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HomeMy WebLinkAboutR-92-06RESOLUTION NO. R-92-06 A RESOLUTION OF THE CITY CITY COUNCIL OF THE SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida (the "City council"), is contemplating the implementation of an ordinance providing for stormwater management projects and services within the area of the City of Sebastian (the "City"); and WHEREAS, the ordinance will require that each property owner shall pay for the provision of stormwater management projects and services through a special assessment on such property; and WHEREAS, the City Council intends to use the uniform method for collecting non-ad valorem special assessments levied within the City as authorized by Section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November, 1992, in the same manner as provided for ad valorem taxes; and WHEREAS, the City Council held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: Section 1. That commencing with the 1992-1993 Fiscal Year and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes, as amended, for collecting the non-ad valorem assessments, levied throughout the incorporated area of the City for the provision of stormwater management projects and services. A legal description of such area subject to the assessments is attached hereto as Exhibit B and incorporated by reference. Section 2. That the City hereby determines that the levy of the assessment is needed to fund the cost of the provision of stormwater management projects and services within the City. Section 3. That, upon adoption, the City Manager is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Indian River County Tax Collector, and the Indian River County Property Appraiser by March 10, 1992. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoinG Resolution was moved for adoption by Councilman -~ The motion was seconded by Councilman ~'j~ ~. , and upon being put to a vote, the vote was as follows: Mayor W.E. Conyers Vice Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George G. Reid The Mayor thereupon declared this Resolution duly passed and ~a~hry~ ~." ai~ior~, CMC/AAE- City Clerk (Seal) Approved as/~Form and Content: Charles I~n Na/sh: city At'~'°rne~ CITY OF SEBASTIAN, FLORIDA EXHIBIT "A" VERO BEACH PRESS-JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Veto Beach Press-Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being l ished ,n said newspaper in the issues o ~ j.,~d~'2.~/ ,.,dj ~ Affiant further says that the said Vero Reach Press. Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach. in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn 1o and subscribed before me this ~ day of // - . . . -,, .... ~'~ (,SEAL) ~ STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN ....... _, CiTY OF'SEBASTiAN ~' ~,A..,VER COUNt. NOTICE OF PUBLIC HEARIHG NO'~CE OF INTENT TO USE UNIFORM METHoD OF COLLECTiN~ NON-AD VALOREM .' ASSESSMENTS The City Council of the City of Sebastian, Florida, [the ".Counclt")hereby 13eovtdes notice, pu~uant to Section 197.3632(3Xa), Florlda Statutes, of Its In- ~ to u~e th~..u~fom? method of coa~tiag nomad vamrem ape<3al assessments to be levied through- oof the incoqx~ated area of the City of Sebastian for the acquisItion, construction, administration and appurtenant costs to provide storrnwate~ manage- ment projects and services. The Cound4 will con- sider the adoption of Re~olutlon No. R-92~08 (on file In the office of the City Clerk) electing to use the unlfofTn method of collecting Such assessments au- thorized by Section 197.3632, Florida StatuteS, as amended at a ~ hearingto be held at 7:00 P.m,, F_ .e~rua~y 26, 1992, at the City Council Cham- sere, UeOastian, Florida. Stroh resolution wlfl state the. need for the k~/ and will contain e lega~ de- scnptinn of the boundaries of the real p~ sub- Jeer to the levy. C~e~ o~ ~be propesed form of the reecluticn, which -ontaina the legal deec~lpticn of the mai ~ subject to the levy, are ~ file at ~an, Florida, 1225 Main Street, Sebastian, Florida, and at the office of the Cily Clerk of the City of Sebastian, City I-ial~, Sebastian, Florida. All Inter- eared persons, are Invited to attend. in the event any 10e~son decides to appeal any decision by the ~ with mSl:~:t to any maser re~ating to the Onnslderatton of the resolution at the above-refa'eneed public hearing, a reco~d of the pr(mesding may b~ needed and in such an event, such person may need to ensure that a ve~oatim reco~ of the public healing ia made, which record Includes the teStimony end evidence On which the appeal Is to be based. BY: KATHRYN O'HALLORAN CITY CLERK CITY OF SEBASTIAN Jan. ~)9, Feb, 5, 12, 19, 1992 871296 I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian, Florida, do hereby certify that the above is a true and correct copy of proof of publication from the Vero Beach Press Journal, Vero Beach, Florida, in accordance with Section 197.3632(3)(a), Florida Statutes. IN WITNESS WHEREOF, I hereunto t~he City of Sebastian, Florida, i-992. ~'Halioran, CMC/AAE Cit~ Clerk set my hand and affix the Seal of this 3rd day of March, A.D., EXHIBIT Ail real property located within the City limits of the City of Sebastian, Indian River County, Florida.