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HomeMy WebLinkAbout2005-09-14 Public Hearing Proposed FY 05-06 Budget City Commission Meeting Agenda PacketAGENDA DANIA BEACH CITY COMMISSION PUBLIC HEARING - PROPOSED FY 05-06 BUDGET WEDNESDAY, SEPTEMBER 14, 2005 - 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 PROCEEDINGS, 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 NO. 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 LOUISE STILSON, CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004, (954) 924-3622, 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. PROPOSED MILLAGE AND BUDGET 2005/2006 4. RESOLUTION #2005-142 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 2005-06 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO WILL BE HEARD AND QUESTIONS CONCERNING SAME WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 5. RESOLUTION #2005-143 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 2005-06; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO WILL BE HEARD AND QUESTIONS Dania Beach City Commission Agenda — 1" Budget Public Hearing Wednesday, September 14, 2005 — 7:00 p.m. Page 2 of 2 CONCERNING SAME WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6. RESOLUTION #2005-144 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, 2005; APPROVING THE RATE OF ASSESSMENT; APPROVING- THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. 7. RESOLUTION #2005-145 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, 2005; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. S. RESOLUTION #2005-146 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, 2005; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. LZ RESOLUTION NO. 2005-142 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 2005-06 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO WILL 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 thereto will 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, 2005, and ending September 30, 2006, 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 was authorized; and WHEREAS, the City has issued a General Obligation Bond in the amount of $6,800,000 with the exception of the Library project in the amount of $3,500,000, and the City will be levying a debt millage equal to .20 mills towards the payment of principal and interest issued by the City in 2005; 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 6.39 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 5.6698 mills; and mills; WHEREAS, the proposed millage is 12.70 % more than the "rolled back rate" of 5.6698 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 2 RESOLUTION #2005-142 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: FOR OPERATING BUDGET: (GENERAL MUNICIPAL MILLAGE) 6.39 MILLS Section 2. That the proposed millage rate is 12.70% more than 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 0.20 Mills in accordance with the provisions pursuant to Chapter 200, Florida Statues. Section 4. That the City's aggregate millage rate is 6.59 Mills (6.39 Mills for operating and 0.20 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 Wednesday, September 21, 2005, 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. Section 7. That this Resolution shall take effect and be in force immediately upon its passage and adoption. 3 RESOLUTION #2005-142 PASSED AND ADOPTED on ATTEST: LOUISE STILSON CITY CLERK 2005. ANNE CASTRO MAYOR -COMMISSIONER ROLL CALL: COMMISSIONER ANTON - COMMISSIONER BERTINO - COMMISSIONER MCELYEA - VICE -MAYOR FLURY - MAYOR CASTRO - APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 11 RESOLUTION #2005-142 RESOLUTION NO. 2005-143 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 2005-06; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO WILL 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 thereto will 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 therein an estimate of the expenditures and revenues of the City for the ensuing year, beginning October 1, 2005, and ending September 30, 2006, 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 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 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; 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, 2005, and ending September 30, 2006, 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, 2005, and ending September 30, 2006. 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 2005-06 budget is automatically amended to reappropriate encumbrances, outstanding contracts, capital projects reserved or unexpended from Fiscal Year 2005, 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 Wednesday, September 21, 2005, 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 2 RESOLUTION #2005-143 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 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 , 2005. ANNE CASTRO MAYOR -COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - COMMISSIONER BERTINO - LOUISE STILSON COMMISSIONER MCELYEA- CITY CLERK VICE -MAYOR FLURY - MAYOR CASTRO- APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION #2005-143 EXHIBIT "A" GENERAL FUND Account Description FY 2006 Proposed Mayor and Commission 310,603 City Manager Office 434,574 Information Services 372,550 Human Resources 466,881 City Attorney 