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ORDINANCE 285ORDIMNCE NO, 285 BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI 0 ,q FLORIDAo 1 That,a This Ordimmee contains certain words and phrases with the following meanings implied and intended-. 1111111;11 Pill �l�illillill I sub - paragraph as harem sometimes termed. �Y � r 4� t ...:'. ' ,e1 i$i [i+ t " � .,r ^, �_ , • "' :A, .� . 1° ` : ' s s 7 tR . f 4.. . defines and is made in accordance with the provisions herein con- I s a public road,,, constructed on a prepared base, on or over a right of way designated as a street, boulevard., road, avenues lane, alleyp parkway, court, terraoe or place, A &jd®w",. A s a ward, smooth surfaced walkway, generally constructed of concrete, being laid parallel with the highway, between the curb line and the abutting property sine (known as the line.) .is a, pipe or chsmv e , to carry off excess water from rainfall o street wash and other wash waters and drainage, A 22 .. :s a group of storm sewers and may embrace pumping stations, outlet straxctures and other pertinent construction* aanIt . is an. underground pipe or channel in- tendod to carry san. 1tary sewage and may embrace punping stations, sift stab ®n$, outlet strictures and 01sposal plant layout, A k ..Is a mover disehargi lx)to another sewer, A X&J& 2 TL= SM ..As a sewer that receives sewage from many tributary branohee and sewers2, serving as an eutlOt fOr a Marge territory* M 2 = AMIPTA II 9.) The initial proaaading for a local improvement 3 out the Improvement,, Nothing herein cunt -aInead shall prevent the City Counoil from axalix .i g from), exk7 hI hway improvement that portion of the highway which has been Improved by any railroad or mW portion which the city may, under the. franohise or oontract with m ch rallroads require It to I 9roveo If the resolution shall order a water front, improvement or storm sewer improvements, It shall, designate the property which. the City Council deemeq will. be speeleAly benefited thereby, and, if a water front 11uprovom®nt be ordered, the resolution shall, desig- nate the property which the City Couneil deame will be specially benefited thereby® audo if a water front improvement be ordered, the resolution ,halal indioate the proportion thereof which ,heal be specially assessed -, A resolution may give any short and con - venieut designation to saoh improvement ordered thereby$, and the prpiperty against which the asmassment s :era made for the costs of such Improvement shall be designated as 9. district,, followed by a letter or na Wber or name to distinguish It from other districts, after which it shall be sufficient to refer to such Improvement and proparty by such desigmti.on in all proceedings, assessments a-ad bond q except in the notice provided by paragraph (c) of this section, (b) AR soon. as may be after the passage of said reso® c) The C itY FIRM9er, uPon the f it ing With h1m of such plamp specifications amd somata,, shall publish o.w.e in a newspaper of general c1roulation in the City of South Miami, a notice stating t1mt at a meetlngr of the City Council on a certain 4 day and krurg not earlier then ten days from such publi.caticn8 the City Cou nwi l will her the Qjeeticns of all Interested per- sons to the confirmation of said, reso .i�tions, which mono. shall state In brief and general terms, a description of the proposed Improvement with the location thereof, and shall also state that plane, specifications and estimates of costs thereof are on f Ile in the off l oo of ° .hn Si peri ntendent of Nblic Works, (d) At the time named in said notice, or to Mob a adjournment may be t eng tKCKY C OVM11 ball WCOIVO SMY objections ®f i1VTres ! ed ers yn sn qay then or thereafter Uqpe a or confirm said resolution. on. with such emenAment a e If anyp as My be desired by the CKY Counoi q and which do not obange Imo, way the location of the improvement or Improvements; prcvi dedo however, that such resol tion shall not then or thereafter be confirmed if It contains items which cannot be properly charged to the property owner v or if it 10v for any default or defect In the passage or slaracter of the resoluti ®n or estimated void ®r vold6ble In VON cr i.n Party or if it exceeds the power of the City CounclIq and if ary cbJecti.cn shall be Fade tc the resolution on MY such gponnd as provided by Article