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HomeMy WebLinkAbout2016-007 Resolution Relating to the Provision of Fire Protection Services, Facilities and Programs Throughout the City of Ocoee CITY OF OCOEE ANNUAL ASSESSMENT PROCESS FY 2017 PRELIMINARY RATE RESOLUTION MAY 3, 2016 RESOLUTION NO. 2016-007 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITIES, AND PROGRAMS THROUGHOUT THE CITY OF OCOEE; ESTABLISHING THE TERMS AND CONDITIONS FOR A FIRE PROTECTION ASSESSMENT PROGRAM IN FISCAL YEAR 2017, WHICH BEGINS OCTOBER 1, 2016; CLARIFYING THE METHOD OF ASSESSING FIRE PROTECTION ASSESSED COSTS AGAINST ASSESSED PROPERTIES LOCATED WITHIN THE CITY OF OCOEE; ESTABLISHING THE PARAMETERS OF THE INTERIM ASSESSMENT PROCESS; AFFIRMING THE EXISTING MAXIMUM ASSESSMENT RATE AND ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE PROTECTION ASSESSMENTS IN FISCAL YEAR 2017; DIRECTING THE PREPARATION OF THE ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING ISSUANCE OF THE NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTIONI. AUTHORITY. This Resolution is adopted pursuant to the provisions of the Fire Protection Assessment Ordinance (Ordinance No. 2013-010, hereinafter "the Ordinance"); the Initial Assessment Resolution adopted by the City Commission of the City of Ocoee, Florida on August 6, 2013; the Final Assessment Resolution adopted by the City Commission of the City of Ocoee, Florida on September 5, 2013; the City of Ocoee Home Rule Charter; Article VIII, Section 2 of the Florida Constitution; Section 166.041, Florida Statutes; and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. (A) This Resolution constitutes the Preliminary Rate Resolution, as defined in Section 2.08 of the Ordinance, in anticipation of consideration by the City Commission of the City of Ocoee of a proposed Annual Rate Resolution, as defined in Section 1.01 of the Ordinance. (B) All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance and in the Initial Assessment Resolution adopted by the City Commission of the City of Ocoee, Florida on August 6, 2013, as applicable. Any conflict in definitions between those two sources shall be resolved in favor of the Resolution. Unless the context indicates otherwise, words imparting the singular number include the plural number and vice versa. (C) The Initial Assessment Resolution adopted by the City Commission of the City of Ocoee, Florida on August 6, 2013, defines terms related to building usage codes that are used in the fire protection assessment process created by that Ordinance and subsequent resolutions to assign the most applicable Hazard Class to a structure that is subject to the assessment. Such terms as Building Use, Code Descriptions, DOR Code, Fixed Property Use Codes, and Improvement Codes are provided in the Ordinance to describe essentially equivalent indications of a structure's use, as established by the Orange County Property Appraiser (OCPA). Previously adopted ordinances and resolutions related to the Fire Protection Assessment process also include definitions where listed building usage codes are understood to identify a specific use and, thus, the Hazard Class for the structure. These building usage codes are continuously evolving such that a slightly different set of codes is developed and published by OCPA each year in order to improve the agency's support for a variety of uses. This Fiscal Year 2017 Preliminary Rate Resolution acknowledges the variable nature of these codes. City staff, under the direction of the City Manager, is hereby authorized to make such adjustments to the assessment process as may be justified by the evolving values assigned by OCPA in the Tax Roll that serves as an input to the Fire Protection Assessment process. Said adjustments may take the form of establishing equivalencies, deleting removed values, adding new values, and otherwise adapting the latest OCPA-published building usage codes to the codes published in prior years and adopted in previous resolutions related to the Fire Protection Assessment for the purpose of identifying the best Hazard Class to assign to a given Building. SECTION 3. PROVISION AND FUNDING OF FIRE PROTECTION SERVICES. (A) Upon the imposition of a Fire Protection Assessment for fire protection services, facilities, or programs against Assessed Property located within the city, the city shall provide fire protection services to such Assessed Property. A portion of the cost to provide such fire protection services, facilities, or programs shall be funded from proceeds of the Fire Protection Assessments. The remaining cost required to provide fire protection services, facilities, and program shall be funded by legally available city revenues other than Fire Protection Assessments 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 protection services, facilities, and programs in an amount not less than the Fire Protection Assessment imposed against such parcel computed in the manner set forth in this FY 2017 Preliminary Rate Resolution. SECTION 4. IMPOSITION AND COMPUTATION OF FIRE PROTECTION ASSESSMENTS. Fire Protection Assessments shall be imposed against all Tax Parcels within the city except for those classifications exempted by the provisions of Section 9, below. Fire Protection Assessments shall be computed in the manner set forth in the Initial Assessment Resolution adopted by the City Commission of the City of Ocoee, Florida