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HomeMy Public PortalAbout2001-35 Sanitary Sewer ImprovementsRESOLUTION NO. 2001-35 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING SANITARY SEWER IMPROVEMENT PROJECT (THE "PROJECT"); ADJUSTING, APPROVING AND CONFIRMING IMPOSITION OF SPECIAL ASSESSMENTS ON PROPERTY SPECIALLY BENEFITED BY THE PROJECT TO PAY A PORTION OF THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SPECIAL ASSESSMENTS; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne, Florida (the "Village") has pursuant to Resolution No. 99-92, determined to make certain sanitary sewer improvements (the "Improvements") in accordance with Chapter 29.1 of the Village Code, by constructing the Improvements in an area of the Village which presently does not have sanitary sewer service (the "Area"); and WHEREAS, the Area to be served by such Improvements consists of approximately 706 parcels located generally West of Crandon Boulevard between Heather Drive and Mashta Drive and East of Crandon Boulevard between East Drive and Heather Drive, as further and more fully described on the Area map designated as Exhibit "A," attached hereto and incorporated herein; and WHEREAS, the Village Council has determined that the Improvements are necessary and that a portion (to -wit: 50%) of the costs of the Improvements shall be paid by special assessments upon those parcels specially benefiting from the Improvements; and WHEREAS, pursuant to Resolution No. 2001-12, the Village Council has determined that Village Charter Section 4.14 does not apply to the Improvements; and WHEREAS, the Village is authorized to make the Improvements and to impose the special assessments pursuant to Chapter 29.1 of the Village Code and the enabling authorities cited therein; and WHEREAS, the Village Council has awarded contracts for the construction of the Improvements (the "Project") pursuant to Resolution No. 99-93; and WHEREAS, the Village Council has accepted a loan from the State of Florida (the "State Loan") to finance the construction of the Project, pursuant to Ordinance No. 99-9 of the Village; and WHEREAS, there is presently on file in the office of the Village Clerk an assessment plat showing the Area to be assessed, with plans and specifications, as prepared by PBS&J Engineers (the "Engineer"), and an estimate of the costs of the proposed Improvement, which assessment plat, plans and specifications and estimate are open for public inspection; and WHEREAS, a preliminary assessment roll has been prepared by the Village Manager or his designee in accordance with the method of assessment provided in Section 7 of Resolution No. 99- 92, and in accordance with this Resolution, and said assessment roll shows the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land, and the number of annual installments in which the assessment is divided, and shall be adjusted, and confirmed as provided herein; and WHEREAS, as required by Resolution No. 2001-26, immediately prior to adoption of this Resolution the Village Council has held a public hearing on May 8, 2001, at which owners of the property to be assessed and other persons interested therein were invited to appear before the Council and be heard as to (I) the propriety and advisability of making the improvements, (ii) the cost thereof, (iii) the manner_ of payment therefor, and (iv) the amount thereof to be assessed against each specially benefited property, pursuant to notice provided in accordance with Section 29.1-7 of the Village Code; and 2 WHEREAS, at such public hearing, the Council also met as an equalization board, and heard and considered all complaints as to the matters described above, and based thereon, has made any modifications in the preliminary assessment roll as it deems desirable in the making of the final assessment roll; and WHEREAS, having considered the costs of the Project, revised estimates of financing costs and all complaints, comments and evidence presented at such public hearing, the Village Council finds and determines: 1. That the revised estimated cost of the Project is as specified in Exhibit "B," attached hereto and the amount of such costs is reasonable and proper; 2. That it is reasonable, proper, just and right to assess 50% of the cost of the Project against the properties specially benefited from the Project, using the methods determined by Section 7 of Resolution No. 99-92 and Section 5 of this Resolution, which results in the special assessment set forth on the final assessment roll identified as Exhibit "C" to this Resolution and as so marked and filed with the Village Clerk of the Village of Key Biscayne; 3. That it is hereby declared that the Project will constitute a special benefit to all parcels of real property listed on said final assessment roll and that the special benefit, in the case of each such parcel, will be equal to or in excess of the special assessment thereon; 4. That it is desirable that the special assessments be paid and collected as herein provided. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals are hereby adopted, confirmed and incorporated herein. 3 Section 2. Authorization of Village Project. The Project described in Resolution No. 99- 92, Resolution No. 99-93, Resolution No. 2001-12, Resolution No. 2001-26 and Ordinance No. 99- 9, as more specifically described by the plans and specifications on file at the offices of the Village Clerk, as prepared by the Engineer, is hereby authorized and approved and the proper officers, employees and agents of the Village are hereby authorized and directed to take such further actions as may be necessary or desirable to cause the Project to be constructed. It is directed that 50% of the costs of the Project shall be paid by the general funds of the Village lawfully available for such purpose in accordance with the annual budgets of the Village. It is further directed that the remaining 50% of the Project cost shall be specially assessed in accordance with Chapter 29.1 of the Village Code, pursuant to the enterprise fund established for the Project. Section 3. Cost Estimate. The estimated costs of the Improvements is $7.941,990.00 (the "Estimated Cost") the details of which are on file with the Village Clerk, as set forth in Exhibit "B." Section 4. Scope of Special Assessments. The special assessments shall defray 50% of the cost of the Improvements and the imposition of same includes a portion of the Estimated Costs, including financing cost, capitalized interest, debt service reserves, contingencies and administrative expenses and all other expenses allowed by law, but shall not exceed 50% of the amount of Estimated Cost described in Section 3 above. Any excess portion of the cost of the Improvements which would have been subject to special assessment in the absence of this restriction (which restriction limits_special assessments to an amount not to exceed 50% of the Estimated Costs), shall be paid by general funds of the Village lawfully available for such purpose in accordance with the annual budgets of the Village. 4 Section 5. Imposition of Special Assessment. A. The special assessments are hereby made and imposed against all lots and lands adjoining and contiguous or bounding and abutting upon such Improvements or specially benefited therefrom and as further designated by the assessment plat of the Area, and by the assessment roll, upon a uniform per parcel or per dwelling unit basis, as described in the final assessment roll approved herein. B. Those several parcels which are not intended for development for residential use, as described on Exhibit "D" attached hereto, shall be assessed by equivalent residential units based upon the standard schedule of daily rated gallonage for occupancies as published by the Miami -Dade County Department of Environmental Resources Management, as indicated on the assessment roll, which assessment is hereby found to be a reasonable and fair method of assessment and apportionment. Section 6. Adjustment, Approval, Confirmation of Imposition of Special Assessments. A. The special assessments for the Project on the parcels specially benefited by the Project, all as specified in the final assessment roll, marked as Exhibit "C" to this Resolution, are hereby adjusted, approved, made and confirmed as imposed. B. Promptly following the adoption of this Resolution, those special assessments shall be recorded by the Village Clerk in a special book, to be known as the "Improvement Lien Book," as required by Viltage Code Section 29.1-8. C. The special assessments against each respective parcel shown on such final assessment roll, shall be and shall remain legal, valid and binding first liens on such parcel until 5 paid; such lien shall be coequal with the lien of all state, county, district and municipal taxes and superior in dignity to all other liens, titles, and claims until paid. D. This Resolution constitutes a final decision on the special assessments as required by the State Loan described in Ordinance No. 99-9 of the Village. Section 7. Finalization of Special Assessments. When the Project has been constructed and completed to the satisfaction of the Council, the Council shall adopt a resolution accepting same and determining the actual costs (including financing costs) thereof, as required by Section 29.1-8 of the Village Code and in accordance with the restrictions of Section 4 above. Section 8. Payment of Special Assessments and Method of Collection. A. The special assessments shall be payable within 20 years, as follows: 1. 