Loading...
R12-067 CITY OF BOYNTON BEACH, FLORIDA PRELIMINARY RATE RESOLUTION ADOPTED JULY 17, 2012 TABLE OF CONTENTS Page SECTION 1. AUTHORITY 1 SECTION 2. PURPOSE AND DEFINITIONS 1 SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES 6 SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSIGNMENTS 7 SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT 7 SECTION 6. COST APPORTIONMENT METHODOLOGY 12 SECTION 7. PARCEL APPORTIONMENT METHODOLOGY 13 SECTION 8. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF INITIAL FIRE RESCUE ASSESSMENTS 13 SECTION 9. ASSESSMENT ROLL 14 SECTION 10. METHOD OF COLLECTION 15 SECTION 11. AUTHORIZATION OF PUBLIC HEARING 15 SECTION 12. NOTICE BY PUBLICATION 15 SECTION 13. NOTICE BY MAIL 16 SECTION 14. APPLICATION OF ASSESSMENT PROCEEDS 16 SECTION 15. CONFLICT 16 SECTION 16 SEVERABILITY 16 SECTION 17. EFFECTIVE DATE 16 APPENDIX A: FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES A -1 APPENDIX B FIXED PROPERTY USE CODES B -1 APPENDIX C IMPROVEMENT CODES C -1 APPENDIX D DOR CODES D -1 APPENDIX E ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE E -1 APPENDIX F PARCEL APPORTIONMENT METHODOLOGY F -1 APPENDIX G FORM OF NOTICE TO BE PUBLISHED G -1 i 11 1 RESOLUTION NO. R12 -067 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, 4 FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON S BEACH, FLORIDA; DESCRIBING THE METHOD OF ASSESSING 0 FIRE RESCUE ASSESSED COSTS AGAINST ASSESSED 1 PROPERTY LOCATED WITHIN THE CITY OF BOYNTON BEACH; DIRECTING THE PREPARATION OF AN ASSESSMENT 9 ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING 10 ' THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN 1 1 EFFECTIVE DATE 1 1 1 , I I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 1 THE CITY OF BOYNTON BEACH, FLORIDA: 1 SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of 1 Ordinance No. 08 -017, Resolution R08 -076, Sections 166.021 and 166.041, Florida 1 ; Statutes, and other applicable provisions of law. 1: j SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the I j 1.1 Preliminary Rate Resolution as defined in Ordinance 08 -017 (the "Ordinance "). All 2 capitalized words and terms not otherwise defined herein shall have the meanings set forth 2 in the Ordinance and Resolution R08 -076 ( "Initial Assessment Resolution "). Unless the I i 2• context indicates otherwise, words imparting the singular number, include the plural 2 I number, and vice versa. As used in this resolution, the following terms shall have the 24 following meanings, unless the context hereof otherwise requires: 2' "Building Area" means the adjusted area of a Building expressed in square feet 2: and reflected on the Tax Roll or, in the event such information is not reflected or 2 determined not to be accurately reflected on the Tax Roll, that area determined by the City. 1 11 1 "Code Descriptions" mean the descriptions listed in the Fixed Property Use Codes 2 and the Improvement Codes. ? "Commercial Property" means those Tax Parcels with a Code Description designated as "Commercial" in the Improvement Codes specified in Appendix C. "Cost Apportionment" means the apportionment of the Fire Rescue Assessed Cost among all Property Use Categories according to the Demand Percentages established pursuant to the apportionment methodology described in Section 6 of this Preliminary Rate Resolution. • "Demand Percentage" means the percentage of demand for fire rescue services, 11 facilities, or programs attributable to each Property Use Category determined by analyzing 1 the historical demand for fire rescue services as reflected in the Fire Rescue Incident 1 • Reports in the State Database under the methodology described in Section 6 of this 1 Preliminary Rate Resolution. 14 "DOR Code" means a property use code established in Rule 12D- 8.008, Florida 1' ' Administrative Code, assigned by the Property Appraiser to Tax Parcels within the City, 1 attached hereto as Appendix D. 1 "Dwelling Unit" means (1) a Building, or a portion thereof, available to be used 1: for residential purposes, consisting of one or more rooms arranged, designed, used, or 1 • intended to be used as living quarters for one family only, or (2) the use of land in which 21 lots or spaces are offered for rent or lease for the placement of mobile homes or the like for 21 residential purposes. 2 II ' 1 "Emergency Medical Services" means those services recorded in Incident Reports 2 that assign a "type of situation found code" of 300, 300N, 311, 32, 321, 322, 323, 324, 381, , 554, and 661. 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 to be associated with Emergency Medical Services. "Estimated Fire Rescue Assessment Rate Schedule" means that rate schedule attached hereto as Appendix E and hereby incorporated herein by reference, specifying the ' Fire Rescue Assessed Costs determined in Section 8 of this Preliminary Rate Resolution 11 and the estimated Fire Rescue Assessments established in Section 8 of this Preliminary Rate 1 Resolution. 