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Home My WebLink AboutR-94-47 RESOLUTION NO. R-94-47 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING SPECIAL ASSESSMENTS, PROVIDING FOR WATER MAIN AND EXTENSION LINES FOR THE AREA EAST OF U.S. i TO INDIAN RIVER DRIVE RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY; PROVIDING PUBLIC PURPOSE, THE NATURE OF THE IMPROVEMENTS, PORTIONS OF THE EXPENSE PAID BY ASSESSMENT, THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESIGNATION OF LANDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, finds that the improvements herein described are necessary to promote the public welfare of the City and elect to defray the cost thereof by special assessments against certain properties to be serviced by the water main and extensions to the area described as east of U.S. 1 to Indian River Drive running from the city's southern boundary to its northern boundary, hereinafter referred to as the "Riverfront Water Project"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. PUBLIC PURPOSE: The City does hereby determine and declare it is in the public interest to make water distribution system improvements to provide public water service for 310 parcels located within the city of Sebastian for the Riverfront Water Project and assessments shall be levied to defray the costs of the improvements in accordance with and in the manner provided for in Chapter 170, Florida Statutes. SECTION 2. NATURE OF IMPROVEMENT= The nature of the proposed improvement is to provide public water service with water mains, laterals, valves, fire hydrants and other water distribution facilities to the parcels located in the Riverfront Water Project. SECTION 3. LOCATION OF IMPROVEMENTS= The water mains, water laterals, fire hydrants and other water distribution facilities will be located on U.S. 1, Jackson Street, Madison Street, Harrison Street, Coolidge Street, Cleveland Street, Martin Street, Indian River Drive, Davis Avenue, North Central Avenue, Jefferson Street, Main Street and an unnamed alley from Martin Avenue running south 550 feet within the Riverfront Water Project as shown in the attached map which is made a part of this Resolution by reference. SECTION 4. PORTION OF EXPENSE PAID BY ASSESSMENT= The entire expense of the improvement project shall be paid from the special assessments and not the general improvement fund of the City of Sebastian as the properties in the Riverfront Water Project receive a special or peculiar benefit in the enhancement of the value of the properties arising from the improvement. SECTION 5. MANNER OF ASSESSMENT~ A special assessment in the amount of $0.15976274 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 roll. 2 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. If not paid when due, the unpaid balance of the special assessments shall bear interest at a rate of 8% from the Credit Date until paid. SECTION 7. DESIGNATION OF LANDS: The lands upon which this special assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially 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 reference into this Resolution as if fully set out herein. SECTION 8. TOTAL ESTIMATED COST: The total estimated project cost of the above-described improvements is shown to be $750,000 or $0.15976274 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. Ail of such documents are open to inspection by the public at the office of the City Clerk. SECTION 10. ASSESSMENT ROLL= An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. SECTION 11. PUBLICATION= Upon the adoption of this Resolution, the City Council of the City of Sebastian shall cause this Resolution (along with a map showing the areas to be served) to be published once a week for a period of two weeks in the Veto Beach Press Journal before the public hearing required by Chapter 170, Florida Statutes. SECTION 12. UNCONSTITUTIONAL PROVISIONS= If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall in no way affect the validity of the other provisions of this Resolution. SECTION 13. CONFLICTING RESOLUTIONS= Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 14. EFFECTIVE DATE: effect upon its adoption. The foregoing Resolution was Councilmember ~~ by Councilmember ~~ vote, the vote was as follows: This Resolution shall take moved for adoption by . The motion was seconded and, upon being put to a Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Francis J. Oberbeck Councilmember Robert J. Freeland declared this Resolution duly passed and The Mayor thereupon adopted this I~' of ~x~ , 1994. ATTEST: Kathryn//M. O'Halloran, CMC/AAE (Seal) I HEREBY CERTIFY that this Resolution was published twice in full in the Vero Beach Press Journal, in accordance with Section 170.05 of the Florida Statutes, on the 15th day of September, 1994 and the 21st day of September, 1994. Kathryn ~. O'H~ll--ora~, ~C/AA~ City Clerk Approved as to Form and Content: Clifton A. 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