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Home My WebLink AboutR-1996-071RESOLUTTON NO. 71- 96 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA, FLORIDA; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WTHIN GRIFFIN ROAD ANNEXATION AREA OF THE CITY OF DANIA; APPROVING THE ASSESSMENT ROLL; CONFIRMINGTHE lNlTlAL ASSESSMENT RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Dania, Florida, has enacted Ordinance No. 09-96 (the "Ordinance"), which authorizes the imposition of annual Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities or programs against certain Assessed Property within the City; WHEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste collection and disposal services, facilities or programs for each Fiscal Year is an equitable and efflcient method of allocating and apportioning Service Costs among parcels of Assessed Property; WHEREAS, the Board desires to initiate a Solid Waste collection and disposal services, facilities or programs assessment program within the Griffin Road Annexation 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 1,1996; 1 WHEREAS, the Board, on July 9, 1996, adopted Resolution No. 64-96 (the "lnitial Assessment Resolution"), containing 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 Service Cost to compute the Solid Waste Service Assessment for Solid Waste collection and disposal services, facilities or programs against specific properties, designating a rate of assessment, and directing preparation of the Assessment Roll and provision of the notice required by the Ord inance; WHEREAS, pursuant to the provlsions of the Ordinance, the City is required to confirm or repeal the lnitial Assessment Resolution, with such amendments as the Board deems appropriate, after hearing comments and objections of all interested parties; WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; WHEREAS, notice of a public hearing has been published and, as required by the terms of the Ordinance, mailed to each property owner proposed to be assessed notifying such property owner of the Owner's opportunity to be heard, an affidavit regarding the form of notice mailed to each property owner being attached hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and WHEREAS, a public hearing was held on August 13, 1996, and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuantto Ordinance No. 09-96, Resolution No.64-96, sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. This Resolution constitutes the Final Assessment Resolution as defined in the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the lnitial Assessment Resolution. SECTION 3. SOLID WASTE COLLECTION AND DISPOSAL 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 Solid Waste collection and disposal services, facilities or programs described in the lnitial Assessment Resolution, in the amount of the Solid Waste Service Assessment set forth in the Assessment Roll, a copy of which was present at the above referenced public hearing and is incorporated herein by reference. lt is hereby ascertained, determined and declared that each parcel of Assessed Property within the Griffin Road Annexation 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, facilities or programs in an amount not less than the Solid Waste Service Assessment for such parcel, computed in the manner set forth in this Resolution. Adoption of this Final Assessment Resolution constitutes a legislative determination that 2 all parcels assessed derive a special benefit, as set forth in the Ordinance and the lnitial Assessment 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 lnitial Assessment Resolution. (B) The method for computing Solid Waste Service Assessments described in the lnitial Assessment Resolution is hereby approved. (C) For the Fiscal Year beginning October 1, 1996, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. An annual rate of assessment equal to $320.80 for each Dwelling Unit, in addition to any unpaid or delinquent fees, charges, or Partial Year Solid Waste Service Assessments due the City for Solid Waste collection and disposal services 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 imposed on all parcels of Assessed Property described in the Assessment Roll. (D) Such 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. 