HomeMy WebLinkAbout2008-09-16 Public Hearing - Proposed FY 08-09 Budget City Commission Meeting Agenda AGENDA
DANIA BEACH CITY COMMISSION
PUBLIC HEARING- PROPOSED FY 08-09 BUDGET
TUESDAY, SEPTEMBER 16, 2008 - 7:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO
ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION
CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD,DANIA
BEACH,FL 33004,(954)924-6800 EXTENSION 3622,AT LEAST 48 HOURS PRIOR TO THE MEETING.
IN CONSIDERATION OF OTHERS,WE ASK THAT YOU:
A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE
ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING.
B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN
ORDER NOT TO INTERRUPT THE MEETING.
1. CALL TO ORDER
2. ROLL CALL
3. PRESENTATION OF PROPOSED MILLAGE AND BUDGET 2008/2009
4. RESOLUTION#2008-164
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE
CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE
PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR
2008-09 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE
APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN
OBJECTIONS MAY BE HEARD AND QUESTIONS CONCERNING SAME WILL BE
ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
5. RESOLUTION#2008-165
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE
CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING ITS
TENTATIVE ANNUAL BUDGET FOR THE FISCAL YEAR 2008-09; PROVIDING FOR A
PUBLIC HEARING WHEN OBJECTIONS WILL BE HEARD AND QUESTIONS
Dania Beach City Commission
Agenda— 1"Budget Public Hearing
Tuesday, September 16, 2008 —7:00 p.m.
Page 2 of 2
CONCERNING THE BUDGET WILL BE ANSWERED; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
6. RESOLUTION 42008-166
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE
PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY
OF DANIA BEACH, FLORIDA; REIMPOSING FIRE RESCUE ASSESSMENTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2008; APPROVING THE RATE OF
ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7. RESOLUTION#2008-167
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
AND THE ANNEXED AREA DESCRIBED IN CHAPTER 2000-474, LAWS OF FLORIDA,
OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2008; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT
ROLL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
8. RESOLUTION#2008-168
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE
PROVISION OF STORMWATER MANAGEMENT SERVICES IN THE CITY OF DANIA
BEACH, FLORIDA; IMPOSING AND REIMPOSING STORMWATER ASSESSMENTS
AGAINST PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2008; APPROVING THE RATE OF
ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
9. ADJOURNMENT
RESOLUTION NO. 2008-164
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS
REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA
STATUTES, APPROVING THE PROPOSED MILLAGE RATE NECESSARY
TO BE LEVIED FOR THE FISCAL YEAR 2008-09 FOR OPERATING
PURPOSES; ESTABLISHING THE DEBT MILLAGE APPROVED BY THE
ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN
OBJECTIONS MAY BE HEARD AND QUESTIONS CONCERNING SAME
WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Dania Beach, Florida requires that the City
Commission shall, by Resolution, adopt an annual budget, determine the amount of millage
necessary to be levied and publish the budget so adopted, together with a notice stating the time
and place where objections maybe be heard; and
WHEREAS, the City Manager of the City of Dania Beach, Florida, has prepared and
submitted to the City Commission an annual report covering the operation of the City and has set
forth in it an estimate of the expenditures and revenues of the City for the ensuing year,
beginning October 1, 2008, and ending September 30, 2009, with sufficient copies of such report
and estimate being on file in the office of the City Clerk so that any interested party may obtain
copies upon request; and
WHEREAS,pursuant to the referendum approved by the voters of the City in the March
2005 Election, the issuance of General Obligation bonds in an amount not to exceed
$10,300,000.00 was authorized; and
WHEREAS, the City has issued a General Obligation Bond in the amount of
$6,800,000.00 with the exception of the Library project in the amount of$3,500,000.00, and the
City will be levying a debt millage equal to 0.1400 mills towards the payment of principal and
interest; and
WHEREAS, the City Manager has presented to the City Commission detailed
information supporting such estimate, affording the City Commission a comprehensive
understanding of the City Government for the ensuing period, including expenditures for
corresponding items during the last two fiscal years and increase and decrease demands for the
ensuing year as compared with corresponding appropriations for the last fiscal year; and
WHEREAS, the City Commission has met and carefully considered such annual report
and estimate for the ensuing year and has determined and fixed the amount necessary to carry on
the government of the City for the ensuing year and has prepared a tentative budget setting forth
