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87-02 v RESOLUTION NO. 8 7-2 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 EXPENSE 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 FILE 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 (the "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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. ADOPTION OF ASSESSMENT PLOT AND PLANS AND SPECIFICATIONS; NATURE AND LOCATION OF IMPROVEMENTS. The assessment plat 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 & 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 $4,453,417. 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 $3,800,000, comprising 85.327% 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 (8.40%) 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 (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. 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 be paid in full without interest at any time within thirty (30) days after the adoption of a resolution by the City accepting the completed Project; and provided, further, that unpaid balances of assessments may be paid at any time by payment of the principal and interest thereon to the next interest payment on any bonds issued which are payable from such special assessments. SECTION 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 general circulation published in the City, and if there be no newspaper published in the City, this Re olution shall be published once a week for a period of two (2) weeks in a newspaper of general circulation published in Duval County, Florida. SECTION 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 Mayor Attest: a)Geg/2:1' ) City Clerk LlcL-01/09/87-95A-2548 -3-