4 (E) The Assessment Roll, as herein approved, 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 INITIAL ASSESSMENT RESOLUTION. The lnitial Assessment Resolution is hereby confirmed. SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Flnal Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the method of apportionment, the rate of assessment, the Assessment Roll and the levy and lien of the Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities or programs) unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Final Assessment Resolution. SEGTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 13th ATTEST: CITY K-AUDITOR APPROVED AS TO FORM AND CORRECTNESS: s ,1996. -COMMISSIONER -h*lC&ll'*' t CITY ATTORNEY RESOLUTION NO. 71-96 rl CITY OF DANIA, FLORIDA FINAL ASSESSMENT RESOLUTION ADOPTED AUGUST 13, 1996 TABLE OF CONTENTS AUTHORITY DEFINITIONS AND INTERPRETATION SOLID WASTE COLLECTION AND DISPOSAL ASSESSMENTS .... SECTION 4 SECTION 5 SECTION 6 CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION EFFECT OF ADOPTION OF RESOLUTION EFFECTIVE DATE . APPENDIX A. AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS APPENDIX B.PROOF OF PUBLICATION . Page 3 3 c 5 5 5 A-1 B-1 SECTION 1. SECTION 2. SECTION 3. APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Marie J. Jabalee, Camille S. Gianatasio, and Joseph W. Biggs, who, after being duly sworn, depose and say: '1 . Marie J. Jabalee, as City Clerk of the City of Dania, Florida ("City"), pursuant to Resolution No. 158-95 approving the scope of services to be performed by Nabors, Giblin & Nickerson, P.A. ("NG&N") adopted on November 14, 1995, and the authority and direction received from the City Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with Sections 2.03,2.04, and 2.05 of the Solid Waste Service Assessment Ordinance adopted by the City Commission on July 9, 1996 (the "Assessment Ordinance") in conformance with the lnitial Assessment Resolution adopted by the City Commission on July 9, 1996 (the "lnitial Assessment Resolution"). 2. Camille S. Gianatasio is Vice President of Government Systems Group, L.C. ('GSG"). GSG has caused the notices required by Section 2.05 of the Assessment Ordinance to be prepared in conformance with the lnitial Assessment Resolution. An exemplary form of such notice is attached hereto. GSG has caused such individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the rate of assessment proposed to be levied against each parcel of property; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the City expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; notification that unpaid or A-1 delinquent fees, charges, or assessments due the City for Solid Waste collection and disposal services allocated to specific parcels will be additionally included in the assessment; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. 3. Joseph W Biggs is President of Modern Mailers. As directed above, Modern Mailers, mailed or caused to be mailed on or before July 23, 1996, the above-referenced notices delivered to Modern Mailers by GSG. FURTHER AFFIANTS SAYETH NOT. Marie J. Jab affiant Fto Camille S. Giana io, affiant J W. Biggs,lant STATE OF FLORIDA COUNry OF BROWARD ^ The foregoing Affidavit of Mailing was sworn to and subscribed before me this7 aay of August, 1996 by Marie J. Jabalee, City Clerk, City of Dania, Florida. She IS n ntom or has produced as identification and did take an oath Printed Name:A Notary Public, State of Florida At Large My Commission Expires: Commission No.: ( gccllri NOTAI.Y PLI I] coMr,rissioi.i i.Jo. cc3c.8513 MY COMMISSION EYf. A:]C- 12,1W STATE OF FLORIDA COUNTY