95-58BM &O DRAFT #3
06/27/95
` #2518
RESOLUTION NO. 95 -58
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, DETERMINING, IN ACCORDANCE WITH
SECTION 27.03, CODE OF ORDINANCES OF THE CITY, TO MAKE
SPECIAL ASSESSMENT IMPROVEMENTS AUTHORIZED BY SECTION
27.03, CODE OF ORDINANCES OF THE CITY;. STATING TOE
NATURE, LOCATION AND ESTIMATED COSTS OF THE PROPOSED
IMPROVEMENTS; PROVIDING THAT ALL OF THE COSTS THERE(7F
SHALL BE PAID BY SPECIAL ASSESSMENTS AND THAT NO PART OF
SUCH COSTS SHALL BE AND PAID FROM THE GENERAL FUND OR
OTHER FUNDS OF THE CITY OF CLEARWATER; IDENTIFYING THE
PARCELS UPON WHICH SPECIAL ASSESSMENTS ARE PROPOSED TO BE
LEVIED; SETTING FORTH THE MANNER IN WHICH SAID ASSESS-
MENTS SHALL BE MADE; SETTING FORTH THE MANNER IN WHICH
SUCH ASSESSMENTS ARE TO BE PAID; PROVIDING FOR CONFLICTS
AND FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission (the "Commission ") of the City of
Clearwater, Florida (the "City ") desires to make the public
improvements described herein and to levy special assessments to
pay the costs thereof; and
WHEREAS, the City Finance Department, in conjunction with the
City Engineering Department and Public Works Department, has
prepared and filed with the City Clerk a Preliminary Assessment
Roll for the electric transmission line burial program in the City
of Clearwater, Pinellas County, Florida, dated June 27, 1995, and
accompanying materials (the "Preliminary Assessment Roll "), which
is attached hereto as Exhibit A and incorporated herein by this
reference, which Preliminary Assessment Roll includes, among other
things, the following items required by Section 27.03, Code of
Ordinances: (i) a list of properties (by parcel number) to be
assessed showing the area to be assessed, (the "Assessment Plat ") ,
and (ii) an estimate of the cost of the improvements, which is
incorporated herein by this reference (the "Cost Estimate "); and
WHEREAS, the Preliminary Assessment Roll and the Cost Estimate
have been presented to the meeting at which this resolution is
adopted and shall be available for inspection by the public at the
office of the City Clerk; and
WHEREAS, it is now appropriate to adopt this resolution in
order to comply with Section 27.03, Code of Ordinances of the City;
RS-S�S
NOW, THEREFORE, be it resolved by the City Commission of
Clearwater, Florida that;
SECTION 1. Determination to Make Special Assessment Improve-
ments
It is hereby determined that, subject to further compliance
with the requirements of Chapter 27, Code of Ordinances of the
City, the City shall make, or cause to be made, the special
assessment improvements hereinafter described (the "Project ") . The
Project shall consist of (a) the burying of existing electric power
transmission lines, related utility transmission lines and related
facilities and (b) the replacement of street light poles and lights
along Gulf Boulevard within the municipal limits of the City. The
Project will be completed on behalf of the City by Florida Power
and Light Co., a publicly regulated utility agency.
SECTION 2. Costs of the Project.
The estimated cost of the Proje ^t as detailed in the Cost
Estimate is $1,400,000. That estimated cost includes, but is not
limited to, all administrative expenses anticipated to be incurred
by the City, the cost of construction or reconstruction, the cost
of all labor and materials, financing costs, if any, cost of plans
and specifications, surveys of estimates of costs and of revenues,
cost of engineering and legal services, other expenses necessary or
incident to determine the feasibility or practicability of
construction of the Project, and such other expense as may be
necessary or incident to the financing of the Project, including
but not limited to legal, administration and contingency costs.
SECTION 3. Determination to Levy Special Assessments.
