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HomeMy WebLinkAboutReso 2007-1115 RESOLUTION NO. 2007-J1.J5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DECLARING THE CITY'S INTENT TO IMPOSE NON-AD VALOREM SPECIAL ASSESSMENTS ON PROPERTY ON ATLANTIC ISLE BENEFITED BY THE CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS; PROVIDING AN ESTIMATE OF THE COST OF SUCH SANITARY SEWER IMPROVEMENTS AND THE PORTION OF SUCH COSTS TO BE INCLUDED IN THE SPECIAL ASSESSMENTS; DESIGNATING THE LANDS TO BE ASSESSED; PROVIDING THE MANNER AND TIME OF PAYMENT OF SPECIAL ASSESSMENTS; PROVIDING THAT, UPON ADOPTION, SUCH SPECIAL ASSESSMENTS SHALL BE A LIEN Ul'ON THE PROPERTY ASSESSED; PROVIDING FOR THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR CERTAIN DOCUMENTS AND INFORMATION TO BE AVAILABLE AT THE OFFICE OF THE CITY CLERK FOR PUBLIC INSPECTION; PROVIDING FOR PUBLICATION OF THIS RESOLUTION BY THE CITY CLERK; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission (the "Commission") of the City of Sunny Isles Beach, Florida (the "City") is contemplating the imposition of special assessments to fund the cost of providing sanitary sewer improvements to benefit and serve properties located on Atlantic Isles; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Decimation of Intent to Impose Special Assessment. The City of Sunny Isles Beach, Florida intends to construct improvements benefiting property on Atlantic Isle (also known as Atlantic Island). The improvements contemplated by the City include sanitary sewer, pavement restoration of Atlantic A venue, water main improvements, drainage improvements, and under grounding of existing utilities. The total estimated cost of these public improvements is over $4,000,000, with $2,018,823.40 of that total for construction of the sanitary sewer improvements and associated pavement restoration, All of these improvements provide substantial and special benefit to properties on Atlantic Isle, but the City intends to levy non-ad valorem special assessments to fund only $1,009,000, not including interest, of the sanitary sewer improvements and associated road restoration costs. The remaining costs of the public improvements will be funded by the City from other lawfully available levenue or by other entities. Res Declaring Atlantic Isles Assessments 6-] 4-07 REVISED 2 (2).DocPage 1 of 3 Section 2. Estimated Cost of Public Improvements. The City hereby declares its intent to construct sanitary sewer improvements to provide sanitary sewer service to property on Atlantic Isle. Such improvements include, but are not limited to, collection lines, force main, laterals, pump station, associated road restoration and other associated improvements, at an estimated cost of $2,0 I 8,823.40. Section 3. Benefited Area, The City hereby determines that the levy of non-ad valorem special assessments is needed to fund a portion of the cost of providing necessary sanitary sewer improvements that provide special benefit to property on Atlantic Isle. The City intends to impose a special assessment on all lots and lands on Atlantic Isle specially benefited by the sanitary sewer improvements through the provision of sewer lateral connections. The sanitary sewer improvements will provide special benefit to all lots and lands on Atlantic Isle capable of being served by the sanitary sewer improvements. Each lateral sewer connection that will provide or is capable of providing sanitary sewer service to the assessed property shall be the measure of benefit, or Benefit Unit, used to calculate the special assessments for each benefited parcel. The special benefit provided by the sanitary sewer improvements is hereby determined to be equivalent to the number of lateral sewer connections constructed for each lot or parcel. Section 4, Collection of Special Assessments, The City intends to impose non-ad valorem special assessments on all benefited property on Atlantic Isle for assessed costs of $1,009,000, not including interest, which is only a portion of the cost of the sanitary sewer improvements. The assessed costs of $1,009,000, not including interest, shall be collected through special assessments imposed by the City for the sanitary sewer improvements. The special assessments shall be payable in twenty-five (25) annual installments financed at 5% annual interest with the initial payment to be billed after completion of the planned sanitary sewer improvements anticipated in late 2007 or early 2008. The assessment may be billed by the City directly to each property owner or may be included in the annual property tax bill pursuant to the Uniform Assessment Collection Act. Subsequent installments of the special assessment shall be due annually. The special assessment, including interest acerued to date, may be prepaid in full at any time after construction of the improvements. Section 5. Lien Upon Propertv. Upon adoption of the Final Assessment Roll, after an advertised and noticed equalization hearing, the special assessment shall attach to the property included on the Final Assessment Roll and shall constitute, and shall lemain until paid, a lien against the assessed property coequal in rank and dignity with the lien of all state, county, district and 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 6. Preparation of Preliminarv Assessment Roll. A preliminary assessment roll for the Atlantic Isle sanitary sewer special assessments shall be prepared for consideration at a hearing on the advisability of making the Atlantic Isle sanitary sewer improvements, the cost of such improvements, the manner of payment of such costs, and the amount to be assessed against each property so improved and benefited by the sanitary sewer improvements. Res Declaring Atlantic Isles Assessments 6-14-07 REVISED 2 (2).DocPage 2 of 3 Section 7. Public Inspection of Documents. At the time of adoption of this Resolution, the following