2579-81.4 , 0 0
ORDINANCE NO. 2579-81
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
REPEALING CHAPTER 117, SPECIAL ASSESSMENT IM-
PROVEMENTS, OF THE CODE OF ORDINANCES, CITY OF
CLEARWATER, IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 117, SPECIAL ASSESSMENT IMPROVEMENTS,
OF TITLE IX, STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES, OF THE CODE OF ORDINANCES, CITY OF
CLEARWATER, TO PROVIDE DEFINITIONS AND SCOPE;
TO SET FORTH POWER FOR AND CONDITIONS FOR
IMPROVING STREETS, EXTENDING SANITARY SEWER
SERVICE, EXTENDING WATER SERVICE AND INSTALLING
AND IMPROVING SIDEWALKS; TO PROVIDE MANNER IN
WHICH THE CITY MAY ACCOMPLISH A SPECIAL ASSESSMENT
IMPROVEMENT, METHOD OF SETTING ASSESSMENTS AND
LEVYING SAME; TO PROVIDE FOR PAYMENT OF ASSESSMENT,
CERTIFICATES OF INDEBTEDNESS AND THEIR VALIDITY;
TO PROVIDE FOR THE ISSUANCE?F BONDS THEREFOR;
TO PROVIDE FOR CONCURRENCY , F IMPROVEMENTS;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR THE SEPARABILITY OF THE PROVISIONS HEREOF;
PROVIDING FOR PROPER NOTICE OF PORPOSED ENACTMENT;
AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section L That Chapter 117, Special Assessment Improvements,
specifically Sections 117. 01 through 117. 08, of Title IX, Streets, Sidewalks
and Other Public Places, of the Code of Ordinances, City of Clearwater, is
hereby repealed in its entirety.
Section 2, That anew Chapter 117, Special Assessment Improvements,
of Title IX, Streets, Sidewalks and Other Public Places, of the Code of
Ordinances, City of Clearwater, is hereby enacted to read as follows:
CHAPTER 117. SPECIAL ASSESSMENT IMPROVEMENTS
Section 117.01 Definitions.
The following words and phrases, when used in this Chapter
shall for the purpose of this Chapter have the meanings
respectively ascribed to them as follows:
(a) SpecialAssessment Improvement means a Public Works
project which adds to or extends the capability of a
municipal service and which benefits abutting properties
by increasing the safety, utility or accessibility and value
of the properties involved, and shall include the construction,
reconstruction, repair, paving, repaving, hard surfacing,
re-hard surfacing, widening, guttering and draining of
streets, boulevards, and alleys and the grading, re-grading,
Ordinance -25,79-81
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CLEARWATER SUN
Published Daily
`
STATE OF FLORIDA Clearwoter, Pinellas County, Florida
COUNTY OF PINELLASt
Befare the undersigned authority personally appeared Mary Ann Marcarelli, who on oath says that
she is the Classified Safes Manegee of the Clearwater Sun, a daily newspaper published at Clearwater in
Pinellas Courtly, Floridel that the ¦tuched copy of adrerelrement, being a ........................
. 'NR ti ?.q 9 .......................................................... In the matter of
Ord 2579-81
.................................................................................
` ................................. .............................................
in the ............. X ........................................ [:ours, xaa published in
said newspaper In the hauca of . e.. ............. 981
........................................ . ......................................
Afflant further says that the said Clearwater Sun is a newspaper published at Clearwater, in Bald
Pinellas County, Florida, and that the said newspaper has heretofore been continuously published In sold
Pinellu County, FIoelda, each day and has been entered as second class mail matter at the post office in
Clearwater, In sold Pinellas County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and offlant further says that she has neither paid nor promised
any person, firm or corporation any discount, rebate, cammiseion or refund for the purpose of securing
this adrerslsmeni for publication In the said newspaper.
Sworn to and subscribed before me
oc,r ..da orAe?caviber......... Am.19& RECEIVED
f .. ..• r '. ?.. ......
I,fOTARY PUBLIC H ryCPubiir,-.QA A 1Ai::L DEC 29 1981
N,Y CGi,,ii I5S3: i I;ri C3 i friA7 6 I'lu7
VGt4L%,D IJ-aU CiLt.:..w1L ii.S. UI40LOWimlLKS
r! C1lT}( CLERK
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leveling, laying, re-laying, paving, repaving, hard surfacing,
and re-hard surfacing sidewalks; the construction or re-
construction of sanitary sewers, storm sewers and drains,
including the necessary appurtenances thereto; the construction
or reconstruction of water mains, water laterals and other
water distribution facilities, including the necessary
appurtenances thereto; and provisions for drainage and
reclamation of wet, low or overflowed lands.
