Res 13-09RESOLUTION N0.13-09
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE
PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR
THE SW 8TH AVENUE SPECIAL ASSESSMENT DISTRICT; PROVIDING
FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE
PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the June 4, 2007 meeting, the City Commission declared a necessity for
the road construction of that portion of SW 8`" Avenue between SW 10`h Street and SW 11`h
Street through the adoption of Resolution No. 35-07; and
WHEREAS, at a public hearing held on August 21, 2007, the City Commission certified
and adopted the preliminary assessment roll showing the property to be assessed and the amount
of the assessments for the SW 8`h Avenue Special Assessment District; and
WHEREAS, the road construction improvements within the SW 8`h Avenue Special
Assessment District has been completed and a final accounting of the costs has been made; and
WHEREAS, pursuant to the requirements of state law and the City's Land Development
Regulations a final assessment roll has been prepared showing the property to be assessed and
the amount of the assessments; and
WHEREAS, the City Commission must provide notice of the final assessments and hold
a public hearing prior to the final certification and adoption of the final assessment roll.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a public hearing shall be held on May 5, 2009, at 7:00 p.m. at the
Delray Beach City Hall Commission Chambers, 100 N.W. 1st Avenue, Dekay Beach, Florida
33444. At the public hearing, owners of the property to be assessed or any other persons
interested therein may appear before said governing authority and be heard as to the propriety
and advisability of adopting such final assessment roll.
Section 2. That the City Clerk shall mail notice of the public hearing to each property
owner listed in the final assessment roll.
Section 3. That the City Clerk shall publish notice of the public hearing in a
newspaper of general circulation within the county.
Res. No. 13-09
Section 4. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session o ~ the 17th y of 2009.
~~~~
MAYOR
ATTEST:
~~
City Clerk
Res. No. 13-09
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, Assistant City Attorney
THROUGH: City Attorney
DATE: March 12, 2009
SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MARCH 17, 2009
RESOLUTION 13-09 (SETTING THE PUBLIC HEARING DATE FOR THE S.W. 8TH AVENUE
SPECIAL ASSESSMENT DISTRICTI
ITEM BEFORE COMMISSION
The attached resolution will set the public hearing date for consideration of the SW 8th Avenue Special
Assessment District final assessment roll.
BACKGROUND
In June of 2007, the City Commission declared a necessity for the improvement of SW 8th Avenue,
between SW 10th Street and SW 11th Street, by paving the road. The SW 8th Avenue Special
Assessment District was established through the adoption of Resolution 46-07 on August 21, 2007, in
order to defray a portion of the costs of the paving of SW 8th Avenue. The total estimated cost of the
street paving that the adjacent property owners would be responsible for was $49,200.00.
The paving of the street has been completed and a final accounting of the costs has been made. The
original estimated amount for road construction was $206,000.00. The actual cost of the road
construction came in at $99,013.77, a 52% reduction.
A letter was sent to the property owners, see attached, that stated "if the total actual construction costs
are less than the amount budgeted for this project, then your assessment amount would be reduced from
the amount stated above in proportion to the amount saved." On that basis, the City Attorney's office
would recommend that the amount the adjacent property owners are responsible for be reduced by 52%
from the $49,200.00 original amount to $23,647.95.
In accordance with the requirements of state law and the City's Land Development Regulations, a final
assessment roll has been prepared and will be considered for adoption at a public hearing scheduled for
May 5, 2009. The City Clerk will be mailing notices to the individual property owners regarding the
hearing date and the final assessment amount.
RECOMMENDATION
Staff recommends confirmation of the amount to be assessed and approval of the resolution.
RESOLUTION 13-09
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE
PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR
THE SW 8TH AVENUE SPECIAL ASSESSMENT DISTRICT; PROVIDING
FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE
PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the June 4, 2007 meetin~, the City Commission declared a necessity for
the road construction of that portion of SW 8t Avenue between SW lOt" Street and SW 11~'
Street through the adoption of Resolution No. 35-07; and
WHEREAS, at a public hearing held on August 21, 2007, the City Commission certified
and adopted the preliminary assessment roll showing the property to be assessed and the amount
of the assessments for the SW 8~' Avenue Special Assessment District; and
WHEREAS, the road construction improvements within the SW 8`" Avenue Special
Assessment District has been completed and a final accounting of the costs has been made; and
WHEREAS, pursuant to the requirements of state law and the City's Land Development
Regulations a final assessment roll has been prepared showing the property to.be assessed and
the amount of the assessments; and
WHEREAS, the City Commission must provide notice of the final assessments and hold
a public hearing prior to the final certification and adoption of the final assessment roll.
E
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a public hearing shall be held on May 5, 2009, at 7:00 p.m. at the
Delray Beach City Hall Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida
33444. At the public hearing, owners of the property to be assessed or any other persons
interested therein may appear before said governing authority and be heard as to the propriety
and advisability ,of adopting such final assessment roll.
Section 2. That the City Clerk shall mail notice of the public hearing;to each property
owner listed in the final assessment roll.
Section 3. That the City Clerk shall publish notice of the public hearing in a
newspaper of general circulation within the county.
Section 4. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on this the 17t" day of March, 2009.
