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Home My WebLink AboutResolution No. R-95-68 Declaring Special AssessmentSN. RESOLUTION NO. R-95-68 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING SPECIAL ASSESSMENTS, PROVIDING FOR WATER MAINS, WATER SERVICES, VALVES, FIRE HYDRANTS AND OTHER WATER DISTRIBUTIVE FACILITIES FOR THE AREA EAST OF U.S.1 TO THE INDIAN RIVER RUNNING FROM THE CITY'S SOivi6RN BOUNDARY TO ITS NORTHERN BOUNDARY; PROVIDING PUBLIC PURPOSE, THE NATURE OF THE IMPROVEMENTS, LOCATION OF THE IMPROVEMENTS, PORTIONS OF THE EXPENSE PAID BY ASSESSMENT, MANNER OF ASSESSMENT, ASSESSMENT PLAT, SECTION 170.14 FLORIDA STATUTES IMPOSITION ASSESSMENT ROLL, THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESIGNATION OF LANDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Florida ("City") finds that the improvements herein described are necessary to promote the public welfare of the City and elect to defray the cost thereof by special assessments against certain properties to be serviced by the water main and extensions to the area described as east of U.S. Highway #1 to the Indian River, with its southern boundary located on the City's South city limit line and with its northern boundary located on the City's north city limit line, hereinafter referred to as the "Riverfront Water Project"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. PUBLIC PURPOSE: The City does hereby determine and declare it is in the public interest to make water distribution system improvements to provide public water service for 310 parcels located within the City of Sebastian for the Riverfront Water Project and assessments shall be levied to defray the costs of the improvements in accordance with and in the manner provided for in Chapter 170, Florida Statutes. SECTION 2. NATURE OF IMPROVEMENT: The nature of the proposed improvement is to provide public water service with water mains, services, valves, fire hydrants and other water distribution facilities to the parcels located in the Riverfront Water Project. SECTION 3. LOCATION OF IMPROVEMENTS: The water mains, water services, valves, fire hydrants and other water distribution facilities will be located on U.S. Highway #1, Jackson Street, Madison Street, Coolidge Street, Cleveland Street, Martin Avenue, Indian River Drive, Davis Street, North Central Avenue, Jefferson Street, Washington Street and an unnamed alley from Martin Avenue running south 650 ± feet within the Riverfront Water Project as shown in the attached map which is made a part of this Resolution by reference. SECTION 4. PORTION OF EXPENSE PAID BY ASSESSMENT: The sum of $601,348.00 shall be paid from the special assessments as the properties in the Riverfront Water Project receive a special or peculiar benefit in the enhancement of the value of the properties arising from the improvement. The City of Sebastian shall pay the sum of $148,652.00 from its improvements funds for the public properties which receive a benefit from the assessment. SECTION S. MANNER OF ASSESSMENT: A special assessment in the amount of $0.142786 per square foot shall be assessed against the land area of each of the parcels which are benefitted by the proposed improvement and are designated on the assessment plat. SECTION 6. PAYMENT OF ASSESSMENT: The special assessments shall be due and payable and may be paid in full without interest E within 45 days from the date (the "Credit Date") of the Resolution of the City Council which accepts the improvements after completion of the improvements. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal, plus interest thereon. The first installment of which shall be due on the Credit Date. If not paid when due, the unpaid balance of the special assessments shall bear interest at a rate of 8% per year, or at a rate of 1% per year above the rate of interest at which the improvement bond(s) which are authorized for the project and used for the improvements are sold, whichever rate is less. SECTION 7. DESIGNATION OF LANDS: The lands upon which this special assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for and which is on file with the City Clerk and which is incorporated by this reference into this Resolution as if fully set out herein. SECTION S. TOTAL ASSESSMENT COST: The total estimated project cost of the above-described improvements is shown to be $750,000 or the sum of $0.142786 per square foot to be paid by the property specially benefitted as shown on the assessment plat on file with the City Clerk. SECTION 9. ASSESSMENT PLAT: There is presently on file with the City Clerk a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed 3 improvements. All such documents are open to inspection by the public at the Office of the City Clerk. SECTION 10. ASSESSMENT ROLL: An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. SECTION 11. SECTION 170.14: The City imposed a special assessment against certain properties for the Riverfront Water Project with an adoption of Resolution 94-53 dated September 28, 1994. The City has undertaken the construction of the Riverfront Water Project. The construction of the Project reveals that there needs to be changes in the plans for the Project, and the charges and benefits to certain properties. Section 170.14 Florida Statute authorizes the City to impose a new assessment if an assessment is irregular, defective, or if the City shall have omitted to make such assessment when it might have done so. The City finds that certain of the assessments set out in Resolution 94-53 dated September.28, 1994, are defective and can not be collected. This resolution is for the purpose of causing an assessment to be made for the Riverfront Water Project under the provisions of Sections 170.03 and 170.14 Florida Statutes. SECTION 12. PUBLICATION: Upon the adoption of this Resolution, the City Council of the City of Sebastian shall cause this Resolution (along with a map showing the areas to be served) to be published once a week for a period of two weeks in the Vero Beach Press Journal before the public hearing required by Chapter 170, Florida Statutes. 4 1 SECTION 13. UNCONSTITUTIONAL PROVISIONS: If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall in no way affect the validity of the other provisions of this Resolution. SECTION 14. CONFLICTING RESOLUTIONS: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 15. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. The foregoing Resolution Councilmember l CouncilmemberQ.,rl� vote, the vote was as follows: was moved for adoption by . The motion was seconded by and, upon being put into a Mayor Arthur L. Firtion Gil - Vice Mayor Carolyn Corum Councilmember Norma J. Damp G% p Councilmember Ray Halloran L Councilmember Louise R. Cartwright The Mayor thereupon declared this Resolution duly passed and A 1 adopted this , ->&D day of December, 1995. CITY IAN, F BY :_ rthur L. Firtion, Mayor ATTEST: Kathryn M . ' O' Ha l l o ran , MC/AAE/ (Seal) Approved as to Form and Content: C�•-fie_. Q . 44A Com.� , 1. Clifton A. McClelland, Jr. City Attorney 5 ea an ehab! itativeerv- ices. Private referrals also are ac- "They gave us an opport cepted on occasion. to resign fired to speak.ak. It Maximum capacity is 10 bos. m has very much affected us," Rex There are currently four living 1n ford said. "Their philosophy an the house and more are expected our needs are very different." after the holidays, Rexford said. Schlitt said the disagreemen The cost of keeping the boys each s was one of numbers and tha is $75 a day, $40 of which pro- United Way wanted them to tak vided by HRS for their referrals, in more boys and show a quicke A typical stay is 18.24 months but and higher success rate. can be longer. When possible, the "They asked how many kid: boys are reunited with their fami. don't need our help after one year lies. and it was about half. Our num. Fourteen to 18 boys are usually bers were not that good. Evt served in a year. dently they weren't able to see Often their last atop after be. What kind of kids we work with — ing bounced from foster home to ones coming from three genera foster home, Youth Manor pro- tions of abuse. Some of the thing; vides a two -person staff at all (United Way) asked were hard tc times that gives 24-hour strut- put on paper," Schlitt said. tured care and access to counsel- ors, Schlitt said. An independent Youngbluth said accountabil- ity was United Way's major con• living program prepares them for living their cern. She said it set up some on own when they turn 18. guidelines and deadlines for They learn who they are after Youth Manor to meet, including the number of children on the years of being told they are noth- premises. ing," said Rexford, who works at the Vero Beach High School Bynum left Youth Manor with Freshmen Learning Center some bitter feelings for HRS. He said there was success with the through New Horizons of Tres- sure Coast Inc. children, but success with HRS The primary feeling the boys was another story. "What have when they arrive is anger, cooked me was HRS. I said Schlitt, a painting contractor was frustrated with HRS and with with Schlitt Brothers Inc. After the system," said Bynum, who they work through that, there are worked for SafeSpace for five feelings of hopelessness and aban. years before going to Youth donment below the surface. Manor. Both Schlitt and Rexford can Bynum said he started out not relay success stories about past wanting to get close to the boys residents. One boy who had been but once he started caring, he dis- locked in a closet never let anyone covered others didn't. "Especially see his eyes. In four months he'd those people who were paid to made a turnaround and wanted to care for them. It seems like be a basketball star. (HRS) drops them off there and Another past resident called washes their hands of them," he over the holiday to say he was said. doing well and thank Youth He said Youth Manor should Manor for not giving up on him. survive "because of the kids." The success rate hasn't been To contact Youth Manor, call enough for United Way, however, the business office at 778-2619 or Schlitt sa d. Bynum wrote the the group hone at 567-0046. F ANC .147.1YRCOX' (O: A P 1:1 KIM A RVAGi R If, 11001 89.96-H *ON NOLU1110sam -sawlelS eppo SO'OLi uogl g glim-m1m ooe W pagsllgnd sl uop -nlosaa sRU "8uq-w nPww 5661 V J&gwao a sJl le'salmels ePll013' ,r0L1 PM £0'OLI uolloaS LAVA aouep.r000e W 'uorJnlosas 2ulmo0q{ aT paldope •epuolg 'Slunc j laAnd uelpui 'uellsegag 10 Al!D a p ,lo llounoo 8110 aqy NVIZSVURS A0 xZIO daIZON aIZgRd G� C amer2 each other for sharing what they You can contact Mrs. Goodma don't want to know. through the Washington Po: Even Miss Austen has suffered Writers Group, 115015th St., N. N a transcontinental and posthu- Washington, D.C. 20071. Letters mail-order sales and free sam- ples. • Prohibiting tobacco ads that target minors. • Enforcing current laws on the retail sale of tobacco products to minors. The FDA has set a deadline of Jan. 2 to receive public comments on these proposed rules. I urge you to join the PTA in writing to the FDA in support of these pro- posals. Our collective voices can make a difference to safeguard our chil- dren and youth. Please write to Commissioner Kessler, Dockets Management Branch HFA -305, Food and Drug Administration, Room 1.23,12420 Parklawn Drive, Rockville, Md., 20857. Thank you for joining in this ef- fort to minimize the impact of to- bacco ads that target minors. Susan A. Fields President Indian River County Council PTA Vero Beach Marsh Hunting Harms Wildlife