(b) _Assessable Front -Fo2Ia&e means the length of the property,
abutting the improvement, that will receive the benefit of
that improvement,
(c) Total Project Cost means the sum of all expenses chargeable
to an improvement, including all costa incurred from project
inception to final acceptance. Costs to be included are:
Engineering Field, Design and Overhead Costs; Contractual
Costs; Direct City labor and material construction costs and
general City administrative costs as a fixed percent of the
other total costs.
(d) Cost _per Assessable Front Foot means the total project cost
divided by the total assessable front footage.
(e) Standard City Street means a paved thoroughfare with a
minimum width of 30 feet from the back of one curb to the
back of the other curb and complete with standard curbs and
storm drainage.
(f) Sanitary Sewer Extension means the continuation of existing
sewer capability from a sewer main to serve a single or
multiple properties.
(g) Water Service Extension means the continuation of existing
water capability from a water main to serve a single or
multiple properties.
Section 117.02 Sco e - Improvements Subject to Ordinance.
The provisions of this Chapter shall apply to special, assessment
public improvement as defined in Section 117. 01 (a) of the
Clearwater Code of Ordinances. Such public improvements
shall be made or undertaken whenever the City Commission
determines in accordance with the procedure set out herein
that such project should be undertaken and completed and the
costa 'collected as an assessment.
Section 117.03 Street Improvements.
(a) Power to Improve Streets. The City shall have the power
to construct, reconstruct, pave, repair, resurface, widen,
provide drainage and gutters and otherwise upgrade all paved i
and-unpaved streets and alleys within its corporate boundaries.
Properties benefitting from the improvement shall be assessed
by the City Commisrsion for the total cost of such improvement
of such City streets and alleys to standard or for any portion
of the cost of such improvement.
Ordinance 2579-81 1/14/82
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(b) Conditions for Im rovin Streets--Street Pavin All
unpaved or aubstandard streets that are paved or rebuilt
or otherwise improved as provided in subparagraph (a)
must be constructed to City standards and specifications to
include curbs and drainage. The. coat of paving unpaved
streets will be assessed ,to and shared between abutting
property owners. If an existing paved street does not have
curbs and drainage, the cost of bringing that street up to
standard will be equally sharer* between t' ,.''City and abutting
property owners on either side. of the street. If an existing
paved street required widening, whether it has curbs and
drainage or not, the cost of standardizing it will be shared
equally between the City and abutting property owners as
above. Where a short cul-de-sac or where the existing
right-•o£-way is too narow for street widening purposes,
then, the City Manager is authorized to waive the assessment
herein.
(c) Conditions for Improving Streets--Maintenance. Existing
paved streets, whether standard or substandard, which have
curbs and drainage shall be maintained at City's expense.
Section 117.04 Sanitary Sewer Extension.
(a) Power to Extend Service. The City shall have the. power to
install, improve and maintain sanitary sewer lines and facilities,
storm sewers and drains within the corporate limits of the City,
and without the corporate limits where provided by general law
or special act. Benefitting properties shall be assessed by the
City Commission for the cost of the project to extend the service
to their property from the nearest main or sanitary sewer
connection.
(b) Conditions for Extending Service. Sanitary sewer service
shall he extended:
1. When property owner(s) in contiguous unincorporated
areas agree, in writing, to annex their property into
the City of Clearwater; or
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2. When the City receives a petition requesting sanitary
sewer service signed by at least fifty per cent (50%)
of the property owners within a given unincorporated
geographic area, and when property owners in such
areas agree to annex into the City of Clearwater; or
3. When the State Division of Health shall officially notify
the City that a health hazard exists within a given unin-
corporated or incorporated area which health hazard shall
be determined by a field survey with appropriate testa or
inspections by the State Division of Health; or
4. When a property owner or owners requests such extension
of available sanitary sewer service to property within the
City or in a contiguous unincorporated area agreeing to
annex into'the City and such extension is determined to
i be in the beat interest of the City by the City Administration;
or
5. When the City decides unilaterally, for reasons of public
health, safety and welfare that certain property or properties
within the City must be-put on sewer service.
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;Ordinance 2579-81* • 1/14/82
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Section 117. 05 Water Line Extensions.
(a) Power to Extend Water Service. The City shall have the
power to install, improve and maintain water lines and
facilities within the corporate limits of the City, and without
the corporate limits where provided by general law or special
act. Benefitting properties shall be assessed by the City
Commission for the cost of the project to extend the service
to their property from the nearest water main.
