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HomeMy WebLinkAbout1984-039RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL PREPARED BY THE ENGINEERS FOR ASSESSABLE WATER DISTRIBUTION IMPROVEMENTS IN INDIAN RIVER COUNTY, FLORIDA; FIXING THE TIME AND PLACE FOR AN EQUALIZATION HEARING ON THE PRELIMINARY ASSESSMENT ROLL, AND PROVIDING FOR NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA (hereinafter called "Board" and "County," respectively) that: SECTION 1. AUTHORITY FOR RESOLUTION. This resolution is adopted pursuant to the provisions of Ordinance No. 83-46 of the County, applicable provisions of Chapter 170, Florida Statutes (1983), and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby found and determined as follows that: A. By adoption of Resolution No. 84-26, the Board has stated the nature of the assessable water di;tribution improve- ments (hereinafter called "Project") in the County specified by such resolution, determined when the assessments are to be paid, estimated the cost of the Project and satisfied all other require- ments of Section 170.03, Florida Statutes (1983). B. Resolution No. 84-26 of the Board has been published by the Clerk of the Board in a newspaper of general circulation in the County. C. A preliminary assessment roll with respect to the Project has been prepared and filed with the Board. D. It is necessary and desirable that a public hearing on the Project and the assessments be set in accordance with the requirements of Section 170.07, Florida Statutes (1983), and notice thereof be given to the affected property owners. SECTION 3. APPROVAL OF ASSESSMENT ROLL. The preliminary assessment roll prepared by the engineers for such Project, pre- sently on file in the office of the Clerk of the Board, is hereby approved. me SECTION 4. EQUALIZATION HEARING. The 11th day of July, 1984, at 9:45 o'clock A.M. at County Commission_ Chambers, in Vero Beach, Florida, is fixed as the time and place of a meet- ing of the Board at which the owners of the properties to be assessed or other persons interested therein may appear before the Board and be heard as to the propriety and advisability of the Project, the cost thereof, the manner of payment therefor and the amount thereof to be assessed against each parcel of property specially benefited. SECTION S. NOTICE OF HEARING. The Clerk of the Board is directed to cause a notice of such hearing to be mailed to each affected property owner at his last known a6dress and to be published in a newspaper of general circulation in the County, once each eek for 2 consecutive weeks, the final publication being at least one week prior to the date of the equalization hearing. Such notice shall be in substantially the following form: NOTICE OF SPECIAL ASSESSMENT EQUALIZATION HEARING INDIAN RIVER COUNTY, FLORIDA To: ALL INTERESTED PARTIES NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida (hereinafter called "Board" and "County," respectively) will meet on July 11th, 1984, at 9:45 o'clock A.M. in County Commission Chambers at Vero Beach, Florida, to hear objections of all owners of property to be assessed and all interested persons to the following assessable improvements in the County, the cost of such improvements, the manner of payment for such improvements and the amount thereof to be assessed against each parcel of property specially benefited. Such assessable water distribution improvements consist of the con- struction of an extension of a 20 inch water line from the existing combined water and sewer system of the County, and the construction of a water tower, a portion of which will be financed through the -2- issuance of revenue bonds by the County (hereinafter called "Project"). The Project will be constructed in the following unin- corporated area of the County: Water line from Oslo Road to 43rd Avenue north to 8th or 12th Street, then west. to Kings High- way, then north to St. Road 60, water tower to be constructed along route of water line. The Board has examined the assessment roll and has determined that a portion of the entire cost of the Project in the amount of $2,050,000 shall be assessed against the properties specially benefited thereby. The Board has approved the preliminary assessment roll as required by law. The description of each pro- perty to be assessed and the amount to be assessed to each parcel of property may be ascertained at the office of the Clerk of the Board. The special assessments to be levied against the proper- ties specially benefited from the Project may be paid in cash in not