OF LEON has produced STATE OF FLORIDA COUNTY OF LEON , The foregoi Qt day of Au Sy$tems Group, L a4 .'i'tt'**nlffi [li1;u*"Y*'"' ?i*&# --"' ,,#[1'^;l'Hi*'''" ng Affidavit of Mailing was sworn to and subscribed before me this gust, '1996 by Camille S. Gianatasio, Vice Preside nt Govern ment a Florida limited corporation. She i or as identification and did take an oat t Printe Name Notary Public, State of Florida At Large My Commission Expires: Commission No.: The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of August, 1996 by Jose President, Modern Mailers, lnc., a Florida corporation. He i r has p rod u ced AS identification and did take an oath h Printed Name: Notary Public,State of lorida At Large My Commission Expires Commission N ltlll|| rsoe n I nk nOW mtoly known to meonail A-5 #cc 371092 9. APPENDIX B PROOF OF PUBLICATION SUN-SENTINEL published DaityFort Lauderdate, Broward bounty, FloridaBoca Raton, patm Beach Gounty, Ftorida PASl'Ii CoPY O} I,E(;AI, NOTICD I!DR}: S'I ATE OT FLORIDA COUN'ry OP Bf,,OWAR,D/PALM BEACIT llclorc tlc rrdcriglcd rtrtlority porolrtly eppcrrcd Supervi sor rho or o.tl l.tn ltst bc ar of tho Sur-Scoriocl. d:ilyt!Ilro*rrd./Prln Bcect C-ourqr, Ploridt,trce of Hearin llra thc rlhclcd copy oI rdvcrlircacll,bciug e No ir lhc r|rtlcr of ir ltc -p*I cd Courtrer publi cd ir rlid lc*rpepcr ir llo irrucr of July 23, 7996 Affitlt lurllcr rryr llrr lLc nid Sur-Scrti.G I ir r rcrrprpcr prblllod il reid Brorrrd/Peln Bcrcl C-oulty, Floridr, rld llrl llc [id nclrprpcr Lrr Lcrclotrorc bcor corliluorr lypublLlcd ir oid Brorrrd/peh Bcrcl Crurty,Ftoridr, crcl dty, ud Levo bGG. colcrcdlt rccotd clrg ]ralcr rt lto porl otlicc ir Forl Irudcrdtlc, it uid Erorrrd C-ouaty, Floridr,lor r pcriod o[ orc lErr lcrt prcccdilt tlo lirra publietiol of tlc tllrclod copy of rdvcrairc_ncrl, rrd rlfimi rrF tl.a lc ler rcitlcr prid roarry dircorat, rcbttc, conmirior or rcluad lor alc for publirlior ir reid rcrrptpcr. (Nemc of Noiery typcd, pri.oted or rtropcd)TtRq L. mzAt( t Y tcia{ssiufi , c{c956$ EXPTBES r0rllto ltl,tu flt{y rlll Lisu8{{cE [X. Iiro or corporttior llir r litcEGrl \Jfr.,L Ssorl lo ud rnhrcribcd bcforo nc tlir 2 3 r d. (Sigort dry G J ArIbrl)i v lf6 J /?l). '/ l'crsooelly Klown or Produced l&Dlific.tioo I pctx)a, pllrpotc rccurirg ) NOTICE OF HEARING TO IMP)SE AND PROVIDE FOR CO'.LECTION OF SOLID WASTE SENVICE SPECIAL ASSEsSMENTS Ncfic€ is hereby $ven that f|€ Clry Co.n.nission ol the Clf/ o ornia wlll cooducr a Fdic hoadrg lo consd€r rmplslng solil wasle specri, a snl€,rts agamsl cedain improved rgsideothl propenies lclcaled w{hrn lho9, insr x{ated areas tl the Citv ol Oania ann€xed ousuanl lo Chaota. 9Cl483. Laws ol' .rnda (soh€llrnes ,pl.Iy.il lo as EE 'Griffi; Road Am€raiton Area' o' th€ "F..v6nstd Road Ann€radon Ar€a") oa anv olher ncorDor6ted area s€rved b\ rraler and s,ex,er soryice pmvd€rs 6thor than he Oty. td ,und lhe cosl ol solid wJgtg colloclron add o,sooeal servtcs and oroorams orovded to such prop€rnes orld lo audDdze cotiectix ol sudr ass€:ssti€ots o-n tl€ tax bdl. LrnmprolEd prDpenies. motile hom€ parts. aoarlrnonts wilh l0 oa morE d,,tolling un s, cffdominn ms, or c!m' merciai orooort€s aro nol st/ti6ct to tr|e pro9os€d ilss€ssrrgnl Th6 h.ianiio will b€ hold al 7:30 p.m. on Auqust 13. 1996, h the City Cornmissbr chembers ofciv Hall. l@ Wesl Dania B€ach Bouleva.d. Oania, Flonila. lor th€ ouroose ol recriGoo oublic comm€nt on thg D.o@s€d assossnl€nts. All afi€cled broilsrty owners hafr a righl to ap9oa, at th6 heanng and to lil€ vrritlan obigclions wrth he Cily Comrnission wibm 20 days ol ths notic6. ll 8 pe,son d€c&r€s to aoo€al Bnv decision made bv tr|€ City Co.nmissione6 with respocl lo any malle. cb;si&rri at U|e hca,ing, sridr pors jo witt n€€d a rscord o, tho pTocssdrlgs and.ray n€ed io 6osui6 traia velba$m a€cod is mads, l lcltdng lhg tgstilnony and evrdonc€ upoo wh**r th€ aDooal is to b€ made. ln acto.danc€ with ltlg Arned:ans wlth Dirslriilies Aal" o€rso.is neGdnq I sp€cial acclrnmodation or an inlorpretor lo oarlbbalg in thig o.bcaedno shoud co.ttad tlle Cttv Osfi's dfice at (!