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Home My WebLink AboutR-2019-068 City, Relating to the Provision of Stormwater Services, Facilities and Programs Within the City; Establishing the not to Exceed Assessment Rate for Stormwater Assessments for the Fiscal Yr RESOLUTION NO. 2019-068 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF STORMWATER SERVICES, FACILITIES AND PROGRAMS WITHIN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE NOT TO EXCEED ASSESSMENT RATE FOR STORMWATER ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019; DIRECTING THE PREPARATION OF RESPECTIVE ASSESSMENT ROLLS; 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, implemented a recurring annual Stormwater Assessment Program to provide funding for the City's stormwater services and facilities; and WHEREAS, the City Public Services Department has developed a program for improving stormwater services within the City that will entail loan financing and grant applications that result in substantial facility improvements, as well as loan repayment costs in the coming years; and WHEREAS, the cost of the City's planned borrowing and stormwater capital improvements will require an increased level of annual funding; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City of Dania Beach to adopt this Preliminary Rate Resolution establishing proposed fees for stormwater assessments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Preliminary Stormwater Assessment rate for the fiscal year beginning October 1, 2019, is established at an equivalent residential unit rate ("ERU") of $40.00. Section 2. That the City Manager is directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing October 1, 2019. Section 3. That there is established a public hearing to be held at 5:01 p.m. on September 12, 2019, in the City Commission Chambers of City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, 33004 at which time the City Commission will receive and consider any comments on the Stormwater Assessments from the public and affected property owners, consider imposing Stormwater Assessments for the Fiscal Year beginning October 1, 2019, and the collection of such assessments on the same bill as ad valorem taxes. Section 4. That the City Clerk shall publish a notice of the public hearing in the local newspaper. The notice shall be published no later than August 23, 2019, in substantially the form attached. Section 5. 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 to serve as first class notice as required by the Ordinance no later than August 2, 2019. Section 6. That proceeds derived by the City from the Stormwater Assessments will be utilized for the provision of stormwater services, facilities, and programs. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund stormwater services, facilities, and programs. 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 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 9. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on July 30, 2019. ATTEST: Q�ep BF,4� o ti THOMAS SCHNEIDER, CMC LORI L ELLEN CITY CLERK Is MAYOR gHEO APPROVED AS O FORM AND CORRECTNESS: THOM S J.-ANtPRO CITY ATTORNEY 2 RESOLUTION#2019-068 STORMWATER SPECIAL ASSESSMENTS Notice is given that the City Commission of the City of Dania Beach will conduct a public hearing to consider re-imposition of stormwater assessments for the provision of stormwater management services within the City of Dania Beach for the Fiscal Year beginning October 1, 2019. The stormwater assessments are based on two components — the impervious area of the property and the percentage of impervious area as compared to the median single family home. Both variables are required to determine the appropriate amount of stormwater runoff generated by impervious surface on each parcel of property. Impervious surfaces include roof tops, patios, driveways, parking lots and similar areas. The City has determined that the median single-family residence in the City includes 1,720 square feet of impervious surface on a median lot size of 6,500 square feet, which is defined as one "equivalent residential unit" or "ERU" and has an impervious factor of 0.26. The annual stormwater assessment rate for the upcoming fiscal year will be $40.00 for each ERU. Since verifying the impervious surface for each single-family residence in the City is a practical impossibility, all single-family residences have been assigned one ERU. Mobile homes on owner-occupied lots in mobile home parks have been assigned one- half ERU. All other properties have been calculated individually as follows: • For condominiums, the total impervious area (TIA) is calculated for the condominium community, including parking and association property. The total area (TA) encompassed by the development is determined as follows: ((TIA/1720)x (TIA/(0.26 x TA))/number of units in complex; • While vacant property has no impervious area, it may still contribute to the City's stormwater system, so the assessment is based on the total area (TA). As a result, vacant property assessments are calculated without the operating component as follows: 0.2 x TA/6500; • For mobile home parks, the typical mobile home, driveway, pad and ancillary activities constitute 1300 square feet. Therefore the total impervious area (TIA) for mobile home parks was determined by multiplying the number of potential mobile homes by 1300. The formula is: (1300 x No. of MHs/1720) x (TIA/(0.26 x TA); and • For all other property uses the total impervious area (TIA) is calculated for the property, including parking. The total area (TA) encompassed by the development is also calculated. The assessment is determined as follows: (TIA/l720) x (TIA/(0.26 x TA). 3 RESOLUTION#2019-068 A credit system has been developed for those properties that retain stormwater on site. The policy grants an eighty (80) percent credit to those properties. Properties that cannot benefit in any way from the City's stormwater program are granted 100 percent credits. Copies of the Stormwater Utility Ordinance (Ordinance No. 13-96), the Initial Stormwater Assessment Resolution (Resolution No. 73-96), the Final Stormwater Assessment Resolution (Resolution No. 73-96, as amended by Resolution No. 103-96, and Resolution 116- 96), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and re-imposing the Stormwater Assessments, the proposed amendments to the Stormwater Ordinance and the updated Stormwater 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. 3620 between 9:00 a.m. and 4:00 p.m. The above special assessments will be collected on the ad valorem tax bill (the "Property tax" bill) to be mailed in November, 2019, 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 5:01 P.M. ON SEPTEMBER 12, 2019, 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, to speak at the hearing, and to file written objections with the City Commission within twenty (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 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. 4 RESOLUTION#2019-068