HomeMy WebLinkAbout2004-09-13 Special Meeting City Commission Meeting Agenda Packet AGENDA
DANIA BEACH CITY COMMISSION
SPECIAL MEETING
MONDAY, SEPTEMBER 13, 2004 - 7:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER
CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO
ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION
CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT LOUISE STILSON, CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA
BEACH,FL 33004,(954)924-3622,AT LEAST 48 HOURS PRIOR TO THE MEETING.
1. CALL TO ORDER
2. ROLL CALL
3. PROPOSED MILLAGE AND BUDGET 2004/2005
3.1 RESOLUTION#2004-143
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY
THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES,
APPROVING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED
FOR THE FISCAL YEAR 2004-05; PROVIDING FOR A PUBLIC HEARING WHEN
OBJECTIONS THERETO WILL BE HEARD AND QUESTIONS CONCERNING
SAME WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER
PROVIDING FOR AN EFFECTIVE DATE.
3.2 RESOLUTION#2004-144
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY
THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES,
APPROVING ITS TENTATIVE ANNUAL BUDGET FOR THE FISCAL YEAR 2004-
05; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO WILL
BE HEARD AND QUESTIONS CONCERNING SAME WILL BE ANSWERED;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
3.3 RESOLUTION#2004-145
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO
THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF DANIA BEACH, FLORIDA; REIMPOSING FIRE RESCUE
ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY
OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004;
AGENDA-SPECIAL MEETING
CITY OF DANIA BEACH 1 MONDAY,SEPTEMBER 13,2004
APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT
ROLL; AND PROVIDING AN EFFECTIVE DATE.
3.4 RESOLUTION#2004-146
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, 2004; APPROVING THE
RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND
PROVIDING AN EFFECTIVE DATE.
4. ADJOURNMENT
AGENDA-SPECIAL MEETING
CITY OF DANIA BEACH 2 MONDAY,SEPTEMBER 13,2004
3
. /
RESOLUTION NO.2004-143
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS
REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA
STATUTES, APPROVING THE PROPOSED MILLAGE RATE NECESSARY
TO BE LEVIED FOR THE FISCAL YEAR 2004-05; PROVIDING FOR A
PUBLIC HEARING WHEN OBJECTIONS THERETO WILL BE HEARD AND
QUESTIONS CONCERNING SAME WILL BE ANSWERED; PROVIDING FOR
CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Dania Beach, Florida requires that the City
Commission shall, by Resolution, adopt an annual budget, determine the amount of millage
necessary to be levied and publish the budget so adopted, together with a notice stating the time
and place where objections thereto will be heard; and
WHEREAS, the City Manager of the City of Dania Beach, Florida, has prepared and
submitted to the City Commission an annual report covering the operation of the City and has set
forth in it an estimate of the expenditures and revenues of the City for the ensuing year,
beginning October 1, 2004, and ending September 30, 2005, with sufficient copies of such report
and estimate being on file in the office of the City Clerk so that any interested party may obtain
copies upon request; and
WHEREAS, the City Manager has presented to the City Commission detailed
information supporting such estimate, affording the City Commission a comprehensive
understanding of the City Government for the ensuing period, including expenditures for
corresponding items during the last two fiscal years and increase and decrease demands for the
ensuing year as compared with corresponding appropriations for the last fiscal year; and
1 RESOLUTION NO.2004-143
WHEREAS, the City Commission has met and carefully considered such annual report
and estimate for the ensuing year and has determined and fixed the amount necessary to carry on
the government of the City for the ensuing year and has prepared a tentative budget setting forth
the amounts necessary to be raised for the various departments of the City and has appropriated
such amounts to the various departments of the City considering the applicable funds on hand
and the estimated departmental revenues; and
WHEREAS, the City Commission has determined that in order to produce a sufficient
sum to fund such tentative budget, it is necessary that a provisional millage of 6.39 be levied
against ad valorem valuation of property subject to taxation in the City of Dania Beach; and
WHEREAS, the "rolled back rate as computed in accordance with the provisions of
Section 200.065(1), Florida Statutes, is 5.8722 mills; and
WHEREAS, the proposed millage is 8.82 % more than the "rolled back rate" of 5.8722
mill.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the proposed general municipal millage necessary to be levied against ad
valorem valuation of property subject to taxation in the City of Dania Beach to produce a
sufficient sum, which, together with departmental revenue, will be adequate to pay the
appropriations made in the tentative budget, are as follows:
FOR OPERATING BUDGET:
(GENERAL MUNICIPAL MILLAGE) 6.39 MILLS
Section 2. That said proposed millage rate is 8.818% more than the "rolled back rate" as
computed in accordance with the provisions of Section 200.065(1), Florida Statutes.
