HomeMy WebLinkAboutR-2001-161 CITY OF DANIA BEACH, FLORIDA
RESOLUTION NO. 2001-161
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, 2001; 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;
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;
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
RESOLUTION NO: 2001-161
1
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"),
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;
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, 2001;
WHEREAS, the City Commission, on August 14, 2001, adopted Resolution
No. 2001-134 (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;
RESOLUTION NO: 2001-161
•
2
WHEREAS, in order to reimpose Solid Waste Service Assessments for the Fiscal
Year beginning October 1, 2001, 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;
WHEREAS, the updated Assessment Roll has heretofore been made available for
inspection by the public, as required by the Ordinance;
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; an affidavit regarding the form of notice mailed being attached
hereto as Appendix A and the proof of publication being attached hereto as Appendix B,
and
WHEREAS, a public hearing was held on September 11, 2001, 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.
RESOLUTION NO: 2001-161
3
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
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
•
RESOLUTION NO: 2001-161
4
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, as amended, is hereby approved.
(C) For the Fiscal Year beginning October 1, 2001, 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$233.39 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.
(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.
RESOLUTION NO: 2001-161
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(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. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied
by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached
hereto as Appendix C.
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.
RESOLUTION NO: 2001-161
6
PASSED AND ADOPTED by the City Commission of the City of Dania Beach,
Florida this 11th day of September, 2001.
PATRICIA FLURY
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
C��� COMMISSIONER MCELYEA - YES
C ARLENE J H SON COMMISSIONER MIKES - YES
ACTING CITY CLERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: '-\ 41
T O A J. ANSBRO
CITY ATTORNEY
RESOLUTION NO: 2001-161
7
CITY OF DANIA BEACH, FLORIDA
SOLID WASTE ASSESSMENT
ANNUAL RATE RESOLUTION
FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2001
ADOPTED SEPTEMBER 11, 2001
•
TABLE OF CONTENTS
Page
SECTION1. AUTHORITY....................................................................................3
SECTION 2. DEFINITIONS AND INTERPRETATION. ......................................3
SECTION 3. REIMPOSITION OF SOLID WASTE SERVICE
ASSESSMENTS. ............................................................................4
SECTION 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION...........6
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION........:..........................6
SECTION 6. EFFECTIVE DATE. .........................................................................6
APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS.......................................................... A-1
APPENDIX B: PROOF OF PUBLICATION......................................................... B-1
APPENDIX C: FORM OF CERTIFICATE TO NON-AD
VALOREM ASSESSMENT ROLL............................................... C-1
'� i
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
AFFIDAVIT OF MAILING
BEFORE ME the undersigned authority, personally appeared Jason Nunemaker,
Camille P. Tharpe, and Kevin Butler, who, after being duly sworn, depose and say:
1. Jason Nunemaker, as Acting City Manager of the City of Dania Beach,
Florida ("City"), pursuant to Resolution No. 2001-053 dated April 10, 2001 approving the
Professional Services Agreement between Government Services Group, Inc. ("GSG")and
the City, and the authority and direction received from the City Commission, timely directed
the preparation of the Assessment Roll and the preparation, mailing, and publication of
notices in accordance with the Solid Waste Assessment Ordinance adopted by the City
Commission on July 9, 1996 (the "Assessment Ordinance") and in conformance with the
Preliminary Rate Resolution adopted by the City Commission on August 14, 2001 (the
"Preliminary Rate Resolution").
2. Camille P. Tharpe, is Vice President of GSG. GSG has caused the notices
required by the Assessment Ordinance to be prepared in conformance with the Preliminary
Rate Resolution. An exemplary form of such notice is attached hereto. GSG has caused
such individual notices for each affected property owner to be prepared and each notice
included the following information: the purpose of the assessment; the total amount
proposed to be levied against each parcel; the unit of measurement to be applied against
each parcel to determine the assessment; the number of such units contained within each
parcel; the total revenue the City expects to collect by the assessment; a statement that
failure to pay the assessment will cause a tax certificate to be issued against the property
which may result in a loss of title; a statement that all affected property owners have a right
• A-1
to appear at the hearing and to file written objections with the local governing board within
20 days of the notice; and the date, time, and place of the hearing.
3. On or before August 21, 2001, GSG delivered and directed the mailing of the
above-referenced notices by Mail Master of Tallahassee, Inc. ("Mail Master"), in
accordance with the Assessment Ordinance and the Preliminary Rate Resolution by First
Class Mail to each affected owner, at the addresses then shown on the real property
assessment tax roll database maintained by the Broward County Property Appraiser for
the purpose of the levy and collection of ad valorem taxes. Notices to property owners
receiving multiple individual notices were mailed, or caused to be mailed by GSG on or
before August 21, 2001.
4. Kevin Butler is President of Mail Master. As directed above, Mail Master,
mailed or caused to be mailed on or before August 21, 2001, the above-referenced notices
delivered to Mail Master by GSG.
FURTHER AFFIANTS SAYETH NOT.
oantNunemaker, affiant
OJOA 0Jd(.
Camille . Tharpe, affiant
)Rk A
Kevin Butler, affiant
A-2
STATE OF FLORIDA
COUNTY OF BROWARD COUNTY
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of-A6gust,_2.0-01_l-y_J.ason-l.ur e_maker, Acting City Manager, City of Dania
Beach, Florida.(-HHe is personally known to me or has produced as identification
and did take an oat .
