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HomeMy WebLinkAboutR-1998-099 _-1 i i I CITY OF DANIA, FLORIDA i RESOLUTION NO. 99-98 SUPPLEMENTAL SOLID WASTE SERVICE ASSESSMENT RESOLUTION i ADOPTED JUNE 23, 1998 TABLE OF CONTENTS y41 Page SECTION 1. AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SECTION 2. DEFINITIONS AND INTERPRETATION. . . . . . . . . . . . . . . . . . . . 4 SECTION 3. SOLID WASTE SERVICE ASSESSMENTS. . . . . . . . . . . . . . . . . 4 SECTION 4. PULTE HOME CORPORATION PROPERTIES. . . . . . . . . . . . . . 6 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. . . . . . . . . . . . . . . . . 7 SECTION 6. SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 I SECTION 7. CONFLICTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION 8. EFFECTIVE DATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 i APPENDIX A: FORM OF SOLID WASTE SERVICE ASSESSMENT BILL i } i I A I " 1 CITY OF DANIA, FLORIDA RESOLUTION NO. 99.98 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DANIA, FLORIDA; CONFIRMING THE IMPOSITION OF SOLID WASTE SERVICE ASSESSMENTS AGAINST PARCELS OF PROPERTY LOCATED WITHIN THE CITY OF DANIA WHICH WERE EITHER OMITTED FROM THE ASSESSMENT ROLL OR NOT LISTED ON THE TAX ROLL AS OF THE EFFECTIVE DATE OF THE ASSESSMENT ROLL; APPROVING A SUPPLEMENTAL ASSESSMENT ROLL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania, 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, and programs against Assessed Property located within the City; WHEREAS, the imposition of a Solid Waste Service Assessment for solid waste collection and disposal services, facilities, and programs each Fiscal Year is an equitable and efficient method of allocating and apportioning Solid Waste Costs among parcels of Assessed Property; WHEREAS, the City Commission initiated a solid waste service assessment program within a portion of the City using the tax bill collection method for the Fiscal Year beginning on October 1, 1996; WHEREAS, the City Commission, on July 9, 1996, adopted Resolution No. 64- 96 (the 'Initial Assessment Resolution"), containing a brief and general description of the solid waste collection and disposal facilities and services to be provided to 1 Assessed Property, describing the method of apportioning the Solid Waste Service Assessed Cost to compute the Solid Waste Service Assessment for solid waste collection and disposal services, facilities, and programs against Assessed Property, estimating a rate of assessment, and directing preparation of the Assessment Roll and provision of the notice required by the Ordinance; WHEREAS, the City Commission, on August 13, 1996, adopted Resolution No. 71-96 (the "Final Assessment Resolution") which established a rate of assessment and i imposed Solid Waste Service Assessments against assessed property located within a portion of the City of Dania for the Fiscal Year beginning October 1, 1996; WHEREAS, the City Commission, on July 22, 1997, adopted Resolution No. 108-97 estimating the assessment rate for Solid Waste Service Assessments against assessed property located within a portion of the City of Dania for the Fiscal Year beginning October 1, 1997, directing the preparation of an Assessment Roll, authorizing a public hearing and notice thereof; WHEREAS, the City Commission, on September 11, 1997, adopted Resolution No. 131-97 reimposing Solid Waste Service Assessments against assessed property located within a portion of the City of Dania for the Fiscal Year beginning October 1, 1997, approving the assessment rate, and approving the Assessment Roll; WHEREAS, Section 2.12 of the Ordinance provides that when it shall appear that any Solid Waste Service Assessment should have been imposed under the Ordinance against a parcel of property specially benefited by the provision of solid f waste collection and disposal services, facilities, or programs, but that such property was omitted from the Assessment Roll or was not listed on the Tax Roll as an individual 2 RESOLUTION NO. 99-98 parcel of property as of the effective date of the Assessment Roll approved by the 1 Annual Rate Resolution for any upcoming Fiscal Year, the City Commission may impose the applicable Solid Waste Service Assessment for the Fiscal Year in which such error is discovered; WHEREAS, Section 2.13 of the Ordinance provides that an interim Solid Waste Service Assessment shall be imposed against all property for which a Certificate of Occupancy is issued after adoption of an Annual Assessment Resolution and that the �i issuance of a Certificate of Occupancy by mistake or inadvertence, without the payment 1 in full of the interim Solid Waste Service Assessment, shall not relieve the Owner of such property of the obligation of full payment; WHEREAS, those parcels of property which were either (1) omitted from the Assessment Roll, (2) not listed on the Tax Roll as of the effective date of the Assessment Roll, or (3) subject to the issuance of a Certificate of Occupancy during either or both the Fiscal Years beginning October 1, 1996 and October 1, 1997 have i been identified, included on a supplemental Assessment Roll, and sent a bill