HomeMy WebLinkAboutR-2001-135 CITY OF DANIA BEACH, FLORIDA
RESOLUTION NO. 2001-135
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, RELATING TO THE PROVISION OF
STORMWATER MANAGEMENT SERVICES PROVIDED
BY THE CITY'S STORMWATER UTILITY; ESTABLISHING
THE ESTIMATED ASSESSMENT RATE FOR
STORMWATER ASSESSMENTS FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2001; DIRECTING THE
PREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions
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. 86-96, as amended by Resolution 103-96 and Resolution
No. 116-96), sections 166.021 and 166.041, Florida Statutes, and other applicable
provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS. This Preliminary Rate Resolution
shall serve to initiate the annual process for updating the Stormwater Assessment Roll
and directs the reimposition of Stormwater Assessments for the Fiscal Year beginning
October 1, 2001. All capitalized words and terms not otherwise defined herein shall
have the meanings set forth in the Stormwater Utility Ordinance, the Initial Stormwater
Assessment Resolution and the Final Stormwater Assessment Resolution, as amended.
1 RESOLUTION NO: 2001-135
Unless the context indicates otherwise, words imparting the singular number, include
the plural number, and vice versa.
SECTION 3. PROVISION AND FUNDING OF STORMWATER SERVICES.
(A) Upon the imposition of Stormwater Assessments for stormwater
management services against Developed Property located within the City, the City shall
provide stormwater management services to such Developed Property. A portion of the
cost to provide such stormwater management services shall be funded from proceeds
of the Stormwater Assessments. The remaining cost required to provide stormwater
management services shall be funded by available City revenues other than Stormwater
Assessment proceeds.
(B) It is hereby ascertained, determined, and declared that each parcel of
Developed Property located within the City will be benefited by the City's provision of
stormwater management services in an amount not less than the Stormwater
Assessment imposed against such parcel, computed in the manner set forth in this
Preliminary Rate Resolution.
SECTION 4. IMPOSITION AND COMPUTATION OF STORMWATER
ASSESSMENTS. Stormwater Assessments shall be imposed against all Developed
Property within the City. Stormwater Assessments shall be computed in the manner set
forth in this Preliminary Rate Resolution.
SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND
FAIR APPORTIONMENT. The legislative determinations of special benefit and fair
apportionment embodied in the Stormwater Utility Ordinance, the Initial Stormwater
Assessment Resolution and the Final Stormwater Assessment Resolution, as amended,
are affirmed and incorporated herein by reference.
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SECTION 6. DETERMINATION OF ESUs AND COMPUTATION OF
STORMWATER ASSESSMENTS. The determination of ESUs and computation of
Stormwater Assessments and the applicable explanatory appendices embodied and
incorporated in the Initial Stormwater Assessment Resolution and the Final Stormwater
Assessment Resolution, as amended, are affirmed and incorporated herein by
reference.
SECTION 7. COMPUTATION.
(A) The Stormwater Assessment shall be computed for each parcel of
Developed Property located within the City by multiplying the number of ESUs
attributable thereto by $20.00, provided, however, that the $20.00 rate per ESU shall be
reduced, if necessary, to ensure that the sum of (A) the aggregate Stormwater
Assessment proceeds and (B) the funds transferred to the Stormwater Utility Fund from
other sources pursuant to Section 3.01 of the Stormwater Utility Ordinance, does not
exceed the Stormwater Service Cost.
(B) The direction to compute the Stormwater Assessments provided in this
Preliminary Rate Resolution shall be employed by the City Manager in the preparation
of the updated Stormwater Assessment Roll for the Fiscal Year commencing October 1,
2001 as provided in Section 8 of this Preliminary Rate Resolution.
SECTION 8. ANNUAL STORMWATER ASSESSMENT ROLL.
(A) The City Manager is hereby directed to prepare, or cause to be prepared,
an updated Stormwater Assessment Roll for the Fiscal Year commencing October 1,
2001, in the manner provided in the Stormwater Utility Ordinance, the Initial Stormwater
Assessment Resolution, and the Final Stormwater Assessment Resolution, as
amended. The updated Stormwater Assessment Roll shall include all Developed
Property. The City Manager shall apportion the Stormwater Service Cost to be
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recovered through Stormwater Assessments in the manner set forth in this Preliminary
Rate Resolution. A copy of this Preliminary Rate Resolution, the Stormwater Utility
Ordinance, the Initial Stormwater Assessment Resolution, the Final Stormwater
Assessment Resolution, Resolution No. 103-96, Resolution No. 116-96, and the
updated Stormwater Assessment Roll is maintained on file in the office of the City Clerk
and open to public inspection. The foregoing shall not be construed to require that the
updated Stormwater Assessment Roll proposed for the Fiscal Year beginning
October 1, 2001 be in printed form if the amount of the Stormwater Assessment for
each parcel of Developed Property can be determined by the use of a computer
terminal available to the public.
