HomeMy WebLinkAboutR-2004-116 Solid Waste Preliminary RESOLUTION NO. 2004-116
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, 2004; 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
y
the City, using the tax bill collection method for the Fiscal Year beginning on October 1,
2004;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
1 RESOLUTION NO. 2004-116
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, 2004. 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.
.'g
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.
2 RESOLUTION NO. 2004-116
Section 4. Legislative Determinations of Special Benefit and Fair
Appointment. That the legislative determinations of special benefit and fair
Pp
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, 2004, for which Solid Waste Service
Assessments for Solid Waste collection and disposal services, facilities and programs
are to be reimposed, the Solid 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
• $235.32 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, 2004 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
3 RESOLUTION NO. 2004-116
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
therefor among parcels of Assessed Property.
Section 6. Authorization of Public Hearing. That there is hereby established a
public hearing to be held at 7:00 p.m. on September 8, 2004, 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,
2004 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 18, 2004, in substantially the form attached hereto as
Appendix A.
4 RESOLUTION NO. 2004-116
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.
PASSED and ADOPTED on this 26th day of July, 2004
C.K. LYE
MAYOR — COMMISSIONER
A TEST: ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN —YES
MIRIAM NASSER COMMISSIONER FLURY- YES
DEPUTY CITY CLERK VICE-MAYOR MIKES - YES
MAYOR MCELYEA - YES
APPROVED AS T/9 FO M AND CORRECTNESS:
BY: / (-\. � —4
THOMA J. AN Sc ZO
• CITY ATTORNEY
5 RESOLUTION NO. 2004-116
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
To Be Published by August 18, 2004
INSERT MAP OF CITY SHOWING CITY AND ANNEXED
AREA. MAP NEEDS TO REFLECT THAT FIRE RESCUE
ASSESSMENTS AND STORMWATER ASSESSMENTS
ARE BEING IMPOSED ON PROPERTY CITY-WIDE,
WHILE SOLID WASTE SPECIAL ASSESSMENTS ARE
BEING IMPOSED ONLY ON RESIDENTIAL PROPERTY
WITHIN THE SOLID WASTE ASSESSMENT AREA.
NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR
COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS,
STORMWATER ASSESSMENTS, AND
SOLID WASTE SERVICE SPECIAL ASSESSMENTS
FIRE RESCUE SPECIAL ASSESSMENTS
w:x+,
Notice is hereby given that the City Commission of the City of Dania Beach will
conduct a public hearing to consider reimposing fire rescue assessments for the
provision of. fire rescue services within the City of Dania Beach for the Fiscal Year
beginning October 1, 2004.
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 following
table reflects the proposed fire rescue assessment schedule.
A-1
RESIDENTIAL Rate Per Dwelling Unit
• PROPERTY
USE
CATEGORIES
Residential $94.50
NOW Vacant Per $64
RESIDENTIAL Acreage
PROPERTY
USE Building
CATEGORIES classification
(in square Industrial/ Hotel/
footage Commercial Assembly Warehouse Educational Motels Medical
range)
< 1,999 $238 $623 $47 $70 $291 $666
2,000 -3,499 $476 $1,245 $93 $140 $581 $1,332
3,500-41999 $833 $2,179 $163 $245 $1,017 $2,331
5,000 -9,999 $1,190 $3,113 $234 $350 $1,453 $3,331
10,000- $2 379 $6,226 $467 $700 $2,905 $6,661
19,999
20,000- $4,758 $12,452 $934 $1,400 $5,810 $13,323
29,999
30,000- $7,137 $18,678 $1,401 $2,101 $8,715 $19,984
39,999
40,000- $9 516 $24,904 $1,868 $2,801 $11,620 $26,645
• 49,999
> 50,000 $11,895 $31,130 $2,335 $3,501 $14,525 $33,307
Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 10-96), the
Initial Assessment Resolution (Resolution No. 63-96), Resolution No. 110-97, the Final
Assessment Resolution (Resolution No. 72-96), the Preliminary Rate Resolution
initiating the annual process of updating the Assessment Roll and reimposing the Fire
Rescue Assessments, documentation related to the estimated amount of the Fire
Rescue Assessed Cost to be recovered through the imposition of Fire Rescue
Assessments, and the updated Assessment Roll for the upcoming fiscal year are
available for inspection at the City Clerk's office.
If you have any questions, please contact the City's Department of Finance at
(954)924-3672, Monday through Friday between 9:00 a.m. and 4:00 p.m.
` STORMWATER SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Dania Beach will
conduct a public hearing to consider reimposition of stormwater assessments for the
provision of stormwater management services within the City of Dania Beach for the
Fiscal Year beginning October 1, 2004.
