HomeMy Public PortalAbout1998-01 Sanitary sewer improvements referendum, property owner surveyRESOLUTION NO. 98-1
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR
A BINDING REFERENDUM OF AFFECTED PROPERTY
OWNERS CONCERNING SANITARY SEWER
IMPROVEMENT PROJECT OF THE VILLAGE OF KEY
BISCAYNE; PROVIDING FOR BALLOT; PROVIDING FOR
CONSIDERATION OF RESULTS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne has secured a loan from the State of Florida (the
"Loan") for the purpose of financing the construction of sanitary sewer improvements (the "Project")
in the Village; and
WHEREAS, the Village Council desires to hold a binding referendum of affected property
owners, as to the desirability of accepting the Loan, proceeding with the Project and imposing
special assessments for repayment of the Loan; and
WHEREAS, the Village Council desires to develop a procedure for the submittal of the
proposal to affected property owners.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Referendum Called. That a binding referendum is hereby called for the purpose
of submitting a question to the affected property owners, as provided in Section 4, below, as to
whether or not the Project shall proceed. The referendum shall be binding on the Village as provided
herein, but shall not constitute a referendum of electors or a public measure. Said question shall be
submitted by the mail ballot procedure described herein.
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Section 2. Administration of Referendum. That the Village Clerk, with the assistance of the
Village Attorney, shall administer the preparation and distribution of ballots and the tabulation of
the referendum results pursuant to this Resolution.
Section 3. Ballot. That the form of the ballot to be utilized shall be substantially as provided
in Exhibit "A" attached hereto. In order that the Council .may be advised of whether the owners of
specific properties favor inclusion in the Project the ballot shall not be a secret ballot.
Section 4. Mailing of Ballots. That the ballots shall be mailed by the Village Clerk on or
before the 10th day of February, 1998, and shall be returned to the Village Clerk by mail or hand
delivery, which must be received on or before the 24th day of February, 1998. A ballot shall be
mailed by the Village Clerk for each parcel of property which may be served by the Project, in
accordance with a list prepared by the Village Manager.
Section 5. Consideration of Results. That the Village Council shall be bound by the results
of the referendum in deciding whether or not to proceed with the Project, as described herein.
Results may be compiled and considered by the Council. for zones or areas which may comprise a
revised Project size or phases of the Project.
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Section 6. Effective Date. That this Resolution shall be effective immediately upon adoption
hereof.
PASSED AND ADOPTED this 13th day of January, 1998.
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F. FESTA, MAYOR
CONCHITA H. ALVAREZ, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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RICHA' ► J ' S'., VIL ►�'GE ATTORNEY
EXHIBIT "A"
VILLAGE OF KEY BISCAYNE SANITARY SEWER PROJECT
INSTRUCTIONS TO PROPERTY OWNER
Mark your choice for or against the proposal by placing an "x" in the bracket for
either [ 1 Yes or [ 1 No, using an ink pen.
Place the ballot into the return envelope. Place the necessary postage on the ballot
return mailing envelope and mail it to the Village Clerk. Your ballot may also be
hand delivered to the Office of the Village Clerk at 85 West McIntyre Street, Key
Biscayne, Florida, between 8:30 a.m. and 4:30 p.m., Monday through Friday.
VERY IMPORTANT: Your ballot must be in the office of the Key Biscayne
Village Clerk NO LATER THAN 4:30 p.m. on the 24th day of February, 1998.
Although a secret ballot is not being used, pursuant to the enabling resolution, the
Village Council has determined to be bound by the referendum results.
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If the Project proceeds, each Specially Benefitted Parcel, including the property owned by
you, may be subject to a special assessment for the repayment of the Loan to accomplish the Project.
In the event that subsequent cost estimates or Construction Contract bids indicate that
construction and engineering costs of the Project will exceed 8.4 Million Dollars, it is the Council's
intent to seek a further referendum prior to award of the Project Construction Contract.
If the Project proceeds, the Village Council envisions that each specially assessed property
owner will have a choice from three payment options for payment of the special assessments for
their property, as follows:
1. Pay assessment in full at time system provided by the Project is operative - estimated
at $11,000; or
2. Pay full assessment in installments over a 20 year period, beginning at the time the
system provided by the Project is operational, at an annual cost currently estimated
at approximately $700 per parcel, at an interest rate of 2.56% (Note: selection of this
option will be available for a limited one (1) year period upon completion of the
Project); or
3. Pay the full amount of assessment at the time of required connection of the property
to the system provided by the Project, plus all accrued interest due from time of
completion of the Project.
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THE VILLAGE COUNCIL REQUESTS YOUR RESPONSE UPON THE FOLLOWING
QUESTION:
SHOULD THE VILLAGE COUNCIL AUTHORIZE THE PROJECT TO PROCEED AND
PROVIDE FOR REPAYMENT OF THE STATE LOAN BY SPECIAL ASSESSMENTS UPON
EACH PROPERTY WHICH MAY BE SERVED BY THE PROJECT?
[ ] Yes [See instructions accompanying ballot]
[ ]No
PARCEL I.D. NO.: Any Corrections:
PARCEL ADDRESS:
OWNER:
Received by Village Clerk this day of February, 1998.
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