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HomeMy WebLinkAboutResolution No. R-96-04 Approving Riverfront Water ProjectRESOLUTION NO. R-96-04 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A PROJECT FOR WATER MAINS, WATER SERVICE, VALVES, FIRE HYDRANTS, AND OTHER WATER DISTRIBUTION FACILITIES TO AN AREA KNOWN AS THE RIVERFRONT WATER PROJECT EAST OF U.S. 1 TO THE INDIAN RIVER, RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY; CONSIDERING THE TESTIMONY ON THE PROPRIETY AND THE ADVISABILITY OF FUNDING THE PROJECT WITH SPECIAL ASSESSMENTS; MAKING THE FINAL DECISION ON LEVYING THE SPECIAL ASSESSMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Florida (City) finds that drinking water in the areas from U.S. 1 to the Indian River, running from the City's southern boundary to its northern boundary, is high in chlorides and does not always meet the public drinking water standards; and, WHEREAS, the provision of a central public water supply would provide a dependable and safe supply of public water which would meet the public drinking water standards; and, WHEREAS, a central water system will provide public fire hydrants which would aid in fire protection; and, WHEREAS, the provision of a safe and dependable public drinking water supply to the area adjacent to the Indian River would promote the public health and economic growth; and WHEREAS, the City, on September 28, 1994, adopted Resolution R-94-53 to provide for a public water project for the area east of U.S. 1 to the Indian River running from the northern City limit to �6 the southern City limit of the City of Sebastian, hereinafter referred to as the "Riverfront Water Project"; and WHEREAS, the City has furnished notice by publication and by mail to the owners of property that they may appear at a hearing conducted under the provisions of Sections 170.08 and 170.14 of the Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. HEARING. The City of Sebastian has met and heard testimony under the provisions of Sections 170.08 and 170.14 of the Florida Statutes on the propriety and advisability of making the Riverfront Water Project improvements, and funding them with special assessments on property in the Riverfront Water Project area. SECTION 2. PUBLIC INTEREST: After hearing all of the testimony at the hearing, the City does hereby determine and declare it is in the public interest to provide the Riverfront Water Project which is to furnish public water service with water mains, water services, valves, fire hydrants and other water distribution facilities to parcels located east of U.S. 1 to the Indian River, running from the City's northern boundary to its southern boundary, the nature and location of which are described in Resolution R-95-68 and more particularly described in the plans and specifications on file in the Office of the City Clerk. SECTION 3. FINAL DECISION: The City does hereby determine and declare its final decision to levy special assessments for the 2 Riverfront Water Project. The City shall meet hereforth as an equalization board to hear any and all complaints as to the special assessments and shall adjust the special assessments on a basis of justice and rights. SECTION 4. SECTION 170.14, FLORIDA STATUTES: The City imposed a special assessment against certain properties for the Riverfront Water Project with the adoption of Resolution R-94-53 dated September 28, 1994. The City has undertaken the construction of the Riverfront Water Project. The City finds that certain of the assessments set out in the assessment roll adopted with Resolution R-94-53 dated September 28, 1994, are defective and cannot be collected. This Resolution is for the purpose of making a final decision to levy special assessments for the Riverfront Water Project under the provisions of Sections 170.08 and 170.14, Florida Statutes. SECTION S. SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 6. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. 3 SECTION 7. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. The foregoing, Resolution was moved for adoption by Councilmember (_ �- T ��� �.'>`� The motion was seconded by Councilmember rj, (._ C �a >> 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 Louise R. Cartwright Councilmember Ray Halloran ;"c'�•;, The mayor thereupon declared this Resolution duly passed and adopted this /C' day of �` IA J_„ ZLJI, �.; 191 L- . CITY STIAN, LLbA- by: Arthur L. Firtion, Mayor ATTEST: Kathryrr'M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: CLQ Q. 1A rCZjr Clifton A. McClelland, Jr. City Attorney 4 a DAz-: TO r _ ONr: CC. Cl'l '-) OF SEBASTL-11-,�.\T 1225 NL41N S 1�''Zt E T S`Zi V, FL 32958 T r -,'h'ONE (-d-07)589-5330 Fax r : (=07)589-5.5i 0 FAX TRA.NSNUSSION COVLR SHEET -90vC2�2-4198 /`161,1 /Wa5Y7 a rm t R 9G -6q :eO U" 5'OUL.D R-SCEIVE RAGE(S), INCL v DING = COVER Sr. -T. IF VO Z,' jJ' O NOT R C ,,lE AL..r 7J.� p G,c.S, P L .;c.- St Cs..L.�. (40 ?)58 9-5330, Er","' N OTES/SPECL INSTRUCTION &tta �C& the southern City limit of the City of Sebastian, hereinafter referred to as the "Riverfront Water Project"; and WHEREAS, the City has furnished notice by publication and by mail to the owners of property that they may appear at a hearing conducted under the provisions of Sections 170.08 and 170.14 of the Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. HEARING. The City of Sebastian has met and heard testimony under the provisions of Sections 170.08 and 170.14 of the Florida Statutes on the propriety and advisability of making the Riverfront Water Project improvements, and funding them with special assessments on property in the Riverfront Water Project area. SECTION 2. PUBLIC INTEREST: After hearing all of the testimony at the hearing, the City does hereby determine and declare it is in the public interest to provide the Riverfront Water Project which is to furnish public water service with water mains, water services, valves, fire hydrants and other water distribution facilities to parcels located east of U.S. 1 to the Indian River, running from the City's northern boundary to its southern boundary, the nature and location of which are described in Resolution R-95-68 and more particularly described in the plans and specifications on file in the Office of the City Clerk. SECTION 3. FINAL DECISION: The City does hereby determine and declare its final decision to levy special assessments for the 2 1^ , O c IA First Resolution under 