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
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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`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
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11249050 ONTARIO INC
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`FLONTARIO INVESTMENTS LMT
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The complete assessment roll is available in the Office of the Village
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$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.