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HomeMy Public PortalAboutGulf Stream - Chapter 170 Resolution for May 13th Mtg Renee Basel From:Susan Schoettle-Gumm <spgumm@mailmt.com> Sent:Friday, May 6, 2011 12:59 PM To:Bill Thrasher; Rita Taylor Cc:jrandolph@jones-foster.com; 'mark raymond'; 'Lee Evett'; 'Habib Isaac'; 'Danny Brannon' Subject:Gulf Stream - Chapter 170 Resolution for May 13th Mtg Attachments:1st Resol Chap 170 AGENDA.doc Bill & Rita - Attached is the Chapter 170 resolution for the May 13th Commission meeting. Once the public hearing date/time is set, I can assist with inserting the information in the blanks. Give me a call on my cell phone if you have any questions. Thanks, Susan Susan Schoettle, PLLC Phone 941-377-4948 Cell phone 941-320-3054 Fax 941-371-8317 E-mail spgumm@mailmt.com This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941- 377-4948) or by return e-mail and delete the message, along with any attachments. 1 RESOLUTION NO. ____ A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA CALLING FOR A PUBLIC HEARING REGARDING THE IMPOSITION OF SPECIAL ASSESSMENTS TO PAY THE COSTS OF UNDERGROUNDING OVERHEAD UTILITIES, INCLUDING ELECTRICAL, FIBER OPTIC/CABLE TELEVISION AND TELEPHONE FACILITIES SERVING CERTAIN PROPERTIES WITHIN THE TOWN; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING BY MAIL AND BY PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the Town Commission (the “Commission”) of the Town of Gulf Stream, Florida (the "Town") finds that a capital improvements project to underground overhead utilities, including electrical, fiber optic/cable television and telephone facilities, that serve certain properties within the Town (the "Project”) will further the public health, safety and welfare; and WHEREAS , the Commission finds that the properties served by the Project will derive a special benefit from the Project and that a special assessment should be imposed on the benefitted land within the Town for the purpose of paying the cost of the Project: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are correct. Section 2. This Resolution is enacted pursuant to Chapter 170, Florida Statutes, and the municipal home rule powers granted under Section 2(b), Article VIII of the Constitution of the State of Florida and Florida Statutes ch. 166, pts. I and III. Section 3. The Commission has determined that the Town should proceed with a capital improvements project (the "Project") to underground overhead utilities, including electrical, fiber optic/cable television and telephone facilities, that serve certain properties within the Town. The nature and general location of the proposed improvements to be included in the Project is set forth in Exhibit A attached hereto. Section 4. The estimated cost of the Project to be paid with special assessments and the manner in which the assessments will be made is set forth in Exhibit B attached hereto. In addition to the costs set forth in Exhibit B, the annual assessments to be levied will include interest costs related to financing and annual costs of approximately 6% related to levying the assessments on the property tax bill, including, for example, the statutory early payment discount and fees/costs for services provided by the Palm Beach County Property Appraiser, Palm Beach County Tax Collector and the Palm Beach County Information System Services (ISS). 1 Section 5. The special assessments will be levied upon all lots and lands within the Town adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat provided for in Section 7 below. Project costs related to parcels outside the Town boundaries as well as costs related to parcels owned by the Town will be paid from lawfully available funds of the Town. Section 6. The special assessments will be paid in not less than ten (10) nor more than twenty (20) annual installments, and will be levied using the uniform method for the collection of non- ad valorem assessments set forth in Chapter 197, Florida Statutes, commencing with the ad valorem tax bills mailed in November, 2012 or upon completion of the project, whichever is earlier in time. Section 7. There is on file with the Town Clerk an assessment plat, showing the area to be assessed, with plans and specifications, and an estimate of the cost of the Project, which items are open to public inspection. Section 8. At least thirty (30) days prior to the public hearing date established in Section 9 below, a preliminary assessment roll showing the lots and lands to be assessed and the amount of benefit to and the assessment against each parcel and the number of annual installments in which the assessment is to be paid will be on file with the Town Clerk and available for public inspection. Section 9. A public hearing shall be held on ___________, 2011, at ___:___ __.m. at the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483, for the purpose of hearing public comments concerning the Project, the cost of such Project and the manner of payment therefor, including the amount of special assessments to be levied against property specially benefitted thereby. Section 10. Notice of the public hearing shall be mailed to all owners of real property to be assessed located within the Town, said notice to be substantially in the form attached hereto as Exhibit C. The notice shall be mailed to the names and addresses of such property owners obtained from the property appraiser’s records, or if such information is not available from the property appraiser, from such other sources as the Town Clerk deems reliable. Section 11. Notice of the time and place of the hearing shall also be given by two publications a week apart, in a newspaper of general circulation published in Palm Beach County. The second publication shall be at least one week prior to the hearing date. The notice shall be substantially in the form attached hereto as Exhibit D. Section 12. The Clerk shall cause publication of this resolution once a week for a period of two weeks in a newspaper of general circulation published in Palm Beach County, Florida. The notice shall be substantially in the form attached hereto as Exhibit E. Section 13. This resolution shall take effect immediately upon its adoption. 