applied to the Fire Rescue Assessed Costs and the resulting product is the cost allocation of that portion of the Fire Rescue Assessed Costs allocated to each individual Property Use Category. SECTION 7. PARCEL APPORTIONMENT METHODOLOGY. (A) The apportionment among Tax Parcels of that portion of the Fire Rescue Assessed 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. 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 benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the Fiscal Year commencing October 1, 2000, is the amount determined in the Estimated TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 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. A 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, 2000. 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, 2000 as provided in Section 9 of this Preliminary Rate Resolution. SECTION 9. ANNUAL ASSESSMENT ROLL. (A) The City Manager is hereby directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing October 1, 2000, in the manner provided in the Ordinance. The updated Assessment Roll shall include all Tax Parcels within the Property Use Categories. The City Manager shall apportion the estimated Fire 13 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 Rescue Assessed Cost to be recovered through Fire Rescue Assessments in the manner set forth in this Preliminary Rate Resolution. A copy of this Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, documentation related to the estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition of Fire Rescue Assessments, and the updated Assessment Roll shall be maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the updated Assessment Roll proposed for the Fiscal Year beginning October 1, 2000 be in printed form if the amount of the Fire Rescue Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. (B) It is hereby ascertained, determined, and declared that the method of determining the Fire Rescue Assessments for fire rescue services as set forth in this Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property located within the City. SECTION 10. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 6:30 p.m. on September 11, 2000, 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, 2000 and collecting such assessments on the same bill as ad valorem taxes. iLl TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 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 21, 2000, in substantially the form attached hereto as Appendix D. SECTION 12. NOTICE BY MAIL. The City Manager shall also provide notice by first class mail to the Owner of each parcel of Assessed Property, in the event circumstances described in Section 2.08(F) of the Ordinance so require. Such notice shall be in substantially the form attached hereto as Appendix E. Such notices shall be mailed no later than August 21, 2000. SECTION 13. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the City from the Fire Rescue Assessments will be utilized for the provision of fire rescue services, facilities, and programs. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund fire rescue services, facilities, and programs. SECTION 14. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 15. SEVERABILITY. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 15 0 1 1 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 SECTION 16. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 12TH DAY OF JULY, 2000. ATTEST: MARION SDI,- .N ON/CMC CITY"'CLERK' IVHERF�YtwEIRTFYthat I have .. approV. �d this, SOLUTION as to form.;. MITCHELL S. KRAFT CITY ATTORNEY 16 JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER,...,.,,_.., DIST 1: COMM. PORTNER.., DIST 2: COMM. MISHKIN ... DIST 3: COMM. SULTAN CW. DIST 4: VIM ROSEM � E APPENDIX A FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES 1 Ll TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 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 21 classify 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 49 Chemical emergency Hazardous Condition, Standby; not class A-1 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 Situation Found Description 50 Service Call; insufficient information to further classify 51 Lock -out 52 Water evacuation 53 Smoke, odor removal 54 Animal rescue 55 Assist police 56 Unauthorized burning 57 Cover assignment, standby at fire station, move -up 59 Service Call; not class above 60 Good Intent Call 61 Smoke scare 62 Wrong location 63 Controlled burning 64 Vicinity alarm 65 Steam, other gas mistaken for smoke 69 Good Intent Call not classified 70 False call; insufficient information to further classify 71 Malicious, mischievous false call 72 Bomb scare, no bomb 73 System malfunction 74 Unintentional 79 False call not classified above 99 Unclassified situation 1 UVA TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 APPENDIX B PARCEL APPORTIONMENT METHODOLOGY 1 1 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 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: (1) Buildings with a Building Area of less than 1,999 square feet; 101 feet; feet; feet; TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 (2) Buildings with a Building Area between 2,000 square feet and 3,499 square (3) Buildings with a Building Area between 3,500 square feet and 4,999 square (4) Buildings with a Building Area between 5,000 square feet and 9,999 square (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 (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; B-1 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 (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. 