Loading...
05-09-88 v CITY OF ATLANTIC BEACH May 9, 1988 - Regular Meeting AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of April 25, 1988 2. Recognition of visitors 3. Appearances: A. Clements/Rumple/Goodwin/D'Avi with report on feasibility study of new City Hall at present location 4. Action by the City Commission to approve and ratify the expenditure of $7,500.00 on state contract for the replacement of a sanitation vehicle 5. Action by the City Commission on a request from R.W. Fowler and Associates for temporary office space to be added to the rear of their property at 400 Levy Road 6. Committee Reports: A. Mayor Howell to report on a meeting with the principals of Atlantic Utilities regarding the utility system in the Oak Harbor subdivision B. Report and recommendation of the Professional Services Eval- uation Committee relative to engineering fees for the prepara- tion of plans and specifications for the remaining water and sewer lines on Beach Avenue between Sixteenth Street and Twentieth Street 7. Discussion by the City Commission on approval of covenants and restrictions in Selva Linkside PUD 8. Action on Exceptions: A. Public hearing on an application for exception by Bennett Construction Company for the sale of beer and wine in a Commercial General District at a new restaurant at 100 West First Street (Community Development Board recommends approval) 9. Action on Resolutions: A. Resolution No. 88-7 A Resolution amending in its entirety Resolution No. 87-2 of the City of Atlantic Beach which adopts assessment plats, plans, specifications and stated estimated construction costs and certain other matters in connection with the levy and collection of special assessments in Section H, and sets a special public hearing on the matter for 7:15 PM, June 20, 1988 at the City Commission meeting room, City Hall, Atlantic Beach B. Resolution No. 88-8 Budget adjustment to provide funds for salary adjustments for the City Clerk and City Manager C. Resolution No. 88-9 Budget adjustment Resolution to provide a transfer of funds from the general fund to the pension fund to provide for twenty-year retirement of Police Chief Carl Stucki 10. Action on Ordinances: A. Ordinance No. 50-88-9 Public hearing and final reading of an Ordinance to provide a policy on the use of drugs and alcohol; providing drugs to be tested for; providing job applicant testing standards; provid- ing current employee testing standards; providing for written notice; providing for confidentiality; providing an effective date 11. Mayor to call on City Commissioners, City Attorney, City Clerk, City Manager for reports and/or requests Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY v v COMMISSION HELD AT CITY HALL ON MAY 9, 1988 AT 7 :15 P.M. O O T T E E PRESENT: William S. Howell, Mayor/Presiding Officer D D Robert B. Cook, Sr. Glenn A. Edwards William I. Gulliford, Jr. M S Alan C. Jensen, Commissioners O E T C AND: Richard C. Fellows, City Manager I 0 Y Claude L. Mullis, City Attorney NAME OF ONEN Adelaide R. Tucker, City Clerk COMMRS. N D S 0 The meeting was called to order by Mayor Howell. The invocation,offerel by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the Minutes of the Regular Meeting of April 25, 1988 Motion: Minutes of the regular meeting of April 25, 1988 be Cook x approved as submitted. Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Jensen x x * * * ,. * :: * * * * * * ;; t * ;e ;: * * * * * ;e Howell x 2. Recognition of Visitors Mrs.Ann Rodgers, 1163 Beach Blvd. said they had paint markers on both sides of the right-of-way of Beach Ave. between 11th and 12th streets. She asked a city employee, in a city truck, who would be digging on the right-of-way. He told her on the east side were sewer lines and the west side were water lines. He was going to put in three taps for George Bull's condominiums and one tap for Gene Nordan. Mrs. Rodgers asked for an explanation about George Bull's condominiums in single family zoning. Mayor Howell and Mr. Fellows both responded "so would I". The Mayor told her the city was putting in one tap for Gene Nordan only. The city employee was called on the phone and he explained that he told Mrs. Rodgers the city was asked for a quote on three taps, not to install them. Mrs. Edna Dickinson, Beach Ave. asked why markers would be on both sides of the street to cut one tap. Mr. Fellows explained water lines were on one side and sewer lines on the other side of the street. 