}54) 921' bTm. ononsion 202, al leasi two davs grior to lhe date ol tle hosriig. Tho a3sa$rn€ntr will b6 co.nputod by multiplying the nunter of dtw{ing unik on €ach oercel bv lho ratg ol assogsrn€nt. Th€ rEte ol ass€ssrn€nt lor tho LpcoanrE ftscal vear sharE b€ $320.86. Whgn aoolicabl€, the a3s€ssrneot imposed shall hclud6 for eact arleclBd oarc€l an amount eauivalent to lhe paymenl delinquoncy lor arly uopsil loos. cfrarops on lh€ Panisl Ye€r Solid wasle AssoiYnent (fu€ Ur€ C'ty t& sdd wasls rirandg.rn€nt s€rvi;€s o. facilibes. Cot i€s c, ths a$ossmonl ro : sho{{ing hs smount o-l th€ assas€menl lo b€ rmpog€d against each parc€l-ol orooeatv. arfr tho l€oal doqrmentalbn relatino to lhe assgsgn€ntg are availabl€ lor ins6erirn at he offti ol the Citv Cl6rk, localed at Ue Dania Citv HalL tm WGst Da;b B€ach Boulevard. Danh, Fbdda 33004. Tho aasEsm€nls will b€ cllbcfed on fie ad valore.n lar bi{ lo b€ rnailed in No\€rnber ,996, as auttrotizod by S€c{on i97.3632. Fbrila Slahjtos. Failure to pay th€ aag€ss.nonG vnll cause 8 la.x cerlifical€ to b€ isgu€d against the proport, whrctl ar|av rBsld in a loss of titl€. ll vou haw anv auestirns, pl€as€ conrad fi6 City Utlity Btlling Dspartigd al (954) 921€z,o, bxi€osion 220 or en€flsbo 223, ilo.day through FAray botw€on 9100 a.m. and 5:00 p.m. GIY Of,IIANUTo / ! : I l { N I 7i TAFIE J. JABALEE CITY CLERX CITY OF DA II. FLORIDA APPENDIX A FORM OF NOTICE TO BE PUBLISHED ITNSERT MAP OF Crry SHOWTNG ANNEXED AREAI NOTICE OF HEARING TO IMPOSi: AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVI(]E SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Dania will conduct a public hearing to consider imposing solid waste special assessments against certain improved residential properties located within those incorporated areas of the City of Dania annexed pursuant to Chapter 90483, Laws of Florida (sometimes referred to as the "Gffin Road Annexation Area" or the "Ravenswood Road Annexation Area") or any other incorporated area served by water and sewer seryice 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. Unimproved properties, mobile home parks, apartments with 10 or more dwelling units, condominiums, or commercial properties are not subject to the proposed assessment. The hearing will be held at 7:30 p.m. on August 13, 1996, in the City Commission Chambers of City Hall, 100 West Dania Beach Boulevard, Dania, Florida, for the purpose of receiving public comment on 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. lf a person decides to appeal any decision made by the City Commissioners 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. ln accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should A-1 \ To Be Published by July 23, 1996 contact the City Clerk's office at (954)921-8700, extension 202' at least two days prior to the date of the hearing. The 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 $320.86. When applicable, the assessment imposed shall include for each affected parcel an amount equivalent to the payment delinquency for any unpaid fees, charges on the Partial Year Solid Waste Assessment due the City for solid waste management services or facilities. copies of the assessment roll, showing the an:ount of the assessment to be imposed against each parcel of property, and the .egal documentation relating to the assessments are available for inspection at the offi.;e of the City Clerk, located at the Dania City Hall, 100 West Dania Beach Boulevard. Dania, Florida 33004. The assessments will be collected on the ad valorem tax bill to be mailed in November 1996, 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. lf you have any questions, please contact the city Utility Billing Department at (954) 921-8700, extension 220 or extension 223, Monday through Friday between 9:00 a.m. and 5:00 P.m. CITY COMMISSION OF THE CITY OF DANIA, FLORIDA A-2