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HomeMy WebLinkAbout2015-073Providing (First Reso.) RESOLUTION NO. 2015- 073 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN ASPHALT MILLING IMPROVEMENTS TO 9th LANE, IN GLENDALE LAKES SUBDIVISION AND GLENDALE LAKES SUBDIVISION UNIT TWO, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED. WHEREAS, the County Public Works Department has been petitioned for Road Asphalt Milling Improvements for 9th Lane in Glendale Lakes Subdivision and Glendale Lakes Subdivision Unit Two. WHEREAS, the construction of milling improvements by special assessment funding is authorized by Chapter 206, Section 206.01 through Section 206.09, Indian River County Code; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed asphalt millings improvements is ELEVEN THOUSAND TWO HUNDRED SEVENTEEN DOLLARS AND TWELVE CENTS ($11,217.12); and WHEREAS, due to the parcel configurations being irregularly shaped, some parcel front footages are disproportionate to others despite each property havingthe equal benefit, therefore the assessment cost based on parcel area (square footage) is the most fair and equitable method for determining the assessment cost; and this method of assessment is agreeable to the property owners in the benefited area; and WHEREAS, the benefiting properties will be assessed for seventy-five percent (75%) of the project's total cost, plus two percent (2%) collection fee. The project's cost is based on the total square footage of the benefiting properties (or assessed properties) and each assessment Providing (first Reso.) Resolution No. 2015- n:Z-1 calculation is based on each property's square footage as it bears to the project's total square footage times seventy-five percent (75%), with the remaining twenty-five percent (25%) of the total cost of the project ($2,804.28) being paid by the County from its Petition Paving Account; and WHEREAS, assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments; and WHEREAS, any special assessment not paid within a ninety (90) day period from the passage of the as -built or final resolution shall bear interest beyond the due date at a rate established by the Board of County Commissioners when the improvements are completed, and shall be payable in two (2) equal yearly installments, the first to be made twelve (12) months from the due date and subsequent payment to be due by the next year; and WHEREAS, the special assessment shall become due and payable at the office of the Department of Utility Services of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 206.08, Indian River County Code; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from this improvement, to wit: Lots 10 through 13, Block 7; Glendale Lakes, Plat Book 6, Page 26 and Lots 1 through 3, together with those lands as described in ORB 686, Page 2318; Glendale Lakes Subdivision Unit Two, Plat Book 9, Page 90, all of the public records of Indian River County, Florida. Said lands lying in Indian River County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 2 Providing (first Reso.) Resolution No. 2015- 073 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for milling improvements to 9t" Lane, Glendale Lakes Subdivision and Glendale Lakes Subdivision Unit Two; heretofore designated as Indian River County Project No. 1436 is hereby approved subject to the terms outlined above and all applicable requirements of Chapter 206, et seq. Indian River County Code. 3. This Resolution along with a map showing the areas to be assessed shall be published one time in a newspaper of general circulation in the County (Indian River Press Journal) before the public hearing as required by County Code Section 206.04. The foregoing resolution was offered by Commissioner o'Bryan who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis AhcPnt Vice -Chairman Bob Solari Aye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan AyQ Commissioner Tim Zorc Aye The Chairman thereupon declared the resolution passed and adopted this qth day of June , 2015. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA y Bob Solari, Vice Chairman Attest: � foe ;Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficiency: K. DeBraal, Deputy County Attorney 3