96-50 v RESOLUTION NO. 96-50
A RESOLUTION OF THE CITY OF ATLANTIC BEACH DECLARING A
SPECIAL ASSESSMENT, AS REQUIRED BY FLORIDA STATUTES,
CHAPTER 170, FOR SEWER LINES TO SERVE THE PROPERTY
OWNERS BETWEEN 16TH AND 20TH STREETS ON BEACH AVENUE,
AND ON SECTIONS OF DEWEES AVENUE, SHELL STREET, COQUINA
PLACE,OCEAN BOULEVARD AND SEMINOLE ROAD,AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, many septic tanks along the section of Beach Avenue between 16th and 20th
Streets, and on sections of Dewees Avenue, Shell Street, Coquina Place, Ocean Boulevard and
Seminole Road, were originally constructed improperly, and
WHEREAS,the Florida Department of Environmental Protection has issued a Consent Order
requiring construction of gravity sewer lines to allow property owner connection to the City sewage
collection and treatment systems, and
WHEREAS, the City of Atlantic Beach proposes to install gravity sewer lines on Beach
Avenue between 16th and 20th Streets, and on Dewees Avenue, Shell Street, Coquina Place, Ocean
Boulevard and Seminole Road, to satisfy the Consent Order and provide sewer service, and
WHEREAS,Section 170.03, Florida Statutes, requires that the City, by resolution, declare
a special assessment when defraying the whole or any part of a public improvement by special
assessment, the lands upon which the special assessment shall be levied, declare the total estimated
cost of improvements, and declare certain other matters pertaining to such special assessment.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1. NATURE, DESIGNATED STREETS AND LOCATION OF
IMPROVEMENT. The nature of the improvement consists of an eight (8) inch gravity flow sewer
running from 16th Street along the center of Beach Avenue to 18th Street, an eight (8) inch gravity
flow sewer running from 19th Street to approximately 300 feet south of 20th Street along the center
of Beach Avenue, and an eight (8) inch gravity flow sewer running from 19th Street to 18th Street
along the center of Beach Avenue, for a total distance of 3,194 linear feet; also an eight (8) inch
gravity flow sewer running along portions of Dewees Avenue from Coquina Place to Ocean
Boulevard, and portions of Ocean Boulevard and Seminole Road from Ocean Boulevard to Coral
Street, and an eight (8) inch gravity flow sewer running along portions of Dewees Avenue, Shell
Street, and Coquina Place, for a total distance of 1,542 linear feet.
SECTION 2. AMOUNT TO BE PAID BY THE ASSESSMENT. The whole
amount of the sewer construction project will be paid by the assessment and no portion of the sewer
construction project will be funded by the General Improvement fund. The amount to be paid by the
assessment is$306,495.00. Associated paving costs will be paid by the General Improvement Fund,
and will not be included in the special assessment.
Page Two
Resolution No. 96-50
SECTION 3. MANNER IN WHICH ASSESSMENT IS TO BE MADE. Such
special assessment shall be made in one hundred forty-four (144) equal payments with interest at a
rate not to exceed 6.00%per annum on the unpaid balances from the date of acceptance by the City
of the project,to which if not paid when due there shall be added a penalty of one percent (1%) per
month until paid; provided that such special assessment may be paid without interest at any time
within thirty (30) days after the project is completed and a resolution accepting same has been
adopted by the City. Such special assessment shall be levied on a front foot basis against all lots and
lands, which receive a benefit, adjoining and contiguous or bounding and abutting upon such
improvements or specially benefitted thereby. The special assessment shall be levied against such
properties in a direct proportion to the benefits received from the construction of the project. The
special assessments, together with interest upon the whole assessment, shall be due and payable on
a monthly basis by the lot owners as billed by the City until paid in full; provided, however, that such
assessments may be paid in full within thirty(30) days after acceptance of the completed project by
the City; and provided, further, that unpaid balances of assessments may be paid at any time by
payment of the principal and interest thereon to the next interest payment of any loans or bonds issued
which are payable from such special assessments.
SECTION 4. THE LANDS UPON WHICH SPECIAL ASSESSMENT SHALL BE
MADE. All lots and lands adjoining and contiguous or bounding and abutting upon such
improvements or special benefit thereby and further designated by the special assessment plat
hereinafter provided as Attachment A, on file in the office of the City Clerk.
SECTION 5. This Resolution shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission this c2 I of October, 1996.
ATTEST:
ki/
MA EN KING T. FLETCHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
AN C. JE"91 , ESQUIRE
City Attorne