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Home My WebLink About10-175RESOLUTION NO. 10-175 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 BLAKELY STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION NO. 84-09; 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. 84- 09, 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 January 24, 1984, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 84-09 which established the Blakely 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 Blakely 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: 2 Blakely 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 benefitted 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 45 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 $1,481.40. 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 $32.92 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 $36.21, 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. 84-09. The legal description of the boundary of the District as set forth in Resolution No. 84-09, including any amendment thereto, is hereby ratified, confirmed and 3 Blakely Street Lighting District Annual Assessment Resolution incorporated herein by reference. Except as otherwise modified herein, Resolution No. 134-09 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. 09-339 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. 4 Blakely 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. ,C~,~T~~ BOARD OF COUNTY CD~VIMISS~ONERS OF ST. LUCIE * ,~;;_e;~~~ _ COUNTY, FLORIDA ` J ~ +uT ' p1 ~~~ ~ ,. (SEAL) ~r h ~' : 1 ' .; ~~ a ~ TTEST ~ ~~ ,. . -. A ~. ~ .~ ~ ., Deputy Clerk ~~ By: 1 ~ Chairman 5 Blakely Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT Street Lighting District: Blakely Subdivision ~` Aw•1 201D 0 60 720 2r0 760 ~60~ c Blakely Street Lighting District Annual Assessment Resolution APPENDIX B PROOF OF PUBLICATION ~~~ ~ ~ scRrnps HalwAxn STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, S. DarleneBroeg, who on oath says that she is Classified 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 :ounty, 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 Copyline PO # ST LUCIE COUNTY 2162382 6/28/2010 REVISED NOTICE PUBLIC HEAF~IIFKELY SUBDIVISION BOCC ~~~ a-~a~a~o ~~.~~ NEWSPAPER E-Sheet LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES Subscribed and sworn to me before this~date: June 28, 2010 ~~~ Notary Pu SCRIPPS TREASURE COAST NEWSPAPERS St. Lucie News-Tribune 600 Edwards Road, Ft Pierce, FL 34982 AFFIDAVIT OF PUBLICATION MARY T. BYRNE .•`a-Rr °WF•,.~~ N~ PUbiC - Sb413 O( Fonda 3 F.xpres Aug 2, 2010 ' ~ ~~~ ~ pD 544327 ~M~~~ gp~ qy National Notary Assn. ORIGINAL l CL G V O '~ U ``L N r O ~ M r+ Q N Q V ~ J m J W p ~+ G Q U ~ N W m U m W # J ~ ~ V ~r a ~ ~ N ~ .. red ^ ^^(se ~ ,V W I..L O Z ~ 0 .d U Q c~ ~ M O N M m >` ~C C Z a Z ~ ~ o ~ ~ N O Q = (n U ~ O a ~i • O t . " ~ N v . 00 Z ~' N •e, ~ M ~ ~ ~ ~Q V U .. B6 SCRIPPS TREASURE COAST NEWSPAPERS MONDAY, JUNE 28, 2010 SL ~ ~ ~ ~ IN THE pRCUO eased. wMsa den of M 0 N T H 8 AFTER EVER BARRED. Fon Pierce, Florida 5, 2010 COURT FOR death was MaY 11, THE TIME OF THE NOTWITHSTANDING 31951 2162531 ST. LUCK: COUNTY, 2010, is pendirp in the FIRST PUBLICATION THE TIME PERIODS FLORIN Circuit Court for St. OF THIS NOTICE OR SET FORTH ABOVE, Bruce R. Abernethy, Jr. TNee's MUSIC b PROBATE DMSION Lude County, Florida, 30 pAVS AFTER THE ANY CLAIM FILED Attorney for Barbara M. Fik No.: Probate Division, the DATE OF SERVICE TWO 121 YEARB OR Pandolph CWfMi~A 562010CP000625FM address of whi<h is OF A COPY OF THIS MORE AFTER THE Florida Bar No. AdVMbYsp! 