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Home My WebLink AboutR-2011-102 - Relating to Provision of Stormwater Management Services in DB, Imposing & Re-Imposing Stormwater Assessments for FY beginning 10/01/2011 RESOLUTION NO. 2011-102 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES IN THE CITY OF DANIA BEACH, FLORIDA; IMPOSING AND RE-IMPOSING STORMWATER ASSESSMENTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011; 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 (the "Stormwater Utility Ordinance") as amended, 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 re-imposition 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 re-impose a Stormwater Assessment Program within the City, using the tax bill collection method for the Fiscal Year beginning on October 1, 2011; and WHEREAS, the City Commission on July 14, 2011, adopted a preliminary rate of $40.00 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 beginning October 1, 2011, 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 re-impose Stormwater Assessments for the Fiscal Year beginning October 1, 2011, 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 parties of an opportunity to be heard; and WHEREAS, a public hearing was held on September 14, 2011, during which comments and objections of all interested parties were heard and considered as required by the terms of the Stormwater Utility Ordinance; NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. This Resolution is adopted pursuant to the Stormwater Utility 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. This Resolution constitutes the Annual Stormwater Assessment Resolution as defined in the Stormwater Utility Ordinance. All 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 14, 2011 taken by the City Commission. Section 3. (A) The tax parcels of property described in the Stormwater Assessment Roll, as updated, which are approved, are found to be specially benefitted 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 into and made a part of this Resolution 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 $40.00 per ERU is 2 RESOLUTION#2011-102 $2,044,105.00. 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 fair and reasonably apportioned among the properties that receive the special benefit as set forth in the Preliminary Rate Resolution. (B) The method for computing Stormwater Assessments described or referenced in the Pre liminary Rate Resolution inclusive of the Mitigation Credit Policy adopted in h ary g y op d 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 (1/12th) 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, 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. 3 RESOLUTION#2011-102 (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 are initiated in a court of competent jurisdiction to secure relief within twenty (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 effect October 1, 2011. PASSED and ADOPTED on September 14, 2011. ATTEST: 4� LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR APPROVED AS T FO AND CORRECTNESS: �P�'s FIRST _%, ciry ` J THOMAS J. ANSBRO CITY ATTORNEY 4 RESOLUTION#2011-102