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HomeMy WebLinkAbout01-215· RESOLUTION NO. 01-215 A RESOLUTION OF THE BOARD OF COUNTY COMMIS: ST. LUCIE COUNTY, FLORIDA: DETERMINING THAT TH SPECIAL ASSESSMENTS FORTHE TREASURE COVE/DC SOUTH MUNICIPAL SERVICES BENEFIT UNIT TO FUND A PROJECT TO PROVIDE WASTEWATER IMPRO~ PROPERTIES WITHIN THE TREASURE COVE/OCEAN MUNICIPAL SERVICES BENEFIT UNIT ARE JUST ~IONERS FOR E PROPOSED ;EAN HARBOR THE COST OF fEMENTS TO RBOR SOUTH AND RIGHT; ROLL BASED ON THE EQUIVALENT DWELLING UNITMETHOD OF ASSESSMENT; LEVYING ANON-AD VALOREM SPECIAL [ASSESSMENT ON THE REAL PROPERTY WITHIN THE TREASURE HARBOR SOUTH MUNICIPAL SERVICES BENEFIT UNIT E APPROVED ROLL; AUTHORIZING COLLECTION OF ASSESSMENT BY THE UNIFORM METHOD OF AUTHORIZING THE COUNTY DIRECTOR OF ENG PROCEED WITH THE PROJECT AND PROVIDING AN EFi WHEREAS, pursuant to Chapter 90-262, Laws of Florida, kn~ Lagoon Act (the "Indian River Lagoon Act"), the Treasure Cove Ocean Harbor South Condominium, Ocean Harbor Villas Condom commercial office building located within the proposed Treasure Coy MSBU are reqUired to either connect to the regional wastewater trea Hutchinson Island, or to upgrade existing facilities to meet current Environmental Protection ("FDEP") specifications; and WHEREAS, on February 24, 1998, based on the petition ofs of the landowners pursuant to Chapter 1-13.5 of the St. Lucie Coun (the "Code"), the Board of County CommisSioners for St. Lucie adopted Resolution No. 98-048 which created the Treasure Coy( Municipal Services Benefit Unit (the "Treasure Cove/Ocean Harbol non-ad valorem special assessments based on the equivalent d, assessment to fund the cost of a project to provide wastewater impn within the boundaries of the Treasure Cove/Ocean Harbor South M St. Lucie County, Florida (the "Project") in order to connect the pr( wastewater treatment system; and authorized the St. Lucie County I (the "County Engineer") to proceed with the Project pursuant to th in Section 1-13.5 of the Code; and -1- COVE/OCEAN ~ASED ON THE rilE SPECIAL COLLECTION; NEERING TO · 'ECTIVE DATE )wn as the Indian River Dunes Condominium, nium and the existing #Ocean Harbor South ment system on North Florida Department of ixty-one (61%) percent ty Code of Ordinances County (the "Board") ,/Ocean Harbor South 'South MSBU") to levy tvelling unit method of )vements to properties SBU in unincorporated ~perties to the regional )irector of Engineering e procedures set forth WHEREAS, on October 2, 2001 pursuant to Chapter 1-1 3.5 of the Code and Chapter 125 and Section 197.3632, Florida Statutes, the Board h,.~ld a duly noticed and advertised second public hearing to consider propriety and advisa[,ility of the Project and to act as an equalizing board to consider the comments of affected and owners and other interested persons concerning the preliminary assessment rpll for the Treasure Cove/Ocean Harbor South MSBU, proof of publication of the publiclhearing is attached as Exhibit "A"; and / WHEREAS, at the October 2, 2001 public hearing, Mr. Robe~Tabor, a single family property owner, formally requeste,d, that the Board reduce the ~umber of allocations assigned to his property from 5 EDU s to 1 EDU. Mr. Tabor indicate:! that the property has one single family residence, and Mr. Tabor said he had no intenti()n to develop the land any further. The Board informed Mr. Tabor there is no guarantee that additional EDU's will be available in the future and that the cost may be higher. Mr. Tabor said he understood. Based on Mr. Tabor's representation, the Board agreed to reduce Mr. Tabor's allocation of EDU's from 5 to 1. / / WHEREAS, after considering the comments of all interested persons and the reallocation of EDU's, the Board has determined that the special as~sessments aS set forth on the preliminary assessment roll as amended, for the Treasur,.