Exh 3A`' 3A
CITY OF ATLANTIC BEACH ~ y~~ ~ ~~
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Recommendation on Refinancing Loan and Section H Assessments
DATE: Apri120, 1999
SUBMITTED BY: David E. Thompson; City Manager
BACKGROUND: At the April 12, 1999 City Commission meeting, staff was directed
to work out the details of passing along the savings realized
through the refinancing of the Gulf Breeze loan, to the citizens in
Section H who have assessments that were financed under that
loan. The direction included an effective date of November 1,
1999, and it was understood that the individual citizen accounts
would be based on the outstanding balances of the assessments for
each property. To that end, staff has developed a recommendation
for passing along the savings.
The original loans were secured by resolutions passed by the City
of Atlantic Beach City Commission. Since we are altering a
previous resolution, a new resolution needs to be drafted reflecting
this change.
RECOMMENDATION: We recommend directing the City Attorney to draft an appropriate
resolution, based on the attachment, to lower the individual
assessments by an amount comparable to the reduction in the
interest rate as a result of the recent refinancing of the Gulf Breeze
loan.
ATTACHMENT: See attachment dated April 16, 1999 to the City Manager from
Finance Director Nelson Van Liere
REVIEVYED BY CITY
MANAGER:
AGENDA ITEM NUMBER:
n
MEMORANDUM
Date: Apri116,1999
To: David Thompson, City Manager
From: Nelson Van Liere, Finance Director~~ --
Re: Savings on Gulf Breeze Refinancing
800 SEMiNOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
SUNCO~i 852-5800
At the April 12, 1999 City Commission meeting the staff was directed to come up with a way of
passing the savings to be realized from the refinancing of the Gulf Breeze Loan to the property
o~~mers which still have outstanding assessments for infrastructure improvements.
The savings to the City from the refinancing vas a result of attaining a lower interest rate, net of
~~ costs to refinance. The savings will begin with the June 1, 1999 payoff of the old loan. The
fairest way to pass this savings onto the property owners is to reduce the interest rates of their
respective assessments by a comparable amount, thus lowering their annual payments from now
to the end of the assessment term. This assures that the savings is distributed on a pro-rata basis
to the property owners based on their outstanding balance for which the City is charging interest.
Original Gulf Breeze Interest Rate 7.50%
New Sun trust Interest Rate < 4.20% >
Interest Reduction: 3.30%
Original Assessment Interest Rate 8.65%
Proposed Interest reduction < 3.30% >
Proposed new interest rate for Section "H" 5.35%
Example:
For every $1,000 of Principal Balance Owed:
Interest portion of annual payment due = (.0865 X 1,000) $86.50
New portion of annual interest due = (.0535 X 1,000) 53.50
Savings in first year $33.00
Initial estimate of savings to be returned to the section "H"property owners would be
.f
approximately $16,142 in the first year. This amount would decrease each year as the principal
[ balance of their assessments decline.
As of the end of the year there were 194 separate assessments totaling approximately $489,175.
That is an average of $2,521.52 per assessment. An average savings in the first year would
therefore be approximately, (.033 X $2,521.52 ), $83.21.
~'
> w
RESOLUTION NO. s7-2
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
,~ ADOPTING THE ASSESSMENT PLAT AND PLANS AND
SPECIFICATIONS SUBMITTED BY THE CONSULTING
ENGINEERS; DETERMINING TO DEFRAY A PORTION OF THE
E%PENSE THEREOF BY SPECIAL ASSESSMENTS AGAINST THE
PROPERTIES SPECIALLY BENEFITED THEREBY; STATING THE
TOTAL ESTIMATED COST AND PORTION TO BE PAID BY
SPECIAL ASSESSMENTS; DIRECTING THE ENGINEERS TO MAKE
AND PILE WITH THE CITY COMMISSION AN ASSESSMENT ROLL
COVERING SUCH LOCAL IMPROVEMENTS WHICH SETS FORTH
THE ASSESSMENT AGAINST EACH LOT AND THE NUMBER OF
ANNUAL INSTALLMENTS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida (the
"City") has previously passed a motion directing preparation of an assessment plat and
plans and specifications, and directing a determination of estimated construction costs to
. be placed on file with the City Clerk for inspection by the public; and .
