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Home My WebLink About05-317 tDf~ tD: ?VJ D 1"15 l)u. Loor. Sd; (l WllSt-e... T O-.ý Lv I \e ~ -toí 'Prop, Art>- h0(lf\Lé', OMi> hIt.- ST. LUCIE COUNTY, FLORIDA EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 269759408/30/2005 at 08:16 AM OR BOOK 2346 PAGE 936 - 949 Doc Type: RESO RECORDING: $120.50 FINAL ASSESSMENT RESOLUTION SOLID WASTE SERVICES ADOPTED AUGUST 16, 2005 Res. 05- 3\7 TABLE OF CONTENTS Page SECTION 1. AUTHORITY 3 SECTION 2. DEFINITIONS AND INTERPRETATION 3 SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION AND DISPOSAL ASSESSMENTS ... ..... ....................... ..................................... 3 SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION 6 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION 6 SECTION 6. EFFECTIVE DATE 7 APPENDIX B: APPENDIX C: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS ......................................................... .A-1 PROOF OF PUBLICATION......................................................... B-1 FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL.................................................. ............... C-1 APPENDIX A: RESOLUTION NO. 05-317 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN ST. LUCIE COUNTY, FLORIDA; AMENDING THE INITIAL ASSESSMENT RESOLUTION; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR THE COLLECTION; APPROVING THE ASSESSMENT ROLL; CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has enacted Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County (the "Ordinance"), which authorizes the imposition of annual Solid Waste Service Assessments for Solid Waste collection, disposal and administrative services, facilities or programs against certain Assessed Property within St. Lucie County; WHEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste collection, disposal and administrative services, facilities or programs for each Fiscal Year is an equitable and efficient method of allocating and apportioning Solid Waste Costs among parcels of Assessed Property; WHEREAS, on September 14, 2004, the Board adopted Resolution No. 04-255 which authorized the imposition of an assessment program for Solid Waste collection, disposal and administrative services, facilities or programs within the County Urban Services Area using the tax bill collection method commencing with the 2004 Fiscal Year; WHEREAS, on July 12, 2005, the Board adopted Resolution No. 05-273 (the "Initial Assessment Resolution"), containing a brief and general description of the Solid Waste collection, disposal and administrative services, facilities or programs to be provided to -2- Assessed Property, describing the method of apportioning the Solid Waste Costs to compute the Solid Waste Service Assessment for Solid Waste collection, disposal and administrative services, facilities or programs against Residential Property, designating a rate of assessment, a separate Assessment Roll for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years and directing preparation of the Assessment Roll and provision of the notice required by the Ordinance,; WHEREAS, pursuant to the provisions of the Ordinance, the Board is required to confirm or repeal the Initial Assessment Resolution, with such amendments as the Board deems appropriate, after hearing comments and objections of all interested parties; WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; WHEREAS, on July 26,2005, notice of a public hearing has been published and, as required by the terms of the Ordinance and the Initial Assessment Resolution, mailed to each Owner of Residential Property proposed to be assessed notifying such Owners of their opportunity to be heard. An affidavit regarding the form of notice mailed to each Owner of Residential Property is attached hereto as Appendix A and the proof of publication is attached hereto as Appendix B; and WHEREAS, a public hearing was held on August 16, 2005, and