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HomeMy WebLinkAbout03-295RESOLUTION NO. 03-295 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED INDIAN RIVER ESTATES MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has created the Indian River Estates Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Indian River Estates MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2004, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 9, 2003 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2004-2005 Fiscal Year and with the tax statement mailed for the 2004-2005 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the Indian River Estates MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Indian River Estates MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Aye Vice Chairman John Bruhn Aye Commissioner Doug Coward Aye Commissioner Cliff Barnes Aye Commissioner Frannie Hutchinson Aye PASSED AND DULY ADOPTED this 9th day of December, 2003. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: -3- SCRIPPS HOWARD EXRIBIT A SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune Port St. Lucia Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, S. Darlene Mailing, who on oath says that she is Classified Inside Sales Manager of the Fort Pierce Tribune and the Port St. Lucie Tdbune, a daily newspaper published at Fort Pieme in St. Lucie County, Florida: that the attached copy of advertisement was publshed in the Fort Pierce/Port St. Lucie Tribune in the following issues below. Affiant further says that the said Fort Pierce/Port St. Lucie Tribune is a newspaper published in Fort Pierce in said St. Lucia County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Florida, for a pedod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Fort Pierce Tribune has been entered as second class matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first, publication of the attached copy of advertisement. Ad Pub Customer Number Date ST LUCIE CO BOARD OF CO368882 CO 11/11/2003 ST LUCIE CO BOARD OF CO 11/18/2003 CO ST LUCIE CO BOARD OF CO 11/25/2003 CO ST LUCIE CO BOARD OF CO 12/2/2003 CO' Copyline PO # INDIANRIVER INDIANRIVER Subscribed and sworn to me before this date: December 02, 2003 ENGINEERING -4- NOTICE OF INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESS- MENTS AND NOTICE OF PUBLIC HEARING The Board of County| Commissioners of St./ Lucie County, Florida| (the ABoard@) herebyJ provides notice, pursu-J ant to Section 197.3632,J Florida Statutes, of its/ intent to use the unif0rmJ method of collecting| n6n-ad valorem spe~ial~ assessments to provldeJ potable water improge-~ ments/service to the In-~ dian River Estatles| MSBU within unincorl3o./ rated St. Lucie Countw Commenc ng County F scal Year 2004-2005. The Board will considleri the adoption of a resolu- tion stating its intent use the uniform methedl of collecting such a~-~ sessments authorzeidl by Section 197.3632,J Florida Statutes, at a/ public hear ng to b~J held at 9:00 a.m., TueS. day, December 9, 2003, at St. Lucie County Ad~ ministration Annex, iC°mmissi°n Chambers; | 2300 Virginia Avenue 1 Fort Pierce, F orid ' 34982 Such resolutio i will state the need f( the levy and will contai a legal description of th boundaries of the rea property subject to th~ levy._ Copies of the pro pose(3 torm of resoJu tion, which contains the legal description of the real property subject tc the levy, are on file al the office of the County Attorney of St. Lucie County, Florida, 2300 Virginia Avenue, Fort Pierce, Florida. All inter- ested persons are in. vited to attend. In the event any person decides to appea any decision by the Board of County CommisSionerst with respect to any mat-~ tar relating to the con- sideration of the resolu.~ tion at the above refer- enced public hearing, a record of the. proceeding may be needed and in such an event, such per.~~ n may need to ensurel at a verbatim record of| the public hearing made, which record in-| cludes the test mony~ and evidence on which~ the appeal is to be| based. DATED this 11th Day of November, 2003. By Order of: Clerk of the Circuit Court/ Ex Officio Clerk of the Board of| County Commissionersl of St. Lucie County ! Florida '[ lPublish: Novemb~r 11, 18, 25, and Dece~- ber 2, 2003 368882 EXHIBIT B DESCRIPTION: INDIAN RIVER ESTATES MSBU A PARCEL OF LAND LYING IN SECTIONS 2, 10, 11 AND 12, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: INDIAN RIVER ESTATES-UNIT 1 AS RECORDED IN PLAT BOOK 10, PAGE 43; INDIAN RIVER ESTATES - UNIT 2 AS RECORDED IN PLAT BOOK 10, PAGE 46; INDIAN RIVER ESTATES-UNIT 3 AS RECORDED IN PLAT BOOK 10, PAGE 47; INDIAN RIVER ESTATES- UNIT 4 AS RECORDED IN PLAT BOOK 10, PAGE 49; INDIAN RIVER ESTATES-UNIT 5 AS RECORDED IN PLAT BOOK 10, PAGE 58; INDIAN RIVER ESTATES-UNIT 6 AS RECORDED IN PLAT BOOK 10, PAGE 57; INDIAN RIVER ESTATES-UNIT 7 AS RECORDED IN PLAT BOOK 10, PAGE 75; INDIAN RIVER ESTATES-UNIT 8 AS RECORDED IN PLAT BOOK 10, PAGE 73; INDIAN RIVER ESTATES-UNIT 9 AS RECORDED IN PLAT BOOK 10, PAGE 74 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. TRACT "A", INDIAN RIVER ESTATES UNIT FOUR AS RECORDED IN PLAT BOOK 10 AT PAGE 49 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND; BEGIN AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF OAK DRIVE (AKA SILVER OAK DRIVE) AND WEATHERBEE ROAD AS SHOWN ON THE PLAT OF INDIAN RIVER ESTATES UNIT FOUR AS RECORDED IN PLAT BOOK 10 AT PAGE 49 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE S 89 58'00" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 590.00' FEET; THENCE S 00 00'0" E A DISTANCE OF 145.47' FEET; THENCE S 75 32'00" W A DISTANCE OF 382.12 FEET; THENCE S 00 00' 00" E A DISTANCE OF 152.33' FEET; THENCE S 68 13'00" W A DISTANCE OF 236.92' FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF OAK DRIVE; THENCE N 00 00' 00" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 481.52' FEET TO THE POINT OF BEGINNING. 10/23/02 -S- EXHIBIT "B" f \_/ /. t' Indian River Estates Scale: 1" = 1375' . MSBU r"""'~ MSBU ~ Ft. Pierce city limits Map prepared by Community Development October 16, 2003