HomeMy WebLinkAboutR-2007-134 Solid Waste Preliminary RESOLUTION NO. 2007-134
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 NOT TO EXCEED
ASSESSMENT RATE FOR 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, 2007;
DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL;
.AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION
OF NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida, enacted Ordinance No. 9-96 (the
"Ordinance"), which authorizes the reimposition of annual Solid Waste Service Assessments for
Solid Waste collection and disposal services, facilities or programs against certain Assessed
Property within the City; and
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 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 annexed pursuant to Chapter
2000-474, Laws of Florida(collectively referred to as the "Solid Waste Assessment Area"); and
WHEREAS, the City Commission desires to reimpose an annual Solid Waste collection
and disposal assessment program within the Solid Waste Assessment 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, 2007;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Authority. That 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. That 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, 2007. 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.
Section 3. Provision and Funding of Solid Waste Services. That upon the imposition of
Solid Waste Service Assessments for Solid Waste collection and disposal against Assessed
Property located within the Solid Waste Assessment 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.
It is hereby ascertained, determined, and declared that each parcel of Assessed Property
located within the Solid Waste Assessment 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 Appointment. That
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.
2 RESOLUTION 42007-134
Section 5. Establishment of Annual Solid Waste Service Assessment Rate. That for
the Fiscal Year beginning October 1, 2007, 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 parcel's
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 Dwelling Units or less shall be classified as Assessed Property. A rate of
assessment not to exceed $241.92 for each dwelling unit is hereby established.
The City Manager is hereby directed to prepare, or cause to be prepared, an updated
Assessment Roll for the Fiscal Year beginning October 1, 2007 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 Solid Waste Assessment 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. Copies of this Preliminary Rate Resolution, the
Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution and the updated
Assessment Roll are maintained on file in the office of the City Clerk and are 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.
3 RESOLUTION 42007-134
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.
Section 6. Authorization of Public Hearing. That there is hereby established a public
hearing to be held at 7:00 p.m. on September 12, 2007, in City Commission Chamber 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, 2007 and collecting such assessments on
the same bill as ad valorem taxes.
Section 7. Notice of Publication. That 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 21, 2007, in substantially the form attached hereto as Appendix A.
Section 8. Notice by Mail. That the Director of Finance shall provide information on the
public hearing and the "not to exceed" rate to the Broward County Property Appraiser's Office
to be included in the TRIM (Truth in Millage) Notice which will serve as first class notice as
required by the Ordinance.
Section 9. Severability. If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
resolution.
4 RESOLUTION#2007-134
Section 10. Conflict. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 11. Effective Date. That this resolution shall be in force and take effect
immediately upon its passage and adoption.
PASSED and ADOPTED on July 24, 2007.
B B A TON
MAYOR—COMMISSIONER
ATTEST:
C-�e
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO ORM AND CORRECTNESS:
BY: / , 1
TH M SBRO
CITY ATTORNEY
5 RESOLUTION 42007-134
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
To Be Published by August 21, 2007
INSERT MAP OF CITY SHOWING CITY AND ANNEXED
AREA. MAP NEEDS TO REFLECT THAT FIRE RESCUE
ASSESSMENTS AND STORMWATER ASSESSMENTS ARE
BEING IMPOSED ON PROPERTY CITY-WIDE, WHILE
SOLID WASTE SPECIAL ASSESSMENTS ARE BEING
IMPOSED ONLY ON RESIDENTIAL PROPERTY WITHIN
THE SOLID WASTE ASSESSMENT 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, 2007.
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.
