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Home My WebLink AboutR-1999-159 r. c .\ { r 7 �I 'I CITY OF DANIA BEACH, FLORIDA RESOLUTION NO. 159.99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR 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; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Dania Beach, Florida, has enacted Ordinance No. 9-96 (the"Ordinance"), which authorizes the annual re-imposition of annual Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities or programs against certain Assessed Property within the City; WHEREAS,a Solid Waste Service Assessment has been previously imposed upon certain improved properties within the City which were not subject to either(1)direct billing arrangements with an authorized commercial collection service provider for collection and disposal of Solid Waste or (2) 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 has proven to be an equitable and efficient method of allocating and apportioning Solid Waste Costs among parcels of Assessed Property located in those incorporated areas of the City annexed pursuant to Chapter 904183, Laws of Florida (the "Griffin Road Annexation Area"); and WHEREAS, the Board desires to re-impose an annual Solid Waste collection and disposal assessment program within the Griffin Road Annexation Area, or any other incorporated area served by water and sewer service providers other than the City, using the tax bill collection method for the Fiscal Year beginning on October 1, 1999. 1 -f r 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 provisions of the Solid Waste Service Assessment Ordinance (Ordinance No. 09-96), the Initial Assessment Resolution (Resolution No. 64-96), the Final Assessment Resolution (Resolution No. 71-96), sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This Resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the Assessment Roll and directs the re-imposition of Solid Waste Service Assessments for the Fiscal Year beginning October 1, 1999. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. PROVISION AND FUNDING OF SOLID WASTE SERVICES. (A) Upon the imposition of Solid Waste Service Assessments for Solid Waste collection and disposal against Assessed Property located within the Griffin Road Annexation Area or any other incorporated area served by water and sewer service providers other than the City, the City shall provide Solid Waste collection and disposal services to such Assessed Property. A It is hereby ascertained, determined, and declared that each parcel of Assessed Property located within the Griffin Road Annexation Area or any other incorporated area served by water and sewer service providers other than the City will be benefited by the City's provision of Solid Waste collection and disposal services in an amount not less than the Solid Waste Service Assessment imposed against such parcel,computed in the manner set forth in this Preliminary Rate Resolution, SECTION 4. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. The legislative determinations of special benefit and fair apportionment embodied in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution are affirmed and incorporated herein by reference. 2 f L et r i SECTION 5. ESTABLISHMENT OF ANNUAL SOLID WASTE SERVICE ASSESSMENT RATE. (A) For the Fiscal Year beginning October 1, 1999, for which Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities and programs are to be re- imposed, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. Only those parcels assigned a DOR Code of 01 and 08 by the Property Appraiser on the Tax Roll shall be classified as Assessed Property. A rate of assessment equal to$233.04 for each Dwelling Unit is hereby established. (B) The City Clerk is hereby directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year beginning October 1, 1999 in the manner provided in the Ordinance. Such updated Assessment Roll shall contain the following: (1) a summary description of all Assessed Property within the Griffin Road Annexation Area or any other incorporated area served by water and sewer service providers other than the City conforming to the description contained on the Tax Roll, (2) the name and address of the owner of record of each parcel as shown on the Tax Roll, and (3) the amount of the Solid Waste Service Assessment for Solid Waste collection and disposal services. Pursuant to Section 2.12 of the Ordinance, the updated Assessment Roll shall include an amount for the applicable Solid Waste Service Assessment for prior fiscal years in the event a parcel of property specially benefited by the provision of Solid Waste collection and disposal services, facilities, or programs, was either omitted or not listed on the Tax Roll as of the effective date of the Final Assessment Resolution. A copy of this Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution and the updated Assessment Roll is maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the updated Assessment Roll be in printed form if the amount of the Solid Waste Service Assessment for each parcel of property can be determined by use of a computer terminal available to the public. The Solid Waste Service Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment rate by the number of Dwelling Units on such parcel. 3 a- f h T 7 1 (C) It is hereby ascertained, determined, and declared that the foregoing method of determining the Solid Waste Service Assessments for Solid Waste collection and disposal services is a fair and reasonable method of apportioning the Solid Waste Cost therefore among parcels of Assessed Property. SECTION 6. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 7:30 p.m. on September 14, 1999, in City Commission Chambers of City Halt, 100 West Dania Beach Boulevard, Dania Beach, Florida, at which time the City Commission will receive and consider any comments on the Solid Waste Service Assessments from the public and affected property owners and consider re-imposing Solid Waste Service Assessments for the Fiscal Year beginning October 1, 1999 and collecting such assessments on the same bill as ad valorem taxes. SECTION 7. NOTICE BY PUBLICATION. The City Clerk shall publish a notice of the public hearing authorized by Section 6 of this Preliminary Rate Resolution in the manner and time provided in Sections 2.04 and 2,08 of the Ordinance. The notice shall be published no later than August 24, 1999, in substantially the form attached hereto as Appendix A. SECTION 8. NOTICE BY MAIL. The City Clerk shall also provide notice by first class mail to the Owner of each parcel of Assessed Property as required by Sections 2.05, 2,08, and 2.12 and in the event circumstances described in Section 2.08(F) of the Ordinance so require. Such notice shall be in substantially the form attached hereto as Appendix B. Such notices shall be mailed no later than August 24, 1999. 