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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 2 If "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 11 ,: . 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 ¦ • r 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. 6 I (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. 7 AMU r (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. 8 Adk f (2) Conditions for extending service, Water service shall be extended i when: 1 (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 A }A 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 9 sys? 9,3 R