HomeMy WebLinkAboutR-2003-214 Solid Waste Assessment Final Rate fy 03 04 RESOLUTION NO. 2003-214
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO THE PROVISION OF SOLID WASTE SERVICE ASSESSMENTS IN
THE CITY OF DANIA BEACH, FLORIDA; REIMPOSING 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, 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. 09-96 (the "Ordinance"), which authorizes the imposition of Solid Waste Service
Assessments for Solid Waste collection and disposal services, facilities, or programs
against Assessed Property located within the City; and
WHEREAS, a Solid Waste Service Assessment is not being imposed upon all
improved properties within the City as certain improved properties are subject to either(1)
direct billing arrangements with an authorized commercial collection service provider for
collection and disposal of Solid Waste or(2)subject to effective collection for Solid Waste
management and disposal services and programs on the City's water and sewer utility bill,-
and
WHEREAS, the reimposition of a Solid Waste Service Assessment for Solid Waste
collection and disposal services, facilities, or programs less than citywide is an equitable
and efficient method of allocating and apportioning the Solid Waste Cost 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
C-1 RESOLUTION NO.2003-214
WHEREAS, the reimposition of a Solid Waste Service Assessment for Solid Waste
collection and disposal services,facilities, or programs each fiscal year is an equitable and
efficient method of allocating and apportioning the Solid Waste Cost among parcels of
Assessed Property; and
WHEREAS, the City Commission desires to reimpose a Solid Waste Service
Assessment program within the Solid Waste Annexation Area of 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 Resolution
No. 2003-174 (the "Preliminary Rate Resolution"), containing and referencing a brief and
general description of the Solid Waste collection and disposal services, facilities or
programs to be provided to Assessed Property, describing the method of apportioning the
Solid Waste Cost for Solid Waste collection and disposal services, facilities, or programs
® against Assessed Property, estimating a rate of assessment, and directing the updating
and preparation of the Assessment Roll for the upcoming Fiscal Year and, provision of
published notice required by the Ordinance and mailed notice if circumstances described in
Section 2.08(F) of the Ordinance so require; and
WHEREAS, in order to reimpose Solid Waste Service Assessments for the Fiscal
Year beginning October 1, 2003, the Ordinance requires the City Commission to adopt an
Annual Rate Resolution, during its budget adoption process for each Fiscal Year, which
establishes the rate of assessment and approves the 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
C-2 RESOLUTION NO.2003-214
WHEREAS, the updated Assessment Roll has heretofore been made available for
inspection by the public, as required by the Ordinance; and
WHEREAS, notice of a public hearing has been published and mailed as required
by the terms of the Ordinance, which provides notice to all interested persons of an
opportunity to be heard; and
WHEREAS, a public hearing was held on September 112003, and comments and
objections of all interested persons have been heard and considered as required by the
terms of the 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 Ordinance,
the Preliminary Rate Resolution, Article VIII, Section 2, Florida Constitution, sections
® 166.021 and 166.041, Florida Statutes, and other applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes
the Annual Rate Resolution as defined in the Ordinance. All capitalized terms in this
Resolution shall have the meanings defined in such Ordinance, the Initial Assessment
Resolution (Resolution No. 64-96), the Final Assessment Resolution (Resolution No.
71-96) and the Preliminary Rate Resolution.
SECTION 3. REIMPOSITION OF SOLID WASTE SERVICE ASSESSMENTS.
(A) The parcels of Assessed Property described in the Assessment Roll,which is
hereby approved, are hereby found to be specially benefited by the provision of the Solid
Waste collection and disposal services, facilities, or programs described or referenced in
the Preliminary Rate Resolution in the amount of the Solid Waste Service Assessment set
® forth in the updated Assessment Roll, a copy of which was present or available for
C-3 RESOLUTION NO.2003-214
inspection at the above referenced public hearing and is incorporated herein by reference.
It is hereby ascertained, determined and declared that each parcel of Assessed Property
within the City will be specially benefited by the City's provision of Solid Waste collection
and disposal services, facilities, or programs in an amount not less than the Solid Waste
Service Assessment for such parcel, computed in the manner set forth in the Preliminary
Rate Resolution. Adoption of this Annual Rate 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 Ordinance, the
Initial Assessment Resolution, the Final Assessment Resolution, and the Preliminary Rate
Resolution from the Solid Waste collection and disposal services, facilities, or programs to
be provided and a legislative determination that the Solid Waste Service 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 Solid Waste Service Assessments described or
referenced in the Preliminary Rate Resolution is hereby approved.
