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HomeMy WebLinkAbout04-363 RESOLUTION NO. 04 - 363 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 LAKE DRIVE 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 Lake Drive 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 proposed Lake Drive 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 proposed Lake Drive MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Lake Drive 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: 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: By: j' "i< )f;~~~1 ~ Chair~,~ . 3 ~ :.A: ~ iii SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION NOTICE OF INTENT TO USE THE UNIFORM METHOD OF COLLECT- ING NON-AD VALOREM ASSESSMENTS AND NOTICE OF PUBLIC HEARING IThe Board of County , Commissioners of St. Lucie County, Florida (the "Board") hereby provides notice, pursu- ant to Section 197.3632, Florida Statutes, of its intent to use the uniform method of coflecting n~n;ad valorem special , alf68!lsments to provide potable water improve- ments/service to the Lake Drive MSBU within unincorporated SI. Lucie County commencing County Fiscal Year 2005- 2006. The Board will consider the adoption of a resolution stating its intent to use the uniform method of collecting such assessments au-' thorized by Section 197.363-2, Florida Stat- utes, at a public hearing to be held at 9:00 a.m., Tuesday, December 14, 2004, at SI. Lucie County , Administration 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- vited to attend. 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 PO# 8T LUCIE COUNTY 832271 11/16/2004 PH12/14/04 PH12/14/04 SOCC 8T LUCIE COUNTY 11/23/2004 SOCC 8T LUCIE COUNTY 11/30/2004 SOCC 8T LUCIE COUNTY 12/7/2004 SOCC .") /It, -(6..0-- Notary Ub~ ' 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- : eludes the testimony I and evidence on which the appeal is to be based. DATED this 16th Day of November, 2004. Subscribed and sworn to me before this date: December 07,2004 ~. ~Wu '~J~;"1f ....."JII..., MARY T. BYRNE m'3t!f!....1. no........... of ""......ft i ,',," . Notaq ,!C"!"(lic - ........ r""IUG ~, , ,'. ,~MY C'.NIlmlsSon ExpIeIAl.U 2, 2006 ~~~ Commmllsion t 00132B04 "'jJfof.W' Bonded By National Notary Assn. By Order of: Circuit CoiJrt, Ex Officio Clerk of the Bo'ard of County Commissioners of St. Lucie County, Florida Publish: November 16, 23, 30, and Decem- ber 7,2004 832271 EXHIBIT B DESCRIPTION: LAKE DRIVE MSBU A PARCEL OF LAND LYING IN SECTION 27, T-35-S, R-40-E, ST. LUCIE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; LOTS 1 THRU 24 AND THE NORTH 31= FEET OF LOT 25, BLOCK 4; AND LOTS 1 THRU 11, BLOCK 5; AND LOTS 18 THRU 24, AND LOTS 27 THRU 32, BLOCK 1; AND BLOCKS 2 AND 3; AND LOT A OF SILVER LAKE PARK SUBDIVISION AS RECORDED IN PLAT BOOK 10 AT PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH THE NORTH 100= FEET OF THE SILVER LAKE TRACT AS SHOWN ON THE PLAT OF SILVER LAKE PARK SUBDIVISION AS RECORDED IN PLAT BOOK 10 AT PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT ALL ROAD RIGHT OF WAYS OF RECORD. 11/17/03 G:\ENG\MSBU\MSBU WORD\NOI 2005\RESOLUTIONS\LakeDr.doc 5