Loading...
R08-076 CITY OF BOYNTON BEACH, FLORIDA INITIAL ASSESSMENT RESOLUTION R08-07G:, ADOPTED JULY 1, 2008 , I I 1 TABLE OF CONTENTS 2 3 Page 4 5 SECTION 1. AUTHORITY. .................................................................................. 1 6 SECTION 2. PURPOSE AND DEFINITIONS....................................................... 1 7 SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERViCES......... 7 8 SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE 9 ASSESSMENTS............................................................................. 7 10 SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT 11 AND FAIR APPORTIONMENT ....................................................... 7 12 SECTION 6. COST APPORTIONMENT METHODOLOGy............................... 13 13 SECTION 7. PARCEL APPORTIONMENT METHODOLOGy........................... 14 14 SECTION 8. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; 15 ESTABLISHMENT OF INITIAL FIRE RESCUE 16 ASSESSMENTS........................................................................... 14 17 SECTION 9. ASSESSMENT ROLL................................................................... 15 18 SECTION 10. METHOD OF COLLECTION. ........................................................16 19 SECTION 11. AUTHORIZATION OF PUBLIC HEARING.................................... 16 20 SECTION 12. NOTICE BY PUBLICATION .......................................................... 16 21 SECTION 13. NOTI C E BY MAl L. .. . .. . .. ... .. . .. .. .. .. . .. .. ... .. .. .. .. .. .. . .... ... . .. .. .... .. .. .. .. .. - ... 17 22 SECTION 14. APPLICATION OF ASSESSMENT PROCEEDS .......................... 17 23 SECTION 15. EFFECTIVE DATE........................................................................ 18 24 25 26 APPENDIX A: FIRE RESCUE INCIDENT REPORT 27 TYPE OF SITUATION FOUND CODES ......................................A-1 28 APPENDIX B: FIXED PROPERTY USE CODES................................................ B-1 29 APPENDIX C: IMPROVEMENT CODES............................................................ C-1 30 APPENDIX 0: DOR CODES .. ...... ... ................. ......... .......... ........ ....................... 0-1 31 APPENDIX E: ESTIMATED FIRE RESCUE ASSESSMENT 32 RATE SCHEDULE..................................................................... ..E-1 33 APPENDIX F: PARCEL APPORTIONMENT METHODOLOGy........... ............... F-1 34 APPENDIX G: FORM OF NOTICE TO BE PUBLISHED .................................... G-1 35 APPENDIX H: FORM OF NOTICE TO BE MAILED ........................................... H-1 i " I 1 2 3 RESOLUTION NO. R 08- 0 7~ 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, RELATING TO THE PROVISION OF FIRE 7 RESCUE SERVICES, FACILITIES AND PROGRAMS IN 8 THE CITY OF BOYNTON BEACH, FLORIDA; 9 DESCRIBING THE METHOD OF ASSESSING FIRE 10 RESCUE ASSESSED COSTS AGAINST ASSESSED 11 PROPERTY LOCATED WITHIN THE CITY OF BOYNTON 12 BEACH; DIRECTING THE PREPARATION OF AN 13 ASSESSMENT ROLL; AUTHORIZING A PUBLIC 14 HEARING AND DIRECTING THE PROVISION OF NOTICE 15 THEREOF; AND PROVIDING AN EFFECTIVE DATE. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 18 CITY OF BOYNTON BEACH, FLORIDA: 19 SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions 20 of Ordinance No. 08-Q!], sections 166.021 and 166.041, Florida Statutes, and other 21 applicable provisions of law. 22 SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the 23 Initial Assessment Resolution as defined in the Ordinance. All capitalized words and 24 terms not otherwise defined herein shall have the meanings set forth in the Ordinance. 25 Unless the context indicates otherwise, words imparting the singular number, include the 26 plural number, and vice versa. As used in this resolution, the following terms shall have 27 the following meanings, unless the context hereof otherwise requires: 28 "Building Area" means the adjusted area of a Building expressed in square feet 29 and reflected on the Tax Roll or, in the event such information is not reflected or 1 . , I 1 determined not to be accurately reflected on the Tax Roll, that area determined by the 2 City. 3 "Code Descriptions" mean the descriptions listed in the Fixed Property Use 4 Codes and the Improvement Codes. 5 "Commercial Property" means those Tax Parcels with a Code Description 6 designated as "Commercial" in the Improvement Codes specified in Appendix C. 7 "Cost Apportionment" means the apportionment of the Fire Rescue Assessed 8 Cost among all Property Use Categories according to the Demand Percentages 9 established pursuant to the apportionment methodology described in Section 6 of this 10 Initial Assessment Resolution. 11 "Demand Percentage" means the percentage of demand for fire rescue 12 services, facilities, or programs attributable to each Property Use Category determined 13 by analyzing the historical demand for fire rescue services as reflected in the Fire 14 Rescue Incident Reports in the State Database under the methodology described in 15 Section 6 of this Initial Assessment Resolution. 16 "OOR Code" means a property use code established in Rule 12D-8.008, Florida 17 Administrative Code, assigned by the Property Appraiser to Tax Parcels within the City, 18 attached hereto as Appendix D. 19 "Dwelling Unit" means (1) a Building, or a portion thereof, available to be used 20 for residential purposes, consisting of one or more rooms arranged, designed, used, or 21 intended to be used as living quarters for one family only, or (2) the use of land in which 2 . . I 1 lots or spaces are offered for rent or lease for the placement of mobile homes or the like 2 for residential purposes. 3 "Emergency Medical Services" means those services recorded in Incident 4 Reports that assign a "type of situation found code" of 300, 300N, 311, 32, 321, 322, 5 323,324,381,554 and 661. The "type of situation found codes" are attached hereto as 6 Appendix A. 7 "Emergency Medical Services Cost" means the amount, other than first 8 response medical rescue services, determined by the City Commission to be associated 9 with Emergency Medical Services. 10 "Estimated Fire Rescue Assessment Rate Schedule" means that rate 11 schedule attached hereto as Appendix E and hereby incorporated herein by reference, 12 specifying the Fire Rescue Assessed Costs determined in Section 8 of this Initial 13 Assessment Resolution and the estimated Fire Rescue Assessments established in 14 Section 8 of this Initial Assessment Resolution. 