2 RESOLUTION NO.2004-143
Section 3. That the City Commission of the City of Dania Beach will meet in the City
Commission Chamber at City Hall (100 West Dania Beach Boulevard, Dania Beach, Florida) on
Wednesday, September 22, 2004, at 7:00 p.m. for the purpose of adopting the above stated
millage rate and answering questions concerning same. The City Manager shall specify the
purposes for which ad valorem tax revenues are being increased, if any, over the"'rolled back
rate". A notice of this public hearing shall be published in strict compliance with the provisions
of Section 200.065(2) (d) and Section 200.065(3), Florida Statutes.
Section 4. That all resolutions or parts of resolutions in conflict are repealed to the extent
of such conflict.
Section 5. That this Resolution shall take effect and be in force immediately upon its
passage and adoption.
PASSED AND ADOPTED on September 13, 2004.
C.K. MCELYEA
MAYOR- COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON -
COMMISSIONER CHUNN -
LOUISE STILSON COMMISSIONER FLURY -
CITY CLERK VICE-MAYOR MIKES -
MAYOR MCELYEA-
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
3 RESOLUTION NO.2004-143
RESOLUTION NO. 2004-144
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED
BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES,
APPROVING ITS TENTATIVE ANNUAL BUDGET FOR THE FISCAL YEAR
2004-05; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS
THERETO WILL BE HEARD AND QUESTIONS CONCERNING SAME WILL
BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Dania Beach, Florida requires that the City
Commission shall, by Resolution, adopt an annual budget, determine the amount of millage
necessary to be levied and publish the budget so adopted, together with a notice stating the time
and place where objections thereto will be heard; and
WHEREAS, the City Manager of the City of Dania Beach, Florida, has prepared and
submitted to the City Commission an annual report covering the operation of the City and has set
forth therein an estimate of the expenditures and revenues of the City for the ensuing year,
beginning October 1, 2004, and ending September 30, 2005, with a copy of such report and
estimate being on file in the office of the City Clerk so that any interested party may view such
copy upon request; and
WHEREAS, the City Manager has presented to the City Commission detailed
information supporting such estimate, affording the City Commission a comprehensive
understanding of the City Government for the ensuing period, including expenditures for
corresponding items during the last two fiscal years and increase and decrease demands for the
ensuing year as compared with corresponding appropriations for the last fiscal year; and
1 RESOLUTION NO. 2004-144
WHEREAS, the City Commission has met and carefully considered such annual report
and estimate for the ensuing year and has prepared a tentative budget setting forth the amounts
necessary to be raised for the various departments of the City and has appropriated such amounts
to the various departments of the City considering the applicable funds on hand and the estimated
departmental revenues;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That a tentative budget for the City of Dania Beach, Florida, for the fiscal year
beginning October 1, 2004, and ending September 30, 2005, is adopted (subject to the public
hearing for which provision is subsequently made below). A copy of such tentative budget
summary is attached to this resolution and made a part of it as "Exhibit A" and the appropriations
set out in it are made for the maintenance and carrying on of the government of the City of Dania
Beach, Florida, and for the purpose of paying debt service requirements, if any, of the City for the
fiscal year beginning October 1, 2004, and ending September 30, 2005.
Section 2. That all delinquent taxes, collected as proceeds from levies of operating
millages for former years are specifically appropriated for the use and benefit of the "General
Fund".
Section 3. Automatic Amendment: The Fiscal Year 2004-05 budget is automatically
amended to reappropriate encumbrances, outstanding contracts, capital projects reserved or
unexpended from Fiscal Year 2004, such appropriation having been previously approved by the
City Commission.