III: herecft (e) Within two (2) days after such ccnfirmati ng the resolution confirming same, tOgether with the estimates gab® mitteda shall be recorded by the City Manager in a special book to be kept for that purpose, which book shall be kmDwn € s ire. provement and assessment bock and which bock shall give the descripti,bn by lot and block num? er, pr other legs descripti va,, of all pieces of property Iffected therebyp together with the entim ted amount assessable against each parcel or lot or portion thereof which abut, upon or is benefi.tea by the Improvement or Improvements, mbi.ch Bald book shall be r" ed in such a way that a y person can readily ascertain the assessment against anw place of property affectedm ABTJ C I All objections to any Impro7ement resolution on the gray.mds that It contains items which coot be properly charged W to We property ownars 9 or that It A s for avy default or d. feat In the passage or character V t,ht resolut iOn ear 00timstea volt, or vold ble in whole or t.n parts or that it anooeds the power of thA legislative Wy of the awalc ip Atyg shall. be made In it ingo p "I 1 p arson or by attorney, aond filed witha. the City Manalyr at or before tho time or 0= 0, t,i�a�e off° sgjioh. Any objections against the making of an °i,mprovepcnt not so mado shall be con - sidered as walvedg mad If an objection Hall beaao��p�a��.de� +.�+p,�. over. - 158A�oed <Y.'G s�11.�'.Nll i!gnt 6Fe ��3�rfi1n Ha�'�.. �.:.��il:adt the �i)�.h��<��Jl.fS$Y.!¢f�i'r, Qn �.Filibn ��.�1 ". hce reennl& - Lion shaPall be the final adjudication of the IsSu.es arOsented, unless proper steps shall be ak n in a court of competent juris- diction to seauro relief within ten (10) clays, AZZINCIII&XI As soon as pr ctl0able after the confirmation off° awnu such resolution or ring work to be constraaotedo the City Mana- ger shall pvblISha at 10ast Onme$ in a powspaper of gyroral of r- culation in the City of South i ami $ and if Chao oatimate , cost exceeds Five Thousand Dollars ($Q000 , 0) m to a newspaper of general circulation t±haroughopt the Wtev a notice calling for sealed bids to be received by the MY CauV ll On a WO not earlser than fifteen (11) days from tAho firot publication in the local paper, or if said estimate exceeds Five Musard Dollar 05,000,00). in each of said two nkaspapers, for the construction, of the work, unless in such resolution W City Coun011 skean have declared its intention to have th o work Ans by City forces without con race e . The motice nsy refer in gonerel terms to the extent aad nature of the improvement or Improvements and may 1 dantify the same by the aborts designatlon Ind.icat ed. in the Initial resolution �:�� day � eforenoo to the plans WA OPOW�t.Oatim on filoo if the InWal resolution sh?All home given two or more alternative descriptions of the Improvement as to Its materi alt nature,, character and size, and, If the Ct. Y COUnAl shale not have baretofore determined upon a definite deso °iptiong than notice may call for bias upon each of suob doncriptionso NO oont rest ar sball be requirad, to take bonds, warrants, or cer® - 6 = tificates in payments but payment sbal1, be Mad.e In cash upon monthly estimates of the. liaperintende at of Public Works to the amount of ninety per cent (90 %) of such eetl ataS. and the balance due shall be paid In cash within sixty (60) days after acceptance of the work by the Citya and the said notice may state such cc "_ ditio as as to Payment, Bids may be requested for the work as a. wbale or for any part thereof separ atelyg and bids may be asked for any owe or more improvements authorIzed by the same or different rescluticnnn but any bid covering work upon more th-an Ore improvement sb.all be in ameh Form as to permit a separ%tioan, of cost as to eacb. 1qprovemanK The notice shall require bidders to file with Mir ido either a certified cheek upon an Incor- porated bank or trust company for Z % of the $Rmamnt of theIr respective Ads or a bid bond In like amount with corporate surety patisfa Cory to the City A for ey to Insure the exeeutto= of a. contract to carry out the work in acccrdaroe with such Pl Ons and specifications and t® Insure the filin9v at the makIA3 of such centractq of a bond In the amount of the contrast Price with muretles satisfa.ctcry fib® the City Mager, cc di,.ticned for Mahe performanoe of the work in accordanne with