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Home My WebLink About07-356 RESOLUTION NO. 07 - 356 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED RAINBOW DRIVE 1 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Rainbow Drive 1 Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Rainbow Drive 1 MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2008, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 11, 2007, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". 1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2008-2009 Fiscal Year and with the tax statement mailed for the 2008-2009 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the proposed Rainbow Drive 1 MSBU to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Rainbow Drive 1 MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. 2 After motion and second, the vote on this Resolution was as follows: Chairman Joseph Smith Paula Lewis Vice Chairman Commissioner Chris Craft Commissioner Doug Coward Charles Grande Commissioner AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 11th day of December, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 0JL' ¿#1. By' ^-.. Chairman 3 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 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. Customer Ad Number Pub Date Copvline PO# 8T LUCIE COUNTY BOCC 11/13/2007 NOTICE OF INTENT RAINBOW DRIVE1 1740231 8T LUCIE COUNTY BOCC 11/20/2007 8T LUCIE COUNTY BOCC 11/27/2007 8T LUCIE COUNTY BOCC 12/4/2007 Subscribed and sworn to me before this date: December 04, 2007 cS: 2Y4JLt1~# Notary !íf{Y T. BYRNE \\\HIII" . œ'~ Y"I!i!:'" Notary Public - State of Florida ~ ~":. f. . ¡My Commission Expires Aug 2, 2010 \~ § Con\mlSSiOIl # DO 544327 ";~:f,Jcr..r,¡~ Bonded By National Notary Assn. NOTICE OF INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS AND NOTICE OF PUBLIC HEARING The Board of County Commissioners of St. Lucie County, Florida (the "Board") hereby provides notice, pursu- ant to Section 197.3632, Florida Statutes, of its intent to use the uniform method of collecting non-ad valorem special assessments to provide potable waterlfire pro- tection improvements to the proposed Rainbow Drive 1 MSBU within un- incorporated 51. Lucie County commencing County Fiscal Year 2008- 2009. The Board will consider the adoption of a resolution stating its intent to use the uniform method of collecting such assessments au- thorized by Section 197.3632, Florida Stat- utes, at a public hearing to be held at 9:00 a.m., Tuesday, December 11, 2007, at 51. lucie County Administration Annex, Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida 34982. Such resolution will state the need. for i the levy and will contain a legal description of the boundaries of the real property subject to the levy. Copies of the pro- posed form of resolu- tion, which contains the legal description of the real property subject to the levy, are on file at the office of the County Attorney of St. lucie County. Florida, 2300 Virginia Avenue, Fort Pierce, Florida. All inter- ested persons are in- vited to attend. In the event any person decides to appeal any decision by the Board of County Commissioners with respect to any mat- ter relating to the con- sideration of the resolu- tion at the above refer- enced public hearing, a record of the proceeding may be needed and in such an event, such per- son may need to ensure that a verbatim record of the public hearing is made, which record in- cludes the testimony and evidence on which the appeal is to be based. DATED this 13th Day of November, 2007. By Order of: Clerk of the Circuit Court, Ex Officio Clerk of the Board of County Commissioners of 51. Lucie County, Florida Pub: November 13, 20, 27, December 4, 2007 EXHIBIT B DESCRIPTION: RAINBOW DRIVE 1 MSBU A PARCEL OF LAND lYING IN SECTION 5, T-36-S, R-40-E, S1. lUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: All THAT PART OF THE UNRECORDED DANIELS SUBDIVISION; SAID SUBDIVISION BEING BOUNDED ON THE WEST BY THE EAST LINE OF lOT 109, WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 23 OF THE PUBLIC RECORDS OF S1. lUCIE COUNTY, FLORIDA; AND BOUNDED ON THE EAST BY THE WEST RIGHT OF WAY LINE OF S1. JAMES DRIVE AS NOW LAID OUT AND IN USE; AND BOUNDED ON THE SOUTH BY THE NORTH LINE OF THE SOUTH 268' FEET OF THE NE ~ OF THE SE ~ OF SECTION 5, T-36-S, R-40-E; AND BOUNDED ON THE NORTH BY THE FOllOWING DESCRIBED AGREED LINE AS RECORDED IN ORB 232 AT PAGE 237 OF THE PUBLIC RECORDS OF S1. lUCIE COUNTY, FLORIDA, " STARTING AT A POINT 654.4 FEET NORTH (AS MEASURED ALONG THE EAST LINE OF SECTION 5) AND 25 FEET WEST OF THE SOUTHEAST CORNER OF THE NE ~ OF THE SE ~ OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST (POINT OF BEGINNING) RUN THENCE WESTERLY ON A BEARING SOUTH 89 54' 40" WEST A DISTANCE OF 1294.75 FEET TO A POINT (TERMINUS)". lESS AND EXCEPT THE FOllOWING PARCEL OF LAND DESCRIBED IN ORB 2084 AT PAGE 1320 OF THE PUBLIC RECORDS OF S1. lUCIE COUNTY, FLORIDA; "BEGIN AT THE SOUTHEAST CORNERT OF THE NORTH 375 FEET OF THE SOUTH ONE-HALF OF THE NE ~ OF THE SE ~ OF SECTION 5, T-36-S, R-40- E, THENCE RUN WSET 25 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREINAFTER DESCRIBED: THENCE CONTINUE WEST 125 FEET; THENCE NORTH 121 FEET; THENCE RUN EAST 125 FEET TO THE WEST LINE OF HAWLEY ROAD; THENCE TURN AND RUN SOUTH ALONG SAID WEST LINE 121 FEET TO THE POINT OF BEGINNING. (BEING lOT 1 OF DANIELS UNRECORDED SUBDIVISION)". AND; lESS AND ACCEPT THE FOllOWING PARCEL OF LAND AS DESCRIBED IN ORB 1419 AT PAGES 1919-1921; "THE EAST 180 FEET OF THE FOllOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHEAST CORNER OF THE NORTH 375 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 5, T-36-S, RE-40-E, RUN WEST 35 FEET TO THE POINT OF BEGINNING; 5 FROM SAID POINT OF BEGINNING, CONTINUE WEST 358.4 FEET TO A POINT; THENCE TURN AND RUN NORTH 204 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPTING THE NORTHERN MOST 8.45 FEET THEREOF, RELEASED AND CONVEYEDGUIDO MESITO AND ANTOINETTE MESITO, HIS WIFE AND OTHERS, TO ESTABLISH THE NORTHERN MOST BOUNDARY HEREOF AS SET FORTH IN INSTRUMENT RECORDED IN ORB 232, PAGE235, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA". 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