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Home My WebLink AboutR-1999-190�, r ti F i ,, � .. i . . r-- h T _r I` CITY OF DANIA BEACH, FLORIDA SOLID WASTE ASSESSMENT ANNUAL RATE RESOLUTION FOR FISCAL YEAR BEGINNING OCTOBER 1, 1999 ADOPTED SEPTEMBER 15, 1999 (Scheduled public hearing was September 14, 1999, but continued to 9/15/99 due to Hurricane Floyd) f r r y TABLE OF CONTENTS Page SECTION1. 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..........................................................................6 APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS..........................................................A-1 APPENDIX B: PROOF OF PUBLICATION......................................................... B-1 .� APPENDIX C: FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL...............................................C-1 f r, r r CITY OF DANIA BEACH, FLORIDA RESOLUTION NO. 190-99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE SERVICE ASSESSMENTS IN THE CITY OF DANIA BEACH,FLORIDA; REIMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999; APPROVING THE RATE OF ASSESSMENT;APPROVING THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of Dania Beach, 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 reimposition 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 1 t-- y 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 Sohd 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, 1999; WHEREAS, the City Commission, on August 10, 1999, adopted Resolution No. 159-99 (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 published notice required by the Ordinance and mailed notice if circumstances described in Section 2.08(F) of the Ordinance so require; WHEREAS, in order to reimpose Solid Waste Service Assessments for the Fiscal Year beginning October 1, 1999, the Ordinance requires the City Commission to adopt an Annual Rate Resolution, during its budget adoption process for each Fiscal Year, which 2 ft�-- e� r -r F 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 hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and WHEREAS, a public hearing was held on September 15, 1999,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 BEACH, FLORIDA: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the 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 Rate Resolution as defined in the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in such Ordinance, the Initial Assessment 3 f r -r Y i Resolution (Resolution No. 64-96), the Final Assessment Resolution (Resolution No. 71-96) and the Preliminary Rate Resolution. ' SECTION 3. REIMPOSITION OF SOLID WASTE SERVICE ASSESSMENTS. (A) The parcels of Assessed Property described in the Assessment Roll,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 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. 4 f -r A The method for computing Solid Waste Service Assessments described or referenced in the Preliminary Rate Resolution, as amended, is hereby approved. (C) For the Fiscal Year beginning October 1, 1999, 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 $233.04 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 reimposed on all parcels of Assessed Property described in such 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 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 b- f r IS (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. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C. 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 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. SECTION 6. EFFECTIVE DATE. This Annual Rate Resolution shall take effect immediately upon its passage and adoption. 6 f n.. 4- T b r l PASSED AND ADOPTED by the City Commission of the City of Dania Beach, Florida this 15th day of September, 1999. `MXYO COMMISSIONER ATTEST: ROLL CALL: MAYOR BERTINO - YES VICE-MAYOR MCELYEA- YES SHERYL APMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI -YES COMMISSIONER MIKES-YES APPROVED AS TO FORM AND CORRECTNESS: r /� BY: . �, I .� THO AS J. ANSB CITY ATTORNEY 7 . r -r r APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS f ' r 7 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Sheryl L. Chapman, Camille S. Gianatasio, and Kevin Butler, who, after being duly sworn, depose and say: 1. Sheryl L. Chapman, as Acting City Clerk of the City of Dania Beach, Florida ("City"), pursuant to an agreement involving Government Services Group, Inc. ("GSG") dated April 6,1999, 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 Solid Waste Service Assessment Ordinance adopted by the City Commission on July 9, 1996 (the "Ordinance") in conformance with the Preliminary Rate Resolution adopted by the City Commission on August 10, 1999 (the 'Preliminary Rate Resolution"), The Preliminary Rate Resolution directed and authorized notice by First Class Mail only to affected owners NN in the event circumstances described in Section 2.08(F) of the Ordinance so required. 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 f . r -z r 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 24, 1999, 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(F) of the Ordinance and the Preliminary Rate Resolution by First Class Mail to each affected owner, 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 24, 1999. 