1. "Fire Rescue Assessed Cost" means: 1 (1) the amount determined by the City Commission to be assessed in any 14 i Fiscal Year to fund all or any portion of the cost of the provision of fire rescue services, 1 ' facilities, or programs, which provide a special benefit to Assessed Property, and shall 1 i include, but not be limited to, the following components: (A) the cost of physical 1 construction, reconstruction or completion of any required facility or improvement; (B) the 1: costs incurred in any required acquisition or purchase; (C) the cost of all labor, materials, 1' machinery, and equipment; (D) the cost of fuel, parts, supplies, maintenance, repairs, and 21 utilities; (E) the cost of computer services, data processing, and communications; (F) the 2 cost of all lands and interest therein, leases, property rights, easements, and franchises of 2. any nature whatsoever; (G) the cost of any indemnity or surety bonds and premiums for 2 insurance; (H) the cost of salaries, volunteer pay, workers' compensation insurance, or other 3 11 1 employment benefits; (1) the cost of uniforms, training, travel, and per diem; (J) the cost of 2 construction plans and specifications, surveys and estimates of costs; (K) the cost of 3 engineering, financial, legal, and other professional services; (L) the costs of compliance 4 with any contracts or agreements entered into by the City to provide fire rescue services; I ' (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 collected pursuant to Section 3.02 of the Ordinance; 11 (N) all other costs and expenses necessary or incidental to the acquisition, provision, or 1 construction of fire rescue services, facilities, or programs, and such other expenses as may 1. be necessary or incidental to any related financing authorized by the City Commission by 1 subsequent resolution; (0) a reasonable amount for contingency and anticipated 14 ' ° delinquencies and uncollectible Fire Rescue Assessments; and (P) reimbursement to the 1' ` City or any other Person for any moneys advanced for any costs incurred by the City or 11 such Person in connection with any of the foregoing components of Fire Rescue Assessed 1 Cost. 1: ? (2) In the event the City also imposes an impact fee upon new growth or 1 • development for fire rescue related capital improvements, the Fire Rescue Assessed Cost 21 shall not include costs attributable to capital improvements necessitated by new growth or 2 development that will be paid by such impact fees. 2. (3) In no event shall the Fire Rescue Assessed Cost include any amount 2 attributable to the Emergency Medical Services Cost. 4 11 l "Fire Rescue Incident Reports" means those Incident Reports that do not record 2 Emergency Medical Services. 3 "Fixed Property Use Codes" mean the property use codes used by FFIRS as 4 specified in Appendix B attached hereto and incorporated herein by reference. 5 "FFIRS" means the Florida Fire Incident Reporting System maintained by the 6 Florida State Fire Marshal. 1 "Improvement Codes" mean the building use codes assigned by the Property Appraiser to Tax Parcels within the City as specified in Appendix C attached hereto and i 4 incorporated herein by reference. 1C "Incident Report" means an individual report filed with the Florida State Fire 1 i Marshal under FFIRS. 1 "Industrial Warehouse Property" means those Tax Parcels with a Code 1 Description designated as "Industrial /Warehouse" in the Improvement Codes specified in 1 i j Appendix C. 1 ' "Institutional Property" means those Tax Parcels with a Code Description 1 E designated as "Institutional" in the Improvement Codes specified in Appendix C. 1 "Mixed Use Property" means a Tax Parcel that contains Buildings whose use 1 descriptions are capable of assignment under a Code Description in the Improvement Codes 1 in more than one Property Use Category. 2C "Non- Residential Property" means, collectively, Commercial Property, 21 Industrial /Warehouse Property, Institutional Property, and Nursing Home Property. 24 "Nursing Home Property" means those Tax Parcels with a Code Description 2 designated as "Nursing Home" in the Improvement Codes specified in Appendix C. j i 5 1 11 1 "Parcel Apportionment" means the further apportionment of the Fire Rescue 2 Assessed Cost allocated to each Property Use Category by the Cost Apportionment among 3 the Tax Parcels under the methodology established in Section 7 of this Preliminary Rate 4 Resolution. "Property Use Categories" mean, collectively, all categories of Residential ii Property and all categories of Non - Residential Property. "Residential Property" means, those Tax Parcels with a Code Description designated as "Residential" in the Improvement Codes specified in Appendix C. "State Database" means the incident data specific to the City derived from the 1 FFIRS Incident Reports maintained by the Florida State Fire Marshal. 