4 .f h t Y SECTION 9. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 10th day of Augu 9. ;BERTINO / AYO/RCOMMISSIONER ATTEST: SHERYL L. CHAPMAN,ACTING CITY CLERK APPROVED AS TO FORM: 1 �THOMAS ANSB O, CITY ATTORNEY RESOLUTION NO. 159-99 5 L , s r� T r APPENDIX A FORM OF NOTICE TO BE PUBLISHED 1 .f L iL r, F '1 APPENDIX A FORM OF NOTICE TO BE PUBLISHED To Be Published by August 24, 1999 [INSERT MAP OF CITY SHOWING CITY AND ANNEXED AREA.] NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Dania Beach will conduct a public hearing to consider re-imposing solid waste service assessments for the Fiscal Year beginning October 1, 1999, against certain improved residential properties located within those incorporated areas of the City of Dania Beach annexed pursuant to Chapter 90-483. Laws of Florida (sometimes referred to as the "Griffin Road Annexation Area" or the "Ravenswood Road Annexation Area'.) or any other incorporated area served by water and sewer service providers other than the City, to fund the cost of solid waste collection and disposal services and programs provided to such properties and to authorize collection of such assessments on the tax bill. The solid waste service assessments will be computed by multiplying the number of dwelling units on each parcel by the rate of assessment. The rate of assessment for the upcoming fiscal year shall be $233,04. Unimproved properties, mobile home parks, apartments with more than four dwelling units, condominiums, or commercial properties are not subject to the solid waste service assessment. Copies of the Solid Waste Service Assessment Ordinance (Ordinance No. 9-96), the Initial Assessment Resolution (Resolution No. 64-96), the Final Assessment Resolution (Resolution No. 71-96), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and re- imposing the Solid Waste Service Assessments, and the updated 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 Department 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 valorem 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 loss of title. These special assessment programs proved to be successful last year in fairly and efficiently providing a much needed alternative funding and collection approach for these vital and essential services. A public hearing will be held at 7:30 p.m. on September 14, 1999, in the 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 affected property owners have a right to A-1 f r, r F appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If a person decides to appeal any decision made by the City Commissioner with respect to any matter considered at the hearing, such person 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. CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA A-2 L .f F r 7 APPENDIX B FORM OF NOTICE TO BE MAILED r -r F ' i * * * * * NOTICE TO PROPERTY OWNER "rty of Dania Beach =FOR NIA BEACH )West Dania Beach Boulevard _enia Beach, Florida 33004 ING TO IMPOSE AND ECTION OF NON-AD SESSMENTS UGUST 24, 1999 Owner address Sequence# city, state zip Tax Parcel# Legal Description: As e City of Dan aq Beach that by caron 197.3632. Florida Satutes, and nnual assessments fort lsolid waste tservices tiusi g the tatx bill c commission, lection methods given may bey posed 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 withinid waste the City of servces Beonly being imposed nrthe Grffn RoadeorcRave swoodcAnnexedeAreas asptherfees foss ch servces 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 w are aste services beginning October 1, 1999. The City Commission will award the bids later this month. Until er dwellingsunit awarded, your Fiscal Year 1999-2000 solid waste assessment has been estimated to be $ P and may be reuced. The final assess adoptedThis amou will not be excded for at a public hearing on Septembers 14, 1999 based ocal Year 1999-20nnOthe final award todthe selected solid waste hauler, will be d within the ach + total o be . The annnual sold wastes assessme t is based on l the enumber of residential City t dwelling eun t Icontainedl e t on each Parcel of property. The following is a summary of the non-ad valorem special assessments being re-imposed 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�= The annual solid waste assessment for the above parcel is$ A public hearing will be held at 7:30 p.m. on September 14, 1999, in City ubl c comment on the proposed allommission Chambers of City Hall, 100 est Dania Beach Boulevard, Dania Beach, Florida for the purpose of receiving p All owners of improved property within the City were mailed individual notices similar t thisin a when thesed assessments were first imposed. Subsequently, only owners of reclassified propertyin sment, or owners of property not included on the prior year's assessment roll rhaveei eig t to updated mailed pear notice hear ing andaddition to file the annual published notice. You and all other affected property s 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 an to be d may need es verbatim re dnrili testimonyhe d evidence u whichpon s answithDsabites Act persons needing aspecialaccommodationor an m ensure whtheAmeric should contact the City Clerk's office at(954)921-8700, extension 202, at least interpreter to participate in this proceeding 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. B-2 f r, r r -r d r 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. special assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on ad valorem tax bill mailed in November. Failure to pay the assessment will cause a tax certificate to be issued against —a property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the City at (954) 921- 8700, extension 223, Monday through Friday between 8:00 a.m. and 5:00 p.m. If you have a correction, please fill out the enclosed correction request card and return it to the City immediately. F:\WPOATA\PROJECTS\990561solitl waste\preliminary rate resolution.rev5 B-3 L i r, 't 7 AGENDA REQUEST FORM CITY OF DANIA Date: 08-10-99 �• Agenda Item#: Title: RESOLUTION APPROVING PRELIMINARY SOLID WASTE ASSESSMENT RATE Requested Action: APPROVAL Summary Explanation&Background: THIS RESOLUTION APPROVES THE PRELIMINARY ASSESSMENT RATE TO BE IMPOSED FOR COLLECTION AND DISPOSAL OF SOLID WASTE FOR FY 99/2000 USING THE NON- ADVALOREM TAX BILL METHOD OF COLLECTION, THE PRELIMINARY RATE OF$233.04 PER RESIDENTIAL UNIT WILL NOT INCREASE, BUT MAY BE REDUCED PENDING THE OUTCOME OF THE CURRENT SOLID WASTE RFP TO BE AWARDED LATER IN AUGUST. THE FINAL RATE RESOLUTION SCHEDULED FOR ADOPTION ON 9/14/99 WILL REFLECT THE NEW CONTRACT RATE. Exhibits (List): RESOLUTION Purchasing Approval: Prepared By: MARIE JABALEE, FINANCE DIRECTOR Source of Additional Information: (Name 3 Phone) Recommended for Approval By: ! t Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: f