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2017-073
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2017-073
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Last modified
7/26/2017 2:33:07 PM
Creation date
7/19/2017 2:39:34 PM
Metadata
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Resolutions
Resolution Number
2017-073
Approved Date
07/18/2017
Agenda Item Number
10.A.1.
Resolution Type
Utilities Third Resolution
Entity Name
Confirming Special Assessment
Subject
North Sebastian Septic to Sewer S2S Phase 1
Document Relationships
2016-063
(Agenda)
Path:
\Resolutions\2010's\2016
2016-064
(Agenda)
Path:
\Resolutions\2010's\2016
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RESOLUTION NO. 2017- 073 <br />WHEREAS, notice of the time and place of the public hearing was published in the Indian <br />River Press Journal on July 4, 2017 and on July 11, 2017 (at least twice, one week apart; the <br />last being at least one week prior to the hearing), as required by Section 206.06, Indian River <br />County Code; and <br />WHEREAS, the land owners of record were mailed notices on June 26, 2017 (at least ten <br />days prior to the hearing), as required by Section 206.06, Indian River County Code; and <br />WHEREAS, the Board, on Tuesday, July 18, 2017, at 9:05 a.m. (or as soon thereafter as <br />the public hearing was heard) conducted the public hearing with regard to the special 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 and <br />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 superior <br />in dignity to all other liens, titles and claims, until paid. The special assessment lien shall be <br />deemed perfected upon adoption by the Board of this Resolution and recordation of this Resolution <br />in the Official Records of the County maintained by the Clerk of Indian River County. Such <br />recordation shall constitute prima facie evidence of the validity of the special assessments imposed <br />for the Assessment Project in the Assessment Area. <br />3. The special assessment imposed shall be $4,989.12 per each Equivalent Residential Unit <br />(ERU) or a percentage of sane in the case of condominiums where units share ERUs, and shall be <br />due 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 two percent (2%) interest per annum. <br />4. The Board hereby finds and determines that the special assessments imposed in accordance <br />with this Resolution and Resolution Nos. 2017-063 and 2017-064 are based on the number of <br />existing ERUs for developed property; and for vacant property, the number of ERUs <br />conservatively calculated based on existing land use designation, zoning and size. The Board <br />hereby finds and determines that the properties assessed by this Resolution will receive special <br />2 <br />
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