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Res 39-03RESOLUTION NO. 39-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CLARIFICATION OF RESOLUTION 49-00, (PRELIMINARY ASSESSMENT ROLL FOR THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT) CLARIFYING THAT RESOLUTION 49-00 DOES NOT PLACE A LIEN ON THE PROPERTY LISTED IN THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT, BUT IS ONLY NOTICE OF AN AMOUNT THAT MAY BE CHARGED TO THE PROPERTY ONCE THE FINAL ASSESSMENT ROLL IS ADOPTED; PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 25, 2000, the City Commission passed Resolution 49-00 adopting the Preliminary Assessment Roll for the Pineapple Grove Way Special Assessment District ("District"); and WHEREAS, Resolution 49-00 does not place a lien on the properties of the special assessment district, it only puts the property owner and subsequent purchasers on notice that upon completion of the construction and the adoption of a final assessment roll the property owner will be I~flled for an amount equal to or less than the amount provided in Resolution 49-00; and WHEREAS, no property listed in Resolution in 49-00, which properties are hsted on Exhibit "A", attached hereto, is currently responsible for any payment to the City and NO FUNDS ARE DUE to the City until such time as the City adopts a Final Assessment Roll for the Pineapple Grove Way Special Assessment District. 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 Cxty of Delray Beach, Florida, hereby provides that Resolution 49-00 is for notice purposes only and does not place a lien on the properties listed on Exhibit "A", attached hereto, and that NO FUNDS ARE DUE to the City until such time as completion of the construction and the adoption of the Final Assessment Roll. Section 2. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on the / 7 City Clerk day of~t.~ ,2003. [lTV OF DELRI:I¥ BEI:IEH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: June 6, 2003 MEMORANDUM writer's Direct Line: 561/243-7091 TO: FROM: City Commission Brian Shutt, Assistant CitY Attorney SUBJECT: Clarification Resolution for Pineapple Grove Way Special Assessment District The City Commission approved the preliminary assessment roll for the Pineapple Grove Way special assessment district on July 25, 2000. The attached resolution clarifies that no funds are due from the adoption of the preliminary assessment roll, but, shall only become due once the City adopts the final assessment roll. By copy of this memo to David Harden, our office is requesting that this item be placed on the June 17, 2003 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk RESOLUTION NO. 39-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CLARIFICATION OF RESOLUTION 49-00, (PRELIMINARY ASSESSMENT ROLL FOR THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT) CLARIFYING THAT RESOLUTION 49-00 DOES NOT PLACE A LIEN ON THE PROPERTY LISTED IN THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT, BUT IS ONLY NOTICE OF AN AMOUNT THAT MAY BE CHARGED TO THE PROPERTY ONCE THE FINAL ASSESSMENT ROLL IS ADOPTED; PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 25, 2000, the City Commission passed Resolution 49-00 adopting the Preliminary Assessment Roll for the Pineapple Grove Way Special Assessment District ("District"); and WHEREAS, Resolution 49-00 does not place a lien on the properties of the special assessment district, it only puts the property owner and subsequent purchasers on notice that upon completion of the construction and the adoption of a final assessment roll the property owner will be billed for an amount equal to or less than the amount provided in Resolution 49- 00; and WHEREAS, no property listed in Resolution in 49-00, which properties are listed on Exhibit "A", attached hereto, is currently responsible for any payment to the City and NO FUNDS ARE DUE to the City tmtil such time as the City adopts a Final Assessment Roll for the Pineapple Grove Way Special Assessment District. 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, hereby provides that Resolution 49-00 is for notice purposes only and does not place a lien on the properties listed on Exhibit "A", attached hereto, and that NO FUNDS ARE DUE to the City until such time as completion of the construction and the adoption of the Final Assessment Roll. Section 2. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on the __ day of _,2003. Mayor ATTEST: City Clerk