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Home My WebLink AboutR-1998-098 i CITY OF DANIA, FLORIDA RESOLUTION NO. 98-98 SUPPLEMENTAL STORMWATER MANAGEMENT ASSESSMENT RESOLUTION } ADOPTED JUNE 23, 1998 i i i TABLE OF CONTENTS Page SECTION 1. AUTHORITY. 3 SECTION 2, DEFINITIONS AND INTERPRETATION. 4 SECTION 3. STORMWATER ASSESSMENTS. 4 SECTION 4. EFFECT OF ADOPTION OF RESOLUTION. 7 SECTION 5. SEVERABILITY. 7 SECTION 6. CONFLICTS. 7 SECTION 7. EFFECTIVE DATE. 7 APPENDIX A: FORM OF STORMWATER MANAGEMENT ASSESSMENT BILL APPENDIX B. LEGAL DESCRIPTION/LOCATION MAP OF PARCEL "A" BANYAN OAKRIDGE COMMERCIAL PLAT AND SURVEY l RESOLUTION NO. 98-98 7 _yl CITY OF DANIA, FLORIDA RESOLUTION NO. 98-98 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DANIA, FLORIDA; CONFIRMING THE IMPOSITION OF STORMWATER ASSESSMENTS AGAINST PARCELS OF PROPERTY LOCATED WITHIN THE CITY OF DANIA WHICH WERE I 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. 13-96 (the "Ordinance"), which authorizes the imposition of Stormwater Assessments for stormwater management services, facilities, and programs against Assessed Property located within the City; WHEREAS, the imposition of a Stormwater Assessment for stormwater I management services, facilities, and programs each Fiscal Year is an equitable and efficient method of allocating and apportioning Stormwater Service Costs among parcels of Assessed Property; 11 WHEREAS, the City Commission initiated a stormwater assessment program within the City using the tax bill collection method for the Fiscal Year beginning on October 1, 1996; 1 WHEREAS, the City Commission, on August 13, 1996, adopted Resolution No. 73-96 (the 'Initial Stormwater Assessment Resolution"), estimating the Stormwater I 1 RESOLUTION NO. 98-98 Service Cost, describing the method of assessing costs of stormwater management services against benefited property located within the City of Dania, directing preparation of the Stormwater Assessment Roll, authorizing a public hearing and directing provision of the notice thereof; WHEREAS, the City Commission, on September 10, 1996, adopted Resolution No. 86-96, as amended by Resolution No. 103-96 and supplemented by Resolution No. 116-96 (the "Final Stormwater Assessment Resolution") establishing and imposing Stormwater Assessments against benefited property located in the City of Dania, providing for collection of assessments on the Tax Roll, and approving the Stormwater Assessment Roll; WHEREAS, the City Commission, on July 22, 1997, adopted Resolution No. 107-97, initiating the annual process for updating the Stormwater Assessment Roll and directing the reimposition of Stormwater Assessments for the Fiscal Year beginning I October 1, 1997; i WHEREAS, the City Commission, on September 11, 1997, adopted Resolution No. 132-97, reimposing Stormwater Assessments against developed property located within the City of Dania, approving the rate of assessment, and approving the Stormwater Assessment Roll for the Fiscal Year beginning October 1, 1997; WHEREAS, Section 3.12 of the Ordinance provides that no act or error of omission on the part of the City Commission, City Manager, Property Appraiser, Tax Collector, or their respective deputies, employees or designees, shall operate to release or discharge any obligation for payment for any Stormwater Assessment imposed by the City Commission; 2 RESOLUTION NO. 98-98 WHEREAS, those parcels of property which were either (1) omitted from the Stormwater Assessment Roll, (2) not listed on the Tax Roll as of the effective date of the Stormwater 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 been identified, included on a supplemental Stormwater 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 I 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: SECTION 1. AUTHORITY. (A) Pursuant to Article Vill, section 2(b), Florida Constitution, and sections 166.021 and 166.041, Florida Statutes, the City Commission has all powers of local self-government to perform municipal functions and to render municipal services except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of City ordinances. (B) The City Commission may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the City Commission may legislate on any subject matter on which the Florida j 3 RESOLUTION N0. 