in substantially the form attached as Appendix A hereto. WHEREAS, a public hearing was held on June 23, 1998, and comments and objections of all interested persons have been heard and considered; and WHEREAS, the City Commission has considered the comments and objections of Owners of certain property for which a Certificate of Occupancy was issued prior to purchase from Pulte Home Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: 3 RESOLUTION NO. 99-98 A SECTION 1. AUTHORITY. This Resolution is adopted pursuant to Ordinance No. 10 -96, Resolution No. 63-96, Resolution No. 72-96, Resolution No. 108-97 as amended by Resolution No. 111-97, Resolution No. 131-97, sections 166.021 and i 166.041, Florida Statutes, and other applicable provisions of law. i SECTION 2. DEFINITIONS AND INTERPRETATION. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. SECTION 3. SOLID WASTE SERVICE ASSESSMENTS. (A) The parcels of Assessed Property described in the supplemental Assessment Roll, which is hereby approved, are hereby found to be, or have been, specially benefited by the provision of the Solid Waste collection and disposal services, facilities, and programs described in the Initial Assessment Resolution, in the amount of the Solid Waste Service Assessment set forth in the supplemental Assessment Roll, a copy of which was present or available for inspection at the above referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined and declared that each parcel of Assessed Property shown on the supplemental Assessment Roll is, or was, 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 for such parcel, computed in the manner set forth in the Ordinance and Initial Assessment Resolution for the applicable Fiscal Year. Adoption of this Resolution constitutes a legislative determination that all such parcels assessed derive a special benefit, as set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution, from the Solid Waste collection and disposal 4 RESOLUTION NO. 99-98 services, facilities, or programs provided and a legislative determination that the Solid Waste Service Assessments are fairly and reasonably apportioned among the properties that receive such special benefit. (B) As authorized in Section 2.12 of the Ordinance, Solid Waste Service Assessments are levied and imposed for the Fiscal Years beginning October 1, 1996 or October 1, 1997 against all property which was either omitted from the Assessment Roll or not listed on the Tax Roll as of the effective date of the Assessment Roll. (C) As authorized in Section 2.13 of the Ordinance, interim Solid Waste Service Assessments are also levied and imposed on a pro rata basis for the Fiscal Years beginning October 1, 1996 or October 1, 1997 against all property for which a Certificate of Occupancy is issued after the commencement of the respective Fiscal Year based upon the rates of assessment approved herein. (D) For convenience and administrative ease, any supplemental bill or notice required by the Ordinance may be combined with any other similar supplemental bill or notice being sent by the City to an affected landowner. The format and substance of the applicable supplemental bill or notice in Appendix A hereto is hereby ratified and confirmed. (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. 5 RESOLUTION NO. 99-98 4 S (F) The supplemental Assessment Roll as herein approved, together with the correction of any errors or omissions as provided for in the Ordinance, shall be collected using the alternative method of collection described in Section 3.02 of the Ordinance with any delinquencies to be collected pursuant to Section 3.02(E) of the Ordinance. Upon the request of an Owner, the City Clerk is directed and authorized to alternatively allow such Owner to pay the Solid Waste Service Assessment levied by this resolution in equal quarterly installments together with an administrative fee of $20 to recover the costs of collection and administration of such installment payment plan. The Owner of a Tax Parcel electing to use the installment payment plan which is also subject to a similar supplemental assessment for either stormwater management or fire rescue services or both, shall only be obligated to pay a single administrative fee for each Tax Parcel. Unless otherwise directed by the City Commission, any delinquencies resulting from such installment option shall be collected pursuant to Section 3.02(E) of the Ordinance. SECTION 4. PULTE HOME CORPORATION PROPERTIES. (A) The City Commission has ascertained and determined that Owners of certain property purchased from Pulte Home Corporation and which were added to the Assessment Roll and are subject to interim Solid Waste Service Assessments to be levied and imposed on a pro rata basis for the Fiscal Years beginning October 1, 1996 and October 1, 1997 may not have been properly addressed at closing on such parcels and that a portion of such interim Solid Waste Service Assessments should be collected from the original owner, Pulte Home Corporation. 