111 "Tax Parcel" means a parcel of property located within the City to which the 12, Property Appraiser has assigned a distinct ad valorem property tax identification number. 1 j SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES. 1 ! (A) Upon the imposition of a Fire Rescue Assessment for fire rescue services, 1 facilities, or programs against Assessed Property located within the City, the City shall 1: A provide fire rescue services to such Assessed Property. A portion of the cost to provide 1 I such fire rescue services, facilities, or programs shall be funded from proceeds of the Fire 1: Rescue Assessments. The remaining cost required to provide fire rescue services, facilities, 1 • and programs shall be funded by legally available City revenues other than Fire Rescue 21 Assessment proceeds. No Emergency Medical Services shall be funded from the Fire 21 Rescue Assessment revenues. 2. (B) It is hereby ascertained, determined, and declared that each parcel of 2 Assessed Property located within the City will be benefited by the City's provision of fire 6 11 1 1 rescue services, facilities, and programs in an amount not less than the Fire Rescue 2 Assessment imposed against such parcel, computed in the manner set forth in this 3 Preliminary Rate Resolution. 4 SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE 5 ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels 6 within the Property Use Categories. Fire Rescue Assessments shall be computed in the manner set forth in this Preliminary Rate Resolution. Ei SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND g FAIR APPORTIONMENT. It is hereby ascertained and declared that the Fire Rescue 11, Assessed Costs provide a special benefit to the Assessed Property based upon the following 111' legislative determinations and based upon that certain report entitled "City of Boynton 1 Beach Fire Assessment Memorandum," May 2008, prepared by Government Services 1 Group, Inc., which is hereby incorporated herein by reference. 1 GENERAL 1 5 (A) Upon the adoption of this Preliminary Rate Resolution determining the Fire 111 Rescue Assessed Costs and identifying the Assessed Property to be included in the 1 Assessment Roll, the legislative determinations of special benefit ascertained and declared 1: in Section 1.04 of the Ordinance are hereby ratified and confirmed. 1' (B) It is fair and reasonable to use the Improvement Codes and the DOR Codes 21 of the Cost Apportionment and the Parcel Apportionment because: (1) the Tax Roll 21 database employing the use of such property use codes is the most comprehensive, accurate, 2• and reliable information readily available to determine the property use and Building Area 2 for improved property within the City, and (2) the Tax Roll database within such property 7 { It 1 1 use codes is maintained by the Property Appraiser and is thus consistent with parcel 2 designations on the Tax Roll which compatibility permits the development of an 3 Assessment Roll in conformity with the requirements of the Uniform Method of Collection. 4 (C) The data available in the Improvement Codes is more useful and accurate to 51 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, (2) the Improvement Codes represent records maintained by the Property Appraiser with the most information relative to Building Area regardless of property use and (3) the City conducted 1 field work to ascertain Building use when sufficient information was not available. 11 COST APPORTIONMENT 1 I 1 (D) It is fair and reasonable and consistent with the decision from the Florida 1 Supreme Court in the case of City of North Lauderdale v SMM Properties, Inc , 825 So. 2d 1 343 (Fla. 2002), to exclude from the Fire Rescue Assessed Cost amounts determined to 1 constitute the Emergency Medical Services Cost. 1: : (E) Apportioning the Fire Rescue Assessed Cost among classifications of 1 , improved property based upon historical demand for fire rescue services, but not 1: Emergency Medical Services, is fair and reasonable and proportional to the special benefit 1 • received. 21 (F) The Fire Rescue Incident Reports are the most reliable data available to 21 determine the potential demand for fire rescue services from property use and to determine 2. the benefit to property use resulting from the availability of fire rescue services to protect 2 and serve Buildings located within the Assessed Property and their intended occupants. 