The URL can be used to link to this page

Home My WebLink About05-232 RESOLUTION NO. 05-232 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DETERMINING THAT A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO PROPERTIES WITHIN A PROPOSED LAKE DRIVE MUNICIPAL SERVICES BENEFIT UNIT IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITHIN A PROPOSED LAKE DRIVE MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 100% OF THE BENEFITS OF THE PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED LAKE DRIVE 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 LAKE DRIVE 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 LAKE DRIVE 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 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 WHEREAS, on May 10, 2005 pursuant to the procedures set forth in Section 1-13.5 of the Code, the Board accepted the petition representing sixty (60%) percent of the land owners within a proposed Lake Drive Municipal Services Benefit Unit (the "Lake Drive MSBU") requesting that the Board create the Lake Drive MSBU to fund the cost of a project to provide potable water improvements to properties within the limits of the proposed Lake Drive MSBU in unincorporated St. Lucie County (the "Project"); and -1- WHEREAS, on June 7, 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 Lake Drive 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 Lake Drive 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 Lake Drive MSBU; (2) the percentage of the benefits of the Project which will accrue to properties within the limits of the proposed Lake Drive 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 of St. Lucie County, Florida, as follows: Section 1: A municipal services benefit unit to be known as the Lake Drive 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 Lake Drive 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 Lake Drive 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 Lake Drive MSBU. -2- Section 6. This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 7th day of May, 2005. ATTEST: BOARD OF COUNTY COMMISSIONER.S ST. LUCIE COUNTY, FLORIDA ~~f/¿~ Deputy Clerk ~::4~ eJ ¿!'::'N'.;\~" ~ . ,,, ,,~ " (\,It". .~ ¡'" ~.... ,). . "~'.,;", . '. ",' ',' '~'..' ..~ t.·::i. ":."...... ."; ':';¡ ..;,..~....: "'. -.!, '"." I ~.'.~ ;,3 j .," r' ; .j',' r ~k;;;;iF,:,,·' . .' ~~;. l !~'~',""""'ê~" ~'&,..."...,.-- APPROVED AS TO FORM AND CORRECTNESS: ~¿..... Þr3S).. County Attorney -3- SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION ~:A:~ !Ii 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. Customer Ad Number Pub Date Copvline PO# 8T LUCIE COUNTY BOCC 5/17/2005 BEFORETHEBOARDOFCOUN~~S5ßMAP 1067576 8T LUCIE COUNTY BOCC 5/31/2005 -- R:I ,,,. ,NTY catv ". ·'~W, FLOR":: ì' ..LIC 4F ^ .'~n ¡ "j -,I'· ),' .J ,<::t ¡'QS-t Subscribed and sworn to me before this date: May 31,2005 c3. .'j¡4Jc.Au~6.~Õ ~ ¡g~ Nota P~iC f ..~'''~~ c::: ¡M~Y T. BYRNE \. NotarYPub'lic - statø of FlorIda . S Mv Commillsion ÐlpiœAug2.2IXIJ ~ Commmillion . DD13281M ,.