86-R-32RESOLUTION NO. 86-R-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, PURSUANT TO FLORIDA
STATUTES 170.03, DECLARING SPECIAL ASSESSMENTS
FOR THE PURPOSE OF CONSTRUCTION OF HARD SURFACE
STREETS WITHIN THE CITY OF EDGEWATER, FLORIDA;
DESIGNATING GUAVA DRIVE FROM INDIAN RIVER
BOULEVARD SOUTH TO 26TH STREET, ORANGE TREE
DRIVE FROM 12TH STREET SOUTH TO 30TH STREET,
QUEEN PALM DRIVE FROM INDIAN RIVER BOULEVARD
SOUTH TO 30TH STREET, AND WILLOW OAK DRIVEC FROM
30TH STREET SOUTH TO 36TH STREET, AS THE STREETS
TO BE SO IMPROVED; DESIGNATING THAT A PORTION
OF THE EXPENSE OF THE IMPROVEMENT IS TO BE MADE
BY SPECIAL ASSESSMENTS; DETERMINING 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 ASSESSMENTS SHALL BE LEVIED;
INCORPORATING BY REFERENCE AN ASSESSMENT PLAT;
DETERMINING 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.
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 within the City of Edgewater,
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 subject to the paving or hard surfacing program within
the City of Edgewater, Florida: Guava Drive from Indian River
Boulevard south to 26th Street, Orange Tree Drive from 12th
Street south to 30th Street, Queen Palm Drive from Indian River
Boulevard south to 30th Street, and Willow Oak Drive from 30th
Street south to 36th 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 improve-
ment is approximately $502,975.00. Such estimated cost includes
the costs of construction or reconstruction, 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
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 reconstruction, administrative expense, and such other expense
as may be necessary or incident to the financing herein authorized.
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SECTION 5: Two-thirds of the total cost of the proposed
improvements shall be paid by owners of real property specially
benefited, which shall be assessed to each real property owned
on a prorated basis according to the front footage of the
respective properties specially benefited. The two-thirds of
the total cost shall be levied against abutting real property
owners on each side of the improved streets in the following
manner: one-third on the north side and east side of the improved
streets and one-third on the south side and west side of the
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 assessments and shall adjust and
equalize assessments on the basis of justice and right.
q, SECTION 7: Assessments may be paid in twelve (12) equal
'monthly installments and shall bear interest at a rate not to
Q� exceed 7 8 per year; however, the assessment may be paid without
JI interest at any time within thirty (30) days after the improvement
is completed and a resolution accepting 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 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 improvements, which
assessment plat, plans and specifications and estimates shall be
open to the inspection of the public.
-3- Res. 86-R-32
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 twice 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 assess-
ment provided for in this Resolution, which assessment roll
shall be completed and filed with 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 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 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.
SECTION 14: All prior resolutions or parts of resolutions
in conflict herewith be and the same are repealed.
-4- Res. 86-R-32
SECTION 15: This Resolution shall take effect
immediately upon its adoption as provided by law.
This Resolution was read and passed by a majority vote
of the City Council of the City of Edgewater, Florida, at
a regular meeting of said Council held on the 21st
day of July , 198 6 , and authenticated as provided
by law.
ROLL CALL VOTE AS FOLLOWS:
CO uaaQfl U"_ 6 S
COUNCILMAN N0E TWO
COU*N IL N -L ONE THREE
.fRrrm -:BU
�%INCILNAN - ZONE FOUR
CITY CLERK
Authenticated this 21st
day of July
198 6
MA OR
Appr ved
/ NEY
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