Res 14-94 RESOLUTION NO. 14-94
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 street paving,
street-side parking, and street lighting; 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 Communityi
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 ssslo~on' the 22nd day of
February , 1994.
ATTEST:
City Cl~rk-'v /
2 Res. No. 14-94
EXHIBIT "A"
BANKERS ROW STREET IMPROVEMENTS
CONSTRUCTION & ENGINEERING COST ESTIMATE
1. Engineering, Surveying $ 7,500
2. Roadway Construction $ 63,000
3. Property Damage Allowance $ 20,000
4. Decorative Paving -
(4) Street Crossings $ 3,600
5. Decorative Street Lights $ 14,600
6. Drainage $ 40,000
TOTAL $148,700
£1T¥ OF DELRR¥ BER£H
(407) 243-7090
MEMORANDUM
Date: February 17, 1994
To: City Commission
From: DaVid N. Tolces, Assistant City Attorn~
Subject: Resolution of Necessity - Street Paving, Street-Side
Parking and Street Lighting/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
street paving, street-side parking an street lighting.
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: s h
Attachment ~qq
cc: David Harden, City Manager .~,.~] ~t,~~
City Clerk's Office ~""'_,,0.
WHEREAS, fie area in which
provements shell 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 reside~es along
· N.E. tot Avenue between N.E. 2nd
Street and NE. 3rd Street, have peri,
tioned the City Commission to imop~e
a speciai assessment in ~der to pay
2~ of the prop~ public improve-
monte which are part of the Banker's
O~~~ BEACH~ DEERFIBLD BEACH Row NeighborMed Plan; aM
WHEREAS, the estimated cost for toe
improvamonts is listed on Exhibit
t rated herein; and
BOCA
~T WHEREAS, the Commission directs
· City staff and the Community Redevei-
ngmont Agency to place on file in the
~l~ll~J~llll~ City Manager's Office, the plans, shac-
dDaily ificati ..... d estimates of the cOSt of
Publishe , HEARING will be held or, T~eeday, those improvements; and
~]'1.Q ~1 .~,- PedruarY ~ 1994, et 6:00 P.M., ;or at
_._on_a~ throu.~__ ~un~.a.. ,,, cmtlnuatldn of sacll meeting WHEREAS, pursuant to the
wNch ~s set bt/ the Commi-~ell), iff Tri-Partito Agreement entered into by
Boca Baton. Palm Beach County, Florida ~ c,~ c~m~,~ chem.., too ,he Bonkar', Row .omeowners A.~.
Delray Beach, Palm Beach County, l~lor~.a wh~b .me ,~ c,, c~m~.~ w,, a,~on {'B.R.,.A.'), ,he C,y of
coeside' ~ Resofetlats No. 134~1 Beach Community RedeveJopment
Agency and the City of Delroy Beach,
and No. 1444. Pri~' to considacafl~l B.R.H.A. agreed to pay 2S% of the con-
rne Cemmt~ will accegt testimalw, struction of the improvements, not to
rrm affacted ~roperty a~eers who
exceed a tofai of S32,Sg0; end
STATE OF FLORIDA may ~. ~i.um. to r~
i~. The prepared Relofu- WHEREAS, the praeerty owners, sub
COUNTY OF PALM BEACH .~, ma, be ldwecto~ at rm Oef~ of iect to this s~ciat sssessmont shall
toe City Clerk at rm city HeN, I~
N.W. lg Arenas, Defray Beach, kern
ir~ the amount of S212A2; and
Before the undersigned a ority personally ..~.En..,,,~.~..., WHEREAS. aft .... p,~,on of ,he
III1~!.1111~11~. ~$~4 improvements, the City Manager shall
prepare and present fo the commie-
appeared Michelle _ernzwe_o, -..ar..e..n~, A RE~U,,O. OF T.E C,T. CO~ s,on a r~ ~ ,ha cos, of ,he
Services Manager of The News, dailynews- M.SS,,. oF THE CITY OF OELRA¥ provement and an assessment roll
BEACH, FLORIDA, DECLARI#G showing the lots and lends Ossessed
papers published in. Boca Baton in Palm T.E NECESSITY FOR PUELIC I$ andthe ....toftheassessmonts.
PROVEME#TS OR #.E. 1ST AVE-
Beach County, Florida; that the attached ,uR .TWEE..,E. ~.D ST.ET ,ow, T.EREEORE, BE ,T .E.
AND #.E. 3RD STREET; REQUIR- SOLVED BY THE CiTY COMM~S-
SION OF THE CITY OF DELRAY
copy of advertisement was published in said ,,O T.E OES,G. OF P~ANS. S.EC- BEAC., ~LOR,DA, ASPOLLOWS:
,~,CAT,0,S ANO ESTATES O~
newspapers in the issues of: COSTS FOR T,E ,~,ROV~EN,S,
ESTABLiSHI#G A SPECIAL ASSE~S- lectJee t. The City Commission here-
MENT DISTRICT K#OWN AS THE hy declares a need for public improve.
