RESOLUTION NO. 2025-05-456 A RESOLUTION OF THE CITY COMMISSION OF LYNN HA VEN, FLORIDA, RELATING TO THE DELIVERY AND FUNDING OF STORMWATER RELATED ESSENTIAL SERVICES WITHIN THE CITY; PROVIDING FOR STORMWATER ASSESSMENTS WITHIN THE ENTIRE AREA OF THE CITY; ESTIMATING THE SERVICE COST TO PROVIDE STORMWATER RELATED ESSENTIAL SERVICES AND CAPITAL EQUIPMENT AND FACILITIES; ESTABLISHING THE METHOD OF ASSESSING THE STORMWATER RELATED SERVICE COST AGAINST REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED; DIRECTING THE CITY MANAGER TO PREPARE A PRELIMINARY STORMWATER ASSESSMENT ROLL; ESTABLISHING A PUBLICHEARING TO CONSIDER IMPOSITION OF THE PROPOSED STORMWATER ASSESSMENTS; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LYNN HAVEN, FLORIDA, AS FOLLOWS: ARTICLEI INTRODUCTION SECTION 1.01. AUTHORITY. This Resolution of the City of Lynn Haven, Florida is adopted pursuant to Ordinance No. 1102, as amended from time to time (the "Assessment Ordinance"), Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. Lynn Haven Initial Assessment Resolution SECTION 1.02. DEFINITIONS. This Resolution constitutes the Initial Assessment Resolution as defined in the Assessment Ordinance. All capitalized words and terms not otherwise defined herein shall have the meaning set forth in the Assessment Ordinance. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Assessed Property" means all parcels of real property included in the Stormwater Assessment Roll that receive a special benefit from Stormwater Management Service or Stormwater Improvements. "Assessment Ordinance" means City Ordinance No. 1102, as may be amended from time to time, or its successor in function. "City" means the City of Lynn Haven, Florida. "City Clerk" means the City Manager of the City. "City Code" means the City Code of Ordinances. "City Manager" means the chief administrative officer of the City, or such person's designee responsible for coordinating calculation and collection of Assessments as provided herein. "Commission" means the governing body of the City of Lynn Haven, Florida. "Developed Property" means real property that is developed entirely or in part with Impervious Area and can be categorized into customer classes of single-family or non-single family. 2 Lynn Haven Initial Assessment Resolution "Development" means the process or result of construction, reconstruction, site improvement, installation of improvements, establishment of a temporary or accessory use or structure, or other modification to land or a body of water. "Equivalent Residential Unit" or "ERU" means the Assessment Unit described in Section 3.03 hereof. The ERU is the standard unit used to express the stormwater burden generated or benefit received by an average single family residential parcel with 2,300 square feet of impervious area which allows for parcels that are measured on actual impervious area to be billed in terms of ERUS. One ERU is equal to 2,300 square feet of impervious area. "Exempt Property" means property expressly exempted from Stormwater Assessments by this Resolution. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the City. "Government Property" means property owned by the United States of America, the State of Florida, a sovereign state or nation, a county, a special district, a municipal corporation, or any of their respective agencies or political subdivisions. "Impervious Area" means hard surfaced areas resulting from Development which either prevent or severely restrict the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow from 3 Lynn Haven Initial Assessment Resolution that present under natural conditions prior to Development. Impervious Areas include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, tennis courts, swimming pools with impervious bottoms, storage areas, and other surfaces which similarly affect the natural infiltration and runoff pattern which existed prior to Development. "Non-single Family Residential" means properties other than single owner residential or exempt or vacant. This includes office buildings, churches, manufacturing, retail, and larger multi-family properties. "NPDES" means the National Pollution Discharge Elimination System. "Program Cost" means that portion of the Stormwater Management Service Cost associated with planning and development activities related to Stormwater Improvements and Stormwater Management Service including, by way of example but not limited to, the cost ofs stormwater master planning, stormwater program development and NPDES permit related activities. "Rate Study" means the April 5, 2021, City ofl Lynn Haven Stormwater Utility Rate Study Updated Final Report prepared by Stantec Consulting Services Inc., and any subsequent updates. "Single-family Residential" means properties with single owner residential development including homes, townhouses, mobile homes, and villas with 3 dwelling units and under. 