The URL can be used to link to this page

Home My WebLink AboutR-1996-086FINAL STORMWATER ASSESSMENT RESOLUTION RESOII'ITICT.I NO. 86-95 A RESOLUTION OF THE CIry COMMISSION OF THE CIry OF DANIA, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES; IMPOSING STORMWATER ASSESSMENTS AGAINST CERTAIN REALPROPERry WTHIN THE CITY; APPROVING THE STORMWATER ASSESSMENT ROLL; CONFIRMING THE lNlTlAL STORMWATER ASSESSMENT RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania, Florida, has enacted ordinance No. 13-96, which authorizes the imposition of stormwater Assessments against real property specially benefited by Stormwater Management Services; and WHEREAS, the imposition of a Stormwater Assessment is an equitable and efficient method of allocating and apportioning the cost of Stormwater Management Services among parcels of property that are specially benefited thereby; and WHEREAS, the City Commission adopted Resolution No. 73-96, the lnitial Stormwater Assessment Resolution, describing the method of assessing the cost of Stormwater Management Services against the developed real property located within the City, and directing preparation of the tentative Stormwater Assessment Roll and provision of the notices required by the Ordinance; and WHEREAS, pursuant to the provisions of the Ordinance, the City is required to confirm or repeal the lnitial Stormwater Assessment Resolution, with such amendments as the City Commission deems appropriate, after hearing comments and receiving objections of all interested parties; and WHEREAS, the Stormwater Assessment Roll has heretofore been filed with the office of the Stormwater Utility, as provided by the Ordinance; and WHEREAS, as required by the terms of the ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifoing such propefi owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively; and WHEREAS, a public hearing has been duly held 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, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 125, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This is the Final Stormwater Assessment Resolution, as defined in the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the lnitial Stormwater Assessment Resolution. SECTION 3. CONFIRMATION OF INITIAL STORI,IWATER ASSESSMENT RESOLUTION. The lnitial Stormwater Assessment Resolution, as superseded in part by Section 8 hereof, is hereby ratified and confirmed. SECTION 4. APPROVAL OF STORMWATER ASSESSMENT ROLL. The Stormwater Assessment Roll, which is currently on file in the office of the Stormwater Utility and incorporated herein by reference, is hereby approved. SECTION 5. STORMWATER ASSESSMENTS. The Tax Parcels of Developed Property described in the Stormwater Assessment Roll are hereby found to be 2 specially benefited by the provision of stormwater Management services in the amount of the stormwater Assessment set forth in the stormwater Assessment Roll. lt is hereby found and determined that sum of (A) the estimated revenue to be derived from the imposition of Stormwater Assessments at the rate of $20.00 per ESU, and (B) the amount to be transferred to the Stormwater Utility Fund in lieu of Stormwater Assessments against Tax-Exempt lnstitutional Property, does not exceed the budgeted Stormwater Service Cost. Stormwater Service Assessments in the amounts set forth in the Stormwater Assessment Roll (based upon the rate of $20.00 per ESU), are hereby levied and imposed on all Tax Parcels described in the Stormwater Assessment Roll. Such Stormwater Assessments shall constitute a lien upon the Tax Parcels so assessed from the date of adoption of this Final Stormwater Assessment Resolution 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 llens, titles and claims, until paid. The lien for Stormwater Assessments shall be deemed perfected upon adoption by the City Commission of this Final Stormwater Assessment Resolution. Upon perfection, the lien for Stormwater Assessments collected under the Uniform Assessment Collection Act shall attach to the propefi included on the roll as of the prior January 1, the lien date for ad valorem taxes. SECTION 6. COLLECTION OF STORMWATER ASSESSMENTS. The Stormwater Assessments shall be collected pursuant to the Uniform Assessment Collection Act. The City Manager is hereby authorized and directed to certify and deliver or cause the certification and delivery of the Stormwater Assessment Roll to the Tax Collector by September 15, in the manner prescribed by Section 197.3632, Florida Statutes. SECTION 7. EFFECT OF RESOLUTION. The adoption of this Final Stormwater Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the apportionment methodology, the rate of assessment, the adoption of 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 this Final Stormwater