0052 (Street Paving)ORDIIvAI CT
AI ORDIJ:.ANCE rRCVIDINe FOR 'TIT CONSTRUCTION'
of hard surfaced roads Or streets upon certain
designated, streets,. Avenues, or `parts thereof_,; : 1
in the C.i *t, of Qkeeclobe;e, Florida, requiring,,;
abuttinit property owners' to pay. for constructing
a part of s.i.d 7ork, providing for the `constructing
of the same , and 1.evyir:g of irprovement liens
against .abutting property thereon, and providing
for the forec1 o st<re and' sale ` thereof , upon failure
of property owner to pay said assessments when .
dUe and payable, as authorized under section;
29,, Chapter 8318, Acts of., the Legislature at
its session, A. D. 1910.
1 -f 7 n C Ty CcL..,CI.l.. OF TIE CITY OF
OK171,C110 7,:E, RIDA.
SYCrf c 1: That there h constructed on the following named
�- s of the C a t �T o f
streets, avenues, alle s, or parts thereof, o� she
Okeechobee , Florida, to-wit:
North Park Street from West City limits to East Cit- limit;
South Park',. Stro ,t from Parrott Avenue to 0Sceola Street;
Osceola Street from Tenth Street to Petit Street;
Hicpochee Strec,t from North Park Street to Sevdnth Street;
Mia ee Street from SEA: enth to Eighth :,Street ;
Miamee Street from South Street to Sixth' Street, South
Okeecho'-�ee subdivision.'
Kissimee. Street from North Park Street,to South Park Street;
Kiosiree Street from First Street to Seco .d Street;
Parrott Avenue f;ori North City .1imit's''to South City ,limits;
Second Street from Parrott . Avenue' to Kissimee Street;
Seventh Street from Okeechobee` Avenue to H1wassee' Street ;
Hancock Street from North Park. Street to South end of E. R.
`,4; 'right's Additi or. ;
, Tenth Avenue from Osceola' Street to Parrott Avenue;
Ninth Street from Osceola Street to Parrott Avenue;
Eighth Street ..from Osceola Street to Cherokee Street;
Sixth Street from Parrott. Avenue to Hiwassee,-Street;
Fifth Avenue,, from Osceola. Street- to{'Hiwassee Street;
Petit Street from Osceola avenue to Okeechobee Avenue;
Okeechobee .Avenue from Eighth Street to South City limit,
County road from Okeechobee 'Avenue to West City limits,
''hard -surfaced roads, or streets according: to the plans and
specifications of, the CitLi.Engineer now oar .file in his office',
which said plans and speciications are hereby fixed and adopted"
' k ' in , to said* plans and specifications.
as; -such and the. paid har`d.,surfaced streets°`shall be laid. or.,-
,constructed accord �' P
Sadtion That That the. cosh '4f the constriic, t.ion of sgid hard sulk
fac "dd streets on the lnterseotiofS- Qf ,;al .:ryavenue's, or streets', or
across: any avenad ar- street eet
Por, strs ,shall be paid` .,by the City
e ,Okeechobe;e That the, remainder of ,the' 'expense of such con
strlict on o•r `-im rpv,emer4tftsh0,ll >be,char'ged or assessed py the >r
Sity ,Couricil';of the =City of. Okeechobee against the property
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abutting upon,each We of the avenues, streets ;or'parts thereof,
herein amore ordered constructed upone in the proportion of one-
third of the cost thereof against the abutting property 'upon. each
side of said avenues, .streets, or parts thereof, and the amount
bifed or charged to the owner of said lot or lots or parts thereof,
f known, and, if the name of the owner is not known, then to be
billed or charged as unknown;. that portion assessed against the .
abutting property to be charged or assessed in proportion to the
frontage of the same -upon said avenue.., streets or parts thereof,
and which said lot or, lots, or parcels of land shall be.;especialay
.•benefited by the said improvements, which said assessments shall be
a lien upon the said land, `andthe improvements thereon; superior
to 'a11 other liens, e .cept taxes upon the sar. e,''and said liens
shall bear interest at the rate of eight per cent." per annum from date
thereof, as finally determined by said City Council, until fully
paid.
Section 3: -- That all said liens shall be 'recorded in the office of
the Clerk of the Circuit Court in Okeechobee County, Florida, when
made,; rithont delay, and shall be signed by the Mayor, countersigned
'by the Presides t of the Cit T Council and attested by the City Clerk
with the seal of the City of Okeechobee affixed thereto.
