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HomeMy WebLinkAbout04-371 RESOLUTION NO. 04 - 371 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 SAINT LUCIE VILLAGE 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 Saint Lucie Village Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to provide potable water and wastewater improvements to properties within the boundaries of the proposed Saint Lucie Village 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 Saint Lucie Village MSBU to fund the cost of a project to provide potable water and wastewater improvements to properties within the boundaries of the proposed Saint Lucie Village 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". This intent to assess is subject to the consent of the Township of Saint Lucie Village pursuant to Section 125.01 (q), Florida Statutes (2003), 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, 200,4. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA / / ' );:-1 ~. ,v ?a Yl., ~J~~.{I'~}' >q~-"l J By:' APPRO~D AS TO FORM AND CORREdTNE~:'''} ,I /f}/ i '. 1/// /La / I 'Ut:. County Atto e 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 Tf{l: UNIFORM , METHO[)\OF COLLECT- 'ING NON-AD VALOREM ASSESSMENTS AND NOTICE OF PUBLIC HEARING SCRIPPS HOWARD The Board of County Commissioners of SI. Lucie County, Florida (the "Board") hereby provides notice, pursu-i 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 and wastewater improve- ments/service to the Saint Lucie Village MSBU within unincorpo- rated St. Lucie County and a portion pf the Town of Saint Lucie Vil- lage commencing Coun- ty 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 SI. Lucie County, Florid<l..,_2300 Virginia Avenue, Fort Pierce Florida. All inter- ested' persons are in- vited to attend, 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 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 834235 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 ~ .h L., ... ._ - 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 of County Commissioners of St. Lucie County, Florida Publish: November , 16, 23, 30, and Decem- I' ber 7, 2004 834235 Subscribed and sworn to me before this date: December 07, 2004 ~. ~~~I.t"'(f ! lvta~ Notary Public ", -----( ! J". . )J~ lm~~I"~~ Nota~~~-s:TaR:ERorfda ~" ". . ~ My CommIs8iln ExpiresAug 2. 2000 ::e...~.A Commmlllion , 00132804 ~ 'q-,- Bonded By National Notary Assn, ._ ,._,.........",...T EXHIBIT B DESCRIPTION: SAINT LUCIE VILLAGE MSBU ALL THAT PART OF SECTIONS 16,17,20,21,27,28,33 AND 34, T-34-S, R-40-E, ST. LUCIE COUNTY, FLORIDA LYING EAST OF THE EAST RIGHT OF WAY LINE OF US HIGHWAY NO.1 AND LYING WEST OF THE MEAN HIGH WATER LINE OF THE INDIAN RIVER; SAID PARCEL BEING BOUND ON THE NORTH BY THE NORTH LINE OF THE SOUTH 1f2 OF SECTIONS 16 AND 17, T-34-S, R-40-E; SAID PARCEL BEING BOUNDED ON THE SOUTH BY THE FOLLOWING DESCRIBED LINE; COMMENCE AT THE SOUTHWEST CORNER OF SECTION 34, T-34-S, R-40-E, THENCE N 00 38'00" E ALONG SAID SECTION LINE A DISTANCE OF 1976.90' FEET; THENCE S 89 22'00" E A DISTANCE OF 311.97' FEET; THENCE S 00 38'00" W A DISTANCE OF 6.10' FEET; THENCE S 89 22'00" E A DISTANCE OF 130' FEET TO A POINT ON THE MEAN HIGH WATER LINE OF THE INDIAN RIVER AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE N 89 22'00" W A DISTANCE OF 130' FEET; THENCE S 00 38'00" W A DISTANCE OF 205.24' FEET; THENCE S 8929'15" W A DISTANCE OF 228.70' TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE CONTINUE S 89 29'15" W TO A POINT ON THE EAST RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY; THENCE S 21 08'34" E ALONG SAID EAST RIGHT OF WAY LINE TO A POINT ON THE SOUTH LINE OF THE NORTH 875.2' FEET OF THE SOUTH 2238.70' FEET OF SECTIONS 33 AND 34, T-34-S, R-40-E; THENCE WEST ALONG SAID LINE TO A POINT ON THE EAST RIGHT OF WAY LINE OF US HIGHWAY NO. 1 AND THE POINT OF TERMINATION. TOGETHER WITH ALL THAT PART OF THE NORTH 1f2 OF SECTIONS 16 AND 17, T-34-S, R-40-E LYING SOUTH OF MICHIGAN AVENUE AND EAST OF OLD DIXIE HIGHWAY AND WEST OF THE MEAN HIGH WATER LINE OF THE INDIAN RIVER. LESS AND EXCEPT ALL RIGHT OF WAYS OF RECORD. G:\ENG\MSBU\MSBU WORD\NOI 2005\RESOLUTIONS\StLucieVillage.doc 5