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HomeMy WebLinkAbout05-114 EDWIN M, FRY, Jr" CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY . FILE # 2600762 04/13/2005 at 01:00 PM ~ OR BOOK 2213 PAGE 681 - 686 Doc Type: RESO RECORDING: $52.50 RESOLUTION NO. 05-114 (1 ~^yiv' piJJþ '---q' . /I1SBU CotiJ . (Y\tß '-f¡(¡ . ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DETERMINING THAT A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO CERTAIN PROPERTIES ON NAVAJO AVENUE SOUTH IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITHIN A PROPOSED NAVAJO AVENUE SOUTH MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 100% OF THE BENEFITS OF THE PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED NAVAJO AVENUE SOUTH 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 NAVAJO AVENUE SOUTH MUNICIPAL SERVICES BENEFIT UNIT; RESOLVING THAT 100% OF THE COST OF THE PROJECT SHOULD BE FUNDED BY NON- AD VALOREM SPECIAL ASSESSMENTS LEVIED ON PROPERTIES WITHIN THE NAVAJO AVENUE SOUTH 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 ("MSBU's") in unincorporated St. Lucie County to provide, among Dther 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 WHEREAS, on March 8, 2005 pursuant to the procedures set forth in Section 1- 13.5 of the Code, the Board accepted the petition representing forty-nine (49%) to sixty- three (63%) percent of the land owners, which percentage is based upon the final number of residential connections reserved, within a proposed Navajo Avenue South Municipal Services Benefit Unit (the "Navajo Avenue South MSBU") requesting that the Board create -1- the Navajo Avenue South MSBU to fund the cost of a project to provide potable water improvements to certain properties on Navajo Avenue South in unincorporated St. Lucie County (the "Project"); and WHEREAS, on April 5, 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 Navajo Avenue South 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 Navajo Avenue South 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 Navajo Avenue South MSBU; (2) the percentage of the benefits of the Project which will accrue to properties within the limits of the proposed Navajo Avenue South MSBU as shown on the map attached hereto as Exhibit "B" is 100%; (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 Df St. Lucie County, Florida, as follows: Section 1: A municipal services benefit unit to be known as the Navajo Avenue South 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 Navajo Avenue South MSBU. Section 3: The method of assessment shall be based on the equivalent residential connectiDn method of assessment such that each lot owner within the Navajo Avenue South MSBU shall share proportionately in the cost of the Project in relationship to the benefit received. -2- 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 Navajo Avenue South MSBU. Section 6. This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 5th day of April, 2005. ATTEST: \~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIpA / ./ , / ,~, -3- EXHIBIT A SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION ~A~ 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 al Fort Pierce in $1. Lucie County, Florida: thai 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 51. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said 81. Lucie County, Florida, daily and distributed in $1. 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. Customer Ad Number Copvline po# Pub Date 5T LUCIE COUNTY SOCC 3/1512005 BEFORETHEBOARDOFCOUNTY4)6)MM!$61 979578 5T LUCIE COUNTY BOCC 3/29/2005 , 'j, ,- .~,. lC i;'1, 2~14 ~( lr~j -.