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Res 51-08RESOLUTION NO. 51-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR THE OSCEOLA PARK NEIGHBORHOOD AS SHOWN ON EXHIBIT "A", AND DIRECTING THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR THE PUBLIC IMPROVEMENTS TO THE OSCEOLA PARK NEIGHBORHOOD; PROVIDING FOR THE ESTIMATED COST OF THE IMPROVEMENTS; PROVIDING FOR THE PREPARATION OF THE ASSESSMENT ROLL. WHEREAS, the City Commission of the City of Delray Beach is authorized to impose special assessments pursuant to Article 8.4 of the City of Delray Beach Land Development Regulations and Chapter 170 of the Florida Statutes; and WHEREAS, the City Commission finds that there is a need for the improvements in the Osceola Park neighborhood; and WHEREAS, the special assessment district will encompass the area as shown on Exhibit "A" • and WHEREAS, the area in which the improvements will be performed shall be known as the Osceola Park Special Assessment District ("Assessment District"); and WHEREAS, the proposed improvements include water main upgrades by the City; the installation of roundabouts and other traffic calming measures, the paving and repairing of alleys, the construction of sidewalks and parking, the installation of general landscaping around entrance features and roundabouts as shown on Exhibit "A" and on file in the City Clerk's Office; and WHEREAS, the water main upgrades, street resurfacing and drainage improvements, as shown on Exhibit "A", shall be paid by the City in addition to its share of the Neighborhood Improvements; and WHEREAS, the City and CRA shall each pay 1/3 of the cost of the Neighborhood Improvements and the property owners shall be specially assessed for their 1/3 portion; and WHEREAS, the estimated total cost to be assessed to the property owners shall not exceed the amount of $883,333.00; and WHEREAS, the City Commission directs City staff to place on file in the City Clerk's Office specifications and cost estimates for the improvements; and WHEREAS, the property owners may pay the special assessment in one lump sum no later than 60 days following final consideration of the special assessment after construction is completed or the property owners may pay the assessment in ten (10) annual installments at an interest rate of 8%; and WHEREAS, the lands upon which the special assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon the road improvements or specifically benefited thereby and further designated by the map attached hereto as Exhibit "A"; and WHEREAS, the City Manager shall prepare and present to the Commission an assessment roll showing the lots and lands to be assessed and the amount of the assessment as to each. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby declares a need for the public improvements within the special assessment district in conformance with the above recitals and for the imposition of a special assessment in conformance with this resolution. Section 2. That this resolution shall take effect immedia ely upon passage. PASSED AND ADOPTED in regular session on this the day of t~, 2008. ` ~ ~~~ ~~ MAYOR ATTEST: ~~_ City Clerk Res No. 51-08 -2- MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: October 1, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF OCTOBER 7 2008 RESOLUTION NO. 51-08/OSCEOLA PARK ITEM BEFORE COMMISSION The attached Resolution of Necessity, if approved, will authorize City staff to prepare the assessment roll, mail notices and advertise a public hearing for the Osceola Park Special Assessment District. This special assessment district is formed in order to charge part of the cost of the neighborhood beautification, between SE 2nd Street to SE 10th Street and SE 5th Avenue to Swinton AvenuelFEC Railroad, to the adjacent property owners based on the square footage of their property. BACKGROUND The estimated cost of the assessable beautification elements is $2.65 million. The City, CRA and property owners will each contribute 1/3 or approximately $883,333.00 each. The beautification plan includes traffic calming measures (speed humps, bulb outs, roundabouts, street narrowing), sidewalks, alleys, parking and swales. In addition to its 1/3 share of the beautification improvements the City will provide for water main upgrades, drainage improvements, and street resurfacing at cost of $2,057,000, which is not part of the special assessment. FUNDING SOURCE 334-3162-514-65-85 RECOMMENDATION Staff recommends approval. RESOI:U'TYOlY NO.51-t1$ A RESOLUTION (OF THE CITY- COMMISSION OF THE- CITY OF DELR.AY BEACH, FLORIDA, :DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR -THE OSCEOLA PARK NEIGHBORHOOD A,S SHOWN ON EXHIBIT "A", AND DIRECTING THE ESTABLISHM;EN'T OF A: SPECIAL. ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR THE PUBLIC. IMPROVEMENTS TO THE OSC.EOLA PARK NEIGHBORHOOD; PROVIDING FOR THE ESTIMATED COST' OF THE IMPROVEMENTS; PROVIDING .FOR 7'HE PREPARATION OF THE ASSESSMENT ROLL.. WHEREAS, the City Commission of the City of Delray Beach is 'authorized to impose spedal assessments pursuant to Article 8.4 of the City of Delray ;Beach Land Development Regulations avid Chapter 1'70 of tkae Florida. Statutes; and WHEREAS, the City Commission .finals that. there is a need for the improvements in the Osceola Park. neighborhood; and WHEREAS, the special assessment district will encompass t};e area as shown on Exhibit "A"; anal 'WHEREAS,. the .area in which the improvements will be performed shall be known as the Osceola Park. Special Assessment District ("Assessment District"); and WHEREAS, the. proposed improvements include .water :main upgrades by-the -City; the installation of roundabouts and other traffic calming measures, the. paying and. repairing of alleys, the construction of sidewalks and parking; the installation of general landscaping around entrance features and roundabouts-as shown on Exhibit "A" and on fie in. the City Clerk's Office; and WHEREAS, the water main upgrades, street resurfacing and drainage improvements, as shown on Exhibit "A"; shall be paid by the City in addition to its share of the Neighborhood Impprovements; and WHEREAS, the City and CRA shall each pay I/3'ofthe cost°ofthe Neighborhood.. Improvements and the property owners shall be specially assessed for their 1/3 -portion; and WHEREAS, the estimated fatal cost. to be assessed to 'the property owners shall. not exceed the amount of $883,33.3.00; and WHEREAS, the City Commission directs City-staff to place on file in tlie. City Clerk's Office specifications and cost estimates for the improvements; and. WFIEREAS, the property owners may pay the special assessment in o'ne lump sum no later, than 60 days following final consideration of the special assessment after construction is completed or the property owners may pay the assessment in ten. (l0) annual' installments at az~ interest rate. of 8%; aril WHEREAS, the lands upon which `the. special assessment shall be levied are all lots and lands adjoining and contiguous or bounding. and abutting upon the road improvements or specifically benefited. thereby and farther designated by the :map attached hereto as,Exhibit "A", and WI~EREAS, the' City 'Manage'r shall prepare and present to the: Comnussion an assessment. roll showing the lots and lands to be 'assessed anal. the amount of the assessment as to each.. .NOW, TIiE~t.EFORE, BE IT RESOLVED BY THE CITY G©MMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS .FOLLOWS: Section 1, That the City Cornmssian hereby declares a need for the public improvements within the special. assessment district. in conformance with, the ,above recitals and for the imposition of a special. assessment, in conformance with. this resolution.. :Section 2. That this resolution shall take effect immediately upon passage.. PASSED AND ADOPTED in regular session on this the _ -day of , 2008. MAYOR ATTEST: City Clerk # ._. t, rs..~w ey..r _ , wtww< k1 ~"' ^„<' Y~ Ptoniaae+J lSpeedDHump ~(( ~~ ~ . ~ ~ f ~ ~ }! ~ I '~~ r :~ - ~ j ~ F i i h- •* 1 ~~ 1 ~ _ ~ ~ 7taP.3c Gaimmg Qevie t~} ~ ~_~ - 1 gfflPfJBq~~Ulli DUi. ~~ ~ ~ c'- Traffk~CaalmitFg ipe~Jc~ ~:,- fir, SMeotharron:ing S i 4 + ~ ~ 1 E'H _..Yr . ~ ~~ s , ~ , ; ,, ~ 1 ~ 7ra£!ii ~Galmmy tlevice: ~--3 y~~;;:~ Proposxtd i7a'uhdFih4tsi~ t1 ~ ro sc- Slrlew. ~ ~ i~ ~r Y. _ PiaPoxsi:Alleyrs } ~ ~ .,~.; < ~r~ ~ #~~~ ~ ~ - ' i=" ~ - Prepared Parkins ..