15 "Fire Rescue Assessed Cost" means 16 (1 ) the amount determined by the City Commission to be assessed in any 17 Fiscal Year to fund all or any portion of the cost of the provision of fire rescue services, 18 facilities, or programs which provide a special benefit to Assessed Property, and shall 19 include, but not be limited to, the following components: (A) the cost of physical 20 construction, reconstruction or completion of any required facility or improvement; (B) 21 the costs incurred in any required acquisition or purchase; (C) the cost of all labor, 22 materials, machinery, and equipment; (D) the cost offuel, parts, supplies, maintenance, 3 II I 1 repairs, and utilities; (E) the cost of computer services, data processing, and 2 communications; (F) the cost of all lands and interest therein, leases, property rights, 3 easements, and franchises of any nature whatsoever; (G) the cost of any indemnity or 4 surety bonds and premiums for insurance; (H) the cost of salaries, volunteer pay, 5 workers' compensation insurance, or other employment benefits; (I) the cost of uniforms, 6 training, travel, and per diem; (J) the cost of construction plans and specifications, 7 surveys and estimates of costs; (K) the cost of engineering, financial, legal, and other 8 professional services; (L) the costs of compliance with any contracts or agreements 9 entered into by the City to provide fire rescue services; (M) all costs associated with the 10 structure, implementation, collection, and enforcement of the Fire Rescue Assessments, 11 including any service charges of the Tax Collector, or Property Appraiser and amounts 12 necessary to off-set discounts received for early payment of Fire Rescue Assessments 13 pursuant to the Uniform Assessment Collection Act or for early payment of Fire Rescue 14 Assessments collected pursuant to Section 3.02 of the Ordinance; (N) all other costs 15 and expenses necessary or incidental to the acquisition, provision, or construction of fire 16 rescue services, facilities, or programs, and such other expenses as may be necessary 17 or incidental to any related financing authorized by the City Commission by subsequent 18 resolution; (0) a reasonable amount for contingency and anticipated delinquencies and 19 uncollectible Fire Rescue Assessments; and (P) reimbursement to the City or any other 20 Person for any moneys advanced for any costs incurred by the City or such Person in 21 connection with any of the foregoing components of Fire Rescue Assessed Cost. 4 II I 1 (2) In the event the City also imposes an impact fee upon new growth or 2 development for fire rescue related capital improvements, the Fire Rescue Assessed 3 Cost shall not include costs attributable to capital improvements necessitated by new 4 growth or development that will be paid by such impact fees. 5 (3) In no event shall the Fire Rescue Assessed Cost include any amount 6 attributable to the Emergency Medical Services Cost. 7 "Fire Rescue Incident Reports" means those Incident Reports that do not 8 record Emergency Medical Services. 9 "Fixed Property Use Codes" mean the property use codes used by FFIRS as 10 specified in Appendix B attached hereto and incorporated herein by reference. 11 "FFIRS" means the Florida Fire Incident Reporting System maintained by the 12 Florida State Fire Marshal. 13 "Improvement Codes" mean the building use codes assigned by the Property 14 Appraiser to Tax Parcels within the City as specified in Appendix C attached hereto and 15 incorporated herein by reference. 16 "Incident Report" means an individual report filed with the Florida State Fire 17 Marshal under FFIRS. 18 "lndustriallWarehouse Property" means those Tax Parcels with a Code 19 Description designated as "Industrial/Warehouse" in the Improvement Codes specified in 20 Appendix C. 21 "Institutional Property" means those Tax Parcels with a Code Description 22 designated as "Institutional" in the Improvement Codes specified in Appendix C. 5 II I 1 "Mixed Use Property" means a Tax Parcel that contains Buildings whose use 2 descriptions are capable of assignment under a Code Description in the Improvement 3 Codes in more than one Property Use Category. 4 "Non-Residential Property" means, collectively, Commercial Property, 5 Industrial/Warehouse Property, Institutional Property, and Nursing Home Property. 6 "Nursing Home Property" means those Tax Parcels with a Code Description 7 designated as "Nursing Home" in the Improvement Codes specified in Appendix D. 8 "Parcel Apportionment" means the further apportionment of the Fire Rescue 9 Assessed Cost allocated to each Property Use Category by the Cost Apportionment 10 among the Tax Parcels under the methodology established in Section 7 of this Initial 11 Assessment Resolution. 12 "Property Use Categories" mean, collectively, all categories of Residential 13 Property and all categories of Non-Residential Property. 14 "Residential Property" means, those Tax Parcels with a Code Description 15 designated as "Residential" in the Improvement Codes specified in Appendix C. 16 "State Database" means the incident data specific to the City derived from the 17 FFIRS Incident Reports maintained by the Florida State Fire Marshal. 18 "Tax Parcel" means a parcel of property located within the City to which the 19 Property Appraiser has assigned a distinct ad valorem property tax identification 20 number. 6 " I 1 SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES. 2 (A) Upon the imposition of a Fire Rescue Assessment for fire rescue services, 3 facilities, or programs against Assessed Property located within the City, the City shall 4 provide fire rescue services to such Assessed Property. A portion of the cost to provide 5 such fire rescue services, facilities, or programs shall be funded from proceeds of the 6 Fire Rescue Assessments. The remaining cost required to provide fire rescue services, 7 facilities, and programs shall be funded by legally available City revenues other than Fire 8 Rescue Assessment proceeds. 9 (B) It is hereby ascertained, determined, and declared that each parcel of 10 Assessed Property located within the City will be benefitted by the City's provision of fire 11 rescue services, facilities, and programs in an amount not less than the Fire Rescue 12 Assessment imposed against such parcel, computed in the manner set forth in this Initial 13 Assessment Resolution. 14 SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE 15 ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels 16 within the Property Use Categories. Fire Rescue Assessments shall be computed in the 17 manner set forth in this Initial Assessment Resolution. 18 SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND 19 FAIR APPORTIONMENT. It is hereby ascertained and declared that the Fire Rescue 20 Assessed Costs provide a special benefit to the Assessed Property based upon the 21 following legislative determinations and based upon that certain report entitled "City of 7 , , I 1 Boynton Beach Fire Assessment Memorandum," May 2008, prepared by Government 2 Services Group, Inc., which is hereby incorporated herein by reference. 