comments and objections of all interested persons have been heard and considered as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This resolution is adopted pursuant to Chapter 1-9 of the Code or Ordinances and Compiled Laws of St. Lucie County; Florida, Resolution No. -3- 05-273; Article VIII, Section1 (f), Florida Constitution; sections 125.01 and 125.69, Florida Statutes; and other applicable provisions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes the Final Assessment Resolution as defined in the Ordinance. All capitalized terms in this resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION AND DISPOSAL ASSESSMENTS. (A) The parcels of Assessed Property described in the Assessment Roll, which is hereby approved, are hereby found to be specially benefited by the provision of Solid Waste collection, disposal and administrative services, facilities or programs described in the Initial Assessment Resolution, in the amount of the Solid Waste Service Assessment set forth in the Assessment Roll, a copy of which was present at the above referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined and declared that each parcel of Assessed Property within the County Solid Waste Urban Service Area will be benefited by the County's provision of Solid Waste collection, disposal and administrative services, facilities or programs in an amount not less than the Solid Waste Service Assessment for such parcel, computed in the manner set forth in this Resolution. Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit, as set forth in the Ordinance and the Initial Assessment Resolution from the Solid Waste collection, disposal and administrative services, facilities or programs to be provided and a legislative determination that the Solid Waste Service Assessments are fairly and reasonably -4- apportioned among the Residential Properties that receive the special benefit as set forth in the Initial Assessment Resolution. (B) The method for computing Solid Waste Service Assessments described in the Initial Assessment Resolution is hereby approved. (C) Forthe Fiscal Year beginning October 1,2005, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. An annual rate of assessment equal to $170.88 for each Dwelling Unit is hereby approved. Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities or programs in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessed Property described in the Assessment Roll. (D) Any shortfall in the expected Solid Waste Service Assessment proceeds due to any reduction or exemption from payment of the Solid Waste Service Assessments required by law or authorized by the Board shall be supplemented by any legally available funds, or combination of such funds, within the solid waste enterprise fund. (E) As authorized in Section 1-9-71 of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, Interim Solid Waste Service Assessments are also levied and imposed against all Residential Property for which a Certificate of Occupancy (or Building Permit as chosen by the Board) is issued beginning June 1, 2005, or has otherwise been inadvertently omitted from the Assessment Roll, based upon the rates of assessment approved herein. The County shall provide invoices to those Residential Properties requesting payment in the amounts set forth herein. Failure of the Property Owner to pay such amounts within forty-five (45) days shall render these amounts -5- delinquent. Such delinquencies may be collected by any lawful means, including but not limited to, the institution of an action to collect the amounts owed or their inclusion on the subsequent years Tax Bill. In addition, the Building Department shall be authorized to also collect an administrative fee of 2% of the amount of the Interim Solid Waste Assessment to pay for the costs of collection and processing. The amount which shall be imposed upon Interim Solid Waste Assessments, including the administrative fee, shall be $13.67 per month