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2021-030
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Last modified
5/3/2021 2:58:12 PM
Creation date
4/27/2021 11:12:14 AM
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Resolutions
Resolution Number
2021-030
Approved Date
04/20/2021
Agenda Item Number
10.A.3.
Resolution Type
Special Assessment
Entity Name
North Sebastian Water and Sewer Project, Phase 2
Subject
Confirming Special Assessments for certain properties
Document Relationships
2021-031
(Cover Page)
Path:
\Resolutions\2020's\2021
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RESOLUTION NO. 2021- 030 <br />WHEREAS, Resolution No. 2021-021, adopted by the Board on March 9, 2021, set a time <br />and place for a public hearing at which the owners of the specially benefited properties in the <br />Assessment Area to be assessed for the Assessment Project and other interested persons would <br />have the chance to be heard as to any and all complaints as to the Assessment Project and the <br />special assessments imposed on the specially benefited properties in the Assessment Area, and <br />for the,Board to act as required by Section 206.07, Indian River County Code; and <br />WHEREAS, notice of the time and place of the public hearing was published in the Indian <br />River Press Journal on April 6, 2021 and on April 13, 2021 (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 March 12, 2021 (at least <br />ten days prior to the hearing), as required by Section 206.06, Indian River County Code; and <br />WHEREAS, the Board, on Tuesday, April 20, 2021, 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 $2,247.76, 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 />
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