3 general 4 (A) Upon the adoption of this Initial Assessment Resolution determining the 5 Fire Rescue Assessed Costs and identifying the Assessed Property to be included in the 6 Assessment Roll, the legislative determinations of special benefit ascertained and 7 declared in Section 1.04 of the Ordinance are hereby ratified and confirmed. 8 (B) It is fair and reasonable to use the Improvement Codes and the DOR 9 Codes for the Cost Apportionment and the Parcel Apportionment because: (1) the Tax 10 Roll database employing the use of such property use codes is the most comprehensive, 11 accurate, and reliable information readily available to determine the property use and 12 Building Area for improved property within the City, and (2) the Tax Roll database within 13 such property use codes is maintained by the Property Appraiser and is thus consistent 14 with parcel designations on the Tax Roll which compatibility permits the development of 15 an Assessment Roll in conformity with the requirements of the Uniform Method of 16 Collection. 17 (C) The data available in the Improvement Codes is more useful and accurate 18 to determine Building Area than relying exclusively upon the data maintained in the DOR 19 Code alone because (1) the data maintained in the Improvement Codes reveals the 20 existence of a Building with a different use than the use described on the DOR Code, (2) 21 the Improvement Codes represent records maintained by the Property Appraiser with 22 the most information relative to Building Area regardless of property use and (3) the City 8 . , I 1 conducted field work to ascertain Building use when sufficient information was not 2 available. 3 cost apportionment 4 (D) It is fair and reasonable and consistent with the decision from the Florida 5 Supreme Court in the case of City of North Lauderdale v. SMM Properties. Inc., 825 So. 6 2d 343 (Fla. 2002), to exclude from the Fire Rescue Assessed Cost amounts determined 7 to constitute the Emergency Medical Services Cost. 8 (E) Apportioning the Fire Rescue Assessed Cost among classifications of 9 improved property based upon historical demand for fire rescue services, but not 10 Emergency Medical Services, is fair and reasonable and proportional to the special 11 benefit received. 12 (F) The Fire Rescue Incident Reports are the most reliable data available to 13 determine the potential demand for fire rescue services from property use and to 14 determine the benefit to property use resulting from the availability of fire rescue services 15 to protect and serve Buildings located within Assessed Property and their intended 16 occupants. There exist sufficient Fire Rescue Incident Reports that document the 17 historical demand for fire rescue services from Assessed Property within the Property 18 Use Categories. The Demand Percentage that has been determined for each Property 19 Use Category by an examination of such Fire Rescue Incident Reports is consistent with 20 the experience of the City. Therefore, the use of Demand Percentages that were 21 determined by an examination of Fire Rescue Incident Reports is a fair and reasonable 9 I 1 method to apportion the Fire Rescue Assessed Costs among the Property Use 2 Categories. 3 (G) The historical demand for fire rescue service availability for multi family and 4 single family Residential Property is substantially similar and any difference in the 5 percentage of documented fire rescue calls to such specific property uses is statistically 6 insignificant. 7 (H) As a result of the urbanized character of the City, the suppression of fire on 8 vacant property primarily benefits the Buildings within the adjacent improved property by 9 the containment of the spread of fire rather than the preservation of the vacant property. 10 Therefore, it is fair and reasonable not to apportion any of the Fire Rescue Assessed 11 Costs to vacant property and the Fire Rescue Incident Reports documenting historical 12 fire services provided to vacant property were thus omitted from the Demand 13 Percentage calculation. 14 (I) The level of services required to meet anticipated demand for fire rescue 15 services and the corresponding annual fire rescue budget required to fund fire rescue 16 services provided to non-specific property uses would be required notwithstanding the 17 occurrence of any incidents from such non-specific property uses. Therefore, it is fair 18 and reasonable to omit from the Demand Percentage calculation the Fire Rescue 19 Incident Reports documenting fire rescue services provided to non-specific property 20 uses. 10 , , I 1 residential parcel apportionment 2 (J) Neither the size nor the value of Residential Property determines the scope 3 of the required fire rescue response. The potential demand for fire rescue services is 4 driven by the existence of a Dwelling Unit and the anticipated average occupant 5 population. 6 (K) Apportioning the Fire Rescue Assessed Cost for fire rescue services 7 attributable to Residential Property on a per Dwelling Unit basis is required to avoid cost 8 inefficiency and unnecessary administration and is a fair and reasonable method of 9 Parcel Apportionment based upon historical call data. 10 non-residential parcel apportionment 11 (L) The separation of improved Non-Residential Property by actual square 12 footage is fair and reasonable for the purpose of Parcel Apportionment because the 13 demand for fire rescue service is determined and measured by the actual square 14 footage of structures and improvements within benefited parcels. 15 (M) The demand for the availability of fire rescue services diminishes at the 16 outer limit of Building size because a fire occurring in a structure greater than a certain 17 size is not capable of being suppressed under expected conditions and given the 18 availability of fire control combat personnel, equipment and apparatus within the City. In 19 such circumstances, the fire control activities of the City are directed to avoid the spread 20 of the fire event to adjacent Buildings. Therefore, it is fair and reasonable to place a cap 21 on the Building Area classification of benefitted parcels within Non-Residential Property 22 based on the fire control personnel, equipment and apparatus available within the City. 11 , , I 1 (N) Institutional Property whose use is exempt from ad valorem taxation under 2 Florida law provides facilities and uses to the ownership, occupants, membership as well 3 as the public in general that otherwise might be requested or required to be provided by 4 the City and such property uses serve a legitimate public purpose and provide a public 5 benefit. Therefore, it is fair and reasonable not to impose Fire Rescue Assessments 6 upon such parcels of Institutional Property whose use is exempt from ad valorem 7 taxation under Florida law. Accordingly, pursuant to Section 2.14 of the Ordinance, no 8 Fire Rescue Assessment shall be imposed upon a parcel of Institutional Property whose 9 use is wholly exempt from ad valorem taxation under Florida law. 10 (0) Government Property provides facilities and uses to the community, local 11 constituents and the public in general that serves a legitimate public purpose and 12 provides a public benefit. Therefore, it is fair and reasonable not to impose Fire Rescue 13 Assessments upon such parcels of Government Property pursuant to Section 2.14 of the 14 Ordinance. 