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 (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 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. B-2 1 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 (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. ae TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 APPENDIX C ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE 1 1 1 n TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 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, 2000, is $3,061,515. SECTION C-2. ESTIMATED FIRE RESCUE ASSESSMENTS. The estimated Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 2000, are hereby established as follows for the purpose of this Preliminary Rate Resolution: RESIDENTIAL PROPERTY USE CATEGORIES Residential Rate Per Dwelling Unit $ 60 NON-RESIDENTIAL PROPERTY USE CATEGORIES Building Classification (in square foot ranges) Commercial Industrial/ Warehouse Institutional Nursing Home c 1,999 $ 378 $ 175 $ 1,198 $ 288 2,000 - 3,499 $ 756 $ 349 $ 2,395 $ 575 3,500-4,999 $ 1,323 $ 611 $ 4,192 $ 1,007 5,000-9,999 $ 1,890 $ 873 $ 5,988 $ 1,438 10,000 - 19,999 $ 3,780 $ 1,746 $ 11,976 $ 2,876 20,000 - 29,999 $ 7,560 $ 3,492 $ 23,952 $ 5,753 30,000 - 39,999 $ 11,339 $ 5,237 $ 35,928 $ 8,629 40,000 - 49,999 $ 15,119 $ 6,983 $ 47,904 $ 11,505 a 50,000 $ 18,899 $ 8,729 $ 59,880 $ 14,382 C-1 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 APPENDIX D FORM OF NOTICE TO BE PUBLISHED I I TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 APPENDIX D FORM OF NOTICE TO BE PUBLISHED To Be Published by August 21, 2000 [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, 2000. The hearing will be held at 6:30 p.m. on September 11, 2000, 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) 724-1200 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 F 1 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 RESIDENTIAL PROPERTY USE CATEGORIES Residential Rate Per Dwelling Unit $ 60 NON-RESIDENTIAL PROPERTY USE CATEGORIES Building Classification (in square foot ranges) Commercial Industrial/ Warehouse Institutional Nursing Home 1,999 $ 378 $ 175 $ 1,198 $ 288 2,000 - 3,499 $ 756 $ 349 $ 2,395 $ 575 3,500-4,999 $ 1,323 $ 611 $ 4,192 $ 1,007 5,000 - 9,999 $ 1,890 $ 873 $ 5,988 $ 1,438 10,000.19,999 $ 3,780 $ 1,746 $ 11,976 $ 2,876 20,000 - 29,999 $ 7,560 $ 3,492 $ 23,952 $ 5,753 30,000-39,999 $ 11,339 $ 5,237 $ 35,928 $ 8,629 40,000 - 49,999 $ 15,119 $ 6,983 $ 47,904 $ 11,505 n 50,000 $ 18,899 $ 8,729 $ 59,880 $ 14,382 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 Annual Rate Resolution for Fiscal Year commencing October 1, 1997 (Resolution No. R-97-193), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing 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 2000, as authorized by section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the Tamarac Finance Department at (954) 724-1310, Monday through Friday between 9:00 a.m. and 5:00 p.m. IW14 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 CITY CLERK OF TAMARAC, FLORIDA n-3 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 APPENDIX E FORM OF NOTICE TO BE MAILED 1 1 1 1 TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 APPENDIX E FORM OF NOTICE TO BE MAILED * * * * * NOTICE TO PROPERTY OWNER * * * * * City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida, 33321-2401 Owner Name Address City, State Zip CITY OF TAMARAC, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON -AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 21, 2000 Tax Parcel #: Legal Description: Sequence #: As required by section 197.3632, Florida Statutes, and the direction of the City Commission, notice is given by the City of Tamarac that an annual assessment for fire rescue services using the tax bill collection method, may be levied on your property for the fiscal year October 1, 2000 - September 30, 2001. The use of an annual special assessment to fund fire rescue services benefiting improved property located within the City of Tamarac in the past has proven to be fair, efficient and effective. The total annual fire rescue assessment revenue to be collected within the City of Tamarac is estimated to be $ . The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein. The above parcel is classified as The total number of billing units on the above parcel is The annual fire rescue assessment for the above parcel is $ A public hearing will be held at 6:30 p.m. on September 11, 2000, 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. You and all other affected property owners have a right to appear at the hearing and to file written objectic is with the City Commission within 20 days of this E-1 LJ TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 notice. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at (954) 724-1200 at least 72 hours (3 days) prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the 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 Annual Rate Resolution for Fiscal Year commencing October 1, 1997 (Resolution No. R-97-193), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing 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. Both the fire rescue non -ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue assessment, please contact the Tamarac Finance Department at (954) 724-1310, Monday through Friday between 9:00 a.m. and 5:00 p.m. If you have a correction, please fill out the enclosed correction request card and return it to the City immediately. *****THIS ISNOTABILL """"" E-2 1 CITY OF TAMARAC, FLORIDA 1 PRELIMINARY RATE RESOLUTION ADOPTED JULY 12, 2000 1 1 I 1 SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6. SECTION 7. SECTION 8. SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 9. 10. 11, 12. 13. 14. 15. 16. TEMPORARY RESOLUTION NUMBER 9085 7/11 /00 TABLE OF CONTENTS Page AUTHORITY....................................................................................3 PURPOSE AND DEFINITIONS.......................................................3 PROVISION AND FUNDING OF FIRE RESCUE SERVICES ......... 6 IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS.....................................................7 LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT........................................................7 COST APPORTIONMENT............................................................13 PARCEL APPORTIONMENT METHODOLOGY ...........................13 DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES........................................14 ANNUAL ASSESSMENT ROLL....................................................15 AUTHORIZATION OF PUBLIC HEARING....................................16 NOTICE BY PUBLICATION..........................................................16 NOTICEBY MAIL..........................................................................17 APPLICATION OF ASSESSMENT PROCEEDS ..........................17 CONFLICTS..................................................................................17 SEVERABILITY.............................................................................17 EFFECTIVE DATE........................................................................18 APPENDIX A: FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES ............................... I...... 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