170.08 1/10/96 Meeting RESOLUTION NO. R-96-64 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A PROJECT FOR WATER MAINS, WATER SERVICE, VALVES, FIRE HYDRANTS, AND OTHER WATER DI STR UTION FACILITIES TO AN AREA KNOWN AS THE RIVERFR WATER PROJECT EAST OF U.S. 1 TO THE INDIAN RIVER, R ING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN UNDARY; CONSIDERING THE TESTIMONY ON THE PROPRIETY THE ADVISABILITY OF FUNDING THE PROJECT WITH SPECIAL SSESSMENTS; MAKING THE FINAL DECISION ON LEVYING THE SPECIAL ASSESSMENTS; PROVIDING FOR SEVERABILITY; P VIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUT NS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of S bastian, Florida (City) finds that drinking water in the areas om U.S. 1 to the Indian River, running from the City's southern b'qundary to its northern boundary, is high in chlorides and does not a4ways meet the public drinking water standards; and, WHEREAS, the provision of a centra public water supply would provide a dependable and safe supply of ublic water which would meet the public drinking water standards; nd, WHEREAS, a central water system will provide public fire hydrants which would aid in fire protection; c\nd, WHEREAS, the provision of a safe and ependable public drinking water supply to the area adjacent to t e Indian River would promote the public health and economic growth; nd WHEREAS, the City, on September 28, 1994, adopted R olution R-94-53 to provide for a public water project for the area east of U.S. 1 to the Indian River running from the northern City limit to the southern City limit of the City of Sebastian, hereinafter referred to as the "Riverfront Water Project"; and WHEREAS, the City has furnished notice by publication and by mail to the owners of property that they may appear at a hearing conducted under the provisions of Sections 170.08 and 170.14 of the Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. HEARING. The City of Sebastian has met and heard a testimony under the provisions of Sections 170.08 and 170.14 of the Florida Statutes on the propriety and advisability of making the Riverfront Water Project improvements, and funding them with special assessment on property in the Riverfront Water Project area. SECTION 2. PUBLIC INTEREST: After hearing all of the testimony at the hearing, the City does hereby determine and declare it is in the public interest to provide the Riverfront Water Project which is to furnish public water service with water mains, water services, valves, fire hydrants and other water distribution facilities to parcels located east of U.S. 1 to the Indian River running from the City's northern boundary to its southern boundary, the nature and location of which are described in Resolution R-95-68 and more particularly described in the plans and specifications on file in the Office of the City Clerk. SMxION •3. FINAL DECISION: The City does hereby determine and declare its final decision to levy special assessments for the 2 Riverfront Water Project. The City shall meet hereforth as an equalization board to hear any and all complaints as to the special assessments and shall adjust the special assessments on a basis of justice and rights. SECTION 4. SECTION 170.14, FLORIDA STATUTES: The City imposed a special assessment against certain properties for the Riverfront Water Project with the adoption of Resolution R-94-53 dated September 28, 1994. The City has undertaken the construction of the Riverfront Water Project. The City finds that certain of the assessments set out in the assessment roll adopted with Resolution R-94-53 dated September 28, 1994, are defective and cannot be collected. This Resolution is for the purpose of making a final decision to levy special assessments for the Riverfront Water Project under the provisions of Sections 170.08 and 170.14, Florida Statutes. SECTION 5. SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. N TION §-.- CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. 3 SECTION ,7 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 Louise R. Cartwright Councilmember Ray Halloran 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 4 LAW OFFICES OF POTTER, MCCLELLAND, MARKS & HEALY, P. A. WILLIAM C. POTTER FIRST UNION HANE BUILDING, SUITE 400 CLIFTON A. MCCLELLAND, JR. 700 SOUTH BA COCK STREET DOUGLAS D. MARES POST OFFICE BOX 2523 PATRICH F. HEALY TIMOTHY M. WILLIAMs MELBOURNE, FLORIDA 32902-2523 1 (407) 984-2700 HARRY A. JONES d) RHPLY TO: MELBOURNE Fe 40 723-4092 OE COUNSEL ,� 1998 200 BREYARD AVENUE �'1 aaa-1'e OOCO(`07) J/flee aerSV 634-5032922 11 December 28, 1995 Mr. Joel L. Koford City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Koford: Please find enclosed drafts of two Resolutions. The first Resolution is the Resolution which would be proposed as the final decision of Council on whether to levy the special assessments on January 10, 1996. The second Resolution constitutes the Resolution at the conclusion of the equalization hearing which authorizes the filing of the final assessment roll. A third Resolution which accepts the project on behalf of the City and credits to each assessment the difference in the assessment made and the proportionate cost of the actual cost of the project will be prepared for the January 24th meeting. Section 7 of the second Resolution on the payment of the special assessment and the method of collection should state the amount that the landowners will be actually charged as interest. On January 10, 1996, we should know what the bank is charging and it would be more accurate to put it in the Resolution with the 10% premium instead of the alternate language of 8% of 1% above the financing cost, whichever is less. On the meeting which is scheduled for January 4th, I would propose that we discuss items as follows: 1. Verification of the accuracy of all language in both Resolutions, including the exhibits which are the estimated cost of the project, and the final assessment roll, which is Exhibit "B." Mr. Joel L. Koford December 28, 1995 Page 2 2. A determination of all assessments which cannot be charged against property owners because of the inclusion of water in the property description or there is no access to the water line. The properties which will have assessments modified or released shall be identified on Exhibit "C" of the second Resolution. Respectfully, a . Ix cam. j Clifton A. McClelland, Jr. CAM/tah Enclosures cc: Earl Masteller Mark Mustian