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88-07 v RESOLUTION NO. 88- 7 • A RESOLUTION AMENDING IN ITS ENTIRETY RESOLUTION NO. 87-2 OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS AMENDED BY RESOLUTION NO. 87-4 OF THE CITY, WHICH ADOPTS ASSESSMENT PLATS, PLANS AND SPECIFICATIONS AND STATED ESTIMATED CONSTRUCTION COSTS AND CERTAIN OTHER MATTERS IN CONNECTION WITH THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS FOR SECTION (H); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida (the "City") desires to amend in its entirety Resolution No. 87-2 duly adopted by the City on January 12, 1987, as amended by Resolution No. 87-4 duly adopted by the City on March 9, 1987, pertaining to Section (H) in order to revise the plans and specifications, the total estimated cost of the project, the assessment roll, the method of assessment and to set a new public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: Section 1. Resolution No. 87-2 Amended in its Entirety. Resolution No. 87-2 of the City, as amended by Resolution No. 87-4, is hereby amended in its entirety to read as follows: "A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING THE ASSESSMENT PLAT AND PLANS AND SPECIFICATIONS FOR SECTION (H) SUBMITTED BY THE CONSULTING ENGINEERS; DETERMINING TO DEFRAY A PORTION OF THE EXPENSE THEREOF BY SPECIAL ASSESSMENTS AGAINST THE PROPERTIES SPECIALLY BENEFITED THEREBY; STATING THE TOTAL ESTIMATED COST AND PORTION TO BE PAID BY SPECIAL ASSESSMENTS; PROVIDING THE METHOD OF ASSESSMENT; PROVIDING FOR PAYMENT OF SPECIAL ASSESSMENTS; PROVIDING FOR COLLECTION OF SPECIAL ASSESSMENTS BY FORECLOSURE PROCEEDINGS IN THE EVENT THE AD VALOREM TAX COLLECTION METHOD IS NOT LATER AUTHORIZED; ESTABLISHING THAT A PRELIMINARY ASSESSMENT ROLL COVERING SUCH LOCAL IMPROVEMENTS WHICH SETS FORTH THE ASSESSMENT AGAINST EACH LOT AND THE NUMBER OF ANNUAL INSTALLMENTS IS ON FILE WITH CITY CLERK; SETTING A PUBLIC HEARING FOR THE PURPOSE OF PROVIDING THE OWNERS OF THE PROPERTY TO BE ASSESSED, OR OTHER INTERESTED PERSONS (1) AN OPPORTUNITY TO BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING SUCH IMPROVEMENTS, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH r%. YGiit i ii ttl,VL'ij, AND i::) AN Ur UItl'UNiI '1'U OBJECT TO THE PROPOSED USE OF THE AD VALOREM TAX COLLECTION METHOD FOR COLLECTION OF SUCH SPECIAL ASSESSMENTS; PROVIDING FOR NOTICE OF SUCH HEARING BY MAIL AND PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida (the "City") has on January 12, 1987 duly adopted its Resolution No. 87-2 adopting the LKL-04/28/88-05A-2548 -1- Rev.05/05/88 assessment plat and plans and specifications for Section (H) of the Master Plan for Roadway, Drainage, Water Distribution, Fire Protection and Wastewater Collection Conceptual Design Report prepared by Bessent, Hammack & Ruckman, Inc. (the "Consulting Engineers") and, among other things, establishing that a completed assessment roll for inspection by the public is on file with the City Clerk of the City Commission and contains the lots and lands assessed, the amount of the benefit to and the assessment against each lot or parcel of land, and if said assessment is to be paid in installments, the number of annual installments in which the assessment is divided; and WHEREAS, Chapter 170, Florida Statutes (1987), Section 197.363, Florida Statutes (1987), and other applicable provisions of law (the "Act"), particularly Section 170.03, Florida Statutes (1987), requires that the City designate by resolution the lands upon which special assessments shall be levied, declare the total estimated cost of the improvements, and declare certain other matters pertaining to such special assessments; and WHEREAS, the Act, particularly Sections 170.07 and 197.363, Florida Statutes (1987), requires that upon completion of the preliminary assessment roll the City adopt a resolution to set a public hearing for the purpose of providing the owners of the property to be assessed, or other interested persons (1) an opportunity to be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor and as to the amount thereof to be assessed against each property so improved, and (2) an opportunity to object to the proposed use of the ad valorem tax collection method for collection of such special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. ADOPTION OF ASSESSMENT PLOT AND PLANS AND SPECIFICATIONS; NATURE AND LOCATION OF IMPROVEMENTS. The assessment plat and plans and specifications (as revised and updated) describing certain local paving improvements, consisting of new and reconstructed streets and storm drains, including water and sewer lines, street paving and drainage and other appurtenant facilities as aescribed in .:cction (H) of cite Master Pian tor noaaway, Drainage, water thstriuution, Fire Protection and Wastewater Collection Conceptual Design Report prepared by the Consulting Engineers (herein called "Project"), and presently on file with the City Clerk of 1110 the City, are hereby adopted and approved. The location of the Project improvements inclu4ps all lots and lands adjoining and contiguous or bounding and abutting upon such LKL-04/28/88-95A-2548 -2- • improvements or specially benefited 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. ESTIMATED COST; PORTION TO BE PAID BY SPECIAL ASSESSMENTS. The total estimated cost of the Project is $5,233,256. It is hereby determined to construct the Project and to defray a portion of the cost thereof in the amount of $4,280,000, comprising 81.78% of total