3. Appearances: A. Clements/Rumple/Goodwin/D'Avi with report on feasibility study of new City Hall at present location Mr. Rumple offered a site plan of a proposed 6,800 sq.ft. city hall at the present location, with total parking for approximately 45 cars. Mr. Rumple said they were pleased to report it would be feasible to build on the same site, using approximately 7,000 sq.ft. total, but there would be "zero expansion room in the future." In response to Commissioner Gulliford's question on cost, Mr. Rumple said the cost of expansion on the present site, and building the same square footage on another site would be similar. The main concern on the site next PAGE TWO V V MINUTES NAME OF MAY 9, 1988 COMMAS. MSYN Appearances - continued: to the Public Safety Bldg. was whether they had to go to pilings or move the ditch, etc. However, there would be a saving in parking at the Public Safety Bldg. site. Commissioner Gulliford said if the cost estimate was close in the two buildings, the city would gain, not only in the potential for expansion, but would also gain the present city hall building for utilization of other community-wide purposes. A general discussion followed relative to the present city hall building and the other site. . Motion: Authorize Clements, Rumple, Goodwin, D/Avi Architects Cook x x to examine the site adjacent to the public safety bldg. Edwards x and prepare studies of that site for a new city hall to Gulliford x x the same level as previously authorized on the present Jensen x site. Howell x No discussion before the vote. Motion carried unanimously. • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Action by the City Commission to approve and ratify the expenditure of $7,500. on state contract for the replacement of a sanitation vehicle Motion: Ratify the expenditure of $7,500.00 for the replacement of Cook x x a sanitation vehicle to be purchased under state contract. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 5. Action by the City Commission on a request from R.W.Fowler and Assoc. for temporary office space to be added to the rear of their property at 400 Levy Road. Mayor Howell reported he had talked briefly with Mr. Fowler re the tem-, porary office space. Mr. Fowler is presently on a septic tank as sewer is not available at the present time. Additions to the building will be be constructed as soon as the city has sewer available. Motion: Approve the request by R. W. Fowler and Associates for Cook x temporary office space at 400 Levy Road. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * z; * * * * * :; * * * * ;; * * * * * * * * * * * * * * * Howell x 6. Committee Reports A. Mayor Howell to report on a meeting with the principals of Atlantic Atlantic Utilities regarding the utility system in the Oak Harbor Subdivision Mayor Howell reported he met last week with the officials of Atlantic Utilities regarding the utility system in Oak Harbor. Atlantic Utilities wanted approximately $1,096,000 for the system, and our engineers were estimating a value of approximately $250,000. The lines are being tele- vised, and studies done on the water mains, etc. The next meeting was scheduled for June 15th. The Mayor will report back. PAGE THREE V V MINUTES NAME OF MAY 9, 1988 COMMRS. MSYN Committee Reports: B. Report and recommendation of the Professional Services Evaluation Committee relative to engineering fees for the preparation of plans and specifications for the remaining water and sewer lines on Beach Avenue between Sixteenth St. and Twentieth St. Mr. Fellows reported the Committee composed of Mr. Mullis, Mr. Johnson, and himself met and examined the proposed fee, keeping in mind the proposal was an estimate only, and the actual expense would be less. The Committee examined the letter of justification from Gee & Jenson, and following evaluation, the Committee recommended the City authorize a contract be entered into with Gee & Jenson for the work. Motion: Approve the recommendation of the Professional Services Cook x Evaluation Committee and award a contract to Gee & Jenson Edwards x x for engineering fees for the preparation of plans and speci- Gulliford x fications for