15 (P) Nursing Home Property provides facilities for the care of elderly and 16 disabled residents of the City. Such facilities provide a benefit to the public by offering 17 care and assistance to vulnerable members of the community. Therefore, it is fair and 18 reasonable to impose a Fire Rescue Assessment against Nursing Home Property based 19 on the Fire Rescue Assessment rate established for Institutional Property 20 notwithstanding the Demand Percentage determined for Nursing Home Property to 21 avoid increasing the cost of care for the elderly and disabled. 12 . . I 1 SECTION 6. COST APPORTIONMENT METHODOLOGY. 2 (A) Utilizing data from the Fire Rescue Incident Reports related to the type of 3 calls and physical location of each call, the City assigned fire rescue incidents located 4 within the City, to Property Use Categories. 5 (B) Based upon such assignment of Fire Rescue Incident Reports to Property 6 Use Categories, the number of Fire Rescue Incident Reports filed within a sampling 7 period was determined for each Property Use Category. A Demand Percentage was 8 then determined for each Property Use Category by calculating the percentage that Fire 9 Rescue Incident Reports allocated to each Property Use Category bear to the total 10 number of Fire Rescue Incident Reports documented for all Property Use Categories 11 within the sampling period. 12 (C) Appendix C contains a designation of Code Descriptions by Property Use 13 Category with the Improvement Codes. Such correlation between Code Descriptions by 14 Property Use Category on the Fire Rescue Incident Reports and the Improvement 15 Codes is necessary to allocate the historical demand for fire rescue services as reflected 16 by the Fire Rescue Incident Reports for Tax Parcels on the Tax Roll within the Property 17 Use Categories. 18 (D) The Demand Percentage for each Property Use Category was then 19 applied to the Fire Rescue Assessed Costs and the resulting product is the cost 20 allocation of that portion of the Fire Rescue Assessed Costs allocated to each individual 21 Property Use Category. 13 II I 1 SECTION 7. PARCEL APPORTIONMENT METHODOLOGY. 2 (A) The apportionment among Tax Parcels of that portion of the Fire Rescue 3 Assessed Costs allocated to each Property Use Category under the Cost Apportionment 4 shall be consistent with the Parcel Apportionment methodology described and 5 determined in Appendix F, which Parcel Apportionment methodology is hereby 6 approved, adopted, and incorporated into this Initial Assessment Resolution by 7 reference. 8 (B) It is hereby acknowledged that the Parcel Apportionment methodology 9 described and determined in Appendix F is to be applied in the calculation of the 10 estimated Fire Rescue Assessment rates established in Section 8 of this Initial 11 Assessment Resolution. 12 SECTION 8. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; 13 ESTABLISHMENT OF INITIAL FIRE RESCUE ASSESSMENTS. 14 (A) The Fire Rescue Assessed Costs to be assessed and apportioned among 15 benefitted parcels pursuant to the Cost Apportionment and the Parcel Apportionment for 16 the Fiscal Year commencing October 1, 2008, is the amount determined in the 17 Estimated Fire Rescue Assessment Rate Schedule, which is attached hereto as 18 Appendix E and incorporated herein by reference. The approval of the Estimated Fire 19 Rescue Assessment Rate Schedule by the adoption of this Initial Assessment 20 Resolution determines the amount of the Fire Rescue Assessed Cost. The remainder of 21 such Fiscal Year budget for fire rescue services, facilities, and programs shall be funded 22 from legally available City revenue other than Fire Rescue Assessment proceeds. 14 II I 1 (B) The estimated Fire Rescue Assessments specified in the Estimated Fire 2 Rescue Assessment Rate Schedule are hereby established to fund the specified Fire 3 Rescue Assessed Costs determined to be assessed in the Fiscal Year commencing 4 October 1, 2008. No portion of such Fire Rescue Assessed Cost is attributable to 5 impact fee revenue that funds capital improvements necessitated by new growth or 6 development. Further, no portion of such Fire Rescue Assessed Costs are attributable 7 to the Emergency Medical Services Cost. 8 (C) The estimated Fire Rescue Assessments established in this Initial 9 Assessment Resolution shall be the estimated assessment rates applied by the City 10 Manager in the preparation of the preliminary Assessment Roll for the Fiscal Year 11 commencing October 1, 2008, as provided in Section 9 of this Initial Assessment 12 Resolution. 13 SECTION 9. ASSESSMENT ROLL. 14 (A) The City Manager is hereby directed to prepare, or cause to be prepared, a 15 preliminary Assessment Roll for the Fiscal Year commencing October 1, 2008, in the 16 manner provided in the Ordinance. The Assessment Roll shall include all Tax Parcels 17 within the Property Use Categories. The City Manager shall apportion the estimated 18 Fire Rescue Assessed Cost to be recovered through Fire Rescue Assessments in the 19 manner set forth in this Initial Assessment Resolution. 20 (B) A copy of this Initial Assessment Resolution, documentation related to the 21 estimated amount of the Fire Rescue Assessed Cost to be recovered through the 22 imposition of Fire Rescue Assessments, and the preliminary Assessment Roll shall be 15 , , I 1 maintained on file in the office of the City Clerk and open to public inspection. The 2 foregoing shall not be construed to require that the preliminary Assessment Roll be in 3 printed form if the amount of the Fire Rescue Assessment for each parcel of property 4 can be determined by the use of a computer terminal available to the public. 