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HomeMy WebLinkAboutR-2023-099 Stormwater Assessment FeeRESOLUTION NO.2023-" 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, 2023; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach, Florida, 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 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, 2023; and WHEREAS, the City Commission, on July 11, 2023, adopted a preliminary rate of $160.00 per ERU ("Equivalent Residential Unit"), 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 re -impose Stormwater Assessments for the Fiscal Year beginning October 1, 2023, 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 13, 2023, and comments and objections of all interested parties 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 of the 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 Resolution No. 103-96 and Resolution No. 116-96) and an action which approved the Preliminary Rate on July 11, 2023, taken by the City Commission. Section 3. Imposition and Re -imposition of Stormwater Assessments. (A) The tax parcels of property described in the Stormwater Assessment Roll, as updated, which are approved, are 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 it is incorporated by this reference. It is ascertained, determined, and declared that: (1) the most prudent approach under the timeframes for this year's budget process is to simply adopt the rates and roll information from last year, and (2) direct and authorize 2 RESOLUTION #2023- " that the City Finance and Public Works officials to promptly determine a means to update this Stormwater Assessment or fee regime to be more equitable and proportional as soon as practicable under the circumstances, and (3) then advise and seek further direction from the City Commission early in 2024. In any event, (4) before adoption or any changes are made in the future, notice shall be published and mailed to all affected property owners which includes a time, date, and place for a public hearing conducted by the City, well before July of 2024, for consideration of changes in the 2024-25 fiscal year budget related to this annual revenue source. The estimated gross revenue (as so reduced by this resolution from that noticed earlier this summer) to be derived from the imposition of Stormwater Assessments at the rate of $60.00 per ERU is $3,218,424. 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 and this 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 from last year, and this Resolution. (B) The method for computing Stormwater Assessments described or referenced in the Preliminary Rate Resolution, as amended by this Resolution, inclusive of the Mitigation Credit Policy adopted in 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 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 3 RESOLUTION #2023-42- B 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. (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, as herein modified to roll back to last year's roll and rates, 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 as directed to be modified herein under the circumstances 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 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 Resolution shall become effective upon its passage and adoption. THIS SPACE INTENTIONALLY LEFT BLANK 4 RESOLUTION #2023- PASSED and ADOPTED on � �1 '�' / � '1 52023. Motion by (. ,Iwlt ti 4 '4 ; e Iasi , second by !`t`t4Ml '6e' (' " \CLMC . FINAL VOTE ON ADOPTION: Commissioner Joyce Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen% Mayor Archibald J. Ryan IV ATTEST: r 7 ELORA C LL CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: $I V A. B UTSIS IT ATTORNEY MAYOR IV RESOLUTION #2023-