HomeMy WebLinkAbout04-255ST. LUCIE COUNTY, FLORIDA
FINAL ASSESSMENT RESOLUTION
SOLID WASTE SERVICES
ADOPTED SEPTEMBER 14, 2004
TABLE OF CONTENTS
Page
SECTION 1. AUTHORITY ............................................................................................ 3
SECTION 2. DEFINITIONS AND INTERPRETATION .................................................. 3
SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION AND
DISPOSAL ASSESSMENTS ................................................................... 3
SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION ................. 6
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION ........................................... 6
SECTION 6, EFFECTIVE DATE ................................................................................... 7
APPENDIX A:
APPENDIX B:
APPENDIX C:
AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS ........................................................ A-1
PROOF OF PUBLICATION ....................................................... B-1
FORM OF CERTIFICATE TO NON-AD VALOREM
ASSESSMENT ROLL ................................................................ C-1
RESOLUTION NO. 04-255
A RESOLUTION OF ST. LUCIE
COUNTY, FLORIDA, RELATING TO THE COLLECTION
AND DISPOSAL OF SOLID WASTE IN ST. LUCIE
COUNTY, FLORIDA; AMENDING THE INITIAL
ASSESSMENT RESOLUTION; ESTABLISHING THE
RATE OF ASSESSMENT; IMPOSING SOLID WASTE
SERVICE ASSESSMENTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN ST. LUCIE COUNTY,
FLORIDA; PROVIDING FOR THE COLLECTION;
APPROVING THE ASSESSMENT ROLL; CONFIRMING
THE INITIAL ASSESSMENT RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has
enacted Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County (the
"Ordinance"), which authorizes the imposition of annual Solid Waste Service
Assessments for Solid Waste collection, disposal and administrative services, facilities
or programs against certain Assessed Property within St. Lucie County;
WHEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste
collection, disposal and administrative services, facilities or programs for each Fiscal
Year is an equitable and efficient method of allocating and apportioning Solid Waste
Costs among parcels of Assessed Property;
WHEREAS, the Board desires to initiate an assessment program for Solid Waste
collection, disposal and administrative services, facilities or programs within the County
Urban Services Area using the tax bill collection method for the Fiscal Year beginning
on October 1, 2004;
WHEREAS, the Board, on August 3, 2004, adopted Resolution No. 04-201 (the
"Initial Assessment Resolution"), containing a brief and general description of the Solid
Waste collection, disposal and administrative services, facilities or programs to be
provided to Assessed Property, describing the method of apportioning the Solid Waste
Costs to compute the Solid Waste Service Assessment for Solid Waste collection,
disposal and administrative services, facilities or programs against Residential Property,
designating a rate of assessment, and directing preparation of the Assessment Roll and
provision of the notice required by the Ordinance;
WHEREAS, pursuant to the provisions of the Ordinance, the Board is required to
confirm or repeal the Initial Assessment Resolution, with such amendments as the
Board deems appropriate, after hearing comments and objections of all interested
parties;
WHEREAS, the Assessment Roll has heretofore been made available for
inspection by the public, as required by the Ordinance;
WHEREAS, notice of a public hearing has been published and, as required by
the terms of the Ordinance and the Initial Assessment Resolution, mailed to each
Owner of Residential Property proposed to be assessed notifying such Owners of their
opportunity to be heard. An affidavit regarding the form of notice mailed to each Owner
of Residential Property is attached hereto as Appendix A and the proof of publication is
attached hereto as Appendix B; and
WHEREAS, a public hearing was held on September 14, 2004, and comments
and objections of all interested persons have been heard and considered as required by
law;
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WHEREAS, the public hearing to consider the Final Assessment Resolution was
originally scheduled for September 7, 2004, at 6:00 p.m. at the County Administration
Building. Individual mail notices of this meeting and the assessment were provided to
all property owners subject to the assessment more than 20 days prior to this date.
Further, notice of the meeting was published in a newspaper of local general circulation.
As a result of Hurricane Frances, a significant disruption of electrical power occurred
and unsafe conditions existed which prevented the public from attending this meeting.
Therefore, the Board canceled the meeting and rescheduled it for September 14, 2004,
at 9:00 a.m. Notice of the change of the meeting was posted on the doors of the
County Administration Building prior to the previously scheduled meeting of September
7. Additionally, the County published notice of the September 14, 2004 meeting in a
newspaper of local general circulation on September 11,2004.