the amounts necessary to be raised for the various departments of the City and has appropriated
such amounts to the various departments of the City considering the applicable funds on hand
and the estimated departmental revenues; and
WHEREAS, the City Commission has determined that in order to produce a sufficient
sum to fund such tentative budget, it is necessary that a provisional millage of 5.4044 be levied
against ad valorem valuation of property subject to taxation in the City of Dania Beach; and
WHEREAS, the "rolled back rate" as computed in accordance with the provisions of
Section 200.065(1), Florida Statutes, is 5.7269 mills; and
WHEREAS,the proposed millage is a 5.63 % decrease in the rolled-back rate;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the proposed operating millage necessary to be levied against ad
valorem valuation of property subject to taxation in the City of Dania Beach to produce a
sufficient sum, which, together with departmental revenue, will be adequate to pay the
appropriations made in the tentative budget, is as follows:
2 RESOLUTION#2008-164
FOR OPERATING BUDGET:
(GENERAL MUNICIPAL MILLAGE) 5.4044 MILLS
Section 2. That the proposed millage rate is a 5.63% decrease in the rolled back rate
as computed in accordance with the provisions of Section 200.065(1),Florida Statutes.
Section 3. That the voted debt service millage rate is 0.1400 Mills in accordance with
the provisions of law pursuant to Chapter 200, Florida Statues.
Section 4. That the City's aggregate millage rate is 5.5444 Mills (5.4044 Mills for
operating and 0.1400 Mills for debt service).
Section 5. That the City Commission of the City of Dania Beach will meet in the City
Commission Room in the City Hall (100 West Dania Beach Boulevard, Dania Beach, Florida)on
Tuesday, September 24, 2008, at 7:00 p.m. for the purpose of adopting the above stated millage
rate and answering questions concerning same. The City Manager shall specify the purposes for
which ad valorem tax revenues are being increased, if any, over the `rolled back rate". A notice
of this public hearing shall be published in strict compliance with the provisions of Section
200.065(2) (d) and Section 200.065(3), Florida Statutes.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
3 RESOLUTION#2008-164
Section 7. That this Resolution shall take effect and be in force immediately upon its
passage and adoption.
PASSED AND ADOPTED on September 16, 2008.
ALBERT C. JONES
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
4 RESOLUTION#2008-164
RESOLUTION NO. 2008-165
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED
BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES,
APPROVING ITS TENTATIVE ANNUAL BUDGET FOR THE FISCAL YEAR
2008-09; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS WILL
BE HEARD AND QUESTIONS CONCERNING THE BUDGET WILL BE
ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Dania Beach, Florida requires that the City
Commission shall, by Resolution, adopt an annual budget, determine the amount of millage
necessary to be levied and publish the budget so adopted, together with a notice stating the time
and place where objections to it may be heard; and
WHEREAS, the City Manager of the City of Dania Beach, Florida, has prepared and
submitted to the City Commission an annual report covering the operation of the City and has set
forth in it an estimate of the expenditures and revenues of the City for the ensuing year, beginning
October 1, 2008, and ending September 30, 2009, with a copy of such report and estimate being
on file in the office of the City Clerk so that any interested party may view such copy upon
request; and
WHEREAS, the City Manager has presented to the City Commission detailed
information supporting such estimate, affording the City Commission a comprehensive
understanding of the City Government for the ensuing period, including expenditures for
corresponding items during the last two fiscal years and increased and decreased demands for the
ensuing year as compared with corresponding appropriations for the last fiscal year; and
WHEREAS, the City Commission has met and carefully considered such annual report
and estimate for the ensuing year and has prepared a tentative budget setting forth the amounts
to the various departments of the City considering the applicable funds on hand and the estimated
departmental revenues;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That a tentative budget for the City of Dania Beach, Florida, for the fiscal
year beginning October 1, 2008, and ending September 30, 2009, is adopted (subject to the
public hearing for which provision is subsequently made below). A copy of such tentative
budget summary is attached to this Resolution and made a part of it as `Exhibit A" and the
appropriations set out in it are made for the maintenance and carrying on of the government of
the City of Dania Beach, Florida, and for the purpose of paying debt service requirements, if any,
of the City for the fiscal year beginning October 1, 2008, and ending September 30, 2009.
