Res 13-94 RESOLUTION NO. 13-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR
PUBLIC IMPROVEMENTS ON N.E. lST AVENUE BETWEEN N.E.
2ND STREET AND N.E. 3RD STREET; REQUIRING THE DESIGN
OF PLANS, SPECIFICATIONS AND ESTIMATES OF COSTS FOR
THE IMPROVEMENTS; ESTABLISHING A SPECIAL ASSESSMENT
DISTRICT KNOWN AS THE BANKER'S ROW ASSESSMENT
DISTRICT ("BRAD") TO INCLUDE THOSE PROPERTIES
LOCATED ON N.E. lST AVENUE BETWEEN N.E. 2ND STREET
AND N.E. 3RD STREET, DELRAY BEACH, FLORIDA;
PROVIDING FOR THE METHOD OF PAYMENT OF ASSESSMENTS;
PROVIDING FOR THE NUMBER OF ANNUAL INSTALLMENTS.
WHEREAS, the City Commission for 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
WHEREAS, the City Commission finds that there is a need for
public improvements along N.E. 1st Avenue between N.E. 2nd Street and
N.E. 3rd Street; and
WHEREAS, the public improvements include improved sidewalks
and associated landscaping; and
WHEREAS, the area in which improvements shall be known as the
Banker's Row Assessment District ("B.R.A.D."); and
WHEREAS, the residents of B.R.A.D., which includes the
residences along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd
Street, have petitioned the City Commission to impose a special assess-
ment in order to pay 25% of the proposed public improvements which are
part of the Banker's Row Neighborhood Plan; and
WHEREAS, the estimates cost for the improvements is listed on
Exhibit "A" which is attached hereto and incorporated herein; and
WHEREAS, the Commission directs City staff and the Community
Redevelopment Agency place on file in the City Manager's Office, the
plans, specifications, and estimates of the cost of those improvements;
and
WHEREAS, pursuant to the Tri-Partite Agreement entered into by
the Banker's Row Homeowners Association ("B.R.H.A."), the City of Delray
Beach Community Redevelopment Agency and the City of Delray Beach,
B.R.H.A. agreed to pay 25% of the construction of the improvements, not
to exceed a total of $32,500; and
WHEREAS, the property owners, subject to this special assess-
ment, shall each pay nine (9) annual assessments in the amount of
$106.21; and
WHEREAS, after completion of the improvements, the City
Manager shall prepare and present to the Commission a report of cost of
the improvement and an assessment roll showing the lots and lands
assessed and the amount of the assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby declares a need for
public improvements along Banker's Row in conformance with the above-
stated recitations and for the imposition of a special assessment in
conformance with this resolution.
Section 2. This resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED in regular sess~o_Ik_on' the 22nd day of
February , 1994. ~/~~~
ATTEST:
City Cler~k ''- ~ ' ~
Res. No. 13-94
EXHIBIT "A"
BANKERS ROW STREET IMPROVEMENTS
CONSTRUCTION & ENGINEERING COST ESTIMATE
1. Decorative Paving - Sidewalks $23,900
2. Concrete Sidewalk $ 1,000
3. Landscaping $ 8,500
4. Irrigation (includes sleeves under
pavement) $ 4,600
5. Historic Signage $ 5,000
TOTAL $43,000
CITY DF BELl:II:IV BER£H
(407) 243-7090
MEMORANDUM
Date: February 17, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorne~ ~S.~ 13-q~
Subject: Resolution of Necessity - Sidewalks and Landscaping
Banker's Row Assessment District
This resolution of necessity is required to be passed by the
Commission in order to specially assess the properties along
N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Avenue for
sidewalk and landscaping improvements. Previously, the City
Commission approved the Tri-Partite Agreement between the City,
CRA and the Banker's Row Homeowner's Association. The City
agreed to prepare the assessment roll and to assess the
properties along Banker's nine annual assessments of $212.42.
Passage of this resolution is recommended and will authorize
the Clerk's office to prepare the assessment roll once the
project is completed. Please call if you have any questions.
DNT:sh
Attachment
cc.. ~-~r~" __~'.,~t~Menager
City Clerk's Office
b~kers4. ~t
** FINAL AGREEMENT FOR TAX ASSESSMENT **
We, the property owners of Banker's Row, located on Northeast First
Avenue and bounded by Northeast Second Street and Northeast Third
Street, by and through the majority of signatures appearing below,
hereby agree to incur a'previousl¥ approved tax assessment in order
to pay 25% (twenty-five percent) of the proposed public
improvements which are part of the Banker's Row Neighborhood Plan
"Banker's Row Obligation."
