HomeMy WebLinkAboutR-96-04 FINAL ASSESS RIVERFRONTRESOLUTION NO. R-96-04
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVIN~ A PROJECT FOR WATER NAINS,
WATER SERVICE, VALVES, FIRE HYDRANTS, AND OTHER WATER
DISTRIBUTION FACILITIES TO AN AREA KNOWN AS THE
RIVERFRONT WATER PROJECT EAST OF U.S. I TO THE INDIAN
RIVER, RUNNIN~ FROM THE CITY'S SOUTHERN BOUNDARY TO ITS
NORTHERN BOUNDARY~ CONSIDERIN~ THE TESTIMONY ON THE
PROPRIETY AND THE ADVISABILITY OF FUNDIN~ THE PROJECT
WITH SPECIAL ASSESSMENT$~ MAKIN~ THE FINAL DECISION ON
LEVYIN~ THE SPECIAL ASSESSMENTS~ PROVIDIN~ FOR
SEVE~ABILITY~ PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS, CONFLICTS~ AND PROVIDIN~ FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Florida (City) finds that
drinking water in the areas from U.S. 1 to the Indian River,
running from the city's southern boundary to its northern boundary,
is high in chlorides and does not always meet the public drinking
water standards; and,
WHEREAS, the provision of a central public water supply would
provide a dependable and safe supply of public water which would
meet the public drinking water standards; and,
WHEREAS, a central water system will provide public fire
hydrants which would aid in fire protection; and,
WHEREAS, the provision of a safe and dependable public
drinking water supply to the area adjacent to the Indian River
would promote the public health and economic growth; and
WHEREAS, the City, on September 28, 1994, adopted Resolution
R-94-53 to provide for a public water project for the area east of
U.S. 1 to the Indian River running from the northern City limit to
the southern City limit of the City of Sebastian, hereinafter
referred to as the "Riverfront Water Project"; and
WHEREAS, the City has furnished notice by publication and by
mail to the owners of property that they may appear at a hearing
conducted under the provisions of Sections 170.08 and 170.14 of the
Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THB CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. HEARINO. The City of Sebastian has met and heard
testimony under the provisions of Sections 170.08 and 170.14 of the
Florida Statutes on the propriety and advisability of making the
Riverfront Water Project improvements, and funding them with
special assessments on property in the Riverfront Water Project
area.
SECTION 2. PUBLIC INTEREST~ After hearing all of the
testimony at the hearing, the City does hereby determine and
declare it is in the public interest to provide the Riverfront
Water Project which is to furnish public water service with water
mains, water services, valves, fire hydrants and other water
distribution facilities to parcels located east of U.S. I to the
Indian River, running from the City's northern boundary to its
southern boundary, the nature and location of which are described
in Resolution R-95-68 and more particularly described in the plans
and specifications on file in the Office of the City Clerk.
SECTION 3. FINAL DECISION: The City does hereby determine
and declare its final decision to levy special assessments for the
Riverfront Water Project. The City shall meet hereforth as an
equalization board to hear any and all complaints as to the special
assessments and shall adjust the special assessments on a basis of
justice and rights.
SECTION 4. SECTION 170.14, FLORIDA STATUTES: The City
imposed a special assessment against certain properties for the
Riverfront Water Project with the adoption of Resolution R-94-53
dated September 28, 1994. The City has undertaken the construction
of the Riverfront Water Project. The City finds that certain of
the assessments set out in the assessment roll adopted with
Resolution R-94-53 dated september 28, 1994, are defective and
cannot be collected. This Resolution is for the purpose of making
a final decision to levy special assessments for the Riverfront
Water Project under the provisions of Sections 170.08 and 170.14,
Florida Statutes.
SECTION 5. SEVERABILITY: If any section or part of a section
of this Resolution is declared invalid or unconstitutional, the
validity, force and effect of any other section or part of a
section of this Resolution shall not thereby be affected or
impaired unless it clearly appears that such other section or part
of a section of this Resolution is wholly or necessarily dependent
upon the section or part of a section so held to be invalid or
unconstitutional.
SECTION 6. CONFLICTS: Ail Resolutions or parts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SECTION 7. EFFECTIVE DATE: This Resolution shall take effect
immediately upon its adoption.
The foregoing~ Resolution was
Councilmember ~.,,'~"C' ~.
by Councilmember
/
into a vote, the vote was as follows:
moved for adoption by
. The motion was seconded
and, upon being put
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~~'¢7 , 19~*~
by: ~ ~ ' 6/~{/~X,67~
Arthur L. Firtion, Mayor
. ATTEST:
.... Kathryn~ M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney