INTERDEPARTMENTAL
M E M O R A N D U M
To: Chairman and Board of Supervisors
North Lauderdale Water Control District
From:
By:
Brian K. Raducci, Finance
Director
Date: June 28, 2006
Subject: Preliminary
Water Control District Rate Resolution
Attached for your consideration is the
Administration’s proposed Preliminary Rate Resolution for the North Lauderdale
Water Control District (District).
As you are aware, the
Florida Legislature enacted House Bill (H.B.) 1043 in 2005, which was approved
by the Governor on June 13, 2005. This
bill amended, reenacted, repealed and codified all previous Chapters relating
to the District. H.B. 1043 also revised
the District’s boundaries to be the same as the City’s, confirmed the District’s
authority to levy non ad-valorem special assessments and provided for several
other administrative matters.
As discussed during this evening’s workshop, the
Administration recommends increasing the assessment rate from $32.37 to $55.15 (rate
was last increased in fiscal year 2001-02) for the coming 2005-06 fiscal year. This increase will provide the revenue to
support increasing operational costs as well as a principal payment of $200,000
of the temporary $1M General Fund loan that resulted from clean-up efforts
after Hurricane Wilma.
During the coming year, staff plans to continue
their efforts in eliminating evasive species of aquatic growth in the canals
and lakes and maintain water flows. The
District has and will continue to work closely with Code Enforcement to address
violations of illegal dumping of debris that may have impeded the flow of water
without the involvement of the City and to continue our attempt to find a cost
effective means to identify canal bank erosion issues.
Recommendation:
The Administration recommends the Board of
Supervisors’ consideration and approval of the attached preliminary rate
resolution relating to the provision of water control and drainage services,
facilities and programs (the “Water Management System”) within the geographical
boundaries of the District; establishing the estimated assessment rate for
water management system assessments for the fiscal year beginning October 1,
2006; directing the preparation of an assessment roll; authorizing a public
hearing and directing the provision of notice thereof.
RESOLUTION
NO.
A RESOLUTION
OF THE NORTH LAUDERDALE WATER CONTROL DISTRICT, RELATING TO THE PROVISION OF
WATER CONTROL AND DRAINAGE SERVICES, FACILITIES AND PROGRAMS (THE “WATER
MANAGEMENT SYSTEM”) WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE DISTRICT;
ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR WATER MANAGEMENT SYSTEM
ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006; DIRECTING THE
PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Florida Legislature enacted Chapter 63-661, Laws of Florida,
as amended, which created the North Lauderdale Water Control District
(“DISTRICT”) and authorized the imposition of a Water Management System
Assessments to fund water control and drainage services, facilities, and
programs within the DISTRICT;
WHEREAS, in 1997, the Florida Legislature enacted House Bill 1875 which
amended Chapter 63-661, Laws of Florida, as amended, converting the DISTRICT
into a “dependant district” as defined in section 189.4041, Florida Statutes;
and
WHEREAS, in 2005, the Florida Legislature enacted House Bill 1043, which was
approved by the Governor on June 13, 2005, which amended, reenacted, repealed
and codified all previous Chapters relating to the North Lauderdale Water
Control District, revised the boundaries and authority of the DISTRICT, confirmed
the authority of the DISTRICT to levy non ad valorem special assessments, and
provided for several other administrative matters; and,
WHEREAS, as a result of House Bill 1043, the boundaries of the DISTRICT
now includes all property that benefit from the Water Management System
operated by the DISTRICT, and therefore can be assessed for the benefits those
properties receive from the Water Management System; and,
WHEREAS, the DISTRICT is authorized to impose non-ad valorem special
assessments pursuant to section 189.4065, Florida Statutes, and the Special
Acts; and
WHEREAS, the Board of Supervisors of the DISTRICT finds that the cost of
operation for the Water Management System in the DISTRICT during fiscal year 2006-2007
will be $624,629.00; and
WHEREAS, it is fair and reasonable to impose a non-ad valorem special
assessment upon specially benefited property within the DISTRICT to fund a
portion of the costs of the Water Management System (Water Management
Assessment Costs) in the DISTRICT; and,
WHEREAS, the Board of Supervisors determines that such operations,
repairs and maintenance of the Water Management System are uniformly required
within all Units of the DISTRICT, as each is connected and receive equal
benefit through the operations and maintenance of the DISTRICT'S Water
Management System; and
WHEREAS, the Board of Supervisors for the DISTRICT finds that there are 11,326
Units within the DISTRICT.
NOW, THEREFORE, BE IT RESOLVED
BY THE DISTRICT:
SECTION 1. RECITALS. The aforementioned WHEREAS clauses are hereby ratified and
confirmed as true and correct, and incorporated herein.
SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions of Chapter
63-661, as amended by Chapter 82-273, Laws of Florida, Chapter 94-428, Laws of
Florida, House Bill 1875 (adopted in 1997), House Bill 1043 (adopted in 2005), (collectively,
the “Special Acts”), Chapters 189 and 298, Florida Statutes, and other
applicable provisions of law.
