The URL can be used to link to this page

Home My WebLink About04-208 Pr¡)(>ed'l ~f' ~·.¡:(.Ji '10: L(\j;(I¿t','~ p.. ÞI, {. i,¡}c;r/l.s (J\ :) ðiA Ú;Dí. r:ìMAr1C¿ RESOLUTION NO. 04- 208 D1'10 F¡ It-- T",-1. û>\ledOí A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DETERMINING THAT A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO CERTAIN PROPERTIES IN THE GREEN ACRES SUBDIVISION IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITHIN A PROPOSED GREEN ACRES MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 100'0 OF THE BENEFITS OF THE PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED GREEN ACRES MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT THE METHOD OF ASSESSMENT FOR THE POTABLE WATER IMPROVEMENTS SHALL BE BASED UPON THE EQUIV ALENT RESIDENTIAL CONNECTION METHOD; DETERMINING THAT THE COST OF THE PROJECT IS NOT IN EXCESS OF THE BENEFIT; CREATING THE GREEN ACRES MUNICIPAL SERVICES BENEFIT UNIT; RESOLVING THAT 100'0 OF THE COST OF THE PROJECT SHOULD BE FUNDED BY NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED ON PROPERTIES WITHIN THE GREEN ACRES MUNICIPAL SERVICES BENEFIT UNIT THROUGH AN ASSESSMENT BASED ON AN EQUIV ALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Chapter 125, Florida Statutes and Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code), the Board of County Commissioners for St. Lucie County, Florida (the "Board") has the authority to establish municipal services benefits units ("MSBU's") in unincorporated St. Lucie County to provide, among other things, drainage improvements and potable water servi ce; and WHEREAS, pursuant to Chapter 1-13.5 of the Code, the Board has adopted procedures which govern the establishment and administration of such MSBU's; and -1- WHEREAS, on July 13, 2004 pursuant to the procedures set forth in Section 1- 13.5 of the Code, the Board accepted the petition representing fifty-two (52%) percent of the land owners within a proposed Green Acres Municipal Services Benefit Unit (the "Green Acres MSBU") requesting that the Board create the Green Acres MSBU to fund the cost of a project to provide potable water improvements to certain properties within the Green Acres Subdivision in unincorporated St. Lucie County (the "Project"); and WHEREAS, on August 17, 2004 pursuant to the requirements of Section 1-13.5 of the Code, the Board held a duly advertised initial hearing to consider the creation of the Green Acres MSBU, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the County Engineer has advised the Board that based on an analysis of the costs and benefits of the Project, the equivalent residential connection method of assessment is appropriate because this method of assessment fairly and reasonably apportions the cost of the project among the benefited properties; and WHEREAS, after hearing the comments of the County staff as well as interested persons, the Board has made the following determinations: (1) the Project and the creation of the proposed Green Acres MSBU is in the best interest of the health, safety and welfare of the County and will be of benefit to the properties within the limits of the proposed Green Acres MSBU; (2) the percentage of the benefits of the Project which will accrue to properties within the limits of the proposed Green Acres MSBU as shown on the map attached hereto as Exhibit "B" is 100i'o; (3) the method of assessment to be used in assessing the benefited properties shall be the equivalent residential connection method; and (4) the cost of the project is not in excess of the benefit gained by each of the properties which would be subject to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: A municipal services benefit unit to be known as the Green Acres Municipal Services Benefit Unit is hereby created as shown on the attached Exhibit "B". -2- Section 2: The entire cost of the Project shall be funded through non-ad valorem special assessments levied against real property within the limits of the Green Acres MSBU. Section 3: The method of assessment shall be based on the equivalent residential connection method of assessment such that each lot owner within the Green Acres MSBU shall share proportionately in the cost of the Project in relationship to the benefit received. Section 4: The County Director of Engineering is hereby authorized to proceed with the Project pursuant to the procedures set forth in Chapter 1-13.5 of the Code. Section 5: In the event the Project is not ultimately approved and constructed, the cost of preparing the plans, specifications, and the cost estimates may be assessed against the real property within the Green Acres MSBU. Section 6. This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 17th day of August, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLO~:tDA .