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RESOLUTION NO. 2004- 121 <br /> 1. The foregoing recitals are affirmed and ratified in their entirety. <br /> 2. The special assessments imposed for the Assessment Project against the specially <br /> benefited properties in the Assessment Area shown on the assessment roll attached hereto as <br /> Exhibit "A" and incorporated herein by this reference are hereby confirmed and approved, and <br /> shall remain legal, valid, and binding first liens against the specially benefited properties shown <br /> on attached Exhibit "A" until paid in full. The special assessments for the Assessment Project <br /> shall constitute a lien against the specially assessed property in the Assessment Area equal in <br /> rank and dignity with the liens of all state, county, district or municipal taxes, and other non-ad <br /> valorem assessments. Except as otherwise provided by law, such special assessment lien <br /> shall be superior in dignity to all other liens, titles and claims, until paid. The special <br /> assessment lien shall be deemed perfected upon adoption by the Board of this Resolution and <br /> recordation of this Resolution in the Official Records of the County maintained by the Clerk of <br /> Indian River County. Such recordation shall constitute prima facie evidence of the validity of <br /> the special assessments imposed for the Assessment Project in the Assessment Area. <br /> 3. The Board hereby finds and determines that the special assessments imposed in <br /> accordance with this Resolution and Resolution No. 2004-103 provide an equitable method of <br /> funding the construction of the Assessment Project by fairly and reasonably allocating the cost <br /> to specially benefited property, based upon the square footage attributable to each parcel of <br /> property in the manner described in Resolution No. 2004-103. The Board hereby finds and <br /> determines that the properties assessed by this Resolution will receive special benefits equal to <br /> or greater than the cost of the special assessment. <br /> The resolution was moved for adoption by Commissioner Adams and the <br /> motion was seconded by Commissioner Lowther , and, upon being put to a vote, the <br /> vote was as follows: <br /> Chairman Caroline D. Ginn Aye <br /> Vice Chairman Arthur R. Neuberger Aye <br /> Commissioner Kenneth R. Macht Aye <br /> Commissioner Fran B. Adams Ay @_ <br /> .Commissioner Thomas S. Lowther Aye <br /> The,6�61*96r thereupon declared the resolution duly passed and adopted this 121h day <br /> of October,.2004 - <br /> BOARD OF COUNTY COMMISSIONERS <br /> INDIAN RIVER COUNTY FLORIDA' <br /> Attest: 'J. K Barton, Clerk <br /> By: /�tcu� , <br /> By , � Caroline D. Ginn, Ch firman <br /> Deputy";'GH�'rka, <br /> Ap ve as to form and;leZaI suff' ' ncy: <br /> By <br /> Ma an E. ell <br /> Assistant County Attorney <br /> Attachment: Exhibit "A" -Assessment Roll <br /> (to be recorded on Public Records) <br />