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RESOLUTION NO. 87- 9
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
TO ADJUST AND EQUALIZE SPECIAL ASSESSMENTS AND TO
CONFIRM SUCH SPECIAL ASSESSMENTS AS ADJUSTED AND
EQUALIZED FOLLOWING A PUBLIC HEARING; AUTHORIZING
USE OF THE AD VALOREM TAX COLLECTION METHOD FOR
COLLECTION OF SUCH SPECIAL ASSESSMENTS FOLLOWING A
PUBLIC HEARING; DIRECTING THAT FINAL PLANS AND
SPECIFICATIONS BE COMPILED AND THAT BIDS BE OBTAINED
FOR THE IMPROVEMENTS; 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 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
WHEREAS, the City has previously adopted its Resolution No. 87-4 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 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; 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. 87-4 of the City and
other applicable provisions of law; and
WHEREAS, on March 9, 1987, pursuant to its Resolution No. 87-4, the City
held such public hearing 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 a basis of justice and right; and
WHEREAS, Chapter 170, Florida Statutes (1985), particularly Section 17 0.08,
Florida Statutes (1985), Section 197.363, Florida Statutes (Supp. 1986), and other
applicable provisions of law (the "Act") require that the City by resolution following a
public hearing approve and confirm the special assessments as adjusted and equalized and
authorize the use of the ad valorem collection method;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. ADJUST AND EQUALIZE SPECIAL ASSESSMENTS;
CONFIRMATION AND APPROVAL; LIENS IMPOSED. At the public hearing or a
continuance thereof, 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 role on file with the City Clerk on a basis
of justice and right pursuant to the Act. The adjustments and equalizations, if any,
authorized in the minutes of the public hearing, or a continuance thereof, to be made in
the special assessments set forth on the special assessment role 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.
SECTION 2. IMPROVEMENT LIEN BOOK. 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 this 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 3. AUTHORIZING AD VALOREM TAX COLLECTION
METHOD. Pursuant to the Act, the City Commission of the City hereby authorizes use
of the ad valorem tax collection method for collection of the special assessments.
SECTION 4. DIRECTING THAT FINAL PLANS AND SPECIFICATIONS BE
COMPILED AND BIDS BE OBTAINED. The Engineers are hereby directed to compile
final plans and specifications for the improvements. The City Clerk is hereby directed,
upon receipt of such final plans and specifications from the Engineers, to obtain bids in
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• accordance with the Act so that the contract for the improvements may be finally let by
the City.
SECTION 5. 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 6. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
Adopted this day of , 1987.
Approved as to form and correctness:
CITY OF ATLANTIC BEACH, FLORIDA
City Attorney Mayor
Attest:
City Clerk
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