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Home My WebLink About04-320 CofY fD: ~~ Tl)..)' Cotl Prof' Aep, Mti6lJ. CoO('. ~i;,\i1V\c.e OMf> File.. RESOLUTION NO. 04- 320 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DETERMINING THAT A PROJECT TO PROVIDE W ASTEW ATER IMPROVEMENTS TO PROPERTIES WITHIN THE BOUNDARIES OF THE SOUTH 26TH STREET MUNICIPAL SERVICES BENEFIT UNIT IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITHIN A PROPOSED SOUTH 26TH STREET MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 100'0 OF THE BENEFITS OF ,THE PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED SOUTH 26TH STREET MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT THE METHOD OF ASSESSMENT FOR THE WASTEWATER 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 SOUTH 26TH STREET 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 SOUTH 26TH STREET MUNICIPAL SERVICES BENEFIT UNIT THROUGH AN ASSESSMENT BASED ON AN EQUIVALENT 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 C'MSBU's") in unincorporated St. Lucie County to provide, among other things, drainage improvements and potable water service; and -1- WHEREAS, pursuant to Chapter 1-13.5 of the Code, the Board has adopted procedures which govern the establishment and administration of such MSBU I s; and WHEREAS, on October 12, 2004 pursuant to the procedures set forth in Section 1-13.5 of the Code, the Board accepted the petition representing thirty (30'Yo) percent of the "unincorporated area" land owners within a proposed South 26th Street Municipal Services Benefit Unit (the "South 26th Street MSBU") requesting that the Board create the South 26th Street MSBU to fund the cost of a project to provide wastewater improvements to properties within the South 26th Street MSBU in the unincorporated limits of St. Lucie County and the city limits of Fort Pierce (the "Project"); and WHEREAS, on November 9,2004 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 South 26th Street 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 South 26th Street 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 South 26th Street MSBU; (2) the percentage of the benefits of the Project which will accrue to properties within the limits of the proposed South 26th Street MSBU as shown on the map attached hereto as Exhibit "B" is 100'Yo; (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: -2- Section 1: A municipal services benefit unit to be known as the South 26th Street Municipal Services Benefit Unit is hereby created as shown on the attached Exhibit "B". 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 South 26th Street 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 South 26th Street 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 South 26th Street MSBU. Section 6. This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 9th day of November, 2004. .;.,~<~"-'"-' '. ".,~ """ ATTEST: / ;;.'