the remaining water and sewer lines on Beach Jensen x x Avenue between Sixteenth St. and Twentieth St. in the Howell x amount of No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Discussion by the City Commission on approval of covenants and re- strictions in Selva Linkside PUD Motion: Approve Covenants and Restrictions in Selva Linkside PUD Cook x as submitted. Edwards x x Gulliford x x Jensen x During discussion before the vote, Commissioner Cook asked if it was Howell x normal procedure to approve covenants and restrictions. The Mayor responded the city had always approved covenants and restrictions for Planned Unit Developments (PUD) . The question was called and the motion carried unanimously. 8. Action on Exceptions: A. Public Hearing on an application for exception by Bennett Construction Company for the sale of beer and wine in a Commercial General District at a new restaurant at 100 West First Street. Mayor Howell opened the floor for a Public Hearing and invited comments from the audience on the application for exception by Bennett Construct- ion Co. for the sale of beer and wine in a Commercial General District at a new restaurant at 100 West First St. As no one spoke for or agains= the request, the Mayor declared the Public Hearing closed. Cook x x Motion: Approve the application for exception by Bennett Construct- Edwards x ion Co. for the sale of beer and wine at a new restaurant Gulliford x x at 100 West First St. Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * is * * * * * * * * * * is * * * * * * * * is is PAGE FOUR V V MINUTES NAME OF MAY 9, 1988 COMMRS. MSYN 9. Action on Resolutions: A. Resolution 88-7 Mayor Howell presented in full, in writing Resolution No. 88-7, a Resolution amending in its entirety Resolution No. 87-2 which adopts assessment plats, plans, specifications and stated estimated construct=on costs and certain other matters in connection with the levy and collect- ion of special assessments in Section H. Motion: Passage of Resolution No. 88-7. Cook x Edwards x x Gulliford x During discussion, Mayor Howell announced a Public Hearing on the Jensen x x proposed assessments would be held on June 20, 1988 at 7:15 p.m. Howell x Mr. Mullis commented the Resolution provided for alternate methods for making the assessments and placing them on the tax roll. He met with the Property Appraiser, Ernie Mastroainni, last Friday, and he offered to cooperate in any way possible with the City of Atlantic Beach. The question was called and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Resolution No. 88-8 dayor Howell presented in full, in writing Resolution No. 88-8, a Resolution to provide funds for salary adjustments for the City Clerk and City Manager. Motion: Passage of Resolution No. 88-8. Cook x Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * *- * * * * Howell x C. Resolution No. 88-9 Mayor Howell presented in full, in writing Resolution No. 88-9, a Resolution to provide a transfer of funds from the general fund to the pension fund to provide for twenty-year retirement of Police Chief Carl Stucki. Motion: Passage of Resolution No. 88-9. Cook x Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 10. Action on Ordinances: A. Ordinance No. 50-88-9 - Public Hearing and final reading PAGE FIVE V V MINUTES NAME OF MAY 9, 1988 COMMRS. MSYN 10. Action on Ordinances - continued 50-88-9 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO PROVIDE A POLICY ON THE USE OF DRUGS AND ALCOHOL; PROVIDING DRUGS TO BE TESTED FOR; PROVIDING JOB APPLICANT TESTING STANDARDS; PROVIDING CURRENT EMPLOYEE TESTING STANDARDS; PROVIDING FOR WRITTEN NOTICE; PROVIDING FOR CONSENT; PROVIDING FOR HEARINGS; PROVIDING FOR CONFIDENTIALITY; PROVIDING FOR LAB TESTING REQUIREMENTS; PROVIDING AN EFFECTIVE DATE. Ordinance 50-88-9 was presented in full, in writing by Mayor Howell on second and final reading. Said Ordinance was posted in line with Charter requirements. The Mayor opened the floor for a Public Hearing and in- vited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 50-88-9 on second and final Cook x reading. Edwards x x ' Gulliford x No discussion before the vote. Motion carried unanimously. Jensen x x * * * * * x * * * * * * * * * * * * * * * * * * * * * * * Howell x Miscellaneous Commissioner Gulliford asked the City Manager for