exceeding 10 equal yearly installments with interest at a rate not to exceed 1% above the interest rate on the bonds of notes, as the case may be, to be issued to finance the cost of the Project. If the special assessments are not paid when due, there shall be added a penalty at the rate of 1% per month until paid; provided, however, that such assessments may be prepaid at any time within 30 days after the Project is completed and a resolution accepting the same has been adopted by the Board, but such prepaid assessments shall bear interest at the rate borne by the bonds or the notes, as the case may be, described above, and shall include, if deemed necessary by the Board, a prepayment fee not to exceed the applicable redemption premium, if any, for such notes or bonds, as the case may be, if they were to be redeemed on the next available redemption date. The special assessments shall be levied against such benefited pro- perties on an available tap basis to the properties receiving benefit by virtue of the availability of potable water. Any special. assess- -3- ment liens upon benefited properties, resulting from special assess- ments levied in accordance with the provisions of this resolution, shall be extinguished upon the recording by the Board in the Official Records of the County, an affidavit or affidavits executed by the Chairman of the Board to the effect that sufficient security has been deposited with the County in order to insure timely payment of the amounts of such special assessments or the installments thereof, as the case may be. At the above named time and place, the Board will receive any objections of interested persons. After receiving and consider- ing all objections of interested persons, the Board shall at such hearing or thereafter either annul or sustain or modify in whole or in part the preliminary assessments as indicated on such roll, either by confirming the preliminary assessments against any or all lots or parcels described therein or by cancelling, increasing or reducing the same according to the special benefits which the Board decided each such lot or parcel has received or will receive on account of the Project. Dated this 6th day of June , 1984. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: C Don C. Scurlock, Jr. i rman Attest: re a ,Vra-g Ft, C e SECTION 6. PROOF OF NOTICE. Mailing of such notice shall be proved by affidavit of the Clerk of the Board filed in her office. Publication of such notice shall be verified by affi- davit of the Dublisher filed in the office of the Clerk of the Board. SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. -4- The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Wodtke and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Absent Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th day of June , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, /FLORIDA By fDON . SCURLOCK, JR. ;'� ,'..>•° r.,` Chairman At Wet: FgEDA 6dRIG T rG�+- By ty Attorney C> •• PRELIMINARY ASSESSMENT ROLL Assessment/Distribution Schedule and Identifying Letters as they correspond to the Assessment Plat on file in the office of the Indian River County Board of County Commissioners. PRELIMINARY ITEM OWNER ERU'S ASSESSMENT A-1 Ben Bailey, III, an individual 65 65,000 A-2 Ben Bailey, III, an individual 60 60,000 B Vista Properties of Vero Beach, Inc. 58.15 585,000 C-1 John H. Sutherland, as Trustee 107 107,000 C-2 John H. Sutherland, as Trustee 108 108,000 C-3 Sixty Oaks, Inc. 60 60,000 C-4 Kingswood West, Inc. 50 5n,000 D-1 George Childers -Lynn Lee 52 52,000 D-2 George Childers -Westgate Colony 28 28,000 (Individual owners and property Descriptions listed on attached sheets) Property assessment ro George Childers Eel E. Clifford Norris, as Trustee 96 96,0'00 E-2 Charles D.M. Gibbons and Marie L. 79 799000 Gibons E-3 Rag No. 1 Partnership 385 385,000 F Central Assembly of God, Inc., of Vero 20 20,000 Beach, Florida G Paul E. Austin 59 59,000 H Temple Beth Shalom of Vero Beach, Inc. 1 1,000 I Strazzulla Bros. Co., Inc. 40 40,000 J Tamara Gardens Development, Co., Inc. 52 52,000 K Beach Bank at Vero Beach 28 28,000 L Florida National Bank 1 1,000 M-1 Ralph Evans, as Trustee 20 20,000 M-2 Ralph Evans, as Trustee 26 26,000 M-3 Ralph Evans, as Trustee 10 10,000 M-4 Ralph Evans, as Trustee 1 1,000 M-5 Ralph Evans, as Trustee 20 20,000 N Elsebeth M. Sexton, Ralph Waldo Sexton 70 709000 and Charles Randolph Sexton as Trustees of Trust "b" under the Will of Waldo E. Sexton, deceased 0 Samuel E. Moon, Sr. a/k/a Sam E. Moon, 15 15,000 a 1/2 interest; and