Assessment Resolution. SECTION 8. MITIGATION CREDIT POLICY. (A) Prior to adoption of the lnitial Stormwater Assessment Resolution, the City was advised by its consulting engineers that there are no privately maintained Stormwater management facilities within the City. Based upon this information, Section 3.05(8) of the lnitial Stormwater Assessment Resolution prohibited imposition of a Stormwater Service Assessment against any property served by a privately maintained Stormwater management facility prior to adoption of a Mitigation Credit Policy. Subsequently, the City has been advised by its consulting engineers that there may be privately maintained Stormwater management facilities within the City but that it would not be possible to develop a Mitigation Credit Policy prior to adoption of this Final Stormwater Assessment Resolution. (B) The City Manager is hereby authorized and directed to develop and present a Mitigation Credit Policy to the City Commission within 30 days for approval by resolution. 4 lf application of the Mitigation Credit Policy would reduce the Stormwater Assessment for any Tax Parcel included on the Stormwater Assessment Roll approved by Section 4 hereot the resolution approving the Mitigation Credit Policy shall speciff such reductions and the City Manager shall adjust the Stormwater Assessments in the manner required by Section 3.12 of the Ordinance. This Section 8(B) shall be deemed to supersede Section 3.05(B) of the lnitial Stormwater Assessment Resolution. SECTION 9. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption, this 1Oth day of September, 1996. PASSED AND ADOPTED on the 1Oth day of September, 1996. THE CITY OF DANIA, FLORIDA (SEAL) By: n rtino Mayor - Commissioner ATTEST: By Marie J. Jab ee City Clerk - Auditor App rFo nd Correctness: Frank Adler, C Atto ey 5 RESOI,T]TICTI NO. 86-96 APPENDIX A PROOF OF PUBLICATION g !I I f, f, ?! ktI 15 I xI Et F rI 33 E E F $BIr t E. € 1t il I.. f,ra rf 5H sE, s rStE [ilE :(€ i{'F F$ zoctsoo E rt IB o IDH+ F ,F ttr I:tsE E. EEi {Ir Er TI ta tl *IIrrt ? TI ft I Ift t B Ft 3IiIi( rr!E Iu g t E tr Ft-rJt I t T F Rt E 1 II ! Irt Eg rtIt €a IIIIIrl l EI It III ?!IttI{i I r ti IIr I a Il r E rtIE I fI I ,Ia g Ia iIA $t z It f 7t sI:.I TL IIIII :tII E. ,tt o I {r $ t & D:. LIt 0c <+o HtrorJo CA rD rD5 o oo o oIfI E,tt $I rI It I r IIr or ! tri ls DC Ol I ItIII , E FttTFI I I \o LOo\ !9 l3 bolJI (Do II $atJI i: .l' sIl E t i: I ii o o Ni.l:) t a I 5 Ftc ? !i (' Q3FEI ITEIer EgH EE EE c)P 0)aa op, a o5 ao5 r l i rlj,IJ., ,Hfrffiffiffifr,#ffiffi *#fSrrrJolrjr,Irrlueslions, ptease contact the uritity Direclor at o?vor&4MA N _l I I I I l I CTTY OF DAI{IA, FLOBTDA 0 APPENDIX B AFFIDAVIT OF MAILING AFFIDAVIT OF MAILING STATE OF FLORIDA COUNry OF LEON BEFORE ME, the undersigned authority, personally appeared Gretchen H. Waldo and Kevin M. Butler, who, after being duly sworn, depose and say: 1. l, Gretchen H. Waldo, am a duly authorized agent of Government Systems Group, L.C. ('GSG), which was directed by the City Manager of the City of Dania, Florida, to prepare and mail the notices required by Resolution No. 73-96, adopted by the Dania City Commission on August 13, 1996. GSG has prepared notices in conformance with Section 4.03 of Resolution No. 73-96 and Section 3.05 of Ordinance No. 13-96 for the owner of each parcel of Developed Property (as defined in Ordinance No. 13-96) shown on the preliminary Stormwater Assessment Roll prepared pursuant to Resolution No. 73- 96, at the addresses then shown on the real property assessment tax roll database maintained by the Broward County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. On or before August 20, 1996, GSG delivered the above- described notices by Mail Master of Tallahassee, lnc. ("Mail Master"). 2. l, Kevin M. Butler, am President of Mail Master. On or before August 20, 1996, the notices provided to Mail Master by GSG were delivered to the possession of the B-1 U.S. Postal Service, bearing appropriate postage, for delivery by first class to the addressees thereof. FURTHER AFFIANTS SAYETH NOT. retchen H. Waldo, affia n (as aragraph 1, above) Kevin Butl r, affiant (as to paragraph 2, above) STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me by Gretchen H. Waldo, who who has produced as identification and d take an oath WITNESS, my hand and official seattnisday of A gnature of ackn edgment Name of acknowledger (printed) My commission expires (did not) B-2 1996. STATE OF FLORIDA COUNry OF LEON The foregoing instrument was acknowledged before me by Kevin M. Butler, who is who has produced as identification and d take an oath. WITNESS, my hand and official sealtnisL4ay ot re of ,,19 6. ki g ent."".:_$:;,1',,f#fz %r,i,',,t#N Name of acknowledger (printed) My commission expires: personally known to me B-3