HomeMy WebLinkAboutR-2001-162 CITY OF DANIA BEACH, FLORIDA
RESOLUTION NO. 2001-162
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, RELATING TO THE PROVISION OF
STORMWATER MANAGEMENT SERVICES IN THE CITY OF
DANIA BEACH, FLORIDA; REIMPOSING STORMWATER
ASSESSMENTS AGAINST DEVELOPED PROPERTY
LOCATED WITHIN 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. 13-96 (the "Stormwater Utility Ordinance"), which authorizes the imposition of
Stormwater Assessments for Stormwater Management Services against Developed
Property located within the City;
WHEREAS, the 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 Developed Property;
WHEREAS, the City Commission desires to reimpose a stormwater assessment
program within 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.
2001-135 (the "Preliminary Rate Resolution"), containing and referencing a brief and
1 RESOLUTION NO: 2001-162
•
general description of the Stormwater Management Services to be provided to Developed
Property, describing the method of apportioning the Stormwater Service Cost for
Stormwater Management Services against Developed 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
Stormwater Utility Ordinance and mailed notice only in the event circumstances described
in section 197.3632(4)(a), Florida Statutes, so require,
WHEREAS, in order to reimpose Stormwater Assessments for the Fiscal Year
beginning October 1, 2001, 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;
WHEREAS, the updated Stormwater Assessment Roll has heretofore been made
available for inspection by the public, as required by the Stormwater Utility Ordinance,-
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; 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
•
2
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 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 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 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 the
Preliminary Rate Resolution.
SECTION 3. REIMPOSITION OF STORMWATER ASSESSMENTS.
(A) The tax parcels of Developed 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 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
3
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
(1)the estimated revenue to be derived from the imposition of Stormwater Assessments at
the rate of$20.00 per ESU, and (2) the amount to be transferred to the Stormwater Utility
Fund in lieu of Stormwater Assessments against Tax-Exempt Institutional Property, do not
exceed the budgeted Stormwater Service Cost. Stormwater Assessments in the amounts
set forth in the Stormwater Assessment Roll (based upon the rate of$20.00 per ESU), are
hereby levied and reimposed on all tax parcels described in the Stormwater Assessment
Roll. 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 Services to be provided and a legislative determination that the
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
Resolution No. 116-96, is hereby approved.
(C) No Stormwater Assessment shall be imposed upon a parcel of Institutional
Property whose use is wholly exempt from ad valorem taxation under Florida law. Any
•
4
shortfall in the expected Stormwater Assessment proceeds due to any reduction or
exemption from payment of the Stormwater Assessments required by law or authorized by
the City Commission shall be supplemented by any legally available funds, or combination
of such funds, and shall not be paid for by proceeds or funds derived from the Stormwater
Assessments.
(D) 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 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. 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
5
with the liens of all state, county, district or municipal taxes and special assessments and
superior in rank and dignity to all other liens, 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.
(E) Stormwater Assessments shall constitute a lien upon the Developed 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 Stormwater Assessment Roll, as herein approved, together with the
correction of any errors or omissions as provided for in the Stormwater Utility Ordinance,
shall be delivered to the Tax Collector for collection using the tax bill collection method in
the manner prescribed by the Stormwater Utility Ordinance. The Stormwater 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 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 Developed Property, the method of apportionment and assessment,
the rate of assessment, the Stormwater Assessment Roll and the levy and lien of the
6
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 this 11th day of September, 2001.
PATRICIA FLURY
MAYOR — COMMISSIONER
ATT ST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHARLENE JO 6SON COMMISSIONER MIKES - YES
ACTING CITY CLERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THO AS J. ANSBRO
CITY ATTORNEY
7
CITY OF DANIA BEACH, FLORIDA
ANNUAL STORMWATER ASSESSMENT 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 STORMWATER ASSESSMENTS..................3
SECTION 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION...........6
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION...................................6
SECTION 6. EFFECTIVE DATE. .........................................................................7
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 Stormwater Utility Ordinance adopted by the City
Commission on August 13, 1996 (the "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 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 lace of the hearing.
Y p g
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 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.
Jas unemal er, affiant
cuo 8
e..
Camill P. Tharpe, affiant
Kevin Bu er, affian
. A-2
• STATE OF FLORIDA
COUNTY OF BROWARD C UN Y
The foregoinffid vit of Mailing was sworn to and subscribed before me this
Q- day of August, 2001 by Jason Nunemaker, Acting City Manager, City of Dania
Beach, Florid:He is personally known to moor has produced as identification
and did take an oa
n
CHARLENE KAYE JOHNSON Printed Name:C, ,t ka r eAl
Notary Public, State of Florida Notary Public, State of Florida
My comm. exp. Aug. 12, 2005 At Large
Comm. No. DD 032469 My Commission Expires:
Commission No.:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day 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 did io e an ooaa
eQaAa Dorl�1//i>.i
. • °����o.?o�s Prin ed Name: a Y'
Notary Public, State of Florida
z:• #DM5456 e Q` At Large
r-09'• My Commission Expires:
Commission No.: DSO S4S6
STATE OF FLORIDA
COUNTY OF LEON
po_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 raoD illy n t�me or has produced as
identification and did take an oath.
r�� Printed Name: Q, 0 �✓
*<<e a Dorn `�> Notary Public, State of Florida
:;o���as o402 ErA°• At Large
ti cg oos�N�; w My Commission Expires:
a ®•® � = Commission No.: J)bG OS LIS Co
#DDQ05456
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:
16he 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.
0he 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,
iftersons needing a special accommodation or an interpreter to participate in this proceeding should contact the
IW,ity 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
stormwater management 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
By:
Pat Flury
Mayor