Section 4.. That the City Commission of the City of Dania Beach will meet in the City
Commission Chamber at City Hall (100 West Dania Beach Boulevard, Dania Beach, Florida) on
Wednesday, September 22, 2004, at 7:00 p.m. for the purpose of finalizing the budget and
2 RESOLUTION NO. 2004-144
answering questions concerning same. The City Manager shall specify the purposes for which
ad valorem tax revenues are being increased, if any, over the "rolled back rate". A notice of this
public hearing shall be published in strict compliance with the provisions of Section 200.065(2)
(d) and Section 200.065(3), Florida Statutes.
Section 5. That all resolutions or parts of resolutions in conflict are repealed to the extent
of such conflict.
Section 6. That this Resolution shall take effect and be in force immediately upon its
passage and adoption
PASSED AND ADOPTED on September 13, 2004.
C.K. McELYEA
MAYOR- COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON -
COMMISSIONER CHUNK -
LOUISE STILSON COMMISSIONER FLURY -
CITY CLERK VICE-MAYOR MIKES -
MAYOR MCELYEA-
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
3 RESOLUTION NO. 2004-144
EXHIBIT "A"
FY 2005 General Fund Projected Revenue
Revenue Sources FY 2005
Proposed
Total Ad Valorem Tax $12,721,654
Total Local Option Gas Tax $585,400
Total Franchise Fees/Utility Taxes $5,438,900
Total Licenses/Permit Fees $1,518,610
Total Intergovernmental Rev. $2,129,444
Total Charges for Services $2,946,885
Total Fines and Forfeitures $535,000
Total Interests $153,200
Total Rentals $439,954
Total Assessments/Impact Fees $2,234,954
Total Miscellaneous Revenues $389,056
Total Interfund Transfers $421,983
Total Other Revenue Sources $2,063,064
4 RESOLUTION NO. 2004-144
FV 2005 General Fund Proposed Expenditures
Department/Divisions FY 2005 Proposed
City Commission $304,110
City Manager $402,346
City Clerk $427,397
Finance $586,813
Information Service $402,786
Human Resources $415,759
General Administration $5,018,480
Police $7,369,190
Office of the City Attorney $717,600
Building $794,084
Planning and Code Enforcement $1,185,911
Fire Rescue $7,910,345
Public Service Admnistration $227,691
Garbage $1,636,132
Construction & Maintenance $252,345
Streets $1,462,319
Garage $103,485
Cemetery $79,908
Parks Maintenance $340,399
Recreation Administration $752,363
C.W. Thomas Park $85,007
Civic Center $66,432
I.T. Parker Community Center $126,107
P.J. Meli Aquatic Center $181,450
Beach $590,424
Frost Park $100,321
P.J. Meli Community Center $38,900
NO
TotaI $31,578,104
5 RESOLUTION NO. 2004-144
Capital Projects Fund
Funded Capital Projects in the Five Year CIP Plan
Department Projects Description Amount
Northwest Community Outreach Center $73,000
City Manager
ADA Transition Plan $38,250
Beach Beach Improvements $235,155
Recreation Site#449 Resource Mgmt& Conceptual $60,000
Plan
Annexation Lighting Program $250,000
Public Works Seawall Repairs $75,000
Neighborhood Sidewalks $65,000
Total $796,405
Other Expenditures in the Capital Projects Fund
Line Item Description Amount
.71-10 Principal Payment $486,250
.72-10 Interest Payment $154,356
Total Debt Service $640,606
Funding Sources
Description Amount
Transfers from General Fund $640,606
Appropriated from General Fund Fund $356,405
Balance
Appropriated from Recreation Impact Fees $50,000
Appropriated from 3 cents gas tax $390,000
Total Funding Sources $1,437,011
6 RESOLUTION NO. 2004-144
FY 2005 Stormwater Fund Projected Revenues
Account Description FY 2005
Proposed
Stormwater Utility Fees $743,824
Interests Earnings $500
. ee
Total Revenues $744,324
FY 2005 Stormwater Fund Projected Expenditures
Total Personal Services $379,500
Total Operating Expenses $160,408
Total Capital Outlay $177,000
Total Debt Service $26,437
Total Other Uses $979
Totals $744,324
7 RESOLUTION NO. 2004-144
FY 2005 Water Fund Projected Revenues
Account Description FY 2005 Proposed
Water Utility Revenue $2,460,356
Meter Installations $28,000
Utility Permit Fee $50,000
Inspection Fees $13,000
e
Water FD Interest $11,000
Impact Fees $250,000
Miscellaneous $42,000
eel
Transfer from General Fund $348,820
e • ® • • 1
Total $3,203,176
FY 2005 Water Fund Projected Expenditures
