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Home My WebLink AboutR-2010-160 Final Solid Waste Assessment Fee RESOLUTION NO. 2010-160 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE SERVICE ASSESSMENTS IN THE CITY OF DANIA BEACH, FLORIDA, RE- IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE BOUNDARIES OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010; 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, Solid Waste Service Assessments are 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) effective collection for Solid Waste management and disposal services and programs by means of the City's water and sewer utility bill; and WHEREAS, the re-imposition of a Solid Waste Service Assessment for Solid Waste collection and disposal services, facilities or programs less than city-wide 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 re-imposition 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,on July 28,2010,adopted Resolution No.2010-118(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 I 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, 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 re-impose Solid Waste Service Assessments for the Fiscal Year beginning October 1, 2010, 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 as required by the terms of the Ordinance,which provides notice to all interested parties of an opportunity to be heard; and WHEREAS, a public hearing was held on September 13, 2010, and comments and objections of all interested parties 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. Re-imposition 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 2 RESOLUTION#2010-160 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 and available for inspection at the above-referenced public hearing and 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 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. (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 1,2010,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$269.40 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 re-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 in this Resolution. (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 3 RESOLUTION#2010-160 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 contest this 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 Rate Resolution shall take effective on October 1, 2010. PASSED AND ADOPTED on September 13, 2010. F C. k. Mc LYEA MAYOR-COMMISSIONER ATTEST: c�A�p s�A'�sr LOUISE STILSON, CMC CITY CLERK A7"ED 19�` APPROVED AS T/P FORM AND CORRECTNESS: � t THO AS J. S O CITY ATTO EY 4 RESOLUTION#2010-160