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94-R-15RESOLUTION NO. 94-R-15 i(INITIAL ASSESSMENT RESOLUTION, FLORIDA SHORES IMPROVEMENT AREA) if A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, RELATING TO THE LEVY OF SPECIAL ASSESSMENTS AGAINST THE LANDS AND REAL ESTATE WITHIN THE AREA OF THE CITY SPECIFICALLY BENEFITTED BY CERTAIN PAVING IMPROVEMENTS AND KNOWN AS FLORIDA SHORES IMPROVEMENT AREA SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR A PUBLIC HEARING, AT WHICH THE CITY COUNCIL SHALL DETERMINE WHETHER TO LEVY SUCH ASSESSMENTS AND SHALL ACT AS AN EQUALIZING BOARD; PROVIDING FOR THE GIVING OF NOTICE TO ALL AFFECTED PROPERTY OWNERS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY OF RESOLUTION. This resolution is adopted pursuant to the provisions of Chapters 166 and 197, Florida Statutes, Sections 1.01 of the City Charter of the City, Ordinance No. 91-0-1, as amended and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby found determined and declared by the City Council (the "Council") of the City of Edgewater, Florida (the "City"): A. The Council intends to provide for the acquisition and construction of certain paving improvements (the "Project") within the area of the City known as Florida Shores Improvement Area Special Assessment District, and to assess the cost thereof against parcels of land specially benefitted thereby. B. There has or there will be, prior to August 22, 1994, prepared and filed with the City Engineer and the City Clerk (the "Clerk") plans and specifications, cost estimates, and a preliminary assessment roll for the Project including the method of assessment. C. It is necessary to provide for a public hearing at which all interested persons will be invited to attend and present comments, requests, and opinions relating to the Project and the levying of the assessments. SECTION 3. PROJECT; DESCRIPTION. The Council hereby determines to proceed with the Project. The nature of the proposed improvement is the construction of certain paving improvements. The location of the project is described on the plat on file with the Clerk and the City Engineer. The total cost of the Project is estimated not to exceed $11,845,000, two-thirds of which will be paid through the levy of special assessments. One-third of the cost of the Project will be paid by the City primarily from certain of the City's excise taxes. The assessments will be apportioned on the basis of equivalent lots of benefitted property, in the manner recommended by the Engineers, as more particularly described in the preliminary assessment roll to be on file with the Clerk. The assessments will be payable in not more than fifteen (15) equal, annual installments, will be collected according to the uniform method in the same manner and at the same time as ad valorem taxes in each year, commencing in 1994. The lands upon which the assessments will be levied consist of all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefttted thereby and are more particularly shown on the assessment plat on file or to be on file with the Clerk and the Engineer. SECTION 4. ASSESSMENT PLAT, PLANS AND SPECIFICATIONS, COST ESTIMATE, AND PRELIMINARY ASSESSMENT ROLL. The assessment plat, plans and specifications, the cost estimate, and the preliminary assessment roll, including the specific method of assessment, for the Project shall be filed with the Clerk. The roll shall be maintained in the office of the City Clerk and shall be open to inspection during normal business hours by any interested persons. SECTION 5. PUBLIC HEARING. A public hearing shall be held before the Council in the Council Meeting Room at the time and on the date specified in the notices referred to in Section 6 hereof. Following such public hearing, the Council shall determine whether to levy the assessments with respect to the Project and, if the Council determines to levy the special assessments, the Council shall equalize and adjust such special assessments on the basis of right and equity and shall adopt, approve and confirm the assessment roll as so equalized. SECTION 6. NOTICE. (a) Publication of Notice. A notice of the time, place and purpose of such public hearing (the "Published Notice') in the form attached hereto as Exhibit A and incorporated herein by this reference, is hereby approved. The City Clerk, upon the filing with her of the assessment plat, plans and specifications, the cost estimate, and the preliminary assessment roll for the Project, is directed to cause the Notice to be given by not less than two publications in the Daytona Beach News Journal, a newspaper of general circulation in the City, one week apart, the second publication being at least one week prior to the public hearing. Publication of such Notice shall be established by affidavit of the publisher which shall be filed with the City Clerk. (b) Mailing of Notice. A notice in the form attached hereto as Exhibit B (the "Mailed Notice") is also hereby approved. The City Engineer is directed, at least ten (10) days prior to the public hearing, to mail, by first class mail, postage prepaid, to each person owning a parcel which is to be subject to the assessment, at each such owner's last known address as shown on the Preliminary Assessment Roll (the names and addresses shown thereon having been obtained from records of the Property Appraiser or from such other sources as the City Engineer deems reliable), a copy of the Mailed Notice, containing the