HomeMy WebLinkAboutR-2003-213 Stormwater Assessment Rate Final fy 03 04 RESOLUTION NO. 2003-213
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
RELATING TO THE PROVISION OF STORMWATER MANAGEMENT
SERVICES IN THE CITY OF DANIA BEACH, FLORIDA; IMPOSING AND
REIMPOSING STORMWATER ASSESSMENTS AGAINST PROPERTY
LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2003; APPROVING THE RATE OF
ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of Dania Beach, Florida, has enacted
Ordinance No. 13-96, as amended (the "Stormwater Utility Ordinance"), which
authorizes the imposition of Stormwater Assessments for Stormwater Management,
capital and administrative services against Property located within the City; and
WHEREAS the imposition and reimposition of a Stormwater Assessment for
Stormwater Management Services each fiscal year is an equitable and efficient method
of allocating and apportioning Stormwater Service Costs among parcels of Property;
and
WHEREAS, the City Commission desires to impose and reimpose a stormwater
assessment program within the City using the tax bill collection method for the Fiscal
Year beginning on October 1, 2003; and
WHEREAS, the City Commission, on July 24, 2003, adopted a preliminary rate
of $23.00 per ERU, containing and referencing a brief and general description of the
Stormwater management, capital and administrative services to be provided to property,
describing the method of apportioning the Stormwater Service Cost for Stormwater
management, capital and administrative services against property, estimating a rate of
assessment, and directing the updating and preparation of the Stormwater Assessment
Roll for the upcoming Fiscal Year and, provision of published notice required by the
- 1 - RESOLUTION NO. 2003-213
Stormwater Utility Ordinance and mailed notice only in the event circumstances
described in section 197.3632(4)(a), Florida Statutes, so require; and
WHEREAS, in order to reimpose Stormwater Assessments for the Fiscal Year
beginning October 1, 2003, the Stormwater Utility Ordinance requires the City
Commission to adopt an Annual Stormwater Assessment Resolution during its budget
adoption process for each Fiscal Year, which establishes the rate of assessment and
approves the Stormwater Assessment Roll for the upcoming Fiscal Year, with such
amendments as the City Commission deems appropriate, after hearing comments and
objections of all interested parties; and
WHEREAS, the updated Stormwater Assessment Roll has heretofore been
made available for inspection by the public, as required by the Stormwater Utility
Ordinance; and
WHEREAS, notice of a public hearing has been published and mailed as
• required by the terms of the Stormwater Utility Ordinance, which provides notice to all
interested persons of an opportunity to be heard; and
WHEREAS, a public hearing was held on September 11, 2003, and comments
and objections of all interested persons have been heard and considered as required by
the terms of the Stormwater Utility Ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Authority. This resolution is adopted pursuant to the Stormwater
Utility Ordinance, the Preliminary Rate Resolution, Article Vill, Section 2, Florida
Constitution, sections 166.021 and 166.041, Florida Statutes, and other applicable
provisions of law.
•
- 2 - RESOLUTION NO. 2003-213
Section 2. Definitions and Interpretation. This resolution constitutes the
Annual Stormwater Assessment Resolution as defined in the Stormwater Utility
Ordinance. All capitalized terms in this resolution shall have the meanings defined in
such Stormwater Utility Ordinance, the Initial Stormwater Assessment Resolution
(Resolution No. 73-96), the Final Stormwater Assessment Resolution (Resolution No.
86-96, as amended and supplemented by Resolution No. 103-96 and Resolution
No.116-96) and an action approved the Preliminary Rate on July 24, 2003, by the City
Commission.
Section 3. Imposition and Reimposition of Stormwater Assessments.
(A) The tax parcels of Property described in the Stormwater Assessment Roll,
as updated, which is hereby approved, are hereby found to be specially benefited by the
provision of the Stormwater management, capital and administrative services described
or referenced in the Preliminary Rate Resolution, in the amount of the Stormwater
® Assessment set forth in the updated Stormwater Assessment Roll, a copy of which was
present or available for inspection at the above referenced public hearing and is
incorporated herein by reference. Within same is ascertained, determined and declared
the estimated revenue to be derived from the imposition of Stormwater Assessments at
the rate of $23.00 per ERU. Adoption of this Annual Stormwater Assessment Resolution
constitutes a legislative determination that all parcels assessed derive a special benefit
in a manner consistent with the legislative declarations, determinations and findings as
set forth in the Stormwater Utility Ordinance, the Initial Stormwater Assessment
Resolution, the Final Stormwater Assessment Resolution, as amended, and the
Preliminary Rate Resolution from the Stormwater management, capital and
administrative services to be provided and a legislative determination that the
- 3 - RESOLUTION NO. 2003-213
Stormwater Assessments are fairly and reasonably apportioned among the properties
that receive the special benefit as set forth in the Preliminary Rate Resolution.
(B) The method for computing Stormwater Assessments described or
referenced in the Preliminary Rate Resolution, inclusive of the Mitigation Credit Policy
adopted in the amended Stormwater Utility Ordinance, is hereby approved.
