5459-93
ORDINANCE NO. 5459-93
M
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO SPECIAL ASSESSMENTS; AMENDING SECTIONS 27.03
THROUGH 27.13, CODE OF ORDINANCES, TO PROVIDE FOR
SPECIAL ASSESSMENTS BASED UPON AREA, VALUE, OR OTHER
REASONABLE BASES TO FUND PUBLIC WORKS PROJECTS SPECIALLY
BENEFITTING PROPERTY; DEFINING TERMS; REVISING THE
NOTICE AND HEARING REQUIREMENTS FOR SPECIAL ASSESSMENTS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the construction of public works projects including but not
limited to streets, sidewalks, bridges, water and sewer facilities, drainage
facilities, and other local public improvements, and the maintenance and
replacement thereof, promotes and protects the public health, safety, and welfare
and are a valid exercise of the governmental, corporate and proprietary powers
of a municipality; and
WHEREAS, public works projects generally benefit the public at large and
specially benefit real property adjoining or adjacent to the projects or within
a definable area in which the special benefits may be determined; and
WHEREAS, the funding of public works projects in whole or in part by
special assessments levied upon properties deriving a special benefit from the
improvements is valid if the assessment is fairly and reasonably apportioned
among the properties that receive the special benefit; and
WHEREAS, this ordinance is adopted as an exercise of the Home Rule
authority of the City of Clearwater pursuant to Article VIII, Section 2(b), of
the Florida Constitution, and Chapter 166, Florida Statutes; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 27.01 through and including 27.13, Code of Ordinances,
are amended to read:
C,AAPTER 27
SPECI)iL ASSESSMENTS
ARTICLE I. IN GENERAL
Sec. 27.01. Definitions.
The following words, terms and phrases, when used in this article ^",
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
COa111G: Underlining indicates new text;
deletions are indicated by 4U-44k-4h;uAAj4 tyre.
"Assessable area" means the area of
LI
nenetit from a special assessment improvement.
"Assessable front footage" means the length of t4e property abutting a
special assessment improvement that will receive a special benefit from
o4 that improvement.
1'Improvement" shall mean a valuable addition made to rea
amelioration in its condition. For the purposes-of this chanter
include but not be limited to reoairs and replacement.
eapability from a GeweF main te serve a single ppepepty er- mult4ple pr-apert45-.
"Special assessment improvement" means a public works project which adds
to or extends the capability of a municipal service and which specially benefits
abutt4ny properties adjoining or adjacent to the project, or located within an
area in which the special benefits may be determined by increasing the safety,
utility ei- accessibility ar value of the properties involved,;, and ''x"71
i^ e- The term includes but is not necessarily limited to the construction,
reconstruction, repair, paving, repaving, hard surf eiing, re hard swrfaeing,
widening, guttering and draining of streets and sidewalks, bouleyar-ds, and alleys,
and the r regrading, leyel4ng, lay4ng, relaying, paying, +
surzfa Ong, and -e h"^"{-°"'^f"""^ Bf 51deyal?„ ? the construction or reconstruction
of sanitary sewers, 'storm sewers and drains, =nom the neeessary
water mains., water
laterals and other water distribution facilities, including the necessary
appurtenances thereto; provisions for drainage and reclamation of wet, low
or overflowed lands; and bridges and culverts. The term includes any improvement
of neneral henefit to the public which the city commission determines to serve
e, and may include imgr?
r publicly regulated ut
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"Cost per assessable unit front " means the total project cost divided
by the total _basis for assessment of all spec ia1Zy__benefitted properties'
a'Sricer-??"saxpble front eataee -
--}?t ?-t froc?gc.
"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.
"Street" includes but is not limited to a_road, _highway, boulevard, _alley,_
street or other public thoroughfare.
"Total project cost" means the sum of all expenses chargeable to an
improvement, including all costs 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; eR4
general city administrative costs as a fixed percentage of the other total costsy
and other necessary or incidental expenses.
sepyiee eNtensien" means the eentinuation of existing water
C-a?b4l4ty frem a water main to sepye -3 single property or multiple properties.