shall be on file with the City Clerk and open to the inspection of the public: an assessment plat as required by See, 170.04, F.S. showing the area to be assessed, with plans and specification for the sanitmy sewer improvements, and an estimate of the cost of the proposed sanitary sewer improvements, including associated road restoration. The assessment plat provided pursuant to this Resolution shall not be considered a plat as defined in Chapter 177, Florida Statutes. Section 8. Directive to the Citv Clerk. Upon adoption of this Resolution, the City Clerk is hereby directed to cause this Resolution to be published once a week for a period of two weeks in a newspaper of general circulation published in Miami-Dade County. This publication may be combined with other notices required under Chapter 170 and Section 197.3632, Florida Statutes. The following shall be on file with the City Clerk and open to the inspection of the public: an assessment plat as required by Sec. 170.04, F.S. showing the area to be assessed, plans and specifications for the sanitalY sewer improvements, and an estimate of the cost of the proposed sanitary sewer improvements, including associated road restoration. Section 9. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this "2,IS+ day of ,.jL\.MS<-. 2007. " , AT.TEST: ", \ ' "~ Jan APPRO~ED AS TO FORM AND LEG SU FICIENCY: Moved by: (1Q)~J^\J~ Goo~1W Seconded by: (')D~ &R~2JJJ Vote: 3-b'~ . Mayor Edelcup - }1Ios:\~ Vice Mayor Thaler Commissioner Brezin Commissioner Goodman ~ Commissioner Iglesias...- ~ _(Yes) ~(Yes) ---.rL:: (Yes) JdYes) _(Yes) (No) _(No) _(No) (No) _(No) Res Declaring Atlantic Isles Assessments 6.14-07 REVISED 2 (2).DocPage 3 of 3 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, CMC, City Clerk MEMORANDUM TO: A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk ~ J-!LJJ~ FROM: Priscilla Walker, CMC, Deputy City Clerk DA TE: June 26, 2007 RE: Declaration of City's Intent to Impose Non-Ad Valorem Special Assessments At its regular meeting of June 21, 2007, the City Commission adopted Resolution No. 2007- 1115, which declared the City's intent to impose non-Ad Valorem special assessments on property in Atlantic Isle. Attached is a copy ofthe approving resolution for your files. Thank you. /pw Attachments cc: Jorge L. Vera, Assistant City Manager/Services Doug Haag, Assistant City Manager/Finance Atlantic Isle Special Assess Declaration Memo City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot. City Attorney Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable City Commission Via: A. John Szerlag, City Manager FROM: Douglas Haag, Assistant City Manager-Finance DATE: June 21, 2007 RE: ATLANTIC ISLE SPECIAL ASSESSMENT DISTRICT RECOMMENDATION: Item R7A Approve the first reading of this ordinance providing for all things necessary for the special assessment for Atlantic Isle. Item lOJ Approve this resolution declaring intent to impose the special assessment, estimated cost, benefit area, collections and liens. Please note that documents pertaining to the special assessment will be available for public inspection in the City Clerk's office beginning Friday, June 22, 2007. These include the following: 1) Copies of the Resolution Declaring the City's Intent to Impose Special Assessments for Atlantic Isle; 2) The proposed Special Assessment Ordinance; 3) Preliminary Assessment Methodology Report; and 4) Plans and specifications for the improvements, including the assessment plat and estimated costs of the improvements. Item lOK Approve this resolution establishing an Equalization Hearing on July 26, 2007 at 6:30PM. Property owners will be mailed a Notice ofPub1ic Hearing no later than June 25, 2007. At this meeting the City Commission will hear testimony from affected property owners regarding the project. Based upon this hearing, the Commission may then approve a Final Assessment Resolution along with the Final Assessment Roll. Page 2 BACKGROUND: The above are the next steps required by Florida Statute to implement the special assessment for Atlantic Isle. Attached is the Methodology Report that further explains the purpose of these items along with a project summary. PROJECT COST AND FUNDING SOURCES The total original estimated project cost to the City is as follows: ,'~ -(" ,I ' ORIGINAL ESTIMATE . , lr ' ";,, ' ..:, ,.>' , , PUBLIC PRIVATE TOTAL " 'f '" ~o '" ,,~~ ," Q , ~ Sanitary Sewer 754,000 754,000 1,508,000 Pavement Restor & Resurf 255,000 255,000 510,000 SUBTOTAL-SAD 1,009,000 1,009,000 2,018,000 Drainage 656,000 656,000 Underground Existing Utilities 780,000 780,000 Street Lighting 240,000 240,000 Water Main 250,000 250,000 Private Sewer Lateral 482,000 482,000 Private Electrical Service 217,000 217,000 TOTAL 2,935,000 1,708,000 4,643,000 The current revised estimated project cost is as follows: , REVISED ESTIMATE ',:.;;'t. :',::~:" ':!~:'. ", 'PUBLIC PRIVATE TOTAL , <;., '. Sanitary Sewer 915,000 915,000 1,830,000 Pavement Restoration 94,000 94,000 188,000 SUBTOTAL-SAD 1,009,000 1,009,000 2,018,000 Drainage 656,000 656,000 Underground Existing Utilities 780,000 780,000 Street Lighting 240,000 240,000 Water main 250,000 250,000 Private Sewer Lateral 482,000 482,000 Private Electrical Service 217,000 217,000 TOTAL 2,935,000 1,708,000 4,643,000 As you can see, the costs have just been reallocated, based on the benefit of having more detailed design specifications at this stage. Page 3 Based on the above, the available funding sources are as follows: $ 979,000 $1,050,000 $ 656.000 $2,685,000 250.000 $2,935,000 20-600-5653 (4.10) 20-600-5656 (2.1 E-F) 20-600-tbd (20.2) Total City Funding Sources MDC-W ASA Total Public Project Cost Please note that since the $1,009,000 in private funding will be repaid over 25 years, this will be funded internally using capital project funds. (The cost of issuing a separate bond issue for this small an amount would be prohibitive)