TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Cedar Grove Phase 1A Roads
Recommended Action
None.
Background Information
During the public comment portion of the Governing Body of the Road and Drainage District Commission Meeting on June 25, 2019, Mark Polzin, President, Phase 1A, Cedar Grove Home Owners Association (HOA) within the Woodlands Community Development District (CDD) stated that their HOA would like to Petition the City of North Port to accept the roads only within Phase 1A of Cedar Grove for maintenance purposes. Mr. Polzin stated that the Cedar Grove Phase 1A is willing to perform the required testing such as core borings, etc. to support the roads being accepted.
Discussion ensued regarding the request from the Cedar Grove Phase 1A Homeowners Association for the City to accept maintenance of their roads. It is the City’s policy to only accept roads that interconnect to arterial roads. The Commission was concerned about the financial impact if the City accepted these roads. The Commission requested that staff provide additional information pertinent to the Association’s request for acceptance of the roads.
At the conclusion of the meeting, there was a consensus by the Commission to direct staff to provide information at the July Road and Drainage District Meeting regarding the original CDD Agreement documents with a simplified explanation.
Pursuant to the Commission’s directive, on July 31, 2019, Juliana B. Bellia, Director, Department of Public Works submitted the attached Request for Legal Services requesting the following:
“Please be advised that the streets within Cedar Grove Phase 1A are currently privately maintained. The Cedar Grove Phase 1A Home Owner’s Association (HOA) has requested that the City of North Port accept their streets for maintenance purposes. Public Works and Neighborhood Development Services have met with representatives of the HOA to review the Supporting Documentation on the Request for Acceptance of the Streets. In addition, both Departments have reviewed the Subdivision Plats and Plans and Declarations of Covenants and Restrictions for Cedar Grove Subdivision’s request to take over the streets. Based upon staff’s research of the attached documents, we have made the following findings:
1) City Commission has approved the utilities, public drainage easements, Tract “Z” (pump station site) and all roads, streets and rights -of-way or other public easements, as shown on the plat for Cedar Grove Phase 1A.
2) The roadways within Cedar Grove Phase 1A are owned and maintained by the City of North Port.”
Accordingly, on September 30, 2019, Amber L. Slayton, City Attorney provided the attached Response to Request for Legal Services for Cedar Grove Phase 1A which states:
“Pursuant to the above-referenced Request for Legal Services, you asked the following questions. Please let me know if there are any questions, comments, or concerns. If none, this file will be closed.
I. PLAT APPROVAL
You inquired whether the City Commission approved the utilities, public drainage easement, Tract Z (pump station site), and all roads, streets, and right-of-way or other public easements, as shown on the plat for Cedar Grove Phase 1A.
Yes. The cover sheet of the plat for Cedar Grove Phase 1A, recorded at Plat Book 45, Page 42, bears the approval of the City’s Planning and Zoning Advisory Board, the North Port City Commission, the City Engineer, the North Port City Attorney, and the City Surveyor. All signatures are dated January 2006. Thus, the City approved the contents of the plat, which includes a Certificate of Ownership and Dedication dedicating to the City and the general public “all required utilities, public drainage easements, Tract “Z” (pump station site) and all roads, streets and rights-of-way or other public easements, as shown on this plat entitled Cedar Grove Phase 1A unless reserved for use by the owner.”
II. OWNERSHIP OF ROADWAYS
You inquired whether the City owns and has a responsibility to maintain the roadways in Phase 1A.
Yes. As explained in detail in the attached memo, the City owns and bears responsibility to maintain the roadways in Phase 1A but does not own or bear responsibility for maintaining the roadways in Phase 2.”
In accordance with the legal opinion from City Attorney Slayton referenced above, that the City of North Port owns and bears the responsibility to maintain the roadways in Phase 1A. As such, the Enhanced Road Assessment in the amount of $40.74 will need to be added to all 131 improved and unimproved parcels within Cedar Grove Phase 1A. The following provides a breakdown of the existing and updated Road and Drainage District Non-Ad Valorem Assessment Rates for all improved and unimproved parcels within Cedar Grove Phase 1A:
Existing Road & Drainage District Non-Ad Valorem Assessment
|
Drainage (Primary) |
$32.18 |
|
Base Roads |
$17.70 |
|
Administration |
$3.77 |
|
Total Per Parcel |
$53.65 |
|
Total 131 Parcels |
$7,028.15 |
Updated Road & Drainage District Non-Ad Valorem Assessment
|
Drainage (Primary) |
$32.18 |
|
Base Roads |
$17.70 |
|
Enhanced Roads |
$40.74 |
|
Administration |
$3.77 |
|
Total Per Parcel |
$94.39 |
|
Total 131 Parcels: |
$12,365.09 |
Strategic Plan
Infrastructure
Financial Impact
The Road and Drainage District will receive an additional $5,336.94 in revenue as a result of the Enhanced Roads Assessment of $40.74 for 131 improved and unimproved parcels in the Cedar Grove Phase 1A Subdivision.
Procurement
Not applicable.
Attachments:
1. Response to Request for Legal Services dated September 30, 2019
2. Request for Legal Services dated July 31, 2019
3. Cedar Grove Phase 1A Declaration of Covenants and Restriction (Page 41)
4. Cedar Grove Phase 1B - Plat Book 41, Page 22
5. Cedar Grove Phase 1A - Plat Book 45, Page 42
6. Cedar Grove at the Woodlands Declaration of Covenants, Conditions, and Restrictions
7. Map of Cedar Grove Phase 1A Streets Proposed for City Maintenance
Prepared by: Juliana B. Bellia, Public Works Director
Department Director: Juliana B. Bellia, Public Works Director