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Home My WebLink About05-046 &yy to k~ < ''1U1· A '!ff!1 iJ ()ma . RESOLUTION NO. 05-046 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DETERMINING THAT A PROJECT TO PROVIDE POT ABLE WATER IMPROVEMENTS TO CERTAIN PROPERTIES IN THE SUNLAND GARDENS AREA IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITHIN A PROPOSED SUNLAND GARDENS PHASE II MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 100'0 OF THE BENEFITS OF THE PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED SUNLAND GARDENS PHASE II MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT THE METHOD OF ASSESSMENT FOR THE POTABLE WATER IMPROVEMENTS SHALL BE BASED UPON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD; DETERMINING THAT THE COST OF THE PROJECT IS NOT IN EXCESS OF THE BENEFIT; CREATING THE SUNLAND GARDENS PHASE II 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 SUNLAND GARDENS PHASE II 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 WHEREAS, pursuant to Chapter 1-13.5 of the Code, the Board has adopted procedures which govern the establishment and administration of such MSBU's; and -1- WHEREAS, on December 14, 2004 pursuant to the procedures set forth in Section 1-13.5 of the Code, the Board accepted petition ballots from the land owners for potable water improvements within a proposed Sunland Gardens Phase II Municipal Services Benefit Unit (the II Sunland Gardens Phase II MSBU") requesting that the Board create the Sunland Gardens Phase II MSBU to fund the cost of a project to provide potable water improvements to properties within the Sun land Gardens Phase II area in unincorporated St. Lucie County (the "Project"); and WHEREAS, on February 1, 2005, 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 Sunland Gardens Phase II 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 Sun land Gardens Phase II 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 Sunland Gardens Phase II MSBU; (2) the percentage of the benefits of the Project which will accrue to properties within the limits of the proposed Sunland Gardens Phase II 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 Sunland Gardens Phase II 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 Sun land Garderts Phase II 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 Sunland Gardens Phase II 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 Sunland Gardens Phase II MSBU. Section 6. This Resolution shall be effective upon adoption. THE NEXT PAGE IS THE SIGNATURE PAGE -3- After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vi ce Chai rman Doug Coward Commissioner Chris Craft Commissioner Joseph Smith Commissioner Paula A. Lewis Aye Aye Aye Aye Aye PASSED AND DULY ADOPTED this 1st day of February, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORI~A..._ ,'. / >--"- ,l,/ ' /f>; _ ~/-4 /.. . 71¿b/Ý¿/}'u-R/_ i / ~~ 11J..~~ , L ...... Cha~an -4- EXHIBI A SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION ~~~ III 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 SI. 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 SI. 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, SI. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisemenl. ~~D 0120 NonCE OF MEmNG U I £U NVTKituf MEmNG 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 COUN- TY, FLORIDA, proposes to create a municipal service benefit unit to be known as the SUNLAND GARDENS PHASE 2 MSBU. The proposed Sun- land Gardens Phase 2 Municipal Service Benefit Unit would levy a non-ad valorem special assess- ment to fund a project ¡o provide potable water improvements to the Sunland Gardens area. The matter will be considered at the Board's regular meeting on Tuesday, the 1st day of February, 2005, at 6:00 p,m., or as soon thèreafter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. The pro- posed boundaries of the Sunland Gardens Phase 2 Municipal Services Benefit Unit are shown on the map below. .. Ad Pub N Customer Number Date Copvline PO# SUN LAND GARDENS + PHASE 2 MSBU ST LUCIE COUNTY 896959 1/11/2005 PH02/01/05 PH02/01/05 SOCC ST LUCIE COUNTY 1/25/2005 SOCC Subscribed and sworn to me before this date: January 25, 2005 ~. ~iJJUJ~¿~(J ....,....,,, 1 ,1 -.) r ____ / ¿fa' ( Lx /I,-- Notary PUbl~ Î , ¡/ ~";1!~I/IJI,#. ,Jl,AijY T. BYRNE l:<' .~ NotaryPoblit - State of FlorIda ª. . ê My Commission ExpiesAug 2. 2008 ##. ~ Commmiaaion t DD132804 .W- Bonded By National Notary Asan. "~ -5- Matters affecting your personal and property rights may be heard and acted upon. All interest- ed persons are invited to attend and be heard. Written comments received in advance of the public hearing wiJl also be heard, Amendments to the proposal may be made at the public hear- ing. If any person decides to appeal any decision made with respect to any matter conside'red 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 pro- ceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine any individual testifying during a hearing upon re- quest. THIS NOTICE EXECUTED AND DATED THIS 11th DAY OF JANUARY, 2005. Submitted by: Michael Powley County Engineer Publish:January 11,2005 and January 25, 2005 896959 EXHIBIT B SUNLAND GARDENS PHASE 2 MSBU Scale: 1" = 750' N + 5è.L~ ~~ GIS '7 ~~ .. ¡¡ .. - - - - - - -__ ~I '1r - - - =:!: __I. _ _. -,; ,. - _ I ¡' I~·· "I: : "I' "; -1· :: I: " il: .: ;1' ; !~. I; .1.....- --::-=. - ~- =-=-=--=-~:,-=-~-=-=-~~·:::·--=.:.;:.f--=--=-=-- ~~- .. .. . . . .. . I : ! : : i: i.' i . , '. -;- . : : ~. / ~....~ ..f.,) .1.]1[.. ..l+ -~L .. . "¡I ..1··..··1.· (ffiIEIITITGJI )I:~ I· .: I':'· ~.:: '. :.: ~~~~~C::·'~:~i'~I:::~:~:~T:;':~" ~~~~::;p -~~~ I:: .: .: '.' /,"A r7l11' ;(-I"'ilI",' "-IU1""~1~n"I' ¡'¡··UCH··~·I. ......... .. , "r"1 ''''," - : : .": . · : * - Y .IA... 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