HomeMy WebLinkAboutResolution No. 1979-54 MICROFILMED 4-11-80 REPEAL Resp TIS$
RESOLUTION NO. 79-54
A4ESOLUTION EQUALIZING THE ASSESSMENTS, LEVYING THE
SAME AS ASSESSMENTS AGAINST 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 November, 1979, the City Council of
the City of Cape Canaveral, Florida, adopted a resolution approving the
Assessment Roll prepared by the City Engineers and owners of the pro-
perty in "Harbor 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 27th day of November,
1979, at 7:30 P.M. , to consider complaints as to the assessments appearing
on said Assessment Roll; and subject to incidental changes, additions, sub-
stitutions 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
November 27, 1979, 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.
79-44 of the City Council adopted November 6, 1979, 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 ofsaid
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assessments on a basis of justice and right, hereby determines and resolves •
MICROFILMED 4-11-80
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to proceed with the said improvements according to the plans, specifications,
assessment plat and estimate of cost on file.
SECTION 2. The costs of said improvements shall be paid as pro-
vided in Section 2 of that certain Resolution No. 79-42 of the City Council
heretofore adopted on October 16, 1979, which section is incorporated herein
by reference as though copied in full herein.
0 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 comple-
tion 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 assess-
ments in a special book to be known as the "Improvement Lien Book,
Series No. 2 " .
ESECTI®I N 5. This Resolution shall become effective immediately upon
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,' }''off 1• ADOPP D " the City Council of the City of Cape Canaveral, Florida,
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' r.:G. :0‘.;(41t:11'y ;.. v , NAME YES NO
App, aseLas to fo X
.r. 'i?i i:i BOYD
Y
'6/ / / _/ // � CALVERT X
C` ney LEE
MURPHY
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