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ITEM: RESOLUTION NO. AC2026-09 (UNIT OF DEVELOPMENT CASA NELLA FORESTA)
A RESOLUTION OF ACME IMPROVEMENT DISTRICT DESIGNATING A UNIT OF DEVELOPMENT TO BE KNOWN AS “UNIT OF DEVELOPMENT CASA NELLA FORESTA”; AUTHORIZING PUBLICATION OF A NOTICE OF HEARING ON SUCH DESIGNATION AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Resolution No. AC2026-09 designating ACME Improvement District Unit of Development Casa Nella Foresta.
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EXPLANATION: The Village of Wellington/ACME Improvement District has found that the roads within the hereinafter identified Real Property are in serious disrepair and are in need of repair or replacement in order to provide for the safety and welfare of the public and so that ACME Improvement District and the Village of Wellington may safely use them for access to their respective public improvement facilities located therein, nearby or adjacent thereto.
The area consists of Casa Nella Foresta located on the east side of Wellington Trace, south of Forest Club Drive and includes the two streets identified as Via Veneto and Via Toscana. The proposed improvement program is paving the approximate one (1) mile for the streets Via Veneto and Via Toscano. Exhibit A is an aerial of the project site and property description.
Outlined below is a general overview of the steps that ACME would follow in order to move forward with the requested proposed road improvement project by means of the new Unit of Development:
I. Unit of Development Formation Process.
a. The designation of the unit of development is considered by ACME’s Board of Supervisors and the Board may adopt a Resolution designating and setting the geographical boundary of the new Unit of Development.
b. A Notice setting a Public Hearing on ACME’s formation of the new Unit of Development must then be published once a week for two consecutive weeks.
c. At the Public Hearing, the Board receives comments or objections, if any, from the public on ACME’s formation of the new Unit of Development.
d. Following the Public Hearing, the Board may adopt a Resolution approving and confirming the Unit’s formation and authorize ACME’s Engineer to prepare a Plan of Improvement for the new Unit of Development.
II. Plan of Improvement Approval Process:
a. ACME’s Engineer meets with the landowners to discuss the Project and identify the works and services that the landowners want ACME to provide. Based on these discussions and following the landowners’ provision of any needed data or information, the ACME Engineer prepares and submits a proposed Plan of Improvement to the Board. At the Board meeting where the proposed Plan is discussed, the Board may adopt the initial Resolution needed in order to commence the process for adoption of the proposed Plan of Improvement.
b. A Notice setting a Public Hearing on the proposed Plan of Improvement is then published once a week for three (3) consecutive weeks.
Concurrently: (i) a copy of the Notice and proposed Plan of Improvements must be delivered to the South Florida Water Management District, (ii) a copy of the Notice must be provided to the County and (iii) a copy of the Notice of Public Hearing must be sent by first class mail to each owner of real property within the new Unit of Development.
c. The Public Hearing on the proposed Plan of Improvements must be held, following which the Board may direct ACME Engineer to prepare an Engineer’s Report for the Plan of Improvements pursuant to Ch. 298, F.S.
d. Once ACME’s Engineer completes the Engineer’s Report, it is filed with ACME’s Secretary.
e. A Notice setting a Public Hearing on the filing of the Engineer’s Report and the Unit’s proposed Plan of Improvement must then be published once a week for two (2) consecutive weeks to let the landowners within the Unit know that they have twenty (20) days from the last publication date of the Notice to submit written comments or objections to the Engineer’s Report and Plan of Improvements.
f. The Public Hearing is then held and any timely submitted comments or objections must be considered and addressed by the Board.
g. The Board may then direct that the Engineer’s Report and proposed Plan of Improvement be modified to address none, some or all of the submitted comments or objections.
h. The Board may then adopt a Resolution approving the Engineer’s Report and Plan of Improvement, as submitted or modified, as the case may be.
The Board may then proceed to adopt a Resolution levying non-ad valorem assessments upon the benefitted acreage within the Unit of Development in order to pay for the cost of construction of the Plan of Improvements.
III. Financing of the Plan of Improvements:
Once thirty (30) days have elapsed following the Unit’s Plan of Improvements and Engineer’s Report are adopted, ACME may commence a Chapter 75, Florida Statutes, bond validation proceeding or elect to use other available financing options.
IV. Timing. This process, excluding construction, may take twelve to eighteen months.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: Costs to be financed through assessments include temporary roadway repairs, roadway reconstruction, associated improvements, and ongoing maintenance to properties benefiting from the project.
WELLINGTON FUNDAMENTAL: Protecting Our Investment
RECOMMENDATION: Approval of Resolution No. AC2026-09 designating ACME Improvement District Unit of Development Casa Nella Foresta.