(B) It is hereby ascertained, determined, and declared that the method of
determining the Stormwater Assessments for stormwater management services as set
forth in the Initial Stormwater Assessment Resolution, the Final Stormwater Assessment
Resolution, as amended, and this Preliminary Rate Resolution is a fair and reasonable
method of apportioning the Stormwater Service Cost among parcels of Developed
Property located within the City.
SECTION 9. AUTHORIZATION OF PUBLIC HEARING. There is hereby
established a public hearing to be held at 7:00 p.m. on September 11, 2001, in the 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 Stormwater Assessments from the public and affected ,property owners and
consider imposing Stormwater Assessments for the Fiscal Year beginning October 1,
2001 and collecting such assessments on the same bill as ad valorem taxes.
SECTION 10. NOTICE BY PUBLICATION. The City Clerk shall publish a
notice of the public hearing authorized by Section 9 of this Preliminary Rate Resolution
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in the manner and time provided in Sections 3.04 and 3.07 of the Stormwater Utility
Ordinance. The notice shall be published no later than August 21, 2001, in substantially
the form attached hereto as Appendix A.
SECTION 11. NOTICE BY MAIL. The City Clerk shall also provide notice
by first class mail to the Owner of each parcel of Developed Property, as required by
Sections 3.05, 3.07, and 3.12 of the Stormwater Utility Ordinance, or by law, and only in
the event circumstances described in Section 197.3632(4)(a), Florida Statutes so
require. Such notice shall be in substantially the form attached hereto as Appendix B.
Such notices shall be mailed no later than August 21, 2001.
SECTION 12. EFFECTIVE DATE. This Preliminary Rate Resolution shall
take effect immediately upon its passage and adoption.
PASSED and ADOPTED on this 14th day of August, 2001.
® PAT FLURY
MAYOR - COMMISSIONER
APPROVED AS TO FORM: ROLL CALL:
COMMISSIONER BERTINO-ABSENT
COMMISSIONER MIKES-YES
COMMISSIONER McELYEA-YES
TH M J. ANSBRO, CITY ATTORNEY VICE-MAYOR CHUNN-YES
MAYOR FLURY-YES
ATTEST:
CHARLENE JrHNSON, ACTING CITY CLERK
5 RESOLUTION NO: 2001-135
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APPENDIX A
FORM OF NOTICE TO BE.PUBLISHED
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
To Be Published by August 21, 2001
INSERT MAP OF CITY SHOWING CITY AND ANNEXED
AREA. MAP NEEDS TO REFLECT 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 WITHIN THE GRIFFIN ROAD ANNEXED
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, 2001.
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.
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RESIDENTIAL Rate Per
PROPERTY USE Dwelling
CATEGORIES Unit
Residential $87
NON-RESIDENTIAL Building
PROPERTY USE Classification (in Industrial/ Nursing
CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes
< 1,999 $315 $78 $150 $315
2,000 -3,499 $630 $157 $ 300 $630
3,500 -4,999 $1,103 $274 $526 $1,103
5,000 - 9,999 $1,575 $391 $751 $1,575
10,000- 19,999 $3,150 $783 $1,502 $3,150
20,000 -29,999 $6,301 $1,565 $3,004 $6,301
30,000 -39,999 $9,451 $2,348 $4,506 $9,451
0,000 -49,999 $12,601 $3,130 $6,008 $12,601
> 50,000 $15,752 $3,913 $7,510 $15,752
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 Special Assessment
Department at (954)924-3662, 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 reimposing stormwater assessments for the
provision of stormwater management services within the City of Dania Beach for the
Fiscal Year beginning October 1, 2001.
The stormwater assessments are based upon the estimated 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 1,836 square feet of impervious surface, which is defined as one "equivalent
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stormwater unit" or "ESU". The annual stormwater assessment rate for the upcoming
fiscal year will be $20.00 for each ESU.
Generally, the number of ESUs will be calculated individually for each parcel of
property by dividing the impervious surface area by 1,836. However, since verifying the
impervious surface for each single-family residence in the City is a practical
impossibility, single-family residences with impervious surface area between 918 square
feet and 3,672,square feet, inclusive; have been assigned one ESU. Smaller single-
family residences have been assigned one-half ESU and larger single-family residences
have been calculated individually.
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, 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 Special Assessment
Department at (954)924-3662 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, 2001, 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 (sometimes referred to as the "Griffin Road
Annexation Area" or the "Ravenswood Road Annexation 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 $[TO COME]. 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.