Sec. 27.02. Scope of article ie#ap?.
The provisions of this article ?? shall apply to special assessment
improvements Such publie
improvements m_y sha4l be made or undertaken whenever the city commission
determines in aeea. with the-preeedure set-outing chapter that such
project should be undertaken and completed and the costs collected, in-whole or
in part, as a special as an assessment.
Sec. 27.03. Declaration of intent; notice.
(I) Whenever the city commission or city manager adm4nist"ti on shall
decide within that a special assessment improvement
needs to be accomplished, the commission shall by resolution declare the city's
intention to have such work performed, designating the nature of the work-, the
location of the work; sewers, mains, , the part
or portion of the cost to be paid by special assessment; the manner in which
special assessments shall be made; when such assessments are to be paidy and what
part, if any, shall be apportioned to be paid from other muA-4ipal funds of the
city. 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 seed,, 27_.0_,
(2) 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, except in cases where the work will be performed pursuant to an-agreement
with another public agency or a publicly regulated utility agency.
5 ? ?..3
•
assessment Pr°sects,
is for special , the public
assessmen area value
etting on. footage and
Sec. 27.4• assessment le fr d of
basis for asseSSab t improvementthe m
oetermining - e the total asses smen with the lots and
1 ermi?ach speci roll in accordance show
Such roll shat} imitation
irector shall dett f or assessment inst
agas
works direct
ssable u?inar of intent- consideration the
or other assearea rel?m reSOluti on into assessment
shall prep ind the taking, amount of
ent set out ands after section, the total
assessm be assesse ?? of this
}ands to b the esti contained in subsection lot or parcel. ed for the
le cost Per as def ?n shall be
each lot or parcel.
fining assessable
unit arCe}the total
peter er asse ssable Hof each to arrive at
[2)
Pr°j e op a cost P i when the basis for
cost of the used to devasse unt limits
shall be the assessablssab}e , u fo}lowin
arcel"withln the for street
total PrOaect• the cost per
side. of
mu}tipl1ed by that lot or p iven the
fOOta e t credit will be give
the
assessment for front where the she for which
t is arcelso a 11-100 ents aid.
assessmen lots or P . rovem the same type
For c°urfacing anda}mPr p e essed and the assessment paid. sewer
anitary for
street res an existing been ass s ed
from
paving is ad3acent to already ting from I:k l be us
property erty owner has benefit side shall
prop lots or par short property
corner the a sanitary
(b) For ro3ect from will
assessment A basis. efitting tes
extension t sides
footage arc of he two shot
the front fats or p
.
determining irregular four-sided the average front footage- will
[c) Far irreg eot p assessable four sides
on assess that
extension assessor determining having eless than . wer extensi t
sewer the basis for more or the
be used as or Parcels hfor sanitary s these properteieies
ular lots basis ,loped f or
[d) a n
Irro 9 a case-by-a will be de tional to other pr°p
j be considered le footage , will be pro
parcels
or
ects• Assessab roperties lots the city
pr°d on these A individual
of assessed to inc}tided in
. assessments
Pro3eCt• , pro3ect costie this section will be
(3) Credits described
the credits ,
because ° the prodect• sment- t
share of Special asses t rollime and place a
27.4'• Levying assessmfix a t interested
Sec. of the reliminar other persone $ ect to the
letion Shall by resoluayn h
[1} upon ceo city commission assessed, or be heard with r P th wit
em the
fundin
r5 of proper thet0 itby. commi es °e roVements and an shall
owne city clerk
which the Owners
appear before of mak}n r4•ect the
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t e so improved
• the1 ?'in, and' advisa the cos of the
rty
ro riet eats ainst each pr°A
s eC' as bo assessed ag
A
amount to
¦
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Whose
owners . not
A.-1 erty may e
of the Pr°ov? ded by tlm and
ing t° each e shall be Lice Of the Week
of such ass hear such note addition, n°oximatel o nee last
notice being the hearing In cations a ci alitl - date.-?he
written to °{ two p?bllthe muni Wing describe
Provide subadvance iven by lation in for to the hearing'. tion of
ri than ten days r riin - g shall be 91 1 circtne Week Pr lace of the the descrl of the
the
1 ess °{ such he a ere r genera 1e thedae i time arse ested that
a neWsp P not int and the amount
apart ?tion shell hell contal, dvise perso he the assesseA ty engineer• ections
ff lev
ubl co- 'moved?. and to ice of all obJ to
P esolut}0 to be pr es at the o shall cons in Whether s ectia
fihe..ar ?t?al ra ?ptascertained _;}v commiss °nal decis;snto }evPssments wro?
