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HomeMy WebLinkAboutResolution No. R-95-69 Setting Time & Place For HearingP.O. Box 1268 Vero Beach, Florida 32961 562-2315 COUNTY OF INDIAN RIVER��+�� JOUrTIt1� . STATE OF FLORIDA Before the undersigned authority personally appeared J.J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a newspaper published at Vero Beach in Indian River County, Florida; that display advertisements, one 14 column inches and a second 36 column inches, at $5.38 per column inch, billed to City of Sebastian was published in said newspaper in the issue(s) Of January 2, 1996 Sworn to and subscribed before me this 4 day of January A D 1996 •�♦• ` • ♦iM '��i s �: My Comm. Expires June 29,1997 • No. CC300572 • • OF Business anager BARBARA C. SPRAGUE, NOTARY PUBLIC, State of Florida. My Commission Exp. .lune 29,1997 Comm sion Number: CC300572 a •4 Notary: BARBARA C SPRAGUE Press -Journal, Tuesday, January 2, 1996, 5A NOTICE OF PUBLIC HEARING CITY OF SEBASTIAN Notice is hereby given that the City Council of the City of Sebastian, In- dian River Cpountdy, Florida, in accordance with Cnduct a hater170, Florida Statuy- tesCouncileChambets, Cityles uHall, 1225 Mace that it will in Street, Seblic astian on Janat uary 1t0, i 1996, at 7:00 p.m. for the purpose of hearing testimony as to the propriety and advisability of making improvements to provide public'water service for r the area which is located east of U.S. Highway #1 to the Indian River with its j southern boundary located on the City's south City limit line with its north- 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, as to -; the manner of payment therefor, as to the amount thetefore to be assessed against each property so improved. �1 The City Councd shall meet and hear testimony from affected property i owners as to the propriety and advisability of making the improvements and funding them with special assessments on the property in the Riverfront Water Project area. Following the testimony, the City Council of the City of Sebastian shall make a fmal 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 ofjustice 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 dis- 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, nt North Central Avenue, Jefferson Street, Washington Street, and an un- 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 Main Street, Sebastian, Florida 32958, as to the propriety and advisability of mak- ing said improvements, as to the cost thereof, as to the manner of payment 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 fhe hours of 8:00 a.m. to 4:30 p.m. EACH PERSON 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 THE PROCEEDINGS IS MADE, INCLUDING THE TESTIMONY AND EVI- DENCE UPON WHICH SUCH APPEAL IS TO BE BASED. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDI- NATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING, By Kathryn M. O'Halloran, CMC/AAE City Clerk RESOLUTION NO. R-95-69 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED GENERALLY IN THE AREA EAST OF U.S. 1 TO THE INDIAN RIVER RUNNING FROM THE CITYIS SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE CITY COUNCIL AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE RIVERFRONT WATER PROJECT INCLUDING THE WATER MAINS, WATER SERVICES, VALVES, FIRE HYDRANTS AND OTHER WATER DISTRIBUTIVE FACILITIES, AS TO THE COST THEREOF, AS TO THE MANNER AND PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITTED THEREBY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida has, by Resolution No. R-95-68, determined that it is necessary for the public welfare of the citizens of the City, and particularly as to those living, working, and owning property within the area East of U.S. 1 to the Indian River running from the City's southern boundary to its northern boundary, that a Riverfront Water Project including the water mains, water services, valves, fire hydrants and other water distributive facilities (hereinafter referred to as the "Riverfront Water Project,," should be installed to serve 310 parcels hereinafter described; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be the sum of $0.142786 per square foot; and WHEREAS, the City Council of the City of Sebastian has caused an assessment roll to be completed and filed with the City Clerk; and WHEREAS, Chapter 170, Florida Statutes, requires that the City Council shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the City Council and be heard as to the propriety and advisability of constructing such Riverfront Water Project, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefitted thereby; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. The City Council shall meet at the City Hall Chambers of the City of Sebastian at the hour of 7:00 p.m. on Wednesday, January 10, 1996, at which time the owners of the properties to be assessed and any other interested persons may appear before said City Council and be heard in regard to the propriety and advisability of constructing such Riverfront Water Project, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefitted thereby. The area to be improved and the properties to be specially benefitted are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. SECTION 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefitted may review the assessment plat showing the area to be assessed, the assessment roll, the plans and 2 specifications for said improvements, and an estimate of the cost thereof at the Office of the City Clerk any week day from 8:00 a.m. to 4:30 p.m. SECTION 3. Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. The City Clerk shall give the owner of each property to be specially assessed at least ten days notice in writing at such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. SECTION 4. 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 S. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. This Resolution shall become effective upon its passage and adoption. The foregoing Resolution Councilmember ,C.C.I��►�-{� <<. Councilmember the vote was as follows: 3 was moved for adoption by The motion was seconded by and, upon being put to a vote, Mayor Arthur L. Firtion Vice -Mayor Carolyn Corum Councilmember Norma J. Damp; Councilmember Louise R. Cartwright ;l Councilmember Ray Halloran The mayor thereupon dared this Resolution duly passed and adopted this i.N, U' ` it day of f LAte: t 19 ATTEST: L Kathryh M. d' Hallorafi CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 4 CITY OF SEBASTIAN, FLORIDA by : Arthur L. Firtion, Mayor 4A, Press -journal, Tuesday, December 26, 1995 NOTICE OF PUBLIC HEARING CITY OF SEBASTIAN Notice is hereby g�vert that the City Council of the City of Sebastian In- dian River County, Florida, in accordance with Chappto'170, Florida Statu- tes, hereb provides notice that it will conduct a 5peublic hearing at the Ci 1 6 Council t 7 000 p m. fortleHpurposeSMain of hearing testimonytiaass,on to the prop e� and advisability of making improvements to provide•publie water service for the area which is located east of U.S. Highway #1 to the Indian River with its southern boundary located on the City's south City limit line with its north- 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, as 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 property owners as to the propriety and advisability of making the improvements and funding them with special assessments on the property in the Riverf ont We Project area. Following the testimony, the City Council of the City of Sebastian shall make a fmt 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 ofjustice 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 dis- tribution system impprovements. 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 un- named alley from Martin Avenue running south 850+- 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 therpt to file written comments or objections before the meeting to the City Clerk, 1225 Main Street, Sebastian, Florida 32958, as to the propriety and advisability of mak- ing said improvements, as to the cost thereof, as to the manner of payment 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 eachproperty 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 PERSON WHO DECIDES TO APPEAL ANY ACTION TAKEN NATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING, ]3y Kathryn M. O'Halloran, CMC/AAE City Clerk asa&r J1, oKcd !� NOTICE OF PUBLIC HEARING CITY OF SEBASTIAN Notice is hereby given that the City Council of the City of Sebastian, Indian River County, Florida, in accordance with Chapter 170, Florida Statutes, hereby provides notice that it will conduct a public hearing at the City 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 propriety and advisability of making improvements to provide public water service for the area which is located east of U.S. Highway #1 to the Indian River with its southern boundary located on the City's south City limit line with its northern 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, as to the manner of payment therefor, as to the amount therefor to be assessed against each property so improved. The City Council shall meet and hear testimony from affected property owners as to the propriety and advisability of making the improvements and funding them with special assessments on the property in the Riverfront 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 assessments. 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 distribution system improvements to furnish public water service for 310 parcels 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 unnamed 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 Main Street, Sebastian, Florida 32958, as to the propriety and ,advisability of making said improvements, as to the cost thereof, as to the manner of pwynent therefor, as to the amount therefore to be assessed against each parcel of property benefitted thereby. You are further advised that the description of each property to be assessed and the amount to be assessed to each property may be ascertained at the office of the City Clerk, a 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 PERSON WHO DECIDES TO APPEAL ANY ACTION TAKEN AT THESE MEETINGS IS ADVISED THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT ACCORDINGLY, THE PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, INCLUDING THE TEST 40NY AND EVIDENCE UPON WHICH SUCH APPEAL IS TO BE BASED. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS Mth Y u4G SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. M 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 170.07 t- 12-19-95 03:43PM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY P05 0 a 12.1-119 NOTICE OF PUBLIC K=ING CITY OF SEBASTIAN Notice is hereby given that the City Council of the City of Sebastian, Indian River County, Florida, in accordance with Chapter 170, Florida Statutes, hereby provides notice that it will conduct a public hearing at the City Council Chambers, City Hall, 1225 Main Street, Sebastian, on January 10, 1996, at 7:00 P.M. for the putpose of hearing testimony as to the propriety and advisability of making improvements to provide public water service for the area which is located east of U.S. Highway #1 to the Indian River with its southern boundary located on the City's south City limit line with its northern boundary located on the Cityls north City limit line, hereinafter referred to as the Riverfront Water Project, as to the cost therefor of the project, as to the manner of payment therefor, as to the amount therefor to be assessed against each property so improved. The City Council shall meet and hear testimony from affected property owners as to the propriety and advisability of making the improvements and funding them with special assessments on the property in the Riverfront 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 assessments. 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 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 distribution system improvements to furnish public water service for 320 parcels 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 unnamed alley from Martin Avenue running south 650t 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 Main Street, Sebastian, Florida 32958, as to the propriety and advisability of making said improvements, as to the cost thereof, as to the manner of payment therefor, as to the R 12-19-95 03:43PM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY P06 amount therefore to be assessed against each parcel of property benefitted thereby. You are further advised that the description of each property to be assessed and the amount to be assessed to each property ma be ascertained at the office of the City Clerk, City Hall, 3.223 Main street, Sebastian, Florida 32958 from Monday through Friday between the hours of 8:00 A.M. and 4:30 P.M. EACH PERSON WHO DECIDES TO APPEAL ANY ACTION UUMN AT TEBBE MEETINGS IB ADVISED THAT PERSON WILL NEED A RECORD OF TSE PROCEEDINGS AND TEAT ACCO31D331QLY, TER 'PERSON XAT NEED TO ENSURE TIMT A VERSATXX RECORD OF THE PROCEEDINGS IB MADE, INCLUDING THE T$STIJWNY AND EVIDENCE UPON WHICH SUCH APPEAL IS TO BE BASED, IN COMPLIANCE WiA& THE AMMUCAN9 WITH DISAS=LITIE8 ACT (ADA) , ANYONE WRO NEEDS A SPECIAL ACCO ldODATION FOR TRIS MEETING SHOULD CONTACT THE CITY18 ADA COORDINATOR AT S89�5330 AT LEAST 48 HOMW IN ADVANCE OF THIS IMEETXNG. By: 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 170.07 _12-20-95 11:56AM FROM POTTEB,MCCLELLAND TO SEBASTIAN CITY P07 • !l c- R$BOLUTZOM moo A-9 5,- 4 9 A RESOLUTION OF TEE CITY OP BURS T?XX v XXDXAN RIVOR C 0MITY, FLORIDA# SETTXIG A TIM ACRD PLUM AT VNICK THS OWNERS OF PROgERTIND LOCATED 0 -AM— T LY IN TRE AMM BAST OF U. B. 1 TO TUX INDIAN R=VNR FROM TSE CITY I S 801W BOUNDARY TO ITS NOR.&&& ,.N BOUNDARY Ari? OTHER INTERESTED PZRBONS, MY APPEAR REFORM THE CITY COUNCIL Ate► BE HEARD AS TO THE PROPRIETY A11D ADVISABILITY OF CONSTRUCTING TSN RIVERFRONT PROJRCT INCLUDING TSS WATER MALTS j. WATER BERVICN$, VALV85 v FIRE HYDRANTS AND OT3MR WATER DISTRIBUTIVE FAC=LIT=BSS, AS TO TEE COST Ti , AS TO TIM XAMR AND PA ST TEUMFOR, AND AS TO TSS JUWMIT THEREOF To BE SPECIALLY ASSESSED AGAINST EACS 1ROPZRTY BZNZPZTTED THRRESY 1 PROVIDING FOR BZVZRABILITY f PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT SEREWITX; AM PROVIDING FOR AN ZFFECTIVE DATE. WEMAS, the City Council of the City of Sebastian, Indian River County, Florida has, by Resolution No. R-95-68, determined that it is necessary for the public welfare of the citizens of the City, and particularly as to those living, working, and owning property within the area East of U.S. 1 to the Indian River running from the City's southern boundary to its northern boundary, that as Riverfront Project including the water mains, water services, valves, fire hydrants and ether water distributive facilities {hereinafter referred to as the "Riverfront Project," should be installed to serve 310 parcels hereinafter described; and WIMREAB, it has been determined that the cost to be specially assessed with respect thereto shall be the sum of $0.142786 per square foot; and WxEREAS, the City Council of the City of Sebastian has caused an assessment roll to be completed and filed with the City Clerk; and 12-20-95 11:56AM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY ?08 Wumm, Chapter 170, Florida Statutes, requires that the City Council shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the City Council and be heard as to the propriety and advisability of constructing such Riverfront Project, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefitted thereby; moW, T3WRSFORF, 8S IT RESOLVED BY TIM CITY COUNCIL OF THE CITY OF SZBABTIIN, ZNDIM RIVER COUNTY, FLORIDA# thats SEC_TIQ1Q 1,. The City Council shall meet at the City Hall Chambers of the City of City of Sebastian at the hour of 7:00 p.m. on Wednesday, January 10, 1996, at which time the owners of the properties to be assessed and any other interested persons may appear before said City Council and be heard in regard to the propriety and advisability of constructing such Riverfront Project, as to the coat thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefitted thereby. The area to be improved and the properties to be specially benefitted are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. SECTION U All persons interested in the construction of said improvements and the spacial assessments against the properties to be specially benefitted may review the assessment plat showing the area to be assessed, the assessment roll, the plans and 2 ,12-20-95 11:56AM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY P09 specifications for said improvements, and an estimate of the cost thereof at the office of the City Clerk any week day from a: 00 a.m. to 4:301 p.m. AVCTjQN„ I„ Notice of the trate and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. The City Clerk shall give the, owner of each property to be specially assessed at least ten days notice in writing at such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. SECTION A.L 2f 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. 13ECTION _!6 All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. BST._ 6. This Resolution shall become effective upon its passage and adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember the vote was as follows: 3 and, upon being put to a vote, �12-20-95 11:56AM FROM POTTEL ECLELLAND TO SEBASTIAN CITY P10 Mayor Arthur L. Firtion Vice -Mayor Carolyn Coruz 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. ATTEST: Kathryn M. O'Halloran, CMC/AAE (seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 4 CITY OF SEBASTIAN, FLORIDA by. . Arthur L. Firtion, Mayor 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. �� Z22- Dept. ZZ 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. The first Resolution R-95-681 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. RESOLUTION NO. R-95-69 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN VER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT H THE NNERS OF PROPERTIES LOCATED GENERALLY IN THE A EAST U.S. 1 TO THE INDIAN RIVER RUNNING FROM E CITY'S S THERN BOUNDARY TO ITS NORTHERN BOUND AND OTHER INT RESTED PERSONS, MAY APPEAR BEFORE CITY COUNCIL AND E HEARD AS TO THE PROPRIETY AND VISABILITY OF CONST CTING THE RIVERFRONT PROJECT IN UDING THE NATER MAINS, ATER SERVICES, VALVES, FIRE RANTS AND OTHER WATER DI RIBUTIVE FACILITIES, AS TO COST THEREOF, AS TO THE ER AND PAYMENT THEREFOR AND AS TO THE AMOUNT THEREOF TO E SPECIALLY ASSESSED GAINST EACH PROPERTY BENEFITTED T REBY; PROVIDING FO EVERABILITY; PROVIDING FOR REPEAL O RESOLUTIONS OR ARTS OF RESOLUTIONS IN CONFLICT HEREW H; AND PROVI NG FOR AN EFFECTIVE DATE. WHEREAS, the City River County, Florida has that it is necessary for City, and particularll as to of the City of Sebastian, Indian Resolution No. R-95-68, determined lic welfare of the citizens of the se living, working, and owning property within the Area East of U . 1k. 1 to the Indian River running from the City's Sq6thern boundary to is northern boundary, that a Riverfront P/hydrants t including the wat mains, water services, valves, fire and other water istributive facilities (hereinaft referred to as the "Riverfron Project," should be installed to serve 310 parcels hereinafter de ribed; and AS, it has been determined that the co to be specially asses ed with respect thereto shall be the sum of .14278616 per squ re foot; and WHEREAS, the City Council of the City of Sebastian as caused an assessment roll to be completed and filed with the Cit Clerk; and WHEREAS, Chapter 170, Florida Statutes, requires that the City Council shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the City Council and be heard as to the propriety and advisability of constructing such Riverfront