98-98 Legislature may act, except those subjects described in (a), (b), (c), and (d) of section 166.021(3), Florida Statutes. The subject matter of paragraphs (a), (b), (c), and (d) of section 166.021(3), Florida Statutes, are not relevant to Stormwater Assessments I imposed to fund Stormwater Management Services within the City. (C) This Resolution is adopted pursuant to Ordinance No. 13-96, sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance, the Initial Stormwater Assessment Resolution and the Final Stormwater Assessment Resolution. SECTION 3. STORMWATER ASSESSMENTS. (A) The parcels of Assessed Property described in the supplemental Stormwater Assessment Roll, which is hereby approved, are hereby found to be, or have been, specially benefited by the provision of the Stormwater Management Services, facilities, and programs described in the Initial Stormwater Assessment Resolution, in the amount of the Stormwater Assessment set forth in the supplemental Stormwater 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 Stormwater Assessment Roll is or was benefited by the City's provision of Stormwater Management Services, facilities, and programs in an amount not less than the Stormwater Assessment for such parcel, computed in the manner set forth in the Ordinance and Initial Stormwater Assessment Resolution for the applicable Fiscal Year. Adoption of this Resolution constitutes a legislative 4 RESOLUTION NO. 98-98 1 determination that all such parcels assessed derive a special benefit, as set forth in the Ordinance, the Initial Stormwater Assessment Resolution, the Final Stormwater Assessment Resolution, and any subsequent preliminary rate resolution or annual rate resolution from the Stormwater Management Services, facilities, or programs to be provided and a legislative determination that the Stormwater Assessments are fairly and reasonably apportioned among the properties that receive such special benefit. (B) In conformance with Section 3.12 of the Ordinance, Stormwater Assessments are hereby levied and imposed for the Fiscal Years beginning October 1, 1996 or October 1, 1997 against all property which was either omitted from the Stormwater Assessment Roll or not listed on the Tax Roll as of the effective date of the Stormwater Assessment Roll. (C) In conformance with Section 3.12 of the Ordinance, interim Stormwater Assessments are hereby 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) 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 6 RESOLUTION NO. 98-98 4 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. (F) The supplemental Stormwater 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 4.02 of the Ordinance with any delinquencies to be collected pursuant to Section 4.02(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 Stormwater 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 fire rescue services or solid waste 1 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 4.02(E) of the Ordinance. SECTION 4. PULTE HOME CORPORATION PROPERTIES. The City Commission has ascertained and determined that the properties within a portion of Parcel "A" of the Banyan Oakridge Commercial Plat, more particularly described and attached as APPENDIX B hereto, use a self-contained stormwater system. These properties will be removed from the Stormwater Assessment Roll for the collection of any Stormwater Assessments. 6 RESOLUTION NO. 98-98 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 i i property, the method of apportionment and assessment, the rate of assessment, the Stormwater Assessment Roll (and any supplement thereto) 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 Resolution. I 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. 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. SECTION 8. EFFECTIVE DATE, This Supplemental Stormwater Management 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 231d day of June, 1998. MAYOR JAMES J. CALI APPROVED AS TO FORM: TFYOmAs ANSIBRO, CITY ATTORNEY MARIE J. JAEfALEE, CITY CLERK 7 RESOLUTION NO. 98-98 I 1 !I APPENDIX A FORM OF STORMWATER ASSESSMENT BILL i r "*Bill for Fire Rescue and Stormwater Services Assessments"" City of Dania 100 West Dania Beach Boulevard CITY OF DANIA. FLORIDA Dania, Florida 33004 BILL DATE: June 2, 1998 Sequence# ((sequence))B-4 Tax Parcel# ataxlD)) Legal Description: degatlu eownerl s «addressla aaddress2a 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 classification 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 and stormwater 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 and stor m water assessments. Classification Number of Bllling Units Amount Due Fire Rescue «thi$YearsCategoryu «units»dwelling unil(s) «fireAssess» Stormwater N/A N/A esu' astormAssessn *"equivalent stormwater units' �ho total amount due for the above parcel is atotAmtDuam. 