4. Kevin Butler is President of Mail Master. As directed above, Mail Master, mailed or caused to be mailed on or before August 24, 1999, the above-referenced notices delivered to Mail Master by GSG. FURTHER AFFIANTS SAYETH NOT. Sheryl L.�Lonapman, affian JCamill S. Glana affi Kevm Butler, affiant A-2 s a. 7 STATE OF FLORIDA COUNTY OF BROWARD � � .he foregoing Affidavit of Mailing was sworn to and subscribed before me this —'J — day of August, 1999 by_Sheryf_L_Chapman, as Acting City Clerk, City of Dania Beach, Florida. �s_personally_knowr tgme-br has produced as identification and did take an oath. li I CHARLENEKAYEJONN50N Hinted Name: NOryPubllc,State of Florlda My Comm.exp.August 12,20Q3 Notary Public, State of Florida Comm No.CCtb42159 At Large My Commission Expires: Commission No.: STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of August, 1999 by Camille S. Gianatasio, Vice President, Government Services Group, Inc., a Florida corporation. She is personally known to me, rinffed Name: *: Nlbtay Public, State o lorida o acc 709319 At Large pN�( 'Gommission Expires: (ig STHTf�,':�`•*mISSIOn No.: STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of August, 1999 by Kevin Butler, President, Mail Master of Tallahassee, Inc., a Florida corporation. He is personally known to me, as-predtieed ideRtifteation and did-take-am-oatr-, L�lgebi' printed Name: 242�°'9N,Notary Public, State of Florida *F ►.e At Large =o , MCC708315 :J, j Commission Expires: 14`'A-' mmission No.: /,jjjj��l7HI ITA��t��• A-3 f -r CITY OF DANIA BEACH CITY OF DANIA BEACH, FLORIDA 100 WEST DANIA BEACH BLVD. NOTICE OF HEARING TO IMPOSE AND DANIA BEACH, FL 33004 PROVIDE FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST24, 1999 * * * * * NOTICE TO PROPERTY OWNER SOUTH FLORIDA SPORTS COMMITTEE Sequence# 1 Tax Parcel#504229010140 323 SW 79TH AVE Legal Description MARSHALLS EVERGLADE SUB 2-32 D NORTH LAUDERDALE FL 33068 As required by section 197.3632, Florida Statutes,and the direction of the City Commission, notice is given by the City of Dania Beach that annual assessments for solid waste services using the tax bill collection method, may be reimposed and levied on your property for the fiscal year October 1, 1999-September 30, 2000. The use of an annual special assessment to fund solid waste services benefiting improved property located within the City of Dania Beach in the past has proven to be fair, efficient and effective. The annual special assessment for solid waste services is only being imposed in the Griffin Road or Ravenswood Annexed Areas as the fees for such services are no longer collected as a separate bill sent by the City. Because the contract to serve this area will expire September 30, 1999, the City has requested bids to provide solid waste services beginning October 1, 1999. The City Commission will award the bids later this month. Until the bids are awarded, your Fiscal Year 1999-2000 solid waste assessment has been estimated to be $81.35 per dwelling unit. This amount will not be exceeded for Fiscal Year 1999-2000 and may be reduced. The final assessment rates will be adopted at a public hearing on September 14, 1999 based on the final award to the selected solid waste hauler. The total annual solid waste assessment revenue to be collected within the City of Dania Beach is estimated to be amount. The annual solid waste assessment is based on the number of residential dwelling units contained on each reel of property. ` i he following is a summary of the non-ad valorem special assessments being reimposed on the above parcel for the fiscal year beginning October 1, 1999. The above parcel is subject to the solid waste assessment The total number of residential dwelling units on the above parcel is 1. The annual solid waste assessment for the above parcel is$233.04. A public hearing will be held at 7:30 p.m. on September 14, 1999, in City Commission Chambers of City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida for the purpose of receiving public comment on the proposed assessments. All owners of improved property within the City were mailed individual notices similar to this one when the assessments were first imposed. Subsequently, only owners of reclassified property which resulted in an increased assessment, or owners of property not included on the prior year's assessment roll will receive updated mailed notice in addition to the annual published notice. 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. 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 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 relief 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 legal documentation for the assessment program is available for inspection at the City Clerk's office in the Municipal Building, located at 100 West Dania Beach Boulevard, Dania Beach, Florida. The special 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 assessment will cause a tax certificate to be issued against property which may result in a loss of title. any information on this notice is incorrect or if you have any questions, please contact the City of Dania Beach at (954) 921-8700 ext.223, Monday-Friday between 8:30 a.m.