HomeMy WebLinkAboutResolution No. 1983-26RESOLUTION NO. 83 -26
A RESOLUTION EQUALIZING THE ASSESSMENT, LEVYING
THE SAME AS ASSESSMENT AGAINST BENEFITED PROPERTIES
IN THE CENTRAL AVENUE RESURFACING PROJECT, . CAPE
CANAVERAL, FLORIDA, DIRECTING THE CITY CLERK TO
RECORD ASSESSMENTS IN THE IMPROVEMENT LIEN BOOK,
AND ESTABLISHING PRIORITY OF LIEN AND PAYMENT OF
PRINCIPAL AND INTEREST; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on the 5th day of April,'. 1983, the City
Council of the( City of Cape Canaveral, Florida, adopted a
resolution approving the Assessment Roll prepared by the City
Administration, and owners of the property in the "Central Avenue
Resurfacing Project in such City to be assessed, or any other
persons interested therein, and advising that the City Council
would meet as an equalizing board commencing on the 3rd day of
May, 1983, at 7:30 P.M., to consider complaints as to the assess-
ments appearing on said Assessment Roll; and subject to incidental
changes, additions, substitutions and modifications as shall be
deemed advisable by. the City Council.
WHEREAS, said notice, both by publication and by mail,
was duly had and given as by law, provided; and
WHEREAS, said hearing was duly and regularly held,
commencing on May 3, 1983, at 7:30 P.M.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Cape Canaveral, Florida, that:
SECTION 1. The City Council having heard property owners
and other interested persons ' appearing before the City Council as
to the propriety and advisability of making improvements described
in the City's Resolution No. 83 -19 adopted April 5, 1983, as to the
cost thereof, as to the manner of payment of said cost, as to the
amount thereof to be assessed against each property to be benefited
thereby, and as to equalization of said assessments on a basis
of justice and right, hereby determines and resolves to proceed
with the said improvements according to the ,plans, specifications,
.assessment plat and estimate of cost on file.
RES. NO. 83 -26
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SECTION 2. The costs of said improvements shall be paid
as provided in Section 2 of the City's Resolution No. 83 -18, adopted
on April 5, 1983, which section is incorporated herein by reference
as though copied in full herein.
SECTION 3. The amount of assessments, as equalized and
adjusted and as now appearing on the Assessment Roll, are hereby
confirmed as legal, valid and binding first liens, until paid, upon
the property against which said assessments are made; provided, how-
ever, that upon completion of the improvements, each assessment shall
be credited pro rata with the difference between the amount hereby
confirmed and the actual cost of the improvement to be paid by
special assessments; provided that in no event shall the final
assessments, as hereby confirmed, exceed the amount of benefits
originally determined to result from the construction of such
improvements. Said assessments shall be co -equal with the lien of
other taxes, superior to all other liens, titles and claims, until
paid. Such assessments are found and determined to be levied in
direct proportion to the special and positive benefits to be re-
ceived by the properties listed in the assessment roll from the
acquisition and construction of the improvements.
SECTION 4. The City Clerk is hereby directed to record
said assessments in a special book to be known as the "Improvement
Lien Book, Series No. 2."
SECTION 5. This Resolution shall become effective im-
mediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,