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HomeMy WebLinkAbout03-308RESOLUTION NO. 03-308 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 SUNLAND GARDENS 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 Sunland Gardens 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 Sunland Gardens 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". 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 Sunland Gardens MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Sunland Gardens 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. -2.- 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. ATTEST: J~ ,.~ .~.~ ~'~' ~ BOARD OF COUN~COMMISSlONERS ~ .~ ~ ,~[~.:, ~:..~ ST. LUCIE COUNt, FLORIDA ' Deputy~erk / ~ ' Chairm~ APPROVED AS TO FORM AND CORRECTNESS: County Att -3- EXHIBIT A SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune Port St. Lucie 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 Pierce 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. Lucie 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 period 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 orcoporation any discount, rebate, commission or refund for the purpose of secudng 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 firs! publication of the attached copy of advertisement. A__d Pub Customer Number Date Cop¥1ine PO # ST. LUCIE COUNTY BOCC 371182 11/11/2003 SuNLANDPHASE1 SUNLANDPHAS1 ST. LUCIE COUNTY BOCC ST. LUCIECOUNTYBOCC 11/18/2003 11/25/2003 ENGINEERING ST. LUCIE COUNTY BOCC 12/2/2003 Subscribed and sworn to me before this date: December 02, 2003 Notary P~blic/ /---~-O~ INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESS- MENTS AND NOTICE OF PUBLIC HEARING The Board of County Commissioner. s Of St. Lucie County, Florida (the ABoard@) hereby provides notice, pursu- ant to Secton 197.3632, Florida Statutes, of its intent to use the uniform method of collecting non-ad valorem special assessments to provide potable water improve- ments/service to th~ Sunland Gardens Phase 1 MSBU within uninco porated St. Lucie Count commencing Count Fiscal Year 2004-200 The Board will consid~ the adoption of a resolu- tion stating its intent to use the uniform method of collecting such as- sessments authorze~ by Section 197.3632 Florida Statutes, at public hear ng to held at 9:00 a.m., Tues. day, December 9, 2003, at. St. Lucie County Ad- ministration Anne Commission Chamber 2300 Virginia Avem Fort Pierce, Florid.~ 34982. Such resolution will state the need for the levy and wi/ COnta nj a legal description of thel boundaries of the real/ property subject to the/ levy. Copies of the posed form of resolu-: lion, which contains the' legal description of the rear property subject to the levy, are on file at the office of the County; Attorney of St. Lucie/ County, Forda, 23001 V rginia Avenue, Fort[ Pierce, Florida. All inter-' ested persons are in- vited to attend. In the event any person decides to appeal decision by the County Commissioner with respect to any ter relating to the , sideration of the lion at the above refe enced public hearing; record of the may be nee, such an event, such son may need to that a verbatim the public hearing made, which record cludes the testimo~ and evidence on whi, the appeal is to ! based. DATED this 11th Day November, 2003. By Order of C erk of the Circuit Cour Ex Officio Clerk of the Board o County Commissioners of St. Luc e County, Florida · Publish: November 11, 18, 25, and Decem- ber 2, 2003 371182 -4- EXHIBIT B DESCRIPTION: SUNLAND GARDENS MSBU A PARCEL OF LAND LYING IN SECTIONS 5AND 8, T-35-S, R-40-E, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; LOTS 12 THRU 18, BLOCK 30 AND LOTS 12 THRU 20 AND THE SOUTH ~ OF LOT 11, BLOCK 29 AND BLOCKS 31 AND 32 OF THE PLAT OF SUNLAND GARDENS AS RECORDED IN PLAT BOOK 8 AT PAGE 32 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH BLOCKS 33, 34, 35 AND 36 OF THE PLAT OF SUNLAND GARDENS UNIT 2 AS RECORDED IN PLAT BOOK 9 AT PAGE 54; TOGETHER WITH LOTS 11 THRU 14, BLOCK 37 AND LOTS 9 THRU 14, BLOCK 40 AND LOTS 9 THRU 14, BLOCK 41 AND LOTS 9 