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Res 46-99 RESOLUTION NO. 46-99 ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR THE SEACREST/DEL-IDA NEIGHBORHOODS AS SHOWN ON EXHIBIT "A", AND DIRECTING THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR PUBLIC IMPROVEMENTS TO THE SEACREST/DEL-IDA NEIGHBOR- HOODS; 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 improvement in the Seacrest/DeMda neighborhoods; 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 SeacrestiDel-Ida Special Assessment District ("Assessment District"); and WHEREAS, the owners of property within the Assessment District requested the City perform these improvements; and WHEREAS, the proposed improvements include water main upgrades by the City (see Exhibit "B"); the purchase of land and construction of parking lots by the Community Redevelopment Agency ("CRA"); the installation of sidewalks with driveway aprons on certain streets, the installation of roundabouts in certain areas, the installation of landscaping medians on certain streets, the installation of general landscaping, the re-grading of swales in certain areas and other related ancillary improvements (referred to as Neighborhood Improvements and shown on Exhibit "C") as generally in accordance with the Seacrest/Del-Ida Park Neighborhood Plan adopted by the City Commission on March 3, 1998 and on file in the City Clerk's Office; and WHEREAS, the water main upgrades, as shown on Exhibit "B", which are required at this time to minimize the disruption of the right-of-way, shall be paid by the City in addition to its share of the Neighborhood improvements as provided by Exhibit "C"; and WHEREAS, the cost of the purchase of land and the construction of parking lots on the land is a cost that shall be paid by the CRA; and WHEREAS, the total cost of the water main upgrades and the Neighborhood improvements are estimated not to exceed that amount as provided on Exhibit "D"; 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 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 immediately upon passage. PASSED AND ADOPTED in regular session on this the 1999. day of ATTEST: MAYOR City Clerk [ITY OF DELRI1Y BEflrH CITY ATTORNEY'S OFFICE DELRAY BEACH ]~l~l~ DATE: 1993 TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 July 12, 1999 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Seacrest/Del-Ida Special Assessment District- Resolution of Necessity The attached resolution, if approved, will authorize City staff to prepare the assessment roll, mail notices, and advertise a public hearing for the Seacrest/Del-Ida Special Assessment District. The total projected cost of the improvements to be assessed is $1,543,900.50 The property owners will be responsible for one half of this cost. The City shall also pay one half of the cost. The Seacrest/Del-Ida Neighborhood Plan called for the cost of the improvements to be divided by thirds between the City, CRA and the property owners. The CRA will not be responsible for a third of the special assessment cost as they will be providing their share of the costs under the Neighborhood Plan in the purchase of land and construction of parking lots in the Assessment District. The purchase of the land and construction of the parking lots was not included in the special assessment cost. The City Commission must approve the resolution of necessity in order for City staff to prepare the assessment roll. The City will publish the resolution for two consecutive weeks after adoption by the Commission. If you have any questions concerning this matter, please call. Attachment CC: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Randal Krejcarek, City Engineer