8 11 1 1 There exist sufficient Fire Rescue Incident Reports that document the historical demand for 2 fire rescue services from Assessed Property within the Property Use Categories. The 3 Demand Percentage that has been determined for each Property Use Category by an 4 examination of such Fire Rescue Incident Reports is consistent with the experience of the 5 City. Therefore, the use of Demand Percentages that were determined by an examination of 6 Fire Rescue Incident Reports is a fair and reasonable method to apportion the Fire Rescue 7 Assessed Costs among the Property Use Categories. 8 (G) The historical demand for fire rescue service availability for multi- family 9 and single - family Residential Property is substantially similar and any difference in the 10 percentage of documented fire rescue calls to such specific property uses is statistically 111 insignificant. 12 (H) As a result of the urbanized character of the City, the suppression of fire on 13 vacant property primarily benefits the Buildings within the adjacent improved property by 14 the containment of the spread of fire rather than the preservation of the vacant property. 11 Therefore, it is fair and reasonable not to apportion any of the Fire Rescue Assessed Costs 1 E i to vacant property and the Fire Rescue Incident Reports documenting historical fire services 17 ' provided to vacant property were thus omitted from the Demand Percentage calculation. 11 ' (I) The level of services required to meet anticipated demand for the rescue 1 , services and the corresponding annual fire rescue budget required to fund fire rescue 2 ! services provided to non - specific property uses would be required notwithstanding the 211 occurrence of any incidents from such non - specific property uses. Therefore, it is fair and I 2• reasonable to omit from the Demand Percentage calculation the Fire Rescue Incident 2 Reports documenting fire rescue services provided to non - specific property uses. 9 it ] 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 driven 4 by the existence of a Dwelling Unit and the anticipated average occupant population. 5 (K) Apportioning the Fire Rescue Assessed Cost for fire rescue services 6 attributable to Residential Property on a per Dwelling Unit basis is required to avoid cost 1 inefficiency and unnecessary administration and is a fair and reasonable method of Parcel it Apportionment based upon historical call data. 4; (L) The City Commission hereby finds that as a consequence of the transient 1 10 use and potential extraordinary vacancies within Mobile Home Park Property, which i i 1 vacancies result in the absence of structures on unoccupied spaces, as compared to other 121 Residential Property, and within Recreational Vehicle Park Property as compared to other 141 Commercial Property, as well as the lack of demand for fire rescue services for unoccupied i 1 ; spaces which lack structures, it is fair and reasonable to provide for an extraordinary 1 1 vacancy adjustment procedure for Mobile Home Park Property and Recreational Vehicle 11 Park Property, using the procedures established in Resolution R11 -089. 1 1: NON - RESIDENTIAL PARCEL APPORTIONMENT 1' (M) The separation of improved Non - Residential Property by actual square 21 footage is fair and reasonable for the purpose of Parcel Apportionment because the demand 1 < i 2 ! for fire rescue service is determined and measured by the actual square footage of structures 2. and improvements within benefited parcels. 10 11 1 1 (N) The demand for the availability of fire rescue services diminishes at the 2 outer limit of Building size because a fire occurring in a structure greater than a certain size is not capable of being suppressed under expected conditions and given the availability of 4 fire control combat personnel, equipment and apparatus within the City. In such 5 circumstances, the fire control activities of the City are directed to avoid the spread of the 6 fire event to adjacent Buildings. Therefore, it is fair and reasonable to place a cap on the 1' Building Area classification of benefited parcels within Non - Residential Property based on I the fire control personnel, equipment, and apparatus available within the City. (0) Institutional Property whose use is exempt from the valorem taxation under 1 !, Florida law provides facilities and uses to the ownership, occupants, membership as well as 1 I the public in general that otherwise might be requested or required to be provided by the 1 City and such property uses serve a legitimate public purpose and provide a public benefit. 