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RESOLUTION NO. 10-113
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A RESOLUTION TO BE KNOWN AS THE ST. LUCIE
l ~ l~i~ c~~ COUNTY TVC MUNICIPAL SERVICE TAXING UNTT
~'~'~'Qt~ RESOLUTION; PROVIDING DEFINITIONS AND
FINDINGS: CREATING THE TVC MUNICIPAL SERVICE
TAXING UNIT: AUTHORIZING SUCH UNIT TO ANNUALLY
LEVY AD VALOREM TAXES AND NON-AD VALOREM
ASSESSMENTS; AUTHORIZING OTHER GENERAL POWERS
OF SUCH UNIT; DECLARING THE EXCLUSION FROM THE
ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida, that:
ARTICLE I
INTRODUCTION
Section 1.01. Definitions. When used in this Resolution, the following terms shall have the
following meanings, unless the context clearly requires otherwise;
"6onrd" shall mean the Board of County Commissioners of St. Lucie County, Florida.
"County" shall mean St. Lucie County, a political subdivision of the State of Florida.
"Essential Facilities" shall mean public or municipal facilities and services including but
not limited to roads, streets, sidewalks, parking facilities, all other forms of transportation
facilities including bike paths and mass transit, water control and management facilities
including flood control, drainage, and all related surface water facilities, potable water supply,
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wastewater facilities including reclamation and reuse projects, and open space and
recreational facilities defined in Section 125.01(1)(q).
"TVC" shall mean "Towns, Villages and Countryside"
"TVC nren" shall mean the property described in the Appendix.
"Unit" shall mean the TVC Municipal Service Taxing Unitas created by Section 2.01.
Section 1.02. Findings. It is hereby ascertained, determined and declared that:
A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections
125.01 and 125.66, Florida Statutes, the Board has all the powers of local self-government
to perform county functions and to render services in a manner not inconsistent with general
law and such power may be exercised by the enactment of county ordinances.
B. Section 125.01(1)(q), Florida Statutes, provides legislative authorization for
counties to establish a municipal service taxing unit for any part or all of the unincorporated
areas within its boundaries within which may be provided essential facilities and municipal
services.
C. The purpose of this resolution is to create the TVC Municipal Service Taxing
Unit for the purpose of providing for the construction, maintenance and operation of
essential facilities and municipal services to residents within the TVC area. The Board
determines that the creation of this municipal service taxing unit will be of benefit to the
real and personal property within the unit. The Board shall determine each year the
estimated cost of providing such services for the ensuing County fiscal year within the
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boundaries of the unit. The unit will serve as a financing mechanism to assist in the
construction, maintenance, and operations of essential facilities under the unit. Funding from
new development in the form of developer contributions such as impact fees, proportionate
fair share contributions and other developer agreements will serve as the primary sources
of revenue to construct essential facilities.
D. The Board hereby determines that the provision of facilities within the TVC
area is an essential municipal service within the meaning of Article VII, Section 9 of the
Florida Constitution and Section 125.01(1)(q), Florida Statutes.
ARTICLE II
TVC MUNICIPAL SERVICE TAXING UNIT
Section 2.01. Creation. There is hereby created the TVC Municipal Service Taxing Unit
pursuant to Section 125.01(1)(q), Florida Statutes. The boundaries of the Unit shall include
the TVC area as indicated in the boundaries set forth and described in the Appendix,
attached hereto and incorporated herein by reference. The purpose of the Unit is to provide
for the construction, maintenance and operation of essential facilities within the Unitas set
out in Section 1.02C of this Resolution. The Board of County Commissioners shall be the
governing board of the Unit. The Board may establish sub-units as authorized by Inw.
Section 2.02. Governing Board Powers. The Governing Board shall have the power to:
A. Levy annually an ad valorem tax as authorized by Section 125.01(1)(q) Florida
Statutes upon taxable real and personal property for the provision of and operation of
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essential facilities and municipal services within the Unit in the same manner as other county
ad valorem taxes are levied;
B. Levy non-ad valorem assessments as defined in Section 197.3632 Florida
Statutes for the purpose of planning, construction and maintenance of essential facilities and
services.
