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HomeMy WebLinkAboutR-2004-129 Solid Waste Assessment Amendment RESOLUTION NO. 2004-129 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE ASSESSMENTS IN THE CITY OF DANIA BEACH; AMENDING RESOLUTION NO. 2004-116, ADOPTED JULY 26, 2004 TO CHANGE THE PUBLIC HEARING DATE FOR ASSESSMENTS TO BE COLLECTED FOR FY 2004-2005 FROM SEPTEMBER 8 TO SEPTEMBER 13, 2004 AND TO CHANGE THE PUBLICATION DATE FOR NOTICE OF SUCH HEARING FROM AUGUST 18 TO AUGUST 20, 2004 (INCLUDING A REVISION TO THE RELATED APPENDIX); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 10 of the Resolution No. 2004-116 adopted July 26, 2004, is amended to change the public hearing date for the proposed solid waste fees for the fiscal year beginning October 1, 2004, from September 8 to September 13, 2004, to be held at 7:00 pm in the City Commission Chambers of City Hall, 100 West Dania Beach Boulevard, Florida. Section 2. That Section 6 of the Resolution is amended to change the Notice of Publication date regarding the public hearing from August 18 to August 20, 2004, and the related notice, appearing in Appendix "A" attached to the Resolution, is also amended to reflect that change of date. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. -PASSED AND ADOPTED on August 10, 2004. ATTEST: -- \\ C.K. MCELYk -( MAYOR- COMMISSIONER LOUISE STILSON- 'CITY CL"ERK ROLL CALL: APPROVED AS TO FORM COMMISSIONER ANTON -YES AND-CORRECT ESS: COMMISSIONER CHUNN -YES COMMISSIONER FLURY - YES BY: VICE-MAYOR MIKES - YES THO J. XNM O MAYOR MCELYEA - YES CITY ATTORNEY RESOLUTION NO. 2004-129 APPENDIX A FORM OF NOTICE TO BE PUBLISHED To Be Published by August 20, 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 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 RESIDENTIAL Acreage $64 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 -4,999 $833 $2,179 $163 $245 $1,017 $2,331 5,000 - 9,999 $1,190 $3,113 $234 $350 $1,453 $3,331 1 , - 19,999 $2 379 $6,226 $467 $700 $2,905 $6,661 999 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 1 $11,895 1 $31,130 1 $2,335 1 $3,501 1 $14,525 1 $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. 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 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 13, 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 Agenda Request Form City of Dania Beach p Agenda Item: m Date of Commission meeting: 8/10/2004 Description of Agenda Item: Amending FY 2005 Public Hearing Commission action being requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award BID / RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Other(P,lease explain); , Summary explanation kgro and bacund Due to Property Appraiser's indication that they cannot guarantee to provide 20 days notice for non- valorem assessment prior to September 11, 2004, the City has to change its public hearing date from September 8 to September 13, 2004. Attachetl exhiibits and;ado Monal backup materials (Please list) Staff Memo Resolution and Appendix D for Fire Assessment Resolution and Appendix A for Solid Waste For purchasing requests ONLY Department: Amount: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Account Name: Account Number: Submitted by: pvarney Date: 8/2/2004 Department Director: Date: Admin. Services Director: Patricia Varney Date: 8/2/2004 Finance Director: Date: ® City Manager: Ivan Pato Date: 8/2/2004 CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: Ivan Pato, City Manager Memo: DF-04-31 FROM: Patricia Varney, Director of Finance DATE: July 31, 2004 SUBJECT: Change of First Budget Hearing Date I was informed by Property Appraiser Office on Friday, July 30, 2004 that a letter was issued to all municipalities in May informing that all non-ad valorem assessment (which includes Fire Assessment, Stormwater and Solid Waste Fees) cannot schedule for public hearing before September 11, 2004. The County indicated that they cannot guarantee the statutory requirement of twenty day notice can be met if hearing is scheduled prior to September 11, 2004. However, I have failed to receive such notice and had scheduled the public hearing date of September 8, 2004. To avoid taking any risk of violating the Florida Statutes, the Public Hearing for ad-valorem (Millage) and non-ad valorem public hearing has been rescheduled to September 13, 2004 instead of September 8. The resolution that the Commission adopted on July 26, 2004 indicating a hearing date of ® September 8 as well as the advertisement date of August 18 has to be amended to September 13 and August 20 respectively.