(C) For the Fiscal Year beginning October 1, 2003, the estimated 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.
An annual rate of assessment equal to $235.32 for each Dwelling Unit is hereby approved.
Solid Waste Service Assessments for Solid Waste collection and disposal services,
facilities, or programs in the amounts set forth in the Assessment Roll, as herein approved,
are hereby levied and reimposed on all parcels of Assessed Property described in such
Assessment Roll.
is
C-4 RESOLUTION NO.2003-214
(D) As authorized in Section 2.13 of the Ordinance, interim Solid Waste Service
Assessments are also levied and imposed against all property for which a Certificate of
Occupancy is issued after adoption of this resolution based upon the rates of assessment
approved herein.
(E) Solid Waste Service Assessments shall constitute a lien upon the Assessed
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.
(F) The Assessment Roll, as herein approved,together with the correction of any
errors or omissions as provided for in the Ordinance, shall be delivered to the Tax Collector
for collection using the tax bill collection method in the manner prescribed by the
Ordinance.
® SECTION 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION. The
Preliminary Rate Resolution is hereby confirmed.
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Annual Rate 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
Assessed Property,the method of apportionment and assessment,the rate of assessment,
the Assessment Roll and the levy and lien of the Solid Waste Service 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 Rate Resolution.
SECTION 6. EFFECTIVE DATE. This Annual Rate Resolution shall take effect
immediately upon its passage and adoption.
C-5 RESOLUTION NO.2003-214
PASSED AND ADOPTED on SEPTEMBER 11, 2003.
124KAWTON
MAYOR - CO MISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN - YES
URI COMMISSIONER FLURY -YES
CHARLENE JOH ON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON -YES
APPROVED AS TO OR ' AND CORRECTNESS:
BY:1,,
THOMAS J ANS RO
CITY ATTORNEY
•
C-6 RESOLUTION NO.2003-214
The Miami Herald
A Knight-Ridder Newspaper
PUBLISHED DAILY
MIAMI,FLORIDA
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 newsparper ublished at Miami in D de County,Florida,that the
advertisement for
was published in sai&new'spaper in the issue of:
� -� o, a ° 63 _Pco, �c S�
Affiant fiuther 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 fast publication of the attached
copy of advertisement.
aA-A.t-1 L-A-�
Anne Devereaux
Sworn to and subscribed before me
This 2� day of `� A.D. 2003
M' ' X
i '` n ]�?,#=3R
® M Henry =wI
����F F\-
AiuLLCt# iuN:Ulr rir�t KtSUUE SPECIAL ASSESSMENTS,
,.STORMWATER ASSESSMENTS, AND SOLID WASTE
SERVICE SPECIAL ASSESSMENTS
' CITY OF DANIA BEACH
BOUNDARY MAP
A
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 CRY-WIDE,WHILE"SOLID WASTE SPECIAL ASSESSMENTS ARE BEING IMPOSED ONLY ON.
RESIDENTIAL PROPERTY WEST OF RAVENSWOOD ROAD(REFERRED TO AS THE-SOLID WASTE ASSESSMENTAREAq.