5 (C) It is hereby ascertained, determined, and declared that the method of 6 determining the Fire Rescue Assessments for fire rescue services as set forth in this 7 Initial Assessment Resolution is a fair and reasonable method of apportioning the Fire 8 Rescue Assessed Cost among parcels of Assessed Property located within the City. 9 SECTION 10. METHOD OF COLLECTION. It is hereby declared that 10 pursuant to Section 3.01 of the Ordinance that the Fire Rescue Assessments shall be 11 collected and enforced pursuant the Uniform Assessment Collection Act for Fiscal Year 12 2008-2009. 13 SECTION 11. AUTHORIZATION OF PUBLIC HEARING. There is hereby 14 established a public hearing to be held at 6:30 p.m. on September 9, 2008, in the 15 Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton 16 Beach, Florida, at which time the City Commission will receive and consider any 17 comments on the Fire Rescue Assessments from the public and affected property 18 owners and consider imposing Fire Rescue Assessments. 19 SECTION 12. NOTICE BY PUBLICATION. The City Manager shall publish 20 a notice of the public hearing authorized by Section 11 hereof in the manner and time 21 provided in Section 2.04 of the Ordinance. The notice shall be published no later than 22 August 18, 2008, in substantially the form attached hereto as Appendix G. 16 , , I 1 SECTION 13. NOTICE BY MAIL. The City Manager shall also provide 2 notice by first class mail to the Owner of each parcel of Assessed Property, as required 3 by Section 2.05 of the Ordinance, in substantially the form attached hereto as Appendix 4 H. Such notices shall be mailed no later than August 18, 2008. 5 SECTION 14. APPLICATION OF ASSESSMENT PROCEEDS. The 6 revenue derived from the City's Fire Rescue Assessments will be utilized for the 7 provision of fire rescue services, facilities, and programs, as reflected by the Fire Rescue 8 Assessed Cost. I n the event there is any fund balance remaining at the end of the Fiscal 9 Year, such balance shall be carried forward and used only to fund fire rescue services, 10 facilities, and programs. 17 , , t 1 SECTION 15. EFFECTIVE OA TE. This Initial Assessment Resolution shall 2 take effect immediately upon its passage and adoption. 3 PASSED AND ADOPTED this 1 st day of July, 2008. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 10 t- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 r' 25 ommissioner - Marlene Ross 26 ATTEST: 27 28 29 30 31 t M. Prainito, CMC 32 Clerk 33 34 35 18 I' I APPENDIX A FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES II I I APPENDIX A FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES Situation Found Description EMS Type Call 100 Fire, Other N 111 Building Fire N 112 Fires in structures other than in a building N 113 Cooking fire, confined to a container N 116 Fuel burner/boiler malfunction, fire confined N 118 Trash or rubbish fire, contained N 130 Mobile property (vehicle) fire, other N 131 Passenger vehicle fire N 132 Road freight or transport vehicle fire N 134 Water vehicle fire N 137 Camper or RV fire N 140 Natural vegetation fire N 141 Forest, woods or wildland fire N 142 Brush, or brush and grass mixture fire N 143 Grass fire N 150 Outside rubbish fire, other N 151 Outside rubbish, trash or waste fire N 154 Dumpster or other outside trash receptacle fire N 160 Special outside fire, other N 162 Outside equipment fire N 173 Cultivated trees or nursery stock fire N 200 Overpressure rupture, explosion, overheat, other N 220 Overpressure rupture from air or gas, other N 251 Excessive heat, scorch burns with no ignition N 300 Rescue, EMS call, other Y 300N Rescue, EMS call, other, NON-SPECIFIC FPU Y 311 Medical assist, assist EMS crew Y 32 Emergency medical call Y 321 EMS call, excluding vehicle accident with injury Y 322 Vehicle accident with injuries Y 323 Motor vehicle/pedestrian accident (MV Ped) Y 324 Motor Vehicle Accident, No Injuries Y 331 Lock-in (if lock out, use 511) N 341 Search for person on land N 351 Extrication of victim(s) from building/structure N 353 Removal of victim(s) from stalled elevator N 381 Rescue or EMS standby Y 400 Hazardous condition, other N 410 Flammable gas or liquid condition, other N 411 Gasoline or other flammable liquid spill N 412 Gas leak N 413 Oil or other combustible liquid spill N 440 Electrical wiring/equipment problem, other N 441 Heat from short circuit (wiring), defective/worn N 442 Overheated motor N A-1 . . I Situation Found Description EMS Type Call 443 Light ballast breakdown N 444 Power line down N 445 Arcing, shorted electrical equipment N 460 Accident, potential accident, other N 463 Vehicle accident, general cleanup N 480 Attempted burning, illegal action, other N 500 Service call, other N 510 Person in distress, other N 511 Lock-out N 512 Ring or jewelry removal N 520 Water problem, other N 522 Water or steam leak N 531 Smoke or odor removal N 540 Animal problem, other N 542 Animal rescue N 550 Public service assistance, other N 551 Assist police or other governmental agency N 552 Police matter N 553 Public service N 554 Assist invalid y 555 Defective elevator N 561 Unauthorized buming N 571 Cover assignment, standby, moveup N 600 Good intent call, other N 611 Dispatched & canceled en route N 621 Wrong location N 622 No incident found upon arrival N 641 Vicinity alarm (incident in other location) N 650 Steam, other gas mistaken for smoke, other N 651 Smoke scare, odor of smoke N 652 Steam, vapor, fog or dust thought to be smoke N 653 Barbecue, tar kettle N 661 EMS call, party transported by non-fire agency y 671 Hazmat release investigation wIno hazmat N 700 False alarm or false call, other N 710 Malicious, mischievous false call, other N 711 Municipal alarm system, malicious false alarm N 712 Direct tie to FD, malicious/false alarm N 713 Telephone, malicious false alarm N 714 Central station, malicious false alarm N 715 Local alarm system, malicious false alarm N 721 Bomb scare - no bomb N 730 System malfunction N 731 Sprinkler activation due to malfunction N 733 Smoke detector activation due to malfunction N 734 Heat detector activation due to malfunction N 735 Alarm system sounded due to malfunction N 740 Unintentional transmission of alarm, other N 741 Sprinkler activation, no fire - unintentional N 742 Extinguishing system activation N 743 Smoke detector activation, no fire - unintentional N A-2 1 , I I i Situation Found Description EMS Type Call 744 Detector activation, no fire - unintentional N 745 Alarm system sounded, no fire - unintentional N 746 Carbon monoxide detector activation, no CO N 813 Wind storm, tornado/hurricane assessment N 814 Lightning strike (no fire) N 900 Special type of incident, other, Dumpster fire N 911 Citizen complaint N A-3 " I APPENDIX B FIXED PROPERTY USE CODES , , I APPENDIX B FIXED PROPERTY USE CODES Fixed Property Description Category Assigned Use' 000 FIXED PROP USE UNDETERMINED NON-SPECIFIC 100 UNKNOWN OTHER NON-SPECIFIC 110 FIXED USE RECREATION, OTHER COMMERCIAL 111 BOWLING ESTABLISHMENT