(b) Conditions for Extending Service:
1. When property owner(s) in contiguous unincorporated
areas agree, in writing, to annex their property into
the City of Clearwater; or
2. When the City receives a petition requesting water service
signed by at least fifty per cent (50016) of the property owners
within a given unincorporated geographic area, and when
property owners in such areas agree to annex into the City
of Clearwater; or
3. When the State Division of Health shall officially notify
the City that a health hazard exists within a given unin-
corporated area, which health hazard shall be determined
by a field survey with appropriate tests or inspections by
the State Division of Health; or
4. When a property owner or owners request such extension
of available water service to property within the City or
in a contiguous unincorporated area'agreeing to annex into
the City and such extension is determined to be in the best
interest of the City by the City Administration; or
5. When the City decides unilaterally for reasons of
public health, safety and welfare that certain property
or properties within the City must be put on water service.
Section 117..06 RESERVED
Section 117.07 Sidewalk Improvements.
(a) . Power to Install and Improve Sidewalks. The City
shall have the power to install, repair, modify and otherwise
upgrade's idewalka within right-o£-way owned by the City
within its corporate boundaries. Properties benefitting '
from the sidewalk improvements shallbe assessed by the
City Commission for the total cost of the improvement.
(b) Conditions for Installing or Improving Sidewalks. Sidewalks
shall be constructed or improved whenever.
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The City Commission shall decide that it is necessary
in the west interests of the City that sidewalks be
constructed or repaired upon any of the streets, avenues
or alleys of the City; or
When requested by at least fifty per cent (50%6) of the
property owners in a geographic area.
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(c) Exception to Improvement Procedure. Where an existing
sidewalk is broken, raised, or otherwise damaged by means
other than as a result of a construction project, then, the
abutting property shall be assessed the cost of materials
only to repair the sidewalk. The City shall supply the labor
to effect such repair.
Section 117.08 Declaration of Intent; Notice.
Whenever the City Commission or City Administration shall
decide within the terms of this Chapter that a special assessment
improvement needs to be accomplished, the Commission shall
by Resolution declare the City's intention to have such streets
improved, sanitary sewers, storm sewers or water lines extended,
and sidewalks constructed or repaired, designating the street or
streets or sidewalks to be so improved, the location of such sanitary
sewers, storm sewers and drains, the location of such water mains,
water laterals, and other water distribution facilities, or the
location of the drainage project, the part or portion of the cost to
be paid by special assessment, the manner in which special
assessment shall be made, when such assessments are to be paid and
what part, if any, shall be apportioned to be paid from municipal
funds. Such Resolution shall also describe the lands on which the
special assessment is to be levied and it shall be sufficient to
describe such lands as all lots and lands adjoining and contiguous
or bounding and abutting upon such improvements or specially
benefitted thereby, Such Resolution shall also state the estimated
total amount of the project cost as defined in Section 117.01 (c)
of the Code of Ordinances.
Upon adoption of the Resolution, the City' Engineer shall advertise
for bids for construction of the project in a newspaper of general
circulation in the municipality and include in such advertisement
the Resolution number and title.
Section 117.09 Method of Settin Assessments for Special.
Assessment Projects.
(a) Determining Assessable Front Footage. The Public Works
Dirrector shall determine the total assessable front footage
for all" special assessment improvement projects and shall
prepare an assessment roll in accordance with the method
of assessment set out in the resolution of intent, which roll
shall show the. lots and lands to be assessed and, after taking
into consideration the limitations contained in subparagraph
(b), the amount of assessment against each lot or parcel.
(b) Determinin Assessable Cost Per Lot or Parcel. The total
cost of° the project as determined by the Director of the Public
Works Department shall be used to develop a cost per assessable
front foot as defined for the total project. The assessable
- front footage of each lot or parcel shall be multiplied by the
r. ,,. cost per assessable front foot to arrive at the total assessment
for that lot or parcel within the limit as defined below:
1.
For corner lots or parcels, a fifty foot (501) credit will
be given for street paving, street resurfacing and sidewalk
improvements where the short side of the property is
adjacent to an existing improvement of the same type for
which the current property owner has already been assessed .
and the assessment paid.
Ordinance-.2579-81.
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2. For corner lots or parcels benefitting from a sanitary sewer
extension assessment project, the short property side shall
be used for. determining the front footage basis.
3. For irregular four-aided lots or parcels benefitting from
a sanitary sewer extension assessment project, the average
of the two shortest sides will be used as the basis for
determining assessable front footage.
4. Irregular lots or parcels having more or less than four
sides will be considered on case-by-case basis for sanitary
sewer extension assessment projects. Assessable footage
will be developed for these properties so that assessments
on these properties will be proportional to other properties
in the project.
