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HomeMy WebLinkAboutR-89-07 RESOLUTION NO. R-89-07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO SPECIAL ASSESSMENTS FOR SEWER CONSTRUCTION; FIXING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING TO HEAR AND CONSIDER ANY AND ALL COMPLAINTS AS TO A SANITARY SEWER PROJECT TO BE CONSTRUCTED BY INDIAN RIVER COUNTY, FLORIDA, WITHIN THE INCORPORATED LIMITS OF THE CITY AND THE SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES TO BE ASSESSED IN CONNECTION HEREWITH; PROVIDING FOR NOTICE THEREOF; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION ~. This Resolution is adopted pursuant to provisions of Ordinance No. 0-87-01 of the City (the "Ordinance"), and Intergovernmental Agreement (the "Agreement"), by and between the City and Indian River County, Florida (the "County"), Resolution No. R-87-6 of the Council, applicable provisions of Chapter 166, Florida Statutes (1988), as amended, the City Charter, and other applicable provisions of law. SECTION 2. It is hereby found and determined as follows that: A. By Resolution No. R-87-85, the Council, among other things, approved certain sanitary sewer improvements to be constructed by the County, within the incorporated limits of the City, and subject to the exclusive franchise heretofore granted to the County (the "Project"), and determined to assess Special Assessments in Lieu of Impact Fees ("Assessments") against certain properties situate in the City to be serviced by the Pro3ect. B. Said Resolution of the Council has been duly published by the City Clerk one time in a newspaper of general circulation published in the County, as provided therein. C. An assessment plat and an assessment roll with respect to the Assessments have been duly prepared and are attached hereto and made a part hereof. D. Under Ordinance No. O-87-01, a public hearing is required to hear and consider any and all complaints as to the Pro3ect and the Assessments and the requisite notice thereof is required to be given to affected property owners and other interested persons. SECTION 3. The assessment plat and the assessment roll shall be open to inspection by the public at the office of the City Clerk each weekday between 8:00 A.M. and 4:30 P.M. SECTION 4. The 22nd day of February, 1989, at 7:00 P.M. at the City Council Chambers, in Sebastian, Indian River County, Florida, is fixed as the date, time and place of a meeting of the Council at which the owners of the properties to be assessed and other interested persons may appear before the Council and be heard as to any and all complaints as to the Project or the Assessments. The properties to be assessed are more fully described upon the assessment plat and in the assessment roll. SECTION 5. The City Clerk is directed to cause a notice of the date, time and place of said public hearing to be given by regular first class mail, at least ten (10) days prior to such public hearing, to the owner of each property to be assessed at his last known address obtained from the records of the property appraiser and to cause to be published in a newspaper of general circulation in the City, two (2) publications a week apart, the final publication being at least one (1) week prior to the date of the public hearing. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING CITY OF SEBASTIAN, FLORIDA To: ALL INTERESTED PARTIES NOTICE IS HEREBY GIVEN that the City Council of the City of Sebastian, Indian River County, Florida (the "Council" and "City" respectively) will meet on February 22, 1989 at 7:00 P.M. in the City Council Chambers, in Sebastian, Indian River County, Florida, to hear any and all complaints of those owners of property to be assessed Special Assessments in Lieu of Impact Fee ("Assessments") and any other interested persons. The City has approved certain improvements which consist of the acquisition and construction of alterations, extensions and additions to the sanitary sewage collection, transmission, treatment and disposal system facilities of Indian River County, Florida (the "County"), within the incorporated limits of the City, more particularly described in plans and specifications on file with the County (the "Pro3ect"). The Assessments being made in connection with 2 the Project, are being made only with the written consent of the owners of the properties to be assessed and are in lieu of the impact fees otherwise imposed by the City. A 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. The Assessments shall be paid in ten (10) equal annual installments together with interest at a rate not to exceed two percent (2%) above the interest rate on bonds to be issued by the County in connection with the Assessments. If any installment is not paid when due, the entire outstanding amount of the Assessment, together with the accrued interest thereon and an appropriate interest and/or prepayment charge, may be declared immediately due and payable. Any Assessment or installment thereof not paid when due shall be subject to a penalty at the rate of one percent (1%) per month or portion thereof until paid. The entire outstanding amount of any Assessment may be prepaid at any time provided that the accrued interest thereon and an appropriate interest and/or prepayment charge is paid together therewith. The Assessments shall be levied against the properties to be assessed on the basis of the number of Equivalent Residential Units (ERUs) assigned to and reserved for each such property. Any lien upon an assessed property resulting from an Assessment shall be extinguished upon the recording in the Official Records of the County an affidavit or affidavits executed by appropriate officials of the City and the County to the effect that the applicable Assessment has been paid in full or that sufficient security has been deposited with the City or the County, as applicable, in order to insure timely payment of such Assessment. In appropriate cases, particularly for large properties, letters of credit or other security may be required in order to secure payment of the Assessment with respect to the property. At the above named date, time and place, the Council will receive any complaints of interested persons as to the Pro3ect and the Assessments. After due consideration of any such complaints, the Council may take any action it finds to be right 3 with respect to the Pro3ect and the Assessments. Dated this day of , 1989. ATTEST: Kathr~h M. O'Halloran, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA Richard B. Votapka, Mayor SECTION 6. Mailin9 of said notice shall be proved bM affidavit of the person depositin9 said notice with the U.S. Postal Service. The affidavit shall be filed in the Office of the City Clerk. Publication of said notice shall be proved by affidavit of the publisher filed in the Office of the City Clerk. SECTION 7. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 8. This Resolution shall take effect immediately upon final passa§e. The foreeoin9 Resolution was moved for adoption by Councilman Councilman The motion was seconded by and, upon beinU put to a vote, Mayor Richard B. Votapka Vice Mayor Kenneth Roth Councilman Peter Vallone Councilman Robert McCarthy Councilman George Metcalf The Mayor thereupon declared this Resolution duly passed and SEBASTIAN, FLORIDA Richard B. Votapka, Mayor ATTEST . · Kathr~ M. O'Halloran, CMC/AAE City-Clerk Approved as to Form and Legal Sufficiency: Ch~-t~s Ian Nash, Esquire City Attorney 4