HomeMy WebLinkAboutR-98-0034J-98-57
1-13-98
RESOLUTION NO. 9 34
A RESOLUTION, WITH ATTACHMENTS, RELATING TO
THE PROVISION OF FIRE RESCUE SERVICES,
FACILITIES AND PROGRAMS IN THE CITY OF MIAMI,
FLORIDA; DESCRIBING THE METHOD OF ASSESSING
FIRE RESCUE ASSESSED COSTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN THE CITY OF MIAMI;
DIRECTING THE PREPARATION OF AN ASSESSMENT
ROLL; AUTHORIZING A PUBLIC HEARING AND
DIRECTING THE PROVISION OF NOTICE THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Authority. This Resolution is hereby adopted
pursuant to the provisions of Ordinance No. 11584, adopted
January 13, 1998, creating Chapter 19.5 to the Code of the City
of Miami, Florida, as amended (the "Code"), Sections 166.021 and
166.041, Florida Statutes, and other applicable provisions of
law.
Section 2. Purpose and definitions. This Resolution
constitutes the Initial Assessment Resolution as defined in
Chapter 19.5 of the Code. All capitalized words and terms not
otherwise defined herein shall have the meanings set forth in
Chapter 19.5 of the Code. Unless the context indicates
otherwise, words imparting the singular number, include the
plural number, and vice versa.
ATTACHMENT(S)S
A: CONTAINED I
CITY C01�S$tO1t
MEETING OF
JAN 13 IM
Rogow = No.
As used in this Resolution, the following terms shall have
the following meanings, unless the context hereof otherwise
requires:
"Building Area" means the adjusted area of a Building
expressed in square feet and reflected on the Tax Roll or, in the
event such information is not reflected or determined not to be
accurately reflected on the Tax Roll, that area determined by the
City.
"Code Descriptions" mean the code descriptions for the CLUC
Codes in Appendices A and B.
"Commercial Property" means those Tax Parcels with a Code
Description designated as "Commercial" in the CLUC Codes
specified in Appendix B.
"Community Service Parcel" means Institutional Property,
whose use is also wholly exempt from ad valorem taxation under
Florida law, which is predominately used for eleemosynary,
community service, religious, cultural, literary, health care,
benevolent and scientific purposes (including substantially all
of those Tax Parcels classified by the following CLUC Codes:
0042 - "Club or Hall - Private;" 0043 - "Health Care;" 0044 -
"Religious;" 0050 - "Cultural - Literary;" 0055 - "Benevolent;"
0056 - "Scientific;" and 0058 - "YMCA - YWCA").
"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 Initial
Assessment Resolution.
2 -
9- 34
"County Land Use Codes" or "CLUC Codes" mean the use codes
assigned by the Property Appraiser to Tax Parcels within the City
which are identified in Appendix A attached hereto and
incorporated herein by reference.
"Demand Percentage" means the percentage of demand for fire
rescue services, facilities, or programs attributable to each
Property Use Category determined by analyzing the historical
demand for fire rescue services as reflected in Incident Reports
in the MPDS database under the methodology described in Section 6
of this Initial Assessment Resolution.
"Dwelling Unit" means (1) a Building, or a portion thereof,
available to be used for residential purposes, consisting of one
or more rooms arranged, designed, used, or intended to be used as
living quarters for one family only, or (2) the use of land in
which lots or spaces are offered for rent or lease for the
placement of mobile homes, travel trailers, or the like for
residential purposes.
"Estimated Fire Rescue Assessment Rate Schedule" means that
rate schedule attached hereto as Appendix C which is incorporated
herein by reference, specifying the Fire Rescue Assessed Costs
determined in Section 8 of this Initial Assessment Resolution and
the estimated Fire Rescue Assessments established in Section 8 of
this Initial Assessment Resolution.
"General Governmental/Educational Parcels" means Tax Parcels
predominately used for general governmental or educational
purposes (including substantially all of those Tax Parcels
classified by the following CLUC Codes: 0040 - "Municipal;" 0041
- 3 - 9R- 34
- "Educational - Private;" 0045 - "Public Administration;" 0046 -
"Penal Institution;11 0047 - "Dade County;11 0048 - "Board of
Public Instruction;" 0049 - "Mixed Use - Governmental;" 0085 -
"South Florida Water Management District;" 0086 - "Trustee II
Fund;" 0098 - "Federal;" and 0099 - "State of Florida").
"Incident Report" means an individual report utilizing the
MPDS utilized by the City to report its fire rescue incidents.
"Industrial/Warehouse Property" means those Tax Parcels with
a Code Description designated as "Industrial/Warehouse" in the
CLUC Codes specified in Appendix B.
"Institutional Property" means those Tax Parcels with a Code
Description designated as "Institutional" in the CLUC Codes
specified in Appendix B.
"Mixed Use Property" means a Tax Parcel that contains
Buildings whose use descriptions are capable of assignment under
a Code Description in the CLUC Code in more than one Property Use
Category.
"MPDS" means the Medical Priority Dispatch System utilized
by the City to report fire rescue incidents.
"Multi -Family Property" means those Tax Parcels with a Code
Description designated as "Multi -Family" in the CLUC Codes
specified in Appendix B.
"Non -Residential Property" means, collectively, Commercial
Property, Industrial/Warehouse Property, and Institutional
Property.
"Parcel Apportionment" means the further apportionment of
the Fire Rescue Assessed Cost allocated to each Property Use
- 4 - 9R- 34
Category by the Cost Apportionment among the Tax Parcels under
the methodology established in Section 7 of this Initial
Assessment Resolution.
"Property Use Categories" means, collectively, all
categories of Residential Property and all categories of Non -
Residential Property as defined herein and more particularly
specified in Appendix B attached hereto and incorporated herein
by reference.
