HomeMy WebLinkAboutR-89-60 SUPPL SPEC ASSESSRESOLUTION NO. R-89-60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ASSESSING,
APPROVING AND CONFIRMING CERTAIN SUPPLEMENTAL
SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES IN
CONNECTION WITH A SANITARY SEWER PROJECT TO BE
CONSTRUCTED BY INDIAN RIVER COUNTY, FLORIDA, WITHIN
THE INCORPORATED LIMITS OF THE CITY; PROVIDING FOR
AN ASSESSMENT LIEN WITH RESPECT THERETO TO BE MADE
OF RECORD; PROVIDING CERTAIN TERMS WITH REGARD TO
THE SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES
APPROVED AND CONFIRMED BY RESOLUTION NO. R-89-12
AND THE SUPPLEMENTAL SPECIAL ASSESSMENTS MADE
HEREUNDER; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA (the "Council" and "City", respectively) that:
SECTION 1. This resolution is adopted pursuant to and in
connection with Ordinance No. O-87-01 of the City (the
"Ordinance" ), the 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 (Supp. 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, inter alia,
approved certain sanitary sewer improvements to be constructed by
the County within the incorporated limits of the City pursuant to
the Agreement and the exclusive franchise heretofore granted to
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the County (the "Pro3ect").
B. By Resolution NO. R-89-12 the Council approved and
confirmed certain Special Assessments in Lieu of Impact Fees
("Special Assessments") against certain properties situate in the
City to be serviced by the Pro3ect.
C. It is desirable to assess, approve and confirm certain
supplemental special assessments ("Supplemental Special
Assessments") against certain properties situate in the City to
be serviced by the Pro3ect, the owners of which have consented
thereto by executing a Wastewater Reservation and Consent to
Special Assessment substantially in the form attached to
Resolution No. R-87-85.
D. It is desirable to provide certain terms with regard to
the Special Assessments and the Supplemental Special Assessments.
SECTION 3. The Supplemental Special Assessments shown on
the attached assessment roll are hereby assessed, approved and
confirmed and shall remain legal, valid and binding first liens
against the properties assessed until paid in full.
SECTION 4. The City Clerk is hereby directed to present
the Supplemental Special Assessments to the Clerk of the Circuit
Court for Indian River County for recording in the appropriate
Public Records of the County which shall constitute prima facie
evidence of the validity of the Supplemental Special Assessments.
SECTION 5. The Special Assessments shall bear interest
at a rate equal to two percent (2%) above the interest rate on
the bonds issued or to be issued by the County in connection with
the Special Assessments. The annual installments of the Special
Assessments shall be due within sixty (60) days after the mailing
date of %he bill with respect thereto which mailing date shall be
in November of each year, the first such mailing date to be in
November, 1990.
SECTION 6. The Supplemental Special Assessments shall
have the same terms and conditions as the Special Assessments,
including without limitation terms of payment, rate of interest,
penalties, terms of prepayment, manner of collection and priority
of lien. The Supplemental Special Assessments shall remain
liens, co-equal with the liens of all state, county, district and
municipal taxes, superior in dignity to all other liens, titles
and claims, until paid in full.
SECTION 7. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by
Councilman 0~C~~ :
by Councilman ~~~
vote, the vote was as follow
The motion was seconded
and, upon being put to a
Mayor Richard B. Votapka
Vice Mayor Robert McCarthy
Councilman Robert McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared the Resolution duly passed and
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ATTEST:
.' _~_~Yn~. O'Hal/oran.
(SE~.) -
Clerk
CITY OF SEBASTIAN
Richard B. Votapka, Mayor
APPROVED AS TO FORM AND
L EGAL~ I C I ENCY
City Attorney
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