Ordinance 2007-285 - Laserfiche WebLink

Home Browse Search

NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authoritv. This Ordinance is enacted pursuant to Chapter 170, Florida Statutes, and the municipal home rule powers granted under Section 2(b), Article VIII of the Constitution of the State of Florida and Florida Statutes ch. 166, pts. I and III. Section 2. Let:dslative Findin2s. (A) The City Commission has determined that the provlSlon of sanitary sewer service to properties on Atlantic Isle (also known as Atlantic Island) located within the municipal boundaries of the City is in the public interest and is in the best interests of the health, safety and welfare of the City. Such sanitary sewer service will be made available through the construction of sewer laterals and collection lines, manholes, force main, pumping or lift station, and associated road improvements. (B) The City Commission has determined that the Atlantic Isle sanitary sewer improvements will be funded by a combination of non-ad valorem special assessments imposed on the properties benefited by the sanitary sewer improvements and other lawfully available funds of the City. (C) The City Commission has the legal authority to levy non-ad valorem special assessments on benefited properties pursuant to Chapter 170, Florida Statutes, and its municipal home rule powers under the Florida Constitution and statutes. (D) The City Commission hereby finds and determines that the provision of sanitary sewer service to properties on Atlantic Isle provides direct and special benefit to such properties and that the imposition of a special assessment to fund a portion of the costs of the sanitary sewer improvements is authorized and appropriate. A sanitary sewer system, by its nature, provides special benefit to those properties that can be served by the system. Such special benefit is provided to vacant property as well as developed property and is not limited by the existing development/use of the property. (E) The City Commission hereby finds and determines, based upon the system design provided by the project engineers, Calvin, Giordano & Associates, Inc., and information in the "Atlantic Isle Assessment Methodology Report", by TischlerBise, Inc. and Susan Schoettle-Gumm, PLLC, that the special benefit to each benefited Parcel is equivalent to the number of sanitary sewer lateral connections constructed by the City to serve that Parcel. The total number of sanitary sewer lateral connections is a reasonable and appropriate basis for allocating the portion of the project costs to be collected through special assessments. Section 3. Ordinance as Alternative Method. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. The adoption of a Final Assessment Resolution and/or Final Assessment Roll concurrent with adoption of this Ordinance or prior to this Ordinance becoming effective shall not impair or 2