HomeMy WebLinkAbout10-176RESOLUTION NO. 10-176
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 QUEENS COVE STREET LIGHTING DISTRICT AND THE
FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD
VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING
COUNTY RESOLUTION NO. 88-241; 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. 88-
241, 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 16, 1988, the Board of County Commissioners (the "Board") of St. Lucie
County, Florida (the "County") adopted Resolution No. 88-241 which established the Queens Cove 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
Queens Cove 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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Queens Cove 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 204 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 $7,450.08. 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 $36.52 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 $40.17, 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. 88-241. The legal description of the boundary of the District as set forth in
Resolution No. 88-241, including any amendment thereto, is hereby ratified, confirmed and
3
Queens Cove Street Lighting District
Annual Assessment Resolution
incorporated herein by reference. Except as otherwise modified herein, Resolution No. 88-241 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. 09-341 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
Queens Cove 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.
~-~L,, BOARD OF COUNTY OMM~SIONERS OF ST. LUCIE
~~~a COUNTY, FLORIDA
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Deputy Clerk ~-' Co
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Queens Cove Street Lighting District
Annual Assessment Resolution
APPENDIX A
BOUNDARY MAP OF THE DISTRICT
Street Lighting District: ~,
Queens Cove
Apr? 207C 0 715 t50 900 1,350 1.800 s
Feet
Q District Boundary
0 Parcel Boundary
Queens Cove Street Lighting District
Annual Assessment Resolution
APPENDIX B
PROOF OF PUBLICATION
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SCRIPPS )EiOIWARD
SCRIPPS TREASURE COAST
NEWSPAPERS
St. Lucie News-Tribune
600 Edwards 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 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 diswunt, rebate, wmmission 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.
Ad Pub
Customer Number Date Copvline PO #
ST LUCIE COUNTY 2162384 6/28/2010 REVISED NOTICE PUBLIC HEAFi~1~ENS COVE
BOCC
NEWSPAPER E-Sheet
LEGAL NOTICE
ATTACHED
DO NOT
SEPARATE PAGES
Subscribed and sworn to me before this date:
June 28, 2010
~~°"~'""~-"~~~ ORIGINAL
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~~~~~„~~~~~ MARY T. BYRNE
.•``i-"~"'4~;~; No~aty Pubic - Sbte of Fbrida
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B6 SCRIPPS TREASURE COAST NEWSPAPERS MON DAY, JUNE 28, 2010 SL
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IN THE pRCUR ceased, whose date of M 0 N T H 5 AFTER EVER BARRED. Fon Pierce, Florida 6, 2010
COURT FOR death was MaY 11, THE TIME OF THE NOTWITHSTANDING 31951 216'2531
ST. LUCIE COUNTY, 2010, is pendirp in tM FIRST PUBLICATION THE TIME PERIODS
FLORIDA Circuit Court for St. OF THIS NOTICE OR SET FORTH ABOVE. Bruce R. AMrnertry, Jr.
PROBATE DNISION Luria County, Florida, 30 DAYS AFTER THE ANY CLAIM FILED Anorneylor Barbara M. Tn.rev. wslcm
Fib No.: Probate Division, Ms DATE OF SERVICE TWO 121 YEARS OR Pandolph CFasdFMA
56'2010CP000625FM address of which is OF A COPY OF THIS MORE AFTER THE Florida Bar No. Advesl4Yap1
201 S. Indian River NOTICE ON THEM. DECEDENT'S DATE 0357251 Rnd aklyUlYq
IN RE: ESTATE Of Drive, Fort Pierce. FL All other creditors of 0 F DEATH I S 500 Virginia Avenw, fi0a11 Vlatlaus
ANGELO DONALD 34950. Tna names tM decedent and od. BARRED. Suite 202 mpauaasiak.
