88-11 v RESOLUTION NO. 88-11
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
TO ADJUST AND EQUALIZE SPECIAL ASSESSMENTS
FOR SECTION (H) AND TO CONFIRM SUCH SPECIAL
ASSESSMENTS AS ADJUSTED AND EQUALIZED FOLLOW-
ING A PUBLIC HEARING; ESTABLISHING THAT THE
FINAL ASSESSMENT ROLL IS ON FILE WITH THE
CITY CLERK; AUTHORIZING USE OF THE AD VALOREM
TAX COLLECTION METHOD FOR COLLECTION OF SUCH
SPECIAL ASSESSMENTS FOLLOWING A PUBLIC HEARING;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic
Beach, Florida (the "City") has previously adopted its Resolution
No. 87-2 , as amended by Resolution No. 87-4 and Resolution No.
88-7 , adopting the 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
WHEREAS, the City has previously adopted its Resolution
No. 88-7 setting a public hearing providing the owners of the
property to be assessed, and other interested persons (1) an
opportunity to be heard as to the propriety and advisability of
making such improvements, as to the costs 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; and
WHEREAS, the City Clerk has given notice by first class
mail and by publication of the time and place of such hearing to
owners of the property to be assessed, and other interested
persons, all in accordance with Resolution No. 88-7 of the City and
other applicable provisions of law; and
WHEREAS, on June 20 and June 30, 1988, pursuant to its
Resolution No. 88-7, the City held public hearings for the purposes
aforesaid and gave opportunity for all persons to be heard; and
WHEREAS, the City Commission of the City met as an
equalizing board to hear and consider any and all complaints as to
the special assessments and did adjust and equalize the assessments
on basis of justice and right; and
WHEREAS, Chapters 170 and 197 , Florida Statutes, and
other applicable provisions of law, require that the City by
resolution following a public hearing approve and confirm the
special assessments as adjusted and equalized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. At the public hearing the City Commission of
the City met and heard testimony from affected property owners as
to the propriety and advisability of making the improvements and
funding them with special assessments on property. Following the
testimony, the City Commission of the City made a final decision to
levy the special assessments. Thereafter, the City Commission of
the City met as an equalizing board and in such capacity the City
Commission of the City does hereby adjust and equalize the special
assessments set forth on the special assessment roll on file with
the City Clerk on a basis of justice and right pursuant to the law.
The adjustments and equalizations authorized in the minutes of the
public hearing, and authorized in the minutes of the meeting on the
date hereof, made or to be made in the special assessments set
forth on the special assessment roll on file with the City Clerk,
are hereby approved and confirmed. The assessments approved and
confirmed herein shall remain legal, valid, and binding first liens
upon the property against which such assessments are made, until
paid, however, upon completion of the improvement, the City shall
credit to each of the assessments the difference in the assessment
as originally made, approved, and confirmed herein and the
proportionate part of the actual cost of the improvement to be paid
by special assessments as finally determined upon the completion of
the improvement, but in no event shall the final assessments exceed
the amount of benefits originally assessed.
SECTION 2 . The City hereby establishes that the final
assessment roll, as adjusted and equalized by the equalizing Board,
is now on file with the City Clerk.
SECTION 3 . The City Clerk is hereby directed to record
such assessments in a special book, to be known as the "Improvement
Lien Book" , and the record of the lien in such book shall
constitute prima facie evidence of its validity. The City
Commission may by resolution grant a discount equal to all or part
of the payee's proportionate share of the cost of the project
consisting of bond financing costs, such as capitalized interest,
funded reserves, and bond discount included in the estimated cost
of the project, upon payment in full of any assessment during such
period prior to the time such financing costs are incurred as may
be specified by the City Commission.
SECTION 4 . 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 5. 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 6. This Resolution shall take effect immediately
upon its adoption.
PASSED by the City Commission of Atlantic Beach, Florida
this 11th day of March, 1991.
Attest:
1
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Aii. .Ak 1 /,....41/. /4 /
MAUREEN KING �Cltr - b
1111
y k WILLIE I. Gdi O
Mayor, Presiding Of
Approved as to form and correctness:
C. J , ESQUIRE
City Attt ey