HomeMy WebLinkAboutR-1996-064RESOLUTTON NO. 64_e6
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
RELATING TO THE COLLECTION AND DISPOSAL OFSOLID WASTE IN THE CITY OF DANIA, FLORIDA;
DESCRIBING THE METHOD OF ASSESSING SOLIDWASTE COSTS AGAINST ASSESSED PROPERW
LOCATED WTHIN THE GRIFFTN ROAD ANNEXATIONAREA OF THE CITY OF DANTA; D|RECTING THEPREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING THE
PROVISION OF NOTICE THEREOF;AND pROVtDtNG 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, a Solid Waste Service Assessment is not being imposed upon all
improved properties within the City as certain improved properties are subject to either
('l) 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;
WtIEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste
collection and disposal services, facilities or programs less than citywide is an equitable
and efiicient method of allocating and apportioning Solid waste costs among parcels of
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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
WHEREAS, the Board desires to initiate an annual Solid Waste collection and
disposal 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORTDA:
sEcrloN 1. AUTHoRlry. This Resolution is adopted pursuant to the provisions
of ordinance No. 09 -96, sections 166.021 and 166.041, Florida Statutes, and other
applicable provisions of law.
sEcrloN 2. PURPOSE AND DEFlNliloNS. This Resolution constitutes the
lnitial Assessment Resolution as defined in the ordinance. All capitalized words and
terms not otherwise defined herein shall have the meanings set forth in the ordinance.
Unless the context indicates otheruise, words imparting the singular number, include the
plural number, and vice versa. As used in this lnitial Assessment Resolution, the
following terms shall have the following meanings, unless the context hereof otherwise
requires:
"DoR code" means a property use code estabrished in Rure 12D-g.00g, Frorida
Administrative code, assigned by the Property Appraiser to Tax parcels within the city.
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"lmprovement Codes" mean the property use codes assigned by the property
Appraiser to Tax Parcels within the City.
"Partial Year Solid Waste Service Assessment" means a special assessment
imposed pursuant to Ordinance No. 01-96 and Resolution No. 31-96.
"Tax Parcel" means a parcel of property located within the City to which the
Property Appraiser has assigned a distinct ad valorem property tax identification number.
SECTION 3. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND
FAIR APPORTIONMENT. lt is hereby ascertained and declared that the Solid Waste
Costs provide a special benefit to the Assessed Property based upon the following
legislative determinations:
(A) Upon the adoption of this lnitial Assessment Resolution identifying the
Assessed Property to be included in the Assessment Roll, the legislative determinations
of special benefit ascertained and declared in Section 1.04 of the Ordinance are hereby
ratified and confirmed.
(B) lt is fair and reasonable to use the lmprovement Codes and DOR Codes
to apportion the Solid Waste Cost among parcels of Residential Property located within
the Griffin Road Annexation Area and any other incorporated area served by water and
sewer service providers other than the City because: (1) the Tax Roll database
employing the use of such property use codes is the most comprehensive, accurate, and
reliable information readily available to determine the property use and number of
Dwelling Units for lmproved Property within the Griffin Road Annexation Area and any
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other incorporated area served by water and sewer service providers other than the city,
and (2) the Tax Roll database is maintained by the Property Appraiser and is consistent
with the coding of parcel designations on the Tax Roll which compatibility permits the
development of an Assessment Roll in conformity with the requirements of the Uniform
Assessment Collection Act.
(C) The size or value of Residential Propefi does not determine the scope and
cost of solid waste collection and disposal services to be provided to such property.
The use of solid waste collection and disposal services, facilities, and programs and the
negotiated vendor agreements to provide solid waste collection and disposal services
are driven by the existence of a Dwelling Unit and the average occupant population.
(D) Apportioning the Solid Waste Costs for Solid Waste collection and disposal
services provided to Residential Property within the Griffin Road Annexation Area and
any other incorporated area served by water and sewer service providers other than the
city on a per Dwelling Unit basis is compatible with the vendor agreements negotiated
by the City and the use of the Tax Roll data base, is required to avoid cost inefficiency
and unnecessary administration, and is a fair and reasonable method of apportioning
Solid Waste Costs.
SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES.
(A) Upon the imposition of Solid Waste Service Assessments for Solid Waste
collection and disposal against Assessed Property located within the Griffin Road
Annexation Area or any other incorporated area served by water and sewer service
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providers other than the City, the City shall cause Solid Waste collection and disposal
servlces to be provided to such Assessed Propefi. Solid Waste Costs shall be paid
from proceeds of the Solid Waste Service Assessments.
(B) lt is hereby ascertained, determined, and declared that each parcel of
Assessed Property will be benefited by the City's provision of Solid Waste collection and
disposal services, facilities and programs in an amount not less than the Solid Waste
Service Assessment upon such parcel, computed in the manner set forth in this lnitial
Assessment Resolution.
SECTION 5. ASSESSMENT ROLL.
(A) For the Fiscal Year in which Solid Waste Service Assessments for Solid
Waste collection and disposal services, facilities and programs are imposed, 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. Only those parcels assigned a DOR Code of 01 and 08 by the Property
Appraiser on the Tax Roll shall be classified as Assessed Property. A rate of
assessment equal to $320.86 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.
(B) The City Clerk is hereby directed to prepare, or cause to be prepared, an
initial Assessment Roll for the Fiscal Year beginning October 1, 1996 in the manner
provided in the Ordinance. Such initial Assessment Roll shall contain the following: (1)
(
a summary description of all Assessed Property within the Griffin Road Annexation 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 initial Solid Waste Service Assessment for Solid Waste collection and
disposal services, which, when applicable, shall include for each parcel an amount
equivalent to the payment delinquency for any unpaid fee, charge, or Partial Year Solid
Waste Assessment due the City for Solid Waste collection and disposal services or
facilities or for any like assessment previously imposed and authorized to be collected
by any method other than the Uniform Assessment Collection Act. The initial
Assessment Roll shall be open to public inspection. The foregoing shall not be
construed to require that the initial 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. Such 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 and adding any unpaid
or delinquent fees, charges, or assessments due the City for Solid Waste collection and
disposal services provided to such parcel.
(C) lt is hereby ascertained, determined, and declared that the foregoing
method of determining the Solid Waste Service Assessments for Solid Waste collection
and disposal services (1) is a fair and reasonable method of apportioning the Solid
Waste Cost therefore among parcels of Assessed Property and (2) is an equitable and
efficient mechanism to address payment delinquencies and recover funds advanced for
Solid Waste collection and disposal services, facilities, and programs which are allocable
to specific parcels of Assessed Property.
SECTION 6. AUTHORIZATION OF PUBLIC HEARING. There is hereby
established a public hearing to be held at 7:30 p.m. on August 13, 1996 in City
Commission Chambers of City Hall, 100 West Dania Beach Boulevard, Dania, Florida,
for the purpose of (A) receiving and considering any comments on the Solid Waste
Service Assessments from affected property owners and (B) authorizing the imposition
of such Solid Waste Service Assessments for Solid Waste collection and disposal and
collection on the same bill as ad valorem taxes.
SECTION 7. NOTICE BY PUBLICATION. The City Clerk shall publish a notice,
as required by Section 2.04 of the Ordinance, in substantially the form attached hereto
as Appendix A. Such notice shall be published not later than July 23, 1996 in a
newspaper generally circulated in Broward County.
SECTION 8. NOTICE BY MAIL. The City Clerk shall provide notice by first class
mail to the Owner of each parcel of Assessed Property, as required by Section 2.05 ot
the Ordinance, in substantially the form attached hereto as Appendix B. Such notices
shall be mailed not later than July 23, 1996.