FY 2005 Proposed
Total Personal Services $1,226,067
Total operating expenses $1,175,985
Total Capital Outlay $73,900
Total Debt Service $13,955
Total Interfund Transfer $235,038
Total Other Uses $478,231
Total $3,203,176
8 RESOLUTION NO. 2004-144
FY 2005 Sewer Fund Projected Revenues
Account Description FY 2005 Proposed
Sewer Utility Revenue $2,872,574
Sewer Penalties $6,0000
Sewer Inspection Fees $13,000
e
Sewer Interest $8,000
eeee
Transfer from General Fund $348,820
Loan Proceeds $200,000
o e el e e 1
Totals $3,448,394
FY 2005 Sewer Fund Projected Expenditures
Total Personal Services $549,039
Total Operating Expenses $1,909,573
Total capital Outlay $298,400
Total Interfund Transfer $207,264
Total Other Uses $484,118
Totals $3,448,394
9 RESOLUTION NO. 2004-144
Debt Service Fund
Revenue Sources
Interfund Transfer from General Fund $212,015
Total Revenue Sources $212,015
Expenditures
Debt Service - Principal Payment $75,000
Debt Service - Interest $137,015
Total Expenditures $212,015
Grant Fund
Revenue Sources
Florida Inland Navigation District $75,000
Land and Water Preservation Fund $112,000
Total Revenue Sources $187,000
Expenditures
Seawall Repairs $75,000
Beach Improvements $112,000
Total Expenditures $187,000
10 RESOLUTION NO. 2004-144
Tree Preservation Fund
Revenue Sources
Miscellaneous Revenues $16,500
Other Sources $10,153
Total Revenue Sources $26,653
Expenditures
Personal Services $2,153
Operating Expenses $24,500
Total Expenditures $26,653
ll RESOLUTION NO. 2004-144
s
RESOLUTION NO. 2004-145
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
RELATING TO THE PROVISION OF FIRE RESCUE SERVICES,
FACILITIES AND PROGRAMS IN THE CITY OF DANIA BEACH,
FLORIDA; REIMPOSING FIRE RESCUE ASSESSMENTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY OF DANIA
BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004;
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. 10-96 (the "Ordinance"), which authorizes the imposition of Fire Rescue
Assessments for fire rescue services, facilities, and programs against Assessed
Property located within the City; and
WHEREAS, the reimposition of a Fire Rescue Assessment for fire rescue
services, facilities, and programs each fiscal year is an equitable and efficient method of
allocating and apportioning the Fire Rescue Assessed Cost among parcels of Assessed
Property; and
WHEREAS, the City Commission desires to reimpose a Fire Rescue
Assessment Program within the City using the procedures provided by the Ordinance,
including the tax bill collection method for the Fiscal Year beginning on October 1, 2004;
and
WHEREAS, the City Commission, on July 23, 2004, adopted Resolution No.
2004-115 (the "Preliminary Rate Resolution"), containing and referencing a brief and
general description of the fire rescue services, facilities and programs to be provided to
Assessed Property, describing the method of apportioning the Fire Rescue Assessed
Cost to compute the Fire Rescue Assessment for fire rescue services, facilities, and
1 RESOLUTION NO. 2004-145
programs against Assessed Property, estimating a rate of assessment, and directing
the updating and preparation of the Assessment Roll, 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 Fire Rescue Assessments for the Fiscal Year
beginning October 1, 2004, 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
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 through
the TRIM notice, 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 13, 2004, 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 provisions of
the Fire Rescue Assessment Ordinance (Ordinance No. 10-96), the Initial Assessment
Resolution (Resolution No. 63-96) as revised and amended by Resolution No. 110-97,
2 RESOLUTION NO. 2004-145
the Final Assessment Resolution (Resolution No. 72-96), and the Preliminary Rate
Resolution (Resolution No. 2004-115); Article Vill, 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 Ordinance No. 10-96. All capitalized terms in this
resolution shall have the meanings defined in the Ordinance, the Initial Assessment
Resolution (Resolution No. 63-96), the Final Assessment Resolution (Resolution No.