-4:30 p.m. j-- r� l "t APPENDIX B PROOF OF PUBLICATION `r f r SUN-SENTINEL PASTA COPt'(IF IFA;AI.NOTICE IIFRF Published Daily Fort Lauderdale, Broward County, Florida CITY OF DANIA BEACH Boca Raton, Palm Beach County, Florida NOTICE OFHEARINGTO RE-IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE sTrc oY FLORIDA SPECIAL ASSESSMENTS COUNTY OF O BF IIROWARD/I'N.M DIiACII Before the undersigned aulhr ili -noaAlly appeared who on oslh says that he a _ /,: n_y_ a, ;,i ar 16e Sua—Seolia ,daily newspaper publinc�d V11 in Brow id/Palm Beach County, Florida, That the attached copy of adverlisemealq(wing a in the mailer ofin the Court was published io uiJ newspaper is the issues ofArftsol further says that the said Sun—Sentinel is a newspaper published in said Browardl Pafm[teach County,Florida,and that the said aewipaper bar heretofore been continuously ®published in said OrowardlPdm Bitch Caualy,Ilmida,each day,and have been enteredas second class matter at The post office in Fort Lauderdale,irida,for a period of one year nest preceding the first publication of The attached copy of advertise meat,and afflaal says that he has neither paid nor promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of seen 'rag this a verb at SOI,ID WASTE SPECIALASSFSSMENTS for publication in said newspaper. Notice is hereby given that the City Commission of the City of Dania Reach will conduct a public hearing to consider re-imposing solid waste service assessments far the Fiscal Year beginning October I.1999.against gnature car Milan[) certain improved residential properties located within those incorporated areas of the City of Dania Beach nnnexeJ pursuant to Chapter 70-4R3, Sworn to and subscribed before me this / ��, day of .l9 9f Laws of Florida(sometimes referred to as the'Griffin Road Annexation 'J Area"or the"Itasenswood Road Annexation Arci')-rally other incorpo• v, �j'. e ..-!� rated area served by water and sewer service providers other than the City, (Signature of Notary Public) ' to fund the cost of solid waste collection and disposal senices and pro, grams provided to such propeniu and to authodre collection of such assessments on the tax hill. (Name of Notary typed,printed or stamped) fora Bus, The solid waste sen'ice assessmems will be computed by multiplying the ntnnher of dwelling units on each parcel by the ram of assessment.The ram -=4:.e 2091 of assessment for the upcoming fiscal year shall he 5233.04.Unimproved Personally Known '� or ProduccR Idcnttft"lfin)" " properties,mobile home parks,apattmcnts ssith more than(our dwelling units,condominiums,or commercial pmpernes arc not subject to the solid waste service assessment. Copies o the Solid Waste Service Assessment Ordinance(Ordinance No. 9-96),thef Initial Assessment Resolution(Resolution No.64-96).the Final Assessment Resolution (Resolution No. 71.96). the Preliminary Rate Resolution initialing the annual process of updating the Assessment Roll and reimposing the Solid Waste Service Assessments, and the update Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's office. If you have any questions, please contact the City Utility Depanmem at (954)921.8700,extension 223,Monday through Friday between 9:00 a.m. and 5:00 p.m. The above special assessments will be collected on the ad Vska to tax bill to be mailed in November 1999,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 lass of title.These spe-: ciel assessment programs proved to be successful last year in fairly and efficiently providing n notch needed ahemative funding and collection approach for These vital and csmmial scrvims. A puhlic hearing will M1e hell al 7:30 p.m.on September 14, 1999.in the. City Commission Chambers of City Hall, IIlO AV'est Dania Beach Roulevarcl,Danis Beach,Florida.(or the puglose of receiving puhlic coot ment an the propascd assessments.All alTeckd propcny owners hale d right to appear et the hmring and to file written objections with the City' Commission within 20 days of this notice.I(u person decides Io sppcal any decision mode by the City Commissioner with respect to any metier can- ceilings; and may need to ensure that a verbatim rewN is mode,including the tun moray and evidence upon which the appeal is m he made.In accordantt with the Americans with Disabilities AM persons needing a special aceom.. modation or an interpreter to panicipare in this proceeding should contact the City Clerk's office at(954)921-N7( extension 202.at least two dayt prior to the date of the hearing. Charlene Johnson Deputy City Clerk CITY OF DANIA BEACH i AMERICAN MICRO-IMAGE 6954 N.AV. 12 STREET, MIAMI, FLORIDA 33126 305-477 9149 - 800-287-4799 - FAX 305-477-7526 ITEM 1 410 I s o photocopy in poor condition FC 017 r, r, '1 I' r APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL f L 1 r 7 CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Mayor of the City Commission, or authorized agent of the City of Dania Beach, Florida (the"City"); as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for solid waste collection and disposal services (the "Non-Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to ascertain;and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Broward County Department of Finance and Administrative Services by September 15, 1999. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Broward County Department of Finance and Administrative Services and made part of the above described Non-Ad Valorem Assessment Roll this day of 1999, CITY OF DANIA BEACH, FLORIDA By: Mayor [to be delivered to Department of Finance and Administrative Services prior to September 1S] C-1 f r