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HomeMy WebLinkAbout2007-09-12 Public Hearing-Proposed FY 07-08 Budget City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION PUBLIC HEARING -PROPOSED FY 07-08 BUDGET WEDNESDAY, SEPTEMBER 12, 2007 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 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 # 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 THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH,FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. ROLL CALL 3. PRESENTATION OF PROPOSED MILLAGE AND BUDGET 2007/2008 4. RESOLUTION#2007-159 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 2007-08 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS MAY BE HEARD AND QUESTIONS CONCERNING SAME WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 5. RESOLUTION 92007-160 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 2007-08; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS WILL BE HEARD AND QUESTIONS Dania Beach City Commission Agenda— 15` Budget Public Hearing Thursday, September 14, 2006 —7:00 p.m. Page 2 of 2 CONCERNING THE BUDGET WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6. RESOLUTION #2007-161 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, 2007; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7. RESOLUTION #2007-162 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, 2007; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. RESOLUTION 92007-163 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES IN THE CITY OF DANIA BEACH, FLORIDA; IMPOSING AND REIMPOSING STORMWATER ASSESSMENTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. ADJOURNMENT RESOLUTION NO.2007-159 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 2007-08 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS MAY 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 may be 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, 2007, and ending September 30, 2008, 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, pursuant to the referendum approved by the voters of the City in the March 2005 Election, the issuance of General Obligation bonds in an amount not to exceed $10,300,000.00 was authorized; and WHEREAS, the City has issued a General Obligation Bond in the amount of $6,800,000.00 with the exception of the Library project in the amount of$3,500,000.00, and the City will be levying a debt millage equal to .1316 mills towards the payment of principal and interest; 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 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 5.4044 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 5.4044 mills; and WHEREAS,the proposed millage is 0.00 % increase over the rolled-back rate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposed operating 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, is as follows: 2 RESOLUTION#2007-159 FOR OPERATING BUDGET: (GENERAL MUNICIPAL MILLAGE) 5.4044 MILLS Section 2. That the proposed millage rate is 0% over the rolled back rate as computed in accordance with the provisions of Section 200.065(1), Florida Statutes. Section 3. That the voted debt service millage rate is 0.1316 Mills in accordance with the provisions of law pursuant to Chapter 200, Florida Statues. Section 4. That the City's aggregate millage rate is 5.5360 Mills (5.4044 Mills for operating and 0.1316 Mills for debt service). Section 5. That the City Commission of the City of Dania Beach will meet in the City Commission Room in the City Hall (100 West Dania Beach Boulevard, Dania Beach, Florida) on Wednesday, September 19, 2007, 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 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall take effect and be in force immediately upon its passage and adoption. PASSED AND ADOPTED on September 12, 2007. 3 RESOLUTION#2007-159 BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 4 RESOLUTION#2007-159 5 RESOLUTION NO. 2007-160 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 2007-08; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS WILL BE HEARD AND QUESTIONS CONCERNING THE BUDGET 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 it may 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, 2007, and ending September 30, 2008, 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 increased and decreased demands for the ndin appropriations for the last fiscal year; and ensuing year as compared with correspondingy , 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, 2007, and ending September 30, 2008, 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, 2007, and ending September 30, 2008. 