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HomeMy WebLinkAbout04-366 RESOLUTION NO. 04 - 366 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 NORTH LENNARD ROAD 2 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 North Lennard Road 2 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 North Lennard Road 2 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 2005, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 14, 2004, 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", 1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2005-2006 Fiscal Year and with the tax statement mailed for the 2005-2006 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 North Lennard Road 2 MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the North Lennard Road 2 MSBU. A description of the boundaries of the real property within the MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit liB", 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: Chairman Frannie Hutchinson Aye Vice Chairman Doug Coward Aye Commissioner Paula Lewis Aye Commissioner Chris Craft Aye Commissioner Joseph Smith Aye PASSED AND DULY ADOPTED this 14th day of December, 2004. ATTEST: 3 ~ :.A: ~ iii SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION ~"I'", ,iNOTICE OF I.NTENT TO ,~ USETHEUNIFORM i'.J~' METHOD Qf COLLECT- , ING NON-AD VALOREM " ASSESSMENTS AND j NOTICE OF PUBLIC I f HEARING e Board of County. I , ommissione-rs of St. ucie County, Florida h.e "Board") hereby provides notice, pursu- ant to Section 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 North Lennard Road 2 MSBU within unincorpo- rated St. Lucie County commencing County , Fiscal Year 2005-2006. The Board will consider the adoption of a resolu- tion stating its intent to use the uniform method of collecting such as- sessments . authorized by Section 197.3632, Florida Statutes, at a public hearing to be held at 9:00 a.m., Tues- day, December 14, 2004, at SI. Lucie County Ad- ministration Annex, Commission 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-I vited to attend. I In the event any person decides 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 16th Day of November, 2004. By Order of: Clerk .of the Circuit Court, Ex Officio Clerk of the Board ofi County Commissioners of St. Lucie County, Florida Publish: November 16, 23, 30, and Decem- ber 7,2004 83-4073 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 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, 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 PO# 8T LUCIE COUNTY 834073 11/16/2004 PH12/14/04 PH12/14/04 BOCC 8T LUCIE COUNTY 11/23/2004 BOCC 8T LUCIE COUNTY 11/30/2004 BOCC 8T LUCIE COUNTY 12/7/2004 BOCC Subscribed and sworn to me before this date: December 07,2004 ~. ~AJcJ.,.".~-,6;"(f )1/~~ Notary ~~bli~ /1 I ----- / . ( btl~- I m.~'4~~ MARY ~ BYRNE ~~ - \. NotalJ I?u~ic - State of F1orId8 ~, .' .~ My ~ Expie&Aug 2, 20118 ~~~ Commmission I 00132804 ~~~- Bonded By National NotalJ Assn. EXHIBIT B DESCRIPTION: NORTH LENNARD ROAD 2 MSBU A PARCEL OF LAND LYING IN SECTIONS 15, 22 AND 23, T-36-S, R-40-E, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TOGETHER WITH LOTS 4,7,8,9,10,11,12,13,14,15 AND 16, BLOCK 2; LOTS 3 4,5,6,7, AND THE NORTH 2 OF LOT 1, BLOCK 3; TOGETHER WITH ALL OF BLOCK 4, SECTION 23, T-36-S, R-40-E, ST. LUCIE GARDENS AS RECORDED IN PLAT BOOK 1 AT PAGE 35 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH LOTS 11,12,13,14,15 AND 16, BLOCK 1; SECTION 15, T -36-S, R- 40-E, MODEL LAND COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 41 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND; COMMENCE AT THE NORTHEAST CORNER OF SECTION 22, T-36-S, R-40-E; THENCE N 89 52'00" W ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 1917' FEET; THENCE S 00 10'54" W A DISTANCE OF 120' FEET TO THE POINT OF BEGINNING; THENCE N 89 52'00" W A DISTANCE OF 60' FEET; THENCE S 00 10'54" W ALONG THE EAST LINE OF THE WEST 2 OF THE NW 1/4 OF THE NE 1/4 A DISTANCE OF 1859.20' FEET; THENCE S 89 52'00" E PARALLEL WITH THE NORTH LINE OF SECTION 22 A DISTANCE OF 350.00' FEET; THENCE S 27 32'30" E A DISTANCE OF 109.35' FEET; THENCE S 89 52'00" E A DISTANCE OF 99.23' FEET; THENCE S 0010'54' W A DISTANCE OF 300.00' FEET; THENCE S 89 52'00" E A DISTANCE OF 58.36' FEET; THENCE S 27 32'30" E A DISTANCE OF 615.02' FEET; THENCE N 89 51'00"W A DISTANCE OF 350' FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S, HIGHWAY NO.1; THENCE S 27 32'30" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 1508.51' FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN ORB 328 PAGE 351 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE N 69 00'00" E ALONG SAID NORTH PROPERTY LINE A DISTANCE OF 300.00' FEET; THENCE S 27 32'30" AND PARALLEL WITH THE EAST RIGHT OF WAY OF US NO, 1 A DISTANCE OF 175.00' FEET; THENCE N 69 00'00" E A DISTANCE OF 454'FEET TO A POINT ON THE EAST LINE OF SECTION 22, T-36-S, R-40-E; THENCE N 00 08'00" E ALONG SAID EAST LINE A DISTANCE OF 2978,15' FEET; THENCE N 89 52'00" W A DISTANCE OF 1026.93' FEET; THENCE S 00 08'00 W A DISTANCE OF 117,00' FEET; THENCE N 89 52'00" W A DISTANCE OF 270.00' FEET; THENCE N 5 00 08'00" E A DISTANCE OF 117.00' FEET; THENCE N 89 52'00" W A DISTANCE OF 278.00' FEET; THENCE N 44 52'00" W A DISTANCE OF 484.74' FEET; THENCE N 00 10'54" E A DISTANCE OF 700,00 FEET TO THE POINT OF BEGINNING; TOGETHER WITH LOTS 14,15,16 AND 17 PLAT OF WHITE CITY GARDENS AS RECORDED IN DEED BOOK 197, AT PAGE 408-410 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT ROAD AND CANAL RIGHT OF WAYS OF RECORD; AND LESS AND EXCEPT THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 918 AT PAGE 546 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. G:\ENG\MSBU\MSBU WORD\NOI 2005\RESOLUTIONS\North LennardRd2.doc 6