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83-R-23RESOLUTION NO. 83-R- 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, FINDING PRE- VIOUS SPECIAL ASSESSMENTS TO BE UNENFORCE- ABLE AND PURSUANT TO SECTION 170.03, FLORIDA STATUTES, DECLARING NEW SPECIAL ASSESSMENTS FOR THE PURPOSE OF CONSTRUCTION OF HARD SURFACE STREETS WITHIN THE CITY OF EDGEWATER, FLORIDA, DESIGNATING PINE TREE DRIVE FROM ITS INTERSECTION WITH 12TH STREET SOUTH TO THE INTERSECTION OF INDIAN RIVER BOULEVARD AND FROM ITS INTERSECTION WITH 21ST STREET SOUTH TO 30TH STREET; TRAVELERS PALM DRIVE FROM ITS INTERSECTION WITH 12TH STREET SOUTH CONTINUING TO ITS INTERSECTION WITH 30TH STREET; AND VISTA PALM DRIVE FROM ITS INTERSECTION WITH 22ND STREET SOUTH AND CONTINUING TO ITS INTER- SECTION WITH 30TH STREET; AS THE STREETS TO BE SO IMPROVED, DESIGNATING THAT A POR- TION OF THE EXPENSE OF THE IMPROVEMENT IS TO BE MADE BY SPECIAL ASSESSMENTS, DETER- MING THE MANNER IN WHICH THE ASSESSMENTS ARE TO BE PAID, DETERMINING THAT A PORTION IS TO BE PAID FROM THE GENERAL IMPROVEMENT FUND OF THE CITY OF EDGEWATER, FLORIDA, DESIGNATING THE LANDS TO WHICH THE SPECIAL ASSESSMENT SHALL BE LEVIED, INCORPORATING BY REFERENCE AN ASSESSMENT PLAT, DETERMIN- ING A TOTAL ESTIMATED COST, AND PROVIDING THAT THE CITY CLERK SHALL PROVIDE NOTICE AS PROVIDED BY LAW, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, at its regularly constituted meeting of January 3, 1983, found and was satisfied that the special assessments made pursuant to Resolution 82-R-22, 82-R-32, 82-R-36, 82-R-37, 82-R-42, and 82-R-56, are so irregular that the same cannot be enforced or collected; and WHEREAS, pursuant to Florida Statutes 170.14, the City Council of the City of Edgewater has the authority to take all necessary steps to cause a new assessment to be made for the entire project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. The City Council of the City of Edgewater, Florida, pursuant to the statutory authority granted to it, pursuant to Section 170.03, Florida Statutes, does hereby declare its intention to proceed with a program of munici- pal improvements to certain city streets within the City of Edgewater, Florida; to -wit: paving or providing hard surfacing to certain streets within the City of Edgewater, Florida, and to finance said improvements by assessing abutting, adjoining, contiguous or other specially bene- fited properties to the extent of the improvements pro- vided by the municipality. SECTION 2. The following streets are hereby designated to be subject to the paving or hard surfacing program within the City of Edgewater, Florida: Pine Tree Drive from its intersection with 12th Street South to its intersection of Indian River Boulevard and from its intersection with 21st Street South to. 30th Street, therefore, excluding the three blocks section between Indian River Boulevard and 21st Street, Travelers Palm Drive from its intersection with 12th Street South continuously to its intersection with 30th Street and Vista Palm Drive from its intersection with 22nd Street South and continuously to its intersection with 30th Street; as 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 hereinafter provided for. (Attached hereto as Exhibit "A" is a plat of the streets affected.) SECTION 3. Two-thirds of the total estimated cost of the proposed improvement, as aforesaid, shall be paid by levy of special assessments. The City of Edgewater, Florida, shall pay the sum of one-third of the total estimated cost of the proposed improvement to be appropriated from the general improvement fund. SECTION 4. The total estimated cost of the proposed improvement is approximately $. 360,000.00. Such estimated cost includes the costs of construction or re- construction, the cost of all labor and materials, the cost of all lands, property, rights, easements, and franchises acquired, financing charges, interest prior to and during construction, and for one year after completion of construction, discount on the sale of special assessment bonds, costs of plans and specifications, surveys of esti- mates and costs, and of revenues, costs of engineering and legal services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or re -construction, administrative expense, and such other expense as may be necessary or incident to the financing herein authorized. SECTION 5. Two-thirds of the total cost of the proposed improvement shall be paid by owners of real property specially benefited, which shall be assessed to each real property owner on a prorated basis according to the front footage of the respective properties specially benefited. one-third of the total cost shall be levied against owners of real property abutting the east side of the improved streets and one-third of the total cost shall be levied against owners of real property abutting the west side of improved streets. SECTION 6. Real property owners to be assessed shall be billed by the City. At a public hearing to be advertised according to law, the City Council shall meet as an Equalizing Board to hear complaints as to special assessment and shall adjust and equalize assessments on the basis of justice and right. SECTION 7. Assessments may be paid in twelve (12) equal monthly installments and shall bear interest at a rate not to exceed 7'% per year; however, the assessment may be paid without interest at any time within thirty days after the improvement is completed and a resolution accepting the same has been adopted by the City Council. SECTION 8. The City may take into consideration the extent of payment by real property owners in determining which streets to pave first. SECTION 9. At the time of the adoption of this Resol- ution, there shall be on file with the City Clerk an assessment plat showing the area to be assessed, with plans and specifications, and estimate of costs of the proposed improvements, which assessment plat, plans and specifications and estimates shall be open to the inspection of the public. SECTION 10. Appropriate engineering studies have been authorized by the City Council regarding the feasibility of the proposed special improvements. SECTION 11. This Resolution shall be published once in a newspaper of general circulation published within the municipality. SECTION 12. Upon adoption of this Resolution, the City Council of the City of Edgewater, Florida, shall cause to be made an assessment roll in accordance with the method of assessment provided for in this Resolution, which assess- ment roll shall be completed and filed with the City Council as promptly as possible; said assessment roll shall show the C C 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 from installments, the number of the annual installments in which the assessment is divided shall also be entered,and shown upon said assessment roll. SECTION 13. Upon completion of said assessment roll, the City Council of the City of Edgewater, Florida shall by resolution fix a time and place at which the owners of the property to be assessed, or any other person interested therein, may appear before said City Council and be heard as to the propriety and advisability of making such improve- ments, 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. SECTION 14. All prior resolutions or parts of resolutions in conflict herewith be and the same are repealed. SECTION 15. This Resolution shall take effect immediately upon its adoption as provided by law. The first reading of the Resolution was read in full and passed by a vote of the City Council of the City of Edgewater, Florida, at a meeting of said Council held on the day , 1983, and approved as provided by law. ROLL CALL VOTE AS FOLLOWS: ATTEST: RESOLUTION 83-R-23 c O-- R ��. COUNCILMAN COUNC&LWOMAN / COUNCILMAN COUNCI Approved,for legality and 7 U| 2 \I �: \— : 9 a } a 1. a. . � . A f A.I� lumum Ila ' |;Aliik:{ R Bg4 I: - \! - . y, - \r2 $ �� ¥ r22g®�.