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HomeMy WebLinkAboutR-1997-132 STORMWATER PROGRAM CITY OF DANIA, FLORIDA RESOLUTION NO. 132-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES IN THE CITY OF DANIA, FLORIDA; REIMPOSING STORMWATER ASSESSMENTS AGAINST DEVELOPED PROPERTY LOCATED WITHIN THE CITY OF DANIA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of Dania, Florida, has enacted Ordinance No. 13-96 (the "Stormwater Utility Ordinance"), which authorizes the imposition of Stormwater Assessments for Stormwater Management Services against Developed Property located within the City; WHEREAS, the reimposition of a Stormwater Assessment for Stormwater Management Services each fiscal year is an equitable and efficient method of allocating and apportioning Stormwater Service Costs among parcels of Developed Property; WHEREAS, the City Commission desires to reimpose a stormwater assessment program within the City using the tax bill collection method for the Fiscal Year beginning on October 1, 1997; WHEREAS, the City Commission has adopted Resolution No. 107-97, as amended by Resolution No. 112-97 (the "Preliminary Rate Resolution"), containing and referencing - a brief and general description of the Stormwater Management Services to be provided to STORMWATER PROGRAM Developed Property, describing the method of apportioning the Stormwater Service Cost for Stormwater Management Services against Developed Property, estimating a rate of assessment, and directing the updating and preparation of the Stormwater Assessment Roll for the upcoming Fiscal Year and provision of the notice required by the Stormwater Utility Ordinance; WHEREAS, in order to reimpose Stormwater Assessments for the Fiscal Year beginning October 1, 1997, the Stormwater Utility Ordinance requires the City Commission to adopt an Annual Stormwater Assessment Resolution, during its budget adoption process for each Fiscal Year, which establishes the rate of assessment and approves the Stormwater Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties; WHEREAS, the updated Stormwater Assessment Roll has heretofore been made available for inspection by the public, as required by the Stormwater Utility Ordinance; WHEREAS, notice of a public hearing has been published and mailed, as required by the terms of the Stormwater Utility Ordinance, which provides notice to all interested persons of an opportunity to be heard; an affidavit regarding the form of notice mailed being attached hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and 2 I • e STORMWATER PROGRAM i WHEREAS, a public hearing was held on September 11, 1997, and comments and a objections of all interested persons have been heard and considered as required by the terms of the Stormwater Utility Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Stormwater Utility Ordinance, the Preliminary Rate Resolution, sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. This Resolution constitutes the Annual Stormwater Assessment Resolution as defined in the Stormwater Utility Ordinance. All capitalized terms in this Resolution shall have the meanings defined in such Ordinance No. 13-96, the Initial Assessment Resolution (Resolution No. 73-96), the Final Stormwater Assessment Resolution (Resolution No. 86-96, as amended and supplemented by Resolution No. 103-96 and Resolution No. 116-96) and the Preliminary Rate Resolution (Resolution No. 107-97, as amended by Resolution No. 112-97). SECTION 3. REIMPOSITION OF STORMWATER ASSESSMENTS. (A) The tax parcels of Developed Property described in the Stormwater Assessment Roll, as updated, which is hereby approved, are hereby found to be specially benefited by the provision of the Stormwater Management Services described or referenced in the Preliminary Rate Resolution, in the amount of the Stormwater Assessment set forth in the updated Stormwater Assessment Roll, a copy of which was 3 STORMWATER PROGRAM present or available for inspection at the above referenced public hearing and is incorporated herein by reference. It is hereby found and determined that (1) the estimated revenue to be derived from the imposition of Stormwater Assessments at the rate of $20.00 per ESU, and (2) the amount to be transferred to the Stormwater Utility Fund in lieu of Stormwater Assessments against Tax-Exempt Institutional Property, does not exceed the budgeted Stormwater Service Cost. Stormwater Assessments