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HomeMy WebLinkAboutResolution No. 1984-25RESOLUTION NO. 84 -25' A RESOLUTION EQUALIZING THE ASSESSMENT, LEVYING THE SAME AS ASSESSMENT AGAINST BENEFITED PROPERTIES IN THE CANAVERAL BEACH GARDENS 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 19th day of June, 1984, 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 "Canaveral Beach Gardens Re -. surfacing 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 12th day of July, 1984, 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 July 12, 1984, 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. 84 -22 adopted June 19, 1984, 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, specifica- tions, assessment plat and estimate of cost on file. RESOLUTION :10. 84 -25 PAGE 1 OF 2 MICROFILMED 4 -15 -85 SECTION 2. The costs of said improvements shall be paid as provided in Section 2 of the City's Resolution No. 84 -22, adopted on June 19, 1984, 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, 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. 4." SECTION 5. This Resolution shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 12th day of July .mot RSt;.ar {R0j0 i D City7 Clerk /gGf Approved as to Form: Attorney NAME YES NO CALVERT x FISCHETTI Ix NICHOLAS I I RUTHERFORD Ix WINCHESTER I x r RESOLUTION NO. 84 -25 PAGE 2 OF 2