1/20th of the total assessment shall be payable upon a date which is one (1) year after completion of the Improvements (the "Commencement Date"). 2. 1/20th of the total assessment shall be payable on each anniversary of the Commencement Date each and every year thereafter until the full assessment plus interest has been paid. 3. All outstanding balances on such assessments shall bear interest at the rate of 2.56% per year. 4. If the full assessment is paid prior to the Commencement Date, no interest shall be charged thereon. 5. In hardship cases, payment of installments of assessments may be deferred pursuant to Section 29.1-9 of the Village Code. A further resolution of the Council shall be provided for such purpose. 6. The time for payment of the total assessment for a property shall be deferred for that property until the date at which connection to the Improvements is required for such property in accordance with the conditions of the June 12, 1997, Order of Miami -Dade County 6 Environmental Quality Control Board, Board Order No. 97-49, if deferral is requested in writing by the property owner at least 60 days before the Commencement Date described in paragraph 1 above, upon a request form prepared by the Village Attorney. Interest shall accrue at an annual rate of 2.56%, plus a compounding factor, upon deferred assessments, so that the Village fully recovers all interest advanced by or through Village for such deferred assessment payments. 7. Any installment which is not timely paid within 30 days of the due date for the installment as provided by the above described payment schedule, shall be subject to an additional interest charge at the rate of 1 percent (1%) per month until paid. In the event of a delinquency in payment, the Village may accelerate the due date of the full balance. B. The Village Manager or his designee shall collect the special assessments, unless provided otherwise by subsequent resolution. Section 9. Authorization. The Village Manager, Village Clerk, Village Attorney, and consulting Engineer are authorized to take all action necessary to implement the purposes of this Resolution, and all actions previously taken are hereby approved, ratified and confirmed. Section 10. Conflicts. Any portion of any Resolution of the Village Council which is in conflict herewith shall be deemed to be superceded accordingly. Section 11. Severability. The provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution but they shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. Section 12. Effective Date. That this Resolution shall be effective immediately from and after adoption hereof. 7 PASSED AND ADOPTED this 8th day of May , 2001. CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL S I MAYOR JOE I. RASCO RICHARD JAY WEISS, VILLAGE ATTORNEY 103001 '.resolutions\approving special assessment on properties benefited by sanitary sewer improvement projects 8 1 EXHIBIT "B" More specifically, the breakdown of the costs to be funded specifically with loan proceeds, as set out in the Loan Agreement is as follows: ITEM COST (1.) Administrative Allowance $ 39,600 (2.) Planning Allowance 198,000 (3.) Engineering Allowance 422,400 (4.) Construction and Demolition 5,650,000 (5.) Contingencies 565,000 (6.) Technical Services during Construction 345,000 (7.) Start-up 40,000 (8.) Loan Repayment Reserve 217,800 (9.) Capitalized Interest 309,700 (10.) Loan Service Fee 13,200 (11.) Incremental Loan Service Fee 141.290 TOTAL TO BE FUNDED WITH LOAN PROCEEDS $7,941,990 In addition to the loan amount an overall project contingency of $458,010 is carried in the official Project Budget, which has been established at $8,400,000.00. \chac915c.doc E%HL licit 02/21 1 2442320020221 :450 W MATHESON DR 'DONALD A GIANQUITTO &W CAROL & 2442320020222 460 W MATHESON DR ;D SENNETT DUTTENHOFER 2442320020223 480 W MATHESON DR `KARD CORP OF MIAMI INC 2442320020223 470 W MATHESON DR ;KARD CORP OF MIAMI INC 2442320020230 ,4 HARBOR POINT :CARLOS M_& ROSA R DE LA CRUZ 2442320020240'3 HARBOR_POINT :NICOLAS ESTRELLA 2442320020250 '5 HARBOR POINT :CARLOS y DE LA CRUZ 2442320020260 X14 HARBOR POINT DR ii,_,NDRES A GARCIA &W MARIVI L 2442320020261 '11 HARBOR POINT DR LOUISE OBRIEN 2442320020263,1 0 HARBOR POINT 2442320020264 [18 HARBOR POINT 2442320020270 6 HARBOR POINT 2442320020281 ;7 HARBOR POINT 2442320020282 =9 HARBOR POINT DR 2442320030010 `300 CARIBBEAN RD 2442320030020 ,324 CARIBBEAN RD 2442320030030 `330 CARIBBEAN RD 2442320030040 ;340 CARIBBEAN RD 2442320030050 ;360 CARIBBEAN RD 2442320030060 ,378 CARIBBEAN