PAN DOLPH, JR. and addrsssn of IM er Dersons having Ths dale of first Fon Rsr<e. Florida
ALSO KNOWN AS Darsonal reDrasenta- claims or demands publiuuon of this no 34962 Treawre toast
DONALD A. PAN- live and tM personal against decedenys es rice is Juw 28.2010. Telephone: 1772148? Cbumed
DOLPH rspreaanL4va's snor- tats must file their 4901
Dxeaaad. ney era ut forth ba- ckims wiM Chia court Personal Fax: 17721 d89-4902
NOTICE 70 bw. WITHIN 3 MONTHS Reprarnutiva:
CREDRORS All creditor o1 the AFTER THE DATE Barbara M. PaodolDh Publish: June 28. JuM
decadent and other OF THE FIRST PUB- 8005 Penny Lana ~~
Ths adminiwation of persons having claims LIGATION OF THIS
Ma estate of Angelo or demands against N(`°~~.
Donald PsMolph, Jr. decedent's mute on A~, CLAIMS NOT
also krwwn as Donald
A. Pan dolph, de- whom a copy of Mis
notice is raQUired to FILED W~-'~:'N THE
TIME PERODS SET
M~M~~~7NI8 ~~~~~ ~~
be served must lile FORTH IN SECTION
tlroir claims wiM this. ,.f3 702 OF THE •••••REVISED•••••
court WITHIN THE FLORIDA PROBATE BEFORE THE BOARD OF CWNTY COMMISSIONERS
LATER O F 3 CODE 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 PINES STREET LIGHTING DISTRICT
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY
pTY OF FORT PIERCE COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ITHE
NOTICE OF PROPOSED ANNEXATION 'BOARD'1, wdl hold s PUBLIC HEARING to cons der tM bvy of
pedal assessment o p opsrtks wM'n the Holk y Pines
TM Ciry Commission of the Cry of Fon Pkru, Florida, pursuant to Street GphY rp Distr p (the Distrid'1 to fund the cost of P ovkmp
tM City ChaMr and Florida Statutes, will on Twsday, July 6, tract IphLnq servic tMroin. TM maser will be sidarod at
2010, and on Monday. JuM 19, 2010, hold Public Haarirgs on tM tM Boartl's ro0ular meet p on Tuesday, tM 20TH day of July
enactment of propoud ordinances on hrot and sarond readings 2010, at 600 p m o a o droreaher as the maser may M
pepivery in the Ciry Hall Commission CMmbas, 100 NorM Mard ' tM St Luc C my Co miss~on Chambers at the St
U.S !1, Fon Prone, Forida, at then meeurps which begin at 6:30 Luck County Adm -st anon Building Annex. Third Floor, 2300
p. m.; sud ordinances entnbd: Vup ni Avenue, Fan Prorce, Fbrka 34982. TM propMks wMt-
In the D strip are ndiuted on tM map below:
ORDINANCE NO. L-127
'AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF
THE CITY OF FORT PIERCE
FLORIDA
TO INCLUDE APAR Saes LgMnq IJUVxz
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,
-
,
CEL OF LAND TOTALING APPROXIMATELY 400 ACRES GEN- _,
.
~ ~M' Pnes ':l'
ERALLY LOCATED ON THE WEST SIDE OF I-95, NORTH OF
MIDWAY ROAD.' ~
tlDa~'° t. ..~.o
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ORDINANCE NO. L-128 5 ., ;
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'AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF '
THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE TWO ~`L'••,~/ •
PARCELS TOTALING APPROXIMATELY 200 ACRES GENER- .
~: .a _
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ALLY LOCATED ON THE NORTH SIDE OF MIDWAY ROAD
WEST OF I-95.' ..~-.-ti. i Y
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All ' terortad games may aDPear et tM Public Fbannps and M
M b wirh rasped to Me ororosed ord ronce Sad proooswd or
din ,indWirq kpal despiption oftM property to De annexed,
"II M available fir inspapion tM CM Cwd~'s Office, Crty Hall,
100 NoM U.S. !1, Fort Pierce, Florida.
ANY PERSON SEEKING TO APPEAL THE DECISION OF THE
CITY COMMISSION AS TO THE FOREGOING IS ADVISED
THAT A RECORD OF PROCEEDINGS IS REQUIRED IN ANY
SUCH APPEAL ANO THAT SUCN PERSON MAV NEED TO IN-
SURE THAT A VERBATIM RECORD OF PROCEEDINGS IS
MADE INCLUDING THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
/s/ Cassandra Stack
City Clerk
Publish: June 21, 28, 2010
TM annp was en bl Md by County Resolution No 82 118.
