Res 12-09RESOLUTION N0.12-09
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC
IMPROVEMENTS FOR THE DOUGLAS AVENUE AREA AS SHOWN ON
EXHIBIT "A", AND DIRECTING THE ESTABLISHMENT OF A SPECIAL
ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR
THE CONSTRUCTION OF A ROAD; 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 paving of the Douglas
Avenue right-of--way (improvements); 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
Douglas Avenue Special Assessment District ("Assessment District"); and
WHEREAS, the proposed improvements include the paving of the Douglas Avenue road
right-of--way; and
WHEREAS, the estimated total cost to be assessed to the property owners shall not
exceed the amount of $90,277.99; 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
Res. No. 12-09
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 imme-d-ia~te'l"y upon passage.
PASSED AND ADOPTED in regular session on this the ~ day of ~_, 2009.
MAYOR
ATTEST:
~. ~~
City Clerk
Res. No. 12-09
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, Assistant City Attorney
THROUGH: Susan A. Ruby, City Attorney
DATE: March 19, 2009
SUBJECT: AGENDA ITEM 9 C -REGULAR COMMISSION MEETING OF APRIL 7, 2009
RESOLUTION NO 12-09 (RESOLUTION OF NECESSITY DOUGLAS AVENUE SPECIAL
ASSESSMENT DISTRICTI
ITEM BEFORE COMMISSION
Approval of Resolution No. 12-09.
BACKGROUND
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 Douglas Avenue Special Assessment
District. This special assessment district is formed in order to charge the cost of the paving of Douglas
Avenue to the adjacent property owners on a front footage basis. The total cost to the adjacent property
owners shall not exceed $90,277.99. The property owner cost shall not exceed $111.73 per front foot
and a chart has been attached providing for the assessment cost of each property owner. A City owned
lot is also included in the special assessment district as it is adjacent to Douglas Avenue. While this
project has been planned for some time, City staff, within the last week, met and revised the estimated
cost of construction downward based on road construction costs for S.W. 8~' Avenue, another special
assessment district that was recently completed.
The Commission must approve the resolution of necessity in order for City staff to prepare the
assessment roll. The City Clerk will publish the resolution for two consecutive weeks after adoption by
the Commission.
RECOMMENDATION
Staff recommends approval.
RESOLUTION N0.12-09
A RESOLUTION OF THE CITY COMMISSIbN OF THE CITY OF
DELRAY BEACH, FLORIDA, DECLARING THE. NECESSITY FOR
PUBLIC IlVIPROVEMENTS FOR THE DOUGLAS AVENUE AREA AS
SHOWN ON EXHIBIT "A", AND DIRECTING THE
ESTABLISFTMENT OF A SPECIAL ASSESSMENT DISTRICT TO
DEFRAY A PART OF THE EXPENSE FOR THE CONSTRUCTION
OF A ROAD; PROVIDING FOR THE ESTIMATED COST OF THE
IlVIPROVEMENTS; 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 paving of the
Douglas Avenue right-of--way (improvements); 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 Douglas Avenue Special Assessment District ("Assessment District"); and
WHEREAS, the proposed improvements include the paving of the Douglas
Avenue road right-of-way; and
WHEREAS, the estimated total cost to be assessed to the property owners shall
not exceed the amount of $90,277.99; 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
WI~REAS, 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 assesscd and the amount of the
assessment as to each.
NOW, THEREFORE, BE TT RESOLVED BY THE CITY GOMMISSIQN OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
action 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.
tion 2. That this resolution shall take effect immediately upon passage.
2009.
PASSED AND ADOPTED in regular
ATTEST:
City Clerk
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