,S.%
shall
asseesmer° I hP The
re
at aid
ina
NnoP-er ai ovement• ll _Ij
he amount °r indebtedness a assessmentssued foj?e lot each
all tlf irate of assessm a bt mess a sha e5 crbiptl° )Ve entyde
Sec' Z1.06. f a- lure t0 pay ate ° ?a11 cant t on of the ,mp ent Was %q
ssued for a certl{ rate trip, ass QSSmaunt
Mme pr°vlded,lhe certif ent, a des Which the Pinellas en °f all
t el. essm under orris of the li to all
within lie or P gent of the ass )uti° e ubl lc recoequal withn d. "Ita rate e r
assesse el, the am confirming rded '"- tote a ltiees, superjo interest at he maX'mu e
° hall ident??at hshall ? arshall C°nmunicldala Id shaatebnoat to exceed from th
Such certif district anamshuntil paDn such r
unty?. and cla resole tatutes ent• interest
, c° in the conf irmin ?l oelo such impr°vem subJect 4rith y or an ear
state liens. t s
oth Set {or th, secti0n.,17 a ceptanc certif irate, weekly, are than tebe Paid
m
the thr°ug n°t t
eL y
?
pay}ents. satlsf }ed eriod to rw th interes, ma
stallment 'on may be t paymente together
meeting,
ch
5 assessments,
own'
proPe3p day{s
have --MC1[, L
.
s w issuance
in this se ch installe?ertlf lca
vided t th su Such Pronstallmen to 0{
'
from the da
in full at any time and the property owner shall not incur any penalty for
prepayment.
(3) Enforcement of payment. Upon failure of the property owner to pay any
installment due, any part thereof, or any interest, then the city commission nav
shall cause the necessary proceedings by a-hill 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 9,--Ir ch. 173, Florida Statutes.
(4) Validity. 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 months after the
issuance of such certificate of indebtedness by the city.
Sec. 27.07. 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
special assessment improvements ceest-r-ueti-ng Or-epa4ring--sideways, eu
Sec. 27.08. Concurrency of improvements.
Before paving or otherwise surfacing or resurfacing any street er?-any of
the city, the city manager shall determine the time within which sewer, water,
gas or other underground utility connection shall be constructed, and shall give
notice thereof to the person required to make the connection. If any person fails
to make connection when so required, no permission to make such connection shall
thereafter be granted after the completion of any street improvement for a period
of five 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 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.
Sec. 27.09. Street improvements.
(I) 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 and unpaved streets and alleys within its corporate
boundaries. Properties benefitting from any such U& improvement shall be
assessed by the city commission 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, as determined by the city commission.
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(2) Conditions for improving streets; street paving. All unpaved or
substandard streets that are paved or rebuilt or otherwise improved spre y4de4
-in rs seet4on (I) off-thy--, n must be constructed to city standards and
specifications to include curbs and drainage. The cost 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 .e_guitably equally, shared between the city and abutting
property owners on either side of the street as determined -by- the_ city
commission. If an existing paved street requires widening, whether it has curbs
and drainage or not, the cost of standardizing the street -it- will be shared
equitably equally between the city and abutting property owners, as determined
by the city commission. Where a short cul-de-sac or where existing right-of-
way is too narrow for street widening purposes, the city manager is authorized
to waive the assessment.
