HomeMy WebLinkAbout2012-017Public Hearing (Third Reso)
RESOLUTION NO. 2012- 017
2197711
1"HI5 DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2560 PG: 1493, Paget of 4
031121`2012 at 08:44 AM,
JEFFREY K BARI ON, CLERK OF
Ct�l1R1
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL
ASSESSMENTS IN CONNECTION WITH WATER MAIN EXPANSION TO
SHADY ACRES SUBDIVISION IN INDIAN RIVER COUNTY, FLORIDA; AND
PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF
RECORD.
WHEREAS, the Board of County Commissioners of Indian River County ("Board") has,
by Resolution No. 2012-007, determined to make special assessments against certain
properties to be specially benefited and serviced by a water main extension ("Assessment
Project") to Shady Acres Subdivision in Indian River County, Florida; and
WHEREAS, Resolution No. 2012-007 described the method of assessing the cost of the
Assessment Project against the specially benefited properties in the Assessment Area and how
the special assessments imposed on the specially benefited properties in the Assessment Area
are to be paid; and
WHEREAS, Resolution No. 2012-007 was published in the Vero Beach Press Journal,
as required by Section 206.04, Indian River County Code; and
WHEREAS, Resolution No. 2012-008, adopted by the Board, set a time and place for a
public hearing at which the owners of the specially benefited properties in the Assessment Area
to be assessed for the Assessment Project and other interested persons would have the chance
to be heard as to any and all complaints as to the Assessment Project and the special
assessments imposed on the specially benefited properties in the Assessment Area, and for
the Board to act as required by Section 206.07, Indian River County Code; and
WHEREAS, notice of the time and place of the public hearing was published in the
Press Journal Newspaper on Friday, February 17, 2012, and on Friday, February 24, 2012 (at
least twice one week apart; the last being at least one week prior to the hearing), as required by
Section 206.06, Indian River County Code; and
WHEREAS, the land owners of record were mailed notices at least ten days prior to the
hearing, as required by Section 206.06, Indian River County Code; and
WHEREAS, the Board, on Tuesday, March 6, 2012, at 9:05 a.m. (or as soon thereafter
as the public hearing was heard) conducted the public hearing with regard to the special
)ssessments;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
'This document was prepared by
and �Ihonld be returned to
the County Attorney's Office
1801 27th Street
Vero Beach, Florida 32960
RESOLUTION NO. 2012-017
1. The foregoing recitals are affirmed and ratified in their entirety.
2. The special assessments imposed for the Assessment Project against the specially
benefited properties in the Assessment Area shown on the assessment roll attached hereto as
Exhibit "A" and incorporated herein by this reference are hereby confirmed and approved, and
shall remain legal, valid, and binding first liens against the specially benefited properties shown
on attached Exhibit "A" until paid in full. The special assessments for the Assessment Project
shall constitute a lien against the specially assessed property in the Assessment Area equal in
rank and dignity with the liens of all state, county, district or municipal taxes, and other non -ad
valorem assessments. Except as otherwise provided by law, such special assessment lien shall
be superior in dignity to all other liens, titles and claims, until paid. The special assessment lien
shall be deemed perfected upon adoption by the Board of this Resolution and recordation of this
Resolution in the Official Records of the County maintained by the Clerk of Indian River County.
Such recordation shall constitute prima facie evidence of the validity of the special assessments
imposed for the Assessment Project in the Assessment Area,
3. The Board hereby finds and determines that the special assessments imposed in
accordance with this Resolution and Resolution No. 2012-007 provide an equitable method of
funding the construction of the Assessment Project by fairly and reasonably allocating the cost
to specially benefited property, based upon the square footage attributable to each parcel of
property in the manner described in Resolution No. 2012-007, The Board hereby finds and
determines that the properties assessed by this Resolution will receive special benefits equal to
or greater than the cost of the special assessment.
The resolution was moved for adoption by Commissioner Davis ,and the
motion was seconded by Commissioner Flescher and, upon being put to a vote, the
vote was as follows:
Chairman Gary C. Wheeler Aye
Vice Chairman Peter D. O'Bryan Ave
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Bob Solari Aye
The Chairman thereupon declared the resolution duly passed and adopted this 6th day
of March, 2012.
BOARD OF COUNTY COMMISSIONERS
INDIAN,RIVER COUNTY, FLORIDA
Attest: J. K. Barton, Clerk :..
By
!Deputy Clerk
Approved apo to fore and legal s icierrcy ,
William K. DeBraal
Deputy County Attorney
pMMl8s/o
Gary�Wheeler, Chairman
Attachment: Exhibit "A" -Assessment Roll (to be recorded on Public Records)
EXHIBIT A
PRELIMINARY ASSESSMENT - SHADY ACRES - JANUARY 31, 2011
PARCEL # 33-39-11-00028-0000-00004.0 Sql 42,330 ASSESSMENT = $ 20483.30
OWNER BURKETT, JANE CAROLINE COST PER FOOT =,058665249
1015 24TH AVE
VERO BAECH, FL 32960
LEGAL SHADY ACRES
LOT 4 PBI 8-90
PROPERTY 1015 24TH AVE
PARCEL # 33-39-11-00028-0000-00003.0 SgFt 42,330 ASSESSMENT = $ 2,483.30
OWNER GEISLER, DOROTHY L. COST PER FOOT =,058665249
1016 24TH AVE
VERO BEACH, FL
LEGAL SHADY ACRES
LOT 3 PBI 8-90
PROPERTY 1016 24TH AVE
PARCEL # 33-39-11-00028-0000-00002.0 SgFt 42,330 ASSESSMENT = $ 2,483.30
OWNER KAUFFMANN, ALAN C. & LAURA C. COST PER FOOT =,058665249
1026 24TH AVE
VERO BEACH, FL 32960
LEGAL SHADY ACRES
LOT 2 PBI 8-90
PROPERTY 1026 24TH AVE
PARCEL # 33-39-11-00028-0000-00006.0 SgFt 42,330 ASSESSMENT = $ 2,483.30
OWNER THERIAULT, JOSEPH R. & BEVELON J. COST PER FOOT = .058665249
1035 24TH AVE
VERO BEACH, FL 32960
LEGAL SHADY ACRES
LOT 6 PBI 8-90
PROPERTY 1035 24TH AVE
PARCEL # 33-39-11-00028-0000-00001.0 SgFt 42,330 ASSESSMENT = $ 2,483.30
OWNER WILLIAMS, BRACY LYNN COST PER FOOT =,058665249
1036 24TH AVE
VERO BEACH, FL 32960
LEGAL SHADY ACRES
LOT 1 PBI 8-90
1
PROPERTY 1036 24TH AVE
PARCEL #
33-39-11-00028-0000-00005.0 SgFt
OWNER
STREAKER, MAXWELL D. & KAREN E.
7920 SW 154TH TERR
PALMETTO BAY, FL 33157
LEGAL
SHADY ACRES
LOT 5 PBI 8-90
PROPERTY
1025 24TH AVE
2
42,330 ASSESSMENT = $ 2,483.30
COST PER FOOT =.058665249
TOTAL AMOUNT ASSESSED = $ 14,899.80
JRR 01/31/2012