"Public Housing Property" means those Tax Parcels with a
Code Description designated as "Public Housing" in the CLUC Codes
specified in Appendix B.
"Residential Property" means, collectively, Single Family
Property, Multi -Family Property and Public Housing Property.
"Single Family Property" means those Tax Parcels with a Code
Description designated as "Single Family" in the CLUC Codes
specified in Appendix B.
"Tax Parcel" means a parcel of property located within the
City to which the Property Appraiser has assigned a distinct ad
valorem property tax identification number.
Section 3. Provision and funding of fire rescue
services.
(A) Upon the imposition of Fire Rescue Assessments for fire
rescue services, facilities, or programs against Assessed
Property located within the City, the City shall provide fire
rescue services to such Assessed Property. A portion of the cost
to provide such fire rescue services, facilities, or programs
shall be funded from proceeds of the Fire Rescue Assessments.
- 5 - 9 8 - 34
The remaining cost required to provide fire rescue services,
facilities, and programs shall be funded by available City
revenues other than Fire Rescue Assessment proceeds.
(B) It is hereby ascertained, determined, and declared that
each parcel of Assessed Property located within the City will be
benefitted by the City's provision of fire rescue services,
facilities, and programs in an amount not less than the Fire
Rescue Assessment imposed against such parcel, computed in the
manner set forth in this Initial Assessment Resolution.
Section 4. Imposition and computation of Fire Rescue
Assessments. Fire Rescue Assessments shall be imposed against
all Tax Parcels within the Property Use Categories. Fire Rescue
Assessments shall be computed in the manner set forth in this
Initial Assessment Resolution.
Section 5. Legislative determination of special benefit
and fair apportionment. It is hereby ascertained and declared
that the Fire Rescue Assessed Costs provide a special benefit to
the Assessed Property based upon the following legislative
determinations:
General
(A) Upon the adoption of this Initial Assessment Resolution
determining the Fire Rescue Assessed Costs and identifying the
Assessed Property to be included in the Assessment Roll, the
legislative determinations of special benefit ascertained and
declared in Section 19.5-4 of the Code are hereby ratified and
confirmed.
(B) Fire rescue services, which include the combined fire
- 6 - 9R- 34
control and emergency medical services of the City under its
existing fire rescue program, possess a logical relationship to
the use and enjoyment of improved property by: (1) protecting and
enhancing the value of the improvements and structures through
the provision of available fire rescue services; (2) protecting
the life and safety of intended occupants in the use and
enjoyment of improvements and structures within improved parcels;
(3) lowering the cost of fire or other insurance by the presence
of a professional and comprehensive fire rescue program within
the City; and (4) containing the spread of fire incidents
occurring on vacant property with the potential to spread and
endanger the structures and occupants of improved property.
(C) The combined fire control and emergency rescue services
of the City under its existing consolidated fire rescue program
enhances and strengthens the relationship between such services
and the use and enjoyment of Buildings within improved parcels of
property within the City.
(D) As a consequence of such consolidated fire rescue
program, substantially all of the annual fire rescue budget, a
portion of which may be funded from special assessment proceeds,
is required to meet anticipated demand for fire protection and
the costs to be incurred in anticipated stand alone emergency
medical responses do not represent a material incremental annual
budget cost and therefore do not materially increase the
assessable costs to any parcel.
(E) It is fair and reasonable to use the CLUC Codes for the
Cost Apportionment and the Parcel Apportionment because: (1) the
- 7 - 98- 34
Tax Roll database employing the use of such property use codes is
the most comprehensive, accurate, and reliable information
readily available to determine the property use and Building Area
for improved property within the City, and (2) the Tax Roll
database, within which such property use codes are maintained by
the Property Appraiser, allows for the development of an
Assessment Roll with parcel designations compatible with those
used on the Tax Roll in conformity with the requirements of the
Uniform Method of Collection.
(F) The data available in the CLUC Codes is useful and
accurate to determine Building Area because (1) the data
maintained in the CLUC Codes reveals the existence of a Building
with a specific use, and (2) the CLUC Codes represent records
maintained by the Property Appraiser with the most information
relative to Building Area regardless of property use.
Cost Apportionment
(G) Apportioning Fire Rescue Assessed Costs among
classifications of improved property based upon historical demand
for fire rescue services is fair and reasonable and proportional
to the special benefit received.
(H) Incident Reports represent reliable data available to
determine the potential demand for fire rescue services from
property use and to determine the benefit to property use
resulting from the availability of fire rescue services to
protect and serve Buildings located within or upon Assessed
Property and their intended occupants. There exists sufficient
Incident Reports documenting the historical demand for fire
- 8 -
98- 34
rescue services from Assessed Property within the Property Use
Categories. The Demand Percentage determined for each Property
Use Category by an examination of such Incident Reports is
consistent with the experience of the City. Therefore, the use
of Demand Percentages determined by an examination of Incident
Reports is a fair and reasonable method to apportion the Fire
Rescue Assessed Costs among the Property Use Categories.
(I) As a result of the urbanized character of the City, the
suppression of fire on vacant property primarily benefits the
Buildings within the adjacent improved property by the
containment of the spread of fire rather than the preservation of
the vacant property. Therefore, it is fair and reasonable not to
apportion any of the Fire Rescue Assessed Costs to vacant
property and the Incident Reports documenting historical fire
services provided to vacant property were thus omitted from the
Demand Percentage calculation.
(J) It is fair and reasonable to omit from the Demand
Percentage calculation the Incident Reports documenting fire
rescue services provided to property uses that do not contain a
Building. The number of Incident Reports documenting fire
services provided to vacant property are not of sufficient number
to substantially affect the existence of a statistically
significant number of Incident Reports documenting fire rescue
services provided to Assessed Property with the Property Use
Categories for which the Demand Percentages were determined.
