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01-26-87 v AGENDA CITY OF ATLANTIC BEACH January 26, 1987 Call to Order Invocation and Pledge to the Flag 1. Approval of the minutes of the regular meeting of January 12, 1987 2. Recognition of visitors • 3. Action by the City Commission to confirm Ron Wingate of Atlantic Beach as the fifth member of the Pension Board of Trustees 4. Action by the City Commission to accept for maintenance the water and sewer public facilities in the Ocean Grove development and Ocean Edge development S. Action by the City Commission on Change Order No. 1 to Project 4A, Existing Sewer Plant Rehabilitation 6. Committee Report: Commissioners Morris and Edwards with a committee report and recommendations relative to a new 400,000 Gallon sewage treatment tank in the Buccaneer Water and Sewer District 7. Action on Resolutions: A. Introduction and adoption of a Resolution calling a public hearing to authorize methods of assessment and collection for special assessments in Section H, and setting the public hearing for Tuesday, March 3, 1987 8. Action on Exceptions: A. Receipt of documentation from the Advisory Planning Board and recommendations on an application for use by exception for an auto service garage at 61-63 West Second Street with the provision there be no outside work and no outside storage, and setting of a public hearing for February 9, 1987 B. Receipt of documentation from the Advisory Planning Board recommending the denial of an application for exception for a day-care center by the Sunrise Community Evangelical Free Church, and setting a public hearing for February 9, 1987 9. Action on Ordinances: A. Receipt of a proposed Ordinance from the Advisory Planning Board for the rezoning of property located on Church Road adjacent to the Donner recreation area from RG1 to RG2 for the construction of duplex units B. Receipt of a proposed Ordinance rezoning Lot 80, Unit 3, North Atlantic Beach from RS2 to RG2 and setting a public hearing for February 9, 1987 (Advisory Planning Board recommends denial) C. Ordinance No. 47-86-3 Continued public hearing and final reading of an Ordinance creating the Community Development Board to handle the previ- ous responsibilities of the Advisory Planning Board and the Board of Adjustment 10. Miscellaneous Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM- V V MISSION HELD AT CITY HALL ON JANUARY 26, 1987 AT 7:15 P.M. V0 V 0 T T PRESENT: William S. Howell, Mayor-Commissioner E E Robert B. Cook, Sr. D D Glenn A. Edwards William I. Gulliford, Jr. M S John W. Morris, Jr. , Commissioners 0 E T C AND: Richard E. Fellows, City Manager I O 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,offered by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of January 12, 1987 Motion: The minutes of the regular meeting of January 12,1987 be Cook x approved as written. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * * * * * * * * k * * * * * * * * * Howell x 2. Recognition of Visitors - None . Action by the City Commission to confirm Ron Wingate of Atlantic each as the fifth member of the Pension Board of Trustees. Mayor Howell announced the Pension Board had submitted the name of Ron Wingate as their fifth member on the Board. Motion: Confirm the appointment of Ronald W. Wingate, 1675 Selva Cook x Marina Drive as the fifth member on the Pension Board, as Edwards x x recommended by the other four members. Gulliford x Morris x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Action by the City Commission to accept for maintenance the water and sewer public facilities in the Ocean Grove development and Ocean Edge development. The City Manager reported he was in receipt of as-builts, television log reports, engineer's certification, and HRS bacteriological clear- ances, and maintenance bond in the amount of $60,000 for the Ocean Grove development. He had not received a deed to the lines as yet. He recommended the Commission accept the development for maintenance contingent to the deed being presented to the City Attorney within the next few days, and approved by him. Motion: Accept Ocean Grove Development for maintenance subject to Cook x receipt of the bill of sale. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * * * * * * ;; * * * * * * * * * * * * * * * * Howell x PAGE TWO V V MINUTES NAME OF JANUARY 26, 1987 COMMRS. M S Y N 4. Action to accept for maintenance - continued Mr. Fellows reported on Ocean Edge that he had received an irrevocable letter of credit in the amount of $41,911.00 guaranteeing the improve- ments, a bill of sale for the improvements, and all other necessary documents. Motion: Accept for maintenance the water and sewer public facili- Cook x ties in the Ocean Edge development. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * ;: * * x * * * * * * * * * * * * * * * * * Howell x 5. Action by the City Commission on Change Order No. 1 to Project 4A, Existing Sewer Plant Rehabilitation The City Manager reported the Change Order was for a total credit to the city of $1,276.00. There was a good chance there would be other change orders to be processed that would include increases in the contract price. Motion: Approve Change Order No. 1 to Project 4A, existing sewer Cook x x plant rehabilitation and accept the credit of $1,276.00. Edwards x Gulliford x x Juring discussion, it was agreed the change order would be one of Morris x the items taken under study. Following discussion, the question was Howell x called and the motion carried unanimously. * * * * * * :; * * * ;: * * * * * * * * * * *- * * * * * * * * * 6. Committee Report by Commissioners Morris and Edwards and recommenda- tions relative to a new 400,000 gallon sewage treatment tank in the Buccaneer Water and Sewer District Commissioner Edwards reported the Committee met on January 14, 1987 at City Hall, and following a lengthy discussion, the Committee voted unanimously to recommend to the City Commission the current project and proposed engineering study be authorized under the conditions of the Consultants Competitive Negotiation Act and the Committee be authorized to select from those interested engineers responding, the three top firms for further consideration. The Commission discussed the status of the sewer capacity in the Buccaneer district; the possible need for a detailed engineering study regarding built-out projections in the district as well as additional water and sewer capacity; additional land acquisition, and whether it was possible to use existing plans for a new tank. The City Manager advised amendments to the Fl.Statutes ChaFter 287.055 provided a project whose basic construction cost exceeded $120,000, or a study whose cost exceeded $6,000 would require the Commission to go out under the Consultants Competitive Negotiation Act. Commissioner Morris )ointed out the 4th tank was coming on two years earlier than projecticn, lnd they did not have the real estate to put the 5th tank on. He expressed concern relative to an increase in rates or impact fees to accommodate a 5th tank. He asked Mr. Fellows to see what could be done in that regarc . He asked the Commission to consider the possibilities of the Oak Harbor PAGE THREE V V MINUTES NAME OF JANUARY 26, 1987 COMMRS. MSYN 6. Committee Reports - continued proposal. Another alternative would be to install extra plumbing to the four (4) tanks on site to increase their capacity. Commissioner Gullifo-d commented he missed the experience and knowledge available to the Commis- sion when Mr. Parks was the City Engineer. He asked if it was inappro- priate for the Commission to hire an Engineer on an as needed or consult- ing basis. No action taken on his comment. Motion: Authorize the Committee comprised of Commissioners Glenn Cook x Edwards and John Morris, City Manager Richard Fellows, and Edwards x x Public Services Director Bob Braid to enter into negotia- Gulliford x x tions for an engineering study under the conditions of Morris x the Consultants Competitive Negotiation Act relative to a Howell x new 400,000 gallon sewage treatment tank in the Buccaneer Water and Sewer District. The Committee will report back with the three top firms for Commission consideration. No discussion before the vote. Motion carried unanimously. * sY * * * '* * * * ° x * * * * * * * * * :: x * * * * * * * :c 7. Action on Resolutions - Resolution 87-4 [ayor Howell presented in full, in writing Resolution 87-4, a Resolution of the City of Atlantic Beach, Florida, amending Resolution No. 87-2 of the City to provide alternative methods of assessment in certain events and to provide for collection of special assessments by foreclosure proceedings in the event the Ad Valorem Tax Collection method is not later authorized; 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. Mr. Mullis asked Mr. Eckert of Bessent, Hammack and Ruckman if he had furnished the City Clerk with the amended assessment roll and he replied they were waiting on the printing - should be ready by end of the week. Motion: Adopt Resolution No. 87-4 and set a Public Hearing for Cook x March 9, 1987. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x Mayor Howell announced for the benefit of the audience, the Resolution Howell x Teas relative to the Section H project. On March 9, 1987 there would be Public Hearing in connection with the assessment, the type of assess- ment, the estimated amount, and how it would be collected. * * * * * * * * * * * * * * * * ,. ;; * * * * * * .. * ,. PAGE FOUR V V MINUTES NAME OF JANUARY 26, 1987 COMMRS. M S Y N 8. Action on Exceptions A. Receipt of documentation from the Advisory Planning Board and recommendations on an application for use by exception for an auto service garage at 61-63 West Second St. with the provision there be no outside storage. Motion: Set a Public Hearing for February 9, 1987 on a request for Cook x Use by Exception for an auto service garage at 61-63 West Edwards x x Second St. with the provision there be no outside storage. Gulliford x Morris x x No discussion before the vote. Motion carried unanimously. Howell x * * * .'. * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Receipt of documentation from the Advisory Planning Board recommend- ing the denial of an application for exception for a day-care center by the Sunrise Community Evangelical Free Church. Motion: Set a Public Hearing for February 9, 1987 on a request for Cook x x Use by Exception for a day-care center by the Sunrise Edwards x Community Evangelical Free Church. Gulliford x Morris x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9. Action on Ordinances A. Ordinance No. 90-87-115 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING THE LAND DEVELOPMENT CODE AND THE OFFICIAL ZONING MAP( OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO REZONE LAND OWNED BY STEPHEN H. MABRY AND JOHN H. TALBERT, AND DESCRIBED AS SHOWN ON APPENDIX "A" ATTACHED HERETO FROM RG-1 RESIDENTIAL GENERAL TWO FAMILY TO RG-2 RESI- DENTIAL GENERAL MULTIPLE FAMILY AND PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 90-87-115 on first reading. Motion: Passage of Ordinance No. 90-87-115 on first reading. Cook x x Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Mayor Morris x Howell set the Public Hearing for February 9, 1987. Howell x * * * * * * ;: * * * * * * * * * * * * * * * * * * * * * * * B. Ordinance No. 90-87-116 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, 'LORIDA; AMENDING THE LAND DEVELOPMENT CODE AND THE OFFICIAL ZONING MAP F THE CITY OF ATLANTIC BEACH, FLORIDA, TO REZONE LAND OWNED BY ELLEN C.PRICE, AND DESCRIBED AS LOT 80, NORTH ATLANTIC BEACH UNIT NO. 3; FROM RS-2 RESIDENTIAL SINGLE FAMILY TO RG-2 RESIDENTIAL GENERAL AND PROVIDInG AN EFFECTIVE DATE. PAGE FIVE V V MINUTES NAME OF JANUARY 26, 1987 COMMRS. MSYN 9. Action on Ordinances - continued Mayor Howell presented in full, in writing Ordinance No. 90-87-116 on first reading. Motion: Passage of Ordinance No. 90-87-116 on first reading. Cook x Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Mayor Morris x Howell set the Public Hearing for February 9, 1987. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. ,Ordinance No. 47-86-3 - Final Action AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; REPEALING IN ITS ENTIRETY ARTICLE XV, SECTIONS 132 THROUGH SECTION 147; REPEALING IN ITS ENTIRETY CHAPTER 14, SECTIONS 14-1 THROUGH 14-22; CREATING A NEW CHAPTER 14 TO BE TITLED PLANNING/ZONING/APPEALS; PROVIDING RULES AND REGULATIONS; PROVIDING AN EFFECTIVE DATE OF FEBRUARY 1, 1987. Mayor Howell presented Ordinance No. 47-86-3 in full, in writing on final reading and continued Public Hearing. He opened the floor for a :ontinued Public Hearing and invited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 47-86-3 on second and final Cook x reading. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Miscellaneous Mayor Howell recommended the following individuals be appointed to the new Community Development Board: Ruth Gregg, Don Tappin, Johnny Bass, Sam Howie, Gregg McCaulie, Francis Delaney, and Louis MacDonell. Motion: Approve the nominations to the Community Development Board Cook x x as recommended by the Mayor effective February 1 , 1987. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x Howell x The terms of office will expire as follows: Name Term Expires Mrs.Ruth Gregg 12-31-87 Mr. Donald Tappin 12-31-87 Mr. Johnny Bass 12-31-88 Mr. Sam Howie 12-31-88 Mr. Gregg McCaulie 12-31-89 Mr. Francis Delaney 12-31-89 Mr. Louis MacDonell 12-31-90 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE SIX V V MINUTES NAME OF JANUARY 26, 1987 COMMRS. M S Y N Miscellaneous - continued Mayor Howell announced that Commissioner Edwards, City Attorney Mullis, City Manager Fellows and he would be attending the Florida League of Cities 're Legislative meetings in Tallahassee Wednesday through Friday, 1/28-30/87. There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 7 :52 p.m. // William S. Howell Mayor/Presiding Officer ATTEST: Adelaide R.R. Tucker City Clerk h RESOLUTION NO. 87-4 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING RESOLUTION NO. 87-2 OF THE CITY TO PROVIDE ALTERNATIVE METHODS OF ASSESSMENT IN CERTAIN EVENTS AND TO PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS BY FORECLOSURE PROCEEDINGS IN THE EVENT THE AD VALOREM TAX COLLECTION METHOD IS NOT LATER AUTHORIZED; 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. WHEREAS, the City Commission of the City of Atlantic Beach, Florida (the "City") has previously adopted Resolution No. 87-2 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 Engineers, and, among other things, directing the Engineers to make and file with the City Clerk of the City Commission a completed assessment role for inspection by the public containing 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, the completed assessment role is now on file with the City Clerk, as directed; and WHEREAS, the City desires to amend Resolution No. 87-2 to provide alternative methods of assessment from the front footage method, in certain events, to fairly and equitably establish the special benefit to each lot assessed and to provide collection of special assessments by foreclosure proceedings in the event the ad valorem tax collection method is not later approved; and WHEREAS, Chapter 170, Florida Statutes (1985), particularly Section 170.07, Florida Statutes (1985), and Section 197.0126, Florida Statutes (1985), and other applicable provisions of law (the "Act"), requires that 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 LKL-01/26/87-95A-2548 -1- 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: SECTION 1. AMENDMENTS TO RESOLUTION NO. 87-2. (a) Section 3 of Resolution No. 87-2 of the City is hereby amended in its entirety to read as follows: "SECTION 3. PAYMENT AND COLLECTION. 