787,028 Code Enf & Planning 1,492,635 Building 926,128 City Clerk 289,888 Finance 619,914 General Admin 5,007,460 Cemetery 106,716 Police 8,221,490 Fire Rescue 8,292,474 Solid Waste Division 1,607,900 Public Services Administration 199,916 Construction & Mtn. Div 267,751 Fleet Management 112,854 Parks Maintenance 350,580 Streets 1,495,117 Recreation Administration 729,657 Beach 565,114 C.W. Thomas Park 37,852 I.T. Parker Center 64,186 Frost Park 108,443 PJ Meli Aquatic Center 196,150 PJ Meli Park 23,160 Summer Program 114,762 IN ,cud{ l RESOLUTION #2005-143 CAPITAL PROJECTS FUND Department Projects FY 2006 ,. „ 14 City Manager City Hall Expansion 1,466,640 ADA Transition Plan.. 80,300 Fire Fire Station 93/Police Sub -Station 1,650,000 Replacement/Refurbishment Fire Res Vehicles 150,000 Beach Beach Improvements 387,500 ,.. / , s._ 11 /: � y Parks & Recreation Site #449 Resource Mgmt & Conceptual Plan 100,000 Recreation Center, S.W. Section 300,000 Recreation Center, C.W. Thomas Park 925,000 Parking at C.W. Thomas Park 40,000 Laser Grade & Resod 180,000 Concrete Poles at Frost Park 40,000 Overhang roof on patio areas - Frost Park 65,000 Frost Park/Renovation of West Building 109,000 I.T. Parker Renovations 96,000 Linear park 500,000 Chester Byrd Playground 65,000 Replace Playground Equipment - Malaleuca 50,000 Meli Park Recreation Bldg. Improvement 325,000 Replace Sporting Light Poles at PJ Meli 48,000 Marina Park 269,050 Public Services Annexation Lighting Program 86,562 Public Services Complex 650,000 Main Corridors Landscape 70,000 Neigh. Imp.: Traffic Calming/lighting/sidewalk 1,000,000 Garage Fleet Tandem Viba Roller 30,000 Sub -Total 8,683,052 y • ,,, n c � , t ,,.. r .,, a .Ad Project Management for Pier Restaurant 40,000 Debt Service 969,469 5 RESOLUTION #2005-143 WATER FUND Account Description FY 2006 Proposed Water Administration 921,525 Water Accounting 164,743 Water Distribution 2,277,755 Water Plant 6,351,036 b t ?G` Yr j:, '' t ,,y P S '4a p •FFt';ti .�i'A.r'RY1R K,y0 RUN r;ll, X SEWER FUND Account Description FY 2006 Proposed Sewer Administration 720,425 Sewer Accounting 137,075 Sewer Collection 3,436,529 -0*Y b xY 77777 STORMWATER FUND Account Description FY 2006 Proposed Stormwater Operations 775,263 RESOLUTION #2005-143 OTHER FUNDS Debt Service Fund: $626,375 (include G.O. Bond Debt Service) Tree Preservation Fund: $26,653 RESOLUTION #2005-143 RESOLUTION NO. 2005-144 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, 2005; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING 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, 2005; and WHEREAS, the City Commission, on August 1, 2005, adopted Resolution No. 2005- 108 (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, 2005, 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 heretofore 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 was held on September 14, 2005, 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. 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. 2005- 108; Article V111, Section 2, Florida Constitution; sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law. 2 RESOLUTION #2005-144 Section 2. Definitions and Interpretation. This resolution constitutes the 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. Section 3. Reimposition of Fire Rescue Assessments. (A) The parcels of Assessed Property described in the Assessment Roll, as updated, which is hereby approved, are hereby 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 is incorporated herein by reference. It is hereby 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. 3 RESOLUTION #2005-144 (B) The method for computing Fire Rescue Assessments described or referenced in the Preliminary Rate Resolution is hereby 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 hereby approved. (C) For the Fiscal Year beginning October 1, 2005, the estimated Fire Rescue Assessed Cost to be assessed is $2,353,956. 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, 2005, are hereby established as follows: RESIDENTIAL Rate Per Dwelling Unit PROPERTY USE CATEGORIES Residential $96.64 NON- Vacant Per RESIDENTIAL Acreage $56 PROPERTY USE Building CATEGORIES classification (in square footage Industrial/ Hotel/ range) Commercial Assembly Warehouse Educational Motels Medical < 1,999 $217 $545 $35 $145 $223 $761 2,000 - 3,499 $435 $1.089 $70 $291 $646 $1,521 3,500-4,999 $761 $1,907 $123 $508 $1,130 $2,662 5,000 - 9,999 $1,087 $2,724 $176 $726 $1,614 $3,803 10,000 - 19,999 $2,1.73 $5,447 $352 $1,453 $3,228 $7,607 20,000 - 29,999 $4,347 $10,894 $704 $2,905 $6,455 $15,214 30,000 - 39,999 $6,520 $16,342 $1,056 $4,358 $9,683 $22,820 40,000 - 49,999 $8,693 $21,789 $1,408 $5,810 $12,911 $30,427 > 50,000 $10,867 $27,236 $1,760 $7,263 $16,138 $38,034 4 RESOLUTION #2005-144 (D) The above rates of assessment are hereby approved. Fire Rescue Assessments for fire rescue services, facilities, and programs in the amounts set forth in the updated Assessment Roll, as herein approved, are hereby levied and reimposed on all parcels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2005. (E) No Fire Rescue Assessment shall be imposed upon a parcel whose use 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 herein. (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 herein 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. The Preliminary Rate Resolution is hereby confirmed. Section 5. Effect of Adoption of Resolution. 