2 PASSED AND ADOPTED by the Commission of the Town of Gulf Stream, Florida, this ___th day of May, 2011. TOWN OF GULF STREAM, FLORIDA __________________________________ ___________________________________ MAYOR COMMISSIONER ____________________________________ COMMISSIONER (SEAL) ____________________________________ COMMISSIONER ATTEST: ____________________________________ COMMISSIONER ___________________________________ TOWN CLERK 3 EXHIBIT A GENERAL DESCRIPTION OF THE PROJECT (insert from Project Manager - map showing project area) A -1 EXHIBIT B TGS–UUAM OWN OF ULF TREAM TILITY NDERGROUNDING SSESSMENT ETHODOLOGY BWFS,I. Y ILLDAN INANCIAL ERVICES NC May 6, 2011 The estimated cost of the Project to be paid with special assessments and the manner in which the assessments will be made is set forth in the above referenced report (“Assessment Report”) attached hereto as Exhibit B. The assessments will be paid in not less than ten (10) nor more than twenty (20) annual installments. In addition to the costs set forth in the Assessment Report, the annual assessments to be levied will include interest costs related to financing and annual costs of approximately 6% related to levying the assessments on the property tax bill, including, for example, the statutory early payment discount and fees/costs for services provided by the Palm Beach County Property Appraiser, Palm Beach County Tax Collector and the Palm Beach County Information System Services (ISS). B -1 EXHIBIT C (to be mailed to all owners of property to be assessed) \[Town Letterhead\] May __, 2011 Re: Utility Undergrounding Project Dear Property Owner: The Commission of the Town of Gulf Stream, Florida (the "Town") is considering a capital improvements project to underground overhead utilities, including electrical, fiber optic/cable television and telephone facilities, that serve certain properties within the Town (the “Project”). If the Project proceeds, the cost will be funded by assessments against certain real property within the Town that will be specially benefited by the Project. The assessment for each parcel of real property is based on the benefit that it will receive as a result of the Project. A more specific description of the assessment program is included in Resolution No. ___ adopted by the Commission on May 13, 2011. Copies of Resolution No. ___ and the preliminary assessment roll are available for review at the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483. Information regarding the assessment for your specific property is enclosed with this letter. The Commission will hold a public hearing at ___:___ __.m., or as soon thereafter as the matter can be heard, on ________, 2011, at the Town Hall, 100 Sea Road, Town of Gulf Stream, Florida 33469, for the purpose of receiving comments on the proposed project and special assessments. You are invited to attend and participate in the public hearing or to file written comments with the Commission any time prior to the public hearing. If you decide to appeal any decision made by the Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. Town of Gulf Stream, Florida By: _________________, Town Clerk C -1 EXHIBIT D NOTICE OF PUBLIC HEARING The Commission of the Town of Gulf Stream, Florida (the "Town") is considering a capital improvements project to underground overhead utility facilities, including electrical, fiber optic/cable television and telephone facilities that serve certain properties within the Town. If the project proceeds, the cost will be funded by assessments against certain real property within the Town. The Commission will hold a public hearing at ___:___ _.m., or as soon thereafter as the matter can be heard, on ________, 2011, at the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483, for the purpose of receiving comments on the proposed project and special assessments. The public is invited to attend and participate in the public hearing or to file written comments with the Commission any time prior to the public hearing. If any person decides to appeal any decision made by the Commission with respect to any matter considered at the hearing, he or she will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. D -1 EXHIBIT E PUBLIC NOTICE Notice is hereby given that the Commission of the Town of Gulf Stream, Florida adopted Resolution No. ___ on May 13, 2011. The Resolution is set forth below. RESOLUTION NO. ____ A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA CALLING FOR A PUBLIC HEARING REGARDING THE IMPOSITION OF SPECIAL ASSESSMENTS TO PAY THE COSTS OF UNDERGROUNDING OVERHEAD UTILITIES, INCLUDING ELECTRICAL, FIBER