There is a harsh and cruel real- s ity currently taking place for the wildlife of the Fort Drum Marsh "Conservation" Area. Their fate at the hands of so-called "sport" hunters is an ecological night- mare. .ETTERS: Send them to the editor: Press -Journal P.O. Box 1268 Vero Beach, Fla 32961 By opening hunting in an are previously sheltered from h, rassment, district officials at opening a Pandora's box of will life mismanagement. In the plans to implement three specs: hunts, one being bow hunting, It cruelest and least effective hun ing strategy, district officia have all but ensured they will a complish the exact opposite ( their goal: gaining control ove population sizes. Hunting indisputably remove: animals from the population however, the ramifications o their absence are not as initialh clear. By lowering populatioi numbers indiscriminately, hunt ing also lowers competition be- tween members of the group, both for food sources and for mates. The result of this populatior tampering is simple: The popula tion will return to its initial size, i not increase in size, and the pah and suffering inflicted on thea, deer and boars will have been fo naught. Indeed, some studie. have shown that hunted popula tions have rates of reproductio2 that double or triple those of non hunted populations. Officials are obviously more in terested in the profits to be had it selling hunting permits than th< devastation they will inflict in tht process. Laura Guttridge Vero Beach W" Send your faxes to: (407)978-2364 The same rules apply as letters 'S3oIAM3S M3SVM 'SNIM HaIVM 2103 OMOIAOMd 'Smoilss3SSv wMads ONIMMI030 'valmou 'AmnoO MEM NMUM 30 AM MU 30 NOLL170S3M v ss -%Id *ON NOLL170 M -salnlelS epuoLLj 90.OLI uopaaS ql!m aouepiowe of pagsllgnd sl uop -nl� s!g,L'Sugaaur x"- R? IV'salnlelS eppol3'V1,0LI pue Eo'oLl uottan glues wueWomu ul 'uopn[osas 8ufmollo3 ayyll Mclope 'eplsoia 'Alunoo .tanpl mi.pul 'uapwgaS jo Alto agl Jo ltaunoo Alto aqy NVIZSVHHS AO AID RaLLON 3I'I$11d 566 L '9Z 2agwaoa0 Aepsani 1letun0r-ss82d PUBLIC NOTICE CITY OF SEBASTIAN OM The City Council of the City of Sebastian, Indian River County, Florida, adopted the following resolution, in accordance with Section 170.03 and 170.14, Florida Statutes, at its December 20, 1995 regular meeting. This resolution is published in accordance with Section 170.05, Florida Statutes. RESOLUTION NO. R-95-68 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING SPECIAL ASSESSMENTS, PROVIDING FOR WATER MAINS, WATER SERVICES, VALVES, rutL HYDRANTS AND u Yriw�, WATER DISTRIBUTIVE FACILITIES FOR THE AREA EAST OF U.S. 1 TO' INDIAN RIVER RUNNING FROM THE CITY'S SOL i nr,RN BOUNDARY TO ITS NORTHERN BOUNDARY; PROVIDING PUBLIC PURPOSE, THE NATURE OF THE IMPROVEMENTS, LOCATION OF THE IMPROVEMENTS, PORTIONS OF THE EXPENSE PAID BY ASSESSMENT, MANNER OF ASSESSMENT, ASSESSMENT PLAT, SECTION 170.14 FLORIDA STATUTES IMTOSITION ASSESSMENT ROLL, THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESIGNATION OF LANDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN xr v r.CTIVE DATE. WHEREAS, the City of Sebastian, Florida ("City") finds that the improvements herein described are necessary to promote the public welfare of the City and elect to defray the cost thereof by special assessments against certain properties to be serviced by the water main and extensions to the area described as east of U.S. Highway #1 to the Indian River, with its southern boundary located on the City's South city limit line and with its northern boundary located on the City's north city limit line, hereinafter referred to as the "Riverfront Water Project"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. PUBLIC PURPOSE: The City does hereby determine and declare it is in the public interest to make water distribution system improvements to provide public water service for 310 parcels located within the City of Sebastian for the Riverfront Water Project and assessments shall be levied to defray the costs of the improvements in accordance with and in the manner provided for in Chapter 170, Florida Statutes. SECTION 2. NATURE OF IMPROVEMENT: The nature of the proposed improvement is to provide public water service with water mains, services, valves, fire hydrants and other water distribution facilities to the parcels located in the Riverfront Water Project. SECTION 3. LOCATION OF IMPROVEMENTS: The water mains, water services, valves, fire hydrants and other water distribution facilities will be located on U.S. Highway #1, Jackson Street, Madison Street, Coolidge Street, Cleveland Street, Martin Avenue, Indian River Drive, Davis Street, North Central Avenue, Jefferson Street, Washington Street and an unnamed alley from Martin Avenue running south 650 ± feet within the Riverfront Water Project as shown in the attached map which is made a part of this Resolution by reference. SECTION 4. PORTION OF EXPENSE PAID BY ASSESSMENT: The sum of $6011,348.00 shall be paid from the special assessments as the properties in the Riverfront Water Project receive a special or peculiar benefit in the enhancement of the value of the properties arising from the improvement. The City of Sebastian shall pay the sum of $148,652.00 from its improvements funds for the public properties which receive a benefit from the assessment. SECTION 5, MANNER OF ASSESSMENT: A special assessment in the amount of $0.142786 per square foot shall be assessed against the land area of each of the parcels which are benefitted by the proposed improvement and are designated on the assessment plat. SECTION 6. PAYMENT OF ASSESSMENT: The special assessments shall be due and payable and may be paid in full without interest within 45 days from the date (the "Credit Date") of the Resolution of the City Council which accepts the improvements after completion of the improvements. If not paid in fu11, the special assessments may be paid in ten equal yearly installments of principal, plus interest thereon. If not paid when due, the unpaid balance of the special assessments shall bear interest at a rate of 8% per year, or at a rate of 1% per year above the rate of interest at which the improvement bond(s) which are authorized for the project and used for the improvements are sold, whichever rate is less. SECTION 7. DESIGNATION OF LANDS: The lands upon which this special assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for and which is on file with the City Clerk and which is incorporated by this reference into this Resolution as if fully set out herein. 2 J T SECTION 8. TOTAL ASSESSMENT COST: The total estimated project cost of the above-described improvements is shown to be $750,000 or the sum of $0.142786 per square foot to be paid by the property specially benefitted as shown on the assessment plat on file with the City Clerk. SECTION 9. ASSESSMENT PLAT: There is presently on file with the City Clerk a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All such documents are open to inspection by the public at the Office of the City Clerk. _ SECTION 10, ASSESSMENT ROLL: An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. SECTION 11. SECTION 170.14: The City imposed a special assessment against certain properties for the Riverfront Water Project with an adoption of Resolution 94-53 dated September 28, 1994. The City has undertaken the construction of the Riverfront Water Project. The construction of the Project reveals that there needs to be changes in the plans for the Project, and the charges and benefits to certain properties. Section 170.14 Florida Statute authorizes the City to impose a new assessment if an assessment is irregular, defective, or if the City shall have omitted to make such assessment when it might have done so. The City finds that certain of the assessments set out in Resolution 94-53 dated September 28, 1994, are defective and can not be collected. This resolution is for the purpose of causing an assessment to be made for the Riverfront Water Project under the provisions of Sections 170.03 and 170.14 Florida Statutes. SECTION 12. PUBLICATION. Upon the adoption of this Resolution, the City Council of the City of Sebastian shall cause this Resolution (along with a map showing the areas to be served) to be published once a week for a period of two weeks in the Vero Beach Press Journal before the public hearing required by Chapter 170, Florida Statutes. SECTION 13, UNCONSTI'T'UTIONAL PROVISIONS. If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall in no way affect the validity of the other provisions of this Resolution. SECTION 14, CONFLICTING RESOLUTIONS: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 15. Lr r k,CTIVE DATE: This Resolution shall take effective immediately upon its adoption. 3 The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Cornet Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Resolution duly passed and adopted this day of 11996. CITY OF SEBASTIAN, FLORIDA Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 92 Kathryn M. O'Halloran, CMC/AAE City Clerk Publish: Vero Beach Press Journal Display Ad - Sebastian Page December 26, 1995 and January 2, 1996 FS 170.05 4 North Cit �Llmlt6 Uty OF 5ebos lon CITY OF 5E6A5TIAN MASTRiM do MOIBR. INC. WATCR LAYOUT PLAN CONSULTING ENGINEERS L TO SERVE ..R.on w INri Iii ams ARCA EAST OI" U.S. GI TO INDIAN RIVERPC I aI,�,"m a .w REVISIOfVS:'� Mix � EARL H. MASTELLER. P.E. FL..M26658 wa ur-wc �� RESOLUTION NO. R-95-68 1"'"- A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING SPECIAL ASSESSMENTS, PROVIDING FOR WATER MAINS, WATER SERVICES, VALVES, FIRE HYDRANTS AND OTHER WATER DISTRIBUTIVE FACILITIES FOR THE AREA EAST OF U.S.1 TO THE INDIAN RIVER RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY; PROVIDING PUBLIC PURPOSE, THE NATURE OF THE IMPROVEMENTS, LOCATION OF THE IMPROVEMENTS, PORTIONS OF THE EXPENSE PAID BY ASSESSMENT, MANNER OF ASSESSMENT, ASSESSMENT PLAT, SECTION 170.14 FLORIDA STATUTES IMPOSITION ASSESSMENT ROLL, THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESIGNATION OF LANDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Florida ('.'City") finds that the improvements herein described are necessary to promote the public welfare of the City and elect to defray the cost thereof by special assessments against certain properties to be serviced by the water main and extensions to the area described as east of U.S. Highway #1 to the Indian River, with its southern boundary located on the City's South city limit line and with its northern boundary located on the City's north city limit line, hereinafter referred to as the "Riverfront Water Project"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. PUBLIC PURPOSE: The City does hereby determine and declare it is in the public interest to make water distribution system improvements to provide public water service for 310 parcels located within the City of Sebastian for the Riverfront Water Project and assessments shall be levied to defray the costs of the improvements in accordance with and in the manner provided for in Chapter 170, Florida Statutes. SECTION 2. NATURE OF IMPROVEMENT: The nature of the proposed improvement is to provide public water service with water mains, services, valves, fire hydrants and other water distribution facilities to the parcels located in the Riverfront Water Project. SECTION 3. LOCATION OF IMPROVEMENTS: The water mains, water services, valves, fire hydrants and other water distribution facilities will be located on U.S. Highway #1, Jackson Street, Madison Street, Coolidge Street, Cleveland Street, Martin Avenue, Indian River Drive, Davis Street, North Central Avenue, Jefferson Street, Washington Street and an unnamed alley from Martin Avenue running south 650 ± feet within the Riverfront Water Project as shown in the attached map which is made a part of this Resolution by reference. SECTION 4. PORTION OF EXPENSE PAID BY ASSESSMENT: The sum of r$ ?1#3 shall be paid from the special assessments as the properties in the Riverfront Water Project receive a special or peculiar benefit in the enhancement of the value of the properties arising from the improvement. The City of Sebastian shall pay the sum of 5? from its improvements funds for the public properties which receive a benefit from the assessment. SECTION S. MANNER OF ASSESSMENT: A special assessment in the amount of2`8 per square foot shall be assessed against the land area of each of the parcels which are benefitted by the proposed improvement and are designated on the assessment plat. SECTION 6. PAYMENT OF ASSESSMENT: The special assessments shall be due and payable and may be paid in full without interest K c within 45 days from the date (the "Credit Date") of the Resolution of the City Council which accepts the improvements after completion of the improvements. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal, plus . .....�......:.�........v.......�x...�........�...'.:..:..:.Y..Y.:..rY..L:.�....h. •.....+..�•. .,..':....:?..:.�.......�.�...:..� �..!...::.......... •... •.•,,.�:}•f!•:.!}'�•' !!. • :!•• :.,•.?::J:• :;.Y• Y::: Y.Y.Y •!••!!:!•:•�.IY: •:::::♦:•'•:ti' S:Tr'r*•LY::::-:..!.interest�.�: 13 }.�'fT,.}.;h,L••:h�{}Y:;' J'J••..}`;.. 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Y :: • :•:.L•r..•.•.• .....:................... .....v.L•.• ...........:: • •.};:.;.:.:.....•.•:.•.•. }}• :v :•::L:.Y:::.•:.:... ..i .... ... :'?}ri: x . r. r.. r'•'%y yr ��•m...�.LL �sy' m �{. j�.�j/r '��ww �:?:�MI�: �•}1:•��K ��:�T:...��Y•►....�}}': ••Ll�.•.• :: }......... } . . .. ......................... \ ..... ......::............ . : ..:.:w. � }:fi}: }:•}::?:•'r •: }:fi}: }:v...v....•.•:: rv...v.•!vr::::::::::.......v • v:•::..::w:: }}}: }'4'•r.• r.•r •ti/': �r:>.{{:?ti::'rC}r'rrjFr::ji} vv.:w:::::.Y.Y:::: • •.vv.•.v.:•.v.w.v::.v: v: :• v.}•::}•?.}•.;fi•{.}}••?fi•.;:.}': •;•}::•i:: ;•: w:.}.{r..:.•:{.v,.•; }...,}'•}Y.:•:•:??v:•::•: �•'j::: !'isiAi•X��•`�TAi?:'ti�:��:M�$::•�:Trt::•::iAi�1S! .�:�:: SECTION 7. DESIGNATION OF LANDS: The lands upon which this special assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for and which is on file with the City Clerk and which is incorporated by this reference into this Resolution as if fully set out herein. SECTION 8. TOTAL ASSESSMENT COST: The total estimated project cost of the above-described improvements is shown to be $750,000 or the sum of.4?8 per square foot to be paid by the property specially benefitted as shown on the assessment plat on file with the City Clerk. SECTION 9. ASSESSMENT PLAT: There is presently on file with the City Clerk a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed 3 improvements. All such documents are open to inspection by the public at the Office of the City Clerk. SECTION 10. ASSESSMENT ROLL: An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. SECTION 11. SECTION 170.14: The City imposed a special assessment against certain properties for the Riverfront Project with an adoption of Resolution 94-53 dated September 28, 1994. The City has undertaken the construction of the Riverfront Project. The construction of the Project reveals that there needs to be changes in the plans for the Project, and the charges and benefits to certain properties. Section 170.14 Florida Statute authorizes the City to impose a new assessment if an assessment is irregular, defective, or if the City shall have omitted to make such assessment when it might have done so. The City finds that certain of the assessments set out in Resolution 94-53 dated September 28, 1994, are defective and can not be collected. This resolution is for the purpose of causing an assessment to be made for the Riverfront '' Project under the provisions of Sections 170.03 and 170.14 Florida Statutes. SECTION 12. PUBLICATION: Upon the adoption of this Resolution, the City Council of the City of Sebastian shall cause this Resolution (along with a map showing the areas to be served) to be published once a week for a period of two weeks in the Vero Beach Press Journal before the public hearing required by Chapter 170, Florida Statutes. 4 SECTION 13. UNCONSTITUTIONAL PROVISIONS: If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall in no way affect the validity of the other provisions of this Resolution. SECTION 14. CONFLICTING RESOLUTIONS: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 15. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was . moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Resolution duly passed and adopted this day of December, 1995. CITY OF SEBASTIAN, FLORIDA By• Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 5 - -% 12-20-95 11:56AM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY RESOLUTION NO& R-12-18 P02 / oil - Pit ' A RESOLUTION OF THE CITY OF SZEASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING SPECIAL ASSESSMENTS, PROVIDING FOR WATER NARIS, WATER SERVIC$8, VALVES, FIRE HYDRANTO AND OTHER VATER DISTRIBUTIVE FACILITIES FOR TEE AREA EAST OF U. S.1 TO TSE INDIAN RIVER - - CENG FROM THS CITY 16 SOU.i Aaba BOUNDARY TO ITS NORTHERN BOUNDARY; PROVIDING PUBLIC PURPOSE, TSE NATURE OF TSE n[PROVEHENTS v LOCATION OF THE IHPROVEMENTB, PORTIONS OF THE EXPENSE PAID BY ASSESSMENT, MANNER OF ASBESSMENT, ASSE88XZNT PLAT, SECTION 170.14 FLORIDA STATUTES IMSIT=ON ASSESSNEW ROLL, THE TOTAL ESTIMATED COST, METROD OF PAYMENT OF AssZOSMENT88 MMMER of ANNUAL ZVOTALLMENTB, AND DZGXGNATtON OF LANDO; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RZOOLUTIONB OR PARTS OF RESOLUTIONS Ilii CONFLICT HEREWITR f AND PROVIDING FOR AN EFFECTIVE DATs. WEBREAB, the City of Sebastian, Florida ( "City") finds that the improvements herein described are necessary to promote the public welfare of the City and elect to defray the cost thereof by special assessments against certain properties to be serviced by the water main and extensions to the area described as east of U.S. Highway 01 to the Indian River, with its southern boundary located on the City's South city limit line and with its northern boundary located on the City's north city limit line, hereinafter referred to as the "Riverfront water Project"; NOW* THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY# FLORIDA, thats RECTION 1.. PUBLIC PURP08S9 The City does hereby determine and declare it is in the public interest to make water distribution System improvements to provide public water service for 310 parcels located within the City of Sebastian for the Riverfront water Project and assessments shall be levied to defray the costs of the improvements in accordance with and in the manner provided for in Chapter 170, Florida Statutes. --% 12-20-95 11:56AM FROM POTTERACCLELLAND TO SEBASTIAN CITY P03 SZCTlON pIMTURE OF INpaoVSHENT i The nature of the proposed IJL improvement is to provide public water service with water mains, services, valves, fire hydrants and other water distribution facilities to the parcels located in the Riverfront Water Project. RECTION L, LOCAT=OW OF n- -- VEMENTS: The water mains, water services, valves, fire hydrants and other water distribution facilities will be located on U.S. Highway #1, Jackson Street, Madison Street, Coolidge Street, Cleveland Street, Martin Avenue, Indian River Drive, Davis Street, North Central Avenue, Jefferson Street, Washington Street and an unnamed alley from Martin Avenue running south 650 f feet within the Riverfront Water Project as shown in the attached map which is made a part of this Resolution by reference. SECTIO A. pORTION OF EXPENSE PAID BY ABBBBSMSMTs The sum of $601,348.00 shall be paid from the special assessments as the properties in the Riverfront Water Project receive a special or peculiar benefit in the enhancement of the value of the properties arising from the improvement. The City of Sebastian shall pay the sum of $148,652.00 from its improvements funds for the public properties which receive a benefit from the assessment. ACTION S. XU=R OF ASSNSSM NT: A special assessment in -the amount of $0.142786 per square foot shall be assessed against the land area of each of the parcels which are benefitted by the proposed improvement and are designated on the assessment plat. SECTSAN a. PAYMENT OF ASSEBBMENT: The special assessments shall be due and payable and may be paid in full without interest 2 412-2 0-95 11:56AM FROM POTTERACCLELLAND TO SEBASTIAN CITY PO4 within 45 days from the date (the "Credit Daten) of the Resolution of the City Council which accepts the improvements after completion of the improvements. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, the unpaid balance of the special assessments shall bear interest at a rate of 8% per year, or at a rate of 1* per year above the rate of interest at which the improvement bond (s) which are authorized for the project and used for the improvements are sold, whichever rate is less., e ssoN 7. DROXG 1ATION OF LUMS: S: The lands upon which this special assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for and which is on file with the City Clerk and which is incorporated by this reference into this Resolution as if fully set out herein. 8x, =oxit LL TOTAL ABSE88MSNT COST.0 The total estimated project cost of the above-described improvements is shown to be $750,000 or the swop of $0.142786 per square foot to be paid by the property specially benefitted as shown on the assessment plat on file with the City Clerk. BELT=opt 2.x. ASSESSMENT PLAT: There is presently on file with the City Clark a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All such documents are open to inspection by the public at the Office of the City Clerk. 