(K) The number of Incident Reports documenting fire rescue
services provided to non-specific property uses are not of
- 9 - 34
sufficient number to substantially affect the annual fire rescue
budget nor the level of services required to meet anticipated
demand for fire rescue service. The level of services required
to meet anticipated demand for fire rescue services and the
corresponding annual fire rescue budget required to fund such
fire rescue services would be required notwithstanding the
occurrence of any incidents from such non-specific property uses.
Therefore, it is fair and reasonable to omit from the Demand
Percentage calculation the Incident Reports documenting fire
rescue services provided to non-specific property uses.
Residential Parcel Apportionment
(L) The size or the value of the Residential Property does
not determine the scope of the required fire rescue response.
The potential demand for fire rescue services is driven by the
existence of a Dwelling Unit and the anticipated average occupant
population.
(M) Apportioning the Fire Rescue Assessed Costs for fire
rescue services attributable to Residential Property on a per
Dwelling Unit basis is a fair and reasonable method of Parcel
Apportionment based upon historical call data and is required to
avoid cost inefficiency and unnecessary administration.
(N) Information obtained from the MPDS database provides an
accurate and reliable basis to allocate Incident Reports
documenting fire rescue services to Residential Property.
(0) The demand for fire rescue service availability is
substantially different for Public Housing Property and
Multi -Family Property than the demand for fire rescue service
- 10 - 98- 34
availability for Single Family Property. Therefore, it is fair
and reasonable to use the respective Demand Percentages
attributable to Single Family Property, Multi -Family Property and
Public Housing Property to determine Fire Rescue Assessments for
Residential Property.
Non -Residential Parcel Apportionment
(P) The risk of loss and the demand for fire rescue service
availability is substantially the same for Buildings below a
certain minimum size. Because the value and anticipated
occupancy of non-residential Buildings below a certain minimum
size is less, it is fair, reasonable and equitable to provide a
lesser assessment burden on improved property containing such
Buildings.
(Q) The separation of improved Non -Residential Property
into Building Area classification ranges is fair and reasonable
for the purposes of Parcel Apportionment because: (1) the demand
for fire rescue service availability is not precisely determined
or measured by the actual Building Area within benefitted
parcels; (2) the classification of parcels within Building Area
classification ranges is a fair and reasonable method to classify
benefitted parcels and to apportion costs among benefitted
parcels that create similar demand for the availability of fire
rescue services; (3) the absence of a need for precise square
footage data within the ad valorem tax records maintained by the
Property Appraiser undermines the use of actual Building Area
within each improved parcel as a basis for Parcel Apportionment;
and (4) the administrative expense and complexity created by an
- 11 - 98-- 34
on -site inspection to determine the actual Building Area within
each improved parcel assessed is impractical.
(R) The demand for the availability of fire rescue services
diminishes at the outer limit of Building size since a fire
occurring in a structure greater than a certain size is not
capable of being suppressed under expected conditions and the
fire control activities under such circumstances are directed to
avoid the spread of the fire event to adjacent Buildings.
Additionally, the fire flow capacity anticipated at the fire
scene under the level of services provided by the assessable
costs limits the benefit provided to a structure beyond a certain
size. Therefore, it is fair and reasonable to place a cap on the
Building Area classification of benefitted Buildings within the
Non -Residential Property use categories.
Section 6. Cost Apportionment methodology.
(A) Utilizing data from the Incident Reports related to the
type of calls and physical location of each call, the City
assigned fire rescue incidents to specific properties located
within the City.
(B) Based upon such assignment of Incident Reports to
specific properties, the number of Incident Reports filed were
determined for each CLUC Code.
(C) Based upon such assignment of Incident Reports to CLUC
Codes, the number of Incident Reports filed within a sampling
period were determined for each Property Use Category. A Demand
Percentage was then determined for each Property Use Category by
calculating the percentage that Incident Reports allocated to
- 12 - 98- 34
each Property Use Category, bear to the total number of Incident
Reports documented for all Property Use Categories within the
sampling period.
(D) Appendix B contains a designation of Code Descriptions
by Property Use Category with the CLUC Codes. Such correlation
between Code Descriptions by Property Use Category between the
Incident Reports and the CLUC Codes is necessary to allocate the
historical demand for fire rescue services as reflected by the
Incident Reports for Tax Parcels on the Tax Roll within the
Property Use Categories.
(E) The Demand Percentage for each Property Use Category
was then applied to the Fire Rescue Assessed Costs and the
resulting product is the cost allocation of that portion of the
Fire Rescue Assessed Costs allocated to each individual Property
Use Category.
Section 7. Parcel Apportionment methodology.
(A) The apportionment among Tax Parcels of that portion of
the Fire Rescue Assessed Costs apportioned to each Property Use
Category under the Cost Apportionment shall be consistent with
the Parcel Apportionment methodology described and determined in
Appendix D, which Parcel Apportionment methodology is hereby
approved, adopted, and incorporated into this Initial Assessment
Resolution by reference.
(B) It is hereby acknowledged that the Parcel Apportionment
methodology described and determined in Appendix D is to be
applied in the calculation of the estimated Fire Rescue
- 13 - 98- 34
Assessment rates established in Section 8 of this Initial
Assessment Resolution.
Section 8. Determination of Fire Rescue Assessed Costs;
establishment of initial Fire Rescue
Assessments.