13 Therefore, it is fair and reasonable not to impose Fire Rescue Assessments upon such 14 parcels of Institutional Property whose use is exempt from ad valorem taxation under 1' Florida law. Accordingly, pursuant to Section 2.14 of the Ordinance, no Fire Rescue 1 t Assessment shall be imposed upon a parcel of Institutional Property whose use is wholly 1 exempt from the ad valorem taxation under Florida law. 1: (P) Government Property provides facilities and uses to the community, local 1' constituents and the public in general that serves a legitimate public purpose and provides a 21 public benefit. Therefore, it is fair and reasonable not to impose Fire Rescue Assessments 2 I upon such parcels of Government Property pursuant to Section 2.14 of the Ordinance. 2. (Q) Government Property that is owned by federal government mortgage 2 entities, such as the Fannie Mae, Freddie Mae, VA and HUD, due to foreclosures are 11 11 1 neither serving a governmental purpose nor providing a public benefit but are instead being held by these federal government mortgage entities in a proprietary capacity. Accordingly, these properties shall not be exempted from the Fire Rescue Assessment. (R) Nursing Home Property provides facilities for the care of elderly and disabled residents of the City. Such facilities provide a benefit to the public by offering care and assistance to vulnerable members of the community. Therefore, it is fair and reasonable to impose a Fire Rescue Assessment against Nursing Home Property based on the Fire Rescue Assessment rate established for Institutional Property notwithstanding the '' Demand Percentage determined for Nursing Home Property to avoid increasing the cost of 1 t care for the elderly and disabled. 1 SECTION 6. COST APPORTIONMENT METHODOLOGY. 1. 1 (A) Utilizing data from the Fire Rescue Incident Reports related to the type of 1 calls and physical location of each call, the City assigned fire rescue incidents located la within the City, to Property Use Categories. 1 ' (B) Based upon such assignment of Fire Rescue Incident Reports to Property 11 Use Categories, the number of Fire Rescue Incident Reports filed within a sampling period 1 was determined for each Property Use Category. A Demand Percentage was then 1 ; determined for each Property Use Category by calculating the percentage that Fire Rescue 1' Incident Reports allocated to each Property Use Category bear to the total number of Fire 21 Rescue Incident Reports documented for all Property Use Categories within the sampling 2 period. 2. (C) Appendix C contains a designation of Code Descriptions by Property Use 2 Category with the Improvement Codes. Such correlation between Code Descriptions by 12 II ' 1 Property Use Category on the Fire Rescue Incident Reports and the Improvement Codes is .1 necessary to allocate the historical demand for fire rescue services, as reflected by the Fire i Rescue Incident Reports for Tax Parcels, to the Tax Roll within the Property Use ' Categories. (D) The Demand Percentage for each Property Use Category was then applied to the Fire Rescue Assessed Costs and the resulting product as the cost allocation of that portion of the Fire Rescue Assessed Costs allocated to each individual Property Use : Category. ' SECTION 7. PARCEL APPORTIONMENT METHODOLOGY. 11 (A) The apportionment among Tax Parcels of that portion of the Fire Rescue 1 Assessed Costs allocated to each Property Use Category under the Cost Apportionment 1. shall be consistent with the Parcel Apportionment methodology described and determined 1 in Appendix F, which Parcel Apportionment methodology is hereby approved, adopted, and 1' incorporated into this Preliminary Rate Resolution by reference. 1 ' (B) It is hereby acknowledged that the Parcel Apportionment methodology IA described and determined in Appendix F is to be applied in the calculation of the estimated 1 Fire Rescue Assessment rates established in Section 8 of this Preliminary Rate Resolution. 1: SECTION 8. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; 1' ESTABLISHMENT OF PRELIMINARY FIRE RESCUE ASSESSMENTS. 21 (A) The Fire Rescue Assessed Costs to be assessed and apportioned among 2 benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the 2. Fiscal Year commencing October 1, 2012, is the amount determined in the Estimated Fire 2 Rescue Assessment Rate Schedule, which is attached hereto as Appendix E and 13 11 1 incorporated herein by reference. The approval of the Estimated Fire Rescue Assessment 1 1 4 1 Rate Schedule by the adoption of this Preliminary Rate Resolution determines the amount I of the Fire Rescue Assessed Cost. The remainder of such Fiscal Year budget for fire rescue services, facilities, and programs shall be funded from legally available City revenue other ' than Fire Rescue Assessment proceeds. ■ (B) The estimated Fire Rescue Assessments specified in the Estimated Fire Rescue Assessment Rate Schedule are hereby established to fund the specified Fire Rescue Assessed Costs determined to be assessed in the Fiscal Year commencing October 1, 2012. ' No portion of such Fire Rescue Assessed Cost is attributable to impact fee revenue that 11 funds capital improvements necessitated by new growth or development. Further, no 1 portion of such Fire Rescue Assessed Costs are attributable to the Emergency Medical 1. Services Cost. 1 (C) The estimated Fire Rescue Assessments established in this Preliminary Rate 14 Resolution shall be the estimated assessment rates applied by the City Manager in the 1' preparation of the preliminary Assessment roll for the Fiscal Year commencing October 1, 11 2012, as provided in Section 9 of this Preliminary Rate Resolution. 