(C) Based upon the rates of assessment approved herein, an interim
Stormwater Assessment shall be imposed against all property for which a Certificate of
Occupancy is issued or change in land use occurs after adoption of the Annual
Stormwater Assessment Resolution. The amount of the interim Stormwater
Assessment shall be calculated upon a monthly rate, which shall be one-twelfth of the
annual rate for such property computed in accordance with the Annual Stormwater
Assessment Resolution for the Fiscal Year in which the Certificate of Occupancy is
issued or change in land use occurs. Such monthly rate shall be imposed for each full
® calendar month remaining in the Fiscal Year. In addition to the monthly rate, the interim
Stormwater Assessment shall also include an estimate of the subsequent Fiscal Year's
Stormwater Assessment. No Certificate of Occupancy shall be issued until full payment
of the interim Stormwater Assessment is received by the City. Issuance of the
Certificate of Occupancy by mistake or inadvertence, and without the payment in full of
the interim Stormwater Assessment, shall not relieve the owner of such property of the
obligation of full payment. For the purpose of this provision, such interim Stormwater
Assessment shall be deemed due and payable on the date the Certificate of Occupancy
was issued and shall constitute a lien against such property as of that date. Said lien
shall be equal in rank and dignity with the liens of all state, county, district or municipal
taxes and special assessments and superior in rank and dignity to all other liens,
- 4 - RESOLUTION NO. 2003-213
encumbrances, titles and claims in and to or against the real property involved and shall
be deemed perfected upon the issuance of the Certificate of Occupancy.
(D) Stormwater Assessments shall constitute a lien upon the Property so
assessed equal in rank and dignity with the liens of all state, county, district or municipal
taxes and other non-ad valorem assessments. Except as otherwise provided by law,
such lien shall be superior in dignity to all other liens, titles and claims, until paid.
Section 4. Confirmation of Preliminary Annual Rate Resolution. The
Preliminary Rate Resolution is hereby confirmed.
Section 5. Effect of Adoption of Resolution. The adoption of this Annual
Stormwater Assessment Resolution shall be the final adjudication of the issues
presented (including, but not limited to, the determination of special benefit and fair
apportionment to the Property, the method of apportionment and assessment, the rate
of assessment, the Stormwater Assessment Roll and the levy and lien of the
Stormwater Assessments), unless proper steps shall be initiated in a court of competent
jurisdiction to secure relief within 20 days from the date of this Annual Stormwater
Assessment Resolution.
Section 6. Effective Date. This Annual Stormwater Assessment Resolution
shall take effect immediately upon its passage and adoption.
PASSED and ADOPTED on SEPTEMBER
B B AN ON
MAYOR
•
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ATTEST: ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
t�KAIRLENE JO SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON - YES
APPROVED AS TO FORM'AND CORRECTNESS:
BY: / , A J.
n�
THOMAS/ . ANSBRO
CITY ATTORNEY
•
•
- 6 - RESOLUTION NO. 2003-213
The Miami Herald
A Knight Ridder Newspaper
PUBIJSHED DAILY
NUAW FLORHU
STATE OF FLORIDA
COUNTY OFDADE
Before the undersigned authority personally appeared:
Anne Devereaux
who on oath that he/she is
DISPLAY ADVERTISING MANAGER
of The Miami Herald,a daily newsp ublished at m D4de County,Florida,that the
advertisement for D �(�� ��G�
was published in saifnew� m the issue of
Affiant further says that the said Miami Herald is a newspaper published at Miami,in the said Dade
County,Florida,and that the said newspaper has heretofore been continuously published-in said Dade
County,Florida,each day and has been entered as second class mail matter at the post office in Miami,in
said Dade County,Florida,for a period of one year next preceding the first publication of the attached
copy of advertisement.
Anne Devereaux
Sworn to and subscribed before me
This �� day of A.D. 2003
M Henry m t,
30
vv�."..I num ur nnu- nr-aluuC arCUTAL A551:53MENT;
•_4STORMWATER ASSESSMENTS, AND SOLID WASTE
SERVICE SPECIAL ASSESSMENTS
CITY OF DANIA BEACH J
• BOUNDARY MAP
THE REFERENCED MAP SHOWS THE ENTIRE CITY OF DANIA BEACH AND ANNEXED'AREA WEST OF THE CRY.THE MAP REFLECTS THAT FIRE RESCUE ASSESSMENTS AND STORMWATER ASSESSMENTS ARE BEING IMPOSED ON
IMPROVED PROPERTY CITY-WIDE,WHILE SOLID WASTE SPECIAL ASSESSMENTS ARE BEING IMPOSED ONLY ON
RESIDENTIAL PROPERTY WESTOF RAVENSWOOD ROAD(REFERRED TO AS THE'SOLID WASTE ASSESSMENT AREAJ.
FIRE RESCUE SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Dania Beach will conduct a pu,
hearing to consider reimposing fire rescue assessments for the provision of fire rescue services wit
the City of Dania Beach for the Fiscal Year beginning October 1,2003.