(A) The Fire Rescue Assessed Costs to be assessed and
apportioned among benefitted parcels pursuant to the Cost
Apportionment and the Parcel Apportionment for the Fiscal Year
commencing October 1, 1997, is the amount determined in the
Estimated Fire Rescue Assessment Rate Schedule. The approval of
the Estimated Fire Rescue Assessment Rate Schedule by the
adoption of this Initial Assessment Resolution determines the
amount of the Fire Rescue Assessed Costs. The remainder of such
Fiscal Year budget for fire rescue services, facilities, and
programs shall be funded from available City revenue other than
Fire Rescue Assessment proceeds.
(B) The estimated Fire Rescue Assessments specified in the
Estimated Fire Rescue Assessment Rate Schedule are hereby
established to fund the specified Fire Rescue Assessed Costs
determined to be assessed in the Fiscal Year commencing
October 1, 1997.
(C) It is hereby ascertained, determined, and declared that
Community Service Parcels provide facilities and uses to the
ownership, occupants, membership, as well as the public in
general that otherwise might be requested or required to be
provided by the City and such use thereof serves a legitimate
public purpose and provides a public benefit. Therefore, it is
fair and reasonable not to impose Fire Rescue Assessments upon
- 14 - 9IS- 34
such Community Service Parcels and no Fire Rescue Assessment
shall be imposed upon Community Service Parcels. Provided,
however, 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 of 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 is improper or
otherwise adversely affects the validity of the Fire Rescue
Assessments 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.
(D) In contrast to Community Service Parcels which provide
facilities and uses that might be otherwise requested or required
to be provided by the City, General Governmental/Educational
Parcels provide facilities or services the City does not
contemplate providing or serve a jurisdiction or constituency
which is beyond or larger than that of the City's jurisdiction or
constituency. It is inappropriate to fund the costs of providing
fire rescue services and facilities attributable to General
Governmental/Educational Parcels solely from the general revenues
- 15 - 98- 34
of the City. Therefore, it is fair and reasonable to impose Fire
Rescue Assessments upon General Governmental/Educational Parcels.
(E) The estimated Fire Rescue Assessments established in
this Initial Assessment Resolution shall be the estimated
assessment rates applied by the City Manager in the preparation
of the preliminary Assessment Roll for the Fiscal Year commencing
October 1, 1997, as provided in Section 9 of this Initial
Assessment Resolution.
Section 9. Assessment Roll.
(A) The City Manager is hereby directed to prepare, or
cause to be prepared, a preliminary Assessment Roll for the
Fiscal Year commencing October 1, 1997, in the manner provided in
Chapter 19.5 of the Code. The Assessment Roll shall include all
Tax Parcels within the Property Use Categories. The City Manager
shall apportion the estimated Fire Rescue Assessed Cost to be
recovered through Fire Rescue Assessments in the manner set forth
in this Initial Assessment Resolution. A copy of this Initial
Assessment Resolution, documentation related to the estimated
amount of the Fire Rescue Assessed Cost to be recovered through
the imposition of Fire Rescue Assessments, and the 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 of the Fire Rescue Assessment
for each parcel of property can be determined by the use of a
computer terminal available to the public.
- 16 - 98-- 34
(B) It is hereby ascertained, determined, and declared that
the method of determining the Fire Rescue Assessments for fire
rescue services as set forth in this Initial Assessment
Resolution is a fair and reasonable method of apportioning the
Fire Rescue Assessed Cost among parcels of Assessed Property
located within the City.
Section 10. Method of collection. The Fire Rescue
Assessments shall be collected in substantially the same manner
as provided in Section 19.5-21 of the Code.
Section 11. Authorization of public hearing. There is
hereby established a public hearing to be held at 10:00 a.m. on
February 24, 1998, in the City Commission Chambers of City Hall,
3500 Pan American Drive, Miami, Florida, at which time the City
Commission will receive and consider any comments on the Fire
Rescue Assessments from the public and affected property owners
and consider imposing Fire Rescue Assessments and collecting such
assessments using the alternative method provided in Section
19.5-21 of the Code. Nothing shall preclude the City Commission
from recessing and reconvening the public hearing at another site
or facility in order to make the attendance or participation by
all interested persons more comfortable or convenient.
Section 12. Notice. The City Clerk shall publish a
notice of the public hearing authorized by Section 11 hereof in
the manner and time provided in Section 19.5-10 of the Code. The
notice shall be published no later than January 20, 1998, in
substantially the form attached hereto as Appendix E. Although
not required by Chapter 19.5 of the Code or by law, the City
- 17 - 98-- 34
Manager is directed and authorized to make an additional effort
to advise representatives of the owners of General
Governmental/Educational Parcels of the inclusion of such
property on the preliminary Assessment Roll pursuant to the
policy decisions made in Section 8 hereof.
Section 13. Application of assessment proceeds. Proceeds
derived by the City from the Fire Rescue Assessments will be
utilized for the provision of fire rescue services, facilities,
and programs. In the event there is any fund balance remaining
at the end of the Fiscal Year, such balance shall be carried
forward and used only to fund fire rescue services, facilities,
and programs.
Section 14. Effective date. This Initial Assessment
Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 13th day of January 1 1998.