It is understood that the Banker's Row Obligation creates a
liability for the property owners of Banker's Row to the Community
Redevelopment Agency ("CRA") in an amount not to exceed $32,500
(thirty-two thousand and five hundred dollars). The figure
$32,500 is to be divided amongst the 17 (seventeen) property
owners in Banker's Row, paid out over a period of 9 (nine) years.
Consequently, the requisite contribution from each property owner
to pay back the debt to the CRA shall be in the amount of S212.42
(two hundred twelve and 42/100 dollars) annually. The quidelines
for exact handling of these monies between the Co~unity
Redevelopment Agency and the City of Delray Beach were outlined in
the previous Statement of Intent and Majority Approval (attached
hereto) and will stand as agreed upon unless otherwise stated
herein.
By signing this Final Agreement for Tax Assessment, I am agreeing
to pay an annual assessment of S212.42 and further, I agree to pay
this amount to the City of Delray Beach Taxing Authority so that
this agreement may be rightfully enforced.
Siqnature Address Date
** FINAL A~REEMENT FOR TAX ASSESSMENT **
We, the property owners of Banker's Row, located on Northeast First
Avenue and bounded by Northeast Second Street and Northeast Third
Street, by and through the majority of signatures appearing below,
hereby agree to incur a previously approved tax assessment in order
to pay 25% (twenty-five percent) of the proposed public
improvements which are part of the Banker's Row Neighborhood Plan
"Banker's R2ow Obligation."
It is understood that the Banker's Row Obligation creates a
liability for the property owners of Banker's Row to the Community
Redevelopment Agency ("CRA") in an amount not to exceed $32,500
(thirty-two thousand and five hundred dollars). The figure of
$32,500 is to be divided amongst the 17 (seventeen) property
owners in Bankerts Row, paid out over a period of 9 (nine) years.
Consequently, the requisite contribution from each property owner
to pay back the debt to the CRA shall be in the amount of $212.42
(two hundred twelve and 42/100 dollars) annually. The guidelines
for exact handling of these monies between the Community
Redevelopment Agency and the City of Delray Beach were outlined in
the previous Statement of Intent and Majority Approval (attached
hereto) and will stand as agreed upon unless otherwise stated
herein.
By signing this Final Agreement for Tax Assessment, I am agreeing
to pay an annual assessment of $212.42 and further, I agree to pay
this amount to the City of Delray Beach Taxing Authority so that
this agreement may be rightfully enforced.
,,,,... ,.,./
4.
$o
?.
** FINAL AGREEMENT FOR TAX ASSESSMENT **
We, the property owners of Banker's Row, located on Northeast First
Avenue and bounded by Northeast Second Street and Northeast Third
Street, by and through the majority of signatures appearing below,
hereby agree to incur a previously approved tax assessment in order
to pay 25% (twenty-five percent) of the proposed public
improvements which are part of the Banker's Row Neighborhood Plan
"Banker's Row Obligation."
It is understood that the Banker's Row Obligation creates a
liability for the property owners of Banker's Row to the Community
Redevelopment Agency ("CRA") in an amount not to exceed S32,500
(thirty-two thousand and five hundred dollars). The figure of
$$2,500 is to be divided amongst the 17 (seventeen) property
owners in Banker's Row, paid out over a period of 9 (nine) years.
Consequently, the requisite contribution from each property owner
to pay back the debt to the CRA shall be in the amount of S212.42
(two hundred twelve 'and 42/100 dollars) annually. The guidelines
for exact handling of these monies between the Cor, munity
Redevelopment Agency and the City of Delray Beach were outlined in
the previous Statement of Intent and Majority Approval (attached
hereto) and will stand as agreed upon unless otherwise stated
herein.
