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Home My WebLink About09-0484 RESOLUTION NO. 09-048 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COVNTY, FLORIDA; ~ETERMINING THAT THE PROP05E~ SPECIAL ASSESSMENTS FOR THE SUNLAND 6ARDENS PHASE II MUNICIPAL SERVICES BENEFIT UNIT TO FUN~ THE COST OF A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO PROPERTIES WITHIN THE SUNLAND GARDENS PHASE II MUNICIPAL SERVICES BENEFIT UNIT ARE JUST AN~ RI6HT; APPROVIN6 AN~ CONFIRMIN6 THE PRELIMINARY ASSESSMENT ROLL BASED ON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; LEVYING A NON-AO' VALOREM SPECIAL ASSESSMENT ON THE REAL PROPERTY WITHIN THE SUNLAN~ 6AR~ENS PHASE II MUNICIPAL SERVICES BENEFIT UNIT BASED ON THE APPROVED ROLL; APPROVING THE AMEN~ED SUNLAND GAR~ENS PHASE II MUNICIPAL SERVICES BENEFIT UNIT BOVN~ARY; AVTHORIZING COLLECTION OF THE SPECIAL ASSESSMENT BY THE UNIFORM METHOD OF COLLECTION; AVTHORIZING THE COVNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECIZVE DATE WHEREAS, on February 1, 2005, 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 "Board") adopted Resolution No. 05-046 which created the Sunland Gar; dens Phase II Municipal Services Benefit Unit (the "Sunland Gardens Phase II MSBU") to le'vy non-ad valorem special assessments based on the equivalent residential connection method 'of assessment to fund the cost of a pro ject to provide potable water improvements to properties within the boundaries of the Sunland Gardens Phase II MSBU in unincorporated St. Lucie County, Florida (the "Pro ject") and authorized the St. Lucie County Director of Engineering (the "County Engineer") to proceed with the Pro ject pursuant to the procedures set forth in', Section 1-13.5 of the Code ; and WHEREAS, on December 9, 2008, pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. ~I,08-363 which stated the Board's intent to use the uniform method of collecting the Special Assessments levied by the Sunland Gardens Phase II MSBU; and Page 1 of 7 WHEREAS, on March 3, 2009, 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 heQring to consider propriety and advisability of the Pro ject 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 Sunland Gardens Phase II MSBU, proof of publication of the public hearing is attached as Exhibit "A"; and WHEREAS, the boundaries of the Sunland Gardens Phase II MSBU have been amended to exclude certain parcels that will no longer receive a direct benefit from the Pro ject; 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 Sunland Gardens Phase II 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 Sunland Gardens Phase II 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 Pro ject to be funded by a non-ad valorem special assessment levied by the Sunland Gardens Phase II MSBU is to provide potable water improvements to properties within the Sunland Gardens Phase II MSBU in unincorporated St. Lucie County, Florida. Section 3: The method of assessment for the potable wuter improvements shall be based on the equivalent residential connection method of assessment such that each property within the Sunland Gardens Phase II MSBU shall share equQlly in the cost of the potable water improvements and thut 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 und shull stand as Q 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 Vatlorem Assessment Roll in substantially the form attached hereto as (Exhibit "B") for the Sunland Page 2 of 7 Gardens Phase II MSBU. Section 5: A non-ad valorem special assessment (the "Special Assessment") in the total estimated amount of $3,779,091.44 which includes interest, tax collector fees and allowances for eurly payment discount, to fund the Pro ject as shown on the plans and specifications prepared by the County is hereby levied on the real property within the Sunland Gardens Phase II 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 2009 for a period of twenty (20) years. Section 7: The County Engineer is authorized to continue with the Pro ject. Section 8: Upon the completion of Pro ject, the County Engineer shall report the actual cost to the Board, and the Board shall confirm a final assessment roll with such ad justments as may be necessary in accordance with the provisions of Chapter 1-13.5 of the Code. THE NEXT PAGE IS THE SIGNATURE PAGE Page 3 of 7 Section 9. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chair Paula A. Lewis Aye Vice Chairman Charles Grande Aye Commissioner poug Coward Aye Commissioner Chris Craft Aye Commissioner Chris Dzadovsky Aye PASSED AND DULY A~OPTED this 3"d Day of March, 2009. ATTEST: • Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COVNTY, FLORIDA r Y Ch ' APPROVE~ AS TO FORM AND CORRECTNE55: s'1 Page 4 of 7 EXHIBIT "A" PROOF OF PV6LICA'TZON BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY G1VEN THAT THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (THE "BOARD"), will hoid a SECOND PUBWC HEAR- ING to conaider the levy of specisl assessments on properties within the SUN- LAND GARDENS PHASE II MUNICIPAL SERVICES BENEFIT UNIT tofiund the cost of a project to provide potable water to the Suniand Gardens Area: The matter will be considered at the Board's regulsr meeting on Tuesday, the 17th day of Feb- ruary 2009, 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 Administration Build- ing Annex, Third F{oor, 2300 Virginia Avenue, Fort Pierce, Fionda 349B2. The propenies within the Suniand Gardens Phase II Municipal Services Benefit Unit ~ are i~dicatad on the map beiow: ~ :-r ~~...y"~ Sunisnd Gardens Phsse 2 MSBU-FPUA _,~ . . . ,_ Potable YYater / Fire ProtecGon , The project costs for the potable water system woutd be funded bY a non-ad vabr- ', em spec~al assassment levied on properties within the Sunland Gardens Phase 11 Mu~icipal Services Benefit Unit. Tfie assessment will be co{lected by the SL Lucie County Tax Collector beginning in November, 2009, in twenty (20) annuai i~stalt- ments plus ~nterest a~d cost of co{leation (subject to certain rights of prepayment). All affected perso~s have the ri9ht to appesr and be fieard at the above PUBUC HEARING and have the right to file with the County Engineer, within twenty (20) I days of the date hereof, writtert objections as to the proprietary and advisabHity of the project, as to the cost thereof, as to the mannar of paymant thereof, and as to , the amount thereof to be specially assessed a9ainst each parcel of property bene- fited thereby. Written comments received in advance of the public hearing wili be , heard. Amendments to the municipat services 6enefit unit may be made ac the pubiic hearing. THIS NOTICE EXECUTED AND DATED THIS 27TH DAY OF JANUARY, 2009. Publish: January 27, February 10, 2009 1961702 Page 5 of 7 EXHIBIT "B" 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 to provide potable water improvements to properties within the boundaries of the Sunland Gardens Phase II Municipal Services benefit Unit (the "the Sunland Gardens Phase I I 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 therein have been made pursuant to law. I FU-RTHER 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 October 18, 2009. 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 ~ day of rn~,~~_, 2009. ST. LUCIE COUNTY, FLORIDA By:`~~Cvt.G~ .Cy ( ,~ o~ Barbara Guettler MSBU Assistant Page 6 of 7 ~ / \~n~~~ ~ ,\ ~ EXHIBIT "C" --- - .-- -- ~ ~ _ ; _-_ ` ~: _ME7I R-RO I _ . , _. I _ ~ i I i . I I --- I - - - Page 7 of 7 ..-' I"".'.:.... F~_.'- at ~ ~rf- ~~' I Z~`=`~: „ ~: I II._..~... I-_. ~.. _, I._..__. , I , ,_...._...- I ~ . iI !I I I ~ .-~ ..-.- ;-., , _ _~ 4 :_~ i ~ . ~ ~ ' i ~ I I I ; ~. ~ ~ _~ . ~ ~; ~: ~ ~ ~~ ; ~ _~ I~ ~~ ; ~~ li ; ~i ; ' -- ~ MAP OF MSBU $~-.~ G~$`~",.,~ Sunland Gardens Phase 2 MSBU-FPUA ,, ~;, ~~ ~~~'~ Potable Water / Fire Protection Nn~cmtar7i!OP., . . . . ~