estimated construction costs, by special assessments to be levied against the properties specially benefited thereby. SECTION 3. METHOD OF ASSESSMENT. The special assessments shall be levied on a front foot basis against all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefited thereby and further designated by the assessment plat. The special assessments shall include a benefit charge comprised of a pavement benefit charge and/or a drainage benefit charge against those lots or parcels which are not adjoining and contiguous or bounding and abutting on the paving and/or drainage improvements, respectively, but which are otherwise specially benefitted thereby based upon such factors as render such assessment fair and equitable. The special assessments shall be levied against such properties in a direct proportion to the benefits received from the construction of the Project. SECTION 4. PAYMENT OF SPECIAL ASSESSMENTS. Such special assessments shall be paid in not exceeding 18 equal yearly installments with interest at the rate of not exceeding eight per centum (8.00%) per annum, or if bonds are issued pursuant to the Act, at a rate not to exceed one percent above the rate of interest at which the improvement bonds authorized pursuant to the Act and used for the improvement are sold, 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 assessments may be paid without interest at any time within thirty (30) days after the Project is completed and a resolution accepting the same has been adopted by the City. The special assessments as finally determined and adjusted shall be payable at the office designated for payment. The first speci l oc�uce m'"ts h . ,it :nt � __ _ - `^�_+-._.r :h ,._ orost ,innn the whole assessment. shall be due and payable in cash on the first day of November after the date of acceptance of the Project by the City, and like payment, together with interest upon the unpaid balance of the special assessment, shall be due and payable on November 1st in LKL-05/05/88-?5A-2548 -3- each and every year thereafter until paid in full; provided, however, that such assessments may be paid in full without interest at any time within thirty (30) days after the adoption of a resolution by the City accepting the completed Project; 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 bonds issued which are payable from such special assessments. SECTION 5. COLLECTION OF SPECIAL ASSESSMENTS. Upon the failure of any property owner to pay any annual installment due, or any part thereof, or any annual interest upon deferred payments, the City Commission shall cause to be brought the necessary legal proceedings by a bill in chancery to enforce payment thereof with all accrued interest and penalties, together with all legal costs incurred, including a reasonable attorney's fee, to be assessed as part of the costs and in the event of default in the payment of any installment of an assessment, or any accrued interest on said assessment, the whole assessment, with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment service of process against unknown or non-resident defendants may be had by publication, as now provided by law in other chancery suits. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages; or, in the alternative, said proceeding may be instituted and prosecuted under Chapter 173, Florida Statutes (1987) or, upon compliance with Section 197.363, Florida Statutes (1987), special assessments may be subject to the ad valorem tax collection method. SECTION 6. PUBLICATION. The City Clerk of the City is hereby directed to cause this Resolution to be published one time in a newspaper of general circulation published in the City, and if there be no newspaper published in the City, this Resolution shall be published once a week for a period of two (2) weeks in a newspaper of general circulation published in Duval County, Florida. SECTION 7. ESTABLISHING THAT PRELIMINARY ASSESSMENT ROLL IS ON FILE. The City hereby establishes that a preliminary assessment roll for Section (H) is now on file with the City Clerk. The preliminary assessment roll prepared by the Consulting Engineers sets forth the lots and lands assessed and the amount of the benefit • to be assessed against each lot or parcel of land. The preliminary assessment roll also sets forth that, if the assessment is to be paid in installments, the number of annual installments (that is, eighteen) in which the assessment is divided. LKL-04/28/88-95A-2548 -4- SECTION 8. SETTING PUBLIC HEARING. Pursuant to the Act, the City Commission does hereby set a public hearing for the public to be heard at 7:15 p.m. at its regular meeting on June 20, 1988, at the City Commission Meeting Room, City Hall, 716 Ocean Boulevard. At such public hearing the public shall be given (1) an opportunity to be heard on the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor and as to the amount thereof to be assessed against each property so improved, and (2) an opportunity to object to the proposed use of the ad valorem tax collection method for collection of such special assessments. At the public hearing, or at a continuance thereof, the City Commission shall meet as an equalizing board to hear and consider any and all complaints as to the special assessments and shall adjust and equalize the assessments on a basis of justice and right. At the public hearing, or a continuance thereof, the City Commission shall also consider authorizing utilization of the ad valorem tax collection method for the