201 S. Indian River NOTICE ON THEM. DECEDENT'S DATE 0357251 Fled asryUlig IN RE: ESTATE OF Drive, Fon Pierre, FL All other creditors o/ 0 F DEATH I S 500 Virpinu Avenue, 110T plillos ANGELO DONALD 36950. The names tM decedent and oth- BARRED. Suin 202 mpwassios~ PAN DOLPH, JR. and addresses of the ar persons having The date of first Fort Pierce. Florida ALSO KNOWN AS personal rspnsanta- daims or demands publiutbn of Nis no- 34982 treasure Gass[ DONALD A. PAN- live end the personal against Mcsdenys ea- tka is June 28, 2010. Telephone: 17721489 Classmed DOLPH raprassnbtives artor- tste must file their 4901 Deceaad. net era set (oM M- ebims with this court Personal Fu: 17721 4894902 NOTICE TO bw. WITHIN 3 MONTHS Repreasnntive: CREDITORS All crsditon of the AFTER THE DATE Barbara M. Pandolph Publish: Jurn 28, JuN decadent and other OF THE FIRST PUB- 8005 Perim Lane ~~F 7hs adminiwadon o} persons having daims LIGATION OF THIS the aerate of Angelo or demands against NOTICE. Donald PiMOlph, Jr. dscedsnYs estate on ALL CLAIMS NOT aHo known as Donald whom a copy of this FILED WITHIN THE ~~~ ~~~~~ ~~~ A. Pandolph, de- notice is roAUirad to TIME PERIODS SET be served must file FORTH IN SECTION their daims with this 733.702 OF THE •••••REVLSED••••• court WITHIN THE FLORIDA PROBATE BEFORE THE BOARD OF COUNTY COMMISSIONERS LATER O F 3 CC", WILL BE FOR- ST. LUCIE COUNTY, FLORIDA NOTICE OF PUBLIC HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON AD VALOREM ASSESSMENTS IN THE ~~~ ~~~~~ ~~~~ HOLIDAY RNES STREET LIGHTING DISTRICT NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNT: CITY OF FORT RERCE COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA I7HE NOTICE OF PROPOSED ANNEXATION 'BOARD'1, will hold a PUBLIC HEARING to consider tM kvy of special ssments on progenies wrth~n the Holiday P rtes TM Ciry Commssion of iM Gry of Fort Piers-.'!onda, purwam to Street Lpph~rp District Ithe 9 aritt'1 to fund tM met of provMinp Me CM CMner aM Florxfa SuMes, w i pre Tuesday, JuN 6, street Iphnrtp serous tMro'n TM maner wdl be considered at 2010, and on MoMay, JuN 19, 2010, Mld Publx: Hear reps on tM the Board's rooular frig on Tuesday, tM 20TH day of JuN enattmem of proposed ordinances on first and second readings 2010, at 6:00 p.m o soon tMroatter as the maner mry M rospectneN in the Ciry Hall Commission CMmbers, 100 North Mard m the St. Luc e C my Commisson ChamMrs at tM St. U.S I1, Fon Prone, Fbrxla, at their meetirtpa which Deom at 690 Lucie Cm ry Admire st Fon Build~np Annex, Thud Floor, 2300 p.m ,said ordinances entitnd: Vopni a A e Fort Pierce, Flor da 34982. 7M properties wrth- n the Dstrict are'idiuted on tM map below: ORDINANCE NO. L-12i SveK LgMrtp Dntrx:t i1-, Fri)lday Pries :'~ ONDINANCE NO L 128 'AN ORDINANCE EXTENDING THE TERRITORIAL THE CITY OF FORT PIERCE, FLORIDA, TO INC PARCELS TOTALING APPROXIMATELY 200 ACR ALLY LOCATED ON THE NORTH SIDE OF MIDT WEST OF I-95.' ~y A~ h ~Q 2 MIOWAY RD All 'nterosted parties may appear at tM Public Headrgs and M Mard with respect to tM proposed ordinanu Said proposed or dinanw, inaudin0 .eyal des<ript on or the Droperty to De annexed, will M wainbk br Inspection in tM City C'• ~.'s Offiu. Chy Hall, 100 North U.S. it, Fort Reru, Florida. ANV PERSON SEEKING TO APPEAL THE DECISION OF THE CITY COMMISSION AS TO THE FOREGOING IS ADVISED THAT A RECORD OF PROCEEDINGS IS REQUIRED IN ANV SUCH APPEAL AND THAT SUCH PERSON MAY NEED TO IN- SURE THAT A VERBATIM flECORD OF PROCEEDINGS IS MADE INCLUDING THE TESTIMONY ANU EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. /d Cassandra Steeb Ciry Clerk Publish: June 21, 28. 2010 2157583 "' • r ` 7 •~a ~~ / Y , s ~ ~ i fr,`~/ t t~-s z~ { i_ Vii,. f~ r t i 1 ii a ~ I r ~ a ~ -: ~h -~~ ~ ~! a ~ I f ~ !~ ~ t ~ ~ _ _ ! 