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HomeMy Public PortalAbout2001-12 Authorizing to Proceed with the Sanitary Sewer Improvement ProjectRESOLUTION NO. 2001-12 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE TO PROCEED WITH THE SANITARY SEWER IMPROVEMENT PROJECT WITHOUT REQUIRING ANY ELECTION OF THE PROPERTY OWNERS TO BE SPECIALLY ASSESSED; PROVIDING A PUBLIC HEARING CONCERNING SANITARY SEWER IMPROVEMENT PROJECT AND SPECIAL ASSESSMENTS; PROVIDING FOR NOTICE OF HEARING. WHEREAS, the Village Council of the Village of Key Biscayne, Florida (the "Village") finds and determines that Section 4.14 "Special Assessments" of the Village Charter, as adopted at the election of May 16, 2000, is not applicable to the Sanitary Sewer Improvement Project for which special assessment procedures pursuant to Chapter 29.1 of the Village Code had been previously commenced on November 9, 1999, pursuant to Village Council Resolution No. 99-92; and WHEREAS, the Village Council has previously postponed the earlier scheduled public hearing for making a final decision on the special assessments, and now desires to proceed with the public hearing process; and WHEREAS, although delays in proceeding with construction may have caused an increase in the cost of construction of the Project, the Village Council finds that since Resolution 99-92 provides that the portion of the Project cost to be specially assessed shall not exceed 50% of the Estimated Costs, the property owners to be specially assessed are protected from any increase in Project costs resulting from such delay. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: 1 Section 1. Recitals Adopted. The recitals set forth above are hereby adopted and confirmed. Section 2. Public Hearing. Pursuant to Chapter 29.1 of the Village Code, a public hearing is hereby provided for 7:00 p.m. on Tuesday, February 27. 2001, at the Village Council Chambers at 85 W. McIntyre Street, Key Biscayne, Florida, in accordance with Section 29.1-7 of the Village Code. Section 3. Purpose of Public Hearing. That at the above described public hearing all owners of property to be specially assessed for the Sanitary Sewer Improvement Project (the "Project") and other interested persons may appear before the Council and be heard as to: (1) the propriety and advisability of making the improvements; (2) the cost thereof; (3) the manner of payment therefor; and (4) the amount thereof to be assessed against each specially benefited property. Section 4. Final Decision. At the above described public hearing the Village Council will determine whether to authorize the Project, and to adjust and confirm the imposition of special assessments as provided by Section 29.1-8 of the Village Code. Section 5. Notice. The Village Clerk shall provide for notice to be given of the above described public hearing as provided by Section 29.1-7 of the Village Code. Section 6. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 23rd day of January , 2001. 2 MAYOR JOE I. RASCO CONCHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFIC ,k-d'Al, RICHARD JAY WEISS, VILLAGE ATTORNEY 103001\resolutions\proceed with sanitary sewer improvement project 3 SANITARY SEWER SPECIAL ASSESSMENT PUBLIC HEARING I. The Propriety and Advisability of Making The Improvements For The Project. The Project will provide sanitary sewer service to that portion of the Village which presently does not have sanitary sewer service. The Village's Comprehensive Master Plan requires sanitary sewer service to be available by 2008. II. The Cost of The Project. The Estimated Cost of the Project is $7,941,990.00, as described in the detailed Cost Estimate. III. The Manner of Payment For The Project Costs. Fifty (50%) percent of the cost of the Project shall be paid by general funds of the Village lawfully available for such purpose in accordance with the annual budgets of the Village. The remaining 50% of the Project cost shall be specially assessed in accordance with Chapter 29.1 of the Village Code. However, the total amount of special assessments shall not exceed 50% of the amount of the Estimated Costs as described above. Any excess portion of the cost of the improvements which would have been subject to special assessment in the absence of this restriction (which restriction limits special assessments to an amount not to exceed 50% of the Estimated Costs) shall be paid by general funds of the Village lawfully available for such purpose in accordance with the annual budgets of the Village. IV. Amount of Special Assessments. The amount of the special assessment is $5,625.00 for each parcel or dwelling unit. In lieu of a lump sum payment of that amount, special assessments may be paid in annual installments over a period of 20 years. Outstanding balances are subject to interest at a rate of 2.56% per year. Alternatively, the time for payment of the total assessment for a property may be deferred for that property until the date at which connection to the Project is required for such property in accordance with the June 12, 1997, Order of the Miami -Dade County Environmental Quality Control Board. Interest shall accrue at an annual rate of 2.56%, plus a compounding factor, upon such deferred assessments. Owners of properties to be specially assessed may present any complaint as to the amount of their assessment. The Council may subsequently determine to authorize the Project, and adjust and confirm the special assessments. 103001\preparation\sanitary sewer special assessment public hearing