Project, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefitted thereby; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. The City Council shall meet at the City Hall Chambers of the City of City of Sebastian at the hour of 7:00 p.m. on Wednesday, January 10, 1996, at which time the owners of the properties to be assessed and any other interested persons may appear before said City Council and be heard in regard to the propriety and advisability of constructing such Riverfront Project, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefitted thereby. The area to be improved and the properties to be specially benefitted are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. SECTION 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefitted may review the assessment plat showing the area to be assessed, the assessment roll, the plans and 2 specifications for said improvements, and an estimate of the cost thereof at the Office of the City Clerk any week day from 8:00 a.m. to 4:30 p.m. SECTION 3. Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. The City Clerk shall give the owner of each property to be specially assessed at least ten days notice in writing at such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. SECTION 4. 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 S. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. This Resolution shall become effective upon its passage and adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember the vote was as follows: 3 and, upon being put to a vote, 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 ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 4 CITY OF SEBASTIAN, FLORIDA by: Arthur L. Firtion, Mayor 12-15-95 10:52AM FROM POTTER,MCCLELLAND fiO SEBASTIAN CITY =SOLUTION NO. 3-25-92 P02 r�2,0 A RESOLUTION OF TRS CITY OF SZRASTIAH, INDIAN RIVER COUNTY, FLORIDA, SETTING A TIRE AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED OSRERALLY IN THE AREA EAST OF U. S. 1 TO THE INDIAN RIVER RUNNING FROM THE CITY'S, SOUTHERN BTO ITS NORTHERN BOUNDARY AND OTHER INTERESTED PERSONS, RAY APPEAR BEFORE THE CITY COUNCIL 2IJ AND BE VIA= AS TO THE PROPRIETY AND ADVISABILITY OF � I CONSTRUCTING THE RIV$RFRONT PROJECT INCLUDING THE WATER MAINS, RATER SERVICES, VALVES, FIRE S AND OTHER NATER DISTRZBUTZVE FAC:ELXTISS, AS TO THS COST THEREOF, AS TO TUB MMZR AND PAOMT THSRSFOR, AND AS TO THE AMOUNT TH$Et80F TO RB SPECIALLY ASSESSED AGAINST EACH PROPERTY BUNEFITTED TiPROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF R$SOLVTXCNS OR PARTS OF RESOLUTIONS IN CONFLICT HMMXTH; 00 PROVIDING FOR AN EFFECTIVE DATE* wHERSAS, the City Council of the City of Sebastian, Indian River County, Florida has, by Resolution No. R-95-68, 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 U. So 1 to the Indian River running from the City's southern boundary to its northern boundary, that a Riverfront Project including the water Raine, water services, valves, fire hydrants and other water distributive facilities (hereinafter referred to ae the "Riverfront Project," should be installed to serve 310 parcels hereinafter described; and WRSRUAS, it has been determined that the cost to be specially assessed with respect thereto shall be the sum of $0.14278616 per square foot; and wRSR8A6, the City Council of the City of Sebastian has caused an assessment roll to be completed and filed with the City Clerk; and 12-15-95 10:52AM FROM POTTERACCLELLAND fiO SEBASTIAN CITY P03 WHEREAS, Chapter 170, Florida Statutes, requires that the City Council shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the City Council and be heard as to the propriety and advisability of constructing such Riverfront Project, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefitted thereby; NOW, THEREFOR84, 88 IT RESOLVM BY THE CITY COUSCIL OF THE CITY OF SU"TIM r IXDIAS RIVER COMY, YLORIDA, that: BELS= Jz. The City Council shall meet at the City Hall Chambers of the City of City of Sebastian at the hour of 7:00 p.m. on Wednesday, January 10, 1996, at which time the owners of the properties to be assessed and any other interested persons may appear before said City Council and be heard in regard to the propriety and advisability of constructing such Riverfront Project, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefitted thereby. The area to be improved and the properties to be specially benefitted are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2.s. All persona interested in the construction of said improvements and the special assessments against the properties to be specially benefitted may review the assessment plat showing the area to be assessed, the assessment roll, the plans and 2 c 12-15-95 10:52AM FROM POTTERACCLELLAND fiO SEBASTIAN CITY PO4 specifications for said improvements, and an estimate of the cost thereof at the Office of the City Clerk any week day from 8: 0 0 a. m . to 4:30 p.m. am IA. Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. The City Clerk shall give the owner of each property to be specially assessed at least ten days notice in writing at such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. 9 9a. 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 Revolution. Ms_crosCK Aq-1. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. BZC= J,_, This Resolution shall become effective upon its passage and adoption. The foregoing Resolution was moved for adoption by councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 3 12-15-95 10:52AM FROM POTTERACCLELLAND TO SEBASTIAN CITY P05 Mayor Arthur L. Firtion Vice -Mayor Carolyn Corum Councilmember Norma a. Damp Councilmember Louise R. Cartwright Councilmember Ray Halloran The mayor thereupon declared this Resolution duly passed and adopted this day of , 19_. ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney n CITY OF SEBASTIAN, FLORIDA by. Arthur L. Firtion, Mayor C1. 112-12-95 11:41AM FROM POTTERACCLELLAND TO SEBASTIAN CIl'Y P02 ' w0 RESOLUTION NO.R--95-0 y � •I F CITY OF TIAN` INDIAN RIVER A RESOLUTION Q THE C S88A8 , OMTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE � �r O RS OF PRQPERTINS - -Y IN' THS ARE EAST OF V. 1 TO THE INDIAN RIVER RUNi�ING FROM THE CITY'S e SO BOMMARY TO ITB NORTHERN BOU'�iDARY AND O.& AAA.& ICI TBD PERSONS, MAY. APPEAR BEFORE THE CITY COUNCIL AND BE AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRVC DTG THE RIVERFROSIT PROJECT INCLUDING TE WATER MAIRS, WA, SERVICES, VALVES, FIRE HYDRANTS AND OTHER WATLR DISTRI VTIYE FACILtTIBB, AS TO THE COST THEREOF, A8 TO THE X PAYMENT THBREFOR, AND AS TO THE AMOUNT THEREOF TO S8 SCIALLY ASSESSED AGAINST SACH PROPERTY BZXZFITTED ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RE LJTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Counci of the City of Sebastian, Indian River County, Florida has, by Res ution No. R-95-_, determined that it is necessary for the public lfare of the citizens of the City, and particularly as to those 1 ing, working, and owning property within the area East of U.S. 1 to he Indian River running from the City's southern boundary to its nor ern boundary, that a Riverfront Project including the water main , water services, valves, fire hydrants and other water distrtive facilities (hereinafter referred to as the "Riverfront Proj t,u should be installed to serve 310 parcels hereinafter described, and WHEREAS, it has been determined that the Cost to b& specially assessed with respect thereto shall be the sum of $, \ per square foot; and WHEREAS, the City Council of the City of Sebastian hasca\sedan assessment roll to be completed and filed with the City Cl and 12-12-95 11:41AM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY P03 WHNREAS, Chapter 170, Florida Statutes, requires that the city Council shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the City Council and be heard as to the propriety and advisability of constructing such Riverfront Project, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefitted thereby; NOKf THER$FOR$, BE IT RESOLVED BY THE CITY COUNCIL OF TM CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, thats 1, The City Council shall meet at the City Hall Chambers of the City of City of Sebastian at the hour of 7:00 p.m. on Wednesday, January _, 1996, at which time the owners of the properties to be assessed and any other interested persons may appear before said City Council and be heard in regard to the propriety and advisability of constructing such Riverfront Project, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefitted thereby. The area to be improved and the properties to be specially benefitted are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. ERCT=ON 2,,,, All persons interested in the construction of said improvements and the special assessments against the properties to Is be specially benefitted may review the assessment plat showing the area to be assessed, the assessment roll, the plans and 2 12-12-95 11:41AM FROM POTTERACCLELLAND TO SEBASTIAN CITY PO4 specifications for said improvements, and an estimate of the cost thereof at the office of the City Clerk any week day from 9: 00 a.m. to 4:30 p.m. SZCTsow �, Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. The City Clerk shall give the owner of each property to be specially assessed at least ten days notice in writing at such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. $sCTsON A.L 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 J.. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conf lict . SSCT=ow IL6 This Resolution shall become effective upon its passage and adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 3 12-12-95 11:41AM FROM POTTERACCLELLAND TO SEBASTIAN CITY P05 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_. ATTEST: Kathryn M. O'Halloran, CMC/AAE (seal) Approved as to Foran and Content: Clifton A. McClelland, Jr. City Attorney 4 CITY OF SEBASTIAN, FLORIDA by: Arthur L. Firtion, Mayor 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