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ORDINANCE 91-37
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA AMENDING SECTION 11-47 OF THE
INDIAN RIVER COUNTY CODE (1974 EDITION)
TO DIRECT THE CLERK OF THE COURT TO
RECORDSPECIAL ASSESSMENTS Iii THE
"OFFICIAL RECORDS BOOKS" OF THE COUNTY
WHEREAS, Section 11-47 currently provides for special
assessments to be recorded by the Clerk in a separate book to be
known as the "Assessment Lien Book", and
and
WHEREAS, said book is maintained by the Tax Collector,
WHEREAS, it has been the practice in many instances to
record -special -assessments-hn4he-official-records oaks, a-nd
WHEREAS, orderly administration dictates that this practice
be clarified,
NOW, THEREFORE, be it resolved by the Board of County
Commissioners of Indian River County, Florida that:
SECTION 1. AMENDMENT.
Section 11-47 is hereby separated into two sections and
revised as follows:
Section 11-47 Equalizing Board
At the time and place named in the notice provided for in section
11-46 the board shall meet as the equalizing board to hear and
consider any and all complaints as to the special assessments and it
shall adjust and equalize the special assessments on the basis of
justice and right. -When s elied an approved by rh�ution-o
the board, the special assessments shall stand confirmed and shall
remain legal, valid and binding first liens upon the property against
which the special assessments were made, until paid in full. Promptly
after confirmation, -the_slieciaL-assessment shall be recorded by the
clerk of the county in the Official Record Books of the county and
such recordation shall include indexing by the individual property
owners name. The recordation of the lien shall be prima facie
evidence of its validity.
i
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Section 11-48 Final "As Built" Assessment
Upon completion of the improvements, the county shall credit to each
of the special assessments the difference in the special assessment as
originally made, approved and confirmed and the proportionate part of
the-actual--cost-of the improvements-tome-paid-by-apeeial-assessments,
as finally determined upon the completion of the improvements, but in
no event shall the final special assessments exceed the amount
SECTION 2. SEVERABILITY.
If any section, or if any sentence, paragraph, phrase, or
word of this ordinance is for any reason held to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have been the
legislative intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 3. EFFECTIVE DATE.
This ordinance shall become effective on ecoming law.
Approved and adop�>ly the Board of -County-
Commissioners
CountyCommissioners of Indian River County, Florida, on this 2nd day of
July 1991.
m' :s erdiranee�.nn-Rdirertiseda +ham Vero Beach Press -
Journal on -the -3 da3iof lune 1991, for a public hearing to
be held on the 2 day of J u 1 y , 1991, at which time it was
moved for adoption by Commissioner Wheel er and the motion
was seconded by Commissioner Eggert , and, adopted by the
following vote:
Chairman Richard N. Bird
Aye
Vice Chairman Gary C. Wheeler
Commissioner Don C. Scurlock, Jr.
A Ye
Commissioner Margaret C. Bowman
int
Commissioner Carolyn K. Eggert
Tye
BOARD OF COUNTY COMMISSIONERS
IND_IAN RIVER
COUNTY, FLORIDA 1"
By
Richard N
Bird .'
Chaim
Attest by
r.
2
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Acknowledgment by the Department of State of the State of Florida,
this 8th day of July , 1991.
Effective date: Acknowledgment for the Department of State received
on this 10th day of July , 1991, at 110:00 a.m./p•m. and filed
In the Office of the Clerk of the Board of CouiffTTunimissioners of
Indian River County, Florida.
Incan Alva Co Apffaved Date
Admin. _p
Legal
Budges _ (2
Dew.
Risk Mgr.
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