.VIER L; I SUAREZ, MAYOR
- 18 - 98- 34
PREPARED AND APPROVED BY:
GEORGE X1 WYSONG, III
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
vzo
• • •,r%►
W2156:GKW
- 19 - 34
Appendix A
County Land Use Codes or CLUC Codes
Use Designation
CLUC Code
Description
AGRICULTURAL
0071
GROVE OR ORCHARD
0072
CROPS
0079
MIXED USE - AGRICULTURAL
COMMERCIAL
0011
RETAIL OUTLET
0012
REPAIRS - NON AUTOMOTIVE
0013
OFFICE BUILDING
0014
WHOLESALE OUTLET
0015
ENTERTAINMENT
0017
COMMERCIAL - TOTAL VALUE
0018
CONDOMINIUM - COMMERCIAL
0019
AUTOMOTIVE OR MARINE
0021
HOTEL
0022
MOTEL
0025
ENTERPRISE ZONE - TOTAL
VALUE
0026
SERVICE STATION -
0029
MIXED USE - COMMERCIAL
INDUSTRIAL/WAREHOUSE
0031
MINERAL PROCESSING
0032
LIGHT MFG & FOOD
0034
CANNERIES - BOTTLER
0036
HEAVY IND OR LUMBER YARD
0037
WAREHOUSE OR STORAGE
0039
MIXED USE - INDUSTRIAL
0061
AIRPORT/TERMINAL OR MARINA
0063
UTILITY
INSTITUTIONAL
0040
MUNICIPAL
0041
EDUCATIONAL - PRIVATE
0042
CLUB OR HALL - PRIVATE
0043
HEALTH CARE
0044
RELIGIOUS
0045
PUBLIC ADMINISTRATION
0046
PENAL INSTITUTION
0047
DADE COUNTY
0048
BOARD OF PUBLIC
0049
MIXED USE - GOVERNMENTAL
0050
CULTURAL - LITERARY
0055
BENEVOLENT
0056
SCIENTIFIC
0058
YMCA - YWCA
0059
MIXED USE - INSTITUTIONAL
0085
SO FLORIDA WATER MGMT DIST
0086
TRUSTEE II FUND
A-1
9 8 - 34
MULTI -FAMILY
NOT USED
0098 FEDERAL
0099 STATE OF FLORIDA
0003 MULTIFAMILY 3 OR MORE
UNITS
0000 REFERENCE ONLY
0016
LEASEHOLD INTEREST
0020
DOCK - TOTAL VALUE
0024
CAMPSITE
0051
PRIVATE PARK
0052
PLAYGROUND
0053
GOLF COURSE
0054
CEMETARY
0062
RAILROAD ASSESSMENT
0064
RIGHT-OF-WAY
0065
PARKING/VACNT LOT ENCLOSED
0066
EXTRA FEA OTHER THAN
PARKING
0069
MIXED USE - MISCELLANEOUS
0082
GLADE
0083
MARSH OR SWAMP
0084
RECREATIONAL OR ENDANGERED
0089
BACK ASSESSMENT
0090
LAND AVAILABLE FOR TAXES
0091
RIVER
0092
LAKE
0093
SUBMERGED LAND
0096
OFFICE USE ONLY
PUBLIC HOUSING
OOG3
GOVERNMENT MULTI -FAMILY
SINGLE FAMILY
0001
RESIDENTIAL - SINGLE
FAMILY
0002
DUPLEX
0004
RESIDENTIAL - TOTAL VALUE
0005
CLUSTER HOME
0006
MOBILE HOME
0007
CONDOMINIUM - RESIDENTIAL
0008
COOPERATIVE - RESIDENTIAL
0009
MIXED -USE RESIDENTIAL
0010
TOWNHOUSE
0023
CONDOMINIUM - TIMESHARING
0057
PARSONAGE
VACANT
0080
VACANT LAND GOVERNMENT
0081
VACANT LAND
0088
O/G/M RIGHTS
A-2 98- 34
APPENDIX B
PROPERTY USE CATEGORIES
9R- 34
Appendix B
Property Use Categories
Use Designation
CLUC Code
Description
COMMERCIAL
0011
RETAIL OUTLET
0012
REPAIRS - NON AUTOMOTIVE
0013
OFFICE BUILDING
0014
WHOLESALE OUTLET
0015
ENTERTAINMENT
0017
COMMERCIAL - TOTAL VALUE
0018
CONDOMINIUM - COMMERCIAL
0019
AUTOMOTIVE OR MARINE
0021
HOTEL
0022
MOTEL
0025
ENTERPRISE ZONE - TOTAL
VALUE
0026
SERVICE STATION -
0029
MIXED USE - COMMERCIAL
INDUSTRIAL/WAREHOUSE
0031
MINERAL PROCESSING
0032
LIGHT MFG & FOOD
0034
CANNERIES - BOTTLER
0036
HEAVY IND OR LUMBER YARD
0037
WAREHOUSE OR STORAGE
0039
MIXED USE - INDUSTRIAL
0061
AIRPORT/TERMINAL OR MARINA
0063
UTILITY
INSTITUTIONAL
0040
MUNICIPAL
0041
EDUCATIONAL - PRIVATE
0042
CLUB OR HALL - PRIVATE
0043
HEALTH CARE
0044
RELIGIOUS
0045
PUBLIC ADMINISTRATION
0046
PENAL INSTITUTION
0047
DADE COUNTY
0048
BOARD OF PUBLIC
0049
MIXED USE - GOVERNMENTAL
0050
CULTURAL - LITERARY
0055
BENEVOLENT
0056
SCIENTIFIC
0058
YMCA - YWCA
0059
MIXED USE - INSTITUTIONAL
0085
SO FLORIDA WATER MGMT DIST
0086
TRUSTEE II FUND
0098
FEDERAL
0099
STATE OF FLORIDA
B-1
9 8 - 34
MULTI -FAMILY
0003 MULTIFAMILY 3 OR MORE
UNITS
PUBLIC HOUSING
SINGLE FAMILY
OOG3
0001
0002
0004
0005
0006
0007
0008
0009
0010
0023
0057
GOVERNMENT MULTI -FAMILY
RESIDENTIAL - SINGLE
FAMILY
DUPLEX
RESIDENTIAL - TOTAL VALUE
CLUSTER HOME
MOBILE HOME
CONDOMINIUM - RESIDENTIAL
COOPERATIVE - RESIDENTIAL
MIXED -USE RESIDENTIAL
TOWNHOUSE
CONDOMINIUM - TIMESHARING
PARSONAGE
B-2 g R -
34
APPENDIX C
ESTIMATED FIRE RESCUE
ASSESSMENT RATE SCHEDULE
98- 34
APPENDIX C
ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE
SECTION C-l. DETERMINATION OF FIRE RESCUE ASSESSED COSTS.
