93-53 v RESOLUTION NO. 93-53
A RESOLUTION OF THE CITY OF ATLANTIC BEACH DECLARING A
SPECIAL ASSESSMENT, AS REQUIRED BY FLORIDA STATUTES,
CHAPTER 170, FOR A SEWER LINE TO SERVE THE PROPERTY
OWNERS ON OCEAN GROVE DRIVE, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, some property owners on Ocean Grove Drive have
requested sewer service, and
WHEREAS, it is the City ' s policy to provide sewer service
whenever possible, and
WHEREAS, there is a potential for older septic tanks in the
area to fail, 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 an eight
inch gravity flow sewer line to serve lots on Ocean Grove Drive for
a distance of 1228 linear feet.
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 $44 , 245 . 00 .
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 Attachment A hereto attached to this Resolution.
SECTION 5. This Resolution shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission this ,l22 of November, 1993 .
ATTEST:
i G
/) 2-?,( L'4_ 07..,--7 -- ____=-
MAUREEN _SING ' C/ LYMAN T. FLETCHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
C. - r EN, ESQUIRE
City At" ney