95-69RESOLUTION NO. 95 -69
RESOLUTION APPROVING MUNICIPAL PUBLIC
IMPROVEMENTS SPECIALLY BENEFITTING PROPERTY IN
THE CITY OF CLEARWATER SPECIAL ASSESSMENT
DISTRICT NO. 95 -1 AND LEVYING SPECIAL
ASSESSMENTS FOR THE COST THEREOF ON PROPERTY
IN SAID DISTRICT WHICH IS SPECIALLY BENEFITTED
BY SUCH MUNICIPAL PUBLIC IMPROVEMENTS;
EQUALIZING SUCH SPECIAL ASSESSMENTS,
CONFIRMING THE FINAL ASSESSMENT ROLL AND
LEVYING SUCH SPECIAL ASSESSMENTS; CONFIRMING
THE CITY'S INTENTION TO ISSUE BONDS TO FINANCE
SUCH MUNICIPAL PUBLIC IMPROVEMENTS PENDING
COLLECTION OF SUCH SPECIAL ASSESSMENTS AND TO
ISSUE ITS SPECIAL ASSESSMENT IMPROVEMENT BONDS
TO EVIDENCE ITS LOAN OBLIGATIONS; PROVIDING
FOR SEVERABTLITY; PROVIDING FOR CONFLICTS;
PROVIDING CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, AS FOLLOWS:
SECTION 1. Authority For This Resolution. This Resolution is
adopted pursuant to (a) Article VIII, Section 2, Florida
Constitution, (b) Chapter 166, Florida Statutes, (c) the City
Charter of the City of Clearwater, Florida and (d) Chapter 27, Code
of Ordinances of the City of Clearwater, Florida.
SECTION 2. Findings. The City Commission (the "Commission ")
of the City of Clearwater, Florida (the "City "), hereby finds and
determines as follows;
(a) The City is a municipality of the State of Florida
located in Pinellas County and has been granted powers of home rule
by Article VIII, Section 2 of the Florida Constitution and by
Chapter 166, Florida Statutes; and
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(b) The City is authorized under its home rule power, by the
City Charter and by Chapter 27, Code of Ordinances of the City to
,levy special assessments for certain public `works projects and to
issue special assessment improvement bonds, payable from such
special assessments to finance such public improvements pending
collection of such special assessments; and y
(c) Pursuant to Section 27.03, Code of Ordinances of the City
of Clearwater, the City Commission (the "Commission ") of the City
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of Clearwater, Florida, (the "City ") duly adopted Resolution No.
95 -58 on July 21, 1995 (the "Intent Resolution "), expressing an
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intention to levy special assessments (the "Special Assessments ") ;
describing therein the public improvements (the "Project ")
consisting 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; and
setting forth the Project Cost Estimate for such Project.
(d) Pursuant to Section 27.04, Code of Ordinances of the City
of Clearwater and at the time the Intent Resolution was adopted,
there was on file with the City Clerk a Preliminary Assessment Roll
prepared by the City Finance Department, in conjunction with the
City Engineering Department and Public Works Department, dated June
27, 1995, and accompanying materials (the "Preliminary Assessment
Roll "), which included, 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
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assessed (the "Assessment Plat "), which area was designated as the ?
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City of Clearwater Special Assessment District No. 95 -1 (the
"District ") and (ii) the Project Cost Estimate.
