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87-04 v 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 u.paid 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, 198",, at the City Commission. Meeting Room, City Hail, "l 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 this collection method and the time and place of the puolic nearing. The maiie i and published act cc: 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 BEACH, FLORIDA 4 ../gt,(Le/e • ity Attorney Mayor Attest: City Clerk • LKL-01/26/87-95A-2548 -5- • I 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 aroeal l any 'iec cion of he City Commission with respect to any matter considered will need record and may wish to ensure that a verbatim record is made. CITY COMMISSION CITY OF ATLANTIC BEACH, FLORIDA • LKL-01/26/87-95A-2548 -6-