O-074-M
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MISC. ORDINANCES
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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.
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MISC. ORDINANCES
ORDINANCE NO. 74-M
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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
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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