on August 6, 2013 and ratified by the City Commission of the City of Ocoee, Florida in a resolution adopted on September 5, 2013, in addition to the requirements set forth herein. SECTION 5. METHOD OF MAKING INTERIM ASSESSMENTS. (A) An Interim Fire Protection Assessment (hereinafter "Interim Assessment") shall be imposed on all new construction, reconstruction, or modification at the time the applicable building permit is issued by the city. Such Interim Assessments are to be calculated in the manner described in Section 2.14 of the Ordinance beginning on October 1, 2016, except for those classes of use or ownership exempt by the provisions of Section 9, below. The Interim Assessment levied shall be the sum of the remaining fiscal year's allocation plus the estimated amount of the fee to be due in the following fiscal year. For the purposes of implementing Section 2.14 of the Ordinance: (1) the date for calculating the Interim Fire Protection Assessment shall be the date the applicable permit is approved by the city; (2) the tolling of time for calculating the number of whole months remaining in the current fiscal year shall begin the month following the date of permit approval; and (3) the estimated following fiscal year's fire protection assessment shall be equal to twelve (12) months of the current fiscal year's assessment for the structure as it will exist following construction of the planned improvements. (B) For construction of new structures, the Interim Assessment shall be determined for the finished structure and its initial intended use in the same manner as for existing buildings, as described in the Initial Assessment Resolution adopted by the City Commission of the City of Ocoee, Florida on August 6, 2013, and ratified by the City Commission of the City of Ocoee, Florida in a resolution adopted on September 5, 2013. (C) For reconstruction and modification of existing structures, the Interim Assessment shall be determined as the difference between the Fire Protection Assessment that would be imposed on the building after all proposed changes have been made, including any change in use that impacts the Fire Hazard Rating of the structure, and the Fire Protection Assessment imposed on the existing structure, provided that there shall be no refund of a previously paid Fire Protection Assessment. (D) No building permit shall be issued by the city without payment of the required Interim Assessment unless payment deferral is approved by the City Commission of the City of Ocoee. No Interim Assessment shall be imposed for issuing a building permit for reconstruction of modification of an existing building if the proposed changes to the structure or its use do not alter the Fire Protection Assessment already imposed. SECTION 6. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. It is hereby ascertained and declared that the Fire Protection Assessed Costs provide a special benefit to the Assessed Property based upon the following legislative determinations and upon the August 2013 report prepared by Governmental Services Group, Inc., and entitled, "City of Ocoee, Florida Fire Assessment Memorandum," which is hereby incorporated herein by reference. BE IT HEREBY DETERMINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA THAT: (A) Upon adoption of this Preliminary Rate Resolution determining the Fire Protection Assessed Costs and identifying the Assessed Property to be included in the Assessment Roll for Fiscal Year 2017, which begins on October 1, 2016, the legislative determinations ascertained and declared in Section 1.03 and 1.04 of the Ordinance are hereby ratified and confirmed. (B) Fire protection services possess a logical relationship to the use and enjoyment of property by: (1) protecting the value of the improvements, structures, and land; (2) protecting the life and safety of intended occupants in the use and enjoyment of property; (3) lowering the cost of fire insurance by the presence of a professional and competent fire protection program within the city; (4) containing the spread of fire incidents occurring on land with the potential to spread and endanger property and property features; and (5) preserving and enhancing the value of property. (C) It is fair and reasonable to utilize the building usage codes, as may be provided by the OCPA in the published Tax Roll database, in the apportionment methodology by which the Fire Protection Assessment is calculated for each structure because: (1) the Tax Roll database including such codes is the most comprehensive, accurate, and reliable information readily available to determine Building Use and Building Area; and (2) the Tax Roll database employing the use of such codes is maintained by the OCPA and is thus, consistent with parcel designations on the Tax Roll. This compatibility permits the development of an Assessment Roll in conformity with the requirements of the Uniform Method of Collection. (D) The data available in the building usage codes are more useful and accurate to determine Building Use and Building Area because: (1) the data maintained in the DOR Code assigned for building usage can reveal the existence of a Building with a different use than the DOR Code describing the general land use of the parcel; (2) the records maintained by the OCPA have the most information relative to Building Area regardless of property use; and (3) the city conducted field