HomeMy WebLinkAbout10-174RESOLUTION NO. 10-174
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF
STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES
IN THE HOLIDAY PINES STREET LIGHTING DISTRICT AND THE
FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD
VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING
COUNTY RESOLUTION NO. 82-118; DETERMINING THAT CERTAIN
REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE
STREET LIGHTING SERVICES; APPROVING THE METHOD OF
ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL
PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE
ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF
TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article VI,
Chapter 1-17 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 82-
118, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law.
SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as
defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the
meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular
number, include the plural number, and vice versa.
SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows:
(A) On August 24, 1982, the Board of County Commissioners (the "Board") of St. Lucie
County, Florida (the "County") adopted Resolution No. 82-118 which established the Holiday Pines Street
Lighting District (the "District") as a special improvement service district and provided for the imposition of
special assessments to fund the cost of providing street lighting services, improvements and facilities
therein. A map describing the boundary of the District is attached hereto as Appendix A.
(B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which
special assessments are imposed within special improvement service districts for purposes of funding
street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution
each Fiscal Year approving the Assessment Roll for the District.
(C) The Ordinance further provides that in the event the Board desires to implement an
alternative apportionment methodology for allocating the cost of Street Lighting Services among the
Holiday Pines Street Lighting District
Annual Assessment Resolution
parcels of real property specially benefited thereby, the Board shall provide notice and conduct a public
hearing prior to adoption of the Annual Assessment Resolution.
(D) As required by the terms of the Ordinance, notice of a public hearing has been published
and mailed to each property owner proposed to be assessed notifying such property owner of the
opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as
Appendices B and C respectively.
(E) The Assessment Roll for Fiscal Year 2010-11 has heretofore been filed and made
available for public inspection at the offices of the Assessment Coordinator.
(F) A public hearing has been duly held and comments and objections of all interested
persons have been heard and considered as required by law.
(G) The parcels of real property located within the District and described in the Assessment
Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street
Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and
recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of
affected parcels.
(H) The special benefits derived from the Street Lighting Services programs contemplated
herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The
Assessment for any parcel of property within the District does not exceed the proportional benefits that
such parcel will receive compared to any other parcel therein subject to the Assessment.
(I) The apportionment methodology approved herein bears a reasonable relationship to the
cost of providing Street Lighting Services and is hereby approved.
(J) The Assessments to be imposed in accordance with this Resolution provide an equitable
method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of
providing such services among specially benefited property
SECTION 4. APPORTIONMENT METHODOLOGY.
(A) The following apportionment methodology was utilized in preparing the Fiscal Year 2010-
11 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street
Lighting Services among the parcels of real property described therein:
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Holiday Pines Street Lighting District
Annual Assessment Resolution
(1) The District is substantially composed of similarly-sized single family residential parcels.
Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for
purposes of allocating the cost of providing the Street Lighting Services therein.
(2) Individual multifamily units within the District are specially benefltted by Street Lighting
Services in the same manner and to substantially the same extent as single family residential parcels,
such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily
units shall be assigned one EDU per multifamily unit.
(3) The amount of the Assessment per EDU shall be calculated by dividing the total
estimated cost of providing the Street Lighting Service by the number of EDUs in the District.
(4) As of the date hereof, there are 600 EDUs located within the District.
(5) For the Fiscal Year beginning October 1, 2010, the estimated cost of providing Street
Lighting Services in the District is $18,462.00. Such estimated cost includes a component to fund or
otherwise reimburse the County for costs incurred in administering and maintaining the Assessment
program as authorized by Section 1-17-82 of the Ordinance.
(6) The maximum amount of the Assessments to be assessed and apportioned among the
parcels of real property within the District is hereby established in the amount of $30.77 per EDU for the
Fiscal Year 2010-11.
(B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of
living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed
10% of the amount approved hereunder, or a total annual Assessment of $33.85, without requiring
additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as
authorized by Section 1-17-79 of the Ordinance.
(C) The apportionment methodology approved herein shall be utilized in preparing the
Assessment Roll for the District for subsequent Fiscal Years.
SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND
RESOLUTION NO. 82-118. The legal description of the boundary of the District as set forth in
Resolution No. 82-118, including any amendment thereto, is hereby ratified, confirmed and
3
Holiday Pines Street Lighting District
Annual Assessment Resolution
incorporated herein by reference. Except as otherwise modified herein, Resolution No. 82-118 is
hereby ratified and confirmed.
SECTION 6. IMPOSITION OF ASSESSMENTS.
(A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll
are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal
Year beginning October 1, 2010.
(B) Assessments shall constitute a lien upon the parcels of real property subject thereto
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.
SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with
the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment
Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to
the Uniform Assessment Collection Act as provided in Section 1-17-81 of the Ordinance. The Board has
previously adopted its Resolution No. 09-337 expressing its intent to collect non-ad valorem assessments
pursuant to the Uniform Assessment Collection Act. Such resolution constitutes the Resolution of Intent
required 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 D.
SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant
to the Uniform Assessment Collection Act as provided for in Section 1-17-81 of the Ordinance.
SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution
shall be the final adjudication of the issues presented herein (including, but not limited to, the special
benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology
by which the Assessments are calculated, the Assessment Roll and the levy and lien of the
Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief
within twenty (20) days from the adoption date hereof.
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Holiday Pines Street Lighting District
Annual Assessment Resolution
SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be
held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part
shall be considered as eliminated and in no way affection the validity of the other provisions of this
resolution.
SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect
immediately upon its passage and adoption.
DULY ADOPTED this 20th day of July, 2010.
BOARD OF COUNTY OMMISSI~ONERS OF ST. LUCIE
COUNTY, FLORIDA
By:
Chairman
5
Holiday Pines Street Lighting District
Annual Assessment Resolution
APPENDIX A
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APPENDIX B
PROOF OF PUBLICATION
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SCRIPPS TREASURE COAST
NEWSPAPERS
St. Lucie News-Tribune
600 Edw4rds Road, Ft Pierce, FL 34982
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Before the undersigned authority personally appeared, S. DarleneBroeg, who on oath says that she is Classfied Inside Sales
Manager of the St. Lucie News-Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the
attached copy of advertisement was publshed in the St. Lucie News-Tribune in the following issues below. Affiant further says
that the said St Lucie News-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 St. Lucie News-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
ST LUCIE COUNTY
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2162378 6/28/2010 REVISED NOTICE PUBLIC HEARIif~iIDAY PINES
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June 28, 2010
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C COURT FOR death was May 11, THE TIME OF THE NOTWITHSTANDING 34951 2162531
V, ST. LUgE COUNTY, 2010, is Mnding in Me FIRST PUBLICATION THE TIME PERIODS
~ FLORIDA Circuit Court for St. OF THIS NOTICE OR SET FORTH ABOVE, Bru« R. Absmethy, Jr.
PROBATE ONISION Lude County, Florida, 30 DAYS AFTER THE ANY CLAIM FILED Attorney for Barbara M. 711tn!'s MIISICM
C FiN No.: Probate Division, Ms DATE OF SERVICE TWO 121 YEARS OR Pandolph gastMkfd