6 RESOLUTION#2007-134
RESIDENTIAL Rate Per Dwelling Unit
PROPERTY
USE
CATEGORIES
Residential $91.57
NON- Vacant Per
RESIDENTIAL Acreage $47
PROPERTY
USE Building
CATEGORIES classification
(in square Industrial/ Hotel/
footage range) Commercial Assembly Warehouse Educational Motels Medical
< 1,999 $240 $445 $40 $143 $240 1,334
2,000-3,499 $479 $890 $81 $285 $481 $2,668
3,500-4,999 $839 $1,558 $141 $500 $841 $4,670
5,000-9,999 $1,199 $2,226 $202 $714 $1,202 $6,671
10,000- 19,999 $2,397 $4,451 $404 $1,427 $2,404 $13,342
20,000-29,999 $4,794 $8,902 $808 $2,855 $4,807 $26,683
30,000-39,999 $7,192 $13,353 $1,213 $4,282 $7,211 $40,025
40,000-49,999 $9,589 $17,804 $1,617 $5,709 $9,615 $53,366
> 50,000 $11,986 $22,255 $2,021 $7,137 $12,018 $66,708
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 Department of Finance at (954)924-
3672, 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 reimposition of stormwater assessments for the provision of
7 RESOLUTION#2007-134
stormwater management services within the City of Dania Beach for the Fiscal Year beginning
October 1, 2007.
The stormwater assessments are based on two components — the impervious area of the
property and the percentage of impervious area as compared to the median single family home.
Both variables are required to determine the appropriate 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 1,720 square feet of impervious surface on a median
lot size of 6,500 square feet, which is defined as one "equivalent residential unit" or "ERU" and
has an impervious factor of 0.26. The annual stormwater assessment rate for the upcoming fiscal
year will be $23.00 for each ERU. Since verifying the impervious surface for each single-family
residence in the City is a practical impossibility, all single-family residences have been assigned
one ERU. Mobile homes on owner occupied lots in trailer parks have been assigned one-half
ERU. All other properties have been calculated individually as follows:
• For condominiums, the total impervious area (TIA) is calculated for the condominium
community, including parking and association property. The total area (TA)
encompassed by the development is determined as follows:
((TIA/1720) x (TIA/(0.26 x TA))/number of units in complex.
• While vacant property has no impervious area, it may still contribute to the City's
stormwater system, so the assessment is based on the total area (TA). As a result, vacant
property assessments are calculated without the operating component as follows: 0.2 x
TA/6500.
• For mobile home parks, the typical mobile home, drive, pad and ancillary activities
constitute 1300 square feet. Therefore the total impervious area (TIA) for mobile home
parks was determined by multiplying the number of potential mobile homes by 1300.
The formula is: (1300 x No of MHs/1720) x (TIA/(0.26 x TA)
• For all other property uses the total impervious area (TIA) is calculated for the property,
including parking. The total area (TA) encompassed by the development is also
calculated. The assessment is determined as follows: (TIA/1720) x (TIA/(0.26 x TA)
A new credit system has been developed for those properties that retain stormwater on
site. The policy grants an eighty (80) percent credit to those properties. Properties that cannot
benefit in anyway from the City's stormwater program are granted 100 percent credits.
8 RESOLUTION #2007-134
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, the proposed amendments to the Stormwater
Ordinance 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 Department of Finance at
(954)924-3672 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, 2007, 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, and Chapter 2000-474, Laws of Florida (referred to as the "Solid Waste Assessment
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 $241.92. 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 Department of Finance at
(954)924-3672, 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 2007, 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 (ownership) of one's real property. These special assessment programs proved to be
9 RESOLUTION 42007-134
successful last year in fairly and efficiently providing a much needed alternative funding and
collection approach for these vital and essential services.
A PUBLIC HEARING WILL BE HELD AT 7:00 P.M. ON SEPTEMBER 12, 2007, IN
THE CITY COMMISSION CHAMBER OF CITY HALL, 100 WEST DANIA BEACH
BOULEVARD, DANIA BEACH, FLORIDA, FOR THE PURPOSE OF RECEIVING PUBLIC
COMMENT ON ALL OF THE PROPOSED ASSESSMENTS. All affected property owners
have a right to appear at the hearing and to file written objections with the City Commission
within 20 days of this notice. If a person decides to appeal any decision made by the City
Commission with respect to any matter considered at the hearing, such person will need a record
of the proceedings and may need to ensure that a verbatim record is made, including the
testimony and evidence upon which the appeal is to be made. In accordance with the Americans
with Disabilities Act, persons needing a special accommodation or an interpreter to participate in
this proceeding should contact the City Clerk's office at (954)924-3622, at least two days prior to
the date of the hearing.
CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA
10 RESOLUTION #2007-134