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0055 (Street Paving)ORDINANCE NO, AN ORDINANCE PROVIDING FOR THE CONSTRUCTION OF HARD SURFACED ROADS OR STREETS UPON CERTAIN DESIGNATED STREETS, AVENUES, OR PARTS THEREOF, IN THE CITY OF OKEECHOBEE, FLORIDA, REQUIRING ABUTTING PROPERTY OWNERS TO PAY FOR CONSTRUCTING A PART OF SAID WORK, PROVIDING FOR THE CONSTRUCT- ION OF THE SAME, AND LEVYING OF IMPROVEMENT LIENS AGAINST ABUTTING PROPERTY THEREON, AND PROVIDING FOR THE FORECLOSURE AND SALE THEREOF UPON FAILURE OF PROPERTY OWNERS TO PAY SAID ASSESSMENTS WHEN DUE AND PAYABLE, AND PROVIDING FOR THE APPLICATION 'OF ALL FUNDS REALIZED FROM THE COLLECTION OF SAID LIENS BY FORECLOSURE AND OTHERWISE, AS AUTHORIZED UNDER SECTION 29, CHAPTER 8318, ACTS OF THE LEGIS- LATURE AT ITS SESSION, A, D. 1919. BE .IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. Section 1: That there be co °nstruet'ed'`°o3x' the foliewing:=named streets, avenues, alleys, or parts thereof, of the City of Okeechobee, Florida, to -wit:, North Park Street from West City Limits to East City limit.; South Park Streetfrom Parrott Avenue to Osceola Street; Osceola Street from Tenth Street to Petit Street; Hicpochee Street from North Park Street to Seventh Street; Miamee Street from Seventh to Eighth Street; Miamee Street from South Street to Sixth Street, South Okeechobee Subdivision. Kissimmee Street from North Park Street to South Park Street; Kissimmee Street from First Street to Second Street; Parrott Avenue from North City limits to South City limits; Second Street from Parrett Avenue to. Kissimmee Street;. Seventh Street from Okeechobee Avenue to Hiwassee Street; Hancock Street from North Park Street to South end of E. R. Wright's Addition; Tenth Avenue from Osceola Street to Parrott Avenue; L. 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 s 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 specificat- ionl •f the City Engineer now on file in his office, which said plans and specifications are hereby, fixed and adopted as such, and the said hard*surfaced streets shalt be laid or constructed according to said plans and specifications.' Section 2; That the costs of the construction of said hard -surfaced streets on the intersections of all avenues, or streets, or across any avenue or street or streets shall be paid by the City of Okeechobee. That the remainder of the expense of such construction or improvement shall be charged or assessed by the City Council of the City of, Okeechobee against the property abutting upon each side of the avenues,- streets or parts thereof, herein above ordered constructed upon, in the proportion of one -third of the cost thereof against the abutting prop - erty upon each side of said avenues, streets or parts thereof, and the amount billed or charged to the owner of said lot or lots or parts thereof, if 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 changed or assessed in proportion to the frontage of the same upon said avenues, streets or parts thereof, and which said lot or lota, or parcels of land shall be especially benefitted by the said improvements, which said assessments shall be a lien upon said land, and the improvements thereon, superior to all other liens, except taxes upon the same, and said liens shall bear interest at the rate of eight per. dent. 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, without delay, and shall be signed by the Mayor, countersigned by the President of the City Council and attested by the City Clerk with the seal of the City of Okeechobee affixed thereto. Section 4 : -- That as soon as practicable, and within ninety 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 be prepared for that purpose.* to be known as "Street Improvement Lien Book ", a list of the lots or parcels of land abutting the said avenues, streets or parts thereof, herein above ordered improved with hard surfaced streets, showing the amount of frontage respectively, of each lot or parcel of land; said book.. shall also contain a statement of the total amount of the cost of the work upon each street or alleyway, together with the date of the completion of the same, and shall enter against each lot or parcel of land the amount or amounts to be charged or assessed against the same respectively, in proportion to the frontage that each lot bears to the total so improved with the hard surfaced street system, excluding the cost of the said portion chargeable to the City; it being hereby determined that in the discretion of the City Council, the f rout ' foot rule is e, fair and just method for the determination of the amount of