such. ccntra.cto The City Council shale have the right t® reject any and all bidsg aM if all bida are rejectedt the City Caancil may re-advertise or may determine to do the worR by City forces witbaut ccntracto After a contract aball hale been entered into for an Improvement elbraced in amy resolutions, ors if the City shall do the wort I ` selfg after an improvement authorized by aAy reso- lution shall have been completed, the Superintendent of MIN Works shall prepare a preliminary assessment rol 9d file the same with the City Managero which roll shall oontain the fol- lowing: (l) A devcription of the acts and parcele of land within the district, which, In the cave of water front, and storm sewer improve eMs. oh s. Include all property declared by the City Council In such Improvement resolution, to be spedally benefited tborebyq and In the case of other Improve- " 7 menu shall include lots and lands which abut upon the sides of that part of any higbway to he improved or In Mob a sanitary sewar9 except a ourb sewer, is to be laid and the lots and lands, which dbut upon that side or Map of any highway In or alo w ich ai.do or sides a sidewalk Is to be constructed or a sanitary ourb sewer Is to be laid, Suoh property, lots and lands shall inolude City Propertyq amA lapA within the City whieh abuts Rpon an Intersection as hereln dKi ed.a there ns'hr°4M, l also be given the name of the owner of each lot or parcel, where such can be ascer- tai.nedo and In all cases save story newer improvemertog a statO- mont of the nunber of feet of property so abutting which number of feet AM be known as tha frontageo (2) in came of highway improvements a description of any track or tracks of a railroad as herein defined already laid or for the laying of which any franchise shall hale been granteda within the portion of the highway or bigbwaye to be 1 roved.g giving the mumber of tracks, the distance between the tracks and the distance between tha rallSo (3) The total cost of the improvements which, if made by contracts shall be the price named therein or the price com- puted from unit prices named thereing taking into consideration miner changes and alterations found necessaryv but if the City shall do the work itself, the actual cost of said word, and in all cases the amount of incidental expenses, estimated ted. or acts al, IN HIGHWAY IMPROVEMENT (a) To amy railroad as herain defi,ned.s the track or tracks of which may be In or upon any portion of the higNs or Intersection to be Improved or to which any franchise for such track or traWs shall have been granted.g there shall be appor- tioned the cost of such improvement between the traoks and be- tween the rails of each track and for the distance of eighteen (18) Incbes beyond each outer r l g Inolud.i. ng switches and. turnouts; and when assessment of such a pportiomment shall have been confirmed against any such railroad, it shall oonsti.tute a lien upon all the franobises and property thereof to the same extent as other assessments herelu provided, for oonstituts liens Cal 8 — upon abutting or benefited property; provided, bowever, that where wiy sueb. railroad, shall operate or be about to operate unAAr any ordinance, contrant or franchise wh1ch provides for the amountp manDor and oondltlon of the ppymsnt of coot by snob railroad, the KregnlrZ provisioze as to such rallrrnA aball apply only to the extent the same may not be ineonslotert with cry such ordimznce, comtraot or frgachise, (b) Abutting properties within eaoh block shall be apportioned the cost of h1gbway Improvemnate at Intersections, except that part of suab Intersootion cost as to apportionod to railroadw The word "Intereeotion" shall be doomed to 1noluedIxy not only that part of a highwsiy tdhioh is common to another high- way, but also that portion of a highway which would be embraced within the extension, U exteDbedg K anotbar bigb ray entering Into It or meeting it® IN S1'OP'W_1U'F16 IMP ROVEMETUIS (0) To 9buttIng property shall be apportioned all the Coot of 01dawalk Improvement so the lots within a block being deemed to abut a sidawalkq although the letter extends beyond the lots to the curb line of an intersects Ag bigbwaye IN SANITARY SEWER IFFROVBMENTS (d) To each lot or par oel to the property or curb line of wb1ch a sanitary sewer lateral is Isia Vall be appor- tioned the cost of that