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HomeMy WebLinkAboutR-2000-110 CITY OF DANIA BEACH, FLORIDA RESOLUTION NO. 2000-110 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach, Florida, has enacted Ordinance No. 9-96 (the "Ordinance"), which authorizes the annual reimposition of annual Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities or programs against certain Assessed Property within the City; WHEREAS, a Solid Waste Service Assessment has been previously imposed upon certain improved properties within the City which were not subject to either (1) direct billing arrangements with an authorized commercial collection service provider for collection and disposal of Solid Waste or (2) effective collection for Solid Waste management and disposal services and programs on the City's water and sewer utility bill; WHEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste collection and disposal services, facilities or programs less than citywide has proven to be an equitable and efficient method of allocating and apportioning Solid . RESOLUTION NO. 2000-110 1 Waste Costs 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 WHEREAS, the Board desires to reimpose an annual Solid Waste collection and disposal assessment program within the Griffin Road Annexation Area, or any other incorporated area served by water and sewer service providers other than the City, using the tax bill collection method for the Fiscal Year beginning on October 1, 2000. 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 provisions of the Solid Waste Service Assessment Ordinance (Ordinance No. 09-96), the Initial Assessment Resolution (Resolution No. 64-96), the Final Assessment Resolution (Resolution No. 71-96), sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the Assessment Roll and directs the reimposition of Solid Waste Service Assessments for the Fiscal Year beginning October 1, 2000. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. ® RESOLUTION NO. 2000-110 2 SECTION 3. PROVISION AND FUNDING OF SOLID WASTE SERVICES. (A) Upon the imposition of Solid Waste Service Assessments for Solid Waste collection and disposal against Assessed Property located within the Griffin Road Annexation Area or any other incorporated area served by water and sewer service providers other than the City, the City shall provide Solid Waste collection and disposal services to such Assessed Property. (B) It is hereby ascertained, determined, and declared that each parcel of Assessed Property located within the Griffin Road Annexation Area or any other incorporated area served by water and sewer service providers other than the City will be benefited by the City's provision of Solid Waste collection and disposal services in an amount not less than the Solid Waste Service Assessment imposed against such parcel, computed in the manner set forth in this Preliminary Rate Resolution. ® SECTION 4. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. The legislative determinations of special benefit and fair apportionment embodied in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution are affirmed and incorporated herein by reference. SECTION 5. ESTABLISHMENT OF ANNUAL SOLID WASTE SERVICE ASSESSMENT RATE. (A) For the Fiscal Year beginning October 1, 2000, for which Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities and programs are to be reimposed, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. Those parcels assigned a DOR Code of 01 and 08 by the Property Appraiser on the Tax Roll that contain four • RESOLUTION NO. 2000-110 3 Dwelling Units or less shall be classified as Assessed Property. A rate of assessment equal to $233.04 for each Dwelling Unit is hereby established. (B) The City Manager is hereby directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year beginning October 1, 2000 in the manner provided in the Ordinance. Such updated Assessment Roll shall contain the following: (1) a summary description of all Assessed Property within the Griffin Road Annexation Area or any other incorporated area served by water and sewer service providers other than the City conforming to the description contained on the Tax Roll, (2) the name and address of the owner of record of each parcel as shown on the Tax Roll, and (3) the amount of the Solid Waste Service Assessment for Solid Waste collection, and disposal services. A copy of this Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution and the updated 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 Assessment Roll be in printed form if the amount of the Solid Waste Service Assessment for each parcel of property can be determined by use of a computer terminal available to the public. The Solid Waste Service Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment rate by the number of Dwelling Units on such parcel. (C) It is hereby ascertained, determined, and declared that the foregoing method of determining the Solid Waste Service Assessments for Solid Waste collection and disposal services is a fair and reasonable method of apportioning the Solid Waste Cost therefore among parcels of Assessed Property. RESOLUTION NO. 2000-110 4 SECTION 6. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 7:30 p.m. on August 22, 2000, in 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 Solid Waste Service Assessments from the public and affected property owners and consider reimposing Solid Waste Service Assessments for the Fiscal Year beginning October 1, 2000 and collecting such assessments on the same bill as ad valorem taxes. SECTION 7. NOTICE BY PUBLICATION. The City Clerk shall publish a notice of the public hearing authorized by Section 6 of this Preliminary Rate Resolution in the manner and time provided in Sections 2.04 and 2.08 of the Ordinance. The notice shall be published no later than August 1, 2000, in substantially the form attached hereto as Appendix A. SECTION 8. NOTICE BY MAIL. The City Clerk shall also provide notice by first class mail to the Owner of each parcel of Assessed Property as required by Sections 2.05, 2.08, and 2.12 and in the event circumstances described in Section 2.08(F) of the Ordinance so require. Such notice shall be in substantially the form attached hereto as Appendix B. Such notices shall be mailed no later than August 1, 2000. SECTION 9. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 25th day of July, 2000. C.K. MCEL MAYOR - C6MMISSIONER RESOLUTION NO. 2000-110 5 ATTEST: ROLL CALL: MAYOR McELYEA - YES z VICE-MAYOR BERTINO- YES SHERYL 6HAPMAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING - YES COMMISSIONER MIKES- YES APPROVED AS TO t AND CORRECTNESS: BY: '� TH ' MA8 J�/ANSBRO CITY ATTORNEY ® RESOLUTION NO. 2000-110 6 APPENDIX A FORM OF NOTICE TO BE PUBLISHED • APPENDIX A FORM OF NOTICE TO BE PUBLISHED To Be Published by August 1, 2000 [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, 2000. 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. • • RESIDENTIAL Rate Per PROPERTY USE Dwelling CATEGORIES Unit Residential $81 NON-RESIDENTIAL Building PROPERTY USE Classification (in Industrial/ Nursing CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $293 $73 $140 $293 000 - 3,499 $587 $146 $ 280 $587 3,500 -4,999 $1,027 $255 $489 $1,027 5,000- 9,999 $1,467 $364 $699 $1,467 10,000 - 19,999 $2,933 $729 $1,398 $2,933 20,000-29,999 $5,866 $1,457 $2,797 $5,866 30,000 -39,999 $8,799 $2,186 $4,195 $8,799 0,000 -49,999 $11,732 $2,914 $5,594 $11,732 > 50,000 $14,665 $3,643 $6,992 $14,665 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, 2000. 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 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, 2000, 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 $233.04. 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 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 2000, 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 7:30 p.m. on August 22, 2000, 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)924-3630, at least two days prior to the date of the hearing. CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA ® APPENDIX B FORM OF NOTICE TO BE MAILED • APPENDIX B FORM OF NOTICE TO BE MAILED * * * * * NOTICE TO PROPERTY OWNER * * * * * of Dania Beach West Dania Beach Blvd. CITY OF DANIA BEACH, FLORIDA is Beach, Florida 33063 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 1, 2000 Owner address city, state zip The following is a summary of the non-ad valorem special assessments being reimposed on the Spove parcel for the fiscal year beginning October 1, 2000. 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 ISNOTABILL * * * * * [Please see reverse side for more information.] B-1 * * * * * 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, 2000 - September 30, 2001. 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 Areas 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 7:30 p.m. on August 22, 2000, 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)924-3630, 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 • B-2 • 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) 924-3662, Monday through Friday between 9:00 a.m. and 4:00 p.m. • • B-3