C. Adopt a budget for the Unit to implement construction, maintenance, and
operations of essential services at the same time and in the same manner as the Board
prepares and adopts its annual county budget and levies ad valorem taxes or non-ad valorem
assessments as provided by law. Additional funding sources such as Development
Agreements, federal, state, or local funds, and impact fees dedicated for essential facilities
within the unit will also be considered as part of the annual adoption process;
D. Maintain a separate account from the funds obtained from the levy of any
taxes or assessments. Those funds obtained from the levy of the ad valorem taxes or
assessments shall be used solely for the purpose of providing and operating essential
facilities and services within the boundaries of the Unit, including but not limited to land
acquisition, planning, facility construction, equipment, and other costs;
E. Appropriate and expend revenue of the Unit;
F. Borrow money and issue bonds and other evidences of indebtedness to fund
essential facilities and the operation of the Unit to the extent permitted by law.
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G. Contract to receive and expend money, to sue and be sued, and generally to
perform all other acts necessary or incidental to the powers and duties granted by this
resolution.
ARTICLE III
MISCELLANEOUS PROVISIONS
Section 3.01. Declaration of exclusion from Administrative Procedures Act. Nothing
contained in this resolution shall be construed or interpreted to include the Unit in the
definition of agency contained in Section 120.52, Florida Statutes, or to otherwise subject
the Unit to the application of the Administrative Procedures Act, Chapter 120, Florida
Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a
result of or pursuant to this resolution.
Section 3.02. Severability. If any clause, section or provision of this resolution shall be
declared unconstitutional or invalid for any reason or cause, the remaining portion of said
resolution shall be in full force and effect and be valid as if such invalid portion thereof had
not been incorporated herein.
Section 3.03. Effective date. This Resolution shall take effect upon adoption.
After motion and second, the vote on this resolution was as follows:
Chairman Charles Grande AYE
Vice Chairman Doug Coward AYE
Commissioner Chris Dzadovsky AYE
Commissioner Paula A. Lewis AYE
Commissioner Chris Craft AYE
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PASSED AND DULY ADOPTED this 1st day of June 2010.
BOARD OF COUN~fY COMMISSIONERS
ST. LUCIE COUN~TY,~ FLORIDA
BY:
Chai
APPROVED AS TO FORM AND
BY:
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APPENDIX
TOWNS, VILLAGES, COUNTRY
BOUNDARY
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTIONS 3, 4, 5, 8, 9,10,17,19, 20, 21, 22, 23, 26, 27, 28,
29, 30, 32, 33, 34, 35, AND 36, T-34-S, R-39-E, ST. LUCIE COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE N.W. CORNER OF SECTION 5, T-34-S, R-39-E; THENCE SOUTH ALONG
THE WEST LINE OF SECTIONS 5, 8, AND 17, T-34-S, R-39-E TO THE S.W. CORNER OF
