16-02RESOLUTION NO. 16 -02
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ESTABLISHING THE CITY'S INTENT TO SURFACE THE STREETS IN
THE HARBOR OAKS PLATTED SUBDIVISION WITH BRICKS;
INDICATING THE LOCATION, NATURE AND PRELIMINARY COST
ESTIMATE FOR THE BRICK SURFACING IMPROVEMENTS;
PROVIDING FOR THE FUNDING OF SUCH IMPROVEMENTS
THROUGH THE IMPOSITION OF SPECIAL ASSESSMENTS UPON
REAL PROPERTY SPECIALLY BENEFITTED THEREBY; PROVIDING
THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE
MADE; DESCRIBING THE LANDS UPON WHICH THE SPECIAL
ASSESSMENTS SHALL BE LEVIED; DIRECTING THE ENGINEERING
DEPARTMENT TO ADVERTISE THE HARBOR OAKS BRICK
STREETS SURFACING PROJECT FOR BIDS; PROVIDING FOR
CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
SECTION 1. FINDINGS. It is hereby ascertained, determined and
declared that:
(A) The City of Clearwater (the "City ") is currently improving City utility
infrastructure in and around Jeffords Street and has recently advertised a project for bid
to improve City utility infrastructure in and around Magnolia Drive, namely in the historic
Harbor Oaks platted subdivision.
(B) In relation to the construction projects referenced above, the Harbor Oaks
Neighborhood Association requested the City to surface streets with bricks, not asphalt,
in the historic Harbor Oaks subdivision as recorded in Plat Book 03 -65 of the Official
Records of Pinellas County and outlined in Exhibit "A" attached hereto.
(C) In accordance with the City Council Brick Street Policy ( "Policy ") adopted
September 3, 2015, and attached hereto as Exhibit "B ", the Engineering Department
conducted a poll which included a non - binding estimate to all property owners of the
historic Harbor Oaks subdivision, of which the responses met the fulfillment threshold
outlined in the Policy as being in favor of brick streets and the establishment of a
preliminary assessment roll.
(D) In light of the favorable poll results, the City Council of the City (the "City
Council ") intends to proceed with construction of the capital improvements associated
with brick surfacing of the streets in the Harbor Oaks subdivision (the "Improvements ").
(E) It is in the best interests of the City and the real property specially
benefitted by the Improvements to fund the costs associated therewith through the levy
Resolution No. 16 -02
of special assessments, sometimes referred to as non -ad valorem assessments (the
"Assessments ").
(F) The City is empowered by Chapter 27 of the Clearwater Code (the
"Assessment Ordinance ") to plan, acquire and construct the Improvements and to
impose, levy and collect the Assessments to pay costs associated therewith.
SECTION 2. INTENT. The City Council hereby declares its intent to
perform the work of surfacing streets with bricks in the Harbor Oaks subdivision.
SECTION3. SCOPE AND NATURE OF IMPROVEMENTS. The scope
of the Improvements shall include, but not be limited to, new brick surfacing for streets
and roads, sand, curbs, bedding, leveling material, labor and equipment, less the cost
for installation of a two inch thick asphalt surface, as depicted in the map attached
hereto as Exhibit "A ".
SECTION 4. PRELIMINARY COST ESTIMATE. The preliminary cost
estimate for completion of the Improvements is $1,900,000 which includes engineering,
design and overhead costs; contractual costs; direct city labor and material construction
costs; general city administrative costs as a fixed percentage of the other total costs;
materials and construction costs; costs associated with developing and collecting the
Assessments, and other necessary or incidental expenses.
SECTION 5. ASSESSMENTS. The City Council hereby expresses its
intent that all or substantially all of the costs associated with the Improvements shall be
funded by Assessments levied upon on all lots and lands adjoining and contiguous or
bounding and abutting upon the Improvements or specially benefited thereby. A
depiction of the real property subject to the Assessments is included in Exhibit "A"
attached hereto. The City Council may determine in its sole discretion to contribute
legally available funds of the City to pay a portion of the costs of the Improvements;
provided, however, that such contribution shall not exceed 20% of the total costs of the
Improvements. Any such determination shall be made by supplemental resolution of the
City Council.
SECTION 6. APPORTIONMENT. Assessments will be imposed
upon each tax parcel adjacent to or abutting the Improvements. The Assessment for
each parcel shall be calculated based upon (a) the linear footage of the parcel adjacent
to the Improvements, and (b) the square footage of the paved street adjacent to each
parcel. Such system of apportionment fairly and reasonably allocates the costs and
benefits of the Improvements among real property specially benefitted thereby.
SECTION 7. DURATION AND COLLECTION OF ASSESSMENTS. At
the conclusion of the public hearing contemplated by Section 27.05 of the Assessment
Ordinance, owners of tax parcels subject to the Assessments shall have the opportunity
to pay the Assessment in full and thereby avoid annual interest and collection costs.
Assessments which are not paid in full shall be collected in a series of annual
installments over a period not to exceed ten (10) years or as otherwise provided by
2 Resolution No. 16 -02
resolution of the City Council. Each annual installment shall include interest at a rate
determined by resolution of the City Council and a pro rata share of annual collection
and administration costs, and may be payable at the same time and in the same
manner as ad- valorem taxes and collected pursuant to Section 197.3632, Florida
Statutes, or by any other manner authorized by law and the Assessment Ordinance.
SECTION 8. CONSTRUCTION BIDS. The Engineering Department is
hereby directed to advertise for bids for construction of the Improvements, including the
number and title of this Resolution, in accordance with Section 27.03(2) of the
Assessment Ordinance.
SECTION 9. ADDITIONAL ACTIONS. City staff is hereby authorized and
directed to take such additional actions as may be required by the Assessment
Ordinance in order to levy and collect the Assessments, including but not limited to
preparing a preliminary assessment roll.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect
immediately upon adoption.
PASSED AND ADOPTED this 21st day of January, 2016.
Approved as to form:
Pamela K. Akin
City Attorney
3
— cturw■ ek-do
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
Resolution No. 16 -02
EXHIBIT A
0
M
M
00
M
711 O
�1'
DRUID1RD W
L HAMILTON CRES
CO
N
N
M 714
a
-c:
Jt, /800
820
co
O
N
90F ,
O
M
O
C')
M
N
M
0
Vs-
N
Ch !C4
CV
Dr)
M
800
O
O
O
CO ! CO c}
CV
V. d'
I EWA
820
0
M
CO
M
r,
O
M
o
Cr) M
O
M
a
_
Cr)
N
M
0 0
a
O
O
O
MAGN I LA —DR
N
Ns-
O
N
C)-
900
908'
1020
1100:
0
1106
1112
/1001
N
M
V-
M
M
C')
vs-
M
O
M
1006
O
Proposed Brick Paver Extent
p
Cr)
rn
1000
1051
et
`�°
et
420
1424 l
428
430
1040
M
C')
M
O
M
N
M
M
N
C')
N
M
C')
C')
C')
C')
C')
O
JEFFORDS ST
C')
O
C)
O
Cr)
N
1100
N
O
S FORT HARRISON AVE
S
Scale: N.T.S.
u Prepared by:
Clearwater Engineering Department
Geographic Technology Division
too S. Myrtle Ave, Clearwater, FL 33756
Ph: (727(562-4750, Fax: (727(5264755
www.MyC lea note r.com
Proposed Brick Paver Extent
p
�_
Property Owners Affected
p rty
Map Gen By: MBK
Date: 01/06/2016
Reviewed By: SR
Document Path: S: \Engin \Harbor Oaks Brick Street Petition \Maps \ExhibitA.mxd
EXHIBIT "B"
CITY COUNCIL POLICY
BRICK STREETS
The purpose of this policy is to provide a means by which residents that currently own property on
an asphalt street or deteriorated existing brick street can obtain a brick street without unduly
burdening the city's limited street repair funds. The intent of the policy is to define who bears the
cost for the brick street surface upgrade.
The City is responsible for the maintenance of streets to insure vehicular and pedestrian safety,
and improve and maintain ride - ability. The typical practice for road resurfacing is an asphalt
overlay on an existing asphalt road. The Engineering Department has a budget for the
maintenance of such roads. The life span of an asphalt road is approximately 10 - 15 years. The
life span of a properly installed brick street is estimated to be 40 - 50 years.
Property owners residing within an easily delineated neighborhood within the city may
request the City to resurface their street(s) with brick. The petitioning process and the cost -
sharing principles for such action are described herein.