- Bonded By National Notary Aun. ftkJ L~ ( r¡\)~tl~ í-'~ .. _ r~t~ ,[ . ItJ .", I:., I,. j. c; ~~ ,~. ro ,J ¿f ~ I. . BEFORE THE BOARD OF Cl ST, LUCIE cour NOTICE OF Pur MISSIONERS lOA ,ARING ,,'0 '.) _ NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF ST, LUCIE COUNTY. FLORIDA, pr'T ..0Ò J a municipal service benefit unit to be known as the LAKE DRIVE MSBU. The proposed Lake Drive Municipal Service Benefit Uni v would levy a non-ad valorem special assessment to fund a project to provide public water improvements to the Lake Drive area, The matter will be considered at the Board's regular meeting on Tuesday, the 7 day of June, 2005, at 6:00 p.m., or as soon thereaf ter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie County Administration Building An nex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. The proposed i:¡oundaries of the Lake Drive Municipal Services Benefi Unit are shown on the map below, Lake Drive MSBU t02,S11 "¡ I i ":' , . " ;~- '''': ': ,~-'. n 14.810' .~.~,~. ,!"!.. JII,93e' . t. J~ 'f. I' 31..46\5' "....' . -~ ~... ~ ~. . )~',.,;;.h)"; 000;<1;' {,SU2.oo14-(OO"}\ 4,:1&4(: , __H~.,.H_., ($02.oo14-01.w~J \.31"-'& SO: 0 lot> ;..;\,~": ,,m' . P 2 :,~,'.: ,;.·"X..'J"<:' « &6,214' 0" .....\ íL';'_~ :?t,6OQ' 'Î:·/''''Gí/-'''~''~·. N .00Å :1' "¡ , ~ . I'U 4/:: .. : ": =¡ ¡~ " '^ ..: < 0 . p , , - '^ :> :k 0' w' :U)..J(lt'X.'.(¡(¡O,()) ^ ~: .' 0, ;>. 2, , " ., '" 100 200 300 , . . ~;! :X 'X -x > ~ . : ," : '" · : · " · . : : : .. ~ · "·tã'~;·----¡- Jij.l +'-1 :1 ; hTJJ tij IU U .".--..---'.,..., , : ~ .... MIP~~\1.20C6 :! - ~ ~ n,.j; H. .. :.... " ~ l: ..__._.~- . "';;H(,!()..»"¡f4~ U3~ _~_~~U.'- ·lJI}fl·i¡;"".'ìlJ) 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 be made at the public hearing, If any person decides to appeal any deci~ion 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, 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 proceeding. 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 dur ing a hearing upon request. This notice executed and dated this 17th day of May 2005. Submi~ed by: Michael Powley, County Engineer Publish: May 17,31,2005 " , t $ ..¡ ~ , .. 1067576 :~ :' i :1 ;1, : ¡ : .. I i ' .. " j '" 1 " " ...¥-. . i: ," . ; " .. ,; :! -' ". '" 'U ;: ~ Q :, '., If ¡ N ø 011,,"'. ~~ t)FI¡,'E .) " .' r.t 1. :! I o.T3Ac 073 Ac " :. d ~ X ,,XX 'X~x x x X X x . , , .' x 'ý, .... " .. v " - ,. ., ; "." x .., .¡ .. , v. . !. ',- XX~ì X.I X x' X X X ><x I )(t., '" X (. . '" ~ x '* x x' , x XX > Y ~;x ')( X y , ".¡ ", " '" ,)( ixl)( . .. ì: , ,x. X * X ~ OI¡ 0 ~ ):H.. :: ,: , " x~" I .. , . ,"X.. u " , 0" ..... *é. X" .X:' ~ ' ), ~ "X - X ¡ " "-,. .. .y.i;{. -. .... ," .J"x * )(~xy ~XX¡·M. .X!~,:X.X :X'· , ..' , " ¡; .. ~., " x'-..' ;: : :: ;;' ;!:; .::,:.:j ,... . I. ,,; '" .. ,u t._ )...~.:.' ~.' '._!~ t .,!.~.;!..J, L.. 1 ~.~ .~,,·..U ~ j .-,;.,.....,.- lAN~ . " ". ::.. .' =! ". -,.. i': :! -, i ,~. . ~ .~~4,...~.',..¥,' WAGN(,;:¡' P L,A,GE EXHIBIT B Lake Drive MSBU 102.571 '? 7. /I 7 ~7 ~ . 75 ., 75 , 91.678 '7 411836 49Ø 5 74,619 ' 39,936 . . ~ 9 3 II 4916' 37,465 . 49,986 ' ·'S 13 00.014 ' {5U2-(¡;; 1';. (J002) 4 38 Ac . _ _3 ~3 _~ .'__ í~)02+00 14·C~ 0 '51 137 Ac 3.D J .'_~_ R 0 AD 503,; .222 ' 3 J 7 _'!.~_ 66.214' ,33763 1.' 76 , .. a: ----1 "'" c z .. w ~ o . : .' .' . , . :1 . .. w :> z w :> .. , .' .' -,-, G;~ (~... ..-ry.- N .ooÂ , & 6 1>' 0 '00 200 300 Fee' Map prepared April 13. 2005 . <h " , ; ~ '" , ; ~ '" ;: _.'.,'.5 ...9535 " . ." K I J\. G ORJ.t-.GE OR I V E ) 0, : '. REVELS l A N E . " .' , ,7.. 49 . , " .' 2' 211 SKYlARK DR I Ii E "'¡ . . 10.. 0 110. , , . . " ." .. F R A. M.£. R P lAC E 40" c.:t 0 60 _'__'~~_'_' z . < '" . :> o , . I I ~ " o on ·~'-:-~'+(.IJr¡,;·;) ,,' " "¡ :i ., ____...:._~5. ------ ---..----- . ___ n______ - ------.- .---.+--------. ------.---.- ,.e II .....___.___.n----¡ ~~ ¡ i·é..j :1 :n r-, H !~~ . " , . ~_<"~ 0-I..JO I; 4 ) 2.78 Ac u___!!...!-I t . :~.,;,:; ::'. ;.<~~\"r:', $42 o. n__.. _______