Section 2. That all delinquent taxes, collected as proceeds from levies of operating
millages for former years are specifically appropriated for the use and benefit of the "General
Fund".
Section 3. Automatic Amendment: The Fiscal Year 2008-09 budget is
automatically amended to reappropriate encumbrances, outstanding contracts, capital projects
reserved or unexpended from Fiscal Year 2008, such appropriation having been previously
approved by the City Commission.
Section 4. That the City Commission of the City of Dania Beach will meet in the City
Commission Chamber in the City Hall (100 West Dania Beach Boulevard, Dania Beach, Florida)
on Tuesday, September 24, 2008, at 7:00 p.m. for the purpose of finalizing the budget and
answering questions concerning same. The City Manager shall specify the purposes for which ad
valorem tax revenues are beingincreased, if any, over the "rolled back rate". A notice of this
2
RESOLUTION#2008-165
valorem tax revenues are being increased, if any, over the "rolled back rate". A notice of this
public hearing shall be published in strict compliance with the provisions of Section 200.065(2)
(d) and Section 200.065(3), Florida Statutes.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall take effect and be in force immediately upon its
passage and adoption
PASSED AND ADOPTED on September 16, 2008.
ALBERT C. JONES
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
3 RESOLUTION#2008-165
GENERAL FUND
Account Description FY 2009 Proposed
Mayor and Commission 204,510
City Manager Office 679,855
Code Compliance* 764,368
Human Resources 432,442
City Attorney 728,771
Community Development* 548,291
City Clerk 425,858
Finance 812,298
Information Services 267,446
General Admin 6,765,149
Cemetery 99,871
Police 9,193,383
Fire Rescue 9,054,587
Solid Waste Division 1,717,220
Public Services Admin, 221,917
Construction&Mtn.Div 309,441
Fleet Management 115,344
Parks Maintenance 327,987
Streets 1,715,641
Recreation Administration 621,749
Beach 557,556
C.W.Thomas Park 148,795
I.T.Parker Center 69,792
Frost Park 186,857
PJ Meli Aquatic Center 320,393
PJ Mel1 Pazk 104,513
Summer Program 65,069
4 RESOLUTION#2008-165
CAPITAL PROJECTS FUND
Department Projects FY 2009 Funding
IMMMEMEM
Fire Self Contained breathing Apparatus 50,400 General Fund
Parks&Recreation Adler Park Playground equipment 53,000 G. O. Bond
Dugout at C.W.Thomas Park 38,500 General Fund
Dog Park 53,000 General Fund
Courts resurfacing 23,875 General Fund
Tiger Tail Park Floating Dock 50,000 General Fund
Public Services Public Services Complex(partial) 847,238 Gen. Fund
New Fuel Station (partial) 219,850 Gen. Fund
ADA sidewalks 60,000 General Fund
Citywide Lighting Program 384,819 3 cents/General Fund
Cemetery Improvements 80,000 General Fund
,.Mnra
Beach Curbing and parking meters 50,550 General Fund
Debt Service Principal&Interest 716,549
Total 12,627,7811
WATER FUND
Account Description FY 2009Proposed
Water Administration 1,129,408
Water Accounting 158,839
Water Distribution 2,328,908
Water Plant 2,779,901
5 RESOLUTION#2008-165
SEWER FUND
Account Description FY 2009Proposed
Sewer Administration 690,962
Sewer Accounting 74,100
A
Collection 5,358,463
STORMWATER FUND
Account Description FY 2009Proposed
Stormwater Operations 4,408,400
OTHER FUNDS
Debt Service Fund: $627,588 (include G.O. Bond Debt Service)
Tree Preservation Fund: $37,000
Marina Fund: $368,330
Building Fund $1,392,532
CRA $195,744
6 RESOLUTION#2008-165
RESOLUTION NO. 2008-166
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND
PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA; REIMPOSING
FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2008; APPROVING THE RATE OF
ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of Dania Beach, Florida, has enacted Ordinance No.