For the purpose of this policy, two categories for street bricking have been identified. The
assessment to contiguous property owners will be determined based upon the category that fits the
proposed street. The two categories are:
A. Existing Brick Street
This category includes all existing brick streets. On many of these streets the condition of
the road base underlying the brick surface has deteriorated. Historically, the original brick
roads were built upon existing sandy soil that has allowed the brick to shift and settle over
time, creating an undesirable road surface.
To achieve a satisfactory road surface, the existing bricks must be removed and a proper
road base installed. Since some loss of bricks occurs during the removal and reclamation
process, there will not be a sufficient quantity of bricks remaining to be immediately
replaced in the roadbed.
Property owners on these streets may request the City to remove the existing bricks and
replace them with new clay street bricks by requesting the City to petition all property
owners on the street(s). The clay bricks removed will be reclaimed by the city and stored
for future use in other areas of the city. In this case, an assessment will not be levied on
the property owners because of the pre- existence of clay bricks.
B. Existing Asphalt Street
Residents may request the City to replace an existing asphalt street with new street bricks by
requesting the City to petition all property owners on the street(s).
The cost for the bricking project will be calculated and will include the costs of new street
bricks, sand, curbs, bedding, leveling material, labor and equipment; less the cost for
installation of a two inch thick asphalt surface.
The net cost will be assessed to each property owner based on the linear footage of property
frontage or other basis consistent with Chapter 27 Clearwater Code of Ordinances, Chapter
170 Florida Statutes or other applicable laws.
The following procedure will be used by property owners and the City in upgrading existing asphalt
streets in a residential or commercial area:
A. Property owners may request the City to replace the existing street surface with new clay
street bricks by requesting the City to petition all property owners on the street(s). For
existing brick streets the petition results must show positive interest of a majority
(51 %) of property owners owning property on the street (or neighborhood) to be bricked. For
existing asphalt streets the petition results must show positive interest of 65% of property
owners owning property on the street (or neighborhood) to be bricked. The City
petition process will be conducted so that 100% of the property owners
on the proposed street(s) have been informed of the petition and the potential impact it
may have on their property. A good faith attempt will be made to notify all property
owners of the petition, i.e. registered letter or certified mail. Petitions not returned to the City
within 30 days of receipt will be considered as a negative response.
The petition will include the following information and statements (see sample in Appendix
A):
1. Identification of the area to include street names and lots or properties within the area.
The proposed street must be at least one block long, i.e. intersection to intersection.
2. A statement indicating that the individual signing a petition recognizes that there
may be a cost increase borne by them through a special assessment program, if the
petition is approved by the City of Clearwater. A preliminary non - binding cost
estimate for each property will be included with the petition form.
3. Signatures of individuals or entities owning property within the designated area.
Signatures of persons or entities renting or leasing property will not be considered.
B. The Engineering Department will review the request to identify issues that may relate
to public safety, health and welfare. The Department will either recommend approval
with conditions as necessary or reject the request if it is deemed invalid or not
suitable due to public health, safety or welfare reasons.
C. For existing asphalt streets, if the 65% approval threshold is met the City will proceed with
final design and obtain actual bid prices for the work. If the actual bid price is greater than
10% more than the preliminary estimate the City will conduct a second petition process to
confirm that there is still a 65% approval to start the assessment process (see sample in
Appendix B).
D. Implementation of the special assessment will comply with Chapter 27 Clearwater Code of
Ordinances, Chapter 170, Florida Statutes, or other applicable provisions of law. The. City
will coordinate the installation of new street bricks and curbing with the imposition and
levy of the special assessments.
E. Upon approval of the special assessment by the City Council, the Engineering Department
will hold a coordination meeting between the appropriate City staff and the property
owners in order to establish installation schedules and procedures.
It is the responsibility of City staff to prioritize requests when multiple requests for petitions have
been submitted. The Engineering staff first will determine when the street is anticipated to be
scheduled for resurfacing based on the latest Pavement Condition Survey. Priority will be given to
those requests for roads that have the lowest Pavement Condition Index. Additionally, streets
with scheduled underground utility projects which would necessitate complete resurfacing would be
prioritized based on the scheduled date of the utility project.
All street bricking requests will be subject to the availability of interim funding. In the situation
where there are more requests than funds available, the proposed requests will be delayed
until sufficient funds are available.
The following brick types are acceptable for this policy:
New Clay Brick Pavers:
8 "L x 4 "W x 2 3/4" min. H heavy vehicular clay paving brick,
meeting ASTM C 1272, Type F as manufactured by Pine Hill
Brick or equal as determined by the Engineering Department.