comments on the dog ordinance recently passed. Mr. Fellows responded that signs had been ordered, a handout had been prepared for new residents, and notices had been prepared to post in city hall, tax collector's office, and post office. Mr. Fellows anticipated having the signs ready to erect within two weeks, and at that time he will try to get Television coverage with our Animal Control Officer, Ms. Lester. Mayor Howell reminded everyone about the Bicentennial celebration and annual Spring Festival to be held on Saturday, May 14th at Russell Park from 10:00 a.m. until 6:00 p.m. Mrs. Rose Blanchard, Parks Director, said local scouts would conduct the ceremony of raising the flag, and she planned a very nice finale for the Bicentennial celebration. Mrs. Blanchard invited everyone to attend the big event. Mayor Howell announced he had responded to an article written by Mr. R. Shreadley, Executive Editor of The News and Courier/The Evening Pos:, Charleston, S.C. relative to Jacksonville's 20-year experience with Consolidated Government. The Mayor advised a law suit had been filed against the city by Mr. Rex Thames, owner of the Big L that had recently been closed by Court Order due to the drug connected activity. Mr. Thames, in the interim, rented the building to a lawn service company who was presently re- modeling it. Mr. Thames was appealing the decision of the Court to close down his establishment for drug activities. Mr. Mullis commented it appeared to him there may be some reasons behind it that were a little more obscure than just the law suit. A detailed discussion followed. PAGE SIX V V MINUTES NAME OF MAY 9, 1988 COMMRS. MSYN Miscellaneous - continued Mayor Howell commented briefly on the letter received from the Freedom From Religion Foundation objecting to the fact that Mrs. Blanchard had scheduled opening and closing prayers for the Bicentennial celebration, He ordered the letter filed for information. Mr. Fellows reported on the cost of the emergency repairs for a collapsed sewer line over by The Champions Club. The lowest estimate received was $6,500. Smith & Gillespie recommended the city move on the project and not wait on a regular contract to do the work,as there are about 24,000 gallons of water a day of infiltration going into the pipe now. Motion: Authorize the expenditure of $6,500 for emergency repairs Cook x for a collapsed sewer line over by The Champions Club, as Edwards x x recommended by the Engineers, Smith & Gillespie. Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * ;: * * * * * * * * * * * * * ;: * Mayor Howell announced there would be a short meeting in the Conference Room immediately following the meeting relative to labor collective bargaining. here being no other business to come before the Commission, the Mayor declared the meeting adjourned at 8:00 p.m. ' 7"/// Will yam Mayor/Presiding Officer ATTEST: Adelaide R. Tucker City Clerk 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 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; PROVIDING FOR NOTICE OF SUCH HEARING BY MAIL AND PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. 110 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-04/28/88-95A-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 Wit 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 described in Section (H) of the Master Plan for Roadway, Drainage, Water Distribution, 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 • the City, are hereby adopted and approved. The location of the Project improvements includes all lots and lands adjoining and contiguous or bounding and abutting upon such LKL-04/28/88-95A-2548 -2- 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 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 installment of the special assessments, together with interest upon 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 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. Approved as to form and correctness: CITY OF ATLANTIC BEACH, FLORIDA .i ity Attorney Mayor Attest: • City Clerk LKL-04/28/88-95A-2548 -6- MATCH LINE SEE A— 2 MOOMIMINI I—U UNMI II •IIF,poi o* II. 6 1.■ t s1:If,ras-�a:NI s as_. .... ..tae .7., i ., 41* #tart S2-Q • 111 : ,I ► Ht1-i, WI _ !11!� 1W 173ln -+ . © Q . 