lateral. (e) To abutOng prqperty shall be apportioned the cost of sanitw sewer from lamp hole at and, to its conneotmoix with as Intersecting main sewarg as sue h cost is estimated by the Superintenbent of Public Works, not Inoluding Us eont of lateralOo Qnping statlon, outlets and aooessory Installations shall be apportioned over the Assessment District in d1rect pro- portion of the total frovIngs in the District to the frontage of abutting property, Disposal Plant Inatallation cost shall be apportioned In dAreot ratio that the benefitea property shall bear to the entire area serviced (which may be the area of the City of South Miami.) Laterals shall be asoessed against the Autting property Q) To the Into and parcels within the district shall be apportioned the entire cost of the ImprovemO tS9 In- oluding gampirg st ,` ionag outlets and latermli, NAT ER FRONT IMPROVEMENTS (g) To the lots and parrels within the di€ mot shall be apportioned the entire cost of such water front Im- provements, ASSESSMENT OF INDIVIDUAL LOTS (h) °the RmouDt of the cost of water front I rove- mgffits and storm sewers, so apportiamad to lots and paroela of AAA shall in maid roll be assessed to the several dots and parcels within the district Im. the proportion which the Super - Intendant of Public Works deems to be the proportion of s Bola L benefits each such lot or parcel will rep elve9 and the c oa t. of cost of each highwayg sidewalk and san tart' sewer Improve- ments, excgpt later aloe so apportioned to abutting property shall be assessed in said roll against such abutting property accordIng to frontage, Laterals shall be assessed against the property connected by said laterals, AIC 1A A The prvI min art' roll shall be adviyory om.l y and still be sdbjeot to the activa of the city Con nou as hereinafter providedm a) Upon the filing by the. Superintendent of Public Works of the pre:iimIna,ry asaessment roll req€dived, by this Section., the City Manager ahatllt publish once Q, each of two successive weeks In a newspaper of genBral circulation in the City of South Klaais a note. ®e stating that at regular meoting of the City C+¢e��7�� �b¢��p.l toy�ry'be�q�phy�.�eq�,�y.�ryan certain day an �q�'a��:ar{ pD� naA�tq+�less than g� �j, twelve CI `5� F: b�W Fn from °u�'.A °'4 N.n f: a date of the first p� .d" ".�..�l.2lebsf.�.@.R.1��o.K o any I:.•.Ut 4�t'r d persons may appear and file writ ten. ob j eotions to the confirma- tion-of Raid roll, (b) At the time and place Hated. In such notice the City Council shall meet and receive the ob ject: o s in writing of all interested persons as stated In said notlaeo Theme: or 1l - thereafterg the City Couroil sball either annal or sustain or modify In *hole or In part the prima faole sasessment as Indlosted on said roll, sitber by eonfIrming the prlmafaole assessment against any or all W8 or paroel* described therein, or by can- celling, Increasing or reducing the samaq aocording to tbhe special benefits which said CIQF Council decides aeon said lot or parcel haz receivedo or willreceive on eooaunt of sueb 10- provement, If any property which may be obargeable under this Section shall have been omitted from said prellmWary roll, or if the prima fanis assessment has not been mado against its the City Council may thereupon oonfirm said roll, but shall not can- firm any assessment in excess of the special benefits to the property assaosedo and the assessments so contirmad shall be In proportion to the special benefito, Forthwith after such coana- firmation, said aseessmant roll shall be dAlivered to the City Manager and such oonfirmation shall be final avA canolusive except as bereinafter providado (a) if the owrers of any railroads or amy lot or pemoej of land so assessed Wall within ton dayq from such can- firmationg file a written verified petition intbe office of Uwe Clerk of the Circuit Court of Dade CouYatyq settiAg forth that the amount so assessed again at any property of the petitioner exceeds the amount of tts Rpeoisl barpAty-tbo petltlonar has sustained or Wa sustels.by reason of such impro7eae=. or Is out of prqportlon to banefitev or that tbo assessment Is invalid for any reason wbatooe7erg and shall Pt the same time file with said Clerk a written amdartaking In at HSU the sum of Two Hundred Dollars ($2oo ,00)9 with a good W sufficient surety to be justified before, and s.