- April 25, 2024
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For years, the city of Palm Coast has sought a fair way to charge landowners for the costs of maintaining the city's aging stormwater system, which conveys rain water away from developed land. Officials at Town Center don't think the city has found that fair way yet.
The Town Center Community Development District’s board of supervisors has filed a letter with the city of Palm Coast to initiate the conflict resolution process. This is the first step before a potential lawsuit.
In March, the Town Center CDD formally appealed its stormwater fees with the city for 39 parcels of land, arguing that it shouldn't have to pay for the city's system because Town Center has its own system to take care of stormwater.
The appeals letter states: “The appeals submitted on Dec. 5, 2012, requested a 100% reduced service credit for properties within Town Center in accordance with a prior request submitted to the city by the Town Center Community Development District (TCCDD). The TCCDD already maintains the stormwater infrastructure throughout Town Center and assesses its property owners annually for this service. The city provides little to no maintenance benefitting the Town Center project.”
In July 2012, the reduced service credit for Town Center properties was set to be changed to 68.83%.
“We do not have a problem with the small charge ($1.12 per equivalent residential unit per year) offsetting the actual cost of maintenance performed by the city. We do not agree that Town Center properties should bear any of the systemwide capital or debt service for a system that provides no service or benefit to the properties in any way,” the appeals letter states.
The City Council at its May 21 meeting approved giving all vacant properties larger than one acre — including thos in Town Center — a reduced-service-level credit.
The conflict resolution is required under Chapter 164 of Florida Statutes, stating local government entities must go through a conflict resolution process prior to any court proceedings.
The Town Center CDD proposes a meeting with city officials within 30 days of the city receiving the letter. The letter was marked received by Palm Coast on May 24.
The meeting, according to state statutes, would be a noticed public meeting that would take place at a city location.