special assessments. SECTION 9. NOTICE OF PUBLIC HEARING. In accordance with the Act, the City Commission hereby directs the giving of notice of the public hearing. Not less than ten days' prior notice in writing by first class mail of such time and place, and the amount of the assessment, shall be given to such property owners which shall be served by mailing a copy of such notice to each of such property owners at his last known address, the names and addresses of such property owners to be obtained from the records of the property appraiser or from such other sources as the City Clerk or Consulting Engineer deems reliable, proof of such mailing to be made by the affidavit of the City Clerk or Deputy City Clerk, or by the Consulting Engineer, said proof to be filed with the City Clerk; provided, that failure to mail said notice or notices shall not invalidate any of the proceedings with respect to the Project, its financing or collection. Notice of the time and place of such hearing shall also be given by two publications, a week apart, in a newspaper of general circulation in the City, and if there be no newspaper published in the City, the City Commission of the City shall cause said notice to be published in like manner in a newspaper of general circulation published in Duval County, Florida; provided that the last publication shall be at least one week prior to the date of the hearing. Said notice shall describe the streets or other areas to be improved and advise all persons • interested that the description of each property to be assessed and the amount to be assessed to each piece or parcel of property may be ascertained at the office of the City Clerk. Such service by publication shall be verified by the affidavit of the publisher and LKL-05/05/88-95A-2548 -5- filed with the City Clerk. Each such notice shall set forth that if the ad valorem tax collection method is approved by the City Commission and is utilized then the potential for loss of title exists with use of this collection method and the time and place of the public hearing. The mailed and published notice of public hearing shall be in substantially the form as attached hereto as Exhibit "B" with such modifications as may be required by law. SECTION 10. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the bonds to be hereafter issued. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption." Section 2. Repealing Clause. All Resolutions of the City or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby superseded and repealed. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption. Adopted this 9th day of May , 1988. 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MEMORIAL DRIV Nt t-zszz _ iF : CO RIVE.% o0o t '� 1 t rr :' 0 1 0 5 -aoo 80 = 3 • z a �• to w • y CV = . rt 4 - .i •2.:i. * 8 td 13 1 to 4:1> I CO ■im ■ _. . co MAIC L' '��� ■ co LIN■ E SEEl q_ �" • ..t, ■..■��_ cm 2 o J Y J EXHIBIT "B" (MAILED AND PUBLISHED NOTICE) NOTICE OF PUBLIC HEARING [Mailed Notice] (Name) (Amount of your assessment: $ (Address) (First Class Mail) (Dear :) [Published Notice] (To Whom It May Concern) NOTICE IS HEREBY GIVEN that the City Commission of the City of Atlantic Beach, Florida (the "City") has adopted its Resolution No. 88- 7 which sets a public hearing of the City Commission at 7: 15 p.m., on June 20 , 1988, at the City Commission Meeting Room, City Hall, 716 Ocean Boulevard, City of Atlantic Beach, Florida, for the purposes described below: PROPOSED SPECIAL ASSESSMENT PROJECTS The City Commission has by Resolution No. 87-2, as amended by Resolution No. 87-4 and Resolution No. 88- 7 , proposed improvements described as the area encompassed by Atlantic Blvd. on the south, Mayport Rd. on the east, Church Rd. on the north, and the first tier of lots west of Jasmine on the west. (Brief Description of project and location thereof). The City has proposed to defray a portion of the costs of such improvements by the levy of special assessments upon the lots and lands to be specially benefitted. All persons interested are hereby advised that the description of each property to be assessed and the amount to be assessed to each piece or parcel of property may be ascertained at the office of the City Clerk. At the public hearing the City Commission will provide an opportunity for interested persons to be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor and as to the amount thereof to be assessed against each property so improved. The City Commission will meet as an equalizing board to hear and consider any and all complaints as to the special assessments and shall then or thereafter adjust and equalize the assessments on a basis of justice and right. PROPOSED AD VALOREM TAX COLLECTION METHOD The City proposes to utilize the ad valorem tax collection method for collection of the special assessments. If your property is assessed, failure to pay such assessments may result in the loss of title to your property if the City Commission determines that assessments will be collected in the same manner as ad valorem taxes. If you wish to object to the proposed special assessment projects and/or collection method, you may do so by appearing personally or by filing written notice with the City Como-ssion prior io "fie time of Lh!.. A person wishing to appeal any decision of the City Commission with respect to any matter considered will need a record and may wish to ensure that a verbatim Srecord is made. CITY COMMISSION CITY OF ATLANTIC BEACH, FLORIDA LKL-05/05188-95A-2548 B-1