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HomeMy WebLinkAbout03-303RESOLUTION NO. 03-303 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 SAEGAR AVENUE 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") is contemplating the creation of the Saegar Avenue 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 Saegar Avenue 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 Saegar Avenue MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Saegar Avenue 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. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman~/ /' APPROVED AS TO FORM AND CORRECTNESS: Co~ nty Attor7 ? 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 Tribune, 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. 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 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 firs! publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline PO # ST. LUCIE COUNTY BOCC 370984 11/11/2003 SAEGAR SAEGAR ST. LUCIE COUNTY BOCC 11/18/2003 ST. LUCIECOUNTYBOCC ST. LUCIE COUNTY BOCC 11/25/2003 12/2/2003 rj~.u - 8 ~u~J3 ENGiF~IEERING Subscribed and sworn to me before this date: December 02, 2003 f Notary Pu b'i~c :~z/ -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@) hereby provides notice, pursu- ant to Sect!on 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 the Saeger Avenue MSBU within unincorporated St. Lucie County com- mencing County Fiscal Year 2004-2005. The Board will consider the adoption of a resolution stating its intent to use the uniform method of collecting such assess- ments authorized by Section 197.3632, Flori- da Statutes; at a public hearing to be held at' 9:00 a.m., Tuesday, De- cember 9, 2003, at St.' Lucie County Adminis- tration Annex, Commis- sion Chambers, 2300 Virginia Avenue, Fort! Pierce, Florida 34982. Such resolution will state the need for the levy and will contain a legal description Of the boundaries of the real property subject to the levy. Copies of the pro- posed form of resolu- tion, which contains the legal description of the real property subject to the levy, are on file at 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 dec des to appeal any decision by the Board of County Commissioners with respect to any mat- ter 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- son may need to ensure that a verbatim record of the public hearing is made, which record in- cludes the testimony 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 Commissioners of St. Lucie County, Florida Publish: November 11, 18; 25, and Decem- tbet 2, 2003 370984 EXHIBIT B DESCRIPTION: SAEGER AVENUE MSBU A PARCEL OF LAND LYING WITHIN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 9, T - 35 - S, R - 40 -E, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 105' FEET OF THE SOUTH 130' FEET OF LOTS 222 AND 223 ACCORDING TO SHEEN'S PLAT OF WHITE CITY AS RECORDED IN PLAT BOOK 1, AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH NORTH 105' FEET OF THE SOUTH 235' FEET OF THE EAST 97.23' FEET OF THE WEST 511.15' FEET OF LOT 223, SHEEN'S PLAT OF WHITE CITY, AS RECORDED IN PLAT BOOK 1 AT PAGE 23. THE ABOVE DESCRIBED PARCEL ALSO BEING A PART OF THE BROOME TIOGA SUBDIVISION, AN UNRECORDED PLAT. LESS AND EXCEPT ALL ROAD RIGHT OF WAY OF RECORD. -5- EXHIBIT "B"