Color will be determined jointly with city staff and the area
property owners from an approved City color palette.
The developer of a new subdivision may elect to install brick streets. However, installation costs in
new subdivisions are required to be paid by the developer at the time of installation and will not be
assessed to the individual lots. The developer is required to follow City of Clearwater Engineering
Standards for brick road installation.
APPENDIX A
INITIAL BRICK STREET POLICY PETITION
The purpose of this form is to provide a means by which residents may request the City of Clearwater
to install an upgraded brick street surface in place of asphalt or replace a deteriorated existing brick
street. This form is to be utilized in conjunction with the City of Clearwater's Brick Street Policy adopted
by the City Council on September 3, 2015. Each person or entity listed on the deed will receive a
petition.
As outlined in the Brick Street Policy, the additional costs of upgrading from an asphalt street to a brick
street will be assessed to the property owners with property adjacent the proposed brick street. The
net cost, as determined by the City, will be assessed to each property owner based on the Brick Street
Policy. Specific costs will be determined prior to City Council adoption of the final assessment roll.
There will be no assessment levied in the case of upgrading an existing brick street. Included in this
petition is an estimate of the proposed cost for this property.
Street Name:
From Cross Street: To Cross Street:
Including frontage along Street
understand, by my checking the "Yes" box below, that the purpose of this petition is to demonstrate
my support of the installation /restoration of brick on the proposed street. I also understand that the
cost associated with this upgrade will be borne by myself and other property owners on the proposed
street. Furthermore, I also understand that by signing this petition, I am authorizing the City of
Clearwater to proceed with the establishment of a preliminary assessment roll and I am in no way
obligated to accept this assessment at this time. I understand the estimate listed below is preliminary
only and may be adjusted up or down based upon actual construction bid results.
Property Owner Name:
Property Address:
Property Owner phone number:
Street Square Footage (this property only):
Preliminary Price per Sq. Ft.:
Preliminary Assessment/Cost
(this property only):
Property Owner Signature
please provide
please sign
❑ Yes, I am interested in proceeding based on the information and
preliminary costs provided.
❑ No, I am not interested in proceeding based on the information
and preliminary costs provided.
Please submit this petition to:
City of Clearwater - Engineering Department
Attn: Scott Rice, Assistant Director
P.O. Box 4748, Clearwater, FL 33758
(stamped envelope provided for your convenience)
Petitions must be returned bv: DAY, Month Date, Year
APPENDIX B
SAMPLE SECOND BRICK STREET POLICY PETITION
The purpose of this form is to provide a means by which residents may request the City of Clearwater
to install an upgraded brick street surface in place of asphalt or replace a deteriorated existing brick
street. This form is to be utilized in conjunction with the City of Clearwater's Brick Street Policy adopted
by the City Council on September 3, 2015. Each person or entity listed on the deed will receive a
petition.
As outlined in the Brick Street Policy, the additional costs of upgrading from an asphalt street to a brick
street will be assessed to the property owners with property adjacent the proposed brick street. The
net cost, as determined by the City, will be assessed to each property owner based on the Brick Street
Policy. Specific costs have been determined based on the project design and actual construction bids.
Street Name:
From Cross Street: To Cross Street:
Including frontage along Street
I understand, by my checking the "Yes" box below, that the purpose of this petition is to demonstrate
my support of the installation /restoration of brick on the proposed street. I also understand that the
cost associated with this upgrade will be borne by myself and other property owners on the proposed
street. Furthermore, I also understand that by signing this petition, I am authorizing the City of
Clearwater to proceed with the establishment of a preliminary assessment roll and I am in no way
obligated to accept this assessment at this time. I understand the cost below is for this property based
on the project design and actual construction bids.
Property Owner Name:
Property Address:
Property Owner phone number:
Street Square Footage (this property only):
Preliminary Price per Sq. Ft.:
Preliminary Assessment/Cost
(this property only):
Property Owner Signature
please provide
please sign
❑ Yes, I am interested in proceeding based on the information and
preliminary costs provided.
❑ No, I am not interested in proceeding based on the information
and preliminary costs provided.
Please submit this petition to:
City of Clearwater - Engineering Department
Attn: Scott Rice, Assistant Director
P.O. Box 4748, Clearwater, FL 33758
(stamped envelope provided for your convenience)
Petitions must be returned by: DAY, Month Date, Year