HomeMy Public PortalAbout2001-26 Resciding Resolution 2001-18 re_ Sanitary Sewer ProjectRESOLUTION NO. 2001-26
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; RESCINDING
RESOLUTION NO. 2001-18 WHICH HAD POSTPONED THE
SANITARY SEWER PROJECT TO OCTOBER 1, 2003, AND
INSTEAD 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 desires to rescind Resolution No. 2001-18, which had
postponed the Sanitary Sewer Project until October 1, 2003; and
WHEREAS, the Village Council of the Village of Key Biscayne, Florida (the "Village") has
found and determined, pursuant to Resolution 2001-12, 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
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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:
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, May 8. 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 3rd day of April, 2001.
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CONCHITA H. ALVAREZ, CMC, VILLAGE CLER
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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RICH NRD JAY WEISS, VILLAGE ATTORNEY
I03001\resolutions\rescinding resolution no. 2001-18 re sanitary sewer
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AYOR JOE I. RASCO