HomeMy WebLinkAboutResolution No. 1983-72RESOLUTION NO. 83 -72
A RESOLUTION EQUALIZING THE ASSESSMENT, LEVYING
THE SAME AS ASSESSMENT AGINST BENEFITED PROPERTIES
IN THE HARBOR HEIGHTS 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 6th day of September, 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 liarIbor Heights 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 .29th day of September,
1983, at 700 P.M., to consider complaints . as to the assessments
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 September 29, 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 des-
cribed in the City's Resolution No. 83-62 adopted September 6,
,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
tobe. benefited thereby, and as to equalization of said assessments
on basis of justice, and right, hereby determines and resolves to
'proceed with the said improvements according to the plans,* spec-
ifications, assessment plat and estimate of cost on file.
SECTION 2. The costs of said ..improvements shall be paid as
provided in Section 2 o the City's Resolution No. 83 -61, adopted
Res. No. 83 -72
Page 1 of 2
r 1CRCFILED 4.15 -85
on September 6, 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; pro-
vided, however, 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 received 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. 3."
SECTION 5. This Resolution shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 29th day of
September
1983.
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