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Home My Public Portal About1999-92 Declaring the necessity to make certain sanitary sewer improvementsRESOLUTION NO. 99-92 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DECLARING THE NECESSITY TO MAKE CERTAIN SANITARY SEWER IMPROVEMENTS AUTHORIZED BY CHAPTER 29.1 OF THE VILLAGE CODE; DECLARING THE COUNCIL'S INTENT TO IMPOSE SPECIAL ASSESSMENTS TO COVER THE COST OF THE IMPROVEMENTS; INDICATING THE NATURE, LOCATION, AND ESTIMATED COSTS OF THE IMPROVEMENTS; PROVIDING THAT A CERTAIN PORTION OF THE EXPENSE OF THE COSTS OF THE IMPROVEMENTS SHALL BE PAID BY SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH THE SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN THE SPECIAL ASSESSMENTS SHALL BE PAID; DESIGNATING THE PARCELS OF LAND UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL FOR THE AREA TO BE SERVED BY THE IMPROVEMENTS; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne, Florida (the "Village") has determined to make certain sanitary sewer improvements (the "Improvements") in accordance with Chapter 29.1 of the Village Code, by constructing sanitary sewers in an area of the Village which presently does not have sanitary sewer service (the "Area"); and WHEREAS, the Area to be served by such Improvements consists of approximately 706 parcels located generally West of Crandon Boulevard between Heather Drive and Mashta Drive and East of Crandon Boulevard between East Drive and Heather Drive, as further and more fully described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Village Council has determined that the Improvements are necessary and that a portion of the costs of the Improvements shall be paid by special assessments upon those parcels specially benefiting from the Improvements; and WHEREAS, the Village is authorized to make the Improvements and to impose the special assessments pursuant to Chapter 29.1 of the Village Code and the enabling authorities cited therein; and WHEREAS, there is presently on file in the office of the Village Clerk an assessment plat showing the Area to be assessed, with plans and specifications, as prepared by PBS&J Engineers (the "Engineer"), and an estimate of the costs of the proposed improvement, which assessment plat, plans and specifications and estimate are open for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals are hereby adopted, confirmed and incorporated herein. Section 2. Declarations. The Village Council hereby declares the necessity for the Improvements, and declares its intent to make the Improvements and to pay for 5Q% of the costs thereof by special assessments and to pay for the remaining 5Q% of the costs thereof from the general funds of the Village lawfully available for such purpose in accordance with the annual budgets of the Village. Section 3. Description. The nature of the Improvements is set forth in the estimate of cost and more specifically described in the plans and specifications on file with the Village Clerk. Specifically, the Village intends to construct sanitary sewers, including necessary appurtenances thereto, within the public right-of-ways referenced in the recitals above and described on Exhibit "A" (map). 2 Section 4. Location. The general location of the Improvements is shown in the plans and specifications and the assessment plat on file with the Village Clerk, as well as on Exhibit "A" (map), all of which shall be open to inspection by the public. Section 5. Cost Estimate. The estimated costs of the Improvements is $7,790,600.00 (the "Estimated Cost") the details of which are on file with the Village Clerk. Section 6. Scope of Special Assessments. The special assessments will defray 50% of the cost of the Improvements and the levy of same includes a portion of the Estimated Cost, financing cost, capitalized interest, debt service reserves, contingencies and administrative expenses and all other expenses allowed by law, but shall not exceed 50% of the amount of Estimated Cost described in Section 5 above. Section 7. Levy of Special Assessment. The special assessments shall be levied and imposed against all lots and lands adjoining and contiguous or bounding and abutting upon such Improvements or specially benefited therefrom and as further designated by the assessment plat, upon a uniform per parcel or per dwelling unit basis. Section 8. Preliminary Assessment Roll. A preliminary assessment roll shall be promptly prepared by the Village Manager or his designee in accordance with the method of assessment provided in Section 7 above, and said assessment roll shall show the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land, and the number of annual installments in which the assessment is divided shall also be shown. Section 9. Payment Schedule. The special assessments shall be payable within 20 years, as follows: 3 1. 1/20th of the total assessment shall be payable upon a date which is one (1) year after completion of the Improvements (the "Commencement Date"). 2. 1/20th of the total assessment shall be payable on each anniversary of the Commencement Date each and every year thereafter until the full assessment plus interest has been paid. 3. All outstanding balances on such assessments shall bear interest at the rate of 2.56% per year. 4. If the full assessment is paid prior to the Commencement Date, no interest shall be charged thereon. 5. In hardship cases, payment of installments of assessments may be deferred pursuant to Section 29.1-18 of the Village Code. A further resolution of the Council shall be provided for such purpose. 6. The time for payment of the total assessment for a property shall be deferred for that property until the date at which connection to the Improvements is required for such property in accordance with the conditions of the June 12, 1997, Order of Miami-. Dade County Environmental Quality Control Board, Board Order No. 97-49, if deferral is requested in writing by the property owner at least 60 days before the Commencement Date described in paragraph 1 above, upon a request form prepared by the Village Attorney. Interest shall accrue at an annual rate of 2.56%, plus a compounding factor, upon deferred assessments, so that the Village fully recovers all interest advanced by or through Village for such deferred assessment payments. Section 10. Time and Manner. The special assessments shall be payable at the time and in the manner provided in this Resolution. Section 11. Publication. The Village Clerk is hereby directed to cause a copy of this Resolution to be published one time in a newspaper of general circulation published in the Village and one time in the Islander newspaper. Section 12. The Village Manager, Village Clerk, Village Attorney, and consulting Engineer are authorized to take all action necessary to implement the purposes of this Resolution. 4 Section 13. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOP'1'ED this_9th day of November , 1999. COITCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL S RICHARD JAY WEISS, VILLAGE ATTORNEY 103001 \resolutions\ sanitary sewer impmvements authorized by chapter 29.1 JOE I. RASCO, MAYOR 5 ®mom . . �� Hififl mpuiiiii* 0��11111A RuuIIi nualu.1,&• ito ipsunsum • von ,k • sin • .�...a �• orb's111001611111 n i1te 3Mtrnut 91tcrath milk www.hetald.com www.elherald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: JANEY ANDERSON who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: Neighbors Zone 3 pg.9 11/18/99 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). / 23rd DAY OF November , 1999 efore me this My Commission Expires: October 17, 2001 Virginia J. ;t Ion Not., OFF1 • �r- :,3� VIRGNIA I GALLON NCit .RY PUDIC STATE OF FLORIDA cx3MM1991ON OC682826