SECTION 3. PURPOSE AND
DEFINITIONS.
This Resolution constitutes the Preliminary Rate Resolution which
initiates the annual process for imposing the annual special assessments, as
authorized in the SPECIAL ACTS and Chapter 189, Florida Statutes, updates the
Assessment Roll and directs the re-imposition of Water Management System Assessments
for the Fiscal Year beginning October 1, 2006.
All capitalized words and terms not otherwise defined herein shall have
the meetings set forth in the SPECIAL ACTS, and Chapters 189 and 197, Florida
Statutes. Unless the context indicates
otherwise, words imparting the singular number include the plural number, and
vice versa.
SECTION 4. PROVISION AND
FUNDING OF THE DISTRICT’S WATER MANAGEMENT SYSTEM.
(A) Upon the imposition of
Water Management System Assessments for water control and drainage services,
facilities, and programs against Assessed Property located within the DISTRICT,
the DISTRICT shall provide a Water Management System as provided in the SPECIAL
ACTS to such Assessed Property. The
Assessed Costs for the Water Management System include a portion of any and all
costs associated with providing such Water Management System within the
DISTRICT, as described in the SPECIAL ACTS.
(B) It is hereby
ascertained, determined and declared that each assessable unit located within
the DISTRICT will be benefited by the DISTRICT’S provision of a Water
Management System in an amount not less than the Water Management System
Assessment imposed against such unit, computed in the manner set forth herein,
and in the SPECIAL ACTS and Chapters 189 and 286, Florida Statutes.
SECTION 5. IMPOSITION AND
COMPUTATION OF WATER MANAGEMENT SYSTEM ASSESSMENTS. Water Management System Assessments
shall be imposed upon all assessable units within the District. Water
Management System Assessments shall be computed in the manner set forth in the
SPECIAL ACT.
SECTION 6. LEGISLATIVE
DETERMINATIONS OF SPECIAL BENEFIT, FAIR APPORTIONMENT, AND PARCEL APPORTIONMENT
METHODOLOGIES.
(A) Special Benefit: The findings set forth in the SPECIAL ACT,
regarding the necessity for the DISTRICT’S Water Management System, are
incorporated herein, and provide the requisite special benefit and logical
relationship between the Water Management System and real property so as to
permit the Water Management System to be funded by non-ad valorem special
assessment.
(B) Fair and Reasonable
Apportionment: It is fair and
reasonable to equally apportion the Assessed Costs of the Water Management
System upon the assessed units, as each assessed unit receives equal benefits
from the DISTRICT’S Water Management System, and the amount of the assessment
on each of the assessed units does not exceed the benefits received by each
assessed unit from the DISTRICT’S Water Management System.
(C) Units: Assessable Units shall be calculated on
a per acre basis. Each tract or parcel
of land within the DISTRICT that is less than one acre shall be assessed as one
full acre (one unit). Each tract or
parcel of land of more than one (1) acre, which contains a fraction of an acre,
shall be assessed at the nearest whole number of acres, a fraction of one-half
(1/2) acre or more shall be assessed as a full acre.
SECTION 7. DETERMINATION OF
WATER MANAGEMENT SYSTEM ASSESSED COSTS; ESTABLISHMENT OF ANNUAL WATER
MANAGEMENT SYSTEM ASSESSMENT RATES.
(A) The Water Management
System Assessed Costs to be assessed and apportioned among benefited parcels
pursuant to the Cost Apportionment for the Fiscal Year commencing October 1, 2006,
is $624,629,00. The Assessable Unit
Apportionment for the Fiscal Year commencing October 1, 2006, is $55.15 per Unit. The approval of the Estimated Water
Management System Rate Schedule by the adoption of this Preliminary Rate
Resolution determines the amount of the Water Management System Assessed Costs. The remainder of such Fiscal Year budget for
water control and drainage services, facilities, and programs shall be funded
from available DISTRICT revenue other than Water Management System Assessment
proceeds.
(B) The estimated Water
Management System Assessments specified herein are hereby established to fund
the costs of the Water Management System to be assessed in the Fiscal Year
commencing October 1, 2006.
(C) The estimated Water
Management System Assessments established in this Preliminary Rate Resolution
shall be the estimated assessment rates applied by the Broward County Property
Appraiser in the preparation of the updated Assessment Roll for the Fiscal Year
commencing October 1, 2006 as provided in this Preliminary Rate Resolution.
SECTION 8. ANNUAL ASSESSMENT
ROLL.