(e) Upon completion of the Preliminary Assessment Roll, the
Commission, pursuant to Section 27.05, Code of Ordinances of the
City, duly adopted Resolution No. 95 -59 (the "Public Hearing j
Resolution ") which fixed the date, time and place of certain public
hearings as to the Project, the Special Assessments and related
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matters;
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(f) Notices of such public hearing were duly mailed and
published in accordance with Section 27.05, Code of Ordinances of
the City, and as required by the Public Hearing Resolution;
(g) At the time, place and date specified in the notices
referred to in paragraph (f) above, the Commission conducted such
public hearing, heard testimony from all persons in attendance who
requested an opportunity to testify, reviewed any written
objections filed with the Commission as to the matters described in
paragraph (e) above; and
(h) Having considered such testimony, any written objections
filed with the Commission and other evidence presented at such
public hearing, the Commission hereby finds and determines that:
(i) The Project is a Municipal Public Improvement
consisting of the costs of (a) the burying of existing
electric power transmission lines, related utility
transmission lines and related facilities and (b) the
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replacement of street light poles and lights along Gulf
Boulevard within the municipal limits of the City; and
(ii) The City's actions to authorize the Project
commenced following the request by a majority of the residents
of the District responding to a ballot submitted to them by
the Sand Key Civic Association for the City to cause the
overhead power transmission cables and related utility lines
to be buried in an effort to improve the District and to
increase the safety of the residents and commercial
establishments of the District, that the existence of overhead
power transmission cables and related utility lines pose a
serious threat to the health and safety of the residents and
users of the commercial establishments of the District in the
event of a storm with high winds, such as Hurricane Andrew and
Erin, in that such lines are subject to be downed in a storm
increasing the chance of electrocution of such residents and
removing the ability to deliver electrical power to the
District in the event of an emergency occasioned by such a
storm, that such storms are occurring more frequently, and
that these problems can be resolved through the burial of such
lines underground; and
(iii) The amount of the cost of the Project is
reasonable; and
(iv) It is reasonable, proper, just and right to assess
parcels in the District for the full estimated cost of the
Project together with a pro rata portion of the cost of
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issuing and securing bonds to be repaid from the proceeds of
the Special Assessments, including capitalized interest on the
bonds, against the parcels of real property shown on the
Assessment Plat, which parcels collectively constitute the
"District "; the Project will constitute a special benefit to
each such parcel of real property. No portion of the costs of
the Project are to be paid by the General Fund or other funds
of the City, other than from Special Assessments (and from the
proceeds of loans to be evidenced by bonds); and
(v) Having considered prorating the Special Assessments
on the basis of a variety of possible proration methods, the
City confirms its determinations that the special benefit to
be derived by the respective parcels bears a reasonable
relationship to the assessable value (as defined in Section
27.01, Code of Ordinances of the City) of the specially bene-
fitted parcels; 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;
with each property's assessed value to be determined by the
Pinellas County Property Appraiser as of January 1, 1994; and
that the allocation of net estimated costs of the Project
among the parcels in the foregoing manner is an equitable
method of determining the special benefits which the
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respective assessed parcels in she District will derive from
the Project;
(vi) it is desirable to finance the costs of the Project
(including financing costs associated with issuance of bonds),
pending the collection of the Special Assessments, by
obtaining bank loans and /or issuing bonds in an aggregate
principal amount not to exceed the aggregate principal amount
of the Special Assessments to evidence that loan obligation;
and
(vii) it is desirable that the special assessments be
paid in ten (10) equal (or as equal as reasonably possible)
annual installments consisting of principal and interest
payable, commencing with the March 1, 1997 ad valorem tax
bill, and on each March 1 thereafter with the City using the
uniform method of collection of non -ad valorem assessments
pursuant to Section 197.3632, Florida Statutes.
(i) The Commission then sat as an equalizing board, heard and
considered any complaints as to the Special Assessments to be
levied against specific parcels of real property, adjusted and
equalized the assessments pursuant to law, directed the City
Finance Department, in conjunction with the City Engineering
Department and Public Works Department, to prepare a Final
Assessment Roll by modifying the Preliminary Assessment Roll to the
extent, if any, necessary to reflect the assessments as so adjusted
and equalized, and directed that such Final Assessment Roll be
filed with the City Clerk;
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(j) The City Finance Department, in conjunction with the City
Engineering Department and Public Works Department, has prepared
and filed with the City Clerk the Final Assessment Roll, a copy of
which is attached hereto as Exhibit A;
(k) It is now necessary and desirable to approve the Final
Assessment Roll and to take the other actions set forth herein.
SECTION 3. Authorization of Project. The Project is hereby
authorized and approved. The municipal public improvements which
comprise 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 proper officers, employees and agents of
the City are hereby authorized and directed to take such further
action as may be necessary or desirable to cause the same to be
constructed. Florida Power Corporation is hereby designated,
pursuant to their cost estimate, as the public utility to perform
the work constituting the Project, and the City Manager, or her
designee, are hereby authorized to award the contract for such work
to Florida Power Corporation.
SECTION 4. Total Estimated Cost of Project. The estimated
cost of the Project is equal to the total principal amounts of the
Special Assessments shown on Exhibit A hereto.
SECTION 5. Equalization Confirmation and Levy of Special
Assessments. The Special Assessments on the assessed parcels, as
shown on the Final Assessment Roll attached hereto as Exhibit A,
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are hereby approved, confirmed and levied, subject however, to the
successful validation of the bonds as contemplated in the Ordinance
authorizing issuance of the bonds to finance the Project pending
collection of the special assessments authorized herein. Promptly
following the adoption of this resolution, those Special Assess-
ments shall be filed in the office of the City Clerk, and such
Special Assessments shall stand confirmed and remain legal, valid
and binding first liens upon the property against which such
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Special Assessments are made until paid; such lien shall be coequal
with the lien of all state, County, district and municipal taxes,
superior in dignity to all other liens, titles, and claims.