FIRE RESCUE SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Dania Beach will conduct a publ
hearing to consider reimposing fire rescue assessments forthe provision of fire rescue services withi
the City of Dania Beach for the Fiscal beginning October 1,2003
The assessment for each parcel of property will be based upon each parcel's classification an
the total number of billing.units attributed to that parcel.The following table reflects the proposed fir
rescue assessment schedule
STORMWATER SPECIAL ASSESSMENTS ,
Notice is hereby given that the City Commission of the City of Dania Beach wilPconducf a public hearing.to consider reimposition of storm
water assessments for the provision of storm Water management services wdhm 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 percert6ge of inrpernous area as
compared in 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"EAU"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 annual
mily residence in the City is
practical impossibility,allsingle-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(11A)is calculated for the condominium community,including parking and
association property.The total area(TA)encompassed by the development is determined as follows:
((rWl720)x(rW(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 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(TIN 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
•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:(TW1720)x(TW(0 26 x TA)
A new credit system has been developed for those properties that retain stormwater on site.The policy grants an eighty(80)percent
credit to those properties.Properties 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 Resoluton(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 Rolland 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
A PUBLIC HEARING WILL BE HELD AT 7 00 P.M. OWSEPTEMBER.11,;2003,'IN THE CITY (
BEACH, FLORIDA, FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT ON ALL OF THE Pf
and to file written objections with the City Commission within 20.days of this notice. if a persi
considered at the hearing, such person will need a record of the proceedings and may need to
appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing e
City Clerk's office at(954)924-3622,at least two days prior to the date of the hearing.
v ntawtN i wu Rate Per Dwelling Unit
PROPERTY .
USE
CATEGORIES
Residential $91
NON- Vacant Per
RESIDENTIAL Acreage '$69 P.
• PROPERTY
USE Building sir
CATEGORIES Classification nu
(in square Industrial/, qsr±
footage Commercial Assembly Warehouse Educational Hotel/.Motels . Medical
"range) gsi
he
<1`,999 :.. . ,.$248 $477 $47 $67 1..$390 $520
2,000-3,499 495 953 95 : 133 ` 781 1 040 :Ro
3,500-4,999 $867 $1 668 $166 $233 $1 367Ej2�6
820 sbo,
5 000-9,999S1.239 2,383 237 333 1 952 00
10,000 0;
19,999 $2;477 $4,766 $473. $667. $3,905 $5,199
20,000
!9!.
29 999 $4 954 $9 532 $946 $1 334 $7 809 -$10 399 �91
30,000 mop
39;999 $7,431 $14,298 $1,419 $2,001 $11,714 $15,598
40,000
�79.
49 999 $9 908 $19 064 $1 893 $2 668 $15 619 $20 797
>50,000 $12,385 $23,830 $2,366 $3,335. $19,523 $25,997 iils;
vr>
Copies of the Fire Rescue Assessment ordinance(Ordinance No.10-06),the Initial Assessment Resolution(Resolution Novi
63-96),Resolution No.110-97,the Final Assessment"Resolution(Resolution No.72-96),the Preliminary Rate Resolubon initiating g
annual process of.updating the Assessment Roll.and reimposing;the.Fire Rescue Assessments, documentation,related to �e`,
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 year are available for inspection at the City Clerk's office
It you`have any questions please contact the City s Department of Finance at (954) 924 3672 Monday throt>�Cjfi
Friday between 9`00 a.m.and 4:00 p m
�.. -..
SOLID WASTE SERVICE ASSESSMENTS ;: ,n
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_A
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 provides
other than the City,to fund the cost of solid collection and disposal services and programs provided to such}
properties and to authorize collection-of such assessments on the tax bill >o i
The solid waste service assessments will be computed by.multiplying the number of dwelling units ow
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`,ssessment'Ordinanc' (Ordinance No:9-96), the Initial Assessmei>,
Resolution (Resolution No.64-96j,the Final Assessment Resolution (Resolution No.71-96),the Preliminary Ratea
Resolution initiating the annual process of updating the Assessment Roll and reimposing the Solid waste Servicd
Assessments, and the updated Assessment Roll.for the upcoming fiscal year are available for inspection at tN :;,
City Clerk's office. . T13-
If you have any questions, please contact the City s Department of Fnance at(954) 924 3672, Mondays
through Friday between 9:00 a m:and 4 00 p.m "q'
The above special assessments will be collected on the ad valorem tax bill to be mailed in Novembew
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 alternative funding and collection approach for these vital and essential services. !r>'
u
bei
m'nM
,OMMISSION CHAMBERS,OF CITY.HA,LL, 100 WEST DANIA BEACH BOULEVARD, DANIA-b
NOSED ASSESSMENTS.All affected`property owners have a right to appear: at the hearino
410
on decides to appeal anydecision 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
A . contact the
I special accommodation or an interpreter to participate In this proceeding should •
CITY COMMISSION OF THE;
CITY OF DANIA BEACH, FLOmbD