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R2021-77 Adopting and Certification of Non-Ad Valorem AssessmentRESOLUTION 2021-77 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AND CERTIFYING THE NON -AD VALOREM ASSESSMENT ROLL FOR THE STORMWATER MANAGEMENT UTILITY ASSESSMENT FOR PARCELS OF REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 2020-84 on December 20, 2020, the Village Council stated its intention to use the uniform method for the levy, collection and enforcement of a non -ad valorem assessments pursuant to Section 197.3632, Florida Statutes, to finance the costs of operating its Stormwater Utility; and WHEREAS, as required by Section 197.3632(2), Florida Statutes, through the adoption of Resolution 2021-09 on January 28, 2021, the Village executed agreements with the Palm Beach County Property Appraiser and Palm Beach County Tax Collector for the collection of the non -ad valorem assessment on the property tax bill; and WHEREAS, through the adoption of Ordinance 2021-09 on June 24, 2021, the Village Council created the Stormwater Management Utility and the Stormwater Management Utility Fund; and WHEREAS, Section 30-6 of the Village Code of Ordinances provides for the adoption of Stormwater Management Utility Assessments by resolution of the Village Council and establishes rates based on the type of land use; and WHEREAS, the calculation for each type of land use utilizes an Equivalent Residential Unit ("ERU") rate of $7.78 established through the adoption of Resolution 2021-68 on August 12, 2021; and WHEREAS, as required by Section 197.3632(4)(a), Florida Statutes, the Village is required to adopt the non -ad valorem assessment roll at a public hearing because it is being levied for the first time; and WHEREAS, as required by Section 197.3632(4)(b), Florida Statutes, the Village provided notice of the public hearing by mail to each person owning real property subject to the assessment and published a notice in the Palm Beach Post more than twenty days prior to the public hearing; and WHEREAS, the Village Council, having considered written objections filed by property owners and testimony from interested persons, wishes to adopt and authorize the certification of the Stormwater Management Utility Assessment non -ad valorem assessment roll; and WHEREAS, the Village Council determines that the adoption of this Resolution benefits the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. Having conducted the required public hearing, the Village Council hereby adopts the non - ad valorem assessment roll for the Stormwater Management Utility Assessment pursuant to Section Page 1 of 2 197.3632(4)(c), Florida Statutes. A copy of the non -ad valorem assessment roll is attached hereto and incorporated herein by reference. The monthly and annual assessments were calculated in accordance with Section 30-6(c) of the Village Code as follows: Type of Land Use Monthly Rate Annual Rate Single-family Residential (1.00 ERU) x (per ERU rate') (1.00 ERU) x (per ERU rate) x 12 Condominium (0.22 ERU per residential unit) x (0.22 ERU per residential unit) x (per ERU rate) (per ERU rate) x 12 Multifamily Residential (1.00 ERU) x (parcel IA 15,550 (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) sq.ft.) x (per ERU rate) x 12 Nonresidential (1.00 ERU) x (parcel IA / 5,550 (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) sq.ft.) x (per ERU rate) x 12 ' ERU Rate equals $7.78 2 IA is Impervious Area as defined in Section 30-3 of the Village Code The non -ad valorem assessment roll may be modified or adjusted as authorized by law. Section 3. The non -ad valorem assessment roll for the Stormwater Management Utility Assessment, as adopted, shall continue to be collected from year to year unless discontinued by the Village Council. Section 4. In accordance with Section 197.3632(5), Florida Statutes, the Village Council designates and authorizes the Mayor to certify the non -ad valorem assessment roll to the Palm Beach County Tax Collector. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED -AND ADOPTED THIS 8T1_'DAY OF SEPTEMBER, 2021. AT `` `VILLAGE ERK Page 2 of 2 F �► All, AYOR DR -408A N. 02/91 W 0 FLORIDA CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I, the undersigned, hereby certify that I am the Chairman of the Board, or authorized agent of \I I LLAa r,, nF tit�� 6LH -73e_,q c H- , located in PALMI 'BW County, Florida; as such, I have satisfied myself that all property included or includable on the Non -Ad Valorem Assessment Roll for the aforesaid county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. I further certify that, upon completion of this certificate and the attachment of same to the herein described Non -Ad Valorem Assessment Roll as part thereof, said Non -Ad Valorem Assessment Roll will be delivered to the Tax Collector of this county. In witness whereof, I have subscribed this certificate and caused the same to be attached to and made a part of the above described Non -Ad Valorem Assessment Roll this the l I day of SEp: r� , ZDZ 1 year Chair an of the Board or authorizedgent of V1lLF/L of Ifoe71� P4Lu' P/f,N Name of local government P A- L bt 81 9,q cN- County, Florida