Those non - governmentally owned lands set forth on the
Preliminary Assessment Roll and the Assessment Plat, and lying
within the corporate municipal limits of the City on Sand Key are
hereby designated the City of Clearwater Special Assessment
District 95 -1 (the "District01). All costs of the Project are to be
paid by special assessments to be levied on parcels of real
property in the District which are to be specially benefitted by
the Project and no part of the costs thereof shall be paid from the
General Fund or other funds of the City. The City proposes to
issue bonds or obtain a loan to finance the estimated costs of the
Project pending collection of such special assessments.
SECTION 4. Designation of the Lands Upon Which Special
Assessments Shall be Levied.
The Commission finds that only those parcels of real property
which are included in the District will be specially benefitted by
the Project and it is fair, reasonable and just to levy assessments
against parcels in the District for the full estimated cost of the
(_� s__ s 9
�,: 't
Project. The parcels of land which will be specially benefitted by
the Project and upon which the special assessments shall be levied
are those lots and parcels of land being included in the District.
SECTION 5. Manner in Which Costs Shall be Allocated to Bene-
fited Parcels for Purposes of Assessments.
The City hereby finds and determines, after considering
various possible methods of allocating the costs of the Project
among the specially benefitted parcels, that the special benefit to
be derived by the respective parcels bears a reasonable relation-
ship to the assessable value (as defined in Section 27.01, Code of
Ordinances of the City) of the specially benefitted parcels and
hereby determines that the amounts to be assessed against the
respective specially benefitted parcels be calculated by allocating
the estimated cost of the Project among the assessable value of the
parcels in the District according to the percentage each such
parcel's assessable value bears to the total assessable value of
all parcels in the District. Each properties assessed value shall
be determined by the Pinellas County Property Appraiser as of
January 1, 1994. Based on the foregoing, the allocation of net
estimated costs of the Project among the parcels in the foregoing
manner is hereby determined by the Commission to be an equitable
method of determining the special benefits which the respective
assessed parcels in the District will derive from the Project.
SECTION 6. Manner of Payment of Assessments.
The City proposes to issue bonds or to obtain a loan to
finance the Project pending the collection of special assessments.
The bonds or loan shall bear interest at a rate not to exceed the
maximum rate of interest allowed by law and the special assessments
shall bear interest at a rate not to exceed two percent (2 %) above
the rate of interest born by the bonds or loan, all as to be
determined prior to or upon the adoption of the final assessment
resolution. The Commission by a resolution to be adopted following
the equalization hearing to be held pursuant to Section 27.03, Code
of Ordinances, may permit the assessments to be prepaid in whole or
in part, and may by such resolution, determine the time or times at
which such assessments may be prepaid. By said resolution the
Commission shall establish the dates for the payment of such
installments and other details relating thereto.
SECTION 7. Proposed Method of Collecting Assessments.
The City proposes to collect the special assessment by
utilizing the uniform method of collecting non -ad valorem
assessments authorized by Section 197.3632, Florida Statutes.
Cs
SECTION 8. Acceptance of Preliminary Assessment Roll.
The preliminary assessment roll for the project, a copy of
which is attached hereto as Exhibit A, is accepted, subject to such
changes as the City Commission may approve at the conclusion of the
public hearing required by Section 27.05, Code of Ordinances of the
City.
SECTION 9. Conflicts and Severability.
All resolutions or parts thereof which conflict herewith are,
to the extent of such conflict, superseded and repealed. In the
event that any portion of this Resolution is found to be unconsti-
tutional or improper, it shall be severed herefrom and shall not
affect the validity of the remaining portions of this Resolution.
SECTION 10. Effective Date.
This resolution shall become effective immediately upon its
adoption.
Passed and adopted by the City Commission of the City of
Clearwater, Florida, this 20th day of July , 1995.
4
(SEP_L) By: i
Mayor
ATTEST:
C1q Clerk
Approved as to form and
correctness:
CAttorne
Y Y
4