(3) Conditions for improving streets; maintenance.' Existing paved
streets, whether standard or substandard, which have curbs and drainage shall be
maintained at the city's expense.
Sed. 27.10. Sidewalk improvements.
(1) Power to install and improve sidewalks. The city shall have the power
to install, repair, modify and otherwise upgrade sidewalks within rights--of-way
owned by the city within its corporate boundaries. Properties benefitting from
the sidewalk improvements shall be assessed by the city commission for the total
cost of the improvement.
(2) Conditions for installing or improving sidewalks. Sidewalks shall be
constructed or improved whenever:
i (a) The city commission shall decide that it is necessary in the best
+ interests of the city that sidewalks be constructed or repaired upon any of the
` streets, avenues or alleys of the city; or
(b) Requested by at least 50 percent of the property owners in a
geographic area.
(3) Exception to improvement procedure. There 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 only the cost
of materials to repair the sidewalk. The city shall supply the labor to effect
such repair. The cost of repairs for damage caused by construction projects
shall be charoed to the nerson causing such damaae.
Sec. 27.11. Storm system improvements.
(1) Power to instal] and improve storm drainage. The city shall have the
power to install, repair, modify or otherwise upgrade all storm drainage systems
within its corporate boundaries. Properties benefitting primarily from such storm
system improvements shall be assessed by the city commission for the total cost
of the improvements.
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(2) Conditions for installing or improving storm drainage. Storm drainage
systems may be installed or improved whenever:
(a) The city commission shall decide u ilatera 4 for reasons of public
health, safety and welfare that it is in the best interests of the city that
storm drainage systems be installed or improved at any location within the city;
(b) The city receives a petition signed by the property owners to be
affected by such storm drainage improvements.
Sec. 27.12. Sanitary sewer extension.
(1) 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.
(2) Conditions for extending service. Sanitary sewer service shall be
extended when:
(a) Property owners in contiguous unincorporated areas agree, in writing,
to annex their property into the city;
(b) The city receives a petition requesting sanitary sewer service signed
by at least 50 percent of the property owners within a given unincorporated
geographic area, and when property owners in such areas agree to annex into the
city;
(c) The state department of health and rehabilitative services n
F? of health' shall officially notify the city that a health hazard exists within a
given unincorporated or incorporated area; such health hazard shall be determined
i by a field survey with appropriate tests or inspections by the state department
of health and rehabilitative services di irA A--^f---he-a4t
(d) A property owner 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 be in the
best interest of the city by the city administration; or
(e) The city decides unilaterally for reasons of public health, safety
' and welfare that certain properties within the city must be put on sewer service.
Sec. 27.13. Water line extensions.
(1) 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.
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(2) Conditions for extending service, Water service shall be extended
i when:
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(a) Property owners in contiguous unincorporated areas agree, in writing,
to annex their property into the city;
(b) The city receives a petition requesting water service signed by at
least 50 percent of the property owners within a given unincorporated geographic
area, and when property owners in such areas agree to annex into the city;
(c) The state department of health and rehabilitative services My-Wen
of--health shall officially notify the city that a health hazard exists within a
given unincorporated area; such health hazard shall be determined by a field
survey with appropriate tests or inspections by the state department of health
and rehabilitative services d4y4 4en-ef health;
(d) A property owner requests 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
(e) The city decides unilaterally for reasons of public health, safety
and welfare that certain properties within the city must be put on water service.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING September 16, 1993
PASSED ON SECOND AND FINAL READING
AND ADOPTED AS AMENDED October 7, 1993
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Approved as to form and correctness:
, "a? 4 , Z-? M. A. Galbraith, Jr
City Attorney
i
Rita Garvey
Mayor-Commissioner
Attest:
Cynt is E. Gouaeau?
City lerk
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