§ 56.23. STORMWATER ASSESSMENT PROCESS.

(A)

Public Hearing. The City shall hold a public hearing for the following purposes in the order set forth below:

(1)

Budget. Other than with respect to the initial budget which shall be determined in the manner set forth in Section 56.16, to adopt an operational budget for the system for each fiscal year to cover the estimated costs of planning and constructing additions, extensions and improvements to the system; to cover the debt service requirements for any obligations issued by the City to finance or refinance additions, extensions and improvements to the system; to establish reserves for anticipated delinquent or uncollectible stormwater management assessments; and to cover the cost of operation and maintenance of the system.

(2)

Rate Resolution. To adopt a rate resolution incorporating a schedule of stormwater management assessments, pursuant to Section 56.16, upon the owners of all real property in the City, other than nonassessed property. The rates established by the City each year under the provisions of the rate resolution shall be sufficient to provide monies for the purposes described in paragaph (A)(1). The City shall not establish rates over and above the rates that are necessary to comply with the provisions of paragraph (A)(1) and the budgetary requirements of any proceedings of the City heretofore or hereafter adopted in connection with the issuance of any of its bonds, notes or other evidence of indebtedness.

(3)

Preparation of Stormwater Management Assessment Roll. Based upon the proposed rate resolution, the City shall prepare a stormwater management assessment roll. Such stormwater management assessment roll shall contain a summary description of each parcel of real property within the City on or before the first day of the fiscal year for which the stormwater management assessments are to be imposed, the name and address of the owner of each parcel of real property, the rate applicable to each parcel of real property as specified in the proposed rate resolution and the amount of the stormwater management assessments applicable to each parcel of property subject to the stormwater management assessments. The summary description of each parcel of real property shall be in detail as to permit ready identification of each parcel on the real property records. The information specified above to be included in the stormwater management assessment roll shall conform to that maintained by the property appraiser on the real property records.

(4)

Certification and Adoption of Stormwater Management Assessment Roll. The City shall review the stormwater management assessment roll to determine its conformity with the proposed rate resolution. The City shall make such changes or additions as necessary to conform such stormwater management assessment roll with the proposed rate resolution. If upon the completion of such review, the City shall be satisfied that the stormwater management assessment roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the stormwater management assessment roll and certify that the stormwater management assessment roll is correct and proper and is to be used in collecting the stormwater management assessments. If no objections are made by persons affected by the assessment roll at the public hearing, or if objections having been made, they shall be deemed insufficient by the City Commission, the City Commission shall thereupon adopt the assessments as shown by the assessment roll.

(5)

Notice of Public Hearing. Notice of said public hearing shall be published in a newspaper of general circulation in the City, at least twenty (20) days prior to the date set for the public hearing. Proof of the publication shall be verified by affidavit of the publisher of the newspaper and filed with the Clerk. The published notice shall contain the name of the local governing board, geographic depiction of the property subject to the assessment, the proposed schedule of the assessment, the fact that the assessment will be collected by the Tax Collector, and a statement that all affected property owners have the right to appear at the public hearing and the right to file written objections within twenty (20) days of the publication notice. Said public hearing may be continued to a date certain without the necessity of further newspaper advertisement. The City shall in addition, adopt such resolutions and conduct such hearings after proper notice, all as may be required under F.S. Chapter 197, as amended and supplemented, when the assessment is made pursuant to the uniform method of collection.

(Ord. No. 35-93, passed 4/27/93)