particular information with respect to the parcel. Proof of such mailing shall be made by affidavit of the City Engineer, and said proof shall be filed with the City Clerk, provided that failure to mail such Notice and statement shall not invalidate the proceedings hereunder. SECTION 7. SEVERABILITY. If any one or more of the provisions of this Resolution should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such provisions shall be null and void and shall be deemed separate from the remaining provisions of, and in no way affect the validity of, all the other provisions of this Resolution. SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 3N /EO�.WM AMMMQ i Al"t 16, IM 2M M o PASSED AND APPROVED by the City Council of the City of Edgewater, Florida, this 15th day of August, 1994. ATTEST: CITY OF EDGEWATER, FLORIDA Ey: �- k Ha an, ayor APPROVED AS TO FORM: Krista A. Storey, City Attomqf Ao i 16, IM 1'.42 M EXHIBIT A [FORM OF PUBLISHED NOTICE] NOTICE Notice is hereby given that the City Council of the City of Edgewater, Florida, will meet on September 12, 1994, at 7:00 P.M., Eastern Time, in the Council Chambers, City Hall, 104 North Riverside Drive, Edgewater, Florida, for the purpose of hearing objections, if any, of all affected persons to the confirmation of Resolution No. which was passed and adopted by the City Council on August 15, 1994 (the "1994 Assessment Resolution"). In the 1994 Assessment Resolution, the Council determined to acquire and construct certain paving and drainage improvements in the City, determined to finance such improvements in part through special assessments, payable in fifteen (15) annual installments plus interest and costs of collection (subject to certain rights of prepayment), and specified the lots and parcels of land to be specially assessed therefor (the "Florida Shores Improvement Area Special Assessment District'). All affected persons have the right to appear and be heard at the above -referenced meeting of the City Council and have the right to file with the Clerk of the City, not later than September 11, 1994, written objections as to the propriety and advisability of making said improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each parcel of property benefitted thereby. The area to be improved is shown on the plat map attached hereto. Dated this 22nd day of August, 1994. CITY OF EDGEWATER, FLORIDA Ferdinand Munoz Director of Finance 31 EM S.WJM ASSESSMENT A-1 A" t 16, 19% 142 M q_�� [FORM OF NOTICE BY MAIL] NAME ADDRESS RE: [PROPERTY DESCRIPTION] Notice is hereby given that the City Council of the City Edgewater, Florida, will meet on September 12, 1994, at 7:00 P.M., Eastern Time, in the Council Chambers, City Hall, 104 North Riverside Drive, Edgewater, Florida, for the purpose of hearing objections, if any, of all affected persons to the confirmation of Resolution No. _, which was passed and adopted by the City Council on August 15, 1994 (the "Resolution"). In the Resolution, the Council determined to acquire and construct certain paving and drainage improvements in the City, determined to finance such improvements in part through special assessments payable in fifteen (15) annual installments plus interest and costs of collection (subject to certain rights of prepayment), and specified the lots and parcels of land to be specially assessed therefor. Failure to pay any assessment when due may subject the property owner to loss of title to the property. Assessments have been apportioned between the benefitted parcels and the City on a 2/3-1/3 basis under which 2/3 of the cost of the improvements were allocated to properties abutting the streets and swales to be improved and 1/3 of such cost was allocated to the City. Assessments against each parcel are based on an "equivalent residential lot" ("ERL") for the paving and drainage improvements. The assessment per ERL has been preliminarily determined to be $ The above -referenced parcel has been determined to receive benefits equal to $ and has been preliminarily assessed on the basis of ERL's. This amount, as adjusted (if applicable), may be prepaid within thirty (30) days of the foregoing hearing date, without interest. Thereafter, the assessment, plus financing costs, estimated at $ , will be payable in fifteen (15) equal, annual installments, plus interest. You have the right to appear and be heard at the above -referenced meeting of the City Council and have the right to file with the Clerk of the City, not later than September 11, 1994, written objections as to the propriety and advisability of making said improvements, as to the cost thereof, as to the manner of apportionment thereof and the manner of payment therefor, and as to the amount thereof to be assessed against your property. 3NWFDtD WI/R r MESSMENT 13-1 Mu , 16, 1� I:Q M At the hearing, the Council will determine whether to levy the special assessments. If the Council determines to levy the assessments, it will sit as an equalizing board to hear any objections or complaints about individual assessments and, if necessary, shall adjust and equalize any assessments. Thereafter, the Council will approve the assessment roll as final. Upon the filing of such assessment roll with the Clerk, the assessments shall stand as legal, valid and binding first liens against the properties. Dated this _ day of August, 1994. CITY OF EDGEWATER, FLORIDA a Ferdinand Munoz Director of Finance ]]A 1/ 8 W]/R-A65E$$ME T U-2 Augurt 16, 1. 1'42 Pm