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SECTION 6. Payment of Special Assessments and Method of
Collection.
(a) Any person having any right, title, or interest in any
assessed parcel, may prepay the assessment thereon in whole but not
in part, as hereinafter provided.
(i) The Special Assessment on any parcel may be prepaid
in full (at an amount equal to eighty percent (80.0 %] of the
principal amount thereof), without interest thereon, at any
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time prior to the date subsequently specified by the City's
Finance Director for which not less than fourteen (14) days
notice is provided to each property owner, which date is not
less than ten (10) days before the date on which the bonds
secured by the Special Assessment are to be issued, whereupon
the lien of such Special Assessment shall be discharged.
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(ii) The balance due on the assessments may be prepaid
in full (at an amount equal to one hundred percent [100.0'x] of I
the principal amount thereof), at any time after the end of
the period specified in section 6(a)(i) above and before the
first annual Special Assessment installment becomes due, with
interest to the next succeeding date on which such prepayment
can be used to redeem the bonds secured by the Special
Assessment; provided that payment of annual installments and
interest earlier than due in any year shall not be discounted
for early payments.
(iii) Any prepayment paid pursuant to clause (i) above
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shall be applied by the City's Finance Director to the costs
of the Project. Any prepayment paid pursuant to clause (ii)
above, shall be held by the City's Finance Director until such
date the bonds are redeemed as the result of such prepayment.
(b) Each special assessment which is not paid in full as pro-
vided in paragraph (a) of this Section shall be payable in ten (10)
consecutive equal (or as equal as possible) installments consisting
of principal and interest. The first installment shall be due on
March 1, 1997, and each subsequent annual installment shall be due
on March 1 of each consecutive year thereafter. Following the date
of completion and acceptance of the Project by the City (the
"Acceptance Date ") , which is anticipated to occur prior to
September 1, 1996, the City shall by resolution either confirm the
amount of the assessment levied hereby or adjust the amount of such
assessment in the event the Project is completed for less than the
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Project Estimated Cost. Installments may be collected pursuant to
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and in accordance with the uniform method of levy, collection and
enforcement of non -ad valorem assessments set forth in Section
197.3632, Florida Statutes (1993), if elected by the City prior to
the issuance of the bonds.
(c) In the event the City does not elect to use such uniform
system of collection, then installments shall be billed by the
Finance Director of the City at least twenty (20) days prior to
their due date. Failure by the City to bill any installment or the
late billing thereof shall not relieve any parcel from liability to
make timely payment thereof and shall not relieve any parcel for
any late payment penalties which may become due. If any
installment of principal and interest is not paid in full when due,
there shall be added thereto, until paid, a penalty of one percent
(1 %) per month. If any installment of principal and interest or
any portion thereof is not paid when due, together with any
penalties applicable thereto, the whole Special Assessment, with
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interest and penalties thereon, shall be subject to acceleration
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and foreclosure by the City as provided in Section 27.06, Code of i
ordinances of the City and Chapter 197, Florida Statutes.
(d) The rate of interest payable on the Special Assessments
shall be one percent (1.0 %) [100 basis points] above the rate of
interest to be borne by the bonds which are secured by the Special
Assessment.
(e) in the case of any Special Assessment which is not pre-
paid in full as provided in paragraph (a) above, and which,
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therefore, has become payable in installments, as provided in para-
graph (b) above, the Special Assessment may be voluntarily prepaid
in whole at any time, provided that the amount so voluntarily
prepaid (subject to the provision of Section 6(g) hereof) shall be
the sum of the following:
(i) An amount equal to any installments of principal and
interest which have become due but which have not been paid,
plus late payment penalties, if any, which are applicable
thereto; plus
(ii) An amount equal to the unpaid principal of such
special assessment which is not yet due and is to be prepaid;
and
(iii) An amount equal to all interest which has accrued
through the date of such prepayment until the earliest date on
which such prepayment amount can be used to redeem bonds
(subject however, to a credit for any interest to accrue
during any part or all of the period described in this clause
(iii) for which payment has actually been made by the
prepaying property owner).
(f) The City's Finance Director shall, prior to September 1
of each year, commencing September 1, 1996 if the City elects to
utilize the uniform method of collection pursuant to Section
197.3632, Florida Statutes, or January 20 of each year, commencing
January 20, 1997 if the City elects to collect the Special
Assessments, determine the amount of each annual installment of the
Special Assessment in accordance with the following formula:
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(x y) z ?
For purposes hereof;
x = each property Owner's unpaid Special Assessment;
y = total amount of all unpaid Special Assessments as of the
respective date of calculation (i.e., September 1 or
January 20);
z = principal amount of bonds scheduled to be retired (taking
into account any redemption of Bonds resulting from a
Special Assessment prepayment and allocated to the
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amortization installment or maturity amount to be due) on t
the principal payment date occurring in the year in which
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such installment of Special Assessment is due pursuant to
Section 6(b) hereof, together with interest (including
applicable administrative costs) on the aggregate
principal amount of Special Assessments unpaid as of the
date of calculation for a twelve month period.
(g) once the bonds secured by payments of the Special
Assessments have been retired in full, all unpaid Special
Assessments (other than any annual installment or mandatory
prepayment of the Special Assessment which has been previously
billed, regardless of whether by the City directly or through the
uniform method of collection pursuant to Section 197.3632, Florida
Statutes, but unpaid and delinquent) shall be thereupon canceled
and the Special Assessment shall be released by the city as a lien
on the affected property. Notwithstanding the foregoing, any
billed Special Assessment amount not paid, and any amount of a
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Special Assessment previously subject to prepayment as hereinabove
provided but not paid, each as of the time the bonds are retired,
shall nevertheless remain a lien on the affected property until
paid in full.
(h) In the event the City elects to bill and collect the
Special Assessments itself rather than using the uniform method
authorized by Section 197.3632, Florida statutes, payments of
principal, interest and late payment penalties relating to each
Special Assessment received by the City shall be recorded as a
credit on the appropriate records of the City. The City shall keep
records of the identity of the person making such payment. If any
amounts so received by the City are recovered by a Trustee in
Bankruptcy of the person who made any payment under the "claw back"
provision of the Bankruptcy Act, such recovery shall likewise be
recorded on such records and the amount so recovered shall be
deemed to remain unpaid and outstanding and shall be secured by the
assessment lien on such parcel, and if such lien was discharged by
said payment, such lien shall automatically be restated upon
recovery thereof by such Trustee in Bankruptcy.
(i) Following the payment in full of the bonds secured by the
Special Assessment, and after taking into account any Special
Assessment canceled pursuant to section 6(g) above, the City's
Finance Director shall, within sixty (60) days following the
payment in full of such bonds, refund to the then owner of each
property in the District (except for those properties the owners of
which prepaid their Special Assessment pursuant to section 6(a)(i)
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hereof), a proportionate amount of all funds remaining on deposit
in any fund or account (other than funds transferred to the City's
General Fund representing administrative costs reimbursed to the
city) created for the Special Assessment or the bonds secured by
the Special Assessment, so that each property within the District
(exclusive of those properties the owners of which prepaid their
Special Assessment pursuant to section 6(a)(i) hereof) shall have
been assessed a relatively equal principal amount based on the
property value of such property as of January 1, 1994. Within
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sixty (60) days following the Completion Date for the Project, the
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City's Finance Director shall refund to each property owner who
prepaid their Special Assessment pursuant to section 6(a) (i)
hereof, the difference between the principal amount of their
prepayment and their proportionate actual final cost of the
Project.
SECTION 7. Platting of Parcels and Sale of Less Than All of
Assessed Parcel. The City may, by subsequent resolution, provide
for a method of apportioning the special assessment on any parcel
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upon its subdivision or sale and may provide for mandatory prepay-
ments of the portion of the assessment apportioned to any new
parcel.
SECTION S. Confirmation of Intention to Borrow Money and
Issue Bonds. The Commission hereby confirms its intention to
borrow funds to finance the Project pending the collection of the
Special Assessments and to issue a bond or bonds to evidence its
loan obligation. The bonds are to be authorized, issued and sold
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pursuant to a subsequent resolution to be adopted by the Commission
in compliance with Chapter 166, Florida Statutes, and other
applicable provisions of law.
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 unconstitutional or improper, it
shall be severed herein and shall not affect the validity of the
remaining portions of this Resolution.
SECTION 10. This Resolution shall become effective upon its
passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, THIS 7th DAY OF September , 1995.
CITY OF CLEARWATER,-FLORIDA
(SEAL) By:
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Mayor- Commissioner
ATTEST:
Cit Clerk
Approved as to form and
correctness:
City Attorney
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