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HomeMy WebLinkAboutR-1997-131 SOLID WASTE PROGRAM CITY OF DANIA, FLORIDA RESOLUTION NO. 111-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE SERVICE ASSESSMENTS IN THE CITY OF DANIA, FLORIDA; REIMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA OF 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. 09-96 (the "Ordinance"), which authorizes the imposition of Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities, or programs against Assessed Property located 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 (1) 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; WHEREAS, 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 efficient method of allocating and apportioning Solid Waste Costs among parcels of SOLID WASTE PROGRAM Assessed Property located in those incorporated areas of the City annexed pursuant to Chapter 90-483, Laws of Florida (the "Griffin Road Annexation Area"); WHEREAS, the reimposition of a Solid Waste Service Assessment for Solid Waste collection and disposal services, facilities, or 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 desires to reimpose a Solid Waste Service Assessment program within the Griffin Road Annexation area of 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. 108-97, as amended by Resolution No. 111-97 (the "Preliminary Rate Resolution"), containing and referencing 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 Solid Waste Cost for Solid Waste collection and disposal services, facilities, or programs against Assessed Property, estimating a rate of assessment, and directing the updating and preparation of the Assessment Roll for the upcoming Fiscal Year and provision of the notice required by the Ordinance; WHEREAS, in order to reimpose Solid Waste Service Assessments for the Fiscal Year beginning October 1, 1997, the Ordinance requires the City Commission to adopt an Annual Rate Resolution, during its budget adoption process for each Fiscal Year, which 2 i I a SOLID WASTE PROGRAM establishes the rate of assessment and approves the 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 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 mailed, as required by the terms of the Ordinance, which provides notice to all interested persons of an opportunity to be heard; an affidavit regarding the form of notice mailed being attached j hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and WHEREAS, a public hearing was held on September 11, 1997, and comments and objections of all interested persons have been heard and considered as required by the terms of the 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 Ordinance, the Preliminary Rate Resolution, as amended, sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. This Resolution constitutes the Annual Rate Resolution as defined in the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in such Ordinance No. 09-96, the Initial 3 SOLID WASTE PROGRAM Assessment Resolution (Resolution No. 64-96), the Final Assessment Resolution (Resolution No. 71-96) and the Preliminary Rate Resolution (Resolution No. 108-97, as amended by Resolution No. 111-97). SECTION 3. REIMPOSITION OF SOLID WASTE SERVICE ASSESSMENTS. (A) The parcels of Assessed Property described in the Assessment Roll, as updated, which is hereby approved, are hereby found to be specially benefited by the provision of the Solid Waste collection and disposal services, facilities, or programs described or referenced in the Preliminary Rate Resolution, in the amount of the Solid Waste Service Assessment set forth in the updated 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 within the City will be specially 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 the Preliminary Rate Resolution. Adoption of this Annual Rate 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 Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, and the Preliminary Rate Resolution, from the Solid Waste collection and disposal services, facilities, or programs to be provided and a legislative determination that 4 _.. i SOLID WASTE PROGRAM the Solid Waste Service 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 Solid Waste Service Assessments described or referenced in the Preliminary Rate Resolution is hereby approved. (C) For the Fiscal Year beginning October 1, 1997, the estimated Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcel's classification as Residential Property and the number of Dwelling Units for such parcels. An annual rate of assessment equal to $320.86 for each Dwelling Unit, in addition to any unpaid or delinquent fees, charges, or omitted or interim 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) As authorized in Section 2.13 of the Ordinance, interim Solid Waste Service Assessments are also levied and imposed against all property for which a Certificate of Occupancy is issued after adoption of this Resolution based upon the rates of assessment approved herein. (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 5 SOLID WASTE PROGRAM 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 Assessment Roll, as herein approved, together with the correction of any errors or omissions as provided for in the Ordinance, 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 PRELIMINARY RATE RESOLUTION. The Preliminary Rate Resolution is hereby confirmed. j SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Annual Rate 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 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 Annual Rate Resolution. 6 i SOLID WASTE PROGRAM SECTION 6. EFFECTIVE DATE. This Annual Rate Resolution shall take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 11th day of September, 1997. KOBERT NfIKES MAYOR - COMMISSIONER ATTEST: MARIE J. JA ALEE CITY CLERK - AUDITOR APPR D AS FORM AND CORRECTNESS FRAN C. ADLER CITY ATTORNEY 7 RESOLUTION NO. 131-97 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 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 Assessment Roll and the preparation, mailing, and publication of notices in accordance with Sections 2.03, 2.04, 2.05 and 2.08 of the Ordinance adopted by the City Commission on August 13, 1996 (the "Ordinance") in conformance with Resolution No. 108-97 as amended by Resolution No. 111-97 (the "Preliminary Rate Resolution"). 2. Camille S. Gianatasio is Vice President of GSG. GSG has caused the notices required by Sections 2.05 and 2.08 of the 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 statement that all A-1 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 2.05 and 2.08 of the Ordinance by First Class Mail, to each Owner of Assessed Property (as defined in the Ordinance) shown on the updated 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. t Marie J./Jaa6allee, affiant l�o(�. _ Camil S. Gianat affi t Kevin Butler, affiant A-2 _.. STATE OF FLORIDA COUNTY OF BROWARD The foregoing Affidavit of Mailing was sworn to and subscribed before me this S day of September, 1997 by Marie J. Jabalee, City Clerk, City of Dania, Florida.'.Sba is personally known to me or has produced as identification and did take an oath. A Printed Na 2 5M.'r.4LRMAccNa� Notary Public, State of Florida At Large My Commiss'0 r s: Commission o.: Nu Notary Public-State of Fla W STATE OF FLORIDACCommissoa#C�SC6�605 5�' COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of September, 1997 by Camille S. Gianatasio t, Government Services Group, Inc., a Florida limited corporation. She is kersonally knowj to me or has produced as identification and did take an ath. Printed Name: G!w [ AoLljme. Notary Public, State of Florida At Large My Commission E Ida L.Malone VMY COMMISSION N CC5I0115 EXPIRES Commission No.: -- -atb&-,,2000 STATE OF FLORIDA `�"" B°NBBB TIN TWY FLIP 1164"U.INW,. COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of September, 1997 b l r President, Mail Master of Tallahassee, Inc., a Florida corporation. He i personally know o me or has produced as identification and did take an o Printed ame: Notary Public, State of Florida At Large Malone M Commission �y SI N• C05901 y '' "1'I• •.._ M1'COMMISSION N CC590115 EXPIRES Commission No.: Ofter1 2()00 `f Rfm;• BoN o7FWU 1NlY fA:N INSUIRNCB,INC. A-3 I APPENDIX B PROOF OF PUBLICATION I SOLID WASTE PROGRAM r;w CITY OF DANIA, FLORIDA SOLID WASTE ASSESSMENT ANNUAL RATE RESOLUTION FOR FISCAL YEAR BEGINNING OCTOBER 1, 1997 ADOPTED SEPTEMBER 11, 1997 II 1 SOLID WASTE PROGRAM TABLE OF CONTENTS Page SECTION 1. AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION 2. DEFINITIONS AND INTERPRETATION. 3 SECTION 3. REIMPOSITION OF SOLID WASTE SERVICE ASSESSMENTS. 4 SECTION 4. CONFIRMATION OF PRELIMINARY RATE RESOLUTION. . . . . 6 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. . . . . . . . . . . . . . . . . 6 SECTION 6. EFFECTIVE DATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1 APPENDIX B: PROOF OF PUBLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1 t i i'� 'Ir.