(c) Credits. Project costs not assessed to the individual lots or
parcels because of the credits described above will be included
in the City's share of the project.
Section 117. 10 Leylrin& the Special Assessment.
Upon completion of the assessment roll as provided in Section
117.09, the City Commission shall by Resolution fix a time and
place at which the owners of property to be assessed, or any
other persons interested therein, may appear before the City
Commission with respect to the cost of such public improvement
and the amount to be assessed against each property so improved.
The City Clerk shall provide written notice of such.hearing to each
of the property owners whose property is aubject to being assessed.
Such notice shall be provided by mail ten (10) days in advance. of the
hearing. In addition, notice of the time and place of such hearing
shall be given by two publications a week apart in a newspaper of
general circulation in the municipality; the last publication shall
appear one week prior to the hearing date. The notice shall contain
the date, time and place of the hearing, describe the area to be improved
and advise persons interested that the description of the property to
be assessed and the amount of the assessment can be ascertained at
the office of the City Engineer.
At such meeting, the City Commission. shall consider all objections
relating to the assessments and shall equalize or adjust such
assessments where justice and right. so dictate and shall approve
and confirm such assessment roll by Resolution.
Section 117. 11 Pa ent of Assessment; Certificates of Indebtedness.
(a) A statement of the confirmed assessment shall be provided to
each property owner listed on the confirmed assessment roll.
The property owner shall have thirty (30) days within which to
L pay the total assessment.
Where assessments are not paid within the time provided, a
certificate of indebtedness shall be issued for each assessed lot
or parcel which certificate shall contain a description of the lot
or parcel, the amount of the assessment, a description of the
improvement and shall identify the confirming resolution under
which the assessment was made. Such certificate shall be recorded
in the Public Records of the Pinellas County Clerk's Office and
shall constitute a lien coequal with the lien of all state, county,
distxict and oth-r municipal taxes, superior iwdignity to all other
liens, titles and claims, until paid, and shall bear interest at a
rate not to exceed ten per cent (10%) per annum from the date of
completion and acceptance of such improvement.
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2579-81
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(b) The certificate, subject to the interest provided herein, may be
satisfied through weekly, monthly or annual installments with
such installment payment period to run not more than ten (10)
years from the date of issuance. Such certificate, together
with interest, may be paid in full at any time and the property
owner shall not incur any penalty.
(c) Upon failure of the property owner to pay any installment due,
or any part thereof, or any interest, then, the City Commission
shall cause the necessary proceedings by a bill in equity to
be brought to enforce payment of such certificate, together with
all accrued interest. As a part of such proceeding, the City
shall be entitled to recover all costs and a reasonable attorney's
fee. Default in the payment of any installment of the assessment
or accrued interest shall result in the entire: assessment plus '
interest becoming immediately due. Such foreclosure proceeding
shall be instituted and prosecuted under Chapter 173, Florida
Statutes.
Section 117. 12 Validity of Certificates of Indebtedness
In no event shall the amount or validity, of the lien or certificate
of indebtedness as provided for by this chapter be questioned in
any direct or collateral proceeding instituted more than six (6)
months after the issuance of such certificate of indebtedness by
the City.
Section 117. 13 Issuance of Bonds
The City Commission may at any time without an election
being held therefor borrow money and issue bonds therefor in
anticipation of the collection of unpaid special assessments
levied.or to be levied for the purpose of paying the cost of
constructing or repairing sidewalks, curbing, gutters, drains
or the paving of streets, and construction of sewers which are
to be or have been constructed by the City.
Section 117.14 Concurrency of Improvements
Before paving or otherwise surfacing or resurfacing any .
street or alley of the City, the City Manager shall determine
the time within which sewer, water, gas or other connection
shall be constructed, and shall give notice thereof to the person,
persons, firm or corporation required to make the same, and if
any person, persons, firm or corporation shall fail to make any,
such connection when so required, no permission to make same
shall thereafter be granted after the completion of any street
improvement: for a period of five (5) years, unless for special
` reasons approved by the Director of Public Works. During that
,period of time, no permits to open or cut the street or alley shall
be issued without such special approval. Required connections
during this period shall be accomplished so as to leave the street
. improvement unaffected, using such construction methods as jack
1 ' and bore. Connections made shall be subject to the general
provisions of this chapter if they otherwise meet the definitions
and intent of the policy on special assessment improvements.
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2579-81, .
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Section 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4. Should any part or.provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section-5. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166.041, Florida Statutes.
Section 6. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING December 17, 1981
PASSED ON-SECOND AND FINAL
READING AND ADOPTED January 14, 1982
AS AMENDED
Mayor- Commissioner
Att t:
LJ
City Clerk',
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