per Dwelling Unit for each month until such Residential Property can be placed on an Assessment Roll. (F) As authorized by 1-9-71 of the Code or Ordinances and Compiled Laws of St. Lucie County, Florida, Solid Waste Service Assessment delinquencies may be collected by any lawful means, including but not limited to, the institution of an action to collect the amounts owed or their inclusion on the subsequent years Tax Bill. The Assessment Roll includes Solid Waste Assessment that are delinquent to date. (F) Such Solid Waste Service Assessments shall constitute a lien upon the Assessed Property so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (G) The Assessment Roll, as herein approved, shall be delivered to the Tax Collector for collection using the tax bill collection method in the manner prescribed by the Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C. -6- SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution is hereby confirmed. SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the method of apportionment, the rate of assessment, the Assessment Roll and the levy and lien of the Solid Waste Service Assessments for Solid Waste collection, disposal and administrative services, facilities or programs) unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 30 days from the date of this Final Assessment Resolution. SECTION 6. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. PASSED, ADOPTED AND APPROVED THIS 16th day of August, 2005. ~" ß;;;~~~;':~~\; ,j" 1'0 \,"'" I',' ~. (SEAL) (~~>:::'<;<~::\ A TTES}~~~:,~;;~~:) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORID~ By: 4/''; // /j "'-., '-/~/ \ ,.;/ t~'----'''1:~;.:i-- ,.' !~':'/~Y~~~~~~~-1- \ ( By: APPROVED AS TO FORM AND COR1C;.:1ESS:V By: J..# I:J I County At rn APPENDIX A AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Rebecca R. Padrick, who, after being duly sworn, deposes and says: 1. Rebecca R. Padrick pursuant to the authority and direction received from the Board of County Commissioners, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County, Florida (the "Ordinance"), in conformance with the Initial Assessment Resolution adopted by the Board on July 12, 2005 (the "Initial Assessment Resolution"). 2. In accordance with the Ordinance, Ms. Padrick supervised and directed the mailing of individual mailed notices to the owner of each Assessed Property contained upon the Assessment Roll. The notice was substantially in the form as contained in the Initial Assessment Resolution and included the following: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the County expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certific~te to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. FURTHER AFFIANT SAYETH NOT. C:::¡:~CA.- 9 f>odiu-d( Rebecca R. Padrick, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE COUNTY The foregoing Affidavit of Mailing was sworn to and subscribed before me this ~ day of a.()~~JE.A- ,2005, by Rebecca R. Padrick. He ¡s$ersonally kno~to me or has produce as identification and did take an oath. ~~o~u~ Printed Name:~ ,\)Q \C)Ù b Notary Public, State of Florida At L rge My Commission Expires: ' é;J.l Q(X)~ Commission No.: b ':2 tI-"{ ~,-, B. Debus l~ , CommiaIion' 00364883 ~. \)..4 Expires October 21, 2008 ~ OF ~. ......... TIoy F.;n· _. 1M, .....,.,. ~:A:~ III SCRIPPS TREþ;tJRE COAST N EWS~~,' :,}p E RS Fort PieW8è Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION . II... ( ... . J¡ J1 . " I J-; ø"":"'" , :. '.' I , , 1,¡¡1· 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. Pub Date Copvline PO# Customer Ad Number BOCC PUBLIC WORKS DEPT 1141991 7/26/2005 PH 8/16/05 PH 8/16/05 & MAP œ ~27~5Œ ill ENG!NEER!f'lG Suþscribed and sworn to me before this date: ... July 26, 2005 ~,.~",~. MARY 1. BYRNE i~tf. ....... Notary Public· StaIø of F10rida ª- . ~ My CanmÏlllill1 EJpiaIAiG 2, 2006 :~ $ Commmillion . DD132804 Bonded By National Notary AIIn. --~-.~-"--._-......