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 2007-08 budget is automatically amended to reappropriate encumbrances, outstanding contracts, capital projects reserved or unexpended from Fiscal Year 2007, 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 in the City Hall (100 West Dania Beach Boulevard, Dania Beach, Florida) on Wednesday, September 19, 2007, at 7:00 p.m. for the purpose of finalizing the budget and answering questions concerning same. The City Manager shall specify the purposes for which ad 2 RESOLUTION#2007-160 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 with this Resolution 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 12, 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2007-160 EXHIBIT "A" GENERAL FUND Account Description FY 2008 Proposed Mayor and Commission 251,677 City Manager Office 645,930 Information Services 365,636 Human Resources 455,476 City Attorney 771,319 Code Compliance 688,616 Community Development 830,312 Building 1,246,854 City Clerk 288,796 Finance 761,770 General Admin 7,892,667 Cemetery 113,007 Police 8,851,621 Fire Rescue 8,830,687 Solid Waste Division 1,699,744 Public Services Administration 208,183 Construction & Mtn. Div 283,632 Fleet Management 112,258 Parks Maintenance 312,749 Streets 1,499,339 Recreation Administration 643,117 Beach 651,465 C.W. Thomas Park 167,663 I.T. Parker Center 88,597 Frost Park 177,567 PJ Meli Aquatic Center 281,879 PJ Meli Park 90,798 Summer Program 132,532 Total 38,343,882 4 RESOLUTION #2007-160 CAPITAL PROJECTS FUND Department Description Amount Funding Source Community Dev. Scanning & Plotting Equipment 28,000 General Fund Parks & Recreation Planking for Pier 20,000 General Fund Bleachers/Lighting System - Frost Park 36,000 Rec. Impact Fees Playground Equipment-Chester Byrd Park 53,000 General Fund Southwest Community Center 451,000 G.O./Rec. Impact Fees Concrete Light Poles 80,146 G.O./General Fund C.W. Thomas Grounds Improvements 215,900 G,O/Grant v ,. Public Services Public Services Complex 750,000 General Fund Neighorhood Improvements - CPTED 1,100,000 General Fund Stud Citywide Lighting Program 418,000 G.0/3 cents/GF Mausoleum 745,000 General Fund Garage Fleet Skid Steer Loader with Attachments 50,000 3 cents gas tax Dump Trucks 95,000 General Fund Loader 140,000 General Fund ��i"r� ,m_ — ` `s s ` ,r _ v i'- v �_ Debt Service Principal & Interest 854,627 General Fund , A Total $5,036,673 Revenue Sources Description '!k iz,3r a 7 ii nE: Transfer from General Fund: f s $4,242,267 - Funded from GF 3,875,927 Funded from 3 cents gas tax 179,700 *. u t Funded from Recreation Impact Fees 187,000 g �. General Obligation Bond 686,096 �f Grant 107,950 TOTAL 5,036,673 x ` 5 RESOLUTION#2007-160 WATER FUND Account Description FY 2008 Proposed Water Administration 1,399,928 Water Accounting 159,679 Water Distribution 4,627,999 Water Plant 9,987,509 Total-Total 16,175,115 SEWER FUND Account Description FY 2008 Proposed Sewer Administration 1,206,153 Sewer Accounting 88,614 Sewer Collection 5,267,866 STORMWATER FUND Accoun7Des:cription FY 2008 Proposed Stormwater Operations 960,200 OTHER FUNDS Debt Service Fund: $631,433 (include G.O. Bond Debt Service) Tree Preservation Fund: $145,000 Marina Fund: $506,072 6 RESOLUTION#2007-160 RESOLUTION NO. 2007-161 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, 2007; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR 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, 2007; and WHEREAS, the City Commission, on July 24, 2007 adopted Resolution No. 2007-133 (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 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, 2007, 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 is to be held on September 12, 2007, 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. That 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, the Final Assessment Resolution (Resolution No. 72-96), and the Preliminary Rate Resolution (Resolution No. 2007- 133); 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. That this Resolution constitutes the 2 RESOLUTION 42007-161 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 (Resolution No. 2007-133). Section 3. Reimposition of Fire Rescue Assessments. (A) The parcels of Assessed Property described in the Assessment Roll, as updated, which is approved, are 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 it is incorporated by this reference. It is 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 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 3 RESOLUTION#2007-I61 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 approved. (C) For the Fiscal Year beginning October 1, 2007, the estimated Fire Rescue Assessed Cost to be assessed is $2,493,113.00. 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, 2007, are established as follows: RESIDENTIAL Rate Per Dwelling Unit PROPERTY USE CATEGORIES Residential $93.57 NON- Vacant Per $48 RESIDENTIAL Acreage PROPERTY Building USE classification CATEGORIES (in square Industrial/ Hotel/ footage Commercial Assembly Warehouse Educational Motels Medical range) < 1,999 $245 $455 $41 $146 $246 $1,363 2,000 - 3,499 $490 $910 $83 $292 $491 $2,727 3,500 - 4,999 $857 $1,592 $145 $510 $860 $4,772 5,000 - 9,999 $1,225 $2,274 $207 $729 $1,228 $6,816 10,000 - $2,450 $4,548 $413 $1,459 $2,456 $13,633 19,999 20,000 - $4,899 $9,097 $826 $2,917 $4,912 $27,266 29,999 30,000 - $7,349 $13,645 $1,239 $4,376 $7,369 $40,899 39,999 40,000 - $9,798 $18,193 $1,652 $5,834 $9,825 $54,532 49,999 > 50,000 $12,248 $22,741 $2,065 $7,293 02,281 $68,165 (D) The above rates of assessment