COMMERCIAL 113 AMUSEMENT CENTER COMMERCIAL 116 SWIMMING FACILITY COMMERCIAL 120 VARIABLE USE AMUSEMENT/RECREATION COMMERCIAL 121 BALLROOM,GYMNASIUM COMMERCIAL 122 EXHIBITION HALL COMMERCIAL 123 ARENA/STADIUM COMMERCIAL 124 PLAYGROUND COMMERCIAL 129 AMUSEMENT CENTER INDOOR/OUTDOOR COMMERCIAL 130 PLACES OF WORSHIP,CHURCH,FUNERAL PARLOR INSTITUTIONAL 131 CHURCH/CHAPEL INSTITUTIONAL 134 FUNERAL PARLOR/CHAPEL INSTITUTIONAL 140 CLUBS,OTHER COMMERCIAL 141 ATHLETIC CLUBIYMCA COMMERCIAL 142 CLUB HOUSE COMMERCIAL 144 CASINO, GAMBLING CLUBS COMMERCIAL 150 PUBLIC, GOVT, OTHER INSTITUTIONAL 151 LIBRARY INSTITUTIONAL 160 EATING/DRINKING PLACES COMMERCIAL 161 RESTAURANT COMMERCIAL 162 NIGHTCLUB COMMERCIAL 170 TERMINALS OTHER COMMERCIAL 173 BUS TERMINAL COMMERCIAL 181 PERFORMANCE THEATER COMMERCIAL 183 MOVIE THEATER COMMERCIAL 200 EDUCATIONAL PROPERTY OTHER INSTITUTIONAL 210 SCHOOLS NON-ADULT OTHER INSTITUTIONAL 211 PRE-SCHOOL INSTITUTIONAL 213 ELEMENTARY SCHOOL INSTITUTIONAL 215 HIGH SCHOOL/JR HIGH/MIDDLE SCHOOL INSTITUTIONAL 241 COLLEGE/UNIVERSITY INSTITUTIONAL 254 DAY CARE-IN COMMERCIAL PROPERTY COMMERCIAL 255 DAY CARE-IN RESIDENCE-LICENSED COMMERCIAL 300 HEAL THCARE/DETENTION OTHER INSTITUTIONAL 311 CARE OF THE AGED/NURSING STAFF NURSING HOMES 321 MENTAL RETARDATION/DEVELOPMENT DISABILITY INSTITUTIONAL FACILITY 322 ALCOHOL/SUBSTANCE ABUSE RECOVERY CENTER INSTITUTIONAL B-1 , , I Fixed Property Description Category Assigned Use 323 ASYLUM/MENTAL INSTITUTION INSTITUTIONAL 331 HOSPIT AL-MEDICAUPSYCH IATRIC INSTITUTIONAL 340 CLINICS, OTHER INSTITUTIONAL 341 CLINIC, CLINIC-TYPE INFIRMARY INSTITUTIONAL 342 DOCTOR/DENTIST/SURGEONS OFFICE COMMERCIAL 343 HEMODIALYSIS UNIT INSTITUTIONAL 361 JAIL/PRISON - NOT JUVENILE INSTITUTIONAL 365 POLICE STATION INSTITUTIONAL 400 RESIDENTIAL OTHER RESIDENTIAL 4191 ONE-FAMILY DWELLING RESIDENTIAL 4192 TWO-FAMILY DWELLING RESIDEDNTIAL 429 MUL TI-FAMIL Y DWELLINGS RESIDENTIAL 439 ROOMING, BOARDING, RESIDENTIAL HOTELS RESIDENTIAL 449 HOTELS, MOTELS, INNS, LODGES COMMERCIAL 459 RESIDENTIAL BOARD AND CARE NURSING HOMES 460 DORMITORIES OTHER INSTITUTIONAL 500 MERCANTILE PROPERTIES OTHER COMMERCIAL 511 CONVENIENCE STORE COMMERCIAL 519 FOOD, BEVERAGE SALES, GROCERY STORE COMMERCIAL 529 TEXTILE, WEARING APPAREL SALES COMMERCIAL 539 HOUSEHOLD GOODS SALES, REPAIRS COMMERCIAL 549 SPECIALTY SHOPS COMMERCIAL 557 BARBER, BEAUTY SHOP, PERSONAL SERVICES COMMERCIAL 559 RECREATIONAL, HOBBY,HOME SALES, PET STORE COMMERCIAL 564 SELF-SERVICE LAUNDRYIDRY CLEANING COMMERCIAL 569 PROFESSIONAL SUPPLIES COMMERCIAL 571 SERVICE STATION COMMERCIAL 579 MOTOR VEHICLE, BOAT SALES/SERVICE/REPAIRS COMMERCIAL 580 GENERAL ITEM STORES, OTHER COMMERCIAL 581 DEPARTMENT STORE COMMERCIAL 592 BANK W/FIRST STORY BANKING FACILITY COMMERCIAL 593 MEDICAL, RESEARCH, SCIENTIFIC OFFICE COMMERCIAL 596 POST OFFICE OR MAILING FORMS INSTITUTIONAL 599 BUSINESS OFFICES COMMERCIAL 600 BASIC INDUSTRY, UTILITY. DEFENSE OTHER INDUSTRIALlWAREHOUSE 629 LABORATORIES INDUSTRIALlWAREHOUSE 639 COMMUNICATIONS CENTER INDUSTRIALlWAREHOUSE 642 ELECTRIC TRANSMISSION DISTIB. SYSTEM INDUSTRIALlWAREHOUSE 644 GAS DISTRIBUTION SYSTEM, PIPELINE INDUSTRIALIWAREHOUSE 647 WATER UTILITY INDUSTRIALIWAREHOUSE 648 SANITARY SERVICE INDUSTRIALIWAREHOUSE 700 MANUFACTURING PROPERTY, PROCESSING INDUSTRIALlWAREHOUSE 800 STORAGE PROPERTY OTHER INDUSTRIALIWAREHOUSE 880 VEHICLE STORAGE; OTHER INDUSTRIALIWAREHOUSE 882 GENERAL VEHICLE PARKING GARAGE INDUSTRIALlWAREHOUSE B-2 , , I Fixed Property Description Category Assigned Use 888 FIRE STATIONS INSTITUTIONAL 891 GENERAL WAREHOUSE INDUSTRIALlWAREHOUSE 899 RESIDENTIAL OR SELF STORAGE UNITS INDUSTRIALlWAREHOUSE 900 OUTSIDE, SPECIAL PROPERTIES; OTHER NON-SPECIFIC 919 DUMP SANITARY LANDFILL NON-SPECIFIC 921 BRIDGE, TRESTLE NON-SPECIFIC 926 OUTBUILDING, EXCLUDING GARAGE NON-SPECIFIC 931 OPEN LAND, FIELD NOT USED 935 CAMPSITE WITH UTILITIES COMMERCIAL 936 VACANT LOT NOT USED 937 BEACH NON-SPECIFIC 938 GRADED AND CARED FOR PLOTS OF LAND NOT USED 940 WATER AREAS, OTHER NON-SPECIFIC 941 IN OPEN SEA, TIDAL WATERS NON-SPECIFIC 946 LAKE/RIVER/STREAM NON-SPECIFIC 951 RAILROAD RIGHT OF WAY NON-SPECIFIC 952 SWITCH YARD, MARSHALLING YARD NON-SPECIFIC 960 STREET,OTHER NON-SPECIFIC 961 DIVIDED HIGHWAY, HIGHWAY NON-SPECIFIC 962 PAVED PUBLIC STREET, RESIDENTIAL NON-SPECIFIC 963 PAVED PRIVATE STREET, COMMERCIAL NON-SPECIFIC 965 UNCOVERED PARKING AREA NON-SPECIFIC 981 CONSTRUCTION SITE NON-SPECIFIC 983 PIPELINE, POWER LINE RIGHT OF WAY NON-SPECIFIC 984 INDUSTRIAL PLANT YARD INDUSTRIALlWAREHOUSE UUU UNDETERMINED NON-SPECIFIC B-3 . , I APPENDIX C IMPROVEMENT CODES " I APPENOIX C IMPROVEMENT CODES BUC BUC Description Category Name 00 GSG - VACANT/BLDG RAZED Not Used 0000 CONDO ONLY LAND Not Used 0100 SFR Residential 0200 SFT-MFG Residential 0300 SFR-ZERO LOT LINE Residential 0400 CONDO Residential 0410 TOWNHOUSE Residential 0420 TIMESHARE Residential 0430 ZERO LOT LINE Residential 0440 TWNHS-VILLA Residential 0450 SFR-C Residential 0460 CONDO COMM Commercial 0460D DOCK CONDOMINIUM Not Used 0500 EXC-ZERO LOT Not Used 0510 CO-OP Residential 060 EFFICIENCY APT Residential 0600 RENTAL UNIT Residential 0700 EXC TWHSENlLLA Residential 0800 MOBILE HOME Residential 0900 EXC-RESIDENT Residential 0909 EXC-LUXRES Residential 1000 CONDO L.RISE Residential 170 DORMITORY Institutional 210 APARTMENTS Residential 220 APARTMENTS LOW RISE Residential 2200 MFR LOW RISE Residential 230 APARTMENTS HIGH RISE Residential 240 APARTMENTS - TO Residential 2500 MFR ROW HOUSE Residential 260 APARTMENTS - SENIOR Residential 2700 DUPLEX Residential 2800 TRIPLEX Residential 2900 QUADRAPLEX Residential 301 SFR CONVERT TO COMM Commercial 340 COMMERCIAL MIXED Not Used 350 RETAIL SINGLE OCC Commercial 351 DRUG STORE FREE Commercial 360 DISCOUNT DEPT S Commercial 362 VETERINARY CLlN Commercial 364 HOME IMPROVEMEN Commercial 365 FURNITURE STORE Commercial 370 DEPARTMENT STORE Commercial C-1 " I BUC BUC Description Category Name 371 DOWNTOWN ROW TY Commercial 374 RETAil MULTI OCC Commercial 380 STRIP SHOPPING Commercial 390 COMM SHOPPING CTR Commercial 400 REGIONAL SHPMAl Commercial 410 SUPER REG SHOPM Commercial 420 SUPERMARKET Commercial 430 CONVENIENCE FOOD Commercial 440 HOTEUMOTEl BUS Commercial 450 RESORT HOTEL Commercial 460 HOTEUMOTEl lO Commercial 470 HOTEl- HI RISE Commercial 490 OFFICE BlDG UR Commercial 500 OFFICE H-R 5ST Commercial 520 MEDICAL OFFICE Commercial 530 HOSPITALS Institutional 540 NURSING HOME Nursing Homes 550 BARfTAVERN Commercial 551 COCKTAil lOUNGE Commercial 560 RESTAURANT Commercial 570 FRANCHISE FOOD Commercial 580 BOWLING AllEY Commercial 582 SKATING RINK Commercial 583 HEALTH CLUB Commercial 587 COUNTRY CLUB Commercial 588 PRIVATE CLUB Commercial 589 COUNTRY ClUBIW Commercial 590 ARENA Commercial 