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R-81-368• • • • CITY OF CLERMONT RESOLUTIONS No. 368 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, FOR STREET IMPROVEMENT AND SPECIAL ASSESSMENT. WHEREAS, the City Council of the City of Clermont has found a necessity to open and construct the street hereinafter described and a necessity exists requiring the clearing, grading, filling, raising, paving, curbing and draining of the hereinafter described street in said City as hereinafter specified; and WHEREAS, in the opinion of the City Council of said City, the property and real estate abutting and adjacent to the respective hereinafter described street will be especially benefited thereby, and the owners of the property abutting and adjacent thereto will be fully compensated for the cost of said improvement in the enhancement of the values of the real estate and property affected by said improvements, and the cost to said property owners, in the opinion of the City Council of said City, will be equitable and just in proportion to said increased value; therefore, BE IT RESOLVED by the City Council of said City that the following described street in said City of Clermont shall be cleared, graded, filled, raised, paved, curbed and drained, to-wit: Broome Street, lying East of Fifth Street and West of Fourth Street, according to the Official Map of the City of Clermont, Plat Book 8, pages 17-23 inclusive, Public Records of Lake County, Florida. and, BE IT FURTHER RESOLVED by the City Council of said City that it is the opinion of said Council that the cost of clearing, grading, filling, raising, paving, curbing, and draining said street will be just to the respective property owners thereon, and is warranted under a necessity which exists; and, that the cost of said improvement on the described street shall be paid as follows: (a) by the owners of all lots and lands adjoining and contiguous or bounding and abutting upon the respective street to be cleared, graded, filled, raised, paved, curbed and drained (intersections excluded) under a special assessment on all of said lots and lands equal to two-thirds (2/3) of the total cost, one-third • CITY OF CLERMONT • RESOLUTIONS No. 368 Page 2 (1/3) apportioned to the lands. on the North., and one-third (1/3) apportioned to the lands on the South, and, (_b) one-third (1/3) plus costs of intersections, if any, to be paid by the said City from the general improvement fund; and, said special assessments. shall be due and payable in cash to said City on or before th irty (_30) days after said special as essments shall stand approved and confirmed and thereafter same whall bear interest at the rate of eight percent (8%) per annum, payable annually until fully paid, or any owner may pay same on or before five (5) years. together with. interest at the rate of six percent (6%) per annum payable annually together with at least one-fifth (1/5) of the original principal provided said owners. give the said City their promissory note evidencing said indebtedness payable, both p~incipal and interest, in the above manner with said interest (prior payments thereon may be anticipated), but said special assessment lien shall remain in full force and effect until all sums due under said note have been fully paid; and the total estimated cost of said improvement is: $ 39,8 5 5. BE IT FURTHER RESOLVED that the plan adopted by the Council of said City to be used for defraying the cost of said improvement as applied to the property owners whose property abuts and adjoins said respective street shall be according to the font-foot plan and rule, provided that the application of this plan and rule, in the opinion of the Council of said Gity, be unjust and unequal, or result in individual cases in assessment in excess of specific benefits received from such improvements, then the Council shall adopt such rule of apportionment as shall effect a substantial equality between said owners, considering the benefits received by and burdens imposed on said owners and their respective property. DONE AND RESOLVED THIS 14th DAY OF ATTEST: 'Sandra 0. Rozar, Cit erk April 1981. CITY OF CLERMONT James M. Hoskinson, Mayor