By signing this Final Agreement for Tax Assessment, I am agreeing
to pay an annual assessment of $212.42 and further, I agree to pay
this amount to the City of Delray Beach Taxing Authority so that
this agreement may be rightfully enforced.
siqna re l/ Address / Oate
$o
?o
$o
** FINAL AGREEMEN? FOR TAX ASSESSMEN? **
We, the property owners of Banker's Row, located on Northeast First
Avenue and bounded by Northeast Second Street and Northeast Third
Street, by and through the n~ority of signatures appearing below,
hereby agree to incur a previously approved tax assessment in order
to pay 25% (twenty-five percent) of the proposed public
improvements which are part of the Banker's Row Neighborhood Plan
"Banker's R2ow Obligation."
It is understood that the Banker's Row Obligation creates a
liability for the property owners of Banker's Row to the Conuunity
Redevelopment Agency ("CRA") in an amount not to exceed $32,500
(thirty-two thousand and five hundred dollars). The figure of
$32,500 is to be divided amongst the 17 (seventeen) property
owners in Banker's Row, paid out over a period of 9 (nine) years.
Consequently, the requisite contribution from each property owner
to pay back the debt to the CRA shall be in the amount of $2 2.42
(two hundred twelve and 42/100 dollars) annually. The guidelines
for exact handling of these monies between the Connunity
Redevelopment Agency and the CitF of Delray Beach were outlined in
the~previous Statement of Intent and Ha~ority Approval (attached
hereto) and will stand as agreed upon unless otherwise stated
herein.
By signing this Final Agreement for Tax Assessment, I am agreeing
to pay an annual assessment of $2~2.42 and further, I agree to pay
this amount to the City of Delray Beach Taxing Authority so that
this agreement My be rightfully enforced.
Sianature Address Oate
3.
4.
5.
$.
7.
9.
II ~ II'~
~ I I I
~BOCA ~TON~DEL~Y 'BOYNTON B~CH~DEEEFIgLD BEACH WHER~ ~ ~m~
Boca
~-'---~m~on, Palm Beach ~- '~oun~y, Florida ~ c~ ~-- c~ ,. ~ ~, ,. ~
De~ay Beth, Palm Beach County, ~lorida ~ ,~ ~ c~ ~ ~ ~ c.~,
00~ O~ ~ 2~AO~ ~ c~ cm. ~ c~ ~ ~ ~ ~ ~ ~,~ ~
Before the undersigned a~thority personally ~,~ ~,m,i~. C~'
appe~ed ~cheHe Bernzwe , Marko ~ ,~. ~ ow ~ ~ ~ . ~
Set. cos ~anage~ of ~e News, daUy news- ~,~' ~ *"' ~' ~ ~ ~ ~
papers published ~ Boca Raton in P~ ~. ~. ~ ~uc ~
Beach County, Eorlda; that the at~ched .u, ~. ~- ~ "'" ~.~ ,. ,.,
~D N,E. 3RD ~REET; RE~I~ SI~ ~ THE CI~ OF
copy of advertisement was pub~shed in said ~,~,a,,~ '~ ~ ~"~ '~,~m~ s~c...
newspapers ~ the issues of: EST~LI~I~ A SPKI~ ~ by ~ I I ~ ~K
MENT DISTRI~ KW ~ THE m~Sh
N.E. 1~ AVENUE S~EN N.L
' ~ ~IOIK ~ TH~ ~ ~im~~,
Affiant further says that Tho News is a ~ ~ I~ AND N.E. ~0 STREET:
newspaper published in Boca Raton, ~ said ~ ,~ ~ ~s~.
iFI~TI~ AMD
Palm Beach County, Florida, Monday ~..~.~ ~s,A,L,.,N.
~ ~ ~ ~ A~ ~ MEN70IS~RI~ K~
through Sunday, and has been enteredas N.E. W ~. *' ~NKffi ~ ~
second class matter at the post office ~ --,~ ~ ~~ *~ ~
Boca Raton, P~m Beach County, Florida, ~~ b s,.~, ~v
for a period of one ye~ next preced~g the ~; OF~IDi~PAY~NT~
f~st pub~catlon of ghe at~ched copy of ~ ~ ~
he has neither paid nor promised any ,,~~
person, f~m or corporation any discount,
roba~, com~ssion o~ rofund for the p~-
poso of soo~g ghis advo~glsomong for puB- ~ ~ ~. ~ ~
Hcatlon in said newspaperS. N.E. ~ ~.
--.-..-"'--'---'-"----.
Sworn to and subscribed before me this ~.. ~ ~
-_ day of ~ , A.D., 19 ~--''''~',.~
~ER~ ~ ~