4 Lynn Haven Initial Assessment Resolution "Stormwater" means the flow of water which results from, and which occurs following, a rainfall event. "Stormwater Improvement" means land, capital facilities, and improvements acquired or provided to detain, retain, convey, or treat stormwater. "Stormwater Management Service" means (A) management and administration of the Stormwater System; (B) stormwater program engineering; (C) development, modification and implementation of any stormwater master plan; (D) Stormwater Improvements anticipated to be acquired or constructed during a single Fiscal Year; (E) operating and maintaining of the City's capital facilities and programs for stormwater management, including extraordinary maintenance; (F) equipment and consumables, (G) billing and collection of Stormwater Service Assessments, including customer information services and reserves for statutory discounts; (H) permitting, inspecting, and reviewing of plans; and (I) legal, engineering, and other consultant services. "Stormwater Service Assessment" or - Assessment" means a special assessment (sometimes characterized as a non-ad valorem assessment) levied by the Commission to fund the Stormwater Management Service Cost. "Stormwater Service Assessment Roll" means the roll created pursuant to Section 2.04 of the Assessment Ordinance and described in Section 2.02 hereof that includes a summary description of each Tax Parcel subject to the Stormwater Service Assessment, and the amount of the Assessment attributable to each Tax Parcel. 5 Lynn Haven Initial Assessment Resolution "Stormwater Management Service Cost" means the estimated amount for any Fiscal Year of all expenditures, including but not limited to Program Costs, and reasonable reserves that are properly attributable to Stormwater Management Service provided under generally accepted accounting principles; and including reimbursement to the City for any funds advanced for Capital Costs and interest or debt service on any interfund or intrafund loan or other Obligations for such purposes. In the event the City also imposes an impact fee upon new growth or development for stormwater related capital improvements, the Stormwater Management Service Cost 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. "Stormwater System" means the appurtenances, facilities, equipment, and services, including Stormwater Management Service and Stormwater Improvements, necessary for the collection, treatment, storage, and conveyance of storm and surface waters. "Tax Parcel" means a parcel of property to which the Bay County Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Undeveloped or Vacant Property" means real property which contains no 6 Lynn Haven Initial Assessment Resolution Impervious Area. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. SECTION 1.03. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," hereby," "herein,' I "hereto, # "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after, and the term heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Commission desires to create an equitable means to fund certain stormwater related Essential Services and Capital Improvements throughout the City. (B) The City is authorized by Article VII, Section 2 of the State Constitution, Section 166.021, Florida Statutes, the Assessment Ordinance, the Uniform Assessment Collection Act, and other applicable provisions of law, to provide for the imposition and collection of charges in the form of special assessments; such impositions also being sometimes characterized as non-ad valorem assessments. 7 Lynn Haven Initial Assessment Resolution (C) The City is experiencing unprecedented growth and redevelopment. The intensity of recent development activity is placing a growing demand on all City services, including those related to stormwater management. (D) Historically, stormwater management activities within the City have been limited to the construction and maintenance, or merely the existence, of a modest stormwater infrastructure and road system built or allowed to convey runoff to natural water bodies. (E) Until the 2021-2022 budget year, the primary source of funding for all stormwater management activities within the City has been derived from legally available revenues through a stormwater utility fee, the City's general fund and the resultant stormwater related expenditures by the Public Works Department. (F) Additional funding needs, such as the cost of NPDES permit compliance, increased maintenance and stormwater management demands, and anticipated redevelopment and capital improvement projects have led the City to authorize both a stormwater master plan for planning and engineering purposes, and a stormwater rate study to identify and implement a dedicated funding source that will provide dependable revenue to pay for all, or part of, the City's stormwater management program. 