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Home My WebLink About06-321 t RESOLUTION NO. 06- 321 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA; DETERMINING THA T THE PROPOSED SPECIAL ASSESSMENTS FOR THE INDIAN RIVER ESTATES MUNICIPAL SERVICES BENEFIT UNIT TO FUND THE COST OF A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO PROPERTIES WITHIN THE INDIAN RIVER ESTATES MUNICIPAL SERVICES BENEFIT UNIT ARE JUST AND RIGHT; APPROVING AND CONFIRMING THE PRELIMINARY ASSESSMENT ROLL BASED ON THE EQUIV ALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; LEVYING A NON-AD VALOREM SPECIAL ASSESSMENT ON THE REAL PROPERTY WITHIN THE INDIAN RIVER ESTATES MUNICIPAL SERVICES BENEFIT UNIT BASED ON THE APPROVED ROLL; APPROVING THE AMENDED INDIAN RIVER ESTATES MUNICIPAL SERVICES BENEFIT UNIT BOUNDARY; AUTHORIZING COLLECTION OF THE SPECIAL ASSESSMENT BY THE UNIFORM METHOD OF COLLECTION; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, on December 10, 2002, based on the balloting results of the landowners pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code"), the Board of County Commissioners for St. Lucie County (the II Board") adopted Resolution No. 02-309 which created the Indian River Estates Municipal Services Benefit Unit (the "Indian River Estates MSBU") to levy non-ad valorem special assessments based on the equivalent residential connection method of assessment to fund the cost of a project to provide potable water improvements to properties within the boundaries of the Indian River Estates MSBU in unincorporated St. Lucie County, Florida (the "Project"), selected St. Lucie County Utilities as the utility service provider, purchasing bulk water from the City of Port St. Lucie, and authorized the St. Lucie County Director of Engineering (the "County Engineer") to proceed with the Project pursuant to the procedures set forth in Section 1-13.5 of the Code; and WHEREAS, on August 24, 2004, the Board accepted the re-balloting results of the landowners within the Indian River Estates MSBU and authorized the County Engineer to proceed with the Project with St. Lucie County Utilities as the utility service provider, purchasing bulk water from Fort Pierce Utilities Authority (the "FPUA"); and -1- WHEREAS, on October 17, 2006 pursuant to Chapter 1-13.5 of the Code and Chapter 125 and Section 197.3632, Florida Statutes, the Board held a duly noticed and advertised second public hearing to consider propriety and advisability of the Project and to act as an equalizing board to consider the comments of affected land owners and other interested persons concerning the preliminary assessment roll for the Indian River Estates MSBU, proof of publication of the public hearing is attached as Exhibit "A"; and WHEREAS, the boundaries of the Indian River Estates MSBU have been amended to exclude certain parcels that will no longer receive a direct benefit from the Project; and WHEREAS, after considering the comments of all interested persons, the Board has determined that the special assessments as set forth on the preliminary assessment roll for the Indian River Estates MSBU, are just and equitable. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: The amended boundaries of the Indian River Estates MSBU which include the real property to be specially assessed to fund the cost of the Project is hereby approved as shown on the attached Exhibit "C". Section 2: The Project to be funded by a non-ad valorem special assessment levied by the Indian River Estates MSBU is to provide potable water improvements to properties within the Indian River Estates MSBU in unincorporated St. Lucie County, Florida. Section 3: The method of assessment for the potable water improvements shall be based on the equivalent residential connection method of assessment such that each property within the Indian River Estates MSBU shall share equally in the cost of the potable water improvements and that the amount of the assessment does not exceed the benefit to the properties derived from the improvements. Section 4: The preliminary assessment roll which is on file with the Clerk and incorporated herein by reference, is hereby approved and confirmed and shall stand as a lien against the benefited properties until satisfied. The preliminary assessment roll shall be delivered to the Tax Collector and be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as (Exhibit "B") for the Indian River Estates MSBU. Section 5: A non-ad valorem special assessment (the "Special Assessment") in the total estimated amount of $32,739,660.80 which includes interest, tax collector fees and -2- allowances for early payment discount, to fund the Project as shown on the plans and specifications prepared by the County is hereby levied on the real property within the Indian River Estates MsBU (Exhibit "C") in the amounts set forth on the preliminary assessment roll. Section 6: The Special Assessment shall be collected by the uniform method of collection pursuant to Sections 197.3632 and 197.3635, Florida Statutes, as authorized by Chapter 1-13.5 of the Code beginning in November 2007 for a period of twenty (20) years. Section 7: The County Engineer is authorized to continue with the Project. Section 8: Upon the completion of Project, the County Engineer shall report the actual cost to the Board, and the Board shall confirm a final assessment roll with such adjustments as may be necessary in accordance with the provisions of Chapter 1-13.5 of the Code. THE NEXT PAGE IS THE SIGNATURE PAGE -3- Section 9. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chair Doug Coward Aye Vice Chairman Chris Craft Aye Commissioner Frannie Hutchinson Aye Commissioner Paula Lewis Aye Commissioner Joseph Smith Aye ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA -4- EXHIBIT "A" PROOF OF PUBLICATION -5- EXHIBIT A SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 ,Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION SCRIPPS HOWARD STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appearl;ld, S, Darlene Broeg, 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. Ad Pub Customer Number Date Copvline PO# ST. LUCIE COUNTY SOCC 1479355 9/26/2006 NOTICE OF PUBLIC OCT. 17 HEARING ST. LUCIE COUNTY SOCC 10/10/2006 Subscribed and sworn to me before this date: October 10, 2006 .s.~ö.t~~ ~ ~ \ f ___J )l/¡OÌ4 (~~ . Notary Public .."~~~~I~::;,,,.. MAR~_T." BYRNE l"'œ'''''-.. Notary Pl@~l~¡¡e of Florida ~. * * . ~My Commission Expires Aug 2, 2010 -o,j~ ol'.:'$- Commission # DD 544327 "1 OFf\': ," B ,,,,,,,.., onded By National Notary Assn. . 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 COUNTY, FLORIDA (THE "BOARD"), will hold a SECOND PUBLIC HEARING to consider the levy of special assessments on properties within the INDIAN RIVER ESTATES MUNICIPAL SERVICES BENEFIT UNIT to fund the cos of a project to provide potable water to Indian River Estates. The matter will be considered at the .Board's regular meeting on Tuesday, the 17th day of Octo ber 2006, at 6:00 p.m. or soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie County Administratior Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida 34982, The properties within the Indian River Estates Municipal Services Benefit Uni are indicated on the map below: , '-* ,", 7'«0 l Indian River Estates MSBU --.J . r" --=T~-~ ,,_UISOWAYRI> . 1""""... ~'l., . _Iàt / -' ~~-- T\ ! I ... ._~--, , I t---~ i" '^' ¡ -~--I=:: I .. t: ¡ . ¡ (-- 11 F~~: ¡-----" r-"- ..----ª= The project costs for the potable water system would be funded by a non-ad valorem special assessment levied on properties within the Indian River Estate Municipal Services Benefit Unit. The assessment will be collected by the St. Lucie County Tax Collector beginning in November 2007, in twenty (201 annua installments plus interest and cost of collection (subject to certain rights of prepayment). EXHIBIT "B" CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I, the Undersigned, HEREBY CERTIFY that I am 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 to provide potable water improvements to properties within the boundaries of the Indian River Estates Municipal Services Benefit Unit (the lithe Indian River Estates MSBU Preliminary 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 therei'n have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the attachment of same to the herein described Non- Ad Valorem Assessment Roll as a part thereof, will be delivered to the S1. Lucie County Tax Collector. 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 18th day of October, 2006. ST. LUCIE COUNTY, FLORIDA BY:V~~ Daniel T. Anderson, P.E., BCEE Camp Dresser & McKee Inc. EXHIBIT "C" BOUNDARIES 9: /..""~ C;"u7~' GIS ~Zc':-:,", Indian River Estates MSBU - SLCU Potable Water I Fire Protection Map prepared on October 4, 2006 Oaf) o 365 730 - - N A 1,460 2,190 2,920 Feet :I 'I cr¡ ~ CTI :š ì WI ¡-~~.,,~- I: ~I NI ! ........ __"., _ _ ·_xq._..·,_" .._.__""".~."<.._,,,_.~ _._...L__...__..~.._..~.,,,':' CJ) (l: ì fß <3 I cr w ..."'-...-.. --~ ! ---,. J- ¡--~'1 '. '. 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