3 12-20-95 -95 11:56AM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY P05 SISCTXM ,10. A8888811M ROLL: An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. SECTION 1A. 82CTION 170,141 The City imposed a special assessment against curtain properties for the Riverfront Water Project with an adoption of Resolution 94--53 dated September 28, 1994. The City has undertaken the construction of the Riverfront Water Project. The construction of the Project reveals that there needs to be changes in the plans for the Project, and the charges and benefits to certain properties. Section 170.14 Florida Statute authorizes the City to impose a new assessment if an assessment is irregular, defective, or if the City shall have omitted to make such assessment when it might have done so. The City finds that certain of the assessments set out in Resolution 94-53 dated September 28, 1994, are defective and can not be collected. This resolution is for the purpose of causing g'assessment to be made for the Riverfront hater Project under the provision of Sections 170.03 and 170.14 Florida Statutes. DE.CTZOIR 12 0 PUBLICATION: Upon the adoption of this Resolution, the City Council of the City of Sebastian shall cause this Resolution (along with a asap showing the areas to be served) to be published once a week for a period of two weeks in the Vero Beach Press Journal before the public hearing required by Chapter 170, Florida Statutes. SECT_ ".L UNCONSTITUTIONAL PROVISION& If any clause, section, or other part of this Resolution shall be held by any 4 122 - a-95 11:56AM FROM POTTERACCLELLAND t TO SEBASTIAN CITY P06 Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall in no way affect the validity of the other provisions of this Resolution. SECTt L4.L COM'LICT7. G REGOLiT', IONS = All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. gagMI, N I&& EIPPBCTZVE DATE: This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion vice Mayor Carolyn Corum Councilmember Norma as Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Resolution duly passed and adopted this day of December, 1995, CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. O'Halloran, GMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 5 BY* Arthur L. Firtion, Mayor rs City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: R-95-68 & R-95-69 Riverfront Assessment Approval For Submittal By: City Manager EXPENDITURE REQUIRED: N/A AGENDA NO. 9s Z2-2- Dept. Z.Z Dept. Origin: City Manager Date Submitted: 12/15/95 For Agenda Of: 12/20/95 Exhibits: - Resolution R-95-68 and Resolution R-95-69 AMOUNT BUDGETED: N/A SUMMARY APPROPRIATION REQUIRED: N/A During the September 28, 1994 public hearing for the Riverfront Assessment for the installation of water main, water laterals and fire hydrants, the general public was advised that the proposed cost was a preliminary figure and we would provide the final figure after completion of the project. We are preparing our final cost figures and the final outcome appears to be lower than our original preliminary estimate for the cost of construction. However, during the construction period, we discovered that some adjustments would be required because we included some parcels that would not receive any benefit and we also discovered a few parcels that had not been correctly identified. After adjusting to these corrections, our final estimate provided a slight reduction in the square footage cost calculations. We decided however, that we should re -address the public hearing process for two reasons. First is to make sure all actions are technically correct and the second reason is to re -acquaint the City Council with the procedure because we will be addressing this same type of assessment procedure with the expansion of the "County" utility system within the City. 4r . The first Resolution R-95-68, establishes the need for the improvement and Resolution R- 95-69 establishes the public hearing date of January 10, 1996. At the January 10, 1996 hearing, the final assessment will be known and revealed so a resolution can be prepared for January 24, 1996 representing the final assessment figure. Although all of the above actions are primarily ministerial in nature, it is important that everyone understand the sequence of events as it relates to the various Resolutions. RECOMMENDATION 1. Approve Resolution R-95-68 2. Approve Resolution R-95-69, establishing the public hearing date of January 10, 1996. 0 I � k YY� ��11`t 1I' A RESOLUTION NO. R-95-68 A RESOLUTION OF THE CITY OF SEBASTIAN, INDI RIVER COUNTY, FLORIDA, DECLARING SPECIAL ASSESSMENTS, OVIDING FOR WATER MAINS, WATER SERVICES, VALVES, FI HYDRANTS OTHER WATER DISTRIBUTIVE FACILITIES FOR AREA EAST O U.S.1 TO THE INDIAN RIVER RUNNING FRO THE CITY'S SO RN BOUNDARY TO ITS NORTHERN BOUND Y; PROVIDING PUB L PURPOSE, THE NATURE OF THE IMP RO NTS, LOCATION OF TH IMPROVEMENTS, PORTIONS OF THE BPENSE PAID BY ASSESS , MANNER OF ASSESSMENT, SESSMENT PLAT, SECTION 1 0.14 FLORIDA STATUTES IM ITION ASSESSMENT ROLL, THE TAL ESTIMATED COST, HOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESIGNATION LANDS; PROVIDI FOR SEVERABILITY; PROVIDING FOR PEAL OF RESO UTIONS OR PARTS OF RESOLUTIONS IN C LILT HEREWIT ; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of `qebast the improvements herein des public welfare of the City , Florida ("City") finds that are necessary to promote the to defray the cost thereof by special assessments against ertai properties to be serviced by the water main and extensi s to thea a described as east of U.S. Highway #1 to the Indian iver, with its outhern boundary located on the City's South ci located on the City' to as the "Riverf rod limit line and wi north city limit line, Water Project"; its northern boundary inafter referred NOW, THEREFOPA p BE IT RESOLVED BY THE CITY COUftIL OF THE CITY OF SEBASTIAN INDJEAN RIVER COUNTY, FLORIDA, that: SECTION 1U PUBLIC PURPOSE: The City does hereby CXtermine and declare is in the public interest to make water distribion system improvements to provide public water service for 310 parcels located within the City of Sebastian for the Riverfront Water Project and assessments shall be levied to defray the costs of the improvements in accordance with and in the manner provided for in Chapter 170, Florida Statutes. SECTION 2. NATURE OF IMPROVEMENT: The nature of the proposed improvement is to provide public water service with water mains, services, valves, fire hydrants and other water distribution facilities to the parcels located in the Riverfront Water Project. SECTION 3. LOCATION OF IMPROVEMENTS: The water mains, water services, valves, fire hydrants and other water distribution facilities will be located on U.S. Highway #1, Jackson Street, Madison Street, Coolidge Street, Cleveland Street, Martin Avenue, Indian River Drive, Davis Street, North Central Avenue, Jefferson Street, Washington Street and an unnamed alley from Martin Avenue running south 650 ± feet within the Riverfront Water Project as shown in the attached map which is made a part of this Resolution by reference. SECTION 4. PORTION OF EXPENSE PAID BY ASSESSMENT: The sum of $606,945.00 shall be paid from the special assessments as the properties in the Riverfront Water Project receive a special or peculiar benefit in the enhancement of the value of the properties arising from the improvement. The City of Sebastian shall pay the sum of $143,055.00 from its improvements funds for the public properties which receive a benefit from the assessment. SECTION S. MANNER OF ASSESSMENT: A special assessment in the amount of $0.14278616 per square foot shall be assessed against the land area of each of the parcels which are benefitted by the proposed improvement and are designated on the assessment plat. SECTION 6. PAYMENT OF ASSESSMENT: The special assessments shall be due and payable and may be paid in full without interest 2 within 45 days from the date (the "Credit Date") of the Resolution of the City Council which accepts the improvements after completion of the improvements. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, the unpaid balance of the special assessments shall bear interest at the rate of 8% from the Credit Date until paid. SECTION 7. DESIGNATION OF LANDS: The lands upon which this special assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for and which is on file with the City Clerk and which is incorporated by this reference into this Resolution as if fully set out herein. SECTION 8. TOTAL ASSESSMENT COST: The total estimated project cost of the above-described improvements is shown to be $750,000 or the sum of $0.14278616 per square foot to be paid by the property specially benefitted as shown on the assessment plat on file with the City Clerk. SECTION 9. ASSESSMENT PLAT: There is presently on file with the City Clerk a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All such documents are open to inspection by the public at the Office of the City Clerk. SECTION 10. ASSESSMENT ROLL: An assessment roll with respect to the special assessments shall promptly be prepared in connection 3 with the special assessments. SECTION 11. SECTION 170.14: The City imposed a special assessment,against certain properties for the Riverfront Project with an adoption of Resolution 94-53 dated September 28, 1994. The City has undertaken the construction of the Riverfront Project. The construction of the Project reveals that there needs to be changes in the plans for the Project, and the charges and benefits to certain properties. Section 170.14 Florida Statute authorizes the City to impose a new assessment if an assessment is irregular, defective, or if the City shall have omitted to make such assessment when it might have done so. The City finds that certain of the assessments set out in Resolution 94-53 dated September 28, 1994, are defective and can not be collected. This resolution is for the purpose of causing as assessment to be made for the Riverfront Project under the provision of Sections 170.03 and 170.14 Florida Statutes. SECTION 12. PUBLICATION: Upon the adoption of this Resolution, the City Council of the City of Sebastian shall cause this Resolution (along with a map showing the areas to be served) to be published once a week for a period of two weeks in the Vero Beach Press Journal before the public hearing required by Chapter 170, Florida Statutes. SECTION 13. UNCONSTITUTIONAL PROVISIONS: If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall 4 in no way affect the validity of the other provisions of this Resolution. SECTION 14. CONFLICTING RESOLUTIONS: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 15. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Resolution duly passed and adopted this day of , 19 . CITY OF SEBASTIAN, FLORIDA By. Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 61 12-15-95 10:52AM FROM POTTERACCLELLAND TO SEBASTIAN CITY P06 2 RZSMUTION N0. 11-95-61 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY.. FLORIDA, DSCLJLRIXG SPECIAL ASSESSRRRTS, PROVZDXNG �y�, 12410 FOR MATER MAINSo, WAUR SERVICES, VALVES, FIRS HYDRANTS AND OTHER WATER DISTRIBUTIVE FACtLZT=SS FOR THE ARRA BAST mt-16 �, OF U-9-1 TO THE MEDIAE RIVER RUNNING FROM THE CITY'S 6OUT----I BOUNDARY TO ITS NORTHERN BOUNDARY; PROVIDING PUBLIC PURPOSs, THE RAW= OF TH8 NTS, LOCATION OF THE IMPROVEMENTS, PORTIONS OF THE EXPENSE PAID SY ASSESSUNNT, MANNER OF ASSESSMENT, ASSESSMENT PLAT, SECTION 170.14 FLORIDA STATUTES IMPOSITION ASSESSMENT ROLL, TUN TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, SER OF ANN= INS so AND DSSX=&TION OF LAMAS; PROVIDING FOR SEVVERABILITY; PROVXD13M FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Florida ("City") finds that the improvements herein described are necessary to promote the public welfare of the City and elect to defray the cost thereof by special assessments against certain properties to be serviced by the water main and extensions to the area described as east of U.S. Highway #1 to the Indian River, with its southern boundary located on the City's South city limit line and with its northern boundary located on the City's north city limit line, hereinafter referred to as the "Riverfront Water Project"; NOW, THX=7ORS, 8E IT RBSOLVSD BY TRS CITY COUNCIL OF THE CITY OF SEBASTIAN ZNDIAN RIVER COUXTY, FLORIDA, thats SECTIG I- PUBLIC PURPOSES The City does hereby determine and declare it is in the public interest to make water distribution system improvements to provide public water service for 310 parcels located within the City of Sebastian for the Riverfront Water Project and assessments shall be levied to defray the coats of the improvements in accordance with and in the manner provided for in Chapter 170, Florida Statutes. 12-15-95 10:52AM FROM POTTERACCLELLAND TO SEBASTIAN CITY P07 SECT20l1 IS. RATIIAS OF nwww8M8XT: The nature of the proposed improvement is to provide public water service with water mains, services, valves, fire hydrants and other water distribution facilities to the parcels located in the Riverfront Water Project. SSC TION ,& L=TION OF 1WROVSMSNTS: The water mains, water services, valves, fire hydrants and other water distribution facilities will be located on U.S. Highway #1, Jackson Street, Madison Street, Coolidge Street, Cleveland Street, Martin Avenue, Indian River Drive, Davis Street, North Central Avenue, Jefferson Street, Washington Street and an unnamed alley from Martin Avenue running south 650 t feet within the Riverfront Water Project as shown in the attached map which is made a part of this Resolution by reference. PORTION OF EXPENSE PAID BY ASSESSMZNT: The sum of $606,945.00 shall be paid from the special assessments as the properties in the Riverfront Water Project receive a special or peculiar benefit in the enhancement of the value of the properties arising from the improvement. The City of Sebastian shall pay the sum of $143,055.00 from its improvements funds for the public properties which receive a benefit from the assessment. ssCT�og & KAMM -OF ASSESSMENT= A special assessment in the amount of $0.14278616 per square foot shall be assessed against the land area of each of the parcels which are benefitted by the proposed improvement and are designated on the assessment plat. SECTION �,, PAST OF ASSESSMENT: The special assessments shall be due and payable and may be paid in full without interest KI 12-15-95 10:52AM FROM POTTERACCLELLAND TO SEBASTIAN CITY P08 within 45 days from the data (the "Credit Date") of the Resolution of the City Council which accepts the improvements after completion of the improvements. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, the unpaid balance of the special assessments shall bear interest at the rate of 88 from the Credit Date until paid. XON Z... DSSIGWATZON OF LAMSt The lands upon which this special assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for and which is on file with the City Clerk and which is incorporated by this reference into this Resolution as if fully set out herein. I, TOTAL ASSESSISST COST: The total estimated project cost of the above-described improvements is shown to be $750,000 or the sum of $0.14278616 per square foot to be paid by the property specially benefitted as shown on the assessment plat on file with the City Clerk, 2,,. ASSESSMW PLAT: There is presently on file with the City Clerk a plat showing the area to be assessed, plane and Specifications, and an estimate of the cost of the proposed improvements. All such documents are open to inspection by the public at the Office of the City Clerk. =ZJ3N 3&.- ASSSSSNZXT ROLL: An assessment roll with respect to the special assessments shall promptly be prepared in connection 3 i 12-15-95 10:52AM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY P09 with the special assessments. BSCT=Om 1.1m. SECTION 270.141 The City imposed a special assessment against certain properties for the Riverfront Project with an adoption of Resolution 94-53 dated September 28, 1994. The City has undertaken the construction of the Riverfront Project. The construction of the Project reveals that there needs to be changes in the plans for the Project, and the charges and benefits to certain properties. Section 170.14 Florida Statute authorizes the City to impose a new assessment if an assessment is irregular, defective, or if the City shall have omitted to make such as s es sment when it might have done so . The City f inds that certain of the assessments set out in Resolution 94-53 dated September 28, 1994, are defective and can not be collected. This resolution is for the purpose of causing a assessment to be made for the Riverfront Project under the provision of Sections 170.03 and 170.14 Florida Statutes. sSCT=oNPURL=CATION: Upon the adoption of this Resolution, the City Council of the City of Sebastian shall cause this Resolution (along with a map showing the areas to be served) to be published once a week for a period of two weeks in the Vero Beach Press Journal before the public hearing required by Chapter 170, Florida Statutes. BRCTs,1ILL UNcONszlTUTZoNAL PROVISIONS: If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall 4 12-15-95 10:52AM FROM POTTERACCLELLAND TO SEBASTIAN CITY P10 in no' way affect the validity of the other provisions of this Resolution. ARMION 1Aa. CONFLICTING RESOLUTIONS: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Sze_zm 21L ggggCT=vg DATg: This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmeinber The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R.'Cartwright The Mayor thereupon declared this Resolution duly passed and adopted this day of ., 19 CITY OF SEBASTIAN, FLORIDA By: ATTEST: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 5 ,1 ;12-95 11:41AM FROM POTTER, MCCLELLAND TO SEBASTIAN CIIY Ppb RESOLUTION NO* I A R$S t1T=ON OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY, RIMA, DECLARING SPEC= ASSESSMENTS PROVIDING FOR NA XAtNS, WATER SERVICES, VALVES, FIRE XYDRANTS AM OTZR TER DISTRIBUTIVE FACILITIES FOR THE AREA EAST OF U-311 THE INDIAN RIVER RUMNIG FROM THE CITY'S SOVTIiM SO ARY TO ITS RORT�ISRW SOt ROMY; PROVIDING P�2C PURPOS TIS NATttRE OF TK8 IMFROV'8lMTS, LOCATION CIF THE n�WRati 4ib, PORTIONS OF I= E NSB PAID SY �. f USES T, R OF ASSESOWNT, ASSESSMENT PIAT, +J SECTION 170.14 ZDA sTATUTRR INPOSSTION ASSESSMENT ROLL, THE TOTAL E IMATSD COST, XRTHOD OF PAYMENT Or Cm ASSESSMENTS, 1�UD� OF ANNUAL INSTALL.�..::�TS, AMD DZSXGIMT=ON OF r PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLI SSRRI+TI'TH; AND PROVIDING FOR AN ZFFECTIVS DATE. WHEREAS, the City of Sebas an, Florida ("City") finds that the improvements herein described are necessary to promote the public welfare of the City and elect defray the cost thereof by special assessments against certain pro erties to be serviced by the water main and extensions to the area d cribed as east of U.S. Highway #1 to the Indian River, with its lout ern boundary located on the City's South city limit line and with it northern boundary located on the City's north city limit line, here after referred to as the "Riverfrout Water Project"; NOW, 4A&AZYORZr 8E XT RESOLVED BY THS CI'T'Y COUNCIL F THE CITY OF SEBASTIAN nwIAN RIVER COUNTY r FLORIDA, than s aJ.L PUBLIC POSE: The City does hereby dot ins and declare it is in the public .interest to make water distribution system improvements to provide public water service for 310 parcels located within the City of Sebastian for the Riverfront Water Project and assessments shall be levied to defray the costs of the improvements in accordance with and in the manner provided for in Chapter 170, Florida Statutes. 12-12-95 11:41AM FROM POTTERACCLELLAND TO SEBASTIAN CITY P07 TCE 2,6. AOF IMPROVS11SNT: The nature of the proposed improv ent is to provide public water service with water mains, laterals, valves, fire hydrants and other water distribution facilities to the parcels located in the Riverfront Water Project. SIRCTTAN I.,. LOCATION OF IMPROVEMENTSs The water mains, water services, valves, fire hydrants and other water distribution facilities will be cated on U.S. Highway #1, Jackson Street, Madison Street, Coolid Street, Cleveland Street, Martin Avenue, Indian River Drive, Davis treat, North Central Avenue, Jefferson Street, Washington Street an an unnamed alley from Martin Avenue running south 650 t feet with the Riverfront Water Project as shown in the attached map which made a part of this Resolution by reference. SECTI4,:, PORTION OF SYPSNSB PA D BY ASSESSMENT: The sum of $ shall be paid from the ape ial assessments as the . properties in the Riverfront Water Proje t receive a special or peculiar benefit in the enhancement of the v ue of the properties arising from the improvement. The City of gab tiara shall pay the sum of $ from its general fund for the lic properties which receive a benefit from the assessment. BA,Ag I.,. MAMR OF ASSESSMENT: A special assessment in the amount of $ per square foot shall be assessed aga'nst the land area of each of the parcels which are benefitted by the proposed improvement and are designated on the assessment plat. SECTION fLA, PAYMENT OF ASSESSMENT: The special assessments shall be due and payable and may be paid in full without interest 2 12-12-95 11:41AM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY P08 w hin 45 days from the date (the "Credit Date") of the Resolution of t e City Council which accepts the improvements after completion of the provements. If not paid in full, the special assessments may be p d in ten equal yearly installments of principal plus interest. not paid when due, the unpaid balance of the special assessments eb 11 bear interest at the rate of 8% from the Credit Date until paid. a�CT '= Z, D ZONATION OF LMMS: The lands upon which this special assessment sh 1 be levied are all lots and lands adjoining and contiguous or bound g and abutting upon such improvements or specially benefitted th eby and Further designated by the assessment plat hereinafter rovided for and which is on file with the City Clerk and which is i corporated by this reference into this Resolution as if fully set ut herein. SECTION LL TOTAL ASSES COST: The total estimated project cost of the above-described ' provements is shown to be $750,000 or the sum of $ per squ a foot to be paid by the property specially benefitted as shown on the assessment plat on file with the City Clerk. SECTrog ,t, ASSESSNMT PLAT: There is presently on file with the City Clerk a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All such documents are open to inspection by the public at the Office of the City Clark, SECTIEW 22,, ASSESBUMT ROLL: An assessment roll with respect to the special assessments shall promptly be prepared in connection 3 • _ 1Z-12-95 11:41AM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY P09 N with the special assessments. s�CT=Ow 261. S$CTICN 170.14: The City imposed a special assessment against certain properties for the Riverfront Project with ad adoption of Resolution 94-53 dated September 28, 1994. The City has dertaken the construction of the Riverfront Project. The construe 'on of the Project reveals that there needs to be changes in the ane for the Project, and the charges and benefits to certain proper 'es. Section 170.14 Florida Statute authorizes the City to impose a ew assessment if an assessment is irregular, defective, or if the City shall have omitted to make such assessment when it might h ve done so . The City finds that certain of the assessments set out in esolution 94-53 dated September 28, 1994, are defective and can not collected. This resolution is for the purpose of causing s as lament to be made for the Riverfront Project under the provisio of Sectione 170.03 and 170.14 Florida Statutes. BSCTtOR � PVBLICATIOR: Upon the adoption of this Resolution, the City Council of the City of Seba tian shall cause this Resolution (along with a map showing the area to be served) to be published once a week for a period of two weeks in the Vero Beach Press Journal before the public hearing required Chapter 170, Florida Statutes. 12:. UNCONSTITUTIONAL PROM IONS : If any c 1 use, section, or other part of this Resolution shall be held by ny Court of competent jurisdiction to be unconstitutional or invalid; such unconstitutional or invalid part shall be eliminated and shall 4 12-12-95 11:41AM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY P10 in no way affect the validity of the other provisions of this Res lotion. CONFLICTING RESOLUTIONS: All Resolutions or parts o Resolutions in conflict herewith are hereby repealed to the eaten of such conflict. szml ,,& EFFSCTIVB DATE: This Resolution shall take effect immedia ly upon its adoption. The forego g Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, on uP g bean put into a vote, the vote was as fol ws: Mayor Arthur L. Firtion Vice Mayor Carolyn Coruna Councilmember Norma J. Dam Councilmember Ray Halloran Councilmember Louise R. Cartw 'ght The Mayor thereupon declared thi Resolution duly passed and adopted this day of f 19 CITY OF SASTIAN, FLORIDA By: Arthur L. ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 5 12-12-95 11:41AM FROM POTTERACCLELLAND TO SEBASTIAN CITY PH sit a. I CITY OF SEBASTIAN FAx TRANSMISSION 1225 MAIN STREET SEBASTIAN, FL 32958 (407) 589-5330 FAx:589-5570 To: Date: Fax #: 71,3 ' 7G % Pages: including this cover sheet. From: %� s� Subject: CONDAENTS: WISHING YO U A VERY MERRY CHRIST"VIAS AND A HAPPYAND HEALTHY NEW YEAR ,J LAND �X1.Q11' �� FOUR. ! LLt106 RZSCUMION NO. R- A RESOLUTION OF THE CITY OF SMASTIAS, z=zAX RIVER C.DVXTY, FLORIDA, DSCLARSSii SPSOIAL ASSZ38MMS , PROVTD12% MR, WATER X&IMS , WATER SERVI CE$ , VALVZS , FIRS HYDRAM. S Agin WAT= Dt3TRS3i=TM FACZLZTI$S PVR THS ARRA BAST OF U. S. 1 TO TSB IXDXM R.IVSR "amA-a�v FROU THE CITY'S SLw -&umub BOVRDARY TO ITS XQR • BOL NEULRY; PROVIDING PU33LI C PUR111063, T= OF TZX S , Z4=T10K OF TSS UPROVEMMS , PORTIONS OF VM Sx MME PAID BT ASSS$SUzNT, XAw.6k.4^__1 OF ASSEBMMT, ASSESSMZZT PLAT, SECTICK 170.14 FLORIDA IXFOS=TIOR ASSESSBSST ROLL, TSS TOTAL SSTMQTSD CAST, DMTSCD OF' PAYREST OF ASSBS06.& IA.&J , gR 4F AB I. jaX& :&dam_ S , A2M DRSIG MTON OF I+1iW6; PRCFOR O�4 za�_ABtLITY; PROi7IDIM FOR RRPRA.L Of RSSMTJTIOXS OR PARTS OF RRSOLi3TTCXS IN �,wNTLICT SSRMITH w AND PROVIDING FOR AN WHGRLA$ , rhe City of Sebastian, Florida rCity") 4? nd8 .hat the improvemen to herein described are necessary to promote the public welfare of the City and elect to defray the cost thereof by special assessments against certain properties to be serviced by .he water main and extensions to the area described as east of U.S. 34 ghway #1 to the Indian River, with its southern boundary located on the City's Scutt city limit laze and with :ts northern boundary located on the City's north city limit line, hereinaf Mer ref erred to as the "Riverfrout dater Pro j act" ; =W, 164" Mf 88 IT RSz.VSD SZ TAS c=TY CAOU"It.=z of TEX CITY OF SEBASTZM XIMMM RA V Ahm t OU=, P- M -M- na, that: ?MIC PQBPOSS: The City does hereby deter ize and declare it is in the public :3teres - to make water distribution system improvements to provide public water service for 310 parcels located within the City of Sebastian for the Riverfroat Water Pro J ec t and assessments stall be levied to defray the costs of the improvements i : accordance with and is the manner provided for iz Chapter 170, Florida Statutes. C�) AVUL a VI 1414-61 IWA4446"ISIU) Iu OLOR1121LAII VEK=w: The nature of the proposed improvement is to provide public water service with water mains, fisc "a distribution services, valves, am-dft hydrants and other water facilities to the parcels located in the -.iiver-fzrout Water Project. 97=10N .1, L=TIOX CW The water mains,, water services, valves, fire hydrants and other water d.Latributioa facilities will be located an U.S. Highway #If - Jackson Street, Z. Madison- Stxrset, Coolidge Street, Cleveland Street, Martin Avenue, Indian River Drive, I)avis Street, North Central Avenue., Jefferson, Washington Street and an unnamed alley from Martin Avenue running south 650 feat within the front ront Water Project as x shown in the attached map which is made a Dart of this Resolution by reference. SZ=IQK A.& P==QX OF &kU 4WN"PAID BY ILSSZSSKM: The SUM 0440 shall be paid from the Special assessments as the proper t-iss in the Riverfront Water ".Projecz receive a special or peculiar benefit in the enhancement of the value of the properties arising from the improvement. The City of Sebastian she? 1 Day the SUM Of from its improvements fonds for the public properties which receive a benstit from the assessmout. jao= -OF ASSZSSKUT: A special assessment in the amount of $0-1-4Q4**ZS=per square toot shall be assessed against the land area of each of the parcels which are bone -Fitted by the proposed imcrovement, and are designated on the assessment plat. OP 211=02 1.16 P�'L OF ASSESS]'. T The special assessments shall be due and payable and may be paid in .6'u 11 w.-LtIhow6-.- inrarest 2 : LA. iuo with, .n 4- days front the dans {the " Crec,_ t mate") of the Resolution of the City council which accents the improvements a ftar comp? etion of -1.-2ie improvements . _T fw not maid in u l 1, the specl.al as sae amen t8 may be maid in ten equal yearly installments of principal plus .iatere9 ;. i not paid when due, the unpaid balance of the special assessments shall bear azersst- at :he rate of 8% front the Credit Date s4t,il paid. DZSZZMWXcx aV LAMS t The lands upon which this saecial assessment shall be levied ars all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially beaaefi :ted thereby and fur`ti.har designated by the assessment plat hereina= ter provided for and which is an file with the C.1 ty C? ark and which is incor_aorated by this reference into this Resolution as if fully set out herein. SZCTTgl IL TOM ASSES T COST: The total estimated project cost o t the above -de s cri bed improvements is shown to be # $750/000 or the sum of $ 0 . '-i 2; Q 4, 4 per square foot to be paid by A property specially bene=itted as shown ops the assesstttent plat on file with the City Clerk. U=TQJ 2,i6 AMSM1032 .31 FLAT: There is presently on file with the City Clark a plat showing the area to be assessed, plans and specif i cations, and an estimate of the cost of the proposed improvements. All such doc=ents are open to inspect: on by the drub li c at the of =1ce Of t.ha City" Clark. ,Ia. ASSZSSXZXT RCL.- An assessment roll with respect to tae special assessments shall prompt 1 y be prepared in conned ion 3 0 5, ,i :SUM i V 111 -1. 1f1LLLLLL:i1V11 " CEJ "�13�H� 1 1HlV -V 1 l I RES40LUTION NC. R�9 A RRSOLUTI ON OF T33S Li i l OF $ZELASTIAM, I3 Irl A,., v Jfic "'WACA. i , F7 -4=1M,, A TMM AND FLACS AT WHICH TEE ONNSRS or PROFIMTIRS LOCATSD 4*A§A& u ="X IN THS AR$A EAST OF U.S. 1 TO MM I= A8 Al v &s AmauxijAv FRCK %W CITY ' S Swv:i.a A^ SwwvuARY TO ITS SORT. t SOMMARY AND IAN '.-"&%ZSTED PERSONS, DRAY APPEAR BEFORE TEE CITY COUXCIL AND BR MARD AS TO 'MM PROPRIETY AND ADVI SAS ILITY OF CONSTRUCTING M RIV2542f,ROR`3! PRQ.TSCT INCLUDING THE WATER r ' XAINS , WATER MvI CRS , VaLVES , nitz I I UMS ARD WATM M FACILITIES, AS To MM CC= THZR=r, AS To THE MMM ARD PAST �.�. �.�, AND A8 To TRS A�4GVNT TO SS $PSt:21? 2 ASSESSED A -&-moT EACH Pitta -A"%.& i BENEF is AD 44A60 ;d� J6; PROVIDING FOR 5a v A"%ASILITT; PRCVTDtNG FOR REPEAL OF R$SOL13TI08S OR PARTS OF RS MOTIONS IN CCM71-ICT MERENITS; ARD PRCVtDZNG FM AN SFPSCTIVZ DAT$ . Ifa�, the City Council of the City of Sebastian, Indian River County, Florida has, by Resolution go. R--95-0"8, determined that it is necessary for the public welfare of the citi2ens of the City, and particularly as to those living, working, and owning property within the area East of TJ -S- 1 to the Indian River running Troia the City's southern boundary to its northern boundary., that a R.iverfront Project including the water mains, , water services, valves, fire hydrants and other water distributive facilitiss (hereinafter referred to as the ORiverfroat Project-,'* should be installed to serve 310 parcels hereinafter described; and i- has been determined that the coat to be specially ,X 0,14L Z.�Re4 assessed with respect thereto shall be the sum of $0. per square foot; and S, the City Council of the City of Sebastian has caused an assessment roll to be conpletad and filed with the City Clerk; and Press -Journal, Tuesday, January 2, 1 ,StudiesIndicate r% Host Of, Human - Personality Traits NEW YORK (AP) — Scientists say they've Brian Gladue, who studies the biology of be- tween people is thought to be due to genes, identified a gene that influences how impul havior at the Institute for Policy Research at and the gene in the study accounts for about' sive, excitable, quick-tempered and extrava- the University of Cincinnati. one -fifth of this genetic component, Ebstein gant you are, a possible step toward "This is going to open up a whole new field said. unraveling the genetics of personality. of molecular personality research," he said. The gene's effect is too small to help an in - Two studies provide the first confirmed as- The discovery provides ,"the first missing surance company or prospective employer sociation between a particular gene and a nor- link" between genes and personality by impli- judge an applicant, said Dr. Jonathan Benja- mal personality trait — in this case, a eating a particular communication system in min, lead author of the second study. And he characteristic scientists call "novelty -seek- the brain, Gladue said. said he believed they shouldn't have access to ing" which includes impulsiveness,'excitabil- such information. ity and the like. In that communication system, brain cells Richard Coorsh, spokesman for the Health Previous studies have shown more gener- signal each other with a chemical messenger Insurance Association of America, said health ally that genes influence personality, as do a called dopamine. Dopamine is secreted by a insurers don't intend to require. any genetic person's life experiences. signaling cells, and delivers its message by testing for coverage. But if people who seek As scientists discover more individual binding to receptors on the surface of receiv- coverage as individuals rather than through a genes that affect . articular traits, it might ing cells. group _plan get such tests on their own, the re- open the door to identifying people at risk for The gene identified in the study tells cells sults would be part of their medical records problems like drug ' abuse and counseling how to make one kind of dopamine receptor. that would be available to insurance compa- them on how to lower their risk, said re- The studies found that, on average, people nies, he said. searcher Richard Ebstein. with a particular version of the gene score Ebstein's results came from 124 adults in Is - It might also add a twist to the issue of about 10 percent higher for novelty -seeking on rael who filled out a personality questionnaire who's entitled to know about a person's ge- Personality tests than people who, that and gave blood samples so their genes could netic makeup. version. be analyzed. An insurance company might want to know People who are above average on novelty- Ebstein's findings were reproduced in a that "genetically you're a thrill -seeker and en- seeking are impulsive, fickle, excitable, quick- study of 315Americans at the National I Benjamin n and col - joy jumping out of airplanes in a skydiving tempered and extravagant, while those scor- leagues Mental club, and taking risks in general," said Eb- ing below average tend to be reflective, rigid, Health and the National Cancer Institute in stein, director of research at the Sarah Her- loyal, stoic, slow to anger and frugal. Bethesda, Md. Benjamin is now assistant rector of psychiatry at Soroka Hospital in di- zog Memorial Hospital in Jerusalem. About 15 percent of people in Israel, Europe Beersheba, Israel, and a lecturer in psychia- Ebstein is the lead author of one study of the and the -United States carry the novelty -seek- try at Ben Gurion University in Beersheba. gene in the January issue of the journal Na. ing form of the gene. But just why it would en- Considering past disappointments in behav- ture Genetics. The second study reproduced courage novelty -seeking is still a mystery, ioral genetics, Benjamin