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As Built (Final Reso.) RESOLUTION NO. 2009- 161 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF WATER SERVICE TO 129th PLACE (A PORTION OF INDIAN RIVER ACRES) INDIAN RIVER COUNTY, FLORIDA, AND SUCH OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY ANDINTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that water improvements for properties located on 129th Place (a portion of Indian River Acres) in Indian River County, Florida, are necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, October 7, 2008, the Board held a public hearing at which time and place the owners of property to be assessed appeared before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 2008-168, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, the Director of Utility Services has certified the actual "as -built" cost now that the project has been completed is the less than in confirming Resolution No. 2008- 168, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 2008-168 payment may be made avoiding interest and penalty charges ninety days after passage of this resolution. 2. Payments bearing interest at the rate of 5.75% per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is the date of passage of this resolution. 3. The final assessment roll for the project listed in Resolution No. 2008-168 shall be as shown on the attached Exhibit "A." 4. The assessments, as shown on the attached Exhibit "A," shall stand confirmed, and will remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown on Exhibit "A," attached to Resolution No. 2008-168, were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity.