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
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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
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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
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