WHEREAS, the State Coordinator Officer, under Executive Order 04-206 issued,
a Supplemental Order suspending various requirements of notices for the adoption of a
non-ad valorem assessment roll. A copy of the Supplemental Order is attached hereto
as Exhibit "D".
WHEREAS, the County has complied with the requirements of the Supplemental
Order and provided notice to the public of the meeting beyond those which are required
by that Supplemental Order.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUClE COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to Chapter 1-9 of
the Code or Ordinances and Compiled Laws of St. Lucie County; Florida, Resolution
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No. 04-201; Article VIII, Sectionl(f), Florida Constitution; sections 125.01 and 125.69,
Florida Statutes; and other applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution
constitutes the Final Assessment Resolution as defined in the Ordinance. All
capitalized terms in this resolution shall have the meanings defined in the Ordinance
and the Initial Assessment Resolution. The term "County Urban Service Area" defined
within the Initial Assessment Resolution is amended to be the "County Solid Waste
Urban Service Area."
SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION AND DISPOSAL
ASSESSMENTS.
(A) The parcels of Assessed Property described in the Assessment Roll,
which is hereby approved, are hereby found to be specially benefited by the provision of
Solid Waste collection,
described in the Initial
disposal and administrative
Assessment Resolution, in
services, facilities or programs
the amount of the Solid Waste
Service Assessment set forth in the Assessment Roll, a copy of which was present at
the above referenced public hearing and is incorporated herein by reference. It is
hereby ascertained, determined and declared that each parcel of Assessed Property
within the County Urban Service Area will be benefited by the County's provision of
Solid Waste collection, disposal and administrative services, facilities or programs in an
amount not less than the Solid Waste Service Assessment for such parcel, computed in
the manner set forth in this Resolution. Adoption of this Final Assessment Resolution
constitutes a legislative determination that all parcels assessed derive a special benefit,
as set forth in the Ordinance and the Initial Assessment Resolution from the Solid
Waste collection, disposal and administrative services, facilities or programs to be
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3rovided and a legislative determination that the Solid Waste Service Assessments are
fairly and reasonably apportioned among the Residential Properties that receive the
special benefit as set forth in the Initial Assessment Resolution.
(B) The method for computing Solid Waste Service Assessments described in
the Initial Assessment Resolution is hereby approved.
(C) For the Fiscal Year beginning October 1, 2004, the Solid Waste Cost shall
be allocated among all parcels of Assessed Property, based upon each parcels'
classification as Residential Property and the number of Dwelling Units for such parcels.
An annual rate of assessment equal to $170.88 for each Dwelling Unit is hereby
approved. Solid Waste Service Assessments for Solid Waste collection and disposal
services, facilities or programs in the amounts set forth in the Assessment Roll, as
herein approved, are hereby levied and imposed on all parcels of Assessed Property
described in the Assessment Roll.
(D) Any shortfall in the expected Solid Waste Service Assessment proceeds
due to any reduction or exemption from payment of the Solid Waste Service
Assessments required by law or authorized by the Board shall be supplemented by any
legally available funds, or combination of such funds, within the solid waste enterprise
fund.
(E) As authorized in Section 1-9-71 of the Code of Ordinances and Compiled
Laws of St. Lucie County, Florida, Interim Solid Waste Service Assessments are also
levied and imposed against all Residential Property for which a Certificate of Occupancy
(or Building Permit as chosen by the Board) is issued after adoption of this Final
Assessment Resolution based upon the rates of assessment approved herein. In
addition, the Building Department shall be authorized to also collect an administrative
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fee of 2% of the amount of the Interim Solid Waste Assessment to pay for the costs of
collection and processing. The amount which shall be imposed upon Interim Solid
Waste Assessments, including the administrative fee, shall be $13.67 per month per
Dwelling Unit for each month until such Residential Property can be placed on an
Assessment Roll.
(F) As authorized by 1-9-71 of the Code or Ordinances and Compiled Laws of
St. Lucie County, Florida, Solid Waste Service Assessments are also levied against all
Residential Property which received a Certificate of Occupancy subsequent to the
preparation of the Assessment Roll, but prior to the adoption of this Resolution, or was
otherwise inadvertently omitted from the Assessment Roll. The County shall provide
invoices to those Residential Properties requesting payment in the amounts set forth in
Section 3(E) above. Failure of the Property Owner to pay such amounts within forty-five
(45) days shall render these amounts delinquent. Such delinquencies may be collected
by any lawful means, including but not limited to, the institution of an action to collect
the amounts owed or their inclusion on the subsequent years Tax Bill.