591 GYMNASIUM Commercial 593 DOG/HORSE TRACK Commercial 600 AUDITORIUM Commercial 610 CINEMAfTHEATER Commercial 614 RADIOfTV/ PIC S Commercial 620 BANK/MAIN OFFIC Commercial 630 NEIGHBORHOOD BA Commercial 640 SERVICE STATION Commercial 641 SERVICE STATION Commercial 650 CAR WASH - AUTO Commercial 651 CAR WASH - MANU Commercial 652 CAR WASH SERVIC Commercial 660 AUTO SERVICE GA Commercial 662 KWIK lUBE Commercial 665 GARAGE STORAGE I ndustriallWarehouse 670 OFFICEIWAREHOUS Not Used 680 FUNERAL HOME Institutional 690 CLUBHOUSE Institutional C-2 " I BUC BUC Description Category Name 691 SOCIAUFRA TERNAL Institutional 695 GUARDHOUSE Commercial 700 COLD STORAGE IndustriallWarehouse 710 RAIUBUS/AIR TE Commercial 712 TELECOMMUNICA TI Commercial 720 PARKING GARAGE IndustriallWarehouse 721 RADIOrrv TRANSM Not Used 730 DAY CARE CENTER Commercial 750 AUTO DEALER/F-S Commercial 800 LIGHT MANUFACTURING IndustriallWarehouse 810 HEAVY MANUFACTURING IndustriallWarehouse 820 WAREHOUSE DISTR IndustriallWarehouse 830 MINI WAREHOUSE IndustriallWarehouse 840 WAREHOUSE STORAGE IndustriallWarehouse 841 WAREHOUSE SINGLE IndustriallWarehouse 850 HANGAR Commercial 860 BARNS Not Used 861 RESIDENTIAL BARN Not Used 870 PREFAB WAREHOUSE IndustriallWarehouse 880 TECHNICAL MANUF I ndustriallWarehouse 900 SCHOOL Institutional 901 COLLEGES / UNIV Institutional 910 RELIGIOUS Institutional 912 LIBRARY Institutional 920 EDUCATION/RELlG Institutional 930 GOVERNMENTAL Institutional 950 POLICE/FIRE STN Institutional 960 CORRECTIONAL Institutional 970 CULTURAL FACILITY Institutional MHPK GSG - MOBILE HOME PARK Residential C-3 II I APPENDIX D OOR CODES " I APPENDIX D DOR CODES DOR Dor Desc 0000 VACANT 0100 SINGLE FAMILY 0200 MOBILE HOME 0210 TANGIBLE MOBILE HOME 0300 MUL TIFAMIL Y 0304 MUL TIFAMIL Y CONDO CONVERSION 0400 CONDOMINIUM 0410 TOWNHOUSENlLLA 0420 TIMESHARE 0430 ZERO LOT LINE 0450 SFR-C 0460 CONDO COMMERCIAL 0469 COMMERCIAL CONDO 0500 MHT COOP 0510 COOPERATIVE 0600 RETIREMENT 0620 LIFE CARE HX 0700 MISC RESIDENCE SFR 0800 MULTIFAMILY < 10 UNITS 1000 VACANT COMMERCIAL 1100 STORES 1200 STORE/OFFICE/RESIDEN TIAL 1300 DEPARTMENT STORE 1400 SUPERMARKET/DRUG STORE 1500 SHOPPING CENTER REGIONAL 1600 SHOPPING CENTER CMMITY 1700 OFFICE ONE STORY 1800 OFFICE MULTISTORY 1900 PROF OFFICES 2000 AIRPORT /MARINA 2100 RESTAURANT 2200 RESTAURANT, DRIVE IN 2300 FINANCIAL 2400 INSURANCE 2500 SERVICE SHOPS 2600 SERVICE ST A TION 2700 AUTO SALES 2800 PKG L T / MH PK 2900 WHOLESALER 3000 FLORIST 3100 DRV-IN THEATER 3200 THTR/AUD/CLBHS D-1 , . I DOR Dor Desc 3300 NIGHT CLUBS 3400 BOWLING ALLEY 3500 TOURIST ATTRAC 3600 CAMPS 3700 RACETRACK 3800 GOLF COURSE 3900 MOTEL 4000 VACANT INDUSTRIAL 4100 LIGHT MFG 4200 HEAVY MFG 4300 LUMBER YARD/MILL 4400 PACKING 4500 BOTTLER 4600 FOOD PROCESSING 4700 MIN PROCESSING 4800 WAREH/DIST TERM 4900 OPEN STORAGE 5000 IMPROVED ARGI 5100 CROP SOIL CLASS 1 5200 CROP SOIL CLASS 2 5300 CROP SOl L CLASS 3 5400 TIMBER SI 90+ 5500 TIMBER SI 80-89 5600 TIMBER SI 70-79 5700 TIMBER SI 60-69 5800 TIMBER SI 50-59 5900 TIMBER NOT CLASSED 6000 GRAGSOIL CLASS 1 6100 GRZGSOIL CLASS2 6200 GRZGSOIL CLASS3 6300 GRZGSOI L CLASS4 6400 GRZGSOIL CLASS5 6500 GRZGSOIL CLASS6 6600 ORCHARD GROVES 6700 POUUBEES/FI SH 6800 EQUESTRIAN 6900 ORN/MISC AGRI 7000 VACANT INSTIT 7100 RELIGIOUS 7200 PRV SCHLlCOLL 7300 PRV HOSPITAL 7400 NURSING HOME 7500 ORPHNG/NON-PROF 7600 MORT/CEMETERY 7700 CLB/LDG/UN HALL 7800 SANI/ REST HOME 7900 CULTURAL 8000 DISTRICTS 8100 MILITARY D-2 " I DOR Dor Desc 8200 FOREST/PKlREC 8300 PUB CTY SCHOOL 8400 COLLEGE 8500 HOSPITAL 8600 CITY INC NONMUNI 8700 STATE 8800 FEDERAL 8900 MUNICIPAL 9000 LEASEHOLD INT 9100 UTILITY 9200 MING/PETRO/GASLND 9300 SUBSURF RIGHTS 9400 RIW - BUFFER 9500 RIVER/LAKES 9600 SEWGIWASTE LAND 9700 OUTDR REC/PARK LAN D 9800 CENTRALL Y ASSESSED 9900 NON AG 9999 EXEMPT D-3 . , I APPENDIX E ESTIMA TED FIRE RESCUE ASSESSMENT RATE SCHEDULE , , I APPENOIX E ESTIMATEO FIRE RESCUE ASSESSMENT RATE SCHEDULE SECTION E1. DETERMINATION OF FIRE RESCUE ASSESSED COSTS. The estimated Fire Rescue Assessed Cost to be assessed for the Fiscal Year commencing October 1, 2008, is $3,851,969. SECTION E2. ESTIMA TED FIRE RESCUE ASSESSMENTS. (A) The estimated Fire Rescue Assessments to be assessed and apportioned among benefitted parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 2008, are hereby established as follows for the purpose of this Initial Assessment Resolution: Property Use Category Rate Per Dwelling Unit Residential $68.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.16 I ndustriallWarehouse $0.04 Institutional $0.17 Nursing Home $0.17 (B) No Fire Rescue Assessment shall be imposed upon a parcel of Government Property or upon the portion of a Building located on a parcel of Institutional Property whose Building use is wholly exempt from ad valorem taxation under Florida law. (C) Any shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds E-1 . . I derived from the Fire Rescue Assessments. It is the legislative determination of the City Commission that in the event a court of competent jurisdiction determines any exemption or reduction by the City Commission 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 and except for such reduction or exemption afforded to such Tax Parcel by the City Commission. E-2 , I I APPENDIX F PARCEL APPORTIONMENT METHODOLOGY " I APPENDIX F 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 F-1. RESIOENTIAL PROPERTY. The Fire Rescue Assessment for each Tax Parcel of Residential Property shall be computed by multiplying the Demand Percentage attributable to each of the residential Property Use Categories by the Fire Rescue Assessed Costs, dividing such product by the total number of Dwelling Units shown on the Tax Roll within the City for the residential Property Use Category, and then multiplying such quotient by the number of Dwelling Units located on such Tax Parcel. SECTION F-2. NON-RESIDENTIAL PROPERTY. The Fire Rescue Assessments for each Building of Non-Residential Property (except Nursing Home Property) shall be computed as follows: (A) Respectively, multiply the Fire Rescue Assessed Cost 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 the appropriate non-residential Property Use Category for that Building. (C) For each non-residential Property Use Category, add the Building square F-1 . , I footage of all the Buildings in each non-residential Property Use Category. All Buildings with a number of square feet exceeding 77,001 will be included in the calculation at 77,001 square feet. This sum 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. (D) Divide the product of subsection (A) of this Section relative to each of the non-residential Property Use Categories by the sum of the square foot allocations