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Home My WebLink AboutR-95-68RESOLUTION 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 DISTRIBUTIVE FACILITIES FOR THE AREA EAST OF U.S.1 TO THE INDIAN RIVER RUNNING FROM THE CITYtS SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY; PROVIDING PUBLIC PURPOSE, THE NATURE OF THE IMPROVEMENTS, LOCATION OF THE IMPROVEMENTS, PORTIONS OF THE EXPENSE PAID BY ASSESSMENT, MANNER OF ASSESSMENT, ASSESSMENT PLAT, SECTION 170.14 FLORIDA STATUTES IMPOSITION ASSESSMENT ROLL, THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESIGNATION OF LANDS; PROVIDING FOR 8EVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Sebastian, Florida ("City") 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. 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 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, services, 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 services, valves, fire hydrants and other water distribution facilities will be located on U.S. Highway %1, 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 as shown in the attached map which is made a part of this Resolution by reference. SECTION 4. PORTION OF EXPENSE PAID BY ~SSESSMENT~ 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 enhancement 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 benefitted 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. The first installment of which shall be due on the Credit Date. 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 L~NDS: 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 benefitted 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 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 benefitted 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 3 improvements. Ail 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. 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 construction of the Riverfront Water Project. The construction of the Project reveals 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 authorizes the City to impose a new assessment if an assessment is irregular, defective, 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 can not be collected. 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. PUBLIC&TION: 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 Vero Beach Press Journal before the public hearing required by Chapter 170, Florida Statutes. SECTION 13. 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 14. CONFLICTING RESOLUTIONS: Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 15. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. The Councilmember Councilmember - vote, the vote was as follows: foregoing Resolution was and, upon moved for adoption by The motion was seconded by being put into a Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Resolution duly passed and adopted this~J~day of December, 1995. CiTY OF SSB;~EIAN, F~ ~rthur L. Firtion, Mayor Kathry~{ ~. O'~alloran, /CMC/AAE ! (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 5