3 _. s wns~ - g .~...,.! TM D_n ct st bF Md Dy County Rnolui on No. 82-1 Each y th B b k ' pec al assessments within tM din to fuM tM meet I'9hi 9 sere TM purpose of tM July 2 public M ~rq to -d m Hers related to the assosm levy fo fn I year 2010 2011 ~n<ludirtp tM maner of albcat tM mat of tM street IipM-nq services among spsaalty benefit property. N lenad, tM spe<bl assessment well M collected on November. 2010 ux b II by tM St Lucie County Tax Collar+m r ' I mnI Hue to lro so mlbtted on an annual basis unil diswn' uad by the Board. All aifiaed penons Mve tM right to appear aM M Mard at above public Marino and have the ripM to fin with tM County pineer, whin twenty 1201 days of tM date hereof, carmen o6j bons as to tM Drogrbtary and advisability of tM project, as to asst thereof, as to the manner of paYmem theeof, end ss to ant thereof to ba specially assessed against cash parcel progeny bsrofited thereby. Wrmen comments received in vane of tM public Marina will De heard. THIS NOTICE EXECUTED AND DATED THIS 28TH DAY JUNE, 2010. Publish: June 28, 2010 2162378 •••REVISED••••• BEFORE THE S BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LIJCIE COUNTY, FLOR ST. LUCIE COUNTY, FLORIDA NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING TO IMPoSE AND PROVIDE FOR COLLECTION OF TO IMPOSE AND PROVIDE FOR COLLECTION OF NON AD VALOREM ASSESSMENTS IN THE NON AD VALOREM ASSESSMENTS IN THE QUEENS COVE STREET LIGHTING DISTRICT BLAKELY STREET LIGHTING DISTRICT 40TICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY NOTICE IS HEREBY GIVEN THAT THE BOARD OF CO COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ITHE COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA 'BOARD'1, will Mld a PUBLIC HEARING to consider tM levy of 'BOARD'1, will hold a PUBLIC HEARING to consider the M Axial ss ents n Dropertes wihn tM Queens Cove speaal assessments on prapenleswMmtM Blakely Street Street L~ppht nq Disvitt ItM'Distr ct'1 to fund tM con of prov deny ut9 D strict Ithe'D~stntt'I to fund tM cost of providirtp nree~ meet lighting services tlterein. TM matter will be mnsidercd at inp services therein. The maner will ba considerod at tM 8 the Board's regular meetirtp on Tuesday, tM 20TH day of JuN mauler meeting on Tuesday, tM 20TH day of JuN 2010, r 2010, at 690 p.m. or as won thereafter as the matter may M p.m. or as score Nareatter as tM martar may M Mard in t Mard in tM St. Lucca County Commission CMmben at the St Lucie County Commission CMmbers at tM St. Lucia Court Lucie County Admininration Buildino Annex, Third Floor, 2300 ini vation Budding Annex, Third Floor, 2300 Virginia A. Virg i Avenue, Fort Piaru, Florida 34982. TM properties with- Fon Pierce, Florida 34982. The Dropertix within tM Distr in the Disvict are indicated on tM map below Indicated on tM map below: Queens Gate ~~ SYat IJghYq I7tatrk2 . may. ~ Stddw.ron WJ TCPALM.COM CLASSIFIED So many selections. So litl-1e effort. 4-'` . 5- - C ~~~ i -• _ ~ b jis= I :.>~ • ~~~ ,r • ~- I ~= 1 ~ ~ M- ' ~. i ~t i _;: >, s ,5~~ -- _. ------ tm.L~um dining,., _ . ~.. - ' i~, ,~--at'~., Blakely Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on June 11, 2010, a total of 45 notices of "Non-Ad Valorem Assessments" for the Blakely 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 this day of ~~ 2010, by Barbara Guettler who is personally known to me. otary Publi tate of Florida .rte' jP~~, Notary Public State of Fbrida Susan A Cosentino ~ MY Commission Dpg80045 ~a ~~ ~~n:a oaio »zo~ t Blakely 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 County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this ~L day of 2010. ST. LUCIE COUNTY, FLORIDA By~ Authorized Agent