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SECTION 9. EFFECTIVE DATE. This lnitial Assessment Resolution shall take
effect immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS July, 19
OR.COMMISSIONER
ATTEST
e"i c A/4,.-
ITY CL
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
B RESOLUTION NO. 64-96
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
To Be Published by July 23, 1996
[INSERT MAP OF CITY SHOWING ANNEXED AREA]
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF SOLID WASTE SERVICE 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 90-483, Laws of Florida (sometimes referred to as
the "Griffin Road Annexation Area" or the "Ravenswood Road Annexation 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.
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
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 amount
of the assessment to be imposed against each parcel of property, and the legal
documentation relating to the assessments are available for inspection at the office 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
APPENDIX B
FORM OF NOTICE TO BE MAILED
APPENDIX B
FORM OF NOTICE TO BE MAILED
* * * * * NOTICE TO PROPERTY OWNER * * T * *
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33063
Owner Name
Address
City, State Zip
F DANIA, FLORIDA
NOTICE OF HEARING TO IMPOSE AND PROVIDE
FOR COLLECTION OF SOLID WASTE SERVICE
NON-AD VALOREM ASSESSMENTS
NOTICE DATE: July 23, '1996
Tax Parcel #
Legal Description:
As required by Section 197.3632, Florida Statutes, notice is given by the City of Dania that an
annual assessment for solid waste services using the tax bill collection method, may be levied
on your property for the fiscal year October 'l , 1 996 - September 30, 1997. The purpose of this
assessment is to fund solid waste services beneflting residential property located within the City
of Dania. The total annual solid waste assessment revenue to be collected within the City of
Dania is estimated to be $The annual solid waste seryice assessment
is based on the number of residential dwelling units contained on each parcel of property
The total number of residential dwelling units on the above parcel is
[ThedelinquentSolidwaSteseryiceassessmentfortheaboveparcelis$-]-
The solid waste service assessment for the above pa rcel is $
[ThetotalsolidwasteserviceassessmentfortheaboVeparcelis$-]-
fihe amount of the total solid waste service assessment includes an amount equivalent to the
payment delinquency for any unpaid solid waste service assessments due the City for solid
waste management services or facilities.l"
*Notice to property owners with delinquent assessment amounts only.
B-1
A public 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. You and all other 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 you decide to appeal any decision made by the city commission with respect
to any matter considered at the hearing, you 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 needlng
a special accommodation or an interpreter to participate in this proceeding should contact the
city clerk's office at (954) 921-8700, extension 202, at least two days prior to the date of the
hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relef within 20
days from the date of City Commission action at the above hearing (including the method of
apportionment, the rate of assessment and the imposition of assessments), such action shall be
the final adjudication of the issues presented.
Copies of the Solid Waste Service Assessment Ordinance, the lnitial Assessment Resolution and
the preliminary assessment roll are available for inspection at the City Clerk's office in the
Municipal Building, located at 100 West Dania Beach Boulevard, Dania, Florida.
lf there is a mistake on this notice, it will be corrected. lf you have any questions regarding your
solid waste service assessment, 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. lf you have a correctlon, please fill out the enclosed correction request card and
return it to the City immediately.
- - - - - THIS IS NOTA BILL - -' " -
B-2
Both the solid waste service non-ad valorem assessment amount shown on this notice and the
ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in
November. Failure to pay the assessments will cause a tax certificate to be issued against the
property which may result in a loss of title.
CITY OF DANIA, FLORIDA
INITIAL ASSESSMENT RESOLUTION
ADOPTED JULY 9, 1996
TABLE OF CONTENTS
AUTHORITY. .
PURPOSE AND DEFINITIONS.
LEGISLATIVE DETERMINATIONS OF SPECIAL
BENEFIT AND FAIR APPORTIONMENT.
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
ASSESSMENT ROLL
AUTHORIZATION OF PUBLIC HEARING. . . . . .
NOTICE BY PUBLICATION
NOTICE BY MAIL.
EFFECTIVE DATE.
FORM OF NOTICE TO BE PUBLISHED. .
FORM OF NOTICE TO BE MAILED. . . . .
Page
SECTION 1.
SECTION 2.
SECTION 3,
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
APPENDIX A.
APPENDIX B.
2
2
3
4
5
7
7
7
8
A-1
B-1