10-96 (the "Ordinance"), which authorizes the imposition of Fire Rescue Assessments for fire
rescue services, facilities, and programs against Assessed Property located within the City; and
WHEREAS, the reimposition of a Fire Rescue Assessment for fire rescue services,
facilities, and programs each fiscal year is an equitable and efficient method of allocating and
apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; and
WHEREAS, the City Commission desires to reimpose a fire rescue assessment program
within the City using the procedures provided by the Ordinance, including the tax bill collection
method for the Fiscal Year beginning on October 1, 2008; and
WHEREAS, the City Commission, on July 29, 2008 adopted Resolution No. 2008-123
(the "Preliminary Rate Resolution"), containing and referencing a brief and general description
of the fire rescue services, facilities and programs to be provided to Assessed Property,
describing the method of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue
Assessment for fire rescue services, facilities, and programs against Assessed Property,
estimating a rate of assessment, and directing the updating and preparation of the Assessment
Roll, provision of published notice required by the Ordinance, and mailed notice if
circumstances described in Section 2.08(F) of the Ordinance so require; and
WHEREAS, in order to reimpose Fire Rescue Assessments for the Fiscal Year
beginning October 1, 2008, the Ordinance requires the City Commission to adopt an Annual
Rate Resolution, during its budget adoption process for each Fiscal Year, which 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; and
WHEREAS, the updated Assessment Roll has previously been made available for
inspection by the public, as required by the Ordinance; and
WHEREAS,notice of a public hearing has been published and mailed through the TRIM
notice, as required by the terms of the Ordinance, which provides notice to all interested persons
of an opportunity to be heard; and
WHEREAS, a public hearing has been be held on September 16, 2008, 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. That this Resolution is adopted pursuant to the provisions of
the Fire Rescue Assessment Ordinance (Ordinance No. 10-96), the Initial Assessment Resolution
(Resolution No. 63-96) as revised and amended by Resolution No. 110-97, the Final Assessment
Resolution (Resolution No. 72-96), and the Preliminary Rate Resolution (Resolution No. 2008-
123); Article VIII, Section 2, Florida Constitution; sections 166.021 and 166.041, Florida
Statutes; and other applicable provisions of law.
Section 2. Definitions and Interpretation. That this Resolution constitutes the
2 RESOLUTION#2008-166
Annual Rate Resolution as defined in Ordinance No. 10-96. All capitalized terms in this
Resolution shall have the meanings defined in the Ordinance, the Initial Assessment Resolution
(Resolution No. 63-96), the Final Assessment Resolution (Resolution No. 72-96) and the
Preliminary Rate Resolution(Resolution No. 2008-123).
Section 3. Reimposition of Fire Rescue Assessments.
(A) The parcels of Assessed Property described in the Assessment Roll, as updated,
which is approved, are found to be specially benefited by the provision of the fire rescue
services, facilities, and programs described or referenced in the Preliminary Rate Resolution, in
the amount of the Fire Rescue 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 it is
incorporated by this reference. It is ascertained, determined and declared that each parcel of
Assessed Property within the City will be specially benefited by the City's provision of fire
rescue services, facilities, and programs in an amount not less than the Fire Rescue 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 (as revised and
amended by Resolution No. 110-97), the Final Assessment Resolution, as amended, and the
Preliminary Rate Resolution from the fire rescue services, facilities, or programs to be provided
and a legislative determination that the Fire Rescue 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 Fire Rescue Assessments described or referenced in
3 RESOLUTION#2008-166
the Preliminary Rate Resolution is approved. The Parcel Apportionment Methodology described
in Appendix A of the Preliminary Rate Resolution and adopted in Section 7 of the Preliminary
Rate Resolution is approved.
