HomeMy WebLinkAboutR-2007-163 Final Stormwater 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.
t3-96, 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 197.3632(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 VIII, Section 2, Florida Constitution,
sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law.
Section 2. Definitions and Interpretation. This Resolution constitutes the Annual
Stormwater Assessment Resolution as defined in the Stormwater Utility Ordinance. All
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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.
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(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.
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(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.
%
A EST:
LOUISE STILSON, CMC OB ANTON
CITY CLERK MAYOR-COMMISSIONER
APPROVED AS TO FO AN CORRECTNESS:
BY:
THO AS J. A S R
CITY AT RNEY
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