§ 19-6. Construction and installation of public right-of-way improvements.

(a)

Resolution declaring necessity. Whenever the city commission shall decide to construct and install any of the public improvements commonly located in public right-of-way as described in subsection (3), Power of Special Assessments, of section 3, Powers, of the City Charter of the City of Lake Worth, Florida (Ch. 25962, Laws of Florida, Special Acts 1949, as amended), the city commission shall adopt a resolution declaring the necessity therefor and shall state specifically therein the limits within which such work is to be done. Said resolution shall require that plans and specifications for such work shall be prepared and filed with an accurate estimate of the costs of such work in the office of the city clerk. The plans and specifications, and the accompanying cost estimates, shall be made available by the city clerk for public inspection.

(b)

Notice of public hearing. The resolution of necessity shall set a reasonable time and place for a hearing to be held before the city commission to hear and consider objections to and protests against the construction and installation of the proposed improvements. Notice of such public hearing shall be given by publication of a notice in one (1) issue of a newspaper of general circulation within the city, and shall generally state the nature of the proposed project and the intent of the city commission to assess any or all of the project costs against property not owned by the city. The city clerk shall cause a copy of the published notice to be mailed to the owners of property to be assessed, the names and addresses of such property owners to be obtained from the records of the property appraiser or from such other sources as the city clerk or engineer deems reliable.

(c)

Public hearing. Not less than ten (10) days after the date of mailing or publication, whichever shall last occur, the public hearing shall be held. At the public hearing, the plans and specifications, and the cost estimate, shall be available for public inspection and discussion. The city commission shall take no official action at the public hearing.

(d)

Commission's decision. Within sixty (60) days after the public hearing, the city commission shall decide the matter at an official meeting. The commission may abandon the project or it may direct that the project, or any part of it, proceed to construction as described in the resolution of necessity.

(e)

Competitive bids; contracts. The city manager may be directed to call for competitive bids for any or all portions of the project work from persons, firms and corporations qualified to perform such work. Such work may be completely or partially performed by city forces without a call for bids. If competitive bids are received, a contract for all or part of the project work may be awarded in the discretion of the city commission to the lowest and most responsible bidder.

(f)

Payment of costs; special assessments; apportionment. Upon completion of the project, the city commission shall pay all costs thereof with funds belonging to the city. In accord with the resolution of necessity aforesaid, the commission may determine that all or some of the assessable costs be recovered by the city through the levying of special assessments against properties specially benefited by the public improvements. Special assessments shall be apportioned among the properties assessed uniformly so that each will bear a just proportion to that burden imposed on every other assessed property. The apportionment may be based on the position, frontage, area, market value, or estimated benefits to each of the assessed properties, but in no case shall a special assessment exceed the amount of the benefit conferred upon the assessed property by the construction and installation of the improvement.

(g)

Procedure upon determination of special assessment. In the event the city commission determines that all or part of the project costs should be specially assessed, the city clerk shall cause notice of completion of the work to be published in a newspaper of general circulation within the city once a week for two (2) consecutive weeks. The notice shall contain a statement of the total cost of the project, the amount proposed for assessment against each property, the name(s) of the owner of such property as obtained from the records of the property appraiser or from such other sources as the city clerk or engineer deems reliable and a description of the property sufficient to make it capable of identification. The city clerk shall also cause a copy of the public notice to be mailed to the owners of property set forth therein. The notice shall announce a time and place not less than ten (10) days after the date of mailing or of second publication, whichever shall last occur, of a public hearing to be held before the city commission to hear complaints against the amount or justice of the proposed special assessments.

(h)

Resolution for special assessments. Within sixty (60) days after the public hearing, the city commission may adopt a resolution spreading the special assessments, or any portion thereof, against the benefited properties, and the date such resolution is adopted shall be deemed the date of levy of the special assessments. The commission may reduce any assessment by amending the resolution subsequent to its adoption, but in no case shall an assessment be increased after adoption of the resolution. Any person who shall fail to make a complaint to the city commission at the public hearing, or at a meeting of the city commission prior to the adoption of the resolution spreading the special assessments, shall be deemed to have consented to the validity and lawfulness of the special assessments.

(i)

Special assessments to constitute liens. Special assessments levied in this manner shall constitute and be a lien against the property assessed from the date of levy. Such lien shall be prior and superior in dignity to all other liens against the property, save and except the lien of taxes, and the amount of the assessment shall bear interest as provided in the City Charter (Ch. 25962, Laws of Florida, Special Acts 1949, as amended), at section 3, Powers, subsection (3), Power of Special Assessments.

(j)

Maintenance of improvement lien book; recordation of resolution in public records. The city finance director shall maintain a city improvement lien book in which shall be entered the effective date of each special assessment levied by resolution of the city commission, including the amount of each assessment, a brief description of the property assessed, the nature of the improvement for which the assessment was levied, and such other information as required by the city commission. The entry of the assessment in the city improvement lien book shall be and constitute notice to the public of the lien against the properties. The city clerk shall cause a copy of the resolution setting forth the special assessments to be recorded in the public records of Palm Beach County, Florida.

(Code 1956, § 30-1; Ord. No. 80-9, §§ 22, 23, 6-16-80; Ord. No. 89-7, § 2, 4-17-89)

State law reference

Alternative method for making improvements, F.S. Ch. 170.