. '" ~d~.. t.' , .' . . Deputy Clerk"! ' . __" I BOARD OF COUNTY COMMISsrOf\JERS ST. LUCIe COUNTY, FLOR:'CDA 341ft) c:%> ~~'r;; _ Chairman '~, '<, r, "-:. AS TO FORM AND S: -3- ~ :.A: ~ III 'SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION 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, a daily newspaper published at Fort Pierce in St Lucie County, Florida: that the attached copy of advertisement was publshed in the Fort Pierce Tribune in the fOllowing issues below, Affiant further says that the said Fort Pierce 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 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, 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 Copvline ST LUCIE COUNTY 796726 10/19/2004 PH11/9/04 SOCC ST LUCIE COUNTY 11/2/2004 SOCC po# PH11/9/04 ("i' ). film , Subscribed and sworn to me before this date: November ~l200~. I" l1J1J1&:. . V. ~1Lu&.uJ Ie:}-Jt '/f JvtL'(g~ Notary lpU~C 0 ""~"/~ MARY 1. BYRNE $'m~1'!! '\.~~,.", Publlc - state of FlorIda :: ~J")I'''''J .. S' . E My CommiIBIDn EJeplnlsAug2. 2lDI ~~A Commmlllion . 00132804 -~. Bonded By National Notary Aaan. -4- ,;;;'\1 \ , .~ 1111.;" ::';r1E,,;g ,s.~,\':,~:';p '. ,,,,'. J 0o}(,[~ ~6n: ~1U~ ~ ~g;.JC Ul'" NOTICE UI,", NU1M V I va nUhlil: u109 NOTICE 0109 NOTICE BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY. FLORIDA, proposes to create a municipal service benefit unit to be known as the SOUTH 26TH STREET MSBU. The proposed South 26th Street Municipa Service Benefit Unit would levy a non-ad valorem special assessment to fund a project to provide wastewater improvements to thE South 26th Street area. The matter will be considered at the Board's regular meeting on Tuesday, the 9th day of November, 2004 at 6:00 P.M., or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie Coun ty Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. The proposed boundaries of the South 26th Street Municipal Services Benefit Unit are shown on the map below. 1_.;",\ - ; ..; ':. ~. 'VI ~~5/1 ?---'..... ....." ( ~ ,-, __ -', l:: l~ ~~ I..~ '~ :3.oi~= \,.~.t8_"k / (~l-':,.~": :::: ,_"'\~ ~,~ ~._ : ',1, I 1 · I ~ I. . I J ," , \ . I 115~ f . . .." l!:....r--- .. ,.", ,'--"_~ '--';;;~~,--(,'~':"""'l:IL..~-<:\I' .. , .,,,.,,. ,...." ....".. ~'" "'fl'1'6 ;, .... ..1, (",' "') ".. '-,' \~:;\ ~ // <' ,--; 1.~01k ........, ~~ ~ :: ~ ~.;~ c. .:::r:...:::....:::'..,....-,-'-'.:::.-. ':::.. ~.._, \~ :::~ __ .:~:: '....' ........_:......CIlV'l.I..T$... --' '--'_ ~,.~ : ..,.. ~ " ., -.. :: -: I.- : . ,~Jt.l ~~!:II ~ .. :!',,~ l"L ~", \': ',-, I~, 1 :~~;;:: ~ : ~.:,_ '~ (~,." I \l~ ~ ~ '''~ I' :: ,-... , . I' ~I~ I!. , :'" :'; "f:: -_ "'.... 1-- a- I ":1 ~ ;i I...~ ' ._.' , . 5 -... ..~,. I-l"'': I ,- 1",4 -. I : IL. '.,. - - -..-.. - - :f, I~ .: ~:~:-j ~ I Zi j H_ '- =- -: :,_ ~~:_~ I \'I;J~ \\ '~,I- l ~-' 15' ~.. '-! IJ , I I I : \ ~ ."" -t:'l · Iii, " '" -- - ~1k'., .,.........., I-- '-1-;- :: I:' ",;,:. .!.....: ~ ~ ~I '''f~~ 1---..._- :' U.' ~ .J..Ii .._~ ~., . ':::":.:.r.::::~.:. ~.: ':::':Miilll.t.'::':"::' ':1NJ:U:~'~I_."" .......1.. .~~...:~m:....':1. T ~ ,-, ~-Lrl \\ III J. H .' i:ru: .~.'. ~"''''... '~'''"I'''' '!( " ' ..; ~"" .:;. ~'l .. . - ......... - . .,. '4 ":: :: ::!iLrr:: z. :... '"'I' '-'" : : H 1 7."1 .: iiI' II< .. : ~ - .. i ,.. ;;. . , . . I- _.,.