BANKER'S ROW ASSESSMENT Ois- meats along Banker's Row in contorm-
THO~ PROPERTIES LOCATED ON and for fha impusition of a slx, ciaJ as-
[ .~LZJ L. ,( ~'~AJ H.E. 1ST AVENUE EEl%gEEN N.E. easement in conformance with this res-
- ' - . 2fid STREETAND N.E. 3RD oJution.
C~ STREET,' BEACH, leeUea 2. This resolution shall take
DA; PROVIDING ROR THE METH- effect immediately ugen passage.
OD OF PAYMENT OF ASSESS-
MENTS~PRO~IDtN6 FOR THE Rr~ I~
NUMBEROF. ANNUAL INSTALL-
MENTS. A RESOLUTION OF THE CITY COM-
, MISSION OF THE CITY OF DELRAY
WHEREAS, rne CIt~ Cmllmlesl~ f~r BEACH, FLORIDA, DECLARING~
Nm City of Defray BeacN i~ al~l'l~THE NECESSITY FOR PUBLIC
te iml~e special Os~eesalents purua- PROVEMENTS ON N,E. 1ST AVE.
Affiant further says that The News is a '~ to Artkle 1.4 at tim C#y of Delri¥ NUE BETWEEN N,E. ~ND STREET
Beech L~nd Devela~)llm~ Regelations; AND N.E. 3RD STREET; REQUIR-
newspaper published in Boca Baton, in said '~ ,No THE DESIGN OF PLANS, SPEC-
~F~CAT~ONS AND ESTIMATES OF
t_v WHEREAS, ~ City Cemmt~ finds COSTS PeR THE IMPROVEMENTS;
Palm Beach Coun_. Florida, Monday ..,..,s. ~,~-,mm. ESTAB~IS.,,O A SPEC,AL ASSESS-
gh ~. aldflg N.E. ,It A~'lge ~ MENT DISTRICT KNOWH AS THE
throu_ Sunday. and has been entered as ,.E. 2fid Str~ arid N.E, 3rd.'S1res~; BANKER'S ROW ASSESSMENT elS-
and TRICT ('BRAD') TO INCLUDE
second class matter at the post office in WHEREAS, th~ Iltelic.improvemonfs THOSE PROPERTIES LOCATED ON
ldCltlde impreved si~alks and esso- N.E. 1ST AVENUE BETWEEN N,E,
Boca Baton, Palm Beach County, Florida, ~of~ior~x.ing;~ ~ 2ND STREET AND N.E. 3RD
for a period of one year next preceding the b DA;STREET'PROVIDINGDELRAYFoRBEACH'THE FLORI-METH.
OD OF PAYMENT OF ASSESS-
first publication of the attached copy of ME,T*; PROV,O,,O POff T,E
NUMBER OF ANNUAL INSTALL-
advertisement; and affiant further says that MENTS.
WHEREAS, the City Commissk~l for
he has neither paid nor promised any to,m~s~,a, ossOS,montspu,,~-
the City of De~ray Beach is au~hefized
person, firm or corpo!?ation any discount, . ant to Article 8.4 of the City of Delray
Beach Land Development ReguJaflo~;
rebate, commission o~. refund for the put- .: and
pose of securing this advertisement for pub- WHEREAS, the City Commi,ion finds
that there is a need far public improve
lication in said newspapers. " meatS along N.E. 1st A ..... bet~
N.E. 2nd Street and N.E. 3rd Street;
lng, and Streef Ii~hfing; and
WHEREAS, the area in which ira-
, provements shall be known as the
./ Banker's Row Assessment District
I"B R.A.D."); and
WHEREAS, the residents of B.R.A.D.,
which includes the residences along
Sworn to and subscribed before me this ,.E. tst A .... between N.E. :'nd
Street and NE 3rd Street have ~efl.
t ~ ~D q~ tioned the City Commissi~ to impuse
a special assessment i~i order to Ray
' 25% of the propoee¢l public improve-
day of ~ , A.D., 19 me,~ wh,ch are pa. of ,he
Row Neigh~rlmed Plan; and
V WHEREAS, the estimates cOSt for
improvements is listed on Exhibit
rated herein; and
/'~ /' WHEREAS, the Commission directs[
(Seal, 11'o~.~~ ~-. ~~ at large) ,P" & CityopmeofCity Manager'sStaff andAgencytheCoffice, tO placethe oni~plons,fileRedovel' llnslx, c.the
WHEREAS, pursuant to the Tri-Parte
My Commis~g'r6h expires A~ ..... t entered i~to ~y ~, Bonk-,
er's Row Homeowners Association
('E.R.H.A.'), the City of Delray Beach
Community Redevelopment Agency
and the City of Oe~ray Beach,
B.R.H.A. agreed to pay 25% of the con-
· struction of the improvements, not to