RESOLUTION NO. 2024-09-436  A RESOLUTION OF THE CITY COMMISSION OF LYNN HAVEN, FLORIDA, APPROVING THE FISCAL YEAR 2024-25 STORMWATER SERVICE ASSESSMENT ROLL FOR STORMWATER RELATED SERVICES, FACILITIES AND PROGRAMS; DIRECTING CERTIFICATION OF THE ASSESSMENT ROLL AND COLLECTION PURSUANT TO THE UNIFORM ASSESSMENT COLLECTION ACT; CONFIRMING NOTICE AND IMPOSING AND LEVYING STORMWATER SERVICE ASSESSMENTS; PROVIDING DIRECTIONS; AND  PROVIDING AN EFFECTIVE DATE.  BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LYNN  HAVEN, FLORIDA, AS FOLLOWS:  SECTION1.  AUTHORITY. This Resolution of the City of Lynn Haven,  Florida (the "City") is adopted in a manner consistent with Ordinance No. 1102, as amended from time to time (the "Assessment Ordinance"), Resolution No. 2021-07-360 and Resolution No. 2023-08-412, as amended from time to time (the "Initial Assessment Resolution"), Resolution 2023-09-415, as amended from time to time (the "2023 Annual Assessment Resolution"), Sections 166.021 and 166.041, Florida Statutes, other applicable provisions ofl law toi impose assessments and ultimately collect such assessments through the uniform collection method authorized by Section 197.3632, Florida Statutes.  SECTION2.  DEFINITIONS. This Resolution constitutes the Final  Assessment Resolution. and Annual Assessment Resolution as defined in the Assessment Ordinance. All capitalized terms in this Resolution not otherwise defined herein shall have the meanings defined in the Assessment Ordinance, the Initial Assessment  Resolution and the 2023. Annual Assessment Resolution.  SECTION 3. declared as follows:  FINDINGS. It is hereby ascertained, determined and  (A) Pursuant to the Assessment Ordinance, the City adopted the Initial Assessment Resolution and the 2023 Annual Assessment Resolution imposing special assessments (the Stormwater Service Assessments") to provide for the annual funding  of Stormwater Management Service.    (B) In order to impose Stormwater Service Assessments for the Fiscal Year commencing October1, 2024, the Assessment Ordinance requires the City Commission to adopt an Annual or Final Assessment Resolution which confirms or amends the  assessment roll.  (C) The Fiscal Year 2024-25 Stormwater Service Assessment Roll (the "2024 Assessment Roll") has heretofore been made available for inspection by the public. All notice required to be provided to a property owner in the manner required by the Uniform Assessment Collection Act and the Assessment Ordinance has been  substantially and duly provided.  (D) Notice of a public hearing hasl been mailed, as required by the terms of the Assessment Ordinance, which provides notice to alli interested persons of an opportunity  to be heard.  (E) A public hearing was held on September 11, 2024, and comments and objections of all interested persons have been heard and considered. The imposition of Stormwater Service Assessments for stormwater services, facilities, and programs each fiscal year is an equitable and efficientmethod. of allocating and apportioning Stormwater  Management Service Cost among parcels of Assessed Property.  (F) The Stormwater Management Services contemplated herein are Essential Services which possess a logical relationship to the use and enjoyment of, and relieve a burden created by and provide a special benefit tol Developed Property by acting to treat and control Stormwater generated or contaminated by improvements constructed on Developed Property which resulted in the alternation of such property from its natural  state.  (G) The legislative determinations of special benefit and fair apportionment contained in Section 1.04 of the Initial Assessment Resolution are hereby readopted,  ratified and confirmed.  (H) Each parcel of Assessed Property within the City will be specially benefited by the City's provision of stormwater services, facilities, and programs in an amount not less than the Stormwater Service Assessment for such parcel, computed in the manner  set forth in the Initial Assessment Resolution.  Resolution 2024-09-436 2024-25 Stormwater Page2of6    (I) Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit in a manner consistent with the legislative declarations, determinations and findings as set forth in the Assessment Ordinance, the Initial Stormwater Resolution and this Final Assessment Resolution from the stormwater services, facilities, or programs to be provided and a legislative determination that the Stormwater Service Assessments are fairly and reasonably apportioned among the properties that receive the special benefit.  SECTION 4. ASSESSMENTS.  APPROVAL OF ASSESSMENT ROLL; IMPOSITION OF  (A) The 2024 Assessment Roll, a copy of which was present or available for inspection at the above referenced publichearing andi isi incorporated. herein by reference, isl hereby approved and adopted. The certified 2024. Assessment Roll shall be forwarded to the Tax Collector by September 15, 2024, pursuant to Section 197.3632(5), Florida  Statutes.  (B) The apportionment approach described in the Rate Study and summarized in Section 3.03 of the Initial Assessment Resolution isl hereby approved and adopted. (C) A special assessment computed in the manner described in the Initial Assessment Resolution and the 2023 Annual Assessment Resolution isl hereby levied and imposed on all Tax Parcels described in the 2024 Assessment Roll in order to fund the Stormwater Management Service Cost for the Fiscal Year commencing October 1, 2024. The estimated amount to be collected through Stormwater Assessments for the Fiscal  Year commencing October 1, 2024, is $1,763,024.  (D) Parcels of Assessed Property described in the 2024 Assessment Roll are hereby found to be specially benefited by the provision of the stormwater services, facilities, and programs described or referenced in the Initial Assessment Resolution, based upon an assessment amount for each EBU of $169.00 for the Fiscal Year commencing October 1, 2024; $177.00 for the Fiscal Year commencing October 1, 2025; $186.00 for the Fiscal Year commencing October 1, 2026; and $195.00 for the Fiscal Year  commencing October 1, 2027.  (E) Single-family residential properties shall be grouped in tiers as follows:  Resolution 2024-09-436 2024-25 Stormwater Page 3 of6    (1) Single-family residential properties with impervious area between (2) Single-family residential properties with impervious area greater (3) Single-family residential properties with impervious area greater  400 sq. ft. and less than or equal to 2,900 sq. ft. shall be "Tier 1" parcels. than 2,900 sq. ft. and less than 4,000 sq. ft. shall be "Tier 2" parcels.  than or equal to 4,000 sq. ft. shall be "Tier 3" parcels.  (F) Stormwater Service Assessments for non-single-family residential properties and Vacant Property shall be calculated in accordance with Section 3.03 oft the  Initial Assessment Resolution.  (G) Stormwater Service Assessments shall constitute a lien upon the. Assessed Property sO assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shalll be superior: in dignity to all other liens, titles and claims, until paid. (H) The following are Exempt Properties and not subject to the Stormwater Service Assessment: (1) public roads and rights-of-way, (2) submerged land, and other naturally occurring water bodies with pervious soil bottoms, (3) publicschools, (4) bona- fide agricultural operations, (5) parcels with less than 400 sq. ft. of measured gross area,  and (6) Government Property owned by the City.  (I) Stormwater Service Assessments against Government Property, except for Government Property owned by the City, shall be, to thei maximum extent permitted by  law, imposed pursuant to Section 3.04 of the Assessment Ordinance  SECTION5.  COLLECTION OF. ASSESSMENTS. The Fiscal Year 2024-25  Stormwater: Service. Assessment for each individual Tax Parcel shalll be collected pursuant tot the uniform collection method provided fori in the Intent Resolution, Section 3.01 of the  Assessment Ordinance, and Section 197.3632, Florida Statutes.  SECTION 6.  EFFECT OF ADOPTION OF RESOLUTION. The adoption  oft this Final Assessment Resolution shall be the final adjudication of the issues presented (including, buti not limited to, the determination ofs special benefit and faira apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the 2024 Assessment Roll and the levy and lien of the Stormwater Service  Resolution 2024-09-436 2024-25 Stormwater Page 4 of6    Assessments), unless proper steps shall bei initiated in a court of competent jurisdiction tos secure relief within 20 days from the date of this Annual Assessment Resolution.  SECTION7.  PROCEDURAL COMPLIANCE.  (A) The Assessment Coordinator has caused to be prepared a preliminary  Stormwater Service. Assessment Roll that contains the following information:  (1) a summary description of each Tax Parcel (conforming to the description contained on ai recently certified Tax Roll prepared and maintained by the Property Appraiser fori the purpose oflevying and collecting ad valorem taxes) which is intended tol be subject to the Stormwater Service Assessment;  (2) the name oft the owner of record of each Tax Parcel, as shown on the most recent certified Taxl Roll, which will bei updated ini normal course prior to any  certification of the Assessment Roll to the' Tax Collector; and  (3) the proposed amount of the total Stormwater Service Assessment reflective of the maximum rate of assessment for each affected Tax Parcel for the fiscal year commencing October 1, 2024, exclusive of adjustment for statutory discounts and anticipated costs of collection and administration. (B) In the event the City also imposes or collects an impact fee upon new growth or development for capital improvements related to stormwater services, the special assessments provided for hereunder shall not include costs attributable to capital improvements necessitated by new growth or development which were: included in the computation of such impact fee or which are otherwise funded by such impact fee.  (C) The. Assessment Roll shall be necessarily updated from time to time in due course, to show changes in parcel configuration or other administrative corrections. In the event the Assessment Coordinator makes any exemptions, administrative or other modifications to the Assessment Roll authorized by the Assessment Ordinance, this Resolution or otherwise, funding for such changes tot the. Assessment Roll shall be funded by legally available funds other than direct proceeds of the Assessments. Such changes shall not require any recalculation or change in the rate or rates of assessment otherwise considered or adopted pursuant tot the. Assessment Ordinance or this. Annual Assessment  Resolution.  Resolution 2024-09-436 2024-25 Stormwater Page 5of6    (D) Ap public hearing was duly held on September 11, 2024, at the Lynn Haven City Hall Chambers, 825 Ohio Avenue, Lynn Haven, Florida, at which time the Commission received and considered information and comments on the Stormwater Service Assessments from City officials, staff, experts and advisors, as well as the public and affected property owners, and then considered imposing Stormwater Service Assessments and the method of collection thereof as required by the Assessment  Ordinance.  SECTION 8.  DIRECTION AND AUTHORIZATION. The Assessment  Coordinator, City Manager, Mayor, City Attorney, and all other City officials, employees, agents, consultants and professionals are each and all directed and authorized to act and undertake all activities on behalf of the City to accomplish all matters necessary to timely  achieve the purposes and effect of this Resolution.  SECTION9. the extent of such conflict. SECTION10.  REPEAL OF INCONSISTENT RESOLUTIONS. Any  resolutions or parts thereof in conflict herewith are hereby superseded and repealed to  EFFECTIVE DATE. This Final Annual Assessment  Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 11h day of September 2024.  CITY OF LYNN HAVEN, FLORIDA  (SEAL) Attest: By:    Mdhivlan Vickie Gainer, City Manager-Clerk  Resolution 2024-09-436 2024-25 Stormwater Page 6of6