The estimated Fire Rescue Assessed Costs to be assessed for the
Fiscal Year commencing October 1, 1997, is $31,887,764.
SECTION C-2. ESTIMATED FIRE RESCUE ASSESSMENTS. 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, 1997, are
hereby established as follows for the purpose of this Initial
Assessment Resolution:
RESIDENTIAL
PROPERTY USE
CATEGORIES
Rate Per
Dwelling Unit
Single Family
$13
ulti-Family
$16
Public Housing
$47
NON-RESIDENTIAL
PROPERTY USE
CATEGORIES
Building
Classification
(in square foot
ranges)
Commercial
Industrial/
Warehouse
Institutional
< 1,999
$121
$36
$17
2,000 - 3,499
$241
$73
$35
3,500 - 4,999
$423
$128
$61
5,000 - 9,999
$604
$182
$88
10,000 - 19,999
$1,207
$364
$1,76
20,000 - 29,999
$2,415
$729
$3,53
30,000 - 39,999
$3,622
$1,093
$5,30
40,000 - 49,999
$4,829
$1,457
$7,073
50,000 - 59,999
$6,037
$1,822
$8,84
60,000 - 69,999
$7,244
$2,186
$10,60
70,000 - 79,999
$8,451
$2,550
$12,37
80,000 - 89,999
$9,659
$2,915
$14,14
90,000 - 99,999
$10,866
$3,279
$15,914
100,000 - 124,999
$12,073
$3,643
$17,682
125,000 - 149,999
$15,092
$4,554
$22,103
150,000 - 174,999
$18,110
$5,465
$26,523
175,000 - 199,999
$21,128
$6,376
$30,94
> 200,000
1 $24,1471
$7,287
$35,36
C-1
9R- 34
APPENDIX D
PARCEL APPORTIONMENT METHODOLOGY
9 8 - 34
APPENDIX D
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 D-1. RESIDENTIAL PROPERTY. The Fire Rescue
Assessment for each Tax Parcel of Residential Property shall be
computed as follows:
(A) The Fire Rescue Assessment for each Tax Parcel of
Single Family Property shall be computed by multiplying the
Demand Percentage attributable to Single Family Property by the
Fire Rescue Assessed Costs, dividing such product by the total
number of Dwelling Units shown on the Tax Roll which are
attributable to Single Family Property, and then multiplying such
quotient by the number of Dwelling Units located on each Tax
Parcel of Single Family Property.
(B) The Fire Rescue Assessment for each Tax Parcel of
Multi -Family Property shall be computed by multiplying the Demand
Percentage attributable to Multi -Family Property by the Fire
Rescue Assessed Costs, dividing such product by the total number
of Dwelling Units shown on the Tax Roll which are attributable to
Multi -Family Property, and then multiplying such quotient by the
number of Dwelling Units located on each Tax Parcel of
Multi -Family Property.
(C) The Fire Rescue Assessment for each Tax Parcel of
Public Housing Property shall be computed by multiplying the
D-1 98-- 34
Demand Percentage attributable to Public Housing Property by the
Fire Rescue Assessed Costs, dividing such product by the total
number of Dwelling Units shown on the Tax Roll which are
attributable to Public Housing Property, and then multiplying
such quotient by the number of Dwelling Units located on each Tax
Parcel of Public Housing Property.
SECTION D-2. NON-RESIDENTIAL PROPERTY. The Fire Rescue
Assessments for each Tax Parcel of Non -Residential Property shall
be computed as follows:
(A) Respectively, multiply the Fire Rescue Assessed Costs
by the Demand Percentage attributable to each of the non-
residential Property Use Categories. The resulting dollar
amounts reflect the portions of the City's fire rescue budget to
be respectively funded from Fire Rescue Assessment revenue
derived from each of the non-residential Property Use Categories.
(B) Separate each Building in each of the non-residential
Property Use Categories into one of the following square footage
categories:
(1) Buildings with a Building Area of less than 1,999
square feet;
(2) Buildings with a Building Area between 2,000 square
feet and 3,499 square feet;
(3) Buildings with a Building Area between 3,500 square
feet and 4,999 square feet;
(4) Buildings with a Building Area between 5,000 square
feet and 9,999 square feet;
D-2
98- 34
(5) Buildings with a Building Area between 10,000 square
feet and 19,999 square feet;
(6) Buildings with a Building Area between 20,000 square
feet and 29,999 square feet;
(7) Buildings with a Building Area between 30,000 square
feet and 39,999 square feet;
(8) Buildings with a Building Area between 40,000 square
feet and 49,999 square feet;
(9) Buildings with a Building Area of between 50,000 square
feet and 59,999 square feet;
(10) Buildings with a Building Area of between 60,000 square
feet and 69,999 square feet;
(11) Buildings with a Building Area of between 70,000 square
feet and 79,999 square feet;
(12) Buildings with a Building Area of between 80,000 square
feet and 89,999 square feet;
(13) Buildings with a Building Area of between 90,000 square
feet and 99,999 square feet;
(14) Buildings with a Building Area of between 100,000
square feet and 124,999 square feet;
(15) Buildings with a Building Area of between 125,000
square feet and 149,999 square feet;
(16) Buildings with a Building Area of between 150,000
square feet and 174,999 square feet;
(17) Buildings with a Building Area of between 175,000
square feet and 199,999 square feet; and
D-3 98- 34
(18) Buildings with a Building Area of 200,000 square feet
or greater.