THE N.W.1/4 OF SECTION 17, T-34-S, R-39E; THENCE WEST ALONG THE SOUTH LINE
OF THE N.E. 4 OF SECTION 18 T-34-S, R-39-E 1356.54' TO A POINT; THENCE SOUTH
76.00' TO A POINT; THENCE WEST 1356.70' TO THE WEST LINE OF THE S.E.1/4 OF
SECTION 18, T-34-S, R-39-E; THENCE SOUTH 456.63' TO A POINT; THENCE
SOUTHWESTERLY 182.60' MORE OR LESS TO A POINT ON THE CENTERLINE OF THE
FORT PIERCE FARMS WATER CONTROL DISTRICT DIKE AS REFERENCED WITHIN ORB
287 AT PAGE 1830 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE
ALONG SAID CENTERLINE THE FOLLOWING FOUR (4) CALLS;
1. THENCE SOUTH 1980.10' TO A POINT ON THE SOUTH LINE OF SECTION
18, T-34-S, R-39-E;
2. THENCE SOUTH 2697.26' MORE OR LESS TO A POINT ON THE SOUTH
LINE OF THE N.W. 4 SECTION LINE OF SECTION 19, T-34-S, R-39-E;
3. THENCE SOUTHEAST 886.31' MORE OR LESS TO A POINT;
4. THENCE SOUTH 1946.51' TO A POINT ON THE SOUTH LINE OF SECTION
19, T-34-S, R-39-E;
THENCE RUN WEST DEPARTING SAID CENTERLINE A DISTANCE OF 58' MORE OR LESS
TO THE N.W. CORNER OF THE EAST 2 OF SECTION 30, T-34-S, R-39-E; THENCE SOUTH
ALONG THE WEST LINE OF SAID SECTION 30 TO THE NORTH RIGHT-OF-WAY LINE
OF SUNSHINE STATE PARKWAY; THENCE EAST AND SOUTH EAST ALONG THE NORTH
RIGHT-OF-WAY LINE OF SUNSHINE STATE PARKWAY TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT CANAL
C-25; THENCE EAST ON THE NORTH RIGHT-OF-WAY LINE OF SAID C-25 CANAL TO A
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POINT ALONG THE WEST RIGHT-OF-WAY LINE OF KEEN ROAD; THENCE NORTH
ALONG THE WEST RIGHT-OF-WAY LINE OF KEEN ROAD TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF ST. LUCIE BOULEVARD; THENCE WEST ALONG THE SOUTH
RIGHT-OF-WAY LINE OF ST. LUCIE BOULEVARD TO A POINT ON THE EAST RIGHT-OF-
WAY LINE OF KINGS HIGHWAY; THENCE NORTH ALONG THE EAST RIGHT-OF-WAY
LINE OF KINGS HIGHWAY TO A POINT ON THE NORTH LINE OF THE S.W.1/4 OF
SECTION 25, T-34-S,R-39-E; THENCE WEST ALONG SAID NORTH LINE OFTHE S.W.1/4
OF SECTION 25 TO THE S.W. CORNER OF THE EAST 2 OF THE N.E. 4 OF SECTION 26,
T-34-S, R-39-E; THENCE RUN NORTH ALONG THE WEST LINE OF THE EAST 2 OF THE
NE 4 OF SECTION 26, T-34-S,R-39-E TO A POINT ON THE SOUTH LINE OF SECTION
14, T-34-S, R-39-E; THENCE EAST ALONG THE SOUTH LINE OF SECTIONS 14 AND 13,
T-34-S, R-39-E TO THE S.E.CORNER OF THE S.W. 4 OF THE S.W. 4 OF SECTION 13, T-
34-5, R-39-E; THENCE NORTH ALONG THE EAST LINE OF THE S. W.1/4 OF THE S.W.1/4
OF SECTION 13, T-34-S, R-39-E TO THE N.E. CORNER OF SAID S. W.1/4 OF THE S.W.1/4;
THENCE EAST TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF TAYLOR DAIRY
ROAD; THENCE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF TAYLOR DAIRY
ROAD TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF INDRIO ROAD; THENCE
WEST ON THE SOUTH RIGHT-OF-WAY LINE OF INDRIO ROAD TO A POINT ON THE
WEST LINE OF SECTION 14, T-34-S, R-39-E; THENCE NORTH ALONG THE WEST LINE
OF SECTIONS 14,11, AND 2, T-34-S, R-39-E TO THEN. W. CORNER OF SECTION 2, T-34-
S, R-39-E; THENCE WEST ALONG THE NORTH LINE OF SECTIONS 3, 4, AND 5, T-34-S,
R-39-E TO THE N.W.CORNER OF SECTION 5, T-34-S, R-39-E AND THE POINT OF
BEGINNING.
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