72-96) and the Preliminary Rate Resolution.
Section 3. Reimposition of Fire Rescue Assessments.
(A) The parcels of Assessed Property described in the Assessment Roll, as
updated, which is hereby approved, are hereby found to be specially benefited by the
provision of the fire rescue services, facilities, and programs described or referenced in
the Preliminary Rate Resolution, in the amount of the Fire Rescue 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 fire rescue services,
facilities, and programs in an amount not less than the Fire Rescue 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 (as revised and amended by Resolution No. 110-97), the Final
3 RESOLUTION NO. 2004-145
Assessment Resolution, as amended, and the Preliminary Rate Resolution from the fire
rescue services, facilities, or programs to be provided and a legislative determination
that the Fire Rescue 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 Fire Rescue Assessments described or
referenced in the Preliminary Rate Resolution is hereby approved. The Parcel
Apportionment Methodology described in Appendix A of the Preliminary Rate
Resolution and adopted in Section 7 of the Preliminary Rate Resolution is hereby
approved.
(C) For the Fiscal Year beginning October 1, 2004, the estimated Fire Rescue
Assessed Cost to be assessed is $2,418,772. The Fire Rescue Assessments to be
assessed and apportioned among benefited parcels pursuant to the Cost
Apportionment and Parcel Apportionment to generate the estimated Fire Rescue
Assessed Cost for the Fiscal Year commencing October 1, 2004, are hereby
established as follows:
4 RESOLUTION NO. 2004-145
RESIDENTIAL Rate Per Dwelling Unit
PROPERTY
USE
CATEGORIES
Residential $94.50
NON- Vacant Per
RESIDENTIAL Acreage $64
PROPERTY
USE Building
CATEGORIES classification
(in square Industrial/ Hotel/
footage range) Commercial Assembly Warehouse Educational Motels Medical
< 1,999 $238 $623 $47 $70 $291 $666
2,000 -3,499 $476 $1.245 $93 $140 $581 $1,332
3,500 -4,999 $833 $2,179 $163 $245 $1,017 $2,331
5,000 - 9,999 $1,190 $3,113 $234 $350 $1,453 $3,331
10,000 - 19,999 $2,379 $6,226 $467 $700 $2,905 $6,661
20,000 -29,999 $4,758 $12,452 $934 $1,400 $5,810 $13,323
30,000 -39,999 $7,137 $18,678 $1,401 $2,101 $8,715 $19,984
40,000 -49,999 $9,516 $24,904 $1,868 $2,801 $11,620 $26,645
> 50,000 $11,895 $31,130 $2,335 $3,501 $14,525 $33,307
(D) The above rates of assessment are hereby approved. Fire Rescue
Assessments for fire rescue services, facilities, and programs in the amounts set forth in
the updated Assessment Roll, as herein approved, are hereby levied and reimposed on
all parcels of Assessed Property described in such Assessment Roll for the Fiscal Year
beginning October 1, 2004.
(E) No Fire Rescue Assessment shall be imposed upon a parcel whose use is
wholly exempt from ad valorem taxation under Florida law.
5 RESOLUTION NO. 2004-145
(F) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue
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.
(G) Fire Rescue 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.
(H) 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 Fire Rescue
Assessments), unless proper steps shall be initiated in a court of competent jurisdiction
6 RESOLUTION NO. 2004-145
to secure relief within 20 days from the date of this Annual Rate Resolution.
Section 6. Severability. If any clause, section or other part of this resolution
shall be held by any court of competent jurisdiction to be unconstitutional or invalid,
such unconstitutional or invalid part shall be considered as eliminated and in no way
affecting the validity of the other provisions of this resolution.
Section 7. Effective Date. This Annual Rate Resolution shall take effect
immediately upon its passage and adoption.