for each non-residential Property Use Category described in subsection (C) of this Section. The resulting quotient expresses a dollar amount per square foot of improved area ("the square foot rate") to be used in computing Fire Rescue Assessments on each of the respective non-residential Property Use Categories. (E) For each of the non-residential Property Use Categories, other than Nursing Home Property, multiply the applicable square foot rate calculated under subsection (D) of this Section by the number of square feet, up to 77,001 square feet, for each Building in the non-residential Property Use Categories. The resulting product for each Building expresses the amount of Fire Rescue Assessments to be imposed on each Building of Non-Residential Property. SECTION F-3. NURSING HOME PROPERTY. Notwithstanding the procedure in Section F-2 for Non-Residential Property, the Fire Rescue Assessments for each Building of Nursing Home Property shall be computed as follows: (A) For Nursing Home Property, multiply the square foot rate determined in subsection F-2 of this Section for Institutional Property by the number of square feet, up to 77,001square feet, for each Building of Nursing Home Property. Such amount shall F-2 . . I be the amount of the Fire Rescue Assessments imposed upon each Building of Nursing Home Property. (B) Multiply the amount directed to be imposed as Fire Rescue Assessments on Nursing Home Property in subsection(A) ofthis Section by the total square footage of Buildings related to Nursing Home Property as provided in subsection F-2(C). The resulting product represents the aggregate revenue to be derived from Fire Rescue Assessments imposed upon Nursing Home Property. (C) The remaining portion of the City's fire rescue budget otherwise attributable to Nursing Home Property, and not funded through Fire Rescue Assessments imposed upon Nursing Home Property, shall be funded from legally available City revenue other than Fire Rescue Assessment proceeds. SECTION F-4. MIXED USE PROPERTY. The Fire Rescue Assessments for each Tax Parcel classified in two or more Property Use Categories shall be the sum of the Fire Rescue Assessments computed for each Property Use Category. F-3 . , I APPENDIX G FORM OF NOTICE TO BE PUBLISHED . . I To Be Published by August 18, 2008 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Boynton Beach will conduct a public hearing to consider the imposition of annual fire rescue special assessments for the provision of fire rescue services within the municipal boundaries of the City of Boynton Beach. The hearing will be held at 6:30 p.m. on September 9, 2008, in the Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, 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 (561)742-6013, at least three 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 proposed fire rescue assessment schedules for Fiscal Year 2008-2009 and future fiscal years are as follows: G-1 I Property Use Category Rate Per Dwelling Unit Residential $68.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.16 Industrial/Warehouse $0.04 Institutional $0.17 Nursing Home $0.17 Copies of the Fire Rescue Assessment Ordinance, the Initial Assessment Resolution and the preliminary Assessment Roll are available for inspection at the City Clerk's office in City Hall, located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The fire rescue non-ad valorem assessment will be collected on the ad valorem tax bill to be mailed in November 2008. 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 Finance Department at (561 )732- 6310, Monday through Friday between 9:00 a.m. and 5:00 p.m. [INSERT MAP OF THE CITY OF BOYNTON BEACH] CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA G-2 HYPOLUXO RD . >- ~ ..J ::t: ll:: W l- X >- 0 ll:: <l: III I- ..J :Ii III 0 > ..J CD :z <l: w () 0 III 0 > ..J CD :z <I: I.ti () 0 :z Ave WOOLBRIGHT RD GOLF RD lJ Legend Major Roads c:lCity Limits " 015 0 0.3 0.. "',.. 0 > ..J III :z <I: I.ti NE 22ND ST () 0 :z . , I APPENDIX H FORM OF NOTICE TO BE MAILED . . I APPENDIX H FORM OF NOTICE TO BE MAILED * * * * * NOTICE TO PROPERTY OWNER * * * * * City of Boynton Beach 100 East Boynton Beach Blvd. CITY OF BOYNTON BEACH, FLORIDA Boynton Beach, Florida 33425-0310 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 18, 2008 Owner Name Address Tax Parcel # City, State Zip Legal Description: As required by Section 197.3632, Florida Statutes, and City Ordinance No. 2008- notice is given by the City of Boynton Beach 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, 2008 - September 30,2009. The City has levied a fire rescue special assessment since 2001 pursuant to Ordinance No. 01-34, as amended, which Ordinance sunsets on September 30, 2008. The City has adopted Ordinance No. 08-_ to provide for reenactment of the fire rescue special assessment within the City commencing with the 2008-2009 Fiscal Vear. The purpose of this assessment is to fund fire rescue services benefitting improved property located within the City of Boynton Beach. The total annual fire rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be $3,851 ,969. 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 and types of billing units on the above parcel is The maximum annual fire rescue assessment that can be imposed without further notice for Fiscal Vear 2008-09 and future fiscal years is $ for the above parcel. A public hearing will be held at 6:30 p.m. on September 9, 2008, in the City Commission Chambers, City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida for the purpose of receiving public comment on the proposed assessments. Vou and all other 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 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 H-1 I proceeding should contact the City Clerk's office at (561 )742-6013, at least three 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, the Initial Assessment Resolution and the preliminary assessment roll are available for inspection at the City Clerk's office in City Hall. located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. Pursuant to Chapter 92-264, Laws of Florida, as amended by Chapter 2003-348, Laws of Florida, a special act relating to the County. notice of the fire rescue assessment imposed by the City shall also be included by the Property Appraiser as part of the notice of proposed property taxes under Section 200.069, Florida Statutes, the truth-in-millage notification. 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. Ifthere is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue service assessment, please contact the Finance Department at (561)732-6310, Monday through Friday between 9:00 a.m. and 5:00 p.m. * * * * * THIS IS NOT A BILL * * * * * H-2