~ r ~r.~ I ~~ ~ ~. ,-z ~ i '+ F~..t. .' ~ ~ - -'i'roposi:d S~nales i ~n• '~ t !- ~~ ~ W. Pti>~iosedWnierMair, _ `~ ~ ~ ~. ~ .. _ ~ . _ s ,.~ ~ w ,~~ ~ ~ , ~~ - ~ ,~ ~ ~ Y' i ~ 1 rte..-'xw~Air iar~~ - 7. '" _ .~..r+.vsr~ '~ ~' Ja r "~ ' i M ~~ f `~°~ . ~.. i, a .~ ,, • + i ~ `~" ~. ~, tV <~ i ~. '. ~~ 1. .. .. u,m' r( WA o • + ~ -- o ' - ..... ~-~ a i a ~' ; Q ~ ~~ ,. ~'.1- se,^< s 7 a I ._ . u .Y.. O d <° CITY of C7ELRAY BEACiI"i OSC~OLA PARK oA~:~,3ar:ooe ~ ENVIfiONMEWTAL9EfiVICESDEPAF?TMENT NEIGB:ORMJOD IMPROVEMENT zoo<-oos anaartHm~rtonAVe~,oFtg~Ye~C~ctogbnaxts PCO~CCt ~/', 2001--003 1 p'` 1 f;; ~ >,* ti .~~ ,A Q et CITY OF DELRAY BEACH, FLORIDA ADOPTION OF RESOLUTION OF NECESSITY RESOLUTION N0.51.08 A RESOLUTION OF 7HE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR THE OSCEOLA PARK NEIGHBORHOOD AS SHOWN ON EXHIBIT'A', AND DIRECTING THE ESTABLISHMENT OF A SPEOIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR THE PUBLIC IMPROVEMENTS TO THE OSCEOLA PARK NEIGHBORHOOD; PROVIDING FOR THE ESTIMATED COST OF THE IMPROVEMENTS: PROVIDING FOR THE PREPARATION OF THE ASSESSMENT ROLL. WHEREAS, the Cily Commission of the City of Delray Beach Is authorized to impose special assessments pursuant to Article 8.4 of the Cily of Delray Beach Land Development Regulations and Chapter 170 of the Florida Statutes; and WHEREAS, the City Commission finds that there is a need for the improvements in the Osceola Park neighborhood; and WHEREAS, the special assessment district will encompass the area as shown on Exhibit "A";and WHEREAS, the area in which the improvements will be performed shall be known as the Osceola Park Special Assessment District ('Assessment District'); and WHEREAS, the proposed Improvements include water main upgrades by the Cily; the installation pt roundabouts and other iraKic calming measures, the paving and repairing of alleys, the construction of sidewalks and parking, the installation of general landscaping around entrance features and roundabouts as shown on Exhibit "A' and on file in the City Clerk's OKCe; and WHEREAS, the water main upgrades, sheet resurfacing and drainage improvements, as shown on Exhibit °A", shall be paid by the City in addition to its share of the Neighborhood Improvements; and WHEREAS, the City and CRA shall each pay 113 of the cost of the Neighborhood Improvements and the property owners shall be specially assessed for their 1!3 portion; and WHEREAS, the estimated total cost to be assessed to the property owners shall not exceed the amount of $883,333.00; and WHEREAS, the Ciry Commission directs City staff to place on file in the City Clerk's Office specifications and cost estimates for Ne improvements; and WHEREAS, the property owners may pay the special assessment in one lump sum no later than 60 days following final consideration of the special assessment after construction is completed or the property owners may pay the assessment in ten (10) annual installments at an interest rate of 8%; and WHEREAS, the lands upon which the special assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon the road improvements or specifically benefited hhereby and further designated by the map attached hereto as Exhiblt'A";and WHEREAS, the Cily Manager shall prepare and present to the Commission an assessment roll showing the lots and lands to be assessed and the amount of the assessment as to each.' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEFRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby declares a need for the public improvements within the special assessment district in conformance with the above recitals and for the Imposition of a special assessment In conformance with Nis resolution. Section 2. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the _ day of , 2008. i Ili MAYOR ATTEST: Cheveile D Nubin City Clerk Aublished October 14 & 21, 2008 Boca Raton News c c ~. ~~ ~