1 SECTION 9. ASSESSMENT ROLL. 1 : (A) The City Manager is hereby directed to prepare, or cause to be prepared, a 1' preliminary Assessment Roll for the Fiscal Year commencing October 1, 2012, in the 21 manner provided in the Ordinance. The Assessment Roll shall include all Tax Parcels 2 within the Property Use Categories. The City Manager shall apportion the estimated Fire 2. Rescue Assessed Cost to be recovered through Fire Rescue Assessments in the manner set 2 forth in this Preliminary Rate Resolution. 14 11 i (B) A copy of this Preliminary Rate Resolution, documentation related to the I estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition 11 of Fire Rescue Assessments, and the preliminary Assessment Roll shall be maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be ' construed to require that the preliminary Assessment Roll be in printed form if the amount i of the Fire Rescue Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. : (C) It is hereby ascertained, determined, and declared that the method of ' determining the Fire Rescue Assessments for fire rescue services as set forth in this 11 Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire 1 Rescue Assessed Cost among parcels of Assessed Property located within the City. 1 SECTION 10. METHOD OF COLLECTION. It is hereby declared that pursuant to 1 Section 3.01 of the Ordinance that the Fire Rescue Assessments shall be collected and 14 enforced pursuant to the Uniform Assessment Collection Act for Fiscal Year 2012 -2013. 1 ' SECTION 11. AUTHORIZATION OF PUBLIC HEARING. There is hereby 11 established a public hearing to be held at 6:30 p.m. on September 13, 2012, in the 1 Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, 1: Florida, at which time the City Commission will receive and consider any comments on the 1' Fire Rescue Assessments from the public and affected property owners and consider 21 imposing Fire Rescue Assessments. 2 SECTION 12. NOTICE BY PUBLICATION. The City Manager shall publish a notice 2• of the public hearing authorized by Section 11 hereof in the manner and time provided in 15 Section 2.04 of the Ordinance. The notice shall be published no later than August 23, 2012, in substantially the form attached hereto as Appendix G. SECTION 13. NOTICE BY MAIL. The City Manager shall also provide mailed notice to the Owner of each parcel of Assessed Property, as required by Section 2.05 of the Ordinance, no later than August 23, 2012, for the public hearing authorized by Section 11 hereof. SECTION 14. APPLICATION OF ASSESSMENT PROCEEDS. The revenue derived from the City's Fire Rescue Assessments will be utilized for the provision of fire rescue ' services, facilities, and programs, as reflected by the Fire Rescue Assessed Cost. In the 11 event there is any fund balance remaining at the end of the Fiscal Year, such balance shall 1 be carried forward and used only to fund fire rescue services, facilities, and programs. No 1 1 Emergency Medical Services shall be funded from the Fire Rescue Assessment revenues. 1 SECTION 15. CONFLICTS. All resolutions or parts of resolutions in conflict herewith 14 are hereby repealed to the extent of such conflict. 1' SECTION 16. SEVERABILITY. If any clause, section, other part or application of 11 resolution is held by any Court of competent jurisdiction to be unconstitutional or invalid, 1 in part or application, it shall not affect the validity of the remaining portions or applications 1: of this Resolution. 1' SECTION 17. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect 21 immediately upon its passage and adoption. 16 11 1 PASSED AND ADOPTED this 17th day of July, 2012 2 CITY OF OYNTON BEAC • , FLORIDA 4 / f►`� ; /is`/ Mayor -_. c.s'o. • ' •� • I ' C_- • ice Mayor - Mack McCray 111! 1 Co • i .'o. r - 1 1 1 ' 11 ATTEST: 1 Commissioner- Marlene Ross 1' ( fil i 24. 