(C) As to each non-residential Property Use Category,
multiply the number of Buildings categorized in:
(1) Subsection (B)(1) of this Section by 1,000 square feet;
(2) Subsection (B)(2) of this Section by 2,000 square feet;
(3) Subsection (B)(3) of this Section by 3,500 square feet;
(4) Subsection (B)(4) of this Section by 5,000 square feet;
(5) Subsection (B)(5) of this Section by 10,000 square
feet;
feet;.
feet;
feet;
feet;
feet;
feet;
f eet ;
feet;
(6) Subsection (B)(6) of this Section by 20,000 square
(7) Subsection (B)(7) of this Section by 30,000 square
(8) Subsection (B)(8) of this Section by 40,000 square
(9) Subsection (B)(9) of this Section by 50,000 square
(10) Subsection (B)(10) of this Section by 60,000 square
(11) Subsection (B)(11) of this Section by 70,000 square
(12) Subsection (B)(12) of this Section by 80,000 square
(13) Subsection (B)(13) of this Section by 90,000 square
D-4 98- 34
feet;
feet;
feet;
(14) Subsection (B)(14) of this Section by 100,000 square
(15) Subsection (B)(15) of this Section by 125,000 square
(16) Subsection (B)(16) of this Section by 150,000 square
(17) Subsection (B)(17) of this Section by 175,000 square
feet; and
(18) Subsection (B)(18) of this Section by 200,000 square
feet.
(D) For each non-residential Property Use Category, sum the
products of subsections (C)(1) through (C)(18) of this Section.
The sum of these products reflects an aggregate square footage
area for each non-residential Property Use Category to be used by
the City in the computation of Fire Rescue Assessments.
(E) Divide the product of subsection (A) of this Section
relative to each of the non-residential Property Use Categories
by the sum of the products for each non-residential Property Use
Category described in subsection (D) of this Section. The
resulting quotient expresses a dollar amount adjusted or weighted
per square foot of improved area to be used in computing Fire
Rescue Assessments on each of the respective non-residential
Property Use Categories.
(F) For each of the non-residential Property Use
Categories, multiply the resulting quotients from subsection (A)
of this Section by each of the respective products in subsections
(C)(1) through (C)(18) of this Section. The resulting products
D-5 98- 34
for each non-residential Property Use Category expresses a series
of gross dollar amounts expected to be funded by all Buildings in
the respective non-residential Property Use Categories in each of
the square footage categories described in subsection (B) of this
Section.
(G) For each of the non-residential Property Use
Categories, divide each of the respective products of subsection
(F) of this Section by the number of Buildings determined to be
in each of the square footage categories identified in subsection
(B) of this Section. The result expresses the respective dollar
amounts of the Fire Rescue Assessments to be imposed upon each
Building in each of the non-residential Property Use Categories.
The Fire Rescue Assessment for each Tax Parcel included within a
non-residential Property Use Category shall include the sum of
the Fire Rescue Assessments computed for each Building located
upon such Tax Parcel of Non -Residential Property.
SECTION D-3. MIXED USE PROPERTY. The Fire Rescue
Assessments for each Tax Parcel classified in two or more
Property Use Categories shall be the sum of the Fire Rescue
Assessments computed for each Property Use Category.
D-6 98- 34
APPENDIX E
FORM OF NOTICE TO BE PUBLISHED
98- 34
APPENDIX E
FORM OF NOTICE TO BE PUBLISHED
To Be Published by January 20, 1998
[INSERT MAP OF CITY]
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 Miami will conduct a public hearing to consider imposing fire
rescue special assessments for the provision of fire rescue
services within the City of Miami for the fiscal year commencing
October 1, 1997 and ending September 30, 1998.
The hearing will be held at 10:00 a.m. on February 24, 1998,
in the City Commission Chambers of City Hall, 3500 Pan American
Drive, Miami, 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 at (305)250-5360
at least seven days prior to the date of the hearing.
E-1
98- 34
The assessment for each parcel of property will be based
upon each parcels classification and the total number of billing
units attributed to that parcel. The following table reflects
the proposed fire rescue assessment schedule.
RESIDENTIAL
PROPERTY USE
CATEGORIES
Rate Per
Dwelling Unit
Single Family
$13
ulti-Family
$16
Public Housing
$47
NON-RESIDENTIAL
PROPERTY USE
CATEGORIES
Building
Classification
(in square foot
ranges)
Commercial
Industrial/
Warehouse
Institutional
< 1,999
$121
$36
$17
2,000 - 3,499
$241
$73
$35
3,500 - 4,999
$423
$128
$61
5,000 - 9,999
$604
$182
$884
10,000 - 19,999
$1,207
$364
$1,76
20,000 - 29,999
$2,415
$729
$3,53
30,000 - 39,999
$3,622
$1,093
$5,30
40,000 - 49,999
$4,829
$1,457
$7,073
50,000 - 59,999
$6,037
$1,822
$8,84
60,000 - 69,999
$7,244
$2,186
$10,60
70,000 - 79,999
$8,451
$2,550
$12,37
80,000 - 89,999
$9,659
$2,915
$14,14
90,000 - 99,999
$10,866
$3,279
$15,91
100,000 - 124,999
$12,073
$3,643
$17,68
125,000 - 149,999
$15,092
$4,554
$22,10
150,000 - 174,999
$18,110
$5,465
$26,523
175,000 - 199,999
1$21,128
$6,376
$30,944
> 200,000
1 $24,147
$7,2871
$35,364
Pursuant to Section 8 of the Initial Assessment Resolution
the City Commission has ascertained, determined, and declared
that Community Service Parcels provide facilities and uses to the
ownership, occupants, membership, as well as the public in
general that otherwise might be requested or required to be
provided by the City and such use thereof serves a legitimate
public purpose and provides a public benefit. Therefore, the
E-2
9R- 34
City Commission has made the public policy decision not to
impose the Fire Rescue Assessment upon Community Service
Parcels. Community Service Parcels are defined in the Initial
Assessment Resolution as Institutional Property, whose use is
also wholly exempt from ad valorem taxation under Florida law,
which are predominantly used for eleemosynary, community service,
religious, cultural, literary, health care, benevolent and
scientific purposes.