said, he'd like to see Ebstein's results in a different population. Ebstein said. more confirmation of their finding. "That "This is major news," said psychologist About half the novelty -seeking variation be- would clinch it in my mind," he said. Fatal Heart Disorderi 6 , NEW YORK (AP) — A newly identified gene has been linked to about 55 percent of cases of an in- herited heart disorder that can kill young, otherwise healthy peo- ple. It's the third gene to be found for the inherited form of the ill- ness known as "long QT syn- drome,," which affects an estimated 20,000 Americans and is thought to cause 50 to 200 deaths a year. People with the disorder have an increased risk for ,episodes in which their heart races at 300 to 400 beats a minute, too fast to pump blood effectively. These ep- isodes lead to fainting and some- times death. QT is simply a label for a measure of the time it takes for the heart to get set for its next beat. Finding the third gene will help in diagnosis, said researcher Dr. Mark Keating. While the inherited condition is rare, knowing the three genes that cause it also suggests a pos- sible strategy for treating a more common problem of abnormal heartbeat, called ventricular ta- chyarrhythmias, which kills some 300,000 to 400,000 Americans a year, Keating said. Most of those cases are caused by heart attacks, but an unknown number of people get a non -inher- ited form of long QT syndrome as a side -effect of certain medica- tions or from other causes, Keat- ing said. The three genes tell heart cells how to make structures called ion channels that regulate heartbeat. The genes cause trouble when de- fective. So maybe channel mal- functions that don't come from gene defects cause other cases of ventricular tachyarrhythmias, Keating said. Drugs that correct malfunction- ing ion channels show promise for reducing the death rate from in- herited long QT syndrome, so they might also cut the risk of dangerous abnormal heartbeat after heart attacks, Keating said. Keating is a professor of medi- cine and human genetics and an associate investigator of the How- ard Hughes Medical Institute at the University of Utah. He and other scientists report the finding of the latest gene in the January issue of the journal Nature Genet- ics. q o w r�: :w.�� 1 9 9 5 W ALL-U-CAN-EAT TUESDAY & THURSDAY Choice of spaghetti or baked ziti, served w/salad and homemade bread.............$.95 Choice of lasagna, eggplant parmesan, stuffed shells or manicotti, served w/ salad & homemade bread ..05.95 Served 4-9 PM; eat -in only; no doggie bags, please. 4 iv® 480 U.S. 1 • Sebastian Reg. $8.45 5'5 (toppings extra) I® with this coupon only; Dine in or take out. expires 1/7/96 r — a °— -- ® ----I Served w/bread and salad. Choice of: Spaghetti, lasagna, stuffed shells, manicotti, eggplant Parmesan w/side of spaghetti, baked ziti, chicken Parmesan w/side of spaghetti, cheese ravioli, meat ravioli. LExpires 117/96. Dine -in only. W/coupon only ---------- —� ' ® " �_ • All Sales Final • No Adustments Made On Previous Purchases • Fixtures • Shelving • Displays • For Sale You can't beat garage sales for being practical. There just isn't a better, way to dispose of unwanted items and make way for the new. 562-261 1 YEARmEND CLEARANCE �tl h $ 00 Fon 919 "11 5911 ith Light $37 Five Glade 39 With Light Y L , 52" M•99 five glade Our Most Popular r?®OC WE o rf IIF, ".99 52" With light V99 52" Designer High Peri'ormance LIFETIME WRRRRNTV 96, 5A NOTICE OF PUBLIC HEARING CITY OF SEBASTIAN Notice is hereby given that the City Council of the City of Sebastian, _ dian River County, Florida, in accordance with Chapter 170, Florida Shin tes, hereby provides notice that it will conduct a public hearing at the C~ity Council Chambers, City Hall, 1225 Main Street, Sebastian, on January 10, 1996, at 7:00 p.m. for the purpose of hearing testimony as to the propri,aty and advisability of making improvements to provide public water service for the area which is located east of U.S. An #1 to the Indian River with. its southern boundary located on the City's south City limit line with its no;°th- ern boundary located on the City's north City limit line, hereinafter referred to as the Riverfront Water Project, as to the cost therefor of the project, a_ to the manner of payment therefor, as to the amount therefore to be assessed against each property so improved. The City Council shall meet and hear testimony from affected propERy owners as to the propriety and advisability of making the improvements and funding them with special assessments on the property in the Riverfr�nt Water Project area. Following the testimony, the City Council of the City of Sebastian shall make a final decision as to whether to levy, special assess- ments. Thereafter, the City Council shall meet as an equalization board, to hear and consider any and all complaints as to special assessments and shall adjust and equalize the assessments on the basis of justice and right. The City Council adopted Resolution NO. R-95-68 on December 20 1995, which revised and amended the prior resolutions of the City pertaining to the improvements which the City seeks to make and the assessments for the improvements. The Riverfront Water Project is to provide for water c{is tribution system improvements to furnish public water service for 310 par- cels of property in the area east of U.S. Highway #1 from the north to the south City limit and including Jackson Street, Madison Street, Coolidge Street. Cleveland Street, Martin Avenue, Indian River Drive, Davis Street, North Central Avenue, Jefferson Street, Washington Street, and an 1.in- named alley from Martin Avenue running south 650+- feet within the Riverfront Water Project. The improvements include water mains, water services, valves, fire hydrants, and other water distribution facilities. All affected persons have the right to appear and be heard at the above referenced meeting of the City Council and also have the right to file written comments or objections before the meeting to the City Clerk, 1225 M;un Street, Sebastian, Florida 32958, as to the propriety and advisability of m k- ing said improvements, as to the cost thereof, as to the manner of paym€nt therefore, as to the amount therefore to be assessed against each parcel of property benefited thereby. You are further advised that the description of each property to be as- sessed and the amount to be assessed to each property may be ascertained at the office of the City Clerk, City Hall, 1225 Main Street, Sebastian, Florida 32958 from Monday through Friday between the hours of 8:00 a.m. to 4°30 p.m. EACH PERSOI4 WHO DECIDES TO APPEAL ANY ACTION TAKEN AT THESE MEETINGS IS ADVISED THAT PERSON WILL NEED A RE- CORD OF THE PROCEEDINGS AND THAT ACCORDINGLY, THE PER SON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TH PROCEEDINGS IS MADE, INCLUDING THE TESTIMONY AND E DENCE UPON WHICH SUCH APPEAL IS TO BE BASED. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITI ACT (ADA) ANYONE WHO NEEDS A SPECIAL ACCOMMODATI FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COOR - NATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF T S MEETING, By Kathryn M. O'Halloran, CMC/AAE City Clerk The Center for Arthritis and Rheumatism Thomas B. Johnson, MD Board Certified Specializing in; • Joint Pain/Tendonitis • Osteoarthritis • Bursitis • Rheumatoid Arthritis • Back and Hip Pain • Systemic Lupus Erythematosis • Osteoporosis • Gout Medicare- and Most Major Insurance Accepted 778-6793 589-2450 Indian River Medical Center Bay Street Center 777 37th St. Suite D-105A 7750 Bay St., Suite 6 Vero Beach Sebastian Clifton Ckichofson, Jr. 10toC5 1 I 31v"O tj'asc �urL �i u>� `/keno- Oeczc/v q7ortWa� 234 9909 4A, Press -Journal, Tuesday, January 2, 1996 an iver Are Sebasti* R* •Grant •Micco-Little Hollywood •Barefoot Bay ®Sebastian •Fellsmere •Roseland • Vero Lake Estates #6021-11we CONSIGNMENT BOUTIQUE 569-1605 1599 10th Avenue Mon. -Sat. r enis etitio n i t o a �w'11s 1E�« HAIR FASHIONS By SHELLEY CANUPP Recently, leaders of the Vero Beach Little Mrs. Curley said transportation is not the Press -Journal Staff Writer League decided to restrict girls' softball to only issue. 1 $251- Up until a few days ago, Pat Callahan younger girls, ages 9-12 years old. Unlike Sebastian Little League, the county thought she had all the bases covered. This left girls 13-18 years old out of the ac- Recreation Department has paid umpires, ' Wash • Cut • Perm • Style I But now the Vero Beach/Indian River tion. Parents then approached the Recreation shorter, earlier games and paid concession ' a G Q Q A Q G County Recreation Department director is Department to fill in the gap. workers, she said. "< J V 7 ``F V 57 going bats answering phone calls from irate "We were eager to fill the need, she said, Nancy Diamond, president of Sebastian US t, Wabasso •Mon. thru Sat. North County parents. "We're being bombarded," Mrs. Callahan noting the new older -girls league was set to Little League, said her group just doesn't 1 Only=o Beach said Friday. ®n= ®= begin in January. The more activities for want to leave older girls by the wayside. The barrage began because the parents teen -alters, the better. They plan to have inter league play, holding want to enroll their daughters in a Recreation But Sebastian Little League leaders ob- games at different sites so the Vero each Department softball league, not a Sebastian Jected, insisting the American. and National girls wont be doing all the traveling. Little League -sponsored team. Little League gave them, not the Recreation They can practice at home (in Vero) and "The county offers a better program," said Department, the go-ahead to run a county- travel once a week to Sebastian, she said. Louise Curley of Sebastian, mother of two wide senior girls' softball league for ages 13- "That's not so bad." girls. 15 in Sebastian. Mrs. Curley said several parents are work Currently, the county only runs an instruc- Leaders from all the groups recently met to ing on a petition asking the Recreation De- tional girls' softball league off-season, from settle the dispute and it was determined that partment to sponsor a program at Hobart January to June, at Hobart Park to help the Sebastian Little League would run the older Park. girls brush up on their skills. girls' program. Mrs. Callahan said if the demand is there, The off-season program has been very well "After the meeting, several parents called, the Recreation Department will probably attended, with girls from all over the county asking that Vero run it," Mrs. Callahan said. sponsor a South County league. But they'd participating in the program, Mrs. Callahan "They said there will be transportation prob- hold the ball games somewhere in the south - said. lems with it all in Sebastian." ern portion of the county, not at Hobart Park. News Briefs 3300 Customers Paton said it was not known what caused the line at U.S. 1 and Lose Electricity Fellsmere Road to fall. "I suspect About 3,300 customers of Flor- it was due to the weather," Paton ida Power & Light in Sebastian said. were without electricity for up to 41/2 hours Monday when a downed Library Plans power line tripped a circuit at a substation around noon. Film OnIndia About 70 percent of FPL's cus tomers had electricity within 11/2 The Friends of the North Indian hours, said Doug Paton, emer- River County Library will show gency services supervisor. A spe- cial repair crew, brought in to fix the film "India: Empire of the the feeder line, had the problem Spirit" at 3 and 7:30 p.m. Jan. it in fixed by 4:20 p.m. when electricity the library's meeting room. Ad - flowed to the remaining custom- mission is free. The library is at ers. 1001 County Road 512. 