2 Jan M. Prainito, M. MC 2. C C1er, 2 b� 24 (C• i H 1 \9 ±11 ':B\Fire As ent \Preliminary Rate Resolutim 2012 doe a O fy 0 17 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 bums 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 lnjunes 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 wrong /equipment problem, other N 441 Heat from short circuit (wiring), defective /worn N 442 Overheated motor N 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 Situation Found Description EMS Type Call 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 burning 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 w /no 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 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 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 CLUB /YMCA 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 HEALTHCARE /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 323 ASYLUM/MENTAL INSTITUTION INSTITUTIONAL 331 HOSPITAL - MEDICAL/PSYCHIATRIC 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 Fixed Property Description Category Assigned Use 429 MULTI - FAMILY 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 LAUNDRY /DRY 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 WJFIRST 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 INDUSTRIAL /WAREHOUSE 629 LABORATORIES INDUSTRIAL /WAREHOUSE 639 COMMUNICATIONS CENTER INDUSTRIAL /WAREHOUSE 642 ELECTRIC TRANSMISSION DISTIB SYSTEM INDUSTRIAL /WAREHOUSE 644 GAS DISTRIBUTION SYSTEM, PIPELINE INDUSTRIAL /WAREHOUSE 647 WATER UTILITY INDUSTRIAL /WAREHOUSE 648 SANITARY SERVICE INDUSTRIAL /WAREHOUSE 700 MANUFACTURING PROPERTY, PROCESSING INDUSTRIAL /WAREHOUSE 800 STORAGE PROPERTY OTHER INDUSTRIAL /WAREHOUSE 880 VEHICLE STORAGE, OTHER INDUSTRIAL /WAREHOUSE 882 GENERAL VEHICLE PARKING GARAGE INDUSTRIAL /WAREHOUSE 888 FIRE STATIONS INSTITUTIONAL 891 GENERAL WAREHOUSE INDUSTRIAL /WAREHOUSE 899 RESIDENTIAL OR SELF STORAGE UNITS INDUSTRIAL /WAREHOUSE 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 Fixed Property Description Category Assigned Use 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 INDUSTRIAL /WAREHOUSE UUU UNDETERMINED NON - SPECIFIC APPENDIX C IMPROVEMENT CODES BUC BUC DESCRIPTION CATEGORY NAME 00 GSG - VACANT/BLDG RAZED NOT USED 0000 CONDO ONLY LAND NOT USED 0010 VACANT TOWNHOUSE NOT USED 0030 VACANT ZERO LOT LINE NOT USED 0100 SFR RESIDENTIAL 0110 TOWNHOUSE -COMM ZONING RESIDENTIAL 0130 ZERO LOT LINE RESIDENTIAL 0150 SFR -C 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 ASSIGNED BY FIELDWORK 0510 CO -OP RESIDENTIAL 060 EFFICIENCY APT RESIDENTIAL 0600 RENTAL UNIT RESIDENTIAL 0700 EXC TWHSE/VILLA RESIDENTIAL 0800 MOBILE HOME RESIDENTIAL 0900 EXC - RESIDENT RESIDENTIAL 0909 EXC- LUX.RES 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 ASSIGNED BY FIELDWORK 350 RETAIL SINGLE OCC COMMERCIAL 351 DRUG STORE FREE COMMERCIAL 360 DISCOUNT DEPT S COMMERCIAL 361 MEGA DISCOUNT STORE COMMERCIAL 362 VETERINARY CLIN COMMERCIAL 364 HOME IMPROVEMEN COMMERCIAL 365 FURNITURE STORE COMMERCIAL 370 DEPARTMENT STORE COMMERCIAL 371 DOWNTOWN ROW TY COMMERCIAL 374 RETAIL MULTI OCC COMMERCIAL 380 STRIP SHOPPING COMMERCIAL 390 COMM SHOPPING CTR COMMERCIAL BUC BUC DESCRIPTION CATEGORY NAME 400 REGIONAL SHPMAL COMMERCIAL 410 SUPER REG SHOPM COMMERCIAL 420 SUPERMARKET COMMERCIAL 430 CONVENIENCE FOOD COMMERCIAL 440 HOTEL /MOTEL BUS COMMERCIAL 450 RESORT HOTEL COMMERCIAL 460 HOTEL/MOTEL LO COMMERCIAL 470 HOTEL- HI RISE COMMERCIAL 490 OFFICE BLDG L/R COMMERCIAL 500 OFFICE H -R 5ST COMMERCIAL 520 MEDICAL OFFICE COMMERCIAL 530 HOSPITALS INSTITUTIONAL 540 NURSING HOME NURSING HOMES 550 BAR/TAVERN 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 CLUB /W GOLF CRSE COMMERCIAL 590 ARENA COMMERCIAL 591 GYMNASIUM COMMERCIAL 593 DOG /HORSE TRACK COMMERCIAL 600 AUDITORIUM COMMERCIAL 610 CINEMA /THEATER COMMERCIAL 614 RADIO /TV/ PIC S COMMERCIAL 620 BANK/MAIN OFFIC COMMERCIAL 630 NEIGHBORHOOD BANK 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 GARAGE COMMERCIAL 662 KWIK LUBE COMMERCIAL 665 GARAGE STORAGE INDUSTRIAL /WAREHOUSE 670 OFFICE /WAREHOUS ASSIGNED BY FIELDWORK 680 FUNERAL HOME INSTITUTIONAL 690 CLUBHOUSE INSTITUTIONAL 691 SOCIAL /FRATERNAL INSTITUTIONAL 695 GUARDHOUSE COMMERCIAL 700 COLD STORAGE INDUSTRIAL /WAREHOUSE 710 RAIL /BUS /AIR TE COMMERCIAL 712 TELECOMMUNICATI COMMERCIAL 720 PARKING GARAGE INDUSTRIAL /WAREHOUSE 721 RADIO /TV TRANSM ASSIGNED BY FIELDWORK 730 DAY CARE CENTER COMMERCIAL 750 AUTO DEALER/F -S COMMERCIAL 800 LIGHT MANUFACTURING INDUSTRIAL /WAREHOUSE 810 HEAVY MANUFACTURING INDUSTRIAL /WAREHOUSE BUC BUC DESCRIPTION CATEGORY NAME 820 WAREHOUSE DISTR INDUSTRIAL /WAREHOUSE 830 MINI WAREHOUSE INDUSTRIAL /WAREHOUSE 840 WAREHOUSE STORAGE INDUSTRIAL /WAREHOUSE 841 WAREHOUSE SINGLE INDUSTRIAL /WAREHOUSE 850 HANGAR COMMERCIAL 860 BARNS NOT USED 861 RESIDENTIAL BARN NOT USED 870 PREFAB WAREHOUSE INDUSTRIAL /WAREHOUSE 880 TECHNICAL MANUF INDUSTRIAL /WAREHOUSE 900 SCHOOL INSTITUTIONAL 901 COLLEGES / UNIV INSTITUTIONAL 910 RELIGIOUS INSTITUTIONAL 912 LIBRARY INSTITUTIONAL 920 EDUCATION /RELIG INSTITUTIONAL 930 GOVERNMENTAL INSTITUTIONAL 950 POLICE/FIRE STN INSTITUTIONAL 960 CORRECTIONAL INSTITUTIONAL 970 CULTURAL FACILITY INSTITUTIONAL MHPK MOBILE HOME PARK RESIDENTIAL APPENDIX D DOR CODES DOR Code DOR Description 0000 VACANT 