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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