101, W 4., c• .a •L. ,.. • — .. J, z t•.l3 ,S4►: �`� 14.4 �iii :4—.4: ,• .i. cliiii WEST AtA SSTREET S � © ttT ► J.ii _., 3 r a t _ t t t a c a ( 2 _ ( t�NNI `'+ 1:742;410f: � ..1 ,�40:s7VAIF Oi II/ 1 (t -1 + IA Iata 1h KI•+ •--1/21 /tt ir[4 ti �yat*vv.- 4 r.. , ilt4or veer litsi, f S / • i S S- S I S f srilt ft• j �If All tit , �r.10 �` •.• • 1 • I ' 'iir S��ex.?. � itt •l jMI 0 7 1110 — 114 • • . lu uo a 1 ` a 1 t �� St 14' • �•F i>h SAIa� •Je11 �1 �� tfi � . IA d •otlsn.ln s uy 1. 41 —`--- / asp 41ip : 4. ��7�"'� WEST s.s s ��� StR ��P Q qmwiwamrwmmr < W O • '� gillPs .---�' • , i . • �� `"FST 44490111Atirttcr i* et f4 !1 .li: 9J ?I Bra 9,, lee♦ .uoi►li N �= -1.04,� Q 4174-, --A P.---; I� wFst ��eitkeZt ....„, moi ,/J2 O 71C;:"4:6. ....-.-. ..... ' t.' I. ±! :bi 87 •S7-4•480 • ht. 0 e S er 40 gr ' s t t f r s s �• s co giartirr It‘Is SO _ . - L 11 N • WEST 1st STREET —= : J:. ,,- I - . < +++��� . ' U u OI �. 1/3 .J �" , a -moo ,i t /� I;1 s ' 1 t ��i „ii,� �ac4 IcD • r •O G !b • •• N a03 — -•- - 1 31 4 N /'l ATLANTIC BOULEVARD X 4 J I '. LEVY • - MATCH 1 1 • ' ' :t s- — •..` +- LINE SEE A_ 3 _ • 1i. __ ROAD t -4--,—t ac..a. a�.,a;lin a� y lit Imp 8 iarifii NS - WEST 14th 4 '• 1 I - CD CP , • .t La 7 IS I%41 I 1 M 4 I="4 4 t 4 4 NIA a e � TREET 1/1490/14CII JNEST - 1 I - f. 1..la : IIII IIIII LW mg vin 24 ins, Pm. t t ! nu /4 4 waisVirk,7. • r Mfr-I� F , � =� 1r z.- .,-. pm _ . mrs al - rpm . ijrari? dirrito • — WM Milvi MOM F • • F NM • U MIEN • ST NU 4 MIZE w g litel "4.. 11r4rtiPir 41 6 . • 1 lin ME WWI a . i • g II . =MR : ‘..k?. Arit, 3?.htfe?.- „ttt, _L. 1 li 1111111114 P.- g t * 171 WM ir 11:111EN 6 it 44:444/11:1174024/81 • 4- I , . ,rie. - , :4,.! ' • itahts 4 46'4 pew. ;,-, nrala :4-27-`"Mair.411144-44/, CA ° , r- -,: , jr•- 4,44 . :op iii-: ci S V t • litt r) t fk ake Mill Sr-06 ' Zr<TD ! V � it* sr 0. Cr W /,ate WEST0 PLAZA 4ro• a. ,�:' . I MI� 4 , 441Op*�'1 1 S • 41 .r f - RN I I i • Q�� �� itilI I • 4 i s �l re It7t1 C' , 43-41- I rD 1:'As s C : �� liPAiVS'it 4* • • ■. . ar fis • s '� b 1YE3 A -...-_-_, ", 4 :,--. ifrAir 1 Ogr? v ■ Y 11 , D -I �, sr ' _ _ . I mg t . I u a s REEr � At 0 1; - * , .-. ^1 f �l.-.r III 410 r I m 1y j � •ca%t ' . w1 4f I is _ !41,Kt ! Q ,.e ms T .. �,� I r . �• i� . ♦_Th tirt , . . i 'ilmtAV 43- 4111Firtalab'It 1 , i :` a gig 62)• La- . ' OA i - ♦ z ♦� �'• BEST .�� inivAw • o /WEST tith s C iTREETc = O �44),TAiork.s?4,-,-.7%-w• -� I g , .. . ria, ..,- . �.1, , . macs a •— F - Vco VW 4 '�_ 1 I --J I ZM __" Q sr4 41:� 'Ab .44-i4 la M•1• •r1/}moi; tiM.s t Lift ��-�-f- EE'7 !� (V 1 V Ca ---- . ' I_1 i l' ;_ LIT_!4 X On +-:11.-•÷ * 6! ...pielit7Wita 4.4.4tatzt 5 MATCH LINE SEE A- 1 5 /r'lr _PROJECT LIMITS " .1188..••••i�g i' r t 11 p I 2 • TrT �� _ ------a r ,• ttr -�—., VAS SID s • 1 �w •t• s� s S e �L>� ,r !• _ r • O 8888188./•,a• INI u 1 • or. ( 1 •F. 1lC 11881188 aoo .. .• t <ID �•1 1�=e..a.000 Q 8871.•. •• • w ' es � •ID q 1c.ta•?t —r�t{1 no i`1` / • i a . l r _ .Aar!, fMw�t V ra a CXJOpiliaL4Y ��GS : Il i l°• 57f�✓.ler 41XEET liis) 7 1 Kz)88 7 88"1 17X.L4.4.-000 billed A 1. tw. ..! MZ • .el Alral »• 1888888 - 1417(t ) F tl • co17tlL7-OOd CM a !a.•, U it:!u!-18O E V OS L.IllVit WOMEN Eillg 00 onri111" r'• �s' 0 -��yy •... 17LDL1 - 000 ` .,. 1211 -21 gnis••• +� , , m•.�.:�� Am, a co 0 ; + `� 17LSLi-000 w.f tt� 1121 1 �� � Mi�1Cilil et-471W • Oita 77.0-11.) - .0 . •n Ilia -•.• __i • X ;.„••C o.•.LsS�-44� , EIM••r. t V ao�iar iTRi T 17Z5Z9 -000 oain CO F. �" _ j :: It in 0 ._ CD - 4 ► !1114111F-1 �- . W Q r.� KE STNcAhi _ RD.` 17L3te-oar) drat.., �,�� 0 1'1�'2 ,•11••• ••• . - 1 E06AR 3TRGQT •- •/• 88.88•...,• ! CWRLSt!, - „IZ �� ./ •lel••-.• .7Z»C -CO..3 • _ / ® a) ..,. .•.,... = iii E ,ta! -88w� :74: R u 11t'e'•�® NS' b a NS'. ^ • 1 T MAGI. M ,mac+ 4'88088 .. r Y a■e .o 881_ s� i Z ~ `� 17888888-000 d L44e 1T'l13> r I �_5_, 172!8888 • !. MEMORIAL DRIVE.• - Cleo Q ! Z i y ' :! 1 41) 0 1 0 -oor� 'C 03 880 $..# j 3 3 e� 3 �� N '4111 3 ' 1 AP o # . , I ime aim"me sits bit_ ico<I> I co NM MATCH L10 INE • •� a �•� • CI N EE q-2 ai�•�•� • �• �• aimTwo � eiiii- 4i.o. -J S EXHIBIT 'B" 11110 (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. 416 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 Commission prior to the time of the scheduled hearing. 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 record is made. CITY COMMISSION CITY OF ATLANTIC BEACH, FLORIDA LKL-05/05/88-95A-2548 B-1