PASSED and ADOPTED on this 13th day of September, 2004.
C.K. MCELYEA
MAYOR - COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON -
COMMISSIONER CHUNN -
LOUISE STILSON COMMISSIONER FLURY -
CITY CLERK VICE-MAYOR MIKES -
MAYOR MCELYEA—
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
7 RESOLUTION NO. 2004-145
APPENDIX A
PARCEL APPORTIONMENT METHODOLOGY
APPENDIX A
PARCEL APPORTIONMENT METHODOLOGY
The Cost Apportionment to each Property Use Category and to Mixed Use
Property shall be apportioned among the Tax Parcels within each Property Use
Category and to Mixed Use Property Tax Parcels as follows:
Section B-1. Residential Property. The Fire Rescue Assessment for each Tax
Parcel of Residential Property shall be computed by multiplying the Demand
Percentage attributable to Residential Property by the Fire Rescue Assessed Cost,
dividing such product by the total number of Dwelling Units shown on the Tax Roll within
the City, and then multiplying such quotient by the number of Dwelling Units located on
such Tax Parcel.
Section B-2. Non-Residential Property. The Fire Rescue Assessments for
each Building of Non-Residential Property (except Medical Facility Property and
Recreational Vehicle Park property) shall be computed as follows:
(A) Respectively, multiply the Fire Rescue Assessed Costs by the Demand
Percentage attributable to each of the non-residential Property Use Categories. With
the exception of Medical Facility and Recreational Vehicle Park property, the resulting
dollar amounts reflect the portions of the City's fire rescue budget to be respectively
funded from Fire Rescue Assessment revenue derived from each of the non-residential
Property Use Categories.
(B) Separate each Building in each of the non-residential Property Use
Categories into one of the following square footage categories:
(1) Buildings with a Building Area of less than 1,999 square feet;
(2) Buildings with a Building Area between 2,000 square feet and
3,499 square feet;
(3) Buildings with a Building Area between 3,500 square feet and
4,999 square feet;
B-1
(4) Buildings with a Building Area between 5,000 square feet and
9,999 square feet;
(5) Buildings with a Building Area between 10,000 square feet and
19,999 square feet;
(6) Buildings with a Building Area between 20,000 square feet and
29,999 square feet;
(7) Buildings with a Building Area between 30,000 square feet and
39,999 square feet;
(8) Buildings with a Building Area between 40,000 square feet and
49,999 square feet; and
(9) Buildings with a Building Area of 50,000 square feet or greater.
(C) As to each non-residential Property Use Category (except Medical Facility
Property and Recreational Vehicle Park property) multiply the number of Buildings
categorized in:
(1) Subsection (B)(1) of this Section by 1,000 square feet;
(2) Subsection (B)(2) of this Section by 2,000 square feet;
(3) Subsection (B)(3) of this Section by 3,500 square feet;
(4) Subsection (B)(4) of this Section by 5,000 square feet;
(5) Subsection (B)(5) of this Section by 10,000 square feet;
(6) Subsection (B)(6) of this Section by 20,000 square feet;
(7) Subsection (B)(7) of this Section by 30,000 square feet;
(8) Subsection (B)(8) of this Section by 40,000 square feet; and
(9) Subsection (B)(9) of this Section by 50,000 square feet.
(D) For each non-residential Property Use Category, add the products of
subsections (C)(1) through (C)(9) of this Section. With the exception of Medical Facility
Property and Recreational Vehicle Park property, the sum of these products reflects an
B-2
aggregate square footage area for each non-residential Property Use Category to be
used by the City in the computation of Fire Rescue Assessments.
(E) With the exception of Medical Facility Property and Recreational Vehicle
Park property, divide the product of subsection (A) of this Section relative to each of the
non-residential Property Use Categories by the sum of the products for each non-
residential Property Use Category described in subsection (D) of this Section. The
resulting quotient expresses a dollar amount adjusted or weighted per square foot of
improved area to be used in computing Fire Rescue Assessments on each of the
respective non-residential Property Use Categories (except Medical Facility Property
and Recreational Vehicle Park property).