RD 2442320030070 ',390 CARIBBEAN RD 2442320030080 ;301 CARIBBEAN RD 2442320030090 ,300 GULF RD 2442320030100 1318 GULF RD 2442320030110 =323 CARIBBEAN RD 2442320030120 ;335 CARIBBEAN RD 2442320030130 ;330 GULF RD 2442320030140 ;346 GULF RD 2442320030150 '345 CARIBBEAN RD 2442320030160 =365 CARIBBEAN RD 2442320030170 b64 GULF RD 2442320030180_1378 GULF RD 2442320030190 1379 CARIBBEAN RD =ANDREW J GARCIA JR &W ANDREA ;EDWARD W EASTON &W AMY ALBERTO & OLGA MARIA BEECK TRS F A S MOLT &W MARTHA `SARA VILLAMIL "VIVIAN E CAMACHO (TRUST) }MARCELA VANINI LOAYZA 'EDWARD WAEGELEIN &W BARBARA 'JACKIE O'NEIL LINDA ROSE `CARLOS M BARANANO :ALVIN ROSE &W JACQUELINE ;MICHAEL J MORA &W ROSA M MARCO CARMELINO &W SILVANA ,JOSE A GANDULLIA &W SILVIA 'CELIA M BOU TR :MICHAEL J MORA &W ROSA M FEDERICO JARQUE &W MARIA TERESA !NORMAN C & MARIA C SMITH 11249050 ONTARIO INC ROBERTO PORCARI &W MERCEDES LUZ DE ALVAREZ `FLONTARIO INVESTMENTS LMT :JUAN F CASAS &W ELSA The complete assessment roll is available in the Office of the Village 1 1 4 4' 4 4 4 4 4 4' 4' 4 4 4` 4; 4 43 4: 4 4 4: $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00 $5,625.00_ $5,625.00 $5,625.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 _ $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.00 $361.0 Clerk and the Key Biscayne Library. EXHIBIT "D" Williams, Hatfield & Stoner, Inc. Engineers • Planners • Surveyors • Environmental Scientists SINCE 1958 2101 North Andrews Avenue, Suite 300 Fort Lauderdale, Florida 33311 Telephone (954) 566-8341 Fax (954) 565-5421 wwwwhs - inc.com TO: TECHNICAL MEMORANDUM Mayor and Village Council Members FROM: Anthony Nolan, P.E. Williams, Hatfield & Stoner, Inc. VIA: Sam Kissinger, City Manager DATE: June 26, 2000 SUBJECT: Final Sewer Assessment Roll Resolution 99-92, which became effective on November 9, 1999, established the area without sanitary sewer infrastructure in the Village as that area generally west of Crandon Boulevard between Heather Drive and Mashta Drive and east of Crandon Boulevard between East Drive and Heather Drive. In accordance with Ordinance 99-92 and Chapter 29.1 ofthe Village Code, sanitary sewer infrastructure will be constructed in this area. The cost of these improvements will be divided evenly (50/50) between general fund revenues and special assessments to the benefitting properties in the affected area. Equivalent Residential Unit (ERU) Methodology 4111.. For assessment purposes, the single family home may be considered to be one billing unit which is called an Equivalent Residential Unit or ERU. The typical single family home is expected to generate 350 gallons per day (gpd) of wastewater' which is the wastewater generation associated with one ERU. Nonresidential properties within the assessment area include the proposed new Civic Center and an office building with 6 units at 50 W. Mashta Drive. These properties were converted to ERUs by dividing their projected wastewater generation by 350 gpd to determine the number ofERUs or billing units associated with those properties. The projected wastewater generation for office buildings was calculated based on the size of the buildings and a wastewater generation rate of 10 gpd per 100 square feet2. ' based on Miami -Dade Water and Sewer Department Rules and Regulations Table 2 2 ibid 4' The Civic Center is proposed to have a total of 92,000 square feet when completed and is being developed on 7 tax parcels. This 92,000 square feet represents a total of 26.3 ERUs. These ERUs were divided equally among the 7 parcels for an assessment of 3.76 ERUs per parcel. The office building at 50 W. Mashta Drive contains 6 units, each having its own tax identification number. The square footage of each unit and the associated ERU and assessment calculations for each is shown below. ASSESSMENT FOR 50 WEST MASHTA DRIVE UNIT NUMBER UNIT SF WASTEWATER GENERATION @IOGPD/100 SF #ERUs @350 gpd ASSESSMENT @ $5,625 per ERU Unit #1 1278 sf 127.8 gpd 0.40 ERUs $2,250 Unit #2 921 sf 92.1 gpd 0.30 ERUs $1,688 Unit #3 921 sf 92.1 gpd 0.30 ERUs $1,688 Unit #4 921 sf 92.1 gpd 0.30 ERUs $1,688 Unit #5 865 sf 86.5 gpd 0.25 ERUs $1,406 Unit #6 1444 sf _ 144.4 gpd 0.41 ERUs $2,306 Summary and Conclusion The final assessment roll has been prepared in accordance with the methodology set forth in Section 7 of Resolution 99-92. Those properties that are not developed as single-family homes were assessed based on the Equivalent Residential Unit methodology described herein. Each ERU was assessed $5,625 which represents approximately 50% of the project construction cost of $7,941,990.. The final assessment roll is available upon request in the Office of the Village Clerk. - Williams, Hatfield & Stoner, inc.