+- ~ ~: ,.~... , ~ :.. II?:: : : ~ -::.::.:.. ,', I~!II! ...."'1 :'f4.:t'-~ H: 1J3\ ~ g~ . u ~ ~ %J ~:lil,;'.1l6 ~"t R ot.n ~ I-A '6:L " I 5" :' ~r", ~~:"....u ~1II -II:.> , A-_ ~ '.1- '~~ ~ '-flt-'~ . r _ ":-:.. :'TM'R.!I n ~-,..:: ~ <.,- ~ ,-,,- ,-' L4 -.,. ~ h~ I D T, IJ ......B'I:: _.:: z.!I '.~ ::;:iI -r-.::i".!I _~ r 1- ., ..,- -.. r ,'. I.....Z: : III 4- ~ IZ :'; ~L. .d.t : ~ .'1.. ...-...1..:,: I- _ ,:_ _.. ........ ., ........ ..,.. ,.... ~." .............I.:~ 'I "'.". : COlInz . . ' f.VMO;~..., '... " '.:1......... ":::1.... V. I' , .... ,'. .......,..~............ : '...." "....:.., ,,:..~.. .",',~~~',~:.~.'.' "".:'" ....... ....,JI ": I~ ~Enmtm~~~-~~ ~+R:hth;';: SoOth 26th St MSBU k~~ FPUA - Wastewater i := wlItlin c:lty limitS OClOber 16.l!OOS CI Ft. Pierce city IImIta - ,-.... -., N + Scale: 1. - 27S' Matters affecting your personal and property rights may be heard and acted upon. All interested persons are invited to attend am be heard. Written comments received in advance of the public hearing will also be heard. Amendments to the proposal may bE made at the public hearing. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board committee, commission, agency, council or advisory group, that person will need a record of the proceedings and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during hearing will be sworn in. ..Any party to the proceeding will be granted an opportunjty to cross examine any individual testifyin~ during a hearing upon request, ' THIS NOTICE EXECUTED AND DATED THIS 19th DAY OF OCTOBER 2004. Submitted by: Michael Powley County Engineer Publish: October 19, 2004 and November 2, 2004 796726 ,,' (i -5- I M I I- : 'J" ~ (4~"-' r- OJ06 ) e~l '" '" 131 71 '" : " 0 i1;103-0011 .151 i~i) 11 59 ;: (803- 0011, 400/") r-- " : ~ 0 - o : II c 1.1\ - ~\\ I: 30606 30106 (124,0001,000/4) 306 Ac ~ (124,0002,000/1) o 0: '" ~I. l ~"'6 B 3 NOR-:-H CORTEZ -0(10/1 (810,0007-00012 ) 7 2.56 Ac 105 Ac 102 Ac \ :: i :\ ; - :\ 00 ; 3 '" :\ :\ 0\ "[ :\ :\ :i " .~ " 1 STANTOr'. " '" '" , '" , '" 3 '" o (421, : 0002- 000/3) 0(421, : 0001 000/0) (421,0004 -000/7) 3043Q? ~\ 117 Ac 78 \ 150 102 Ac I<'XH K ,'1' l:S (112-0004,000/8) 388 Ac ~-285410 0(112,0005,000/") 0.98 Ac (111,0003-00018 ) 1054 Ac CITY LIMITS r- Y ERG I..",. A Ii E N U rE . I j 1 ~\3 0 ;\ ;\ ;\ ;L . 1 15'" 6 0 1 ~ 1 '" I: IN I; \ ; I; \ ; \; ~ \: : ~ \ ~ : : \; I ~ 25:_2...... 13515'" . 2 5 ~ W . W . OC - ~ . W - : ~ 2tc " , " " , " " '" ,,0 AVENUE '" 1 3 5 2 5,., _ " '" 1 3 5 2 ~ 13526 , ~ : w 0 w . 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'" 11~ : '" \ \ I I \ , :\:: ,':52!: \ \ \ 0 10 \ eo - I ., ' (414,0003 -OOO/B) (414-0002 ,000/1) -:25Ac 121 Ac (414-0001-000/4) 734 Ac ~ o 5 ~ ~ o " 7 ~ (~ . 0 ~ o 0 ~ o W ~ '" 11 '" ~ '" 12 '" ~ o '" 13 ~oo : 5 ~ 85 75 7 3 : o 5 : 4 : 3 _ o 0 - 5 - , _ 7 '" ~ ',: 0 ~\ ',: ~\ ',: ~\ ",: ~ 1 0 0 ~\ 9 0 ~\ 9 0 -\ 9 0 '" 12526 , 13 6 . o ". 12526 , 12526 (233-0001-000 970 Ac (322,0( ~<8> TRACT "E" <8>T~ TRACT "8" EE ~t3j r <( z 1--,---] r