6 RESOLUTION NO. 99-98 (B) The Owners of such properties are hereby granted an extension for payment of these interim Solid Waste Service Assessments from July 1, 1998 to July 25, 1998. The Owners of these properties will be provided notice, by U.S. Mail, and given instructions on the manner and procedure for timely seeking a recalculation i of interim Solid Waste Service Assessments. (C) After recalculation of these interim Solid Waste Service Assessments, the City Attorney and City Clerk are directed and authorized to seek reimbursement from Pulte Home Corporation for its pro rata portion of all interim Solid Waste Service i Assessments due on these properties. (D) Owners timely seeking a recalculation of interim Solid Waste Service 9 Assessments will remain eligible to select the quarterly installment option. SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this 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 any supplement thereto) and the levy and lien of the Solid Waste Service Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Resolution. SECTION 6. SEVERABILITY. 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 effecting the validity of the other provisions of this Resolution. 7 RESOLUTION NO. 99-98 SECTION 7. CONFLICTS. That this Resolution or parts of resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. �i SECTION 8. EFFECTIVE DATE. This Supplemental Solid Waste Service Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City Commission of the City of Dania, Florida this 231° day of June, 1998. JIM CALI, MAYOR APPROVED AS TO FORM: T OMAS A SBRO, CITY ATTORNEY I ATT T: �1 . ARIE J. JAB LEE, CITY CLERK 8 RESOLUTION NO. 99-98 � J i APPENDIX A FORM OF SOLID WASTE SERVICE ASSESSMENT BILL I j i 1 —Bill for Fire Rescue, Storrtwater and Solid Waste Services Assessment" City of Dania 100 West Dania Beach Boulevard CITY OF DANIA, FLORIDA Dania, Florida 33004 BILL DATE: June 2, 1998 1 Sequence# asequence» Tax Parcel# ataxlD» Legal Description: alegalla trownerl a caddress1r «address2a In July 1996, the City Commission of the City of Dania imposed annual assessments for fire rescue, stormwater and solid waste services for the Fiscal Year October 1, 1996- September 30, 1997 and annually thereafter. The purpose of these assessments is to fund fire rescue,stormwater and solid waste services benefiting improved property located within Dania. The annual assessments are based on the dassification of each parcel of property and number of billing units contained therein. The above parcel was either (1) omitted from the Assessment Rolls for fire rescue, stormwater and solid waste services, (2) not listed on the Tax Roll as of the effective date of the Assessment Rolls or(3)subject to the issuance of a Certificate of Occupancy after October 1, 1996. The following table shows the above parcel's classification, number of billing units and amounts due for the fire rescue, stormwater and solid waste assessments for Fiscal Years 1996-97 and 1997-98. Classification Number of Billing Units FY 1996.97 FY 1997.98 FY 1998.99 Fire Rescue aunitsn dwelling units aSumofcoFir aSumOffireAs aM_98firen eAssess» sessa «category» Stonnwater aSumOfesu»esu' aSumOfcoSto aSumOfstortn aM 98starmu rmAssessz Assess)) Solid Waste aSumOfgarbageUnits» N/A aSumOfgarba N/A dwelling units geAssessn uivalent stormwater unfte The total amount due for the above parcel is ffSumOftotAmtDuey. A public hearing will be held at 7:30 p.m. on June 23, 1998, in the City Commission Room of City Hall, 100 West Dania Beach Boulevard, Dania, Florida for the purpose of confirming the assessments on omitted or subsequently improved parcels. 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 bill. If 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. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Office of Equal Opportunity at (954) 921-8700 extension 202 at least two business days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing (including the determination of special benefit and fair apportionment to property, the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. The annual assessments are due and payable on July 1, 1998 and will become delinquent 30 days later. The assessments constitute a lien against the above property equal in rank and dignity with the liens of all state, county,district and municipal taxes and special assessments for the current year. Failure to pay the assessment may cause these assessments to be placed on your November 1998 property tax bill or cause the institution of foreclosure proceedings,either of which may result in a loss of title. Copies of the authorizing assessment ordinances and the implementing resolutions are available for inspection at the City Clerk's office in the Municipal Building,located at 100 West Dania Beach Boulevard, Dania, Florida. If there is a mistake on this bill, it will be corrected. If you have any questions regarding your assessments, please contact the City at 1954)921-8700 extension 205,Monday through Friday, between 9:00 a.m.and 5:00 p.m. EASE RETURN THIS PORTION WITH YOUR PAYMENT Remit to: City of Dania Sequence# «sequence» Amount Due: aSumOftotAmtDue» Tax Parcel # ataxlD» Due Date: July 1, 1998 �. i �. I � . is , . � ; � ' i , . �, � w�- . ,� �s . .