are approved. Fire Rescue Assessments for fire 4 RESOLUTION 42007-1 6 1 rescue services, facilities, and programs in the amounts set forth in the updated Assessment Roll, as approved, are levied and reimposed on all parcels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2007. (E) No Fire Rescue Assessment shall be imposed upon a parcel the use of which is wholly exempt from ad valorem taxation under Florida law. (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 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. That the Preliminary Rate Resolution is confirmed. Section 5. Effect of Adoption of Resolution. That 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 to secure relief within 20 days from the date of this Annual Rate 5 RESOLUTION #2007-161 Resolution. Section 6. Severability. That 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. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section S. That this Annual Rate Resolution shall take effect on October 1, 2007. PASSED and ADOPTED on this September 12, 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 6 RESOLUTION 42007-161 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 A-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 A-2. Non-Residential Property. The Fire Rescue Assessments for each Building of Non-Residential Property (except 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 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; (4) Buildings with a Building Area between 5,000 square feet and 9,999 square feet; 7 RESOLUTION 92007-161 (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 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 Recreational Vehicle Park property, the sum of these products reflects an 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 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 8 RESOLUTION#2007-161 (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 Recreational Vehicle Park property). (F) For each of the non-residential Property Use Categories (except 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 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 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 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 A-3. Recreational Vehicle Parks. Notwithstanding the procedure in Section A-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 A-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 9 RESOLUTION#2007-161 exceeds 50,000 square feet shall be assigned the commercial dollar amount for 50,000 square feet. Section A-4. 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 A-5 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. 10 RESOLUTION #2007-161 RESOLUTION NO. 2007-162 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, 2007; APPROVING THE RATE OF ASSESSMENT;APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR 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 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, 2007; and WHEREAS,the City Commission,on July 24,2007,adopted Resolution No. 2007-134(the 'Preliminary Rate Resolution"), containing and referencing a brief and general description of the Solid Waste collection and disposal services, facilities or programs to be provided to Assessed Property,describing the method of apportioning the Solid Waste Cost for Solid Waste collection and disposal services, facilities,or programs against Assessed Property,estimating a rate of assessment, and directing the updating and preparation of the Assessment Roll for the upcoming Fiscal Year and, provision of published notice required by the Ordinance and mailed notice if circumstances described in Section 2.08(F) of the Ordinance so require; and WHEREAS, in order to reimpose Solid Waste Service Assessments for the Fiscal Year beginning October 1, 2007, 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 previously been made available for inspection by the public, as required by the Ordinance; and 2 RESOLUTION #2007462 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 12, 2007, 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. That this Resolution is adopted pursuant to the Ordinance, the Preliminary Rate Resolution, Article VIII, Section 2, Florida Constitution, sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. Section 2. Definitions And Interpretation. That 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 approved, are found to be specially benefited by the provision of the Solid Waste collection and disposal services,facilities,or programs described or referenced in the Preliminary Rate Resolution in the amount of the Solid Waste Service Assessment set forth in the updated Assessment Roll, a copy of which was present or available for inspection at the above referenced public hearing and is incorporated by reference. It is 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 3 RESOLUTION#2007-162 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 approved. (C) For the Fiscal Year beginning October 1,2007,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$241.92 for each Dwelling Unit is 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 approved, are levied and reimposed on all parcels of Assessed Property described in such Assessment Roll. (D) As authorized in Section 2.13 of the Ordinance, interim Solid Waste Service Assessments are also levied and imposed against all property for which a Certificate of Occupancy is issued after adoption of this Resolution based upon the rates of assessment approved in this Resolution. 