HomeMy WebLinkAboutR-2024-128 Stormwater Assessment FeeRESOLUTION NO, 2024- IZb
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 1,2024; APPROVING THE RATE OF
ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTTVE DATE.
wIIEREAS, 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 fbr stormwater Management, capital, and administrative services against
property located within the City; and
wHEREAS, the imposition and re-imposition of a stormwater Assessment for each fiscal
year is an equitable and efficient method ofallocating 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 l, 2024 ("Fiscal Year 2024-25"); and
WHEREAS, the city commission, on July 9, 2024, adopted a Resolution establishing a
proposed Stormwater Assessment rate of $120.00 per ERU ("Equivalent Residential Unit") for
Fiscal Year 2024-25, containing and referencing a brief and general description ofthe 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, directing the updating and preparation ofthe Stormwater
Assessment Roll for Fiscal Year 2024-25 and provision of published notice required by the
Stormwater Utility Ordinance and mailed notice only in the event circumstances described in
section 197.3632(4Xa), Florida Statutes, so Iequil e (the "2024 Preliminary Rate Resolution"); and
WHEREAS, in order to re-impose stormwater Assessments for the Fiscal Year beginning
october 1, 2024, 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
theupcomingFiscalYearwithsuchamendmentsastheCityCommissiondeemsappropriate,after
hearing comments and objections ofall interested parties; and
WIIEREAS,theupdatedStormwaterASsessmentRollhaspreviouslybeenmadeavailable
for inspection by the public, as required by the Stormwater Utility Ordinance; and
WHEREAS,noticeofapublichearinghasbeenpublishedandmailedasrequiredbythe
terms ofthe stormwater Utility ordinance, which provides notice to all interested parties of an
opporhrnity to be heard; and
WHEREAS, a public hearing was held on Septemb et 12, 2024' and comments and
objections of all interested parties have been heard and considered as required by the terms ofthe
Stormwater Utility Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Sectionl.Authority.ThisResolutionisadoptedpursuanttotheStormwaterUtility
ordinance, the 2024 Prehminary Rate Resolution, Article vIII, Section 2 of the Florida
Constitution, Sections 166.021 and 166.04l,Florida Statutes, and other applicable provisions of
law.
section 2. Definitions and Interpretation. This Resolution constitutes the Annual
stormwater Assessment Resolution for Fiscal Y eat 2024-25. 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. 1 16-96) and the 2024 Preliminary Rate Resolution'
Section3.ImpositionandRe-impositionofStormwaterAssessments.
(A)TheStormwaterAssessmentRateof$l20perERUisherebyapprovedandadopted
for FiscalY ear 2024-25.
(B)TheStormwaterAssessmentRateforFiscalYear2024-25isherebyapprovedand
adopted.
(C)ThetaxparcelsofpropertydescribedintheStormwaterAssessmentRoll,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 h the 2024
Preliminary Rate Resolution in the amount of the Stormwater Assessment set forth in the updated
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stormwater Assessment Roll for Fiscal Yeat 2024-25, a copy of which was present or available
for inspection at the above referenced public hearing and it is incorporated by this reference lt is
ascertained, determined, and declared that the estimated gross revenue to be derived from the
imposition of stormwater Assessments at the rate of $ 120.00 per ERU is $ 5,801,930.
(D)AdoptionofthisArrnualstormwaterAssessmentResolutionconstitutesa
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 2024 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 2024 Preliminary Rate Resolution.
(E) The method for computing stormwater Assessments described or referenced in the
2024 Prelimirrary Rate Resolution, as amended by this Resolution, inclusive of the Mitigation
Credit Policy adopted in the amended Stormwater Utility Ordinance, is approved'
(F)Basedupontheratesofassessmentapproved,aninterimStormwaterAssessment
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 ofthe annual rate for such property computed in accordance with the Annual Stormwater
Assessment Resolution for the Fiscal Year in which the Certihcate 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 pfoperty 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 Certifi cate of OccuPancY.
(G) 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. The 2024 Preliminary Rate Resolution is hereby ratified and confirmed'
section 5. 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 ofadoption 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.
PASSED AND ADOPTED ON (2024.
Motion by s second by
Unanimous
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
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FINAL VOTE ON ADOPTION:
ATTEST:
ELORA
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
E BO
TTORNEY
ARCHIBALD
MAYOR
IV
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