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HomeMy WebLinkAbout2008-075RESOLUTION NO. 2008- 075 AN AMENDMENT TO RESOLUTION NO. 2008-029 OF INDIAN RIVER COUNTY THAT CERTIFIED "AS BUILT' COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 31ST AND 32ND AVENUES SW, FROM 10T" STREET SW, TO 13T" STREET SW, DESIGNATED AS COUNTY PROJECT NO. 0420 TO PROVIDE FOR AN AMENDED COMPLETION DATE, AMENDED INTEREST RATE, AND AMENDED DATE FOR PREPAYMENT WITHOUT PENALTY OR INTEREST. LEGISLATIVE FINDINGS. A. Pursuant to Resolution No. 2005-049, duly adopted by the Indian River County Board of County Commissioners on May 3, 2005, following a properly noticed and advertised public hearing, special assessments in the amounts set forth in the assessment roll affixed to Resolution No. 2005-049 were confirmed, ratified, approved, and became liens against the properties specified therein. B. On March 4, 2008, the Board of County Commissioners adopted Resolution No. 2008-29 to set forth the payment dates and the interest rates applicable to the special assessment Project No. 0420. C. Thereafter, it was determined that the interest rate and the payment dates set forth in Resolution No. 2008-29 were incorrect and required amendment. D. The Board desires to adopt this Resolution to provide the correct interest rates and payment dates in the form of an amendment to Resolution No. 2008-029. II. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The foregoing Legislative Findings are adopted, affirmed, and ratified in their entirety. 2. Resolution No. 2005-049 is modified as follows: The completion date for Project No. 0420 is declared to be June 3, 2008. Payments may be made without interest and penalty charges from June 4, 2008 through and including September 1, 2008. Any payment made on and after September 2, 2008 shall bear interest as set forth in this Resolution. 3. If payment in full is not made on or before September 1, 2008, any and all payments made thereafter, and continuing through and including June 2, 2013, shall be made as follows: payments shall bear simple interest at the rate of 5.75% (five and three- quarters percent) and may be made in five (5) equal installments, the first to be made on or before June 3, 2009, and the last to be made on or before June 2, 2013. Any amount of principal, with accrued interest, including payment in full, may be made at any time from September 2, 2008 through and including June 2, 2013. Any payment received after June RESOLUTION NO. 2008- 075 27 2013 shall bear interest as set forth herein and a penalty charge accruing monthly until paid. 4. Except as specifically amended by this Resolution, all other terms and provisions of Resolution No. 2008-029 shall remain in full force and effect. This Resolution was moved for adoption by Commissioner Wesley S. Davis , and the motion was seconded by Commissioner Joseph E. Flescher and, upon being put to a vote, the vote was as follows: Chairman Sandra L. Bowden Vice -Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Gary C. Wheeler Aye Aye Aye ►0 \a f � l 4y DULY PASSED AND ADOPTED THIS 3rd DAY OF JUNE. 2Oi INDIAN RIVER COUNTY- , BOARD OF COUNTYvaOM11 dra L. Bowden, Attest: J. K. Barton, Clerk M a J 4eph A. 14aird, County Administrator to form and legal sufficiency: E. Fell, Senior Ass ty Attorney 2