4 RESOLUTION #2007-162 (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 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. That the Preliminary Rate Resolution is confirmed. Section 5. That 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 Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Annual Rate Resolution shall take effective on October 1, 2007. PASSED AND ADOPTED on September 12, 2007. BOB ANTON MAYOR—COMMISSIONER 5 RESOLUTION#2007-162 ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY RESOLUTION#2007-162 � g RESOLUTION NO. 2007-163 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES IN THE CITY OF DANIA BEACH, FLORIDA; IMPOSING AND REIMPOSING STORMWATER ASSESSMENTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of Dania Beach, Florida, has enacted Ordinance No. 13-96, as amended (the "Stormwater Utility Ordinance"), which authorizes the imposition of Stormwater Assessments for Stormwater Management, capital and administrative services against Property located within the City; and WHEREAS the imposition and 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 Property; and WHEREAS, the City Commission desires to impose and reimpose a stormwater assessment program within the City using the tax bill collection method for the Fiscal Year beginning on October 1, 2007; and WHEREAS, the City Commission, on July 24, 2007, adopted a preliminary rate of $23.00 per ERU, containing and referencing a brief and general description of the Stormwater management, capital and administrative services to be provided to property, describing the method of apportioning the Stormwater Service Cost for Stormwater management, capital and administrative services against 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 I97.3632(4)(a), Florida Statutes, so require; and WHEREAS, in order to reimpose Stormwater Assessments for the Fiscal Year beginning October 1, 2007, 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; and WHEREAS, the updated Stormwater Assessment Roll has previously been made available for inspection by the public, as required by the Stormwater Utility Ordinance; and 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; and WHEREAS, a public hearing was held on September 12, 2007, 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 VIIl, 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 2 RESOLUTION 92007-163 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 an action which approved the Preliminary Rate on July 24, 2007 taken by the City Commission. Section 3. Imposition and Reimposition of Stormwater Assessments. (A) The tax parcels of Property described in the Stormwater Assessment Roll, as updated, which is approved, are found to be specially benefited by the provision of the Stormwater management, capital and administrative 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 present or available for inspection at the above referenced public hearing and it is incorporated by this reference. It is ascertained, determined and declared that the estimated revenue to be derived from the imposition of Stormwater Assessments at the rate of $23.00 per ERU. 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, capital and administrative 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. 3 RESOLUTION #2007-163 B The method for computing Stormwater Assessments described or referenced in the Preliminary Rate Resolution, inclusive of the Mitigation Credit Policy adopted in the amended Stormwater Utility Ordinance, is approved. (C) Based upon the rates of assessment approved, an interim Stormwater Assessment shall be imposed against all property for which a Certificate of Occupancy is issued or change in land use occurs 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 or change in land use occurs. 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. Such lien shall be equal in rank and dignity 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. 4 RESOLUTION#2007-163 (D) Stormwater Assessments shall constitute a lien upon the 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. Section 4. That the Preliminary Rate Resolution is confirmed. Section 5. That 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 Property, the method of apportionment and assessment, the rate of assessment, the Stormwater Assessment Roll and the levy and lien of the Stormwater Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of adoption of this Annual Stormwater Assessment Resolution. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Annual Stormwater Assessment Resolution shall take effective October 1, 2007. PASSED and ADOPTED on September 12, 2007. ATTEST: LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 5 RESOLUTION#2007-163