(A) The Broward County Property
Appraiser is hereby directed to prepare, or cause to be prepared, an updated
Assessment Roll for the Fiscal Year commencing October 1, 2006, in the manner
provided herein and Section 197.3632, Florida Statutes. The updated Assessment Roll shall include all
units within the DISTRICT. The Broward
County Property Appraiser shall apportion the estimated Water Management System
Costs to be recovered through Water Management System Assessments in the manner
set forth in this Preliminary Rate Resolution. A copy of this Preliminary Rate Resolution,
the SPECIAL ACT, and the updated Assessment Roll shall be maintained on file in
the office of the Agency Clerk of the DISTRICT and open to public inspection. The foregoing shall not be construed to
require that the updated Assessment Roll proposed for the Fiscal Year beginning
October 1, 2006, be in printed form if the amount of the Water Management
System Assessment for each parcel of property can be determined by the use of a
computer terminal available to the public.
(B) It is hereby
ascertained, determined, and declared that the method of determining the Water
Management System Assessments for water control and drainage services as set
forth in the SPECIAL ACTS and this Preliminary Rate Resolution is a fair and
reasonable method of apportioning the Water Management System Assessed Cost
among units of Assessed Property located within the DISTRICT.
SECTION 9. AUTHORIZATION OF
PUBLIC HEARING.
There is hereby established a
public hearing to be held at 5:30 p.m. on September 13, 2006, in City
Commission Chambers of North Lauderdale City Hall, 701 Southwest 71st Avenue,
North Lauderdale, Florida, at which time the Board of Supervisors of the
DISTRICT will receive and consider any comments on Water Management System
Assessments from the public and affected property owners and consider imposing
Water Management System Assessments for the Fiscal Year beginning October 1, 2006
and conducting the assessments on the same bill as non ad valorem taxes.
SECTION 10. NOTICE BY
PUBLICATION.
The Clerk of the Board of Supervisors shall publish notice of the public
hearing authorized by Section 9 of this Preliminary Rate Resolution in the
manner and time provided in section 197.3632(4)(b), Florida Statutes. The notice shall be published no later than
August 23, 2006, in substantially the form attached hereto as Appendix A.
SECTION 11. NOTICE BY MAIL. The Broward County Property Appraiser shall ensure that proper
and timely notice is provided to the Owners of Assessed Property through the
use of the TRIM notices forwarded by the Property Appraiser’s Office to
Property Owners within the DISTRICT in a manner consistent with the
requirements of section 197.3635, Florida Statutes.
SECTION 12. APPLICATION OF
ASSESSMENT PROCEEDS. Proceeds derived by the DISTRICT
from the Water Management System Assessments will be utilized for the provision
of water control and drainage services, facilities, and programs as authorized
in the SPECIAL ACT. 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 water control and drainage services,
facilities, and programs.
SECTION 13. EFFECTIVE DATE.
This Preliminary Rate Resolution shall take effect immediately
upon its passage and adoption.
PASSED, ADOPTED, AND APPROVED THIS 28th
DAY OF JUNE, 2006
RICH MOYLE,
CHAIRPERSON
APPROVED
AS TO FORM: JACK BRADY, SECRETARY
SAMUEL S. GOREN
DISTRICT ATTORNEY
ATTEST:
C. MILLI DYER, CLERK TO THE
BOARD OF SUPERVISORS
H:\1996\960445\RESO\2006 Preliminary Rate
Resolution.doc
FORM OF NOTICE TO BE
PUBLISHED
To Be Published no later than August 23, 2006
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF WATER MANAGEMENT SYSTEM
ASSESSMENTS
Notice
is hereby given that the Board of Supervisors for the North Lauderdale Water
Control District will conduct a public hearing to consider re-imposing a Water
Management Special Assessment for the operation, management and maintenance of
the District’s Water Management System within the geographical boundaries of
the North Lauderdale Water Control District.
The
hearing will be held at 5:30 p.m., on September 13, 2006, in the City
Commission Chambers,
The
assessment for each parcel or tract of property will be based upon the total
number of assessable units attributed to that parcel or tract, at the amount of
$55.15 per assessable Unit. Each parcel
or tract of less than one acre will be assessed as a full acre, and any parcel
or tract of more than one acre, which contains a fraction of an acre, shall be
assessed at the nearest whole number of acres, a fraction of one-half (1/2)
acre or more to be assessed as a full acre.
Copies
of The Special Acts related to the North Lauderdale Water Control District, the
Preliminary Rate Resolution initiating the annual process of updating the
Assessment Roll and re-imposing the Water Management System Assessments, and
the preliminary Assessment Roll for the upcoming fiscal year are available for
inspection at the Office of the Clerk of the Board of Supervisors of the North
Lauderdale Water Control District, through the Office of the North Lauderdale
City Clerk’s Office, City Hall, located at 701 Southwest 71st Avenue, North
Lauderdale, Florida.
The
assessments will be collected on the ad valorem tax bill to be mailed in
November 2006, 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.
If
you have any questions, please contact the Finance Director of the North
Lauderdale Water Control District, through the Office of the City of North
Lauderdale Finance Department at (954) 724-7072, Monday through Friday between
8:00 a.m. and 5:00 p.m.
C.MILLI DYER
CLERK OF THE BOARD OF SUPERVISORS OF THE NORTH
LAUDERDALE WATER CONTROL DISTRICT