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O-074-M . . MISC. ORDINANCES N~ 246 ORDINANCE NO. 74-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, EQUALIZING SPECIAL SEWER ASSESSMENTS, LEVYING THE SAME AS ASSESSMENTS AGAINST THE RESPECTIVE PROPERTIES DIRECTING THE CITY CLERK TO RECORD THE ASSESSMENTS IN THE IMPROVEMENT LIEN BOOK, ESTABLISHING THE PRIORITY OF LIEN AND PAYMENT OF PRINCIPAL AND INTEREST; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION WHEREAS, on the 25th day of February A. D. 1975 the City Council of the City of Clermont, Lake County, Florida, adopted Resolution No. 253, approving and adopting the Assessment Roll prepared by the consultin9 engineers and directing that notice of such assessment be given by publication; and WHEREAS, both notice by publication and notice by mail was duly had and given as law provided that the City Council of the City of Clermont would meet as an Equalizing Board on the 8th day of April, A. D. 1975, at 7:30 o'clock P. M.. to consider complaints as to the assessments appearing on said Assessment Rolls; and WHEREAS, said hearing was duly and regularly held on April 8, 1975, at 7:30 ö:clock P. M. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: SECTION 1 The City Council, having heard property owners and other interested persons appearing before the Council as to the propriety and advisability of making improvements described in the Council's Resolution No. 253, 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 ordains that said special sewer improvements proceed according to the plans, specifications, assessment plat and estimate of cost on file with the City Clerk. SECTION 2. The costs of said improvement shall be paid as provided in Section 4 of said Resolution No. 253 of the City Council heretofore passed on the-25th day of February A.D. 1975. SECTION 3. The amount of assessments, as equalized and adjusted and as . now appear on the Assessment Roll are hereby confirmed as legal, valid and binding first liens, until paid, upon the property against which such assessments are made; provided, however, upon completion of the improvement, 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 in no event shall the final assessments exceed the amount of benefits hereby confirmed. Said assessment shall be co-equal with the lien of other taxes, superior to all other liens, titles and claims, until paid. . . MISC. ORDINANCES ORDINANCE NO. 74-M N~ 247 SECTION 4. The City Clerk is hereby directed to record said assessments in a speci a 1 book to be known as the "Improvement Lien Book". SECTION 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 6. Should any section or part of a section be declared invalid by any Court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 7. This Ordinance shall be published as provided by law, and it sha 11 become 1 aw and take effect thirty (30) days from the date of its Second Reading and Final Passage. First Reading on the 15th day of April, A. D. 1975. Second Reading on this 13th day of May, A. D. 1975 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, this 13th day of May A. D. 1975. " CITY OF CLERMONT (!j inu#~ CLAUDE E. SMOAK, JR. Mayor . ~ " .:.~ : ~"'" - fiTTEST: . f '. ()DOAJ-I..j·· 1tJ. ~AA ilJ D§röRES w. CARROtL~ C~~lerk APPROVED by me, thi s 13th day of May A. D. 1975. By: at Mayor CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 74-M was published on the 24th and 1st days of April and May A. D. 1975 in a newsaper of general circulation located within the City of Clermont, Florida as required by Florida Statute 166.041 (3) (a), said date of publication being fourteen (14) days prior to the Second Reading and final adoption of this Ordinance. t(JOAÆd.J Z/. IJrA1 City Clerk