~;1¡~~ /' puty Clerk \. -.- >if~ k J . '1:1/_ ). ": ~.,¿éYi./C7 v . Chairman -3- EXHIBIT A SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune Port St. Lucie Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION ~ :..: ~ !Ii SCRIPPS HOWARD 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 SI. Lucie Tribune, a daily newspaper published at Fort Pierce in SI. Lucie County, Florida: that the attached copy of advertisement was publshed in the Fort Pierce/Port SI. Lucie Tribune in the following issues below. Affiant further says that the said Fort Pierce/Port SI. Lucie Tribune is a newspaper published in Fort Pierce in said SI. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said SI. Lucie County, Florida, daily and distributed in SI. 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 or corporation 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 Periodical Matter at the Post Offices in Fort Pierce, SI. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisemenl. Ad Pub Customer Number Date Copvline PO# ST LUCIE COUNTY 703320 7/27/2004 PH8/17/04 PH8/17/04 SOCC ST LUCIE COUNTY 8/10/2004 SOCC Subscribed and sworn to me before this date: August10,2004 ~. ~~¿~(f - ~ _____ /J ¡ C~· ( /tJt~ Notary Pub ic I ~~'''1;'''''''" MARY T. BYRNE ! \. Notary Public - Statø of FJorIdø ~. . ~ My CommiI8ion ExpiesAug 2. 2008 ~ ;:: Commmillion , OD132804 7. Bonded By National Notary Aun. ....1\Wt -4- U I VI NonCE 0109 NOnCE BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUN TY, FLORIDA, proposes to create a municipal service benefit unit to be known as the GREEN ACRES MSBU. The proposed Green Acres Mu- nicipal Service Benefit Unit would levy a non-ad valorem special assessment to fund a project to provide potable. water improvements to Green Acres. The matter will be considered at the Board's regular meeting on Tuesday, the 17th day of August, 2004, at 6:00 p.m., or as soon thereafter as the matter may be heard in the SI. Lucie County Commission Chambers at the SI. I LuCie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. The proposed boundaries of the Green Acres Municipal Services Benefit Unit are shown on the map below. t) :'1. I, <;1. ~ J: ,..¡ '-~~ ..~¡ '::': J ::..1';' --"j M.atters affecting your personal and property rights may be heard and acted upon. All interest- ed .persons are invited to attend and be heard. Wntten comments received in advance of the public hearing wiU also be heard. Amendments to the proposal may be made at the public hear- Ing, If ~ny person decides to appeal any decision made wIth. respect to any matter considered at the meetl~g~ or hearings of any board, committee, commission, agency, councilor advisory group, that person will need a record of the proceedings and that, for ~uch purpose, may need to ensure that a ve.rbatlm record of the proceedings is made, '!Vh1ch record should include the testimony ,and eVidence upon which the appeal is to be base~. Upo~ ~he request of any party to the pro- c~edlng, Indl,-:/duals testifying during a hearing wIll be sworn In, Any party to the proceeding will ~ed'Wdanted an opportunity to cross examine any In IVI ual testifying during a hearing upon re- quest. THIS NOTICE EXECUTED AND DATED THIS 27th DAY OF JULY, 2004. Submitted by: Michael Powley County Engineer Publish: July 27, August 10, 2004 . 703320 EXHIBIT B Green Acres MSBU ,S?- /.w~'</ éc'~.4~ GIS~~._.c... 125 250 Feet Water - FPUA June 7, 2004 S M - 0 49 Ac T T 4 46 Ac o '" o [l . . . 5 11 Ac o o 10 21 Ac o z o :> :> '" r 33295 , " ." If' LANE .~ (]~.~M'~V 85,75:W15:75 :~:~~)' ~. [J.- : &Y'7515ilS: LANE '" ü Dr:--.. ~. \,\.!~' "' '~: ~DO: _'':01 ~~. ,..:~; ~---f:" G 0: ,,} q ~ '0 z o a: LANE D.C}, ,Lh " -: _..J ____¡ : [1' 0:' [] e 5 75 ~w¡~ "@i'êt"ŒI-- LANE [JodJ , 7 '-',' 1.85 Ac 15 Ac 1 95 Ac , . ~ o 0,,, 33288 281 112 ~ ;¡ 0 ., ST LUCiE BOULEVARD 34, 25 () 0 Ç] . ~ . 1.0Ac ~ N. , 0 U 102 Ac 1~2 Þc çJ ~' -5- W_E S 375 500