TO: Board of County Commissioners
THROUGH: John Titkanich, Jr., County Administrator
FROM: Christopher A. Hicks, Assistant County Attorney
DATE: March 26, 2025
SUBJECT: Second Hearing Concerning the Special Assessment Providing for The Replacement of Culverts for Waters Edge Phase II Subdivision (Legislative)
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BACKGROUND
On October 8, 2024 the Board passed the first resolution establishing a Special Assessment Providing for the Replacement of Culverts for Waters Edge Phase II Subdivision. Pursuant to Chapter 206.06 the Board passed a resolution setting a public hearing in which the Board will sit as an ‘Equalizing board” under 206.07 to “consider any and all complaints as to the special assessments and it shall adjust and equalize the special assessments on the basis of justice and right.” The assessment roll (attached) has been filed with the Clerk and made publicly available for review as required. Public Works has notified all affected owners and the date of the April 8, 2025 hearing has been publicly noticed as required by Code.
ANALYSIS
The special assessment is levied on each property in the Waters Edge Phase II subdivision equally and payable over 15 years through property taxes. All lots/owners are receiving an equal benefit from the project.
BUDGETARY IMPACT
Funding in the amount of $1,367,000.00 is budgeted and available in Optional Sales Tax/Road & Bridge/Construction In Progress/1st Street SW & 35th Avenue Culvert, 31521441-066510-21017. Reimbursement for the resident’s share of $537,974.50 will be received over the next 15 years and deposited into the Optional Sales Tax Fund.
The cost of publication of the required public notice for the public hearing is estimated to be $300.00. The cost of mailing notices for the public hearing is estimated to be $75.00. The cost of recording the assessment resolution is estimated to be $74.00 for a total of $449.00. Funding for the total will be made available in Optional Sales Tax/Road & Bridge/Construction in Progress/1st Street SW & 35th Avenue Culvert, 31521441-066510-21017.
PREVIOUS BOARD ACTIONS
The Board approved the first resolution on October 8, 2024 and a resolution to set this hearing on March 11, 2025.
POTENTIAL FUTURE BOARD ACTIONS
The Board will need to consider a future resolution once the project is completed to adjust the amounts based upon the total costs of the project. There will hopefully be a surplus and the amounts will go down.
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
County staff recommends that the Board approve the resolution confirming the Special Assessments in Connection with the Replacement of Culvert Piping in Waters Edge Phase II Subdivision; and providing for special assessment liens to be made of record. Further, Staff recommends the Board sit as the Equalizing Board to review complaints and make decisions on adjustments to the special assessment.
ATTACHMENTS
1. Draft Resolution
2. Special Assessment Roll