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2017-028
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Last modified
3/20/2017 4:05:45 PM
Creation date
3/15/2017 3:18:50 PM
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Resolutions
Resolution Number
2017-028
Approved Date
03/14/2017
Agenda Item Number
10.A.2.
Resolution Type
Special Assessment
Entity Name
Collier Creek
Redaction on Page Headed Fleming, Bruce
Subject
Water Assessment Project
Area
Collier Creek Estates Sebastian
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RESOLUTION NO. 2017- 028 <br />WHEREAS, the Board, on Tuesday, March 14, 2017, at 9:05 a.m. (or as soon thereafter <br />as the public hearing was heard) conducted the public hearing with regard to the special <br />assessments; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: <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 benefited <br />properties in the Assessment Area shown on the assessment roll attached hereto as Exhibit "A" <br />and incorporated herein by this reference are hereby confirmed and approved, and shall remain <br />legal, valid, and binding first liens upon and against the specially benefited properties shown on <br />attached Exhibit "A" until paid in full. The special assessments for the Assessment Project shall <br />constitute a lien against the specially assessed property in the Assessment Area equal in rank <br />and dignity with the liens of all state, county, district or municipal taxes, and other non -ad valorem <br />assessments. Except as otherwise provided by law, such special assessment lien shall be <br />superior in dignity to all other liens, titles and claims, until paid. The special assessment lien shall <br />be deemed perfected upon adoption by the Board of this Resolution and recordation of this <br />Resolution in the Official Records of the County maintained by the Clerk of Indian River County. <br />Such recordation shall constitute prima facie evidence of the validity of the special assessments <br />imposed for the Assessment Project in the Assessment Area. <br />3. The special assessment imposed per parcel is in the amount of $6,250.00, and shall be due <br />and payable and may be paid in full without interest within 90 days after the date of the passage <br />of the as -built resolution by the Board. The as -built resolution occurs after completion of the <br />improvements. If not paid in full within the 90 -day period from the passage of the as -built <br />resolution, then the special assessment may be paid in ten equal yearly installments of principal <br />plus interest; said interest rate to be determined by the Board when the improvements are <br />completed. <br />4. The Board hereby finds and determines that the special assessments imposed in accordance <br />with this Resolution and Resolution Nos. 2017-004 and 2017-005 provide an equitable method of <br />funding the construction of the Assessment Project based upon the current uses, sizes, zoning <br />and development potential of the parcels which are equally benefited by the provision of water, <br />and thus the allocation of the assessment will be equal per parcel as described in Resolution No. <br />2017-004. The Board hereby finds and determines that the properties assessed by this <br />Resolution will receive special benefits equal to or greater than the cost of the special assessment. <br />The resolution was moved for adoption by Commissioner 0' Bryan , and the <br />motion was seconded by Commissioner Flescher , and, upon being put to a vote, the <br />vote was as follows: <br />
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