The URL can be used to link to this page

Home My WebLink AboutR-2006-129 Solid Waste Assessment RESOLUTION NO. 2006-129 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE NOT TO EXCEED ASSESSMENT RATE FOR SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA AND THE ANNEXED AREA DESCRIBED IN CHAPTER 2000-474, LAWS OF FLORIDA, OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach, Florida, enacted Ordinance No. 9-96 (the "Ordinance"), which authorizes the reimposition of annual Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities or programs against certain Assessed Property within the City; and ® WHEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste collection and disposal services, facilities or programs less than citywide has proven to be an equitable and efficient method of allocating and apportioning Solid Waste Costs among parcels of Assessed Property located in those incorporated areas of the City annexed pursuant to Chapter 90-483, Laws of Florida (the "Griffin Road Annexation Area") and annexed pursuant to Chapter 2000-474, Laws of Florida(collectively referred to as the "Solid Waste Assessment Area"); and WHEREAS, the City Commission desires to reimpose an annual Solid Waste collection and disposal assessment program within the Solid Waste Assessment Area, or any other incorporated area served by water and sewer service providers other than the City, using the tax bill collection method for the Fiscal Year beginning on October 1, 2006; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Authority. That this resolution is adopted pursuant to the provisions of the Solid Waste Service Assessment Ordinance (Ordinance No. 09-96), the Initial Assessment Resolution (Resolution No. 64-96), the Final Assessment Resolution (Resolution No. 71-96), sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. Section 2. Purpose and Definitions. That this resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the Assessment Roll and directs the reimposition of Solid Waste Service Assessments for the Fiscal Year beginning October 1, 2006. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. Section 3. Provision and Funding of Solid Waste Services. That upon the imposition of Solid Waste Service Assessments for Solid Waste collection and disposal against Assessed Property located within the Solid Waste Assessment Area or any other incorporated area served by water and sewer service providers other than the City, the City shall provide Solid Waste • collection and disposal services to such Assessed Property. It is hereby ascertained, determined, and declared that each parcel of Assessed Property located within the Solid Waste Assessment Area or any other incorporated area served by water and sewer service providers other than the City will be benefited by the City's provision of Solid Waste collection and disposal services in an amount not less than the Solid Waste Service Assessment imposed against such parcel, computed in the manner set forth in this Preliminary Rate Resolution. Section 4. Legislative Determinations of Special Benefit and Fair Appointment. That the legislative determinations of special benefit and fair apportionment embodied in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution are affirmed and incorporated herein by reference. Section 5. Establishment of Annual Solid Waste Service Assessment Rate. That for the Fiscal Year beginning October 1, 2006, for which Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities and programs are to be reimposed, the Solid 2 RESOLUTION#2006-129 • Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcel's classification as Residential Property and the number of Dwelling Units for such parcels. Those parcels assigned a DOR Code of 01 and 08 by the Property Appraiser on the Tax Roll that contain four Dwelling Units or less shall be classified as Assessed Property. A rate of assessment not to exceed $240.12 for each dwelling unit is hereby established. The City Manager is hereby directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year beginning October 1, 2006 in the manner provided in the Ordinance. Such updated Assessment Roll shall contain the following: (1) a summary description of all Assessed Property within the Solid Waste Assessment Area or any other incorporated area served by water and sewer service providers other than the City conforming to the description contained on the Tax Roll, (2) the name and address of the owner of record of each parcel as shown on the Tax Roll, and (3) the amount of the Solid Waste Service Assessment for Solid Waste collection and disposal services. Copies of this Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution and the updated Assessment Roll are maintained on file in the office of the City Clerk and are open to public inspection. The foregoing shall not be construed to require that the updated Assessment Roll be in printed form if the amount of the Solid Waste Service Assessment for each parcel of property can be determined by use of a computer terminal available to the public. The Solid Waste Service Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment rate by the number of Dwelling Units on such parcel. It is hereby ascertained, determined, and declared that the foregoing method of determining the Solid Waste Service Assessments for Solid Waste collection and disposal services is a fair and reasonable method of apportioning the Solid Waste Cost therefore among parcels of Assessed Property. 3 RESOLUTION#2006-129 • Section 6. Authorization of Public Hearing. That there is hereby established a public hearing to be held at 7:00 p.m. on September 14, 2006, in City Commission Chambers of City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, at which time the City Commission will receive and consider any comments on the Solid Waste Service Assessments from the public and affected property owners and consider reimposing Solid Waste Service Assessments for the Fiscal Year beginning October 1, 2006 and collecting such assessments on the same bill as ad valorem taxes. Section 7. Notice of Publication. That the City Clerk shall publish a notice of the public hearing authorized by Section 6 of this Preliminary Rate Resolution in the manner and time provided in Sections 2.04 and 2.08 of the Ordinance. The notice shall be published no later than August 22, 2006, in substantially the form attached hereto as Appendix A. Section 8. Notice by Mail. That the Director of Finance shall provide information on the public hearing and the "not to exceed" rate to the Broward County Property Appraiser's Office • to be included in the TRIM (Truth in Millage) Notice which will serve as first class notice as required by the Ordinance. Section 9. Severability. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this resolution. Section 10. Conflict. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 11. Effective Date. That this resolution shall be in force and take effect immediately upon its passage and adoption. 4 RESOLUTION#2006-129 • PASSED and ADOPTED on July 26, 2006. 4?� )02�� PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO ml AND CORRECTNESS: BY: T OM J. A SBRO CITY ATTORNEY 5 RESOLUTION#2006-129