Sections 4: -- That as so can as practicable, and within thirty days
after the completion of—the construction of the said hard surfaced
roads,-or streets on any one avenue, street, or parts thereof, the
City Clerk shall, have prepared, a statement of the cost of such con -
struction, and shall enter up in a -book which shall all :be -prepared
for -that purpose, to be known as "Street Improvement Lien Book," a
list of the lots or nancels of land abutting the-said avenues,
streets or parts thereof, herein above ordered improVed with hard
surfaced streets, showing the amount of frontage resp,edtively,of each
lot or parcel of landV said bookk 'shayl alsp contain a statement ofe
the total J .ario,Ant of the cost of the work upon each street or all -'
eyivay together with t' e date of the-,completion of the same; and
shall enter against each lot ar parcel of ,land the amount or amounts
'to, be `charged or assessed against the same r. espectiveiy, in propott-
ion to the "front €acre that each lot bears to the ,total, .so improved
-- iii th the hard surfaced street system, excluding the cost of thp. said
portion chargeable to t e City; it being hereby determined th't in
the, discretion of the City Council, the front foot rule is a fair
and just method fore the determination of the amount of cost which
tr.il]`` be charged against the abutting propert respectively. The
saidassessm.ent shall` be made against each City lot according to
he recorded pl "a,ns of, t- e ,sane except where the property of ogre
individual' includes part or p rts, of other lots . then the assessment
e m :`y be made as a whole agains ,'an3r group of contiguous lots y or, parts
of.' lots bolongin , to the same individual at the time the 'said lien
is prepared. Said book. shall be filed in, the office of the City
Clerk; and kept-open to public "inspection during the usual office'
hours.:'
-Sectione5: -: Upon the cotpl.etion .of the coni'structon of the eptire
work or, ulo°o she completion. and,.:eonetruction an;any avenue;` 'street
or`alleyway nor ,part' thereof,• .the City Clerk''shall as soon as
°po,sib1e ther_oafter, publish a ,notice insOme news taper published'
ine'the CitY of Okeechobee of"thee fact tthat :'said Work has been eem-
pleted;. such ;notice to cocain .the name •or :napes .of` the avenue,`
,street or sheets, , or galley or `alleywa `, ;or .parts `thereof , so
completed, 't date of copl:etion, of •;the same ,,•and` shall give •.no Lice
he .owners of the lost or lots or parcel; or parcels, affr land;'',
co 'a;guous or abutting' upon said . avenue street, streets or alle f
or. ae rayS., or portions thereof; that such assessments or lies
have been entered in said book, an that any person or persons
ownl_rg . a:nzi such part .or parcel of land, upon .w4ich lie .,fs claimed,;
-a`, within 30 ,�4ay: after the publication of such-noticav, present.,in
writing to the City Clerk any objections ections to the lien aforesaid,
setting` forth the grounds of objections to the levying of such lien .
upon` said lands, or to t;re amount of t'ne sere: such not shall
specify the name; or names of each, property owner, to ether with the
lot or lots against Thich assessments are made, and the amount' of
the assessment a ain st the sane. Said objections may be based upon
and- irregularities in the proceeding relating; to the levying of
the assessment, or as to the amount of assessment against the par-
ticular property described.
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Section 6: Said notice above required to be lublished, shall also
specify a.date upon which the City Council shall meet, and consider
all objections as. maz: be filed, to the amount, or to the enforcement
of any such lien, and upon such date the City Council shall meet
and hear and consider such objections and shall make due and •
proper inquiry, and if it shall appear to their satisfaction that
a portion of the cost as entered in said lien book exceeds the
.actual cost of the construction of such improvements, or has been
erroneously entered, the said City Council shall have the entry in
said lien book corrected and shall fix the amount to be charged
against said Lot or lots in an amount not to exceed the actual
one -third of the costs accruing against said lot or lots, by reason
of the construction of said street improvements, and the amount so
fixed' by the said City Council shall stand as the amount of the
lien, and shall be conclusive of such matters. Any amount in -
exdese of the said one -third costs, as above, shall ''•bepaid. by the
City of Okeechobee.
Section 7: In all cases where no objections have been filed as
heretofore provided for, the amount entered in the said Street
Imprvement Lien Book shall be :considered as prima -facie correct
and the .said City Council shall thereupon fix a lien upon- the proper-
ty therein described at the amounts therein opposite said descrip-
tion._ of the.. same, ,after the amount so fixed and determined by the
said City Council shall be conclusive upon the property owners,"
and not. subject to attack.
Section .8: As soon as the assessments ox liens against .the :lots:
aforesaid have been (iced- in ac.cordanca ::with the pro prd.viattns of -this
ordinance,' it is hereby ordained that the City- Council shall
thereafter issue' improvement liens against the lands as finally
fixed in the Street Improvement lien. Book. A.id assessment or
liens shall be made payable in not more than ten equal payments, ,payable
one -tenth of'` the ;:`prinoipal each`Iand every year after- date, together,,
with 'interest upon._ the ':whole at .eight per cent per annum until
-
tali paid.; °
ec'tlon 9: That upon the failure of the property ewner to pay:. '.,,
any i44stallMent, assessed, against any #of, said property.,, for a space
,Qf- 90° .ay 'after ,Ithe same • become due; the Whole amount of said
'lien 'shall becgmeAue end ,payable and shall 136, foreclo'se&::and sole
in 'bh ".scene manner "`as, liens are 'forclased. under the generals law„
•
1.n so far as,; applicable, rrovided that suits to foreclose the liens he
x med` shall be filed'not later than one year after "the last installment
becomes dine and# parable.
Section 10: Said liens being authorized under Section 29 Chapter
8318 Acts of the Legislature at its Session A D 1919.
•
'Section 11: That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 12:. This ordinance shall become effective immediately
upon it passage and approval.
Read a first- and secon t1T.e and by unanimous consent read. a
third time, and passed in open session, by unanimous ;.vote, all
;voting .Yea'-' and none., "Fay" as follows:
W. T. Goode, Yea
R. E. MgLau ghl in Ye a
0
0. Davy s , Yea
H. C. Adams Yea
Joe Underhill' Yea
January 25th, A.D. .1921.
W. W. Dunni:cliff
Cater' °Clerk.
None Nay.
W. T. Goode, President of
Council.
hog fore going Ordinance No .52, was handed to
same on ,account of irregulaiti es in aescript
Copy of Original ordinance:and Mayor's veto
o'fice direct and not'fireturned to Clerk's off
Geo. F. Parker)
the Mayor, who vetoed
ion of streets.
taken from Mayorer T s
ice, by City Attorney