(C) For the Fiscal Year beginning October 1, 2008, the estimated Fire Rescue
Assessed Cost to be assessed is $2,493,113.00. The Fire Rescue Assessments to be assessed and
apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel
Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year
commencing October 1, 2008, are established as follows:
RESIDENTIAL Rate Per Dwelling Unit
PROPERTY
USE
CATEGORIES
Residential $92.00
NON- Vacant Per $55.00
RESIDENTIAL Acreage
PROPERTY Building
USE classification
CATEGORIES (in square Industrial/ Hotel/
footage Commercial Assembly Warehouse Educational Motels Medical
range)
< 1,999 $227 $562 $47 $117 $246 $1,359
2,000 - 3,499 $455 $1,124 $94 $234 $491 $2,718
3,500 - 4,999 $796 $1,967 $165 $410 $860 $4,757
5,000 - 9,999 $1,136 $2,810 $236 $585 $1,228 $6,795
10,000 - $2273 $5,619 $472 $1,170 $2,457 $13,590
19,999
20,000 - $4,546 $11,238 $944 $2,340 $4,914 $27,180
29,999
30,000 - $6,819 $16,857 $1,416 $3,510 $7,371 $40,770
39,999
40,000 - $9,092 $22,476 $1,888 $4,680 $9,828 $54,361
49,999
> 50,000 $11,365 $28,095 $2,360 $5,850 $12,285 $67,951
(D) The above rates of assessment are approved. Fire Rescue Assessments for fire
4 RESOLUTION#2008-166
rescue services, facilities, and programs in the amounts set forth in the updated Assessment Roll,
as approved, are levied and reimposed on all parcels of Assessed Property described in such
Assessment Roll for the Fiscal Year beginning October 1, 2008.
(E) No Fire Rescue Assessment shall be imposed upon a parcel the use of which is
wholly exempt from ad valorem taxation under Florida law.
(F) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue 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 this Resolution.
(G) Fire Rescue 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.
(H) The Assessment Roll, as 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. That the Preliminary
Rate Resolution is confirmed.
Section 5. Effect of Adoption of Resolution. That 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
P PP
of apportionment and assessment the rate of assessment the Assessment Roll and the le and
PP � �'Y
lien of the Fire Rescue 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
5 RESOLUTION#2008-166
Resolution.
Section 6. Severability. That 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 affecting the
validity of the other provisions of this Resolution.
Section 7. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 8. That this Annual Rate Resolution shall take effect on October 1, 2008.
PASSED and ADOPTED on this September 16, 2008.
ALBERT C. JONES
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON,CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
6 RESOLUTION#2008-166
RESOLUTION NO. 2008-167
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 AND THE ANNEXED AREA
DESCRIBED IN CHAPTER 2000-474, LAWS OF FLORIDA, OF THE CITY OF
DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008;
APPROVING THE RATE OF ASSESSMENT;APPROVING THE ASSESSMENT
ROLL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR 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; and
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; and
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 the Solid Waste Cost among parcels of Assessed
Property located in those incorporated areas of the City annexed pursuant to Chapter 90-483,Laws of
Florida(the"Griffin Road Annexation Area")and annexed pursuant to Chapter 2000-474,Laws of
Florida(collectively referred to as the "Solid Waste Assessment Area"); and
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 the Solid Waste Cost among parcels of Assessed Property;
and
WHEREAS,the City Commission desires to reimpose a Solid Waste Service Assessment
program within the Solid Waste Annexation Area of the City using the tax bill collection method for
the Fiscal Year beginning on October 1, 2008; and
WHEREAS,the City Commission,on July 29,2008,adopted Resolution No.2008-124(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; and
WHEREAS, in order to reimpose Solid Waste Service Assessments for the Fiscal Year
beginning October 1, 2008, the Ordinance requires the City Commission to adopt an Annual Rate
Resolution during its budget adoption process for each Fiscal Year, which 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; and
WHEREAS,the updated Assessment Roll has previously been made available for inspection
by the public, as required by the Ordinance; and
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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;
and
WHEREAS, a public hearing was held on September 16, 2008, 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. That this Resolution is adopted pursuant to the Ordinance, the
Preliminary Rate Resolution, Article VIII, Section 2, Florida Constitution, sections 166.021 and
166.041, Florida Statutes, and other applicable provisions of law.
Section 2. Definitions And Interpretation. That 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 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
approved, are 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 by reference. It is 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
3 RESOLUTION#2008-167
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.
(B) The method for computing Solid Waste Service Assessments described or referenced
in the Preliminary Rate Resolution is approved.
(C) For the Fiscal Year beginning October 1,2008,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$244.80 for each Dwelling Unit is 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 approved, are 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 in this
Resolution.