THRU 14, BLOCK 44 OF THE PLAT OF SUNLAND GARDENS UNIT 3 AS RECORDED IN PLAT BOOK 9 AT PAGE 67 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH LOTS 1 AND 2 OF STOCKER'S SUBDIVISION AS RECORDED IN PLAT BOOK 31 AT PAGE 7; TOGETHER WITH LOTS 1, 2, 3, 4 AND 20 OF THE PLAT OF WOODLAWN TERRACE AS RECORDED IN PLAT BOOK 9 AT PAGE 49; TOGETHER WITH LOTS 1, 2, 19 AND 20 OF THE PLAT OF TRADE WINDS SUBDIVISION AS RECORDED IN PLAT BOOK 9 AT PAGE 42 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND; ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5, T-35-S, R-40-E, ST LUCIE COUNTY, FLORIDA LYING NORTHEAST OF ANGLE ROAD AND WEST OF NORTH 37TM STI~EET AND SOUTH OF Avenue I; TOGETHER WITH THE WEST ONE ACRE OF LOT 102 OF GARDEN CITY FARMS SUBDIVISION AS RECORDED IN PLAT BOOK 2 AT PAGE 5 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH ALL THAT PART OF THE SW 1/4 OF THE SW 1/4 OF SECTION 5, T-35-S, R-40-E, ST. LUCIE COUNTY, FLORIDA LYING SOUTHWESTERLY OF ANGLE ROAD; LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND; COMMENCE AT THE NORTH LINE OF LOT 105 OF GARDEN CITY FARMS AND THE WEST RIGHT OF WAY LINE OF ANGLE ROAD, SAID RIGHT OF WAY LYING 33' FEET SOUTHWESTERLY OF THE BASE LINE OF SURVEY AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF -5- EXHIBIT B DESCRIPTION: SUNLAND GARDENS MSBU WAY MAP OF ANGLE ROAD, SECTION NO. 9400-102, LAST REVISION DATE NOVEMBER 1967; THENCE S 43 01'31" E ALONG THE WESTERLY RIGHT OF WAY LINE OF ANGLE ROAD A DISTANCE OF 422.4' FEET TO THE POINT OF BEGINNING; PAGE 2 THENCE CONTINUE S 43 01'31" E ALONG SAID RIGHT OF WAY LINE DISTANCE OF 150' FEET; THENCE S 46 58'29" W DEPARTING SAID RIGHT OF WAY LINE A DISTANCE OF 99' FEET; THENCE N 43 01'31" W A DISTANCE OF 100' FEET; THENCE S 46 58'29" W A DISTANCE OF 315.8' FEET; THENCE S 00 00'01" E A DISTANCE OF 30' FEET; THENCE S 89 59'59" W A DISTANCE OF 34.5' FEET TO A POINT ON THE WEST LINE OF SECTION 5, T-35-S, R-40-E; THENCE N 00 02'06" E ALONG SAID WEST LINE OF SECTION 5 A DISTANCE OF 65.68' FEET; THENCE N 46 58'29" E A DISTANCE OF 417.84' FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND LYING IN SECTION 8, T-35-S, R-40-E, ST. LUCIE COUNTY, FLORIDA; BEGIN AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF NORTH 41ST STREET AND THE SOUTH RIGHT OF WAY LINE OF METZGER AVENUE; THENCE EAST ALONG THE SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 581.70' FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF NORTH 39TM STREET; THENCE SOUTH ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 375.28' FEET; THENCE WEST AND PARALLEL WITH THE SOUTH LINE OF THE NW 1/4 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 8, T-35-S, R-40-E A DISTANCE OF 455.68' FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SECTION 8 A DISTANCE OF 84' FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF THE NW 1/4 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 8 A DISTANCE OF 120' FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF NORTH 41ST STREET; THENCE NORTH ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 290' FEET TO THE POINT OF BEGINNING; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND; BEGIN AT A POINT 25' FEET EAST AND 25' SOUTH OF THE NORTHWEST CORNER OF THE WEST ~ OF THE NE 1/4 OF THE NW 1/4 OF SECTION 8, T-35-S, R-40-E; SAID POINT BEING THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF METZGER AVENUE AND THE EAST RIGHT OF WAY LINE OF NORTH 39TM STREET; THENCE SOUTH ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 200' FEET; THENCE EAST PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF METZGER AVENUE A DISTANCE OF 135.25' FEET; THENCE NORTH PARALLEL WITH THE EAST RIGHT OF WAY LINE OF NORTH 39TM STREET A DISTANCE OF 200' FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF METZGER AVENUE; THENCE WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 135.25' FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT ALL RIGHT OF WAYS OF RECORD EXHIBIT "B" Sunland ,/ J{ Gardens Scale: 1" = 400' a-'~ Map revised November 19, 20 ..,,~; ~,~~ ~ ~ ~ ~ r', ir, i i  q~ ~ ~ - _, - ,- L -1 i 1.60