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 (954)921-8700 extension 205,Monday through Friday, between 9:00 a.m. and 5:00 p.m. i PLEASE RETURN THIS PORTION WITH YOUR PAYMENT _)emit to: City of Dania Sequence# «sequence»B-4 Amount Due: ((totAmtDue)) Tax Parcel# ((taXID)) Due Date: July 1, 1998 I i "'Bill for Fire Rescue, Stormwater 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# «sequence» Tax Parcel# ((taxID)) Legal Description: «legall» «owned s aaddress1s aaddress2s 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 classification 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 199&97 FY 1997.98 FY 1998.99 Fire Rescue «units»dwelling units aSumOfcoFir aSumOffireAs aM 98firen eAssess)) sess)) «Category» Stormwater aSumOfesun esu' asum0fcosto aSumOfstorrn ((M 98storm)) rmAssessn Assess)) Solid Waste ((SumofgarbageUnits)) N/A aSumOfgarba N/A dwelling units geAssess)) quivalent stormwater units" The total amount due for the above parcel is RSumOftotAmtDues. A public hearing will be held at 7:30 p.m. on June 23, 1998, in the City Commission Room of City Halt, 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 (954)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# asequence)) Amount Due: ((SumOftotAmtDue)) Tax Parcel# ataxiD)> Due Date: July 1, 1998 1 " Bill for Fire Rescue and Stormwater Services Assessments"` City of Dania 100 West Dania Beach Boulevard CITY OF DANI A Dania, Florida 33004 BILL DATE: June 2 1998 Sequence# «sequ ence»C-5 Tax Parcel#See Attached Legal Description: «legal» «owned• 4(address1>, aaddress2• 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 classification of each parcel of property and number of billing units contained therein. Although the above parcel is Government Property, the City has only exempted from charge Government Property which is classified as used for institutional purposes. The following table shows the above parcel's classification, number of billing units and amount due for both the fire rescue and solid waste assessment. ClassHication Number of Billing Units EAmount Due Fire Rescue Assessment «classification» «units» OttotalAssess Stornwater Assessment See Attached esu• gaSumOtStormAsses s» `"equivalent stormwater units" The total amount due for the above parcel Is Satot4mtDUer. 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`ee�dinga s 8700 ial accommodation or an interpreter to participate in this proceeding should contact the Office of Equal Opportunity ( 4) 9 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. Failure to pay the assessments may cause the City to initiate a mandamus or other appropriate judicial action to compel payment. All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any mandamus or other action are expected to be included in any judgment or decree rendered therein. All delinquent owners of Government Property against which a mandamus or other appropriate action is filed may be liable for an apportioned amount of reasonable costs and expenses incurred by the City, including reasonable attorney fees, in collection of such delinquent fire rescue assessments and any other costs incurred by the City as a result of such delinquent special assessments and the same are expected to be collectible as a part of or in addition to,the costs of the action. 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 (954)921-8700 extension 205, Monday through Friday,between 9:00 a.m.and 5:00 p.m. PLEASE RETURN THIS PORTION WITH YOUR PAYMENT Remit to: City of Dania Sequence# «sequence»C-5 Amount Due: $«totAmtDue» Tax Parcel#See Attached Due Date: July 1, 1998 'ems i I APPENDIX B LEGAL DESCRIPTION/LOCATION MAP OF PARCEL "A" BANYAN OAKRIDGE COMMERICAL PLAT AND SURVEY OF DEVELOPMENT I I i 8 RESOLUTION NO. 98-98 3 a GRIFFIN ROAD IV Is w , 4 I t t I � 3 Lil I cc 5 Lei Ln I ¢ m I m I+I I '„� ADO c• cr_ L LI cc C- LOCATION MAP NOT TO SCALE LAND DESCRIPTION: All of Parcel 'A', BANYAN OAKAIDGE COMMERCIAL PLAT according to the Plat thereof as recorded In Plat Book 157 at Page 3 of the Public Records of Broward County, Florida, less therefrom the following described parcel: BEGIN at the most Easterly Northeast corner of said Parcel 'A' (said point also being on the Westerly Right-of-Nay Ilne of Southwest 31st Avenue); THENCE South 00'18'53' West along the East line of said Parcel 'A' and said West , Right-of-Way line, a distance of 341. 62 feet; THENCE North 87'30'47' West, a distance of 562. 36 feet; THENCE North 00'02'48' East, a distance of 346.07 feet to a point on the North line of said Parcel 'A'; THENCE along said North line the following seven (7) courses and distances; i. North 00109'23' West, radial to the next described curve concave to the North, a distance of 12.00 feet; 2. Easterly along the arc of said curve having a radius of 7055. 00 feet, a delta of 01'28'37' and an arc distance of 181. 85 feet; ' 3. North 88'21'56' East, a distance of 74. 14 feet; 4. South 77'44'54' East, a distance of 50. 00 feet; 5. North 88'21'56' East, a distance of 68.29 feet; 6. South 87130'47' East, a distance of 161. 71 feet; 7. South 43'35'37' East, a distance of 41. 61 feet to the POINT OF BEGINNING; Said lands lying in the City of Dania, Broward County, Florida, and containing 1.051, 376 square feet (24. t363 acres) more or less. IIY 111MYW win"nlYll 01igm11 iclw.rM 'Dom" io lnnr <m .. uin�na��(uac� iin`uroemip►rn�ppun OvOU !3Av ME AS) AO093dS t. £r i- r ! 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