WHEREAS, such action has been accomplished; and
WHEREAS, Chapter 170, Florida Statutes (1985), particularly Section 170.03,
Florida Statutes (1985), and other applicable provisions of law (thc "Act"), 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;
f
NOW, THEREFORE, BE IT RESOLVED BY THE CITX COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA: .
SECTION 1. ADOPTION OP ASSESSMENT PLOT AND PLANS AND
SPECIFICATIONS; NATURE AND LOCATION OF IMPROVEMENTS. The assessment plot
and plans and specifications for certain local paving improvements, consisting of new and
reconstructed streets and storm drains, 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 Bessent,
Hammack do Ruckman, Inc., the Engineers, and presently on file with the City Clerk of
the City, are hereby adopted and approved. The location of such local improvements
(herein called "Project") includes all lots and lands adjoining and contiguous or bounding
and abutting upon such 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 S4,453,417. It is hereby
LKL-01/09/87-95A-2548 -1-
determined to construct the'Project and to defray a portion of the cost thereof in the
amount of 33,800,000, comprising 85.32796 of total estimated construction costs, by
special assessments to be levied against the properties specially benefited thereby. '
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 and four tenths per centum (8.400 per annum on the unpaid balances
from the date of acceptance by the City of the Project, to which, if not paid when due,
there shall be added a penalty of one percent (195) 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. 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 of the Tax Collector. 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 hP paid in full without interest at any time within thirty (30) days after the adoption
of s 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 4. ASSESSMENT ROLL; PUBLIC HEARING TO BE SET UPON
COMPLETION. The Engineers are hereby directed to promptly make and file with the
City an assessment roll, on a front foot basis, as aforesaid, showing the lots and lands
assessed, and which includes the amount of the assessment against each lot or parcel of
land, which special assessments, if not paid in cash, shall be divided into not exceeding 18
equal annual installments. Upon the completion of said assessment roll, the City
Commission shall by resolution fix a time and place at which the owners of the property
to be assessed, or any other persons interested therein may appear before the City
..
LKL-01/09/87-95A-2548 -2-
Commission and 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, all in accordance with
the Act.
SECTION 5. PUBLICATION. The City Clerk of the City is hereby
directed to cause this Resolution to be published one time in a newspaper of genera!
circulation published in the City, and if there be no newspaper published in the Clty, this
Resolution shall be published once a week for a period of two (2) weeks in a newspaper of
general circulation published In Duva! County, Florida.
SECTION 6. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
Adopted this 12th day of January , 1987.
Approved as to form and correctness:
CITY OF ATLANTIC BEACH, FLORIDA
ity Attorney hisyor
Attest:
City Clerk
LI{L-01/09/87-95A-2548 _g_
. 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 POR COLLECTION OF SPECIAL
ASSESSMENTS BY FORECLOSURE PROCEEDINGS IN THE
EVENT THE AD VALOREM TAR 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 MAHING 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 Hessent, Hammack do 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 dIreeted; and
WHEREAS, the City desires to amend Resolution No. 8?-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, oc
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-D1/26/87-95A-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 (8.0096) 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
bands 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 (196) 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
s~e~ial benefit to be conferred upon such lot oc 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 t'i~.>. u:;paid ~al~r.ac c°
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
r (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. SEYERABILITY 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 ?:15 p. m. at its
regular meeting on March 9, t98i, at the City CommIssiur i~icetir,g FcG~T., CIt;• Iisll, ^. iC
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 lass of title exists with use of this collection method
and the time and place of the public hearing. The maIieu sud pubiis:sed netlcc of public
hearing shall be in substantially the form as attached hereto as Exhibit "A" with such
modifications as may be required by law.
l '
LKL-01/26/87-95A-2548 -4-
SECTION 4. SEVERABILITY OF INVALID PROVISIONS. [f 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 , 198?.