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 Fire Rescue Assessments), unless proper steps shall be initiated in a court of 5 RESOLUTION #2005-144 competent jurisdiction to secure relief within 20 days from the date of this Annual Rate Resolution. Section 6. Severability. 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. Effective Date. This Annual Rate Resolution shall take effect immediately upon its passage and adoption. PASSED and ADOPTED on ATTEST: LOUISE STILSON CITY CLERK )2005. ANNE CASTRO MAYOR -COMMISSIONER ROLL CALL: COMMISSIONER ANTON - COMMISSIONER BERTINO - COMMISSIONER MCELYEA - VICE -MAYOR FLURY - MAYOR CASTRO — APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY Cel RESOLUTION #2005-144 WE RESOLUTION NO. 2005-145 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, 2005; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING 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, 2005; and WHEREAS, the City Commission, on August 1, 2005, adopted Resolution No. 2005-109 (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, 2005, 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 heretofore been made available for inspection by the public, as required by the Ordinance; and 2 RESOLUTION #2005-145 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 14, 2005, 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. 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. 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 hereby approved, are hereby 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 3 RESOLUTION #2005-145 and is incorporated herein by reference. It is hereby 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 hereby approved. (C) For the Fiscal Year beginning October 1, 2005, 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 $237.67 for each Dwelling Unit is hereby 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 herein approved, are hereby 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 herein. 4 RESOLUTION #2005-145 (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 herein 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. The Preliminary Rate Resolution is hereby confirmed. SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. 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 secure relief within 20 days from the date of this Annual Rate Resolution. SECTION 6. EFFECTIVE DATE. This Annual Rate Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED on , 2005. ANNE CASTRO MAYOR—COMISSIONER 5 RESOLUTION #2005-145 ATTEST: LOUISE STILSON CITY CLERK ROLL CALL: COMMISSIONER ANTON - COMMISSIONER BERTINO - COMMISSIONER MCELYEA - VICE -MAYOR FLURY - MAYOR CASTRO - APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY RESOLUTION #2005-145 U71 RESOLUTION NO. 2005-146 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, 2005; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING 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, 2005; and WHEREAS, the City Commission, on August 1, 2005, 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, 2005, 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 heretofore 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 14, 2005, and comments and objections of all interested persons have been 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. Authority. 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. Definitions and Interpretation. 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 2 RESOLUTION #2005-146 Resolution No. 103-96 and Resolution No.116-96) and an action approved the Preliminary Rate on August 1, 2005, 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 hereby approved, are hereby 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 is incorporated herein by reference. Within same is ascertained, determined and declared the estimated revenue to be derived from the imposition of Stormwater Assessments at the rate of $23.00 per ERU. 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. (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 hereby approved. (C) Based upon the rates of assessment approved herein, 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. 3 RESOLUTION #2005-146 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. Said 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. (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. Confirmation of Preliminary Annual Rate Resolution. The Preliminary Rate Resolution is hereby confirmed. Section 5. Effect of Adoption of Resolution. The adoption of this Annual Stormwater Assessment Resolution shall be the final adjudication of the issues presented 4 RESOLUTION #2005-146 (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 this Annual Stormwater Assessment Resolution. Section 6. Effective Date. This Annual Stormwater Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED and ADOPTED on , 2005. ATTEST: LOUISE STILSON CITY CLERK ANNE CASTRO MAYOR -COMMISSIONER ROLL CALL: COMMISSIONER ANTON - COMMISSIONER BERTINO - COMMISSIONER MCELYEA - VICE -MAYOR FLURY - MAYOR CASTRO - APPROVED AS TO FORM AND CORRECTNESS: IA THOMAS J. ANSBRO CITY ATTORNEY 5 RESOLUTION #2005-146