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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 Special Assessment
Department at (954)924-3662, 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 2001, as authorized by section 197.3632, Florida Statutes. Failure
to pay the assessments will cause a tax certificate to be issued against the property
which may result in a loss of title. 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 11, 2001, in the City
Commission Chambers of City Hall, 100 West Dania Beach Boulevard, Dania Beach,
Florida, for the purpose of receiving public comment on 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
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APPENDIX B
FORM OF NOTICE TO BE MAILED
APPENDIX B
FORM OF NOTICE TO BE MAILED
* * * * * NOTICE TO PROPERTY OWNER
* * * * *
City of Dania Beach
100 West Dania Beach Blvd. CITY OF DANIA BEACH, FLORIDA
Dania Beach,.Florida 33063 NOTICE OF HEARING TO IMPOSE AND PROVIDE
FOR COLLECTION OF NON-AD VALOREM
ASSESSMENTS
NOTICE DATE: AUGUST 21, 2001
Owner
address
city, state zip
she following is a summary of the non-ad valorem special assessments being reimposed on the
bove parcel for the fiscal year beginning October 1, 2001.
The above parcel is subject to the fire rescue assessment:
The above parcel is classified as
The total number of billing units on the above parcel is
The annual fire rescue assessment for the above parcel is $
The above parcel is subject to the stormwater assessment:
The total number of equivalent stormwater units (ESU) on the above parcel is
The annual stormwater assessment for the above parcel is $
The above parcel is subject to the solid waste assessment:
The total number of residential dwelling units on the above parcel is
The annual solid waste assessment for the above parcel is $
" THIS* * * THIS IS NOT A BILL " "
[Please see reverse side for more information.]
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* * * * * NOTICE TO PROPERTY OWNER
As required by section 197.3632, Florida Statutes, and the direction of the City Commission,
notice is given by the City of Dania Beach that annual assessments for 1) fire rescue services,
2) stormwater services, and 3) solid waste services using the tax bill collection method, may be
reimposed and levied on your property for the fiscal year October 1, 2001 - September 30,
2002.
The use of an annual special assessment to fund fire rescue services, solid waste services and
stormwater services-benefiting improved property located within the City of Dania Beach in the
past has proven to be fair, efficient and effective.
Annual special assessments for fire rescue services and stormwater services are being
imposed on improved properties city-wide. An annual special assessment for solid waste
services is only being imposed in the Griffin Road or Ravenswood Annexed Area, as the fees
for such services are no longer collected as a separate bill sent by the City.
The.total annual fire rescue assessment revenue to be collected within the City of Dania Beach
is estimated to be $ . The annual fire rescue assessment is based on the
classification of each parcel of property and number of billing units contained therein.
The total annual stormwater assessment revenue to be collected within the City of Dania Beach
is estimated to be $ . The annual stormwater assessment is based upon the
estimated amount of stormwater runoff generated by impervious surface on the property.
The total annual solid waste assessment revenue to be collected within the City of Dania Beach
is estimated to be $ . The annual solid waste assessment is based on the
number of residential dwelling units contained on each parcel of property.
A public hearing will be held at 7:00 p.m. on September 11, 2001, in City Commission
Chambers of City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida for the purpose
of receiving public comment on the proposed assessments. You and all other 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 you decide to appeal any decision made by the City
Commission with respect to any matter considered at the hearing, you 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.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20
days from the date of City Commission action at the above hearing (including the method of
apportionment, the rate of assessment and the imposition of assessments), such action shall be
the final adjudication of the issues presented.
Copies of the legal documentation for the three non-ad valorem assessment programs are
available for inspection at the City Clerk's office in the Municipal Building, located at 100 West
Dania Beach Boulevard, Dania Beach, Florida.
The special assessment amounts shown on this notice and the ad valorem taxes for the above
parcel will be collected on the ad valorem tax bill mailed in November. Failure to pay the
assessments will cause a tax certificate to be issued against the property which may result in a
loss of title.
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If there is a mistake on this notice, it will be corrected. If you have any questions, please
contact the City's Special Assessment Department at (954) 924-3662, Monday through Friday
between 9.00 a.m. and 4.00 p.m.
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CITY OF DANIA BEACH, FLORIDA
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PRELIMINARY RATE RESOLUTION
STORMWATER SPECIAL ASSESSMENTS
ADOPTED AUGUST 14, 2001
TABLE OF CONTENTS
Page
SECTION 1. AUTHORITY. 1
SECTION 2. PURPOSE AND DEFINITIONS. 1
SECTION 3. PROVISION AND FUNDING OF STORMWATER
SERVICES. 2
SECTION 4. IMPOSITION AND COMPUTATION OF
STORMWATER ASSESSMENTS. 2
SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT
AND FAIR APPORTIONMENT. 2
SECTION 6. DETERMINATION OF ESUs AND COMPUTATION
OF STORMWATER ASSESSMENTS. 3
SECTION 7. COMPUTATION. 3
SECTION 8. ANNUAL STORMWATER ASSESSMENT ROLL. 3
SECTION 9. AUTHORIZATION OF PUBLIC HEARING. 4
SECTION 10. NOTICE BY PUBLICATION. 4
SECTION 11. NOTICE BY MAIL. 5
SECTION 12. EFFECTIVE DATE. 5
APPENDIX A: FORM OF NOTICE TO BE PUBLISHED A-1
APPENDIX B: FORM OF NOTICE TO BE MAILED B-1
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