0010 VACANT TOWNHOUSE 0030 VACANT ZERO LOT LINE 0050 VACANT SFR CONDO 0100 SINGLE FAMILY 0101 SINGLE FAMILY -COMM ZONING 0104 SINGLE FAMILY -IND ZONING 0110 SINGLE FAMILY -COMM ZONING 0130 ZERO LOT LINE 0140 SINGLE FAMILY -IND ZONING 0150 SFR -C 0200 MOBILE HOME 0210 TANGIBLE MOBILE HOME 0300 MULTIFAMILY 0304 MULTIFAMILY CONDO CONVERSION 0305 MULTIFAMILY > 10 UNITS Income Restricted 0400 CONDOMINIUM 0410 TOWNHOUSE/VILLA 0420 TIMESHARE 0430 ZERO LOT LINE 0450 SFR -C 0460 CONDO COMMERCIAL 0469 COMMERCIAL CONDO 0500 MHT COOP 0510 COOPERATIVE 0600 RETIREMENT 0605 RETIREMENT Income Restricted 0620 LIFE CARE HX 0700 MISC RESIDENCE SFR 0800 MULTIFAMILY < 10 UNITS 0801 MULTIFAMILY < 10 UNITS -COMM ZONING 0804 MULTIFAMILY < 10 UNITS -IND ZONING 0810 MULTIFAMILY < 10 UNITS -COMM ZONING 0840 MULTIFAMILY < 10 UNITS -IND ZONING 1000 VACANT COMMERCIAL 1 100 STORES 1200 STORE /OFFICE /RESIDENTIAL 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 2012 WORKING WATERFRONT 2100 RESTAURANT 2200 RESTAURANT, DRIVE IN 2300 FINANCIAL 2400 INSURANCE 2500 SERVICE SHOPS 2600 SERVICE STATION DOR Code DOR Description 2700 AUTO SALES 2800 PKG LT / MH PK 2900 WHOLESALER 3000 FLORIST 3100 DRV -IN THEATER 3200 THTR/AUD /CLBHS 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 4960 CONDO - NON RESIDENTIAL 4969 COMMERCIAL CONDO 5000 IMPROVED ARGI 5100 CROP SOIL CLASS 1 5200 CROP SOIL CLASS 2 5300 CROP SOIL 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 GRZGSOIL CLASS4 6400 GRZGSOIL CLASS5 6500 GRZGSOIL CLASS6 6600 ORCHARD GROVES 6700 POUL /BEES /FISH 6800 EQUESTRIAN 6900 ORN /MISC AGRI 7000 VACANT INSTIT 7100 RELIGIOUS 7200 PRV SCHL /COLL 7300 PRV HOSPITAL 7400 NURSING HOME 7500 ORPHNG/NON -PROF 7600 MORT /CEMETERY 7700 CLB /LDG/UN HALL DOR Code DOR Description 7800 SANI/ REST HOME 7900 CULTURAL 8000 DISTRICTS 8100 MILITARY 8200 FOREST /PK /REC 8205 TRANSFER DEVELOPMENT RIGHTS 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 R/W - BUFFER 9500 RIVER/LAKES 9600 SEWG /WASTE LAND 9700 OUTDR REC /PARK LAND 9800 CENTRALLY ASSESSED 9900 NON AG 9999 EXEMPT APPENDIX E ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE SECTION El. DETERMINATION OF FIRE RESCUE ASSESSED COSTS. The estimated Fire Rescue Assessed Cost to be assessed for the Fiscal Year commencing October 1, 2012, is $5,809,640. SECTION E2. ESTIMATED FIRE RESCUE ASSESSMENTS. (A) The estimated Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 2012, are hereby established as follows for the purpose of this Preliminary Assessment Resolution: Property Use Category Rate Per Dwelling Unit Residential $88.00 Non - Residential Property Use Categories Rate Per Square Foot Commercial $0.20 Industrial /Warehouse $0.05 Institutional $0.22 Nursing Home $0.22 (B) No Fire Rescue Assessment shall be imposed upon a parcel of Government Property (except as provided in Section 5(Q) of this Preliminary Assessment Resolution) 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 (including without limitation any approved Hardship E -1 Waivers or Deferrals or Mobile Home Vacancy Adjustments) shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments. 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 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 RESIDENTIAL PROPERTY. The Fire Rescue Assessment for each Tax Parcel of Residential Property shall be computed by multiplying the Demand Percentage attributable to the Residential Property Use Category 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. F -1 (C) For each Non - Residential Property Use Category, add the Building square 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 Assessment 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 F -2 77,001 square feet, for each Building of Nursing Home Property. Such amount shall 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) of this 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 APPENDIX G FORM OF NOTICE TO BE PUBLISHED To Be Published by August 23, 2012 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 13, 2012, 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 -6060, 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 G -1 fire rescue assessment schedule for Fiscal Year 2012 -2013 is as follows: Property Use Category Rate Per Dwelling Unit Residential $88.00 Non - Residential Property Use Categories Rate Per Square Foot Commercial $0.20 Industrial /Warehouse $0.05 Institutional $0.22 Nursing Home $0.22 Copies of the Fire Rescue Assessment Ordinance, the Initial Assessment Resolution, the Preliminary Rate 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 2012. 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) 742 -6310, Monday through Thursday between 7:00 a.m. and 6:00 p.m. [INSERT MAP OF THE CITY OF BOYNTON BEACH] CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA G -2