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. Such 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; provided, however, that if an assessment to any particular lot or lots in the Project would render an assessment based upon front footage which is disproportionate to the special benefit to be conferred upon such lot or lots, then the special assessments with respect to such lot or lots shall be based upon equivalent front footage taking into account such factors as square footage, shape, use, whether such lot is a corner lot or is on a cul- de-sac, whether the lot could be subdivided taking into account access needs, and such other factors as to 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. 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 each and every year • thereafter until paid in full; provided, however, that such assessments may be paid in full LKL-01/26/87-95A-2548 -2- 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. 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 (1985) or, upon compliance with Section 197.0126, Florida Statutes (1985), special assessments may be subject to the ad valorem tax collection method." (b) Section 6 of Resolution No. 87-2 is hereby redesignated Section 7 and the following is hereby inserted in its place: "SECTION 6. 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 2. 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 March 9, 1987, at the City Commission Meeting Room, City Hall, 716 Ocean Drive. 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 • LKL-01/26/87-95A-2548 -3- 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 3. 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 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 Engineer deems reliable, proof of such mailing to be made by the affidavit of the City Clerk or Deputy City Clerk, or by the 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 1 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 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 thiscollection. 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 "A" with such modifications as may be required by law. • LKL-01/26/87-95A-2548 -4- SECTION 4. 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 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. Adopted this 26th day of January , 1987. Approved as to form and correctness: CITY OF ATLANTIC B:ACI!, FLORIDA i 1 City Attorney Mayor Attest: City Clerk LKL-01/26/87-95A-2548 -5- • EXHIBIT "A" (MAILED AND PUBLISHED NOTICE) NOTICE OF PUBLIC HEARING (Name) (Address) (First Class Mail) (To Whom It May Concern) (Dear :) NOTICE IS HEREBY GIVEN that the City Commission of the City of Atlantic Beach, Florida (the "City") has adopted its Resolution No. 87-4 which sets a public hearing of the City Commission at 7:15 p.m., on March 9, 1987, at the City Commission Meeting Room, City Hall, 716 Ocean Drive, 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, proposed improvements described as (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 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 toensure that a verbatim record is made. CITY COMMISSION CITY OF ATLANTIC BEACH, FLORIDA LKL-01/26/87-95A-2548 -6- ' Air V.1.", -k. .• ,.. CITY OF rte& �w e &ad - uda "' �� 716 OCEAN BOULEVARD P.► ata 0.BOX 26 „s1, ATLANTIC BEACH,FLORIDA 32233 ••' TELEPHONE(904)249 2396 January 12, 1987 To: The Honorable Mayor and City Commissioners From: Richard C. Fellows, City Manager and . Claude L. Mullis, City Attorney Subject: PROPOSED AMENDMENTS TO ORDINANCE 1147-86-3 After consultation, the City Attorney and I suggest the City Commission authorize the following amendments to Ordinance 47-86-3 for purposes of clarification: Section 14-20, Subparagraph 15 should read as follows: To act as an Appeals Board or Board of Adjustment where it is alleged there is an error in any order, requirement, decision or determination made by the administrative official in that official's interpretation of the terms of ordinances relating to planning, zoning, or other technical codes of the City. The Board shall not have the authority to grant a variance or exception to the provisions of these above mentioned ordi- nances except as set forth in subparagraph 14 above. Section 14-23, Proceedings of the Board It is suggested the first sentence of this paragraph read as follows: "Four (4) members of the Community Development Board shall constitute a quorum but a less number may adjourn from time to time until a quorum is present." . The rest of the paragraph will read as proposed. It is proposed that Section 14-24 be amended so it will read as follows: Section 14-24. Appeals: Appelate jurisdiction Appeals to the Community Development Board may be taken by any person aggrieved or by an officer or bureau of the City Commission affected by any decision of the administrative officer in regards to that officer's interpretation of the • • terms of ordinances relative to planning, zoning, or other technical codes of the City. Such appeals shall be taken within thirty (30) days after rendition of the order, require- ment, decision or determination appealed from by filing with the officer from whom the appeal is taken, and with the Community Development Board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action of the appeal was taken. • Section 14-27. We propose this•paragraph be changed to provide the concurring vote of four members of the board are necessary for decisions rather than five members, and further, to put a period after the word "pass" in the next to last sentence and strike the rest of the sentence.