R2022-63 Stormwater Management Utility Non-Ad Valorem Assessment Roll Adoption and CertificationRESOLUTION 2022-63
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; PROVIDING FOR CONFLICTS; 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 July 8, 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, through the adoption of Resolution No. 2021-77 on September 8, 2021, the Village
Council adopted and certified the Stormwater Utility non -ad valorem assessment roll for tax year
2021; and
WHEREAS, through the adoption of Ordinance No. 2022-12 on July 14, 2022, the Village Council
modified the assessment methodology for single-family residential properties, opting for a three-tier
assessment based on parcel area; and
WHEREAS, because the Village Council modified both the methodology and the amount of the
assessment for single-family residential properties, Section 197.3632, Florida Statutes, requires the
Village to adopt the non -ad valorem assessment roll at a public hearing as if it were 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 single-family residential 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
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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
(,r \ 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 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
(Parcel area is less than or
(1.00 0.61 ERU) x (per ERU
(1.00 0.61 ERU) x (per ERU
equal to 7,079 sq.ft.)
rate)
rate) x 12
Single-family Residential
(Parcel area is greater
(0.97 ERU) x (per ERU rater)
(0.97 ERU) x (per ERU rate) x
than 7,079 sq.ft. but less
12
than 15,475 sq.ft.)
Single-family Residential
(1.53 ERU) x (per ERU rate) x
(Parcel area is equal to or
(1.53 ERU) x (per ERU rate)
12
greater than 15,475 sq.ft.)
Condominium
(0.22 ERU per residential unit)
(0.22 ERU per residential unit)
x (per ERU rate)
x (per ERU rate) x 12
Multifamily Residential
(1.00 ERU) x (parcel IA /
(1.00 ERU) x (parcel IA / 5,550
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
1 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.
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Section 5. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 6. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 25TH DAY OF AUGUST, 2022.
ATTEST:
VILLAGE CLERK
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