-'--' :,~.O .1, 2Œ.,'.', ..me. E,·,.Of,/ ,( . - MEETING' , e"'~, . - ~µ..:. . " ",.. . NQ,TI¡;Ê'ÛFR~¡¡;RI~j:d-¡~ÄI~ðY~ð·, COLLECTION,OF $O~IQ WASTESERVlcESPEQIA~ A$SS$Si.1 Noti~è' isheçebygiv~n, that: the Board of County CoininissiÓhs"ofjSt.!.~Jçi~,¢Óu will conduct a. pUblii; hearing,to, cønsiderimposing: ~òlid w~st~'$pepíal'ª~seSs proved residential properties lo"atedwithin .the COUj1tì¡ Solid' Wàste·~Jrbã[1,$.è: of solid. waste,management¡.,collection,.. and d,isposal, services,faciHtie~"àñd1 Cling:.and 'yard"waste"còllection. and..disposalsél'\liqes~' pròvided:to;j¡uPh~ prOPe!:ii lectionÓ.! such,-assessmems¡p[1'thetax bill., .". '..'~;.:,,~, ,'"., '.' "">i":\"!"~":§:' ",iJa The heannR Wlllbeheld"In' the, County COf11misslon'.Clìambers a,t,6:00;¡p.n¡1:f,O .11, thereafter as ,the matter may be heard in., the, St..~ucie County" Gomm Third Floor in the St. L~cieC()unty'Ad(T1ini~traìionAr¡nex,2300VirgTi1i the ,purpos¡¡pL r~ç¡¡iyihg, p~blfq: çprT'Irne,nt',or,th,e,prqposed assèss(T1en' have a rig,ht toappe~ç a~the"'tff)i!fiI¡19,,~nd,dq,ftlelWti~er¡,PQj!}p.tloJl~¡tß notice." If a p¡¡rsOn dé?idesto appeal any gécision(T1ade by the' Board . to.anY'l11aþerc ered. at the.r¡¡arjng-,·suqh,è¡ierson 'Willii}ê,êd(l~ fèéqtdioftl1e,pÌºc~~~1Õ'g~" " need. lolè,âß~jt~~ Yerb\lti (T1,i,~,ç,~(gJß'iJ:¡a,q!},,)[1clu din i~ ~ny . a nqe\{ideiice'.\~Q~j),:~;þ!ch the:,appeaL . accordance ',wlth,t~e,'Amef!~~ .!11!.\\.s;Â~1;·,Q~Q.§,1i~!tq!:Q.Q::;'~~P!1,cl¡¡J.'~!l.çP. Interpreter to participate 1[1~t ", . g:'shóíiJla"'çontact'tne~OmmUnftY",Serv'C'es", ,,'...' 462-1777 or TOO (772) 462·14.28, a11east seve·o'days\ìfrio~·tq;tli"e date'ÐM~e';liearing.'l,))·"/;i,¡J;n,,;~ .. ."":2J' Tqe assessf11~rîtsw¡!lb!!i c0inPuted, by multiplying ttie\ti(u"mb~r';of1dweIUi:1g units;,orea,chparceL by th~ '" rat~;iof a~se~s~e§rfm~.rat,e of assessmept for the up~?r:nin~ fisc~\ye.a[. ,shall qe.$pq:88pet.d-.yellii19î' umt. Themaxlmurrv'¥ate, oLassessment that, can be; clì'arged,'mJulure' flsca~:years wltl1outa«;ldl!l9nat no- " tice shall be $170.88 per di.veiling unit. Copies ofthe,ass~ssment.roll, sh9wing,theal11öunt of: the', ; " s¡¡~smentto'.be,...impos~,d agaiÌ1steà.èh)parè~I'9f proþérty; arWth~legàláòcul11eþ¡'atiO:h~;r~lât '" Jt asses~m¡¡nts ~r~'illail~bl¡¡ forihspecti(1.nàfthe'. øffiCeofthè"Coúnfy'Si,M$BU,Cbor¡miatofl,loc' , ¡ - Secoòd FloorQfth¡¡ Adrpinistration Aone1< at 2300VirginiaA\lenue';FortPie~ce;Florida¿~f''''';~)I'~."" "',~' 't~ The assessments' will. be' collected on the ad valorem tax ,bill to' bemailed.in·No\lémb.er200S.iâs-.author.. ,è i~e(l,by ~e,cti~:mX32!~'Florida Statutes, Failure to, pay. ,!he" as.sessn1e,ntf.....!lIiCà.USèi¿<ð'!la.x~¡¡rtifi9ate,ì~,; b¡¡'J~~lIed}gal 9.\I~rty"Ytilch' may resujll~alossof:tjtle:,.;":'·n:'\"r7':".i ,¡;ê~.¿:·:,"'J;{;¡Y'.f2' ¡ .Ifyou ,¡have ,an . s~please"contact:th e, Gou nty ati,(7'7'~Þ 462,:3500¡.>Mond,~y.; tti rQug h,', een t~, 8:3~~';rr],~[1d, (');:'''·''~':''{;'''''1:''':',?''')·;Y Ie,),."";,,.. "<,,ii;.J .;:. . , - ~)1: ,". ,', "'¡",\ ~¡ '" "0-" , rc--'- i-I - I I W,---J, I~ - [!:-_n~ l-- ~ (.', - ¡~--.Jiní : 'r I '_-1 .~ +-+___ ___1 '=1- ,~-,~t-l' ~~-" ~ .f r: Jtj. ~_ ,. I '--L- lj y.-I T~~ '¡--r-¡ , .' i ~>- lL-: I ~ --ìI'/1 I --~~I I I i 1:- - -.- ~--I , . -- --"-------...- , I: r---:---""--i._-· ,- _____n._ _ ", I ¡...j "~. I '~:+-~ ...:,.+~ ST. LUCIE COUNTY SOLID WASTE NON·AD VALOREM ASSESSMENT BOUNDARY !W~ SERVICE AREA ,_. I , , ..' , I" -,~ --'---1 I i ¡ I, -j I ¡ '-..', -.... ,; PORT Sf LUCIE CITY LIMITS I "' ',,- ... I ,- " ui L_______ .~- j APPENDIX C CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, as an authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for solid waste services (the "Solid Waste Service Assessment Roll") for the County is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2005. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this /7fh day of (lull' Jd- , 2005. ST. LUCIE COUNTY, FLORIDA g~l'rl[?~dl( Rebecca R. Padrick MSBU Coordinator [to be delivered to Tax Collector prior to September 15]