in the amounts set forth in the Stormwater Assessment Roll (based upon the rate of$20.00 per ESU), are hereby levied and reimposed on all tax parcels described in the Stormwater Assessment Roll. Adoption of this Annual Stormwater Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit in a manner consistent with the legislative declarations, determinations and findings as set forth in the Stormwater Utility Ordinance, the Initial Assessment Resolution, the Final Stormwater Assessment Resolution, and the Preliminary Rate Resolution, from the Stormwater Management Services to be provided and a legislative determination that the Stormwater Assessments are fairly and reasonably apportioned among the properties that receive the special benefit as set forth in the Preliminary Rate Resolution. (B) The method for computing Stormwater Assessments described or referenced in the Preliminary Rate Resolution, inclusive of the Mitigation Credit Policy adopted in Resolution No. 116-96, is hereby approved. 4 I STORMWATER PROGRAM (C) No Stormwater Assessment shall be imposed upon a parcel of Institutional Property whose use is wholly exempt from ad valorem taxation under Florida law. Any shortfall in the expected Stormwater Assessment proceeds due to any reduction or exemption from payment of the Stormwater Assessments required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Stormwater Assessments. (D) Based upon the rates of assessment approved herein, an interim Stormwater Assessment shall be imposed against all property for which a Certificate of Occupancy is issued after adoption of the Annual Stormwater Assessment Resolution. The amount of the interim Stormwater Assessment shall be calculated upon a monthly rate, which shall be one-twelfth of the annual rate for such property computed in accordance with the Annual Stormwater Assessment Resolution for the Fiscal Year in which the Certificate of Occupancy is issued. Such monthly rate shall be imposed for each full calendar month remaining in the Fiscal Year. In addition to the monthly rate, the interim Stormwater Assessment shall also include an estimate of the subsequent Fiscal Year's Stormwater Assessment. No Certificate of Occupancy shall be issued until full payment of the interim Stormwater Assessment is received by the City. Issuance of the Certificate of Occupancy by mistake or inadvertence, and without the payment in full of the interim Stormwater Assessment, shall not relieve the owner of such property of the obligation of full payment. 5 STORMWATER PROGRAM For the purpose of this provision, such interim Stormwater Assessment shall be deemed due and payable on the date the Certificate of Occupancy was issued and shall constitute a lien against such property as of that date. Said lien shall be equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the real property involved and shall be deemed perfected upon the issuance of the Certificate of Occupancy. (E) Stormwater Assessments shall constitute a lien upon the Developed 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. (F) The Stormwater Assessment Roll, as herein approved, together with the correction of any errors or omissions as provided for in the Stormwater Utility Ordinance, shall be delivered to the Tax Collector for collection using the tax bill collection method in the manner prescribed by the Stormwater Utility Ordinance. SECTION 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION. The Preliminary Rate Resolution is hereby confirmed. SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Annual Stormwater Assessment Resolution shall be the final adjudication of the issues l presented (including, but not limited to, the determination of special benefit and fair 6 N STORMWATER PROGRAM apportionment to the Developed Property, the method of apportionment and assessment, the rate of assessment, 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 Annual Stormwater r Assessment Resolution. SECTION 6. EFFECTIVE DATE. This Annual Stormwater Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 11th day of September, 1997. I�OBERT MIKES MAYOR - COMMIS IONER ATTEST: ARIE J. JABALEE CITY CLERK-AUDITOR 7 APP D AS T ORM AND CORRECTNESS FRAN C. ADLER, CITY TTORNEY 40 7 RESOLUTION NO. 132-97 APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS u 1 I AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Marie J. Jabalee, Camille S. Gianatasio, and Kevin