The assessment for each parcel of property will be based upon each parcel's classification
the total number of billing.units attributed to that parcel.The following table reflects the proposed i
rescue assessment schedule
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 store
Water assessments for the provision of storm water management Services within the City of Dania Beach for the Fiscal Year beginning October 1
2003.
• The stormwater assessments are based on two components-the impervious area of the property and the percentage of impervious area a:
compared in the median single family home.Both variables are required to determine the appropriate amount of stormwater runoff generated b�
impervious surface on each parcel of property.Impervious surfaces include the roof top,patios,driveways,parking lots and similar areas.The Cih
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 6,50t
square feet,which is defined as one"equivalent residential unit'or"ERU"and has an impervious factor of 0.26.The annual stormwater assessmem
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.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(rA)encompassed by the development is determined as follows:
((TIA/1720)x(rW/(0.26 x TA)unumber 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 operation component
as follows:0.2 x TA16500.
•For mobile home parks,the typical mobile home,drive,pad and ancillary activities constitute 1300 square feet Therefore
the total impervious area(T1A)for mobile home parks was determined by multiplying the number of potential mobile
homes by 1300.The formula is:(13 x No of MHs/1720)x(TW(0.26 x TA) _
•For all other property uses the total impervious area(nA)is calculated for the property,including parking.The total area\
(TA)encompassed by the development is also calculated.The assessment is determined as follows:(rW1720)x(TW(0.26 x TA)
A new credit system has been developed for those properties that retain stormwater on sRe.The policy grants an eighty(80)percent
credit to those properties.Properties that cannot benefit in anyway from the City's SWIWater program are granted 100 percent credits.
Copies of the Stormwater Utiiity 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
office. year are available for inspection at the City Clerk's
If you have any questions,please coritact the City's Department of Finance at(954)924-3672 between 9:00 a.m.and 4:00 p.m.
A PUBLIC HEARING WILL BE HELD AT 7:00 P.M. ON SEPTEMBER 11,:2003, IN THE CITY
BEACH, FLORIDA, FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT ON ALL OF THE F
and to file written objections with the City Commission within 20.days of this notice. If a per
considered at the hearing, such person will need a record of the proceedings and may need tc
appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing
City Clerk's office at(954) 924-3622,at least two days prior to the date of the hearing.
L� r 7
----_-_T- Rate Per Dwelling Unit
PROPERTY bim
USE
CATEGORIES
Residential $91
NON- Vacant Per
RESIDENTIAL Acreage $69 ) j+
PROPERTY --
• USE Building s6
CATEGORIES Classification �nu
(in square Industrial/.
footage Commercial Assembly Warehouse Educational. Hotel/Motels Medical
age) gst
M
<1',999 $248 $477 $47 $67 $390 $520 zils
2,000-3,499 $495 953 95 133 781 1 040
3,500-4,999 $867 $1 668 $166 $233 $1 367 $1 820
5,000-9,999 $1,239 $2,383 237 333 $1,952 $2,600 0,
10,000 - o0
19,999. $2,477 $4,766 $473 $667 $3,905 $5,199
20,000- rs-r
29 999 $4 954 $9 532 $946 $1 334 $7 809 $10 399
30,000 - _ met
39,999 $7,431 $14,298 $1,419 $2,001 $11,714 '-$15,598 ,e
40,000 - Viq
49,999 $9 908 $19 064 $1 893 $2 668 $15 619 $20 797
>50,000 $12,385 $23,830 1 $2,366 $3,335 $19,523 $25,997
t;r
Copies of the Fire Rescue Assessment Ordinance(Ordinance No.10-96) the Initial Assessment Resolution(Resolution NO;i.
63-96),Resolution No.110-97,the Final Assessment Resolution(Resolution No.72-96),the Preliminary Rate Resolution inflating th1
annual process of.updating the Assessment Roll and reimposing the Fire Rescue Assessments, documentation related to theff,.
estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition of Fire Rescue Assessments,and
updated Assessment Roll for the upcoming fiscal yeavare 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. �yc,
•:,SOLID WASTE SERVICE ASSESSMENTSxict
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, 2003, again. .
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 provider
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. )Ow
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 $236.76L:,
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 Assessmen;,•
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 tqq.
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. nna
The above special assessments.will be collected on the ad valorem tax bill to be mailed in November✓
2003, as authorized by section 197.3632, Florida Statutes. Failure to pay the assessments will cause a taz"
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 aftemative funding and collection approach for these vital and essential services. J lU'
b9i
;OMMISSION CHAMBERS OF CITY HALL, 100 WEST DANIA BEACH BOULEVARD, DANIA 1;
30POSED ASSESSMENTS.All affected property owners have a right to appear at the hearing;,
on decides to appeal any decision made.by the City Commission with respect to any matter
ensure that a verbatim record is made, including the testimony and evidence upon which the
I special accommodation or an interpreter to participate in this proceeding should contact the
CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLOFUIDk