HomeMy WebLinkAbout2008-088RESOLUTION NO. 2008=088
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE
COUNTY UTILITIES DIRECTOR TO EXECUTE CERTAIN UTILITIES
RELATED DOCUMENTS ON BEHALF OF THE BOARD OF COUNTY
COMMISSIONERS AND REPEALING EXISTING RESOLUTIONS
NOS. 95-31 AND 96=26.
WHEREAS, pursuant to The Code of Indian River County, the County allows special
assessments for water and sewer charges to be financed and liens for the amounts financed to
be recorded in the public records; and
WHEREAS, pursuant to The Code of Indian River County, the County allows financing
of water and/or sewer impact fees as documented by a written agreement and promissory note
and the lien therefor is recorded in the public records; and
WHEREAS, when any of the foregoing liens are paid off, the County provides a release
and satisfaction of the lien to the property owner; and
WHEREAS, the County also receives requests for subordination of impact fee
agreements; and
WHEREAS, it is beneficial to streamline the process by authorizing someone to sign on
the Board of County Commissioners' behalf; and
WHEREAS, Resolutions Nos. 95-31 and 96-26, authorized the County Administrator, or
his designee, to sign the foregoing standard documents, and, further, authorized the Utilities
Services Director to sign on behalf of the County; and
WHEREAS, the County Administrator's signature is ministerial in nature and not
required for legal efficacy; and
WHEREAS, the County Administrator cannot designate the Utilities Director as his
designee because the Utilities Director is already a signatory to these documents;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Resolutions Nos. 95-31 and 96-26 are hereby repealed, effective July 1, 2008.
2. The Board of County Commissioners hereby delegates the authority to the Utilities
Director, or his designee, to execute standard forms of water and sewer assessment
lien releases, connection fee extension liens, subordinations and assumptions of
connection fee liens, and connection fee extension lien releases on behalf of the
County, provided that all such documents contain the signature of the County
Attorney, or designee, approving such documents as to form and legal sufficiency.
1
RESOLUTION NO. 2008- 088
The resolution was moved for adoption by Commissioner Peter D. O'Bryan , and
the motion was seconded by Commissioner Wesley S. Davis and, upon being put to a
vote, the vote was as follows:
Chairman Sandra L. Bowden Aye
Vice Chairman Wesley S. Davis Ave
Commissioner Joseph E. Flescher Aye
Commissioner Peter D. O'Bryan Aye
Commissioner Gary C. Wheeler Ave
The Chairman thereupon declared the resolution duly passed adoptetl, and eftecty e
this tdt day of July, 2008. `
Attest: J. K. Barton, Clerk
By: Qut�
Deputy Clerk
as to form and legal sufficiency:
'Marian E. Feller
Senior Assistant County Attorney
BOARD OF COUNT':YCOMMISSIONERS(-
INDIAN RIVER COUNT)' TI RIDA•o•t �.'
andra L. BowdPfj vChairma