Butler, who, after being duly sworn, depose and say: 1. Marie J. Jabalee as City Clerk of the City of Dania, Florida ("City"), pursuant to that certain professional services agreement involving Government Services Group, Inc. ("GSG') adopted by the City Commission on May 27, 1997, and the authority and direction received from the City Commission, timely directed the preparation of the Stormwater Assessment Roll and the preparation, mailing, and publication of notices in accordance with Sections 3.03, 3.04, 3.05 and 3.07 of the Stormwater Utility Ordinance adopted by the City Commission on August 13, 1996 (the "Stormwater Utility Ordinance") in conformance with Resolution No. 107-97, as amended by Resolution No. 112-97, adopted by the City Commission on July 22, 1997 and August 12, 1997 (the "Preliminary Rate Resolution"). 2. Camille S. Gianatasio is Vice President of GSG. GSG has caused the notices required by Sections 3.05 and 3.07 of the Stormwater Utility Ordinance to be prepared in conformance with the Preliminary Rate 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 total amount proposed to be levied against each parcel; 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; a A-1 i 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. On or before August 21, 1997, GSG delivered and directed the mailing of the above-referenced notices by Mail Master of Tallahassee, Inc. ("Mail Master"), in accordance with Sections 3.05 and 3.07 of the Stormwater Utility Ordinance by First Class Mail, to each Owner of Developed Property (as defined in the Stormwater Utility Ordinance) shown on the updated Stormwater Assessment Roll, prepared in accordance with the Preliminary Rate Resolution, 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. Notices to property owners receiving multiple individual notices were mailed, or caused to be mailed by GSG on or before August 21, 1997. 4. Kevin Butler is President of Mail Master. As directed above, Mail Master, mailed or caused to be mailed on or before August 21, 1997, the above-referenced notices delivered to Mail Master by GSG. FURTHER AFFIANTS SAYETH NOT. Marie J. Ja alee, affiant (z 4m�eS. ,Gian a ' , a i n Kevin Butler, a iant A-2 STATE OF FLORIDA COUNTY OF BROWARD The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of September, 1997 by Marie J. Jabalee, City Clerk, City of Dania, Florida. —23S. is personally known to me or has produced _ as identification and did take an oath. v �L Q • �NQ Qp� {LA Uhl 2t (r' Printed Name:c jA�QL6n/2�K• Sac7A4gA1A�`��� Notary Public, State of Florida At Large My Commission Expires: Commission CWLENE K.SAIJAUWAC HIA STATE OF FLORIDA N 07Puouc-State ofHoida My Commission Eons Aug 12 2gD1 COUNTY OF LEON commission*CC660575 E The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of September, 1997 by Camille S. Gianatasio, Government Services Group, Inc., a Florida limited corporation. She is p rsonally known t me or has produced as identification and did take oath. Printed a e: Ida L Ma/4mF- Notary Public, State of Florida At Large My Commission Eye Malo ne Commission No.: ,` �.' ` MY COMMISSION 0 MM115 EXPIRES =;r��_'�.�-.--_ STATE OF FLORIDA '2;,q;;;p�° BONDED TWYMN INSAWa,INC. COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of September, 1997 b=rsonallyukno�' resident, Mail Master of Tallahassee, Inc., a Florida corporation. He isto me or has produced as identification and did take an oath. Printed me: Maltnj. Notary Public, State of Florida At Large My Commission Expf' ' Ida L.Malone r MY COMMISSION 0 00590115 EXPIRES Commission No.: ,€ nefnhxr,,2000 '•;pr;�,y4' BONDED 71DIU TROY FAR INSURMCE,INC . A-3 x APPENDIX B PROOF OF PUBLICATION i STORMWATER PROGRAM CITY OF DANIA, FLORIDA ANNUAL STORMWATER ASSESSMENT RESOLUTION FOR FISCAL YEAR BEGINNING OCTOBER 1, 1997 ADOPTED SEPTEMBER 11, 1997 STORMWATER PROGRAM TABLE OF CONTENTS Page SECTION 1. AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION 2. DEFINITIONS AND INTERPRETATION. . . . . . . . . . . . . . . . . . . 3 SECTION 3. REIMPOSITION OF STORMWATER ASSESSMENTS. . . . . . . . 3 SECTION 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION. . . . . 5 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. . . . . . . . . . . . . . . . . 5 SECTION 6. EFFECTIVE DATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1 APPENDIX B: PROOF OF PUBLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1 i i �' ,� _.. . �