Res. No. 13-09
ATTEST:
City Clerk
Res. No. 13-09
.rely 13, 2007
RE: Adoption of Special Assessment for SW 8'" Avenue/Notice of Public Healing
PC#
Dear Sir/Madam:
This letter is to inform you that you are. invited to attend a Public Hearing to be held on August 21, 2007 at
7:00 p.m. at the Delray Beach City Hall, City Commission Chambers, 100 N.W. lst Avenue, Delray
Beach, Florida, .as to whether the preliminary assessment roll for the S.W. 8s` Avenue special assessment
district will be adopted.
Your property is included in the special assessment district. The special assessment district was established
to pay a portion of the cost for constructing a road in the SW 8's Avenue right of way from SW lOs' .Street
to'SW 1 ]~' Street. If the City Commission approves the preliminary assessment roll for'the district, you, as
the property owner,, will be responsible for payment of the assessment. The assessment may be paid in one
lump sum, or in ten (10) annual installments at 8% interest. The assessment is based upon the front footage
of your property as it abuts SW 8°i Avenue.
The total assessment for your property will not exceed $4,800:00. If you decide to pay the assessment in
10 annual installments the amount of each annual installment for your property will not exceed $662.35,
including interest. You will not be billed for this amount until the construction is completed. Construction
is expected to start around November 2007 and should be completed within six months. At}ar constructiotz
is completed and if the ta~tal..acbral con9ttuctiom rate ;area leas titan the. atnouriti budgeted for this project,
then.your assessment ~mount~vi~uuld"be reduced ficim.t~ts.t~at stated aliovt.in proportron W life an~unt
saved:
Plans showing the general location of the improvements as well as the type of the improvement are located
in the City .Clerks Office, City Hall, 100 N.W. 1st Avenue, Defray Beach, Florida, as well as in the
Engineering Dept., 434 S. Swinton Ave., Delray Beach, Florida, salt are available for your review. If you.
have any questions, you nray call the City Engineer, Randal Krejearek, at 561/243-7322.
Sincerely;
David T. Harden
City Manager
PLEASE $E ADVLSED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY
THE CTTY LbMMISSICON WITH RESPECT TO.ANY MATTER CONSIDERED AT THIS HEARING,
SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE
SUCH PERSON MAT' NEED TO INSURE THAT A VERBAT]IvI RECORD OF THE PROCEEDINGS
IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD, PURSUANT
TO F.S. 2$6:0105
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CITY OF DELRAY BEACH
PROVIDING FOR THE
ACCEPTANCE OF A
RESURVEY REPORT AND A
CHANGE OF HISTORIG
CLASSIFICATIONS WITHIN
THE NASSAU STREET
HISTORIC DISTRICT
Pursuant to Land Development Regulations (LDR) of the City of Delray Beach, Section
4,5.1(N) and Section 4.5.1(0), the Historic Preservation Board (HPB) and the City
Commission will consider the following ordinance:
ORDINANCE N0.13~09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF
NASSAU STREET NISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF
SIGNIFICANCE TO 1964 ANO RECLASSIFYING 5 PROPERTIES FROM
NONCONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE GATE. '
The Nassau Street Historic District was originally designated in 1988 vri0r a Period of
Significance spanning from 1935-1943. RJ Heisenbottle Architects, inc. resurveyed the
Nassau Street Historic District and recommends that the Period of Significance (PQS}
be extended Nrough 1964. The POS extension would reclassify 5 propedies from
non-contdbuting to contributing to the historic district designation.
The Historic Preservation Board (HPBj will hold a Public Hearing on WEDNESDAY.
MARCH 4.2009 AT 6:00 P.M. {or at any continuation of such meeting which is set by
the HPB) in the Commission Chamt>ars at City Ha11,100 NW 1st Avenue, Delray Beach,
Florida, for the purpose of receiving public comments with regard to the proposed
action. Upon completion of the Public Hearing, the Historic Preservation Board will take
the proposed action under advisement and will forward a recommendation to the City
Commission.
The City Commission will conduct two (2) Public Hearings for the purpose of aceepting
public testimony regarding the proposed ordinance. The Orst Public Hearing will be held
on TUESDAY. MARCH 17. 2009 AT 7:00 P.M, in the Commission Chambers at City
Ha11,100 N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is passed
on first reading, a second Public Hearing will be held on TUESDAY. APRIL 7.2009 AT
7:00 P.M. (or at any continuation of such meeting which is set by the Commission) in the
Commission Chambers ai City Ha11,100 N.W. 1st Avenue, Delray Beach, Florida.
If you would like turttter information with regard to how this proposed action may aliect
your property, please contact Amy Alvarez, Planning and Zoning Department, City Hall,
100 NW 1st Avenue, Delray Beach, Florida 33444, via e-mail at alvarez@ci.delray-
beach,fi.us, orphone at 561.243.7284, between the hours of 8:00 A.M. and 5:00 P.M. on
vreekdays (excluding holidays).
All interested parties are invited to attend the public hearing and comment upon the
proposed action or submit their comments in writing on or before the date of the hearing
to the Planning and Zoning Department, PLEASE BE ADVISED THAT IF A PERSON
DECIDES TO APPEAL ANY DECISION MADE 8Y THE HISTORIC PRESERVATION
BOARD OR THE G1TY COMMISSION WITH RESPECT TO ANY MATTER CONSID-
ERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR TWIS PURPOSE SUCH PERSON MAY NEED TO
ENSURE THAT A VERBATIM RECORD Of THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD
PURSUANT TO F.S. 266.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Delray BeachlBoca Raton News
February 22, 2009
March 10, 2009
April 2, 2009
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