-pproved. by the sai d Clertq to theq effect that the petitioner will pay to the eald City all costs and damages to be sustalnBd by It by reason of such proceed n, and shall within ten (10) days from such confirmation, deliver to the City Manager or leave in his offico a oopy of said petltlanv then the validity of such .see figment against saWproperty aha ll. be daterminRd as hereinafter provided, WithIn teen (10) days after the delivery of said oopy of petition to the CAY M=90r Or at = 10 � his offloag they City Manager Phall appear and answer the said p®tttiong and the oase aha l be heard upon snob petition end an wer and ypan suet e vid roa as may be Y °reue, -ated to the oou ll t� The Judge of the Gaart shall bear and determine they ca sear D In term or vanatione, so far an they same may be praest.ic9ble e The decision of he Court In s`an@.`h i roceadIngs sha3l be final, and an peal shall be alloiwe d as y If properly preged and. perfected ton (10) days from the date of they order; If the assessment against such property shall be sustained ined ear reduced or abated by the Caurtg they City M na. er shf- -' 01 note that fact on the assessment roll gppo site the Ae scriPtiou Of tbA PrOPO ty whose assessment was so o nt€ ste do they cost of any su oh prooeedin s shah be paid by the parlay 000PjajnjZLg Of SUCh g UnjeSs the said assessment is abated or to reduced by the ovart ten peroent (IQ %) or more, and . judgment shall be rendered against him for this amolal It of such costs; in case such assessment ssment sh ll be 9bated or shall be red oed ten percent (10%) or more, such hosts and expgnaes shall be paid by the Cityq a nd. judgmt shall be entered Pgainst it for tke amount thereofo ABT19A4.9E VIT The amount of the ypecial ad�,SSOSSMent S aainst W lest or pare el which may be set asida by the court, unless the assessment upon the emUr® district be seat aside, or they amount, by uaah1oh such a se ssment Is so reduced, may by resolution, of the City C®uunill b® madz chargeable against they City at large; or, in the discretion of the City Coulwtio a new assess=t roll may be re pa ro and. conti.rme d In tho aaue ngr berainabove provided for the preparation and confirmation of they original assessment ro119 except that no notice ohs hearing upon such .roll need be published or given as to a rl property uunl.ess they assessment against it is inorea veda The City Cou l shall take prompt action as herein provided In case of the reduction or invalidation of any assessment, any such action shall be noted by the City Manager an xald assessment roll, sunless a now roll shall be made d confirmed, in which eases they former roll shall be a nullity and they right of petition to thO Ci.s cult Ccurt as the amounts apportioned by the now roll Hall egain be In force as to Puck new Xyll, (R) Tbirty (30) days after the confirmation of the assessmentag the oants apportioned and assepPad shall be due and payable at the offlea of the City Manmgrr, except as-to awn propertyv Ina ludIng rallroadsv wbose own= shall have filed a petition in the Circuit Court as heraindbove providad, whIch assessments shall be We and payable eleven (11) days after the decision of the Court thereupons, but not within said thirty (30) days; but it sball be lawful for the City Connell to providA by resolution that if the owner of any lot or parcel assessed in excess of Twenty-fIve Dollars ($25,00) Hall file with the City Manager before such date on which full pay ment Is requiredv his written u dart aking waivixg all Irregularity W Illegality In connection with the said assessment again ot such lot or parcel, he Nall have the prtvilege of paying tbA same in egyal annual Imstallments In eaoh of tho ten (10) succeeding years or such starter period as may be fixed by the City Conucil at, the t1m. e In said years at Web the general City taxes are due and payablev with Interest upon smote deferred Ingtallments at the rate of six percent (6 %) per smm=2 payable ammuslly from the date of such assessment would be due if sualb. ini-d-ertaking were Dot f Iled; and ypon the f illng of any ouch iii-A-�rtoging the assessments embraced by It shall be pn7able at the time or times so fixed, and with such interest, but any assessment whose payeamt shall be so deferred may be paid at any time when accompanied by the payment of Interest aoarued Hereon and that p7hin'h 'Twill, accrize