CHARLENE KAYE JOHNSON Printed Name: Ai' N
ow;,—,--b
Notary Public, State of Florida Notary Public, State of Florida
My comm. W. Aug. 12, 2005 At Large
Comm. No. DD 032469 My Commission Expires: Id-- /
Commission No.:
STATE OF FLORIDA
COUNTY OF LEON
+"The foregoing Affidavit of Mailing was sworn to and subscribed before me this
Lday of August, 2001 by Camille P. Tharpe, Vice President, Government Services
Group, Inc., a Florida corporation. She is personally known to me or has produced
as identification and di�� �} opn oath.
\\moo®eX°°4QauVa Dorp��P��<io��i
a e• 1SSION s <A
-,00;; = Pri ted Name: ►^
Notary Public, State of Florida
y #DD005456 At Large
09°•., ,a ,mN °cg�� My Commission Expires-
........ 6-kX,�. Commission No.: iN-)o osys(o
STATE OF FLORIDA E��fE�oa
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of August, 2001 by Kevin Butler, President, Mail Master of Tallahassee, Inc.,a
Florida corporation. He is personally known to me or has produced as
identification and did take an oath. 4 �
Printed Name: 0 r1
V\a;Dorq���"`�oiy Notary Public, State of Florida
�y` .••��ssioN °• '�•, At Large
4 0,20sA '; My Commission ExBDOC)ISY-S (O
res:
Commission No.:
WDOO&O
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STI,07
A-3
City of Dania Beach CITY OF DANIA BEACH, FLORIDA
100 West Dania Beach Blvd. NOTICE OF HEARING TO IMPOSE AND PROVIDE
Dania Beach, Florida 33063 FOR COLLECTION OF NON-AD VALOREM
ASSESSMENTS
NOTICE DATE: AUGUST 21, 2001
Sequence# S1
JOSEPH N COLAPIETRO Tax Parcel#514203DA0460
389 PORTER RD Legal: CHATEAU DE VILLE CONDO
E LONGMEADOW MA 01028-1435
* * * * * NOTICE TO PROPERTY OWNER
* * * * *
The following is a summary of the non-ad valorem special assessments being reimposed on the
above 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 RESIDENTIAL.
The total number of billing units on the above parcel is 1 dwelling unit .
The annual fire rescue assessment for the above parcel is $87.00.
The above parcel is subject to the stormwater assessment:
the total number of equivalent stormwater units (ESU) on the above parcel is 1.12.
The annual stormwater assessment for the above parcel is $22.40.
The above parcel is subject to the solid waste assessment:
The total number of residential dwelling units on the above parcel is 0.
The annual solid waste assessment for the above parcel is $0.00.
[Please see reverse side for more information.]
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.
0Fhe 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 Areas and the area annexed by the City effective September 15, 2001.
The total annual fire rescue assessment revenue to be collected within the City of Dania Beach is estimated to
be $2,320,478. 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 $356,000. 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 $1,097,600. 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,
Mersons needing a special accommodation or an interpreter to participate in this proceeding should contact the
NVOity 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.
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) 924-3672, Monday through Friday between 9:00 a.m. and 4:00 p.m.
*****THIS IS NOT A BILL*****
APPENDIX B
PROOF OF PUBLICATION
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APPENDIX C
FORM OF CERTIFICATE TO
NON-AD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Mayor of the City Commission, or authorized
agent of the City of Dania Beach, Florida (the "City"); as such I have satisfied myself
that all property included or includable on the non-ad valorem assessment roll for solid
waste collection and disposal services (the "Non-Ad Valorem Assessment Roll") for the
City is properly assessed so far as I have been able to ascertain; and that all required
extensions on the above described roll to show the non-ad valorem assessments
attributable to the property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment
Collection Act, this certificate and the herein described Non-Ad Valorem Assessment
Roll will be delivered to the Broward County Department of Finance and Administrative
Services by September 15, 2001.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the
same to be delivered to the Broward County Department of Finance and Administrative
® Services and made part of the above-described Non-Ad Valorem Assessment Roll this
13th day of September, 2001.
CITY OF DANIA BEACH, FLORIDA
B 1f
y
Pat Flury
Mayor
NABORS, GIBLIN & NICKERSON, P.A.
ATTORNEYS AT LAW
SUITE 200
® 1500 MAHAN DRIVE
TALLAHASSEE, FLORIDA 32308
THE POINTE,SUITE 1060 TELEPHONE(850)224-4070 CNL CENTER, SUITE 510
2502 ROCKY POINT DRIVE TELECOPY(850) 224-4073 450 SOUTH ORANGE AVENUE
TAMPA,FLORIDA 33607 ORLANDO,FLORIDA 32801
(813)281-2222 (407)426-7595
TELECOPY(8131 281-0129 TELECOPY(407)426-8022
September 5, 2001
VIA UNITED PARCEL SERVICE
David Keller
Director of Finance
City of Dania Beach
100 West Dania Beach Blvd.
Dania, Florida 33004
Re: Annual Assessment Programs: Fire Rescue, Stormwater and Solid Waste
Dear Dave:
Enclosed please find an original Affidavit of Mailing for each of the annual
assessment programs for execution by Mr. Nunemaker. Please attach the affidavits to the
appropriate resolutions as Appendix A. In addition, you will need to attach the proof of
publication to each resolution as Appendix B.
If you have any questions, please call me.
Very truly yours,
Vir ' a Saunders Delegal
VSD\sib
Enclosures