Approved as to form and correctness:
ity Attorney
Attest:
t,
~~~
City Clerk
CITY OF ATLANTIC BEACH, FLORIDA
Mayor
LKL-01/26/87-95A-2548 -5-
- EXHIBIT "A"
~' (MAILED AND PIIBLISIiED NOTICE)
NOTICE OP PIIBLIC HEARING
(Name)
(Address)
(First CIass Mail)
(To lYhom It May Concern)
(Dear :)
NOTICE IS IiEREBY GIVEN that the City Commission of the City of Atlantic
Beach, Florida (the "City") has adopted Its Resolution Ho. 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 Bench, 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 protect 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
v;;ll~meet as an equalizing board to hear and consider any and all complaints 8s to the
special assessments and shall then or thereafter adjust and equalize the assessments on a
basis of justice and right.
PROPOSED AD VALOREM TAR 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 perscn wishing to egaeal any dec~slon o! t::e City Ccmn~Issi;n with respect
to any matter considered will need a record and may wish to ensure that a verbatim
record is made.
CITY COMMLSSION
CITY OF ATLANTIC BEACH, FLORIDA
LKL-01/26/87-95A-2548 -6-
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 & Buckman, 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.
1
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
i 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:
,~!~~~~
MAUREEN KING, C ty C1 rk WILLI I. GUL O
Mayor, Presiding Of i
Approved as to form and correctness:
AN C. J S , ESQUIRE
City Att ey
~',
RESOLUTION NO. 91-11
A RESOLUTION AMENDING RESOLUTION NO. 88-7 OF
THE CITY OF ATLANTIC BEACH, FLORIDA, WHICH
ADOPTED MATTERS. IN CONNECTION WITH PLANS,
CONSTRUCTION COSTS, LEVY AND COLLECTION OF
SPECIAL ASSESSMENTS FOR SECTION (H), TO CHANGE
THE TIME FOR~PAYMENT OF SPECIAL ASSESSMENTS,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach,
Florida has previously adopted its Resolution No.87-2, as amended
by Resolution No.87-4 and Resolution No.88-7, and has adopted its
Resolution No.88-11, 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 Design Report prepared by Bessent, Hammack & Ruckman,
Inc., and adjusting and equalizing the special assessments, and
WHEREAS, Resolution 88-7 provided in Section 4 thereof that
the special assessments could be paid in not exceeding eighteen(18)
equal yearly installments, and
WHEREAS, the City Commission desires to provide for payments
of the special assessments in equal yearly installments not
exceeding twenty(20) years.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH AS FOLLOWS:
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SECTION 1. Resolution 88-7, Section 4. PAYMENT OF SPECIAL
ASSESSMENTS is hereby amended to provide that the special
assessments shall be paid in not exceeding twenty (20) equal yearly
installments. All remaining provisions of Section 4. and of
Resolution 88-7 shall remain in full force and effect.
SECTION 2.
upon its adoption.
This Resolution shall take effect immediately
PASSED by the City Commission of Atlantic Beach, Florida this
25th day 'of March, 1991.
Attest:
iiAU EEN KING
City Clerk
Approved as to f rm and correctness:
C. JE
City Att ey
Mayor, Presiding
RESOLIITION 91-28
A RESOLIITION OF THE CITY OF ATLANTIC BEACH
ADOPTING THE NON-AD VALOREM ASSESSMENT ROLL
FOR SECTION H, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has levied a non-ad valorem assessment for
improvements made in Section H which benefit certain properties
located in Section H, and
WHEREAS, the City adopted a resolution electing to use the
uniform method of collecting such assessment, and
WHEREAS, the non-ad valorem assessment is being levied for the
first time, and
WHEREAS, the City has provided notice by mail and by
publication as required by Florida Statute Section 197.3632(4)(b)
at least 20 days prior to the public hearing,
NOW THEREFORE, be it resolved by the City Commission of the
City of Atlantic Beach as follows:
~'`~ Section 1. The City Commission hereby adopts the non-ad
valorem assessment roll currently on file with the office of the
City Clerk.
Section 2. The unit of measurement for the assessment is per
front foot, and the amounts of the assessment are at the rate of
$13.43 per front foot for water and $18.41 per front foot for
sewer.
Section 3. This Resolution shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission of Atlantic Beach, Florida this
9th day of September, 1991.
ATTEST: _, J
,j'~
at.~..,.~ L ,
MAUREEN KING ~ GLENN A. EDWARD , Commissioner
City C1=rv Acting Mayor, Presiding Officer
P.pp~_oved ~:s to for~n~ and correctness:
City At