~, >,/ -1·)1 Subscribed and sworn to me before this date: March 29, 2005 ~. (J~i~õ It'-~ Notary ublib r-- . ~."""'" MARY , BYRNE .,~'I' '¡ /' .. \, Notary Public - State of Rorid8 ¡,. ,~ IIy Canmitoloo E>piĊ“AIJg2, 2!ØI · "m" GOmmmi".ion . DD132BD4 ''Í?,flfl~'~'' Bonded By NationBl NotaJy Alan. . .._.,,--.'~'---'- -4- fIJytV"l /,fi, ./1, '{/ (1'(/ .. '. J if- ,,_ _ f .;.;:~ it'. " I r' 'J': VIV" ........~- EXHIBIT A " b ':'''ÀE THE BOARD OF COUNTY COMMISSIONERS S1. LUCIE COUNTY, FLORIDA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE BI\~RD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, proposes to create a municipal service benefit unit to e known as the NAVAJO AVENUE- SOUTH MSBU. The proposed Navajo Avenue Sout Municipal Service Benefit Unit would lew a non-ad valorem special assessment to fund a project to provide potable water im provements to the Sunland Gardens area. The matter will be considered at the Board's regular meeting on Tuesday, the 5TH da of Apri'l, 2005, at 6:00 p.m., or as soon -thereafter as the matter may be heard in the St. Lucie County Commission ,Chambers at th St. Lucie County Administration Buildin'g Annex, Third Floor, 2300 Virginia AvenuE;, Fort Pierce, Florida. The proposed boundarie of the Navajo Avenue South Municipal Ssrvices Benefit Unit are shown on the map below. \ \.. I: ,- .., ;, , . ., , "I p n~ ~ ^ ~..¡ , "~ j t i "I I , !: ~ t.~._._!_.~_. 'I' . ( .. 1 ~ t 0; " "..+-... - ..~.. <I' . " : , ..,·ö .- ~ .; :\ , ¡ " í ! " \, · '" . · .. ~ . I. :1 :. ~"_··..~··"r' ~~ · .., :! .; .. " ~ ~ :\_.!.!},....,. " . ~- "1 , . !~L._~ : ~_~.'._"';~. _' ~ I ';; "':':'..~'-~ .~ , . , . ~ :i ROAD ~._~...,,--_. -~;Îj ,. " . ¡: 0, . ~ ¡: S I: . · ' ,. ... t,~' ..' ,,' .' ~j .. :: ~ ". ". 1:_-," I ,I; I ~ ,'0 ¡ -\,.-;-,.\ ¡ ! '. -, .' I 'I , ,. . " '., :; -' í [ ~.~ " ~~ ,~ --,-1 '~ ._.~ .. 1.--1 ~ : i : " ,- . ~ .: I "·--1 ~ \'.. , z . c , ~ i: -< 1m... I: 1 , ~ , . I .! 1 [:' !;[ .,. I:':' o , . , I. ¡: N A: --~ ',-,-I: ¡ o · · < > · " , o · " ~ '11 ,- '. , · r.!~·c~ · ", · ~. ! , j , - '-I ~ ~:_:i_ 1.. i i ~ ~ , 1-' i-'::' ,. --'1 .' ... .." "," , ... -: .,' - .' ", I: I: , .; :1 " , '-;i ~ , 1 , , .., ..\ i .; . ¡~-- , '. ,- -j -' " .; ~ , . . , " ~ 1" ~! ~: ¡- --- f,'" ... -ï , ~ . - J ~ ," ..,1: :;;... :, > I I -I < f-- .l.''!.__, . J \: : ~ i ~-(¡-¡-~.: : ~ 1 I; ,~..!..__.J ~ I: o t- 0; :;;: a :'~.!__.1 0 tt I::: ,- ,,' -, :j I~~~ d -, . '. ,- I·n.. -m---' ~ -' -, : : ¡: :: I" ~ : .. ...." L~__:_·.. --~ ,....¡ ; " L:, ~ .'" ¡ :, ¡ !. "___2:"O._~ ... j: ..¢ , ~ .. ..._~:~:'~ - ~ ._.__l~._._,_J ~ ~ . ...;. ....*, oi _...L______~ .,¡ ..I J,___~ .J " I i '" ....n·---t----·· .. oi ¡" I ,. ~ ~: ~^~~J j~C ~ - '.. ''''''''1 ,'~.~J~j¡'O·---::! ~. 3 ........- '" : , ~r .. !.. ... ~----_...~ : I: " ,~! .. , ", " -, , .-j '. ." '.'., ~:_. , , ., . .;" Matters affecting your personal and property rights may be heard and acted upon. All interested persons are invited to attend an be heard. Written comments received in advance of the public hearing will also be heard. Amendments to the proposal may b made atthe 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, councilor advisory group, that person will need a record of the proceedings and that, tor 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 durinq hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine any individual testifym during a hearing upon request. THIS NOTICE EXECUTED AND DATED THIS 15th DAY OF MARCH, 2005. Submitted by: Michael Powley County Engineer Publish:March 15, 2005 and March 29, 2005 979578 _~~.'_.." '·~.M " '" , <0 , " ' <0 , " " , " ~ , '" , ., " , " , '" " N ' <0 , " ' " , <0 , " , , , " "; A 0 0 , " - ; :. '" " , " > Q 0 ~ " , . 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