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Res 23-09RESOLUTION N0.23-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE PRELIMINARY ASSESSMENT ROLL FOR THE DOUGLAS AVENUE SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES GENERALLY ABUTTING DOUGLAS AVENUE, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE'rASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR~THE METHOD OF PAYMENT OF THE SPEC.~IA'L ASSESSMENT; PROVIDING AN EFFECTIVE DATE. ~``~.~~ 1 `'~ i ,% WHEREAS, on April 7, 2009, the Crty,,Commission adopted, ReJsolution 12-09 which declared the necessity for establishing~the~Dougla°s~'`Avenue Specral Assessment District ("District") in order to defray a porfion of~the„expen e fo }~•the'~onstruction of a road within the District; and ~, ~~ ~, ~~,\ f:~~ ,~, WHEREAS, on April 21, 2O09~the City Commission adopted Resolution 18-09 which set the date and time for the pubhc~hearing`at`~which`the City Commission would consider the approval of the District; and ~, ~ ; '` WHEREAS, the~C~it~y Clerk has advertised~ahe public hearing and mailed notices to the property owners to be mcluded~in the District; and t ~~~ ~~~ WHEREAS t e District~will;include all those properties listed on the assessment roll which is attached he`re`to as Exhibit "A", and as shown on the map attached hereto as Exhibit"B" and,~'~ ~'' ~ ,r.J ~r ~, ~~ '\ the'~total~ estimated cost of the road construction improvements is ~F ~. WHEREAS, $ ,~ , of which!, the property owners will pay $90,277.99 and the City will pay the remainder;,and property owner shall be assessed on a front footage basis; and WHEREAS, each property owner may pay their assessment in one lump sum no later than sixty (60) days following certification that construction is complete; and WHEREAS, each property owner may pay the assessment in ten (10) annual installments at an interest rate of eight percent (8%), as indicated on Exhibit "A"; and Res No. 23-09 WHEREAS, the owner of property within the District for which an assessment is levied shall thereafter by responsible for payment thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, following a duly noticed public hearing, does hereby adopt the above recitals as if fully set forth herein. Section 2. That the City Commission of the:: City.,of Delray Beach, Florida, hereby adopts and certifies the assessment roll for the Douglas Avenue Special Assessment District, as set forth in Exhibit "A" which is~~attached Hereto and incorporated herein. e ~ Section 3. That this resolution °'shall beconl~ ettecttie aiiunediately upon passage. PASSED AND ADOPTED in re~~ular session ~~n the day of , 2009. Mayor ~.~~. ~ la~Z~es~ 2 Res No. 23-09 DOUGLAS AVENUE SPECIAL ASSESSMENT DISTRICT PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the City Commission for the City of Delray Beach will hold a public hearing regarding the certification and adoption of the preliminary assessment roll for the Douglas Avenue Special Assessment District on: June 2, 2009 at 7:00 p.m. Delray Beach City Hall City Commission Chambers 100 N.W. 1st Avenue Delray Beach, Florida The Special Assessment District is being established to pay a portion of the cost for construction of a road in the Douglas Avenue right-of--way just off of Southridge Road. All persons interested are advised that the description of each property to be assessed and the amount to be assessed to each piece or parcel of property may be ascertained at the City Clerk's Office, City of Delray Beach, 100 N.W. ls` Avenue, Delray Beach, FL 33444. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS 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. 286.0105. CITY OF DELRAY BEACH CHEVELLE D. NUBIN, CMC CITY CLERK PUBLISH: May 21, 2009 May 28, 2009