cost which will be charged against the abutting property respectively. The said assessment shall be made against each city lot according to the recorded plans of the same, except where the property of one individual includes part or parts of other lots, then the assess- ment may be made as a whole against any group of contiguous lots or parts of lots belonging to the same individual at the time the said lien is prepared. Said book shalt be filed in the office of the City Clerk, and kept open to public inspection during the usual -- office hours. Section 5 :- --Upon the completion of the construction of the entire work or upon the completiiem and construction of any avenue, street or 041113r or part thereof, the City Clerk shall., as soon as puss area ter, publish a notice in some newspaper published in the City of Okeechobee of the fact that said work has been completed; such notice to contain the name or names of the avenue, street or streets, or alley or_ alleyways, or parts thereof, so completed, the date of completion of the same, and shall give notice to the owners of the lot or lots or parceloor parcels of land, contiguous or abutting upon said avenue, street, streets or alley, or alleyways, or positions thereof; that such assessments or liens have been entered in:.said book, and that any person or persons owning any such part or parcel of land, upon which lien is claimed, may within 30 days after the publication of such notice, present in writing to the City Clerk any obSections:,te the lien aforesaid; setting forth the grounds of objections to the levying of such lien upon said lands, or to the amount of the same; such notice shall specify the name or names of each property owner, together with the f lot or lots against which assessments are made, and the amount of the assessment against the same. Said objections may be based upon any irregularities in the proceedings relating to the levying of the assessment, or as to the amount of assessment against the particular property described. Section 6:-- Said notice above required to be published, shall also specify a date upon which the City Council shall meet, and consider all objections as may be filed, to the amoUnti or to the enforce- ment 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 excess. of the said one -third costs, as ak -ve, shall be paid by the City of Okeechobee. Section 7 : -- an all cases where no objections Ilave been filed as heretofore provided for, the amount entered in the said Street Imrpovement Lien Book shall be considered as prima -facie correct, and the said City Council shall thereupon fix a lien upon the property therein described at the amounts therein opposite said description 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 or liens again'st the lots aforesaid have been fixed in accordance with the provisions 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. Said assessment or liens shall be made payable in not more than ten equal payments, payable one -tenth .af the principal each and every year after date, together with unterest upon the whole at eight per cent. per annum until fully paid. Section 9: -- That upon the failure of the property owner to pay anyi installment assessed against any of said property, for a space of 90 days after the same becomes due, the whole amount of said lien shall become due and payable and shall be foreclosed and sold in the same manner as liens are foreclosed under the general law, insofar as applicable, provided that, suits to foreclose the liens herein named shall be filed not later than one year after the last installment becomes due and payable. Section 10:-- Said liens being authorized under Section 29 Cnapter 8318 of the Legislature at its Session A. D. 1919. Provided, That all moneys collected in payment of the aforesaid liens, after all costs and expenses have been paid, shall be deposited into the proper City Depository to the credit of the Interest and Sinking Fund of the A. D. 1921 Street Paving litailuakaaa issue, and applied to the paymentd ---et thereon, as they may become due and payable. Section li : -- That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Sect n 12: -- This Ordinance shall become effective immediately upon its passage and approv`ai. Read a first and second time, and by unanimous consent read a third time, and passed in open session, by unanimous vote, all voting "Yea" and non' "Nay ", as follows: "' 4—cr— Yea ______Nay a Yea Nay / ck-AA—siltZ Yea Nay A ? .14,...12.0, 11.1 Yea C AZ) (Z.-IA—Lb Yea ik Attest: Q Y/ . D. 1921. Approved this the day of Nay t president of Council. Nay Mayor.