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RESOLUTION NO. 2008=088 <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS <br />OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE <br />COUNTY UTILITIES DIRECTOR TO EXECUTE CERTAIN UTILITIES <br />RELATED DOCUMENTS ON BEHALF OF THE BOARD OF COUNTY <br />COMMISSIONERS AND REPEALING EXISTING RESOLUTIONS <br />NOS. 95-31 AND 96=26. <br />WHEREAS, pursuant to The Code of Indian River County, the County allows special <br />assessments for water and sewer charges to be financed and liens for the amounts financed to <br />be recorded in the public records; and <br />WHEREAS, pursuant to The Code of Indian River County, the County allows financing <br />of water and/or sewer impact fees as documented by a written agreement and promissory note <br />and the lien therefor is recorded in the public records; and <br />WHEREAS, when any of the foregoing liens are paid off, the County provides a release <br />and satisfaction of the lien to the property owner; and <br />WHEREAS, the County also receives requests for subordination of impact fee <br />agreements; and <br />WHEREAS, it is beneficial to streamline the process by authorizing someone to sign on <br />the Board of County Commissioners' behalf; and <br />WHEREAS, Resolutions Nos. 95-31 and 96-26, authorized the County Administrator, or <br />his designee, to sign the foregoing standard documents, and, further, authorized the Utilities <br />Services Director to sign on behalf of the County; and <br />WHEREAS, the County Administrator's signature is ministerial in nature and not <br />required for legal efficacy; and <br />WHEREAS, the County Administrator cannot designate the Utilities Director as his <br />designee because the Utilities Director is already a signatory to these documents; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: <br />1. Resolutions Nos. 95-31 and 96-26 are hereby repealed, effective July 1, 2008. <br />2. The Board of County Commissioners hereby delegates the authority to the Utilities <br />Director, or his designee, to execute standard forms of water and sewer assessment <br />lien releases, connection fee extension liens, subordinations and assumptions of <br />connection fee liens, and connection fee extension lien releases on behalf of the <br />County, provided that all such documents contain the signature of the County <br />Attorney, or designee, approving such documents as to form and legal sufficiency. <br />1 <br />