to the next suceesding annual date for payment; provid1d, how- evero that nothire herein contained shall "be deemed to prevent the City Council from extending the time In which such under- tsking as to W Me Or more 10to or parcels of IsmA shall be filed, (b) The W& asseamments shall constitute a lien Upoy), the property so assessed from the date Of the passage of the resolution ordering the Improvement, of the same nature and to the asme extent as the lien for general City We, W shall. .is- bo oolleetible In the sam* manner and w0b the same penalties an.d. iineler the, same proviWors ao to SM and. forfolture =,", city taxes ire collectible, Collection of sueb assesswentg may also be made by the My by proneedings In a 00mrt of equity to foreclose the lien of assesouents as a lien for mortgages Is or may be forecloses. I'vader t--he laws of UP state'q nnd It shnll be OWN to join In any bill for foreclosure pmy are or more lots or pareels of la-ndz by whomsoever ovsnad� If assesseap for Fin Improvement orderr-,O, by the same resolutionro, provided, that failure to pay avy instalMot or prinolpal or interest of ony ague Psmeint nrhen each installment shall become dnev shall witbant notice or other proceeding, cause all In- stallments or prinnyal remainlpg uApaid to be fortbwIth dae amA payableg with interest thsroqn at six percent (60; but If before any sale of tH property for dellrquent assessments, the amomt of such dellrquency ball be paid with all penalti0sp Intereot aW costs, HOW InstsIlments of the principal shall cease to become so due and-PaWle Ot the time set forth In or contemplated by Sala writter undertaking, (0) All SUM assessments mads i)ndlor this section mire, hereby pledged to the pa7went of the principal and Interest of the bonds autborized by this section rtatd- Issued after the papsage and approval of this OrWaneeo and shall whzn colleated be placed ir. a specia-2 ftxud. to be known as "Tbe Revolving Fund/ which fund shall make no distinction or separation as betwear. the assessments for different improvements arA shall be used solely for thR PAYMM of the PrIMPS1 W Interest of such bond, as the same gholl fall due, (d) On or after the confIrmation of the resol"tion order Ing an Improvement or the City Council may Any resolution Issue bonds of the My for the payment of Whe entire cost or any part tbereofv including Woldental expenset sr4 for the reimbursement of any fund of the City from which amy part of suoh cost shall have tberetnfore been paidq In FaMl samniunt not Goren ter thou the estimate herein provided. of the, cost and InMental azpenseq which estimateg If the Initial : WME 10 MI resolution shall have given two or nnre s1ternative descriptions of the improvement by Its materlalq natureq character and Wev Ale, with estimates, but nD bonds shall be Issued in excesS Of tb contract price and estimated cost of Incidental WensO unless such bands shall have been deltvorsd,Or ,old. or adyertised for sale prior to the making of such contract© If borAs shall be author ized,after such contract Is made, My may be Issued to the full amount of such cantraot and the amount paid, or the avourt awarded In emlnort WaUnl for emy land,9 rightev and eaeements necessary to be required for the improve- ments, and the estimated AnUdOntsl WOW& anda finding by the City Council of the amount of a contractv or the amount so paid or awarded for landq rigbta, or easements, or the amount of Incidental expense, shall be conel"alve for W P=000 Of thIs parpgraph, of bonds need not be llymitmd to One impravement, and the bonds may be issueo.in orm or more oarkes for all or part of the cost of any MA or more improvemeMM They may be MB regletrIble as to P&WIPS1 alone, or as to both privelpal and Interest, iLnder such oondItIons as the City Couneil may determirle ard sballq witb the caupons thereto atteehedo be exeontedas provided by the CHY COM011, in the event that any portion of this Ordinance shall be bald to be voida innonslatert or of no effect by a court of competent jurYdictiong such W-ding shall in no voys effect or disturb the remaining portions of this Ordinamoe. ANT.119CLAE; IX All ordinances or parts of ordinanoeo in confliet or Inconsistent herewith are hereby repealed* ATTEST (; kty Clerk PASSED AND ADOPTED Wo 4 V if day of WAS�WAv 9 1-1-91541.1 ac &A__4_ li Mijor and. President of City Couhall 4 15.-