work to ascertain building use when sufficient information was not available relative to Building Area (E) As a result of the urbanized character of the city, the suppression of fire on land and other unimproved property primarily benefits the Buildings within the adjacent improved property by containing the spread of fire rather than the preservation of the unimproved property. Additionally, the potential need for the city's fire protection resources is generated primarily by considering improved properties and the level of services required to meet anticipated demand for fire protection services. The corresponding annual fire protection budget required to fund fire protection services provided to land and other unimproved property would be required notwithstanding the occurrence of any incidents from such property uses. Therefore, it is fair and reasonable not to apportion any of the Fire Protection Assessed Costs to land and other unimproved property. SECTION 7. DETERMINATION OF FIRE PROTECTION ASSESSED COST. The total Fire Protection Assessed Cost to be assessed and apportioned among benefitted parcels for the Fiscal Year beginning October 1, 2016, is forecast to be $1,983,244. SECTION 8. PRELIMINARY ASSESSMENT RATES FOR FY 2017. (A) The Maximum Assessment Rate, which was established by the Initial Assessment Resolution adopted by the City Commission of the City of Ocoee, Florida, on August 6, 2013, and confirmed by the Final Assessment Resolution adopted by the City Commission of the City of Ocoee, Florida, on September 5, 2013, remains at $69.50 per Net Fire Protection Unit. (B) The estimated assessment rate to be assessed against all Tax Parcels of Assessed Property within the city to generate the estimated Fire Protection Assessed Cost for Fiscal Year 2017 is $69.50 per Net Fire Protection Unit for the purpose of this Preliminary Rate Resolution. The assessment rate per Net Fire Protection Unit adopted by the City Commission of the City of Ocoee, Florida, as part of any subsequent Annual Rate Resolution for Fiscal Year 2017, may be equal to or less than the Maximum Assessment Rate. SECTION 9. METHOD OF COLLECTION. It is hereby declared that the Fire Protection Assessments shall be collected and enforced pursuant to the Uniform Assessment Collection Act, as provided in Section 3.01 of the Ordinance, for Fiscal Year 2017. The following properties are exempt from collection of the Fire Protection Assessment: (1) government-owned properties; (2) properties owned by a home owners' association; and (3) institutional properties. SECTION 10. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 7:15 pm or soon thereafter on August 16, 2016, in the City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida 34761, at which time the City Commission will receive and consider any comments on the proposed Fire Protection Assessment for Fiscal Year 2017 from the public and affected property owners. SECTION 11. NOTICE BY PUBLICATION. The City Manager shall publish a notice no later than 20 days prior to the date of the public hearing authorized by Section 10 hereof in the manner provided in Section 2.04 of the Ordinance. SECTION 12. NOTICE BY MAIL. The City Manager shall provide notice by first class mail to the Owner of each parcel of Assessed Property that: (1) has been reclassified such that the Fire Protection Assessment represented by the previous notice provided to Owners of Assessed Property pursuant to Sections 2.04 and 2.05 of the Ordinance is less than the total amount of assessment calculated at the Maximum Assessment Rate for Fiscal Year 2017; or(2) was not previously included on the Assessment Roll approved for the prior fiscal year. Such notice shall substantially conform to the notice requirements set forth in Sections 2.04 and 2.05 of the Ordinance and inform the Owner of the date, time, and place for the public hearing authorized in Section 10 hereof. SECTION 13. PREPARATION OF THE ASSESSMENT ROLL FOR FISCAL YEAR 2017. The City Manager is hereby directed to update the Assessment Roll or to direct city staff to do so under his supervision. The Assessment Roll shall be prepared in accordance with the method of apportionment set forth in the Initial Assessment Resolution adopted by the City Commission of the City of Ocoee, Florida, on August 6, 2013, together with modifications, if any, provided and confirmed in the Final Assessment Resolution adopted on September 5, 2013, by the City Commission of the City of Ocoee, Florida. SECTION 14. APPLICATION OF ASSESSMENT PROCEEDS. The revenue derived from the city's Fire Protection Assessments will be utilized for the provision of fire protection services, facilities, and programs to property within the city, as reflected by the Fire Protection Assessed Cost. 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 the fire protection services, facilities, and programs provided to properties within the city. SECTION 15. EFFECTIVE DATE. The Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 3rd day of May, 2016. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA lA juidAf#. $ettrERkenberrp, ity Clerk A&+in Rusty Johns ayor rAtt.An;t S■bb ffrt (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE, FLORIDA. APPROVED COMMISSION AT A MEETING HELD AS TO FORM AND LEGALITY THIS 3rd ON MAY 3, 2016 UNDER AGENDA DAY OF MAY, 2016. ITEM NO. SHUFFIELD, LOWMAN &WILSON, P.A. By: Jr -* iLL City orney ,� 4Ib