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O 201 S. Indian River NOTICE ON THEM. DECEDENT'S DATE 0357251 Raab alrytliq
IA IN RE: ESTATE OF Drive, Fort Piarca, FL All other creditor of 0 F DEATH I S 500 Virginia Arenw, hOSla pings
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` PAN DOLPM, JR. erM addrsaaa of tM er persons having The data of first Fon Pisrns, Florida
3 ALSO KNOWN AS personal rsDresenta- claims or demands rreawre COast
publication of Mis no- 34982
Q• DONALD A. PAN- clue arW tM psnonal against deudenys es- tics is June 28. 2010. Telephone: (7721489 OlassMetl
DOLPH reproxntadve's anw- rate must file their 4801
Deceased. nay are set forth br claims wiM Mis coup Pnsonal Fix: 17721 4894.902
~ NOTICE TO bw. WITHIN 3 MONTHS Repreanbtiva:
O LREDHORS All creditor of the AFTER THE DATE Barbare M. Pandolph Publish: Jura 28, Jug
decedent and other OF THE FIRST PUB- 8005 Penny Lane
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HE •••REVISED•••••
tour ROBA7E BEFORE THE BOARD OF COUNTY COMMISSIONERS
C LATER 0 F 3 WILL 8E FOR- ST. LUCIE COUNTY, FLORIDA
LO NOTICE OF PUBLIC HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION OF
C NON AD VALOREM ASSESSMENTS IN THE
` ~ N01~EOFr~7YFe~N0~~E 0F~ HOLIDAY %NES STREET LIGHTING DISTRICT
C NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY
CITY OF FORT %ERCE COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ITHE
fA NOTICE OF PROPOSED ANNEXATION 'BOARD'1, will hold a PUBLIC HEARING to consider tM levy' of
~ TM Cry Commies on of the Ci f Fon Pier, Fbnda, Meal ants on properties w thin the Holiday Pines
O ty o purwant to Sveet Lpht rq D strict Ith DistncCl to htM the wet of Prwidirp
the CM Charter and Florida Statutes, will on Twsday, July 6, veer I phtnp sem« tM ein TM maser will be wns~derad at
2010, and on Mondry. July 18, 2010, Mld Public Haar raps on tM tM Board s ropular meet rap on Tuesday tM 20TH day of Juty
m enactmem of proMaed ordinances on frt and second read'nps 2010, at 690 p m or soon thersaher as the matter may M
~ rosMctrvery ~ the Crty Hall Commisson Chambers, 100 NoM heard m tM St Lucie County Commission Chambers at the St.
U.S ft, Fort Pier«,Fbnda, at rhea maeYnps which bap-n at 630 Lucie Caunry AtlmmistraTan Building Annex, Third Floor, 2300
+• D.m, said ordinanwa enthkd '
l0 Vupi uAvsnue, Fon Par«,Fbnda 30982. TM properties wrth
~ in tM DisMCt era indi«ted an tM map below:
ORDINANCE NO. L-127
m 'AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF
~ THE CITY OF FORT PIERCE, FLORIDA TO INCLUDE APAR- ~'+~L'gM^9 DatrKc
m CEL OF LAND TOTALING APPROI(IMATELV 400 ACRES GEN- HokdeY Pees
e+ ERALLY LOCATED ON THE WEST SIDE OF I-95, NORTH OF
l0 MIDWAY ROAD.' ___
~ ORDINANCE NO. L-128 10~. .... ~~ y- J E
e+ 'AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF ~ ~ ~~ a~~ ~~"~ /
O THE CITY OF FORT PIERCE, FLORIDA. TO INCLUDE TWO Tr - ~ -;: - '
C PARCELS TOTALING APPROXIMATELY 200 ACRES GENER _ - ~
T ALLY LOCATED ON THE NORTH SIDE OF MIDWAY ROAD ~ a y ~. .~.i~
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l0 ~ _ MIQWAY RU ~7M Distrip was establisMd by Courny Resalutio No 82 118.
•O -- EaM year tM Board bvroa apecol aswssmants wrth tM d stnq
m ---_. to fund IM street IipMinp services. TM purpose of tM J M 20th
public Manrp 's to wnsider miners related to tM saessment
= kvy for fs«I year 2010 2011, 'ncluduq tM matter of allo«tinp
ar Me wst of tM sweet hpMinp «rv«:ea amonV specially benefmsd
C All interested parties may appeu at tM Publb Fleannps and be property. R bvied, the spacial assessment wdl be collected on Me
O Mard wiM respect to Me proposed ordirtan«. Said proposed or- November, 2010 taz bill by tM St. Wcie County Tax Collector and
m divan«. mNcd,rp:anal description of the propeM to be annazed. 'llwminuetobasowllenedonanannualbasisumildiuomin-
C TI be availabN for inspMion in tM Gay Ciert's Olfi«, City Hall, Led Dy tM Boars.
~ 100 North U.S. fl, Fon Rer«, Florida.