4 RESOLUTION#2008-167
RESOLUTION NO. 2008-168
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES IN
THE CITY OF DANIA BEACH, FLORIDA; IMPOSING AND REIMPOSING
STORMWATER ASSESSMENTS AGAINST PROPERTY LOCATED
WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2008; APPROVING THE RATE OF
ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of Dania Beach, Florida, has enacted Ordinance No.
13-96, as amended (the "Stormwater Utility Ordinance"), which authorizes the imposition of
Stormwater Assessments for Stormwater Management, capital and administrative services
against Property located within the City; and
WHEREAS the imposition and 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 Property; and
WHEREAS, the City Commission desires to impose and reimpose a stormwater
assessment program within the City using the tax bill collection method for the Fiscal Year
beginning on October 1, 2008; and
WHEREAS, the City Commission, on July 29, 2008, adopted a preliminary rate of
$23.00 per ERU, containing and referencing a brief and general description of the Stormwater
management, capital and administrative services to be provided to property, describing the
method of apportioning the Stormwater Service Cost for Stormwater management, capital and
administrative services against 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 published notice required by the Stormwater Utility Ordinance and mailed notice
only in the event circumstances described in section 197.3632(4)(a), Florida Statutes, so require;
and
WHEREAS, in order to reimpose Stormwater Assessments for the Fiscal Year beginning
October 1, 2008, 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; and
WHEREAS, the updated Stormwater Assessment Roll has previously been made
available for inspection by the public, as required by the Stormwater Utility Ordinance; and
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; and
WHEREAS, a public hearing was held on September 16, 2008, and comments and
objections of all interested persons have been heard and considered as required by the terns of
the Stormwater Utility 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 Stormwater Utility
Ordinance, the Preliminary Rate Resolution, Article VHI, Section 2, Florida Constitution,
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
2 RESOLUTION 2008-168
capitalized terms in this Resolution shall have the meanings defined in such Stormwater Utility
Ordinance, the Initial Stormwater 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 an action which approved the Preliminary
Rate on July 29, 2008 taken by the City Commission.
Section 3. Imposition and Reimposition of Stormwater Assessments.
(A) The tax parcels of Property described in the Stormwater Assessment Roll, as
updated, which is approved, are found to be specially benefited by the provision of the
Stormwater management, capital and administrative 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 present or available for inspection at
the above referenced public hearing and it is incorporated by this reference. It is ascertained,
determined and declared that the estimated revenue to be derived from the imposition of
Stormwater Assessments at the rate of $23.00 per ERU is one million, one hundred thousand
dollars ($1,100,000.00). 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 Stormwater Assessment Resolution, the Final
Stormwater Assessment Resolution, as amended, and the Preliminary Rate Resolution from the
Stormwater management, capital and administrative 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.
3 RESOLUTION 2008-168
(B) The method for computing Stormwater Assessments described or referenced in
the Preliminary Rate Resolution, inclusive of the Mitigation Credit Policy adopted in the
amended Stormwater Utility Ordinance, is approved.
(C) Based upon the rates of assessment approved, an interim Stormwater Assessment
shall be imposed against all property for which a Certificate of Occupancy is issued or change in
land use occurs 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 or
change in land use occurs. 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. 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. Such 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.
4 RESOLUTION 2008-168
(D) 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 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.
Section 4. That the Preliminary Rate Resolution is confirmed.
Section 5. That the adoption of this Annual Stormwater Assessment 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 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 adoption of this Annual Stormwater
Assessment Resolution.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Annual Stormwater Assessment Resolution shall take effective
October 1, 2008.
PASSED and ADOPTED on September 16, 2008.
ATTEST:
LOUISE STILSON,CMC ALBERT C. JONES
CITY CLERK MAYOR-COMMISSIONER
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
1
5 RESOLUTION 2008-168
(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.
(F) The Assessment Roll, as 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. That the Preliminary Rate Resolution is confirmed.
Section 5. That 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
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 7. That this Annual Rate Resolution shall take effective on October 1, 2008.
PASSED AND ADOPTED on September 16, 2008.
ATTEST:
LOUISE STILSON,CMC ALBERT C. JONES
CITY CLERK MAYOR-COMMISSIONER
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
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