A-2
The stormwater assessments are based on two components — the impervious
area of the property and the percentage of impervious area of the property, both as
compared to the median single family home. Both variables are required to determine
• the appropriate amount of stormwater runoff generated by impervious surface on each
parcel of property. Impervious surfaces include the roof top, patios, driveways, parking
lots and similar areas. The City has determined that the median single-family residence
in the City includes 1,720 square feet of impervious surface on a median lot size of
6,500 square feet, which is defined as one "equivalent residential unit" or "ERU" and
has an impervious factor of 0.26. The annual stormwater assessment rate for the
upcoming fiscal year will be $23.00 for each ERU. Since verifying the impervious
surface for each single-family residence in the City is a practical impossibility, all single-
family residences have been assigned one ERU. Mobile homes on owner occupied lots
in trailer parks have been assigned one-half ERU. For mobile homes on owner
:£ occupied lots, where there may be common area associated with the development, a
proportionate share of the common area has been added to the mobile home
assessment. All other properties have been calculated individually as follows:
• For condominiums, the total impervious area (TIA) is calculated for the
condominium community, including parking and association property. The total
area (TA) encompassed by the development is determined as follows:
• ((TIA/1720) x (TIA/(0.26 x TA))/number of units in complex.
• While vacant property has no impervious area, it may still contribute to the City's
stormwater system, so the assessment is based on the total area (TA). As a
result, vacant property assessments are calculated without the operating
component as follows: 0.2 x TA/6500.
• For mobile home parks, the typical mobile home, drive, pad and ancillary
activities constitute 1300 square feet. Therefore the total impervious area (TIA)
for mobile home parks was determined by multiplying the number of potential
mobile homes by 1300. The formula is: (1300 x No of MHs/1720) x (TIA/(0.26 x
TA)
• For all other property uses the total impervious area (TIA) is calculated for the
property, including parking. The total area (TA) encompassed by the
development is also calculated. The assessment is determined as follows:
(TIA/1720) x (TIA/(0.26 x TA)
A stormwater assessment credit system has been developed for those properties
that demonstrate that they retain stormwater on site in accordance with SFWMD
• permits. The policy grants an eighty (80) percent credit to those properties. Properties
A-3
that cannot benefit in anyway from the City's stormwater program are granted 100
percent credits.
• Copies of the Stormwater Utility Ordinance (Ordinance No. 13-96), the Initial
Stormwater Assessment Resolution (Resolution No. 73-96), the Final Stormwater
Assessment Resolution (Resolution No. 73-96, as amended by Resolution No. 103-96
and Resolution 116-96), the Preliminary Rate Resolution initiating the annual process of
updating the Assessment Roll and reimposing the Stormwater Assessments, the
proposed amendments to the Stormwater Ordinance and the updated Stormwater
Assessment Roll for the upcoming fiscal year are available for inspection at the City
Clerk's office.
If you have any questions, please contact the City's Department of Finance at
(954) 924-3672 between 9:00 a.m. and 4:00 p.m.
s
SOLID WASTE SERVICE ASSESSMENTS
Notice is hereby given that the City Commission of the City of Dania Beach will
conduct a public hearing to consider reimposing solid waste service assessments for
the Fiscal Year beginning October 1, 2004, against certain improved residential
properties located within those incorporated areas of the City of Dania Beach annexed
• pursuant to Chapter 90-483, Laws of Florida, and Chapter 2000-474, Laws of Florida
(referred to as the "Solid Waste Assessment Area"), or any other incorporated area
served by water and sewer service providers other than the City, to fund the cost of
solid waste collection and disposal services and programs provided to such properties
't and to authorize collection of such assessments on the tax bill.
The solid waste service assessments will be computed by multiplying the number
of dwelling units on each parcel by the rate of assessment. The rate of assessment for
the upcoming fiscal year shall be $236.76. Unimproved properties, mobile home parks,
apartments with four or more dwelling units, condominiums, or commercial properties
are not subject to the solid waste service assessment.
Copies of the Solid Waste Service Assessment Ordinance (Ordinance No. 9-96),
the Initial Assessment Resolution (Resolution No. 64-96), the Final Assessment
Resolution (Resolution No. 71-96), the Preliminary Rate Resolution initiating the annual
process of updating the Assessment Roll and reimposing the Solid Waste Service
Assessments, and the updated Assessment Roll for the upcoming fiscal year are
available for inspection at the City Clerk's office.
If you have any questions, please contact the City's Department of Finance at
(954)924-3672, Monday through Friday between 9:00 a.m. and 4:00 p.m.
. The above special assessments will be collected on the ad valorem tax bill to be
mailed in November 2004, as authorized by section 197.3632, Florida Statutes. Failure
A-4
to pay the assessments will cause a tax certificate to be issued against the property
which may result in a loss of title (ownership) of one's real property. These special
assessment programs proved to be successful last year in fairly and efficiently providing
a much needed alternative funding and collection approach for these vital and essential
services.
A PUBLIC HEARING WILL BE HELD AT 7:00 P.M. ON SEPTEMBER 8, 2004,
IN THE CITY COMMISSION CHAMBERS OF CITY HALL, 100 WEST DANIA BEACH
BOULEVARD, DANIA BEACH, FLORIDA, FOR THE PURPOSE OF RECEIVING
PUBLIC COMMENT ON ALL OF 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 (954) 924-3622, at least two days prior to the date of
the hearing.
CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA
•
•
A-5