INTERDEPARTMENTAL

M E M O R A N D U M

 

To:                  Chairman and Board of Supervisors

North Lauderdale Water Control District

 

From:              Richard D. Sala, City Manager

 

By:                  Mike Shields, Public Works/Utilities Director

Brian K. Raducci, Finance Director

 

Date:               June 19, 2007

 

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  This bill amended, reenacted, repealed and codified all previous Chapters relating to the District.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 maintaining the prior year assessment rate of $55.15 per Unit.  This rate provides the necessary funding for the District’s operational costs as well as a principal payment of $200,000 of the estimated 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, 2007; 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, 2007; 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 2007-2008 will be $654,134.00; 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 11,861 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, 2007.  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, 2007, is $654,134.00.  The Assessable Unit Apportionment for the Fiscal Year commencing October 1, 2007, 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, 2007.

(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, 2007 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, 2007, 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, 2007, 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, 2007, 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, 2007 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, 2007, 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 19th DAY OF JUNE, 2007

 

 

                                                                                                                                                                                                            DISTRICT CHAIRPERSON

 

 

 

APPROVED AS TO FORM:                                                                                                                                                              DISTRICT SECRETARY

                                                           

SAMUEL S. GOREN

DISTRICT ATTORNEY

 

 

ATTEST:

 

 

 

                                                           

CLERK TO THE BOARD

OF SUPERVISORS

 

H:\1996\960445\RESO\2007 Preliminary Rate Resolution.doc

APPENDIX "A"

 

FORM OF NOTICE TO BE PUBLISHED

 

To Be Published no later than August 23, 2007

 

 

CITY OF NORTH LAUDERDALE

 

 

 

 

 

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, 2007, in the City Commission Chambers, 701 Southwest 71st Avenue, North Lauderdale, Florida, for the purpose of receiving public comment on the proposed assessments.  All affected property owners have a right to appear at the hearing and to file written objections with the Board of Supervisors of the North Lauderdale Water Control District within 20 days of this notice.  If a person decides to appeal any decision made by the Board of Supervisors with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made.  In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Office of the Clerk of the Board of Supervisors, through the North Lauderdale City Clerk’s Office at (954) 724-7050, at least seven days prior to the date of the hearing.

 

            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 2007, 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.

 

 

 

CLERK OF THE BOARD OF SUPERVISORS OF THE NORTH LAUDERDALE WATER CONTROL DISTRICT