Each year tMBoard I - s pec al aaxssments within tM dinnp
to lurxl tM street IipM p cea TM Durpose of [M July 20th
public Marirq is to cons der martsro related to the assessment
kvy for fisul year 2010 2011 dudirq tM matter of allOCartnp
Me con of the street IipMinp servces among spepnly MnaFmed
property. H kvrod, the specul asseument wdl be colbctad on tM
November, 2010 tax MII by rM St intro County Lx Collsdor and
well rommue Io De so rol cried on en annual basis until diseontn-
ued by tM Board
All affsped parsons Mve tM rpht to appear and M Mard n tM
above Dublic Marine and have tM npM to fib w~M tM County En-
gineer, within twenty (201 days of tM date hereof, carmen objec-
tions as to tM propnetary and advisabilhy of tM Drojep, as to tM
cost thereof, as to the manror of payment tMreof, and as to tM
aunt tMroof to M specklly asuased against each parcel of
property benefited thereby. Wrmen rommenta received in ad-
vance of Me public Marina will ba Mard.
THIS NOTICE EXECUTED AND DATED THIS 28TH DAV OF
JUNE. 2010.
Publkh: June 28, 2010
•••REVISED•••••
BEFORE 1HE BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
NOTCE OF PUBLIC HEARING
TO IMPOSE AND PRWIDE FOR COLLECTION OF
NON AD VALOREM ASSESSMENTS IN THE
QUEENS COVE STREET LIGHTING DISTRICT
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ITHE
'BOARD'1, wnll hold a PUBLIC HEARING to ronaidar the bvy of
spacul assassmems Progenies within tM Queana Cove
Street LipMinp District ItM'Diatrid'1 to fund the cost of providing
meat lighting services Mersin. TM matter will ba wmiderod et
tM Board's regular maetirg on Twsday, tM 20TH day of July
2010, at 6:00 p. m. or as soon Mereaher as Me miner may be
Me d ' the St Luck County Commiuan Chamber at tM St.
Lurie Cou ry Admminrauon Budd np Annex, Th rd Floor, 2300
Virg ~ A erne, Fan Rerce. Flor da 34982. The properties with
in tM D'strip are -rMiuted on the map Miow
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Queers Coe
•••REVISED••••• -~
BEFORE THE BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
NOTICE OF ('UREIC HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION OF
NON AO VALOREM ASSESSMENTS IN THE
BLAKELY STREET LIGHTING DISTRICT
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ITHE
'BOARD'I, will hold a PUBLIC HEARING to ronaider tM levy of
special asseuments on Dropenks w4hintM BlakeryStrealLpM-
inq Dinnd ItM'Dinrid'1 to Mnd tM coat of providing rtroet light-
inp services Mervin. TM manor will be considered at the Board's
ropular meeting on Twsday, tM 20TH day of July 2010, at 6:00
p.m. or as soon Mereaher as the maser may be Mard in 1M St.
Luck County Commission CMmben at tM St Luck County Ad-
m nistration Building Annex, Third Floor, 2300 V rpinia Avenw,
Fon Pkrce, Flonda 34982 The propertin w th'n the aatnct are
indiuted on the map Mlow:
saes L9hdlq awe _ .~.
BIlIroN StMmmn
TCPALM.COM CLASSIFIED
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selections.
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Queens Cove Street Lighting District
Annual Assessment Resolution
APPENDIX C
AFFIDAVIT OF MAILING
This is to certify that on June 11, 2010, a total of 204 notices of "Non-Ad Valorem Assessments" for the
Queens Cove 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 a d subscribed before me this
day of 5u~ 2010, by Barbara Guettler
who is perso Ily known to me.
Notary Public, ate of Florida
~.~ ~ Notary Public State of Fbrida
Susan A Cosentino
+~, ~ My Commission DD880045
~j0-a~ ExpiBS08/O1r2011
Queens Cove 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 ~~ day of 2010.
ST. LUCIE COUNTY, FLORIDA
By:
Authorized Agent