8 Lynn Haven Initial Assessment Resolution (G) The City Commission has determined that it is necessary and appropriate to modify the tiers and unit by which the proportional burden and benefits are distributed among developed residential properties in the City. (H) Substantially all of the stormwater that is physically managed, controlled, and treated by the Stormwater System is generated by Developed Property. (I) The Stormwater Management Service 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 to Developed Property by treating and controlling Stormwater generated or contaminated by improvements constructed on Developed Property which resulted in the alteration of such property from its natural state. 0) The relief of the burden created, or special benefit received by, Developed Property is the collection, storage, control, management, treatment, and conveyance of the stormwater burden generated by the improvements on Developed Property. (K) Both Developed and Undeveloped Properties are benefited by compliance with nationally encouraged and in some cases mandated stormwater management planning and the development of an integrated and scalable stormwater management system which enhance the quality of development and redevelopment potential for property and responsibly advance the preservation and protection of natural resources. 9 Lynn Haven Initial Assessment Resolution (L) Although Undeveloped Property may itself provide a benefit to the Stormwater System by receiving Stormwater, the urban characteristics of the City require that the Commission must nonetheless plan Stormwater Improvements and plan and provide Stormwater Management Service to serve all property capable of Development and the cost thereof should be borne by all properties benefited by the availability of such planning and related services. (M) Accordingly, it is fair and reasonable that all Assessed Property pay a proportionate share of the Program Cost, and that all Tax Parcels characterized as Undeveloped Property be subject to an Assessment to fund that portion of the Stormwater Management Service Cost described as the Program Cost. (N) It is fair and reasonable to impose Stormwater Service Assessments upon Developed Property to fund the Stormwater Management Service Cost. (0) The rate classification system proposed by the Rate Study is reasonable and equitable, and will continue to be sO as properties within the City develop and change; and it is also manageable and capable of being fairly implemented from year to year without wasteful or extraordinary consumption of resources which could better be expended to address stormwater related issues. (P) The apportionment method described in the Rate Study and adopted in Section 3.03 hereof bears a reasonable relationship to the cost of providing Stormwater 10 Lynn Haven Initial Assessment Resolution Improvements and Stormwater Management Service, including stormwater generated by Government Property. [Remainder of page intentionally left blank.] 11 Lynn Haven Initial Assessment Resolution ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED STORMWATER MANAGEMENT SERVICE COST. (A) The estimated Stormwater Management Service Cost to be recovered through Stormwater Service Assessments for the Fiscal Year commencing October 1, 2025 is $2,652,000. The Stormwater Management Service Cost will be funded through the imposition of Stormwater Service Assessments, as provided herein. (B) The estimated Stormwater Service Assessments established in this Initial Assessment Resolution shall be the estimated assessment rates applied by the City Manager in the preparation of the preliminary Stormwater Service Assessment Roll for the Fiscal Year commencing October 1, 2025, as provided in Section 2.02 of this Initial Assessment Resolution. SECTION 2.02. STORMWATER ASSESSMENT ROLL. The City Manager is hereby directed to prepare, or cause to be prepared, a preliminary Stormwater Service Assessment Roll for the Fiscal Year commencing October 1, 2025, in the manner provided in Section 2.04 of the Assessment Ordinance. The Stormwater Service Assessment Roll shall include all Tax Parcels within the City which are not otherwise exempted from payment of the Stormwater Service Assessments hereunder. The City Manager shall apportion the estimated Stormwater Management Service Cost to be recovered through 12 Lynn Haven Initial Assessment Resolution Stormwater Service Assessments in the manner set forth in this Initial Assessment Resolution. A copy of this Initial Assessment Resolution, the Rate Study which summarizes information and analysis related to the estimated amount of the Stormwater Assessed Cost to be recovered