82-R-22RESOLUTION NO. 82-R-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, PURSUANT TO SECTION
170.03, FLORIDA STATUTES, DECLARING SPECIAL
ASSESSMENTS FOR THE PURPOSE OF CONSTRUCTION
OF HARD SURFACE STREETS WITHIN THE CITY OF
EDGEWATER, FLORIDA, DESIGNATING PINE TREE
DRIVE, TRAVELERS PALM DRIVE, AND VISTA PALM
DRIVE, OR PORTIONS THEREOF, AS THE STREETS
TO BE SO IMPROVED, DESIGNATING THAT A PORTION
OF THE EXPENSE OF THE IWROVEMENT IS TO BE
MADE BY SPECIAL ASSESSMENTS, DETERMINING.. THE
MANNER IN WHICH THE ASSESSMENT SHALL BE MADE,
DETERMINING WHEN 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,A'®
DETERMINING A TOTAL ESTIMATED COSTS, AND PRO-
VIDING THAT THE CITY CLERK SHALL PROVIDE"
NOTICE AS PROVIDED BY LAW, REPEALING ALL HE
SOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has
held numerous public hearings regarding pavement, repair, and hard
surfacing of several streets within the City, and has determined it is
in the public interest for the City to move forward with a street re-
surfacing and paving program, and
WHEREAS, the City Council has held public hearings to determine
which streets should be improved by hard surfacing, and
WHEREAS, the City Council wishes to move forward with a program
which shall provide paving for most of the 87 miles of unpaved roads
within the City in the shortest period of time, and to provide re-
surfacing for older paved roads in need of repair, and
WHEREAS, the City Council has determined that the authority grant-
ed to it under Chapter 170, Florida Statutes, is the proper, most
equitable, and most efficient manner of providing these local improve-
ments.
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 municipal improvements to certain city streets with-
in 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 benefited properties to the extent of
the improvements provided by the municipality.
SECTION 2. The following streets are hereby designated to be sub-
ject to the paving or hard surfacing program within the City of Edge-
water, Florida: Pine Tree Drive, from its intersection with 12th
Street, south to 30th Street, excluding Indian River Boulevard south
to 24th Street; Travelers Palm Drive, from its intersection with 12th
Street, south to its intersection with 30th Street; Vista Palm Drive,
from its intersection with 22nd Street south to its intersection with
30th Street. (Attached hereto as Exhibit "A" is a map of the Streets
effected.)
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, which shall not ex-
ceed $100,000.00 dollars, and shall be appropriated from the general
improvement.fund.
SECTION 4. The total estimated cost of the proposed improvement
is $300,000.00. Such estimated cost includes the costs of construct-
ion 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 specifidations, survey
of estimates 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 -construct-
ion, administrative expense, and such other expense as may be neces-
sary or incident to the financing herein authorized.
SECTION 5. Two-thirds of the total cost of the proposed improve-
ment 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
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and one-third of the total cost shall be levied against owners of real
property abutting the west side of improved streets.
SECTION 6. The assessment shall be levied upon all lots and lands
adjoining and contiguous or bounding and abutting upon such improve-
ments or specially benefited thereby and further designated by the
assessment plat hereinafter provided for.
SECTION 7. 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 8. Assessments levied against real property owners
specially benefited shall be paid within 30 days of receipt of a
billing notice from the City as the assessment shall be recorded as
a binding first lien upon the real property. Assessments may be paid
in five equal monthly installments; however, payees who staisfy the
assessment prior to the city incurring financing costs may receive a
discount equal to their proportionate share of financing costs.
SECTION 9. The city may take into consideration the extent of
payment by real property owners in determing which streets to pave
first.
SECTION 10. At the time of the adoption of this Resolution, 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 improvement, which assessment plat, plans and
specifications and estimates shall be open to the inspection of the
public.
SECTION 11. Appropriate engineering studies have been authorized
by the City Council regarding the feasibility of the proposed special
improvements.
SECTION 12. This Resolution shall be published once in a news-
paper of general circulation published within the municipality.
SECTION 13. 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 assessment roll shall be completed and filed with
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the City Council as promptly as possible; said assessment roll shall
show the lots and lands assessed, the amount of the benefit to and
the assessment against each lot or parcel of land, and if said assess-
ment is to be paid from installments, the number of the installments
in which the assessment is divided shall also be entered and shown
upon said assessment roll.
SECTION 14. The assessment roll shall be publsihed according to
law.
SECTION 15. All Resolutions or parts of Resolutions in conflict
herewith be and the same are repealed.
SECTION 16. 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
regular meeting of said Council held on the �� day of ,
1982.
The vote on the above and foregoing Resolution No.91 - -�(� Z
following first reading thereof was as follows:.
MAYOR Robert Chri
=Lodico�,,/
COUNeILMAN
David Ledbetter
JJ� I
ONE THREE COUNCILMAN
Wilbert Pendleton
Z OUR OUNCIL
Jo n Wilbur
ATTEST:
CITY CLERIF
Authenticated this (�r day of
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