(F) For each of the non-residential Property Use Categories (except Medical
Facility Property and Recreational Vehicle Park property), multiply the resulting
quotients from subsection (A) of this Section by each of the respective products in
subsections (C)(1) through (C)(9) of this Section. The resulting products for each non-
residential Property Use Category (except Medical Facility Property and Recreational
Vehicle Park property), expresses a series of gross dollar amounts expected to be
funded by all Buildings in the respective non-residential Property Use Categories in
each of the square footage categories described in subsection (B) of this Section.
(G) For each of the non-residential Property Use Categories (except Medical
Facility Property and Recreational Vehicle Park property), divide each of the respective
products of subsection (F) of this Section by the number of Buildings determined to be
in each of the square footage categories identified in subsection (B) of this Section.
Except for Medical Facility Property and Recreational Vehicle Park property, the result
expresses the respective dollar amounts of the Fire Rescue Assessments to be
imposed upon each Building in each of the non-residential Property Use Categories.
Section B-3. (Medical Facility Property. The Fire Rescue Assessments for
each Tax Parcel of Medical Facility Property shall be computed as follows:
B-3
(A) For Medical Facility Property, assign the respective dollar amounts of the
Fire Rescue Assessments. Said amount shall be the amount of the Fire Rescue
Assessments imposed upon each Tax Parcel of Medical Facility Property.
(B) Multiply the amount directed to be imposed as fire Rescue Assessments
on Medical Facility Property in subsection (A) of this Section by the number of Tax
Parcels determined to be in each of the square footage category ranges related to
Medical Facility Property in subsection (C)(1) through (C)(9) of Section D-2. The sum of
the resulting products represents the aggregate revenue to be derived from Fire Rescue
Assessments imposed upon Medical Facility Property.
(C) The remaining portion of the City's fire rescue budget otherwise
attributable to Medical Facility Property, and not funded through Fire Rescue
Assessments imposed on Medical Facility Property, shall be funded from available City
revenue other than Fire Rescue Assessment proceeds.
Section B-4. Recreational Vehicle Parks. Notwithstanding the procedure in
Section B-2 for Non-Residential Property, the Fire Rescue Assessments for each Tax
Parcel of Recreational Vehicle Park property shall be computed as follows:
(A) Aggregate the amount of square footage for each Tax Parcel of
Recreational Vehicle Park, with recreational vehicle park spaces at 1,200 square feet
each and tent spaces at 500 square feet each.
(B) Assign the respective dollar amount of the Fire Rescue Assessments
determined in Section B-3 of this Appendix for Commercial Property to the comparable
aggregated square footage category ranges of Recreational Vehicle Park property as
calculated in paragraph (A) above. Any aggregated square footage Tax Parcel of
Recreational Vehicle Park property that exceeds 50,000 square feet shall be assigned
the commercial dollar amount for 50,000 square feet.
B-4
Section B-5. Mixed Use Property. The Fire Rescue Assessments for each Tax
Parcel classified in two or more Property Use Categories shall be the sum of the Fire
Rescue Assessments computed for each Property Use Category.
Section B-6 Vacant Property. The Fire Rescue Assessment for each Tax
Parcel of Vacant Property shall be computed by multiplying the Demand Percentage
attributable to Vacant Property by the Fire Rescue Assessed Cost, dividing such
product by the number of acreage shown as vacant property on the Tax Roll within the
City.
B-5
i
RESOLUTION NO. 2004-146
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 AGAINSTASSESSED 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, 2004; 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
RESOLUTION NO. 2004-146
C-1
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, 2004; and
WHEREAS, the City Commission, on July 26, 2004, adopted Resolution
No. 2004-116 (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, 2004, 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
RESOLUTION NO. 2004-146
C-2
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 13, 2004, 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 Vill, 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
RESOLUTION NO. 2004-146
C-3
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, 2004, 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.
RESOLUTION NO. 2004-146
C-4
(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.
RESOLUTION NO.2004-146
C-5
PASSED AND ADOPTED on September 13, 2004.
C.K. MCELYEA
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON -
COMMISSIONER CHUNN -
LOUISE STILSON COMMISSIONER FLURY -
CITY CLERK VICE-MAYOR MIKES -
MAYOR MCELYEA—
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
RESOLUTION NO. 2004-146
C-6