through the imposition of Stormwater Service Assessments, and the preliminary Stormwater Service Assessment Roll shall be maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the preliminary Stormwater Service Assessment Roll be in printed form if the amount of the Stormwater Service Assessment for each parcel of property can be determined by the use of a computer terminal or internet access available to the public. SECTION 2.03. PUBLIC HEARING. There is hereby established a public hearing to be held at 5:30 PM on September9, 2025, at the Walter Kelly Chambers at City Hall, 825 Ohio Avenue, Lynn Haven, Florida, at which time the City Commission will receive and consider any comments on the Stormwater Service Assessments from the public and affected property owners and consider imposing Stormwater Service Assessments and authorizing an alternative manner of collection. SECTION 2.04. NOTICE BY PUBLICATION. The City Manager shall direct the publication of a notice of the public hearing authorized by Section 2.03 hereof in the manner and time provided in Section 2.05 oft the Ordinance. The notice shall be published 13 Lynn Haven Initial Assessment Resolution no later than [date which is 20 days prior to PH), 2025, in substantially the form attached hereto as Appendix A. SECTION 2.05. NOTICE BY MAIL. The City Manager shall direct the publication of a notice of the public hearing authorized by Section 2.03 hereof in the manner and time provided in Section 2.06 of the Ordinance. The notification shall be published no later than August 2025, in substantially the form attached hereto as Appendix B. [Remainder of page intentionally left blank.] 14 Lynn Haven Initial Assessment Resolution ARTICLE III ASSESSMENTS SECTION 3.01. STORMWATER ASSESSMENTS TO BE IMPOSED THROUGHOUT CITY. Pursuant to Section 2.02 of the Assessment Ordinance, Stormwater Service Assessments are to be imposed throughout the entire area within the boundaries of the City. SECTION 3.02. IMPOSITION OF ASSESSMENTS. Stormwater Service Assessments shall be imposed against property located within the City, the annual amount of which shall be computed for each Tax Parcel in accordance with this Article III. When imposed, the Assessment for each Fiscal Year shall constitute a lien upon the Tax Parcels located within the City pursuant to the Assessment Ordinance. SECTION 3.03. APPORTIONMENT APPROACH; DETERMINATION OF EQUIVALENT RESIDENTIAL UNITS. (A) The modified impervious-based rate structure described in the Rate Study is fair and reasonable and is hereby approved and adopted as the apportionment approach for the Stormwater Service Assessments. (B) Single family residential with 3 dwelling units or below are assessed based on a tiered fee structure. Single family residential with less than 2,000 square feet are considered Tier 1 parcels for billing purposes. Parcels with greater than or equal to 2,000 square feet and less than or equal to 2,900 square feet are considered Tier 2 parcels for 15 Lynn Haven Initial Assessment Resolution billing purposes. Parcels with greater than 2,900 square feet and less than or equal to 4,000 square feet are considered Tier 3 parcels for billing purposes. Parcels with greater than 4,000 square feet are considered Tier 4 parcels for billing purposes. (C) The Tier 1 single family residential Impervious Area identified in the Rate Study is 1,400 square feet, which shall constitute 0.61 Equivalent Residential Unit (ERU). (D) The Tier 2 single family Impervious Area identified in the Rate Study is 2,300 square feet, which shall constitute one ERU (one ERU = 2,300 square feet). (E) The Tier 3 single family Impervious Area identified in the Rate Study is 3,300 square feet, which shall constitute 1.43 ERU. (F) The Tier 4 single family Impervious Area is 4,600 square feet, which shall constitute 2.0 ERU. (G) Non single-family residential ERUS shall be determined by each parcel's measured impervious area divided by the ERU definition of 2,300 square feet. (H) Vacant Property ERUS shall be determined by each parcel' S measured gross area divided by the ERU definition of 2,300 square feet, multiplied by [.18.] (I) The. Annual Stormwater Service Assessment per ERU for FY 2026is $172.10. () The Maximum Annual Stormwater Service Assessment per ERU is $193.70. (K) The Stormwater Service Assessment for each Tax Parcel of Developed or Vacant Property shall be calculated by multiplying the parcels assigned ERUS by the annual assessment rate per ERU: 16 Lynn Haven Initial Assessment Resolution Parcels ERUSX $172.10 = FY 2026 Annual Stormwater Service Assessment (L) It is hereby ascertained, determined, and declared that the method of determining the Stormwater Service Assessments as set forth in this Initial Assessment Resolution is a fair and reasonable method of apportioning the Stormwater Management Service Cost among parcels of Assessed Property located within the City. SECTION 3.04. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the City from the Stormwater Service Assessments shall be utilized for the provision of Stormwater related services, facilities, and programs including Stormwater Management Service and Stormwater Improvements. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund stormwater related services, facilities, and programs. SECTION 3.05. COLLECTION OF ASSESSMENTS. Collection of the Stormwater Service Assessments may take place initially pursuant to the alternative method of collection described in Section 3.02 of the Assessment Ordinance or pursuant to the Uniform Assessment Collection Act. SECTION 3.06. [RESERVED) SECTION 3.07. EXEMPTION. The following are Exempt Properties and not subject to the Stormwater Service Assessment: (A) Public roads and rights-of-way. 17 Lynn Haven Initial Assessment Resolution (B) Submerged land, and other naturally occurring water bodies with pervious soil bottoms. (C) Public schools. (D) Bona-fide agricultural operations. (E) Less than 400 square feet of impervious area. SECTION 3.08. GOVERNMENT PROPERTY. Stormwater Service Assessments against Government Property, except for Government Property owned by the City, shall be, to the maximum extent permitted by law, imposed pursuant to Section 3.04 of the Assessment Ordinance. [Remainder of page intentionally left blank.] 18 Lynn Haven Initial Assessment Resolution ARTICLE IV GENERAL PROVISIONS SECTION 4.01. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4.02. SEVERABILITY. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 4.03. EFFECTIVE DATE. This Initial Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 13th day of May, 2025. CITY COMMISSION OF LYNN HAVEN, FLORIDA 1 By: (SEAL) Jesse Nelson, Mayor Attest: - By: Sicht Vickie Gainer, City Manager-Clerk 19 Lynn Haven Initial Assessment Resolution APPENDIX A FORM OF NOTICE TO BE PUBLISHED To be published on or before August 2025. (Map of Lynn Haven) NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of Lynn Haven, Florida, will conduct a public hearing to consider adoption of a final assessment resolution related to the City of Lynn Haven (the "City") and its stormwater system. The stormwater final assessment resolution will provide for the imposition of special assessments, sometimes characterized as non-ad valorem assessments, against property located within city limits and collection of the assessments by the billing method described in Section 3.02 of City Ordinance No. 1102. The hearing will be held at 5:30 PM on September 9, 2025 at the Walter T. Kelly Chambers at City Hall, 825 Ohio Avenue, Lynn Haven, Florida. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within twenty (20) days of this notice. The assessments have been proposed to fund stormwater related essential services and stormwater improvements throughout the City. The assessment for each tax parcel within the city will be based upon the Equivalent Residential Units or "ERUS" attributable to each tax parcel as ofthe date the assessments arei imposed. A more specific description of the stormwater related services and stormwater improvements and the method of computing the assessment for each parcel of property are set forth in the Initial Assessment Resolution adopted by the City Commission on May 13, 2025. Copies of the Initial Assessment Resolution and the preliminary Stormwater Service Assessment Roll are available for inspection at the office of the City Manager-Clerk, located at City Hall, 825 Ohio Avenue, Lynn Haven, Florida. A-1 Lynn Haven Initial Assessment Resolution Table 1 Single Family FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Tiers Rates Rates Rates Rates Rates <2,000 $104.98 $1 108.13 $ 111.37 S1 114.71 $118.16 2,000-2,900 $172.10 $1 177.26 S 182.58 $ 188.06 $193.70 3,000-4,000 $ 246.10 $ 253.48 $ 261.09 $ 268.92 $2 276.99 >4,000 $344.20 $ 354.53 $365.16 $376.12 $387.40 Non-Residential FY 2026 FY: 2027 FY 2028 FY 2029 FY 2030 Impervious ERU Rates Rates Rates Rates Rates 2,300 $172.10 $1 177.26 $ 182.58 $1 188.06 $193.70 Vacant FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Total Area Rates Rates Rates Rates Rates 2,300 $ 30.98 $31.91 $32.86 $33.85 $34.87 Billed Revenue $2,652,000 $2,739,000 $2,830,000 $2,923,000 $3,019,000 Increase 50.00% 3.00% 3.00% 3.00% 3.00% Ifyou have any questions, please contact the City Manager-Clerks Office at (850) 265-2121. ANY PERSON WISHING TO ENSURE THAT AN ADEQUATE RECORD OF THE PROCEEDINGS IS MAINTAINED FOR APPELLATE PURPOSES IS ADVISED TO MAKE THE NECESSARY ARRANGEMENTSFOR RECORDING ATHIS OR HER OWN EXPENSE. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY MANAGER-CLERK AT LEAST 48 HOURS IN ADVANCE OF THE MEETING AT 850-265-2121. A-2