OPTIC/CABLE TELEVISION AND TELEPHONE FACILITIES SERVING CERTAIN PROPERTIES WITHIN THE TOWN; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING BY MAIL AND BY PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the Town Commission (the “Commission”) of the Town of Gulf Stream, Florida (the "Town") finds that a capital improvements project to underground overhead utilities, including electrical, fiber optic/cable television and telephone facilities, that serve certain properties within the Town (the "Project”) will further the public health, safety and welfare; and WHEREAS , the Commission finds that the properties served by the Project will derive a special benefit from the Project and that a special assessment should be imposed on the benefitted land within the Town for the purpose of paying the cost of the Project: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are correct. Section 2. This Resolution is enacted pursuant to Chapter 170, Florida Statutes, and the municipal home rule powers granted under Section 2(b), Article VIII of the Constitution of the State of Florida and Florida Statutes ch. 166, pts. I and III. Section 3. The Commission has determined that the Town should proceed with a capital improvements project (the "Project") to underground overhead utilities, including electrical, fiber optic/cable television and telephone facilities, that serve certain properties within the Town. The nature and general location of the proposed improvements to be included in the Project is set forth in Exhibit A attached hereto. Section 4. The estimated cost of the Project to be paid with special assessments and the manner in which the assessments will be made is set forth in Exhibit B attached hereto. In addition to the costs set forth in Exhibit B, the annual assessments to be levied will include interest costs related to financing and annual costs of approximately 6% related to levying the assessments on the property tax bill, including, for example, the statutory early payment discount and fees/costs for services provided by the Palm Beach County Property Appraiser, Palm Beach County Tax Collector and the Palm Beach County Information System Services (ISS). Section 5. The special assessments will be levied upon all lots and lands within the Town adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat provided for in Section 7 below. Project costs related to parcels outside the Town boundaries as well as costs related to parcels owned by the Town will be paid from lawfully available funds of the Town. Section 6. The special assessments will be paid in not less than ten (10) nor more than twenty (20) annual installments, and will be levied using the uniform method for the collection of non- ad valorem assessments set forth in Chapter 197, Florida Statutes, commencing with the ad valorem tax bills mailed in November, 2012 or upon completion of the project, whichever is earlier in time. E -1 Section 7. There is on file with the Town Clerk an assessment plat, showing the area to be assessed, with plans and specifications, and an estimate of the cost of the Project, which items are open to public inspection. Section 8. At least thirty (30) days prior to the public hearing date established in Section 9 below, a preliminary assessment roll showing the lots and lands to be assessed and the amount of benefit to and the assessment against each parcel and the number of annual installments in which the assessment is to be paid will be on file with the Town Clerk and available for public inspection. Section 9. A public hearing shall be held on ___________, 2011, at ___:___ __.m. at the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483, for the purpose of hearing public comments concerning the Project, the cost of such Project and the manner of payment therefor, including the amount of special assessments to be levied against property specially benefitted thereby. Section 10. Notice of the public hearing shall be mailed to all owners of real property to be assessed located within the Town, said notice to be substantially in the form attached hereto as Exhibit C. The notice shall be mailed to the names and addresses of such property owners obtained from the property appraiser’s records, or if such information is not available from the property appraiser, from such other sources as the Town Clerk deems reliable. Section 11. Notice of the time and place of the hearing shall also be given by two publications a week apart, in a newspaper of general circulation published in Palm Beach County. The second publication shall be at least one week prior to the hearing date. The notice shall be substantially in the form attached hereto as Exhibit D. Section 12. The Clerk shall cause publication of this resolution once a week for a period of two weeks in a newspaper of general circulation published in Palm Beach County, Florida. The notice shall be substantially in the form attached hereto as Exhibit E. Section 13. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Commission of the Town of Gulf Stream, Florida, this ___th day of May, 2011. TOWN OF GULF STREAM, FLORIDA __________________________________ ___________________________________ MAYOR COMMISSIONER ____________________________________ COMMISSIONER (SEAL) ____________________________________ COMMISSIONER ATTEST: ____________________________________ COMMISSIONER ___________________________________ TOWN CLERK E -1