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Resolution No. 1979-44
-- MICROFILMED 4-11-80 µ LED ,%, , �q-Sg RESOLUTION NO. 79-44 A RESOLUTION ADOPTING THE ASSESSMENT ROLL PREPARED BY THE CONSULTING ENGINEERS FOR THE HARBOR HEIGHTS RESUR- FACING PROJECT; FIXING THE TIME AND.PLACE FOR A PUBLIC HEARING ON THE ASSESSMENT ROLL; AND PROVIDING FOR MAIL- ING AND PUBLISHING NOTICE OF SAID HEARING, WHERE THE CITY COUNCIL SHALL CONSIDER COMPLAINTS, EQUALIZE SPECIAL ASSESSMENTS AND_APPROVE AND CONFIRM SAME;PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, that: SECTION 1. The assessment roll for the Harbor Heights Resurfacing Project heretofore prepared by the City's ConsUltifigg Engineers and presently on file in the office of the City Clerk be, and the same is hereby approved'; and it is hereby ascertained and determined that the assessments as set forth in such assessment roll are upon the properties to be specially benefited by the proposed public improvements, in proportion to the benefits to be derived therefrom. Such special benefits are determined and prorated according to the front footage of the respective properties to be benefited by the proposed public improvements. SECTION 2. The 27th day of November,19.79, at 7:30. P.M•at the City Hall in Cape Canaveral, Florida, is hereby fixed as the time-and place at which the owners of the property to be assessed, or other persons interested therein, may appear before the City Council and be heard as to the propriety and advis- ability of making certain public improvements, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property as improved. SECTION 3. Notice of the above time and place of meeting shall be given to the property owners and shall be in substantially the following form: NOTICE Notice is hereby given that the City Council of the City of Cape Canaveral Florida , will meet on Tuesday, November_27th, 1979 at 7:30 P.N. in the City Hall of Cape Canaveral, Florida for the purpose of hearing ob- jections-, if any, of all interestedersons to the confirmation of Resolution P : MICROFILMED 4-11-80 Number 79-42 passed and adopted by the City Council of the City of Cape Canaveral, Florida on October 16, 1979, determining to make local street improvements in "Harbor Heights Resurfacing Project", consisting of the construction of certain street improvements in the City, including the repair,grading, paving, guttering, hard surfacing and driveways of said streets, special assessments and specifying the lots and parcels of land to be specially assessed therefor. Such interested persons will be heard by the City Council of the City of Cape Canaveral, Florida, as to the prop priety and advisability of making said improvements, as to the cost thereof, as to the manner of payment therefor and as to amount thereof to be assessed against each property so improved. The area to be improved is hereby described as follows: A resurfacing with asphaltic concrete pavement, including base and all excavation and stablization extending along the following named streets, and including all intersections: Harbor Drive-from east intersection of 401 which terminates on the east approximately 24 feet of Lot 103. Coral Drive-from the intersection of Sea Shell Lane to the terminus at Harbor Drive. Coquina Lane-from the intersection of Harbor Drive south approximately 100 feet and the intersection of Coral Drive north approximately 100 feet. Sea Shell Lane- in its entirety. An assessment roll containing a description of the lots and lands assessed, the amount of the benefits to and the assessment against eachlot and parcel of land and the number of annual installments in which the assess- ment is divided has been completed by the Consulting Engineers and is on file with the City Clerk. All interested parties are advised that the descrip- tion of each property to be assessed and the amount to be assessed to each piece or parcel of property may be ascertained at the office of the City Clerk of Cape Canaveral, Florida, plans and specifications and estimates of the cost MICROFILMED 4-11-80 thereof are on file in the office of said Clerk at.the City Hall in said City. Dated this 6thday of November, 1979. City Clerk, Cityape Canaveral Florida SECTION 4. The City Clerk is hereby directed to mail, not later than ten (10) days prior to such hearing, a copy of the above Notice to each such property owner at his last known address, the names and addresses of such property owners to be obtained from the records of the Propert ,3Appraiser of Brevard County or from such other sources as the City Clerk or Consulting Engineers deem reliable, proof of such mailing to be made by affidavit of the City Clerk or the Consulting Engineers, said proof to be filed with the City Clerk; provided, however, that failure to mail said notices shall not inval- idate any of the proceedings hereunder. The City Clerk:is hereby further directed to cause said notice to be published once per_week;for-tTaoweeks in a newspaper of general circulation in the City which is published in Brevard • County, Florida; provided, however, that the last publication of the above notice shall be at least one (1) week prior to the date of hearing. Such service by publication shall be verified by the affidavit of the publisher and filed with the City Clerk. SECTION 5. At the time and place above named, the City Council shall meet as an equalization board to hear and consider complaints as to said assessments; and, when equalized and confirmed, such assessments shall stand as first liens, until paid, upon the property against which said assess- ments are made. Provided, however, upon completion of the improvement, each assessment shall be credited pro rata with the difference=between the amount originally confirmed and the actual cost of the im ro e p v ment, Provided MICROFILMED 4-11-80 in no event shall the final assessments exceed the amount of benefits originally assessed. Said assessments shall be co-equal with the lien of other taxes, superior to all other liens, titles and claims, until paid. Said assessments shall bear interest at the rate of not more than eight percent (8%) per annum from the date of acceptance of said improvements and shall be payable in five (5) equal yearly installments. If not paid when due, there shall be added a penalty of one percent (1%) per month until paid; provided that said assessments may be paid without interest at any time within thirty (30) days after the improvements have been completed and accepted by the City Council, and the balance due on the assessment may be paid in full at any time thereafter with interest to the next succeeding in- stallment date; and provided further that payment of annual installments and interest earlier than due in any year shall not be discounted for early payment. SECTION 6, This resolution shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, ui this 6th dayzof�November, 1979. , ., o,�� j �.• a yo o- ttest r ©r mai Citf Cyyer� •. 1111 BOYD • R r_j A"a orvyed 'i form: ter MURPHY ♦7 /. .11."".411--" RUTHERFOI ity ttorney ADVERTISED: NOVEMBER 12, 1979 NOVEMBER 19, 1979 ('