Nancy Thomas Moon, a 1/2 interest; each 1/2 interest as joint tenants in common, not with right of survivorship P Bailey and Bailey, a Florida Partnership 12 12 000 and J. Pat Corrigan $21050,000 40 NOTICE OF SPECIAL ASSESSMENT EQUALIZATION HEARING INDIAN RIVER COUNTY, FLORIDA TO: ALL INTERESTED PARTIES NOTICE IS HEREBY GIVEN that the Board of County i Commissioners of Indian River County, Florida (hereinafter called "Board" and "County," respectively) will meet on July 11th, 1984, at 9:45 o'clock a.m. in the County Commission Chambers at Vero Beach, Florida, to hear objections of all owners of property to be assessed and all interested persons to the following assessable improvements in the County, the cost of such improvements, the manner of payment for such improvements and the amount thereof to be assessed against each parcel of property specially benefited. Such assessable water distribution improvements consist of the construction of an extension of a 20 inch water line from the existing combined water and sewer system of the County, and the construction of a water tower, a portion of which will be financed through the issuance of revenue bonds by the County (hereinafter called "Project"). The Project will be constructed in the following unincorporated area of the County: Water line from Oslo Road to 43rd Avenue north to 8th or 12th Street, then west to Kings Highway, then north to St. Road 60, water tower to be constructed along route of water line. The Board has examined the assessment roll and has determined that a portion of the entire cost of the Project in the amount of $2,050,000 shall be assessed against the properties t specially benefited thereby. The Board has approved the preliminary assessment roll as required by law. The description of each property to be assessed and the amount to be assessed to each parcel of property may be ascertained at the office of the Clerk of the Board. The special assessments to be levied against the properties specially benefited from the Project may be paid in cash in not exceeding 10 equal yearly installments with interest at a rate not to exceed 1% above the interest rate on the bonds of notes, as the case may be, to be issued to finance the cost of the Project. If the special assessments are not paid when due, there ® shall be added a penalty at the rate of 18 per month until paid; provided, however, that such assessments may be prepaid at any w time within 30 days after the Project is completed and a resolution accepting the same has been adopted by the Board, but such prepaid assessments shall bear interest at the rate borne by the bonds or the notes, as the case may be, described above, and shall include, if deemed necessary by the Board, a prepayment fee not to exceed the applicable redemption premium, if any, for such notes or bonds, as the case may be, if they were to be redeemed on the next available redemption date. The special assessments shall be levied against such benefited properties on an available tap basis to the properties receiving benefit by virtue of the availability of potable water. Any special assessment liens upon benefited properties, resulting from special assessments levied in accordance with the provisions of this resolution, shall be extinguished upon the recording by the Boa --d in the Official Records of. the County, an affidavit or affidavits executed by the Chairman of the Board to the effect that sufficient security has been deposited with the County in order to insure timely payment of the amounts of such special assessments or the installments thereof, as the case may be. At the above named time and place, the Board will receive any objections of interested persons. After receiving and considering all objections of interested persons, the Board shall at such hearing or thereafter either annul or sustain or modify in whole or in part the preliminary assessments as indicated on such roll, either by confirming the preliminary assessments against any or all lots or parcels described therein or by cancelling, increasing or reducing the same according to the special benefits which the Board decided each such lot or parcel has received or will receive on account of the Project. Dated this day of June, 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By- t _ j) Don C. Scurlock, Jr airman Attest: `✓✓'�eG�Li��V6401 Freda Wright, erk 40 40 Publish a Wednesday, June 20,1984 and Wednesday, June 27 1984. Send original proof of publication to: Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 Attention: Liz ForlaniME