Reso 2007-1137 - Laserfiche WebLink

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prosecuted under chapter 173, Florida Statutes. If the City chooses to collect the special assessment on the annual tax bill pursuant to Section 197.3632, Florida Statutes, collection may be as provided for the collection of unpaid taxes or any other authorized method. Section 6. Lien Upon Property. Upon adoption of this Final Assessment Resolution and Roll, the total special assessment, including projected interest, attaches to the property included on the Final Assessment Roll, as shown in Exhibit A to this Resolution, and shall constitute, and shall remain until paid, a first lien against the assessed property coequal in rank and dignity with the lien of all state, county, district and municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. Section 7. Effect of Adoption of Final Assessment Roll. The Final Assessment Roll for the Atlantic Isle sanitary sewer special assessments, attached hereto as Exhibit A, as approved and confirmed by this Resolution shall be competent and sufficient evidence that the assessment was duly levied, that the assessment was duly made and adopted, and that all other proceedings adequate to the adoption of the assessment roll were duly had, take, and performed as required by Chapter 170, Florida Statutes, and no variance from the directions in Chapter 170, Florida Statutes, shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Any informality or irregularity in the proceedings in connection with the levy of the assessments shown on the Final Assessment Roll shall not affect the validity of the special assessment or the Final Assessment Roll as confirmed by the Commission by adoption of this Resolution. The adoption of this Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the Assessment Roll and the levy and lien of the Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of adoption of this Resolution. Section 8. Directive to the City Clerk. Upon adoption of this Resolution, the City Clerk is hereby directed to record the assessments in a special book, to be known as the "Improvement Lien Book," and the record of the lien in this book shall constitute prima facie evidence of its validity. Section 9. Adiustment of Assessments. Upon completion of the sanitary sewer improvement and associated road restoration, the City shall credit to each of the assessments the difference in the assessment as originally made, approved, and confirmed and the proportionate share of the actual cost of the improvement to be paid by special assessments as finally determined upon the completion of the improvement, but in no event shall the final assessments exceed the amount of benefits originally assessed. Section 10. Authorization to City Manager. Upon adoption of this Resolution, the City Manager is hereby authorized to do all things necessary to effectuate the provisions of this Resolution. Page 4 of 14