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93-43 v RESOLUTION NO. 93- 43 A RESOLUTION OF THE CITY OF ATLANTIC BEACH DECLARING A SPECIAL ASSESSMENT, AS REQUIRED BY FLORIDA STATUTES, CHAPTER 170, FOR A WATER LINE TO SERVE THE PROPERTY OWNERS ON SECTIONS OF OCEAN BOULEVARD, DEWEES AVENUE, SEMINOLE ROAD AND COQUINA PLACE KNOWN AS OCEAN GROVE UNIT TWO, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the St. Johns River Water Management District and the Duval County Health Department have declared the private water system in the Ocean Grove Unit 2 area to be out of compliance with their standards, and WHEREAS, the private well and water pipes are in poor condition and could fail at any time, and WHEREAS, the City Commission of Atlantic Beach has authorized the construction of water lines for sections of Ocean Boulevard, Dewees Avenue, Seminole Road and Coquina Place known as Ocean Grove Unit 2 , 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 assess- ment, 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 STREET AND LOCATION OF IMPROVEMENT. The nature of the improvement consists of a water line of 985 . 34 linear feet which will serve lots in Ocean Grove Unit 2 not now served by the City. The streets that will receive service are parts of Ocean Boulevard, Dewees Avenue, Seminole Road and Coquina Place in Ocean Grove Unit 2 area. The location of the improvements includes all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or special benefitted thereby and are further designated by the assessment plat, all as more particularly described in the maps attached hereto as Exhibit "A" and hereby made a part hereof . SECTION 2 . AMOUNT TO BE PAID BY THE ASSESSMENT. The whole amount of the project will be paid by the assessment and no portion of the project will be funded by the General Improvement fund. The amount to be paid by the assessment is $20 , 337 . 91 . SECTION 3 . MANNER IN WHICH ASSESSMENT TO BE MADE. Such special assessment shall be made in one hundred forty-four ( 144) equal monthly payments with interest at a rate not to exceed 5. 91% 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 contig- uous 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 in cash on a monthly basis by the lot owners as billed by the City until paid in full ; provided, however, that such assess- ments may be paid in full without interest at any time 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 on any loans or bonds issued which are payable from such special assessments. SECTION 4 . THE LANDS UPON WHICH THE 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 assessment plat hereinafter provided for as Exhibit "A" attached hereto. SECTION 5. This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this 11th of October, 1993 . ATTEST: / J5_ NA k, AA MAU EEN KING W LIAM I . GULLIF�� • ��'JR. City Clerk Mayor, Presiding 0 i ter Approved as to form and correctness: N C SEN, ESQUIRE City : • ney