In contrast to Community Service Parcels which provide
facilities and uses that might be otherwise requested or required
to be provided by the City, General Governmental/Educational
Parcels provide facilities or services the City does not
contemplate providing or serve a jurisdiction or constituency
which is beyond or larger than that of the City's jurisdiction or
constituency. General Governmental/Educational Parcels are
defined in the Initial Assessment Resolution as any parcel
predominantly used for general governmental or educational
purposes. The City Commission has determined that it is
inappropriate to fund the costs of providing fire rescue services
and facilities attributable to General Governmental/Educational
Parcels solely from the general revenues of the City and that it
is fair and reasonable to impose Fire Rescue Assessments upon
such General Governmental/Educational Parcels.
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,
E-3 98- 34
or combination of such funds, and shall not be paid for by
proceeds of funds derived from the Fire Rescue Assessments. The
City Commission has also made the legislative determination that
in the event a court of competent jurisdiction determines any
exemption or reduction by the City Commission is improper or
otherwise adversely affects the validity of the Fire Rescue
Assessments 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.
Copies of the Fire Rescue Assessment Ordinance, Initial
Assessment Resolution and the preliminary Assessment Roll are
available for inspection at the Office of the City Clerk of
Miami, Florida, 3500 Pan American Drive, Miami, Florida.
The assessments will be collected on a bill to be mailed by
March 13, 1998. The assessments will be due on March 15, 1998.
The assessments are delinquent on April 15, 1998. Failure to pay
the assessment will result in either the commencement of
foreclosure proceedings or cause a tax certificate to be issued
against the property which may result in a loss of title.
If you have any questions, please contact the City Fire
Rescue Department at (305)416-1770, Monday through Friday between
8:00 a.m. and 5:00 p.m.
CITY CLERK
CITY OF MIAMI, FLORIDA
E-4 98- 34
J-98-57
1-12-98
CITY OF MIAMI, FLORIDA
INITIAL ASSESSMENT RESOLUTION
ADOPTED JANUARY , 1998
9R- 34
Section 1.
Section 2.
Section 3.
Section 4
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
TABLE OF CONTENTS
Authority.
Purpose and definitions
Provision and funding of fire rescue
services
Imposition and computation of Fire
Rescue Assessments
Legislative determination of special
benefit and fair apportionment
Cost Apportionment methodology
Parcel Apportionment methodology
Determination of Fire Rescue Assessed
Costs; establishment of initial Fire Rescue
Assessments
Assessment Roll
Method of collection
Authorization of public hearing
Notice
Application of assessment proceeds
Effective date
APPENDIX A: CLUC CODES
APPENDIX B: PROPERTY USE CATEGORIES
APPENDIX C: ESTIMATED FIRE RESCUE ASSESSMENT
RATE SCHEDULE
APPENDIX D: PARCEL APPORTIONMENT METHODOLOGY
APPENDIX E: FORM OF NOTICE TO BE PUBLISHED
1
1
6
6
7
13
15
15
18
19
19
19
20
20
A-1
B-1
C-1
D-1
E-1
Page
98- 34
APPENDIX A
CLUC CODES
9 8 - 34
Honorable Chairman and Members
of the City Commission
Jose Garcia-Pedros
City Manager
Recommendation
January 12, 1998 J98-57
Proposed Resolution:
Fire -Rescue Assessment
City Commission Meeting
January 13, 1998
It is respectfully recommended that the attached Resolution relating to the Fire
Rescue Assessment be adopted. The Resolution describes the method of assessing fire
rescue assessed costs against assessed property, sets the rate of the assessment, and
directs the preparation of the assessment roll.
The Resolution further authorizes the setting of the date and time for a public
hearing regarding the Final Assessment Resolution. The date is currently set for
February 24, 1998 at 10:00 a.m. This date may change but the public hearing cannot be
held less than thirty-one (31) days after final adoption of the companion Fire Rescue
Assessment Ordinance.
Background
The City has developed a special assessment program that is capable of funding all
of the assessable costs associated with providing fire rescue services for an annual
recurring program commencing Fiscal Year 1997-98 to be collected on a separate bill.
However, in subsequent years, the City will have the opportunity to use the ad valorem
collection powers provided in Section 197.3632, Florida Statutes. The City adopted
Resolution No. 97-924 on December 30, 1997 and transmitted same to the Department of
Revenue, the Miami -Dade Tax Collector, and the Miami -Dade Property Appraiser,
pursuant to the above mentioned statute, thereby preserving the City's right to utilize the
"Uniform Method of Collection."
The attached Resolution incorporates the policy direction garnered through
consultation with the individual members of the City Commission. As a result of the
newly gathered policy directives and the setting of the square footage cap at 200,000
square feet, the final assessment report has been updated. Additionally, these changes
have led to a slight modification of the "Critical Events Schedule" on page 36 of the
updated report.
cc: /� Honorable Mayor Xavier L. Suarez
A. Quinn Jones, 111, City Attorney
Walter J. Foeman, City Clerk
98- 34