(G) Such Solid Waste Service Assessments shall constitute a lien upon the
Assessed Property so assessed equal in rank and dignity with the liens of all state,
county, district or municipal taxes and other non-ad valorem assessments. Except as
otherwise provided by law, such lien shall 5e superior in dignity to all other liens, titles
and claims, until paid.
(H) The Assessment Roll, as herein approved, shall be delivered to the Tax
Collector for collection using the tax bill collection method in the manner prescribed by
the Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be
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accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the
form attached hereto as Appendix C.
SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The
Initial Assessment Resolution is hereby confirmed.
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Final Assessment Resolution shall be the final adjudication of the issues presented
herein (including, but not limited to, the method of apportionment, the rate of
assessment, the Assessment Roll and the levy and lien of the Solid Waste Service
Assessments for Solid Waste collection, disposal and administrative services, facilities
or programs) unless proper steps shall be initiated in a court of competent jurisdiction to
secure relief within 30 days from the date of this Final Assessment Resolution.
SECTION 6. EFFECTIVE DATE. This resolution shall take effect immediately
upon adoption.
· ~,
PASSED,ADOPTED AND APPROVED THIS 14th day of September, 2004
(SEAL)
ATTEST:
ST. LUCIE COUNTY, FLORIDA
Chairman
B
Clerk I.J
APPROVED FOR FORM
AND CO~RECTNESS ~
Cou y ttomey ~/
-7-
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Daniel T.
Anderson, who, after being duly sworn, deposes and says:
1. Daniel T. Anderson of Camp Dresser & McKee, Inc., pursuant to the
authority and direction received from the Board of County Commissioners, timely
directed the preparation of the Assessment Roll and the preparation, mailing, and
publication of notices in accordance with Chapter 1-9, Code of Ordinances and
Compiled Laws of St. Lucie County, Florida (the "Ordinance"), in conformance with the
Initial Assessment Resolution adopted by the Board on August 3, 2004 (the "Initial
Assessment Resolution").
2. In accordance with the Ordinance, Mr. Anderson supervised and directed
the mailing of individual mailed notices to the owner of each Assessed Property
contained upon the Assessment Roll. The notice was substantially in the' form as
contained in the Initial Assessment Resolution and included the following: the purpose
of the assessment; the total amount proposed to be levied against each parcel; the unit
of measurement to be applied against each parcel to determine the assessment; the
number of such units contained within each parcel; the total revenue the County
expects to collect by the assessment; a statement that failure to pay the assessment will
cause a tax certificate to be issued against the property which may result in a loss of
title; a statement that all affected property owners have a right to appear at the hearing
and to file written objections with the local governing board within 20 days of the notice;
and the date, time, and place of the hearing.
FURTHER AFFIANT SAYETH NOT.
Daniel T. Anderson, affiant
STATE OF FLORIDA
COUNTY OF ST. LUCIE COUNTY
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
__ day of ,2004, by Daniel T. Anderson. He is personally known to
me or has produced as identification and did take an oath.
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
APPENDIX B
PROOF OF PUBLICATION
APPENDIX C
FORM OF CERTIFICATE TO
NON-AD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Chairman of the Board of County
Commissioners, or authorized agent of St. Lucie County, Florida (the "County"); as such
I have satisfied myself that all property included or includable on the non-ad valorem
assessment roll for solid waste services (the "Non-Ad Valorem Assessment Roll") for
the County is properly assessed so far as I have been able to ascertain; and that all
required extensions on the above described roll to show the non-ad valorem
assessments attributable to the property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment
Collection Act, this certificate and the herein described Non-Ad Valorem Assessment
Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2004.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the
same to be delivered to the St. Lucie County Tax Collector and made part of the above
described Non-Ad Valorem Assessment Roll this __ day of ., 2004.
ST. LUCIE COUNTY, FLORIDA
By:
Name
Title
[to be delivered to Tax Collector prior to September 15]
EXHIBIT D
EXECUTIVE Order 04-206