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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