HomeMy WebLinkAboutR-2012-091 - Established the Not to Exceed Assessment Rate for Solid Waste Service Assessments for Fiscal Year Beginning October 1, 2012 RESOLUTION NO. 2012-091
A RESOLUTION OF THE CITY COMMISSION 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 NOT TO EXCEED ASSESSMENT RATE FOR SOLID
WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY
LOCATED WITHIN BOUNDARIES OF THE CITY OF DANIA BEACH, FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2012; DIRECTING THE
PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC
HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH
HEARING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida, enacted Ordinance No. 9-96 (the
"Ordinance"), which authorizes the reimposition of annual Solid Waste Service Assessments for
Solid Waste collection and disposal services, facilities or programs against certain Assessed
Property within the City; and
WHEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste
collection and disposal services, facilities or programs 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 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, on December 9, 2008, the City passed Resolution No. 2008-221 amending
Resolution No. 64-96 to use the uniform method of collecting solid waste assessments for all
properties located within the boundaries of the City of Dania Beach; and
WHEREAS, the City Commission desires to impose an annual Solid Waste collection
and disposal assessment program within the boundaries of the City of Dania Beach, using the tax
bill collection method for the Fiscal Year beginning on October 1, 2012;
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 Solid Waste Service Assessment Ordinance (Ordinance No. 09-96); the Initial Assessment
Resolution (Resolution No. 64-96); the Resolution amending Resolution No. 64-96 (Resolution
No. 2008-221); 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. That 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 reimposition of Solid Waste Service Assessments for the Fiscal
Year beginning October 1, 2012. All capitalized words and terms not otherwise defined in this
Resolution 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. That upon the
imposition of Solid Waste Service Assessments for Solid Waste collection and disposal against
Assessed Property located within the boundaries of the City of Dania Beach, the City shall
provide Solid Waste collection and disposal services to such Assessed Property.
It is ascertained, determined, and declared that each parcel of Assessed Property located
within the City of Dania Beach 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 Appointment.
That 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 in this Resolution by reference.
Section 5. Establishment of Annual Solid Waste Service Assessment Rate. That
for the Fiscal Year beginning October 1, 2012, Solid Waste Service Assessments for Solid Waste
collection and disposal services, facilities and programs are to be reimposed and the Solid Waste
Cost shall be allocated among all parcels of Assessed Property, as deemed necessary by the City
of Dania Beach. A rate of assessment not to exceed $271.68 for each dwelling unit is
established.
Section 6. The City Manager is directed to prepare, or cause to be prepared, an
updated Assessment Roll for the Fiscal Year beginning October 1, 2012, in the manner provided
in the Ordinance. Such updated Assessment Roll shall contain the following: (1) a summary
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description of all Assessed Property within the Solid Waste Assessment 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. Copies of this Preliminary Rate Resolution, the
Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution and the updated
Assessment Roll are maintained on file in the office of the City Clerk and are 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.
It is 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 among Parcels of Assessed Property.
Section 7. Authorization of Public Hearing. That there is established a public
hearing to be held at 6:00 p.m. on September 12, 2012, in the City Commission Chamber of City
Hall, 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 reimposing the Solid Waste Service
Assessments for the Fiscal Year beginning October 1, 2012, and collecting such assessments on
the same bill as ad valorem taxes.
Section 8. Notice of Publication. That 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 20,2012, in substantially the form attached to this Resolution.
Section 9. Notice by Mail. That the Director of Finance shall provide information on
the public hearing and the "not to exceed" rate to the Broward County Property Appraiser's
Office to be included in the TRIM (Truth in Millage)Notice which will serve as first class notice
as required by the Ordinance.
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Section 10. Severability. If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part
or application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 11. Conflict. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 12. Effective Date. That this Resolution shall be in force and take effect
immediately upon its passage and adoption.
PASSED and ADOPTED on August 1, 2012.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS: �AD's PlggrGr�
THO J. S RO
CITY ATTORNEY
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SOLID WASTE SERVICE ASSESSMENTS
Notice is given that the City Commission of the City of Dania Beach will conduct a
public hearing to consider reimposing Solid Waste Service Assessments for the Fiscal Year
beginning October 1, 2012, against certain improved residential properties located within those
incorporated areas of the City of Dania Beach.
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 $271.68. Unimproved properties, mobile home parks, apartments with four
or more 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 reimposing 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's Department of Finance at (954)
924-6800 Ext. 3672, Monday through Friday between 9:00 a.m. and 4:00 p.m.
The above special assessments will be collected on the ad valorem tax bill to be mailed in
November 2012, 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 (ownership) of one's real property. 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 6:00 P.M. ON SEPTEMBER 12, 2012, IN
THE CITY COMMISSION CHAMBER OF CITY HALL, 100 WEST DANIA BEACH
BOULEVARD, DANIA BEACH, FLORIDA, FOR THE PURPOSE OF RECEIVING PUBLIC
COMMENT ON ALL OF THE PROPOSED ASSESSMENTS. All 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 a person decides to appeal any decision made by the City
Commission with respect to any matter considered at the hearing, such person will need a record
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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 special accommodation or an interpreter to participate in
this proceeding should contact the City Clerk's office at (954) 924-6800 Ext. 3624, at least two
days prior to the date of the hearing.
CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA
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