0 '1" -1 & - Sizes 4-24 No Special Orders Wedding Gowns • Veils • Hats • Bras Slips • Prom • Reception Accessories Jewelry • Mother & Grandmother Dresses Cruise & Special Occasion • Dyeable Shoes One -of -a -Kind Bridesmaids • Store Fixtures (-MaAAy-gO-(�POulnd BRIDAL & FORMAL 562-3222 872 17th St. Plaza • Vero Beach • 1/2 bilk. W. of U.S. 1 Sale #119 559; Buy Or Sell With Classifiedl AMERICAN LEGION POST 189 TUESDAY NIGHT BINGO First Game 6:45 PM $250 Pro ressive Fortune Bingo $5d Consolation $250 Jackpot Progressive $100 Consolation 2- $100 Jackpots 35 Games Say Bingo! Gemberling's Steaks In Seafood Casual Dining Great STEAKS Food! ■ 9330 US 1, Micco, FL 664-3663 •eai^o' 58-.1-ob FREE Shop At Home Service. Call for an appointment. Jerry Smith rile, Inc. & Floorcovering 915 US Hwy 1 • Sebastian Mon. -Fri. 9-5 589-6818 a . SAVE TIME - Read the concise "Top of the Morningg news summaries in the Press -Journal SEaAS_J RIVER PERFORMING ARTS SERIES (� r "Invites You To Its �7 vj �1�`�q�A, 8EA6 N_ !J T At Fattifmfieks Featuring the NY cast of the newly recorded CD! Jan. 14, 3 PM a Jan. 15, 8 PM This is the perennial coming of age musical, full of charm and wit. A love story that seems to endure and reinvent itself every season. The songs, "Try to Remember," "Metaphor," and the rest express every reason to be in love. Prague thjatnber Or blto ra Each of the 36 musicians a maestrol Feb. 11, 3 PM Their North American Tour Premiere begins in the Sebastian/Vero area. Featured will be pianist Simone Pedroni, Gold Medalist/Van Cliburn Competition. American reviewers describe the orchestra as "dazzling" and "phenomenal." cte (jDe&"&mv Ba&1 From Russia! Mar. 4, 8 PM Featuring Prima Ballerina Assoluta, formerly of the Kirov Ballet-Galina Mezentseva. Recent tours of the Russian companies have thrilled Floridians. The Kirov, the Bolshoi, and now the St. Petersburg. -prey Lerovse i, f%iolinial Virtuoso Mar. 11, 8 PM It is our fortune to intercept Corey Cerovsek on his way to Lincoln Center's Great Performers Recital. In Germany, his concert review concludes, "The ovations refuhed to end. Only after two lengthy, brilliantly played encores was Cerovsek let off the stage." All performances at the Sebastian River High School State -of -the -Art Auditorium. CR 510 North Tickets Available at: Vero Beacher Decor, Pelican Shoppes, 9400 N. US 1 (2/10 mi. north of Hale Groves-Wabasso) or For seating information n 07_3SS_JLgn00 or ticket ordering by telephone call `t Four Concert Series Level One - $87 Level Two - $72 Level Three - $54 Students - $30 No Refunds or Exchanges. All shows subject to change. 574( ,Oo 0 0 o v ,:e o o ®o� OOp�0�0• ••• O O •O ®o O ®OE O • e s •Rid • - Come Celebrate OurL191e Furniture 5th year of Serving o ❑ n 'G and the Sebastian Area. ee O O ° R®®-n As of January 1996, we De ' 0 are becoming a o®a '� 00 NEW FURNITURE Io DISCOUNT CENTER. IF o We have expanded our sleep center. ® We will be featuring Sealy Bedding 00 along with Carlton, Capri, Stanley, Best and many others. .° �06® We offer FREE Delivery • FREE Set Up 4f O 30-60-90 Days Same As Cash With Approved Credit •. • A0 tNo We will be closed Tuesday, January 2, to prepare for our®�l DISCOUNT CENTER. o� Come see Sand Ridge Furniture for the first time on Wednesday, 0 ® January 3, for juice and donuts, while they last! Id 00 so 0 e o 1995 sales do not apply for the New Year. .0 b ®' Sand Ridge Furniture & Bedding U.S. Hwy 1 .Q 0 Sebastian s Home Town Furniture Store Wal-Mart K-Mart d° Located on US 1, across from K-Mart Sand Ridge Furniture • 388-3919 0 0." e o e °O OT A .taste ®f • An Authentic Philadelphia Eatery • Tues.: Pot Roast • Wed.: Meat Loaf • Thurs.: Roast Turkey • Fri.: Pork & Sauerkraut • Sat.: Ham • Sun.: Chef's Surprise TRY US FOR A BREAKFAST! 1401 Indian River Dr., Q Q Q Sebastian 388-9808 PUBLIC NOTICE CITY OF SEBASTIAN The City Council of the City of Sebastian, Indian River County, Florid adopted the following resolution, in accordance with Section 170.03 170.14, Florida Statutes, at its December 20, 1995 regular meeting. This reso tion is published in accordance with Section 170.05, Florida Statutes. RESOLUTION NO. R-95-68 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING SPECIAL ASSESSMENTS, PROVIDING FOR WATER MAINS, WATER SERVICES, VALVES, FIRE HYDRANTS AND OTHER WATER DISTRIBU- TIVE FACILITIES FOR THE AREA EAST OF US 1 TO THE IN- DIAN RIVER RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY; PROVIDING PUBLIC PURPOSE, THE NATURE OF THE IMPROVEMENTS ' LOCATION OF THE IMPROVEMENTS, PORTIONS OF THE EX- PENSE PAID BY ASSESSMENT, MANNER OF ASSESSMENT, " ASSESSMENT PLAT, SECTION 17014 FLORIDA STATUTES IM- POSITION ASSESSMENT ROLL, THE TOTAL ESTIMATED COST, METHOD OF PAYMRNT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESIGNATION OF LANDS; PROVIDING FOR SEVERABILM, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON- FLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Florida ("City") finds that the in- provements herein described are necessary to promote the public welfare of the City and elect to defray the cost thereof by special assessments against cer- tain properties to be serviced by the water main and extensions to the area de- scribed as east of U.S. Highway #1 to the Indian River, with its southern boundary located on the City's South city limit line and with its northern boundary located on the City's north city limit line, hereinafter referred to as the "Riverfront Water Project," NOW, THEREFORE, BE rr RESOLVED BY THE CITY COUNCIL OF THE CrrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. PUBLIC PURPOSE: The City does hereby determine and de- clare it is in the public interest to make water distribution system im- provements to provide public water service for 310 parcels located within the City of Sebastian for the Riverfront Water Project and assessments shall be le- vied to defray the costs of the improvements in accordance with and in the manner provided for in Chapter 170, Florida Statutes. SECTION 2. NATURE OF IMPROVEMENT: The nature of the proposed improvement is to provide public water service with water mains, services, valves, fire hydrants and other water distribution facilities to the parcels ta- cated in the Riverfront Water Project. SECTION 3. LOCATION OF IMPROVEMENTS: The water mains, water services, valves, fire hydrants and other water distribution facilities will be lo- cated on U.S. Highway #1, Jackson Street, Madison Street, Coolidge Street Cleveland Street, Martin Avenue, Indian River Drive, Davis Street, North Cen- tral Avenue, Jefferson Street, Washington Street and an unnamed alley frctn Martin Avenue running south 650+/- feet within the Riverfront Water Project as shown in the attached map which is made a part of this Resolution by refer- ence. SECTION 4. PORTION OF EXPENSE PAID BY ASSESSMENT: The sum of $601,348.00 shall be paid from the special assessments as the properties in the Riverfront Water Project receive a special or peculiar benefit in the en- hancement of the value of the properties arising from the improvement. The City of Sebastian shall pay the sum of $148,652.00 from its improvements funds for the public properties which receive a benefit from the assessment. SECTION 5. MANNER OF ASSESSMENT: A special assessment in the amount of $0.142786 per square foot shall be assessed against the land area of each of the parcels which are benefited by the proposed improvement and are designated on the assessment plat. SECTION 6. PAYMENT OF ASSESSMENT: The special assessments shall be due and payable and may be paid in full without interest within 45 days from the date (the "Credit Date") of the Resolution of the City Council which accepts the improvements after completion of the improvements. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal, plus interest thereon. If not paid when due, the unpaid balance of the special assessments shall bear interest at a rate of 8% per year, or at a rate of 1% per year above the rate of interest at which the improvement bond(s) which are authorized for the project and used for the improvements are sold, whichever rate is less. SECTION 7. DESIGNATION OF LANDS: The lands upon which this spe- cial assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefited thereby and further designated by the assessment plat hereinafter provided for and which is on file with the City Clerk and which is incorporated by this inf- erence into this Resolution as if fully set out herein. SECTION 8. TOTAL ASSESSMENT COST: The total estimated project cost of the above -described improvements is shown to be $750,000 or the sum of $0.142786 per square foot to be paid by the property specially benefited as shown on the assessment plat on file with the City Clerk. SECTION 9. ASSESSMENT PLAT: There is presently on file with the City Clerk a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All such documents are open to inspection by the public at the Office of the City Clerk. SECTION 10. ASSESSMENT ROLL: An assessment roll with respect to the special assessments shall be promptly prepared in connection with the special assessments. SECTION 11. SECTION 170.14: The City imposed a special assessment against certain properties for the Riverfront Water Project with an adoption of Resolution 94-53 dated September 28, 1994. The City has undertaken the con- struction of the Riverfront Water Project. The construction of the Project re- veals that there needs to be changes in the plans for the Project, and the charges and benefits to certain properties. Section 170.14 Florida Statute au- thorizes the City to impose a new assessment if an assessment is irregular, de- fective, or if the City shall have omitted to make such assessment when it might have done so. The City finds that certain of the assessments set out in Resolution 94-53 dated September 28, 1994, are defective and cannot be col- lected. This resolution is for the purpose of causing an assessment to be made for the Riverfront Water Project under the provisions of Sections 170.03 and 170.14 Florida Statutes. SECTION 12. PUBLICATION: Upon adoption of this resolution, the City Council of the City of Sebastian shall cause this Resolution (along with a map showing the areas to be served) to be published once a week for a period of two weeks in the Vero Beach Press -Journal before the public hearing required by Chapter 170, Florida Statutes. SECTION 13: UNCONSTITUTIONAL PROVISIONS: If any clause, sec- tion, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall in no way affect the validity of the other pro- visions of this Resolution. SECTION 14. CONFLICTING RESOLUTIONS: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such con- flict. SECTION 15. EFFECTIVE DATE: This Resolution shall take effect imme- diately upon its adoption. NIA The foregoing Resolution was moved for adoption by Councilmember Co - rum. The motion was seconded by Councilmember Damp and upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion AYE Vice Mayor Carolyn Corum AYE Councilmember Norma J. Damp AYE Councilmember Ray Halloran ABSENT Councilmember Louise R. Cartwright AYE The Mayor thereupon declared this Resolution duly passed and adopted this 20th day of December, 1995. ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney Kathryn M. O'Halloran, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA Arthur L. Firtion, Mayor 558=46