~ All aNScteO persona Mve the right to appear and M Mard at the
ANY PERSON SEEKING TO APPEAL THE DECISION OF THE abwepublicMarinpandhavatMriphltofikwithtMCwntyEn-
~ CITY COMMISSION AS TO THE FOREGOING IS ADVISED pincer, within twenty 120) dari of the date Mrsof, written objsc-
~ THAT A RECORD OF PROCEEDINGS IS REQUIRED IN ANV Loos as to tM proprietary and advbabiliry ohM prgett, n to tM
M Sl1CH APPEAL ANO THAT SUCH PERSON MAY NEED TO IN- cost thereof, as to tM manner of Myment Meroof, and as to tM
fA SURE THAT A VERBATIM RECORD OF PROCEEDINGS IS amount tMreof to be specially as«ssed against each parcel of
MADE INCLUDING THE TESTIMONY AND EVIDENCE UPON property De«Med thereby. Written wmments received in ad-
m WHICH THE APPEAL IS TO BE BASED. an« of tM public hearing will M Mard.
d // Cassandra Stack THIS NOTICE EXECUTED AND DATED THIS 28TH DAV OF
3 Crty Clerk JUNE, 2010.
m Publish: Jana 21, 28, 2010 Publish Juna 28, 2010
Z 2157583 2162378
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N •••••REVISED••••• •••••REVISED•••••
W BEFORE TFiE BOARD OF COUNTY COMMISSIONERS BEFOfiE THE BOARD OF COUNTY COMMISSIONERS
Q SL LUCIE COUNTY, FLORIDA SL LUCIE COUNTY, FLORIDA
V NOTICE OF PUBLIC HEARING NOTICE OF PUBUC HEARING
m TO IMPOSE AND PROVIDE FOR COLLECTION OF TO IMPOSE ANO PROVIDE FOR COLLECTION OF
~ NON AD VALOREM ASSESSMENTS IN THE NON AD VALOREM ASSESSMENTS IN THE
W QUEENS COVE STREET LIGHTING DISTRICT BLAKELY STREET LIGHTING DISTRICT
M NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY NOTICE IS HEREBY GIVEN THAT THE 80ARD OF COUNTY
m COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ITHE
'
' COMMISSIONERS OF 5T. LUCIE COUNTY, FLORIDA ITHE
~ BOARD
1. will Mld a PUBLIC HEARING to wnsidar the levy of 'BOARO'1, will hold a PUBLIC HEARING to wnaider Me levy of
pecial assessments progenies thin tM Qu ns C ve
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' special asseuments on properties wichintM BlakelyStreetLipM-
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District
1 to fuM tM wn of providing inp Distract ItM'Distnct') to fund tM wet of prwidirp street IipM-
street lighting services Merein. TM rnaner will be wnsidered at inp servi«s therein. The matter will be wnvdered at 1M Board's
•a tM Board's regular meetirq on Tuesday, tM 20TH day of July regular rnee[inp on Twsday, tM 20TH day of Jury 2010, at 690
m 2010, at 690 D. m. or soon therufier as pre miner may be p.m. or ss soon thereaher as tM miner may M Mard in tM St
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Holiday Pines Street Lighting District
Annual Assessment Resolution
APPENDIX C
AFFIDAVIT OF MAILING
This is to certify that on June 11, 2010, a total of 600 notices of "Non-Ad Valorem Assessments" for the
Holiday Pines Street Lighting District were mailed duly notifying the affected property owners of the Public
Hearing to be held on July 6, 2010, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300
Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners
approved the 2010 Assessment Roll. A sample copy of the notice is hereby attached.
Barbara Guettler
St. Lucie County
Sworn to and subscribed before me thisa_O
day of , 2010, by Barbara Guettler
who is perso ally known to me.
Notary Publi ,State of Florida
~V~ ~ Notary Public State of Fbrida
Susan A Cosentino
p~ My Commission DD680045
~oraa ~Pires08/01/2011
Holiday Pines Street Lighting District
Annual Assessment Resolution
APPENDIX D
FORM OF
CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners of St. Lucie
County Florida or 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 such 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, 2010.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered
to the St. Lucie Coun Tax Collector and made part of the above described Non-Ad Valorem
Assessment Roll this _~ day of 2010.
ST. LUCIE COUNTY, FLORIDA
By:
Authorized Agent