· Cove/Ocean Harbor South MSBU, attached hereto as Exhibit "B", are just and equitablg. NOW, THEREFORE, BE IT RESOLVED by the Board of C of St. Lucie County, Florida, as follows: Section 1: The boundaries of the Treasure Cove/Ocear which include the real property to be specially assessed to fund the shown on the attached Exhibit "C". Section 2: The Project to be funded by a non-ad valorel levied by the Treasure Cove/Ocean Harbor South MSBU is t, improvements to properties within the Treasure Cove/Ocean H; unincorporated St. Lucie County, Florida, in order to connect the pn wastewater treatment system. Section3: The method ofassessmentforthewastewater based on the equivalent dwelling unit method of assessment such th the Treasure Cove/Ocean Harbor South MSBU shall share equ wastewater improvements and that the amount of the assessmer benefit to the properties derived from the improvements. Section 4: The preliminary assessment roll, as amende Treasure Cove/Ocean Harbor South MSBU is hereby approved ~ assessment shall stand as a lien against the 'benefitted properties -2- ounty Commissioners Harbor South MSBU cost of the Project are special assessment provide wastewater ~rbor South MSBU in )perties to the regional improvements shall be at each propertywithin ally in the cost of the does not exceed the I, (Exhibit "B") for the [nd confirmed and the until satisfied. Section 5: A non-ad valorem special assessment (the "SI the total estimated amount of $1,291,854.29 which includes interE as shown on the plans and specifications prepared by the County real property within the Treasure Cove/Ocean Harbor South MS amounts set forth on the preliminary assessment roll attached as Section 6: The Special Assessment shall be collected by collection pursuant to Sections 197.3632 and 197.3635, Florida Sta Chapter 1-13.5 of the Code beginning in November 2002 for a perle Section 7: The County Engineer is authorized to continu~ Section 8: Upon the completion of Project, the County Er actual cost to the Board, and the Board shall confirm a final ass{ adjustments as may be necessary in accordance with the provisior the Code. Section 9. This Resolution shall be effective upon adopti After motion and second, the vote on this Resolution was as follov Chairman Vice Chairman Commissioner Commissioner Commissioner Frannie Hutchinson Doug Coward Cliff Barnes Paula Lewis John Bruhn nd day of October, 2001. ~ecial Assessment") in ,st, to fund the Project s hereby levied on the ~U (Exhibit "C") in the -'xhibit "B". the uniform method of :utes, as authorized by ,d of fifteen (15) years. with the Project. ineer shall report the ;ssment roll with such s of Chapter 1-13.5 of on. IS: Aye Aye Aye Aye Aye PASSED AND DULY ADOPTE~ ~ ~';~'~'~ BOARDOF COUNTYCOMMISSIONERS ^TTr T'.. ,uc cou. ^s C ORR~~~//) 3 THE TRIBUNE ST. LUClE COUNTY, FLORIDA 600 Edwards Road, Ft. Pierce, FL 34982 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, Lynn Ferraro, General Manager; Kathy LeClair, Business Manager or Bob Rossi, Cimulation Manager of The Tribune, a daily newspaper published at Fort Pieme in St. Lucie County, Florida; that the attached copy of advertisement was published in The Tribune in the following issues below. Affiant further says that the said Tribune is a newspaper published at Fort Pieme in said St. Lucia County, Florida and that the 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 attached copy of advertisement; and affiant further says that he/she has neither paid nor 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 Tribune has been entered as second class matter at the Post Office 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 # Name Date Price Per Da_v 2233387 BOARD OF COUNTY CO 09/11/2001 BOARD OF COUNTY CO 09!25/2801 Total $31.72 $31.72 $63.44 PO # ENGINEERING Subscribed and sworn to me before this date: Notary Public oooooooooooooooooiooooooooooooo 0oooooooooooooo0o ooo0ooooo0ooo o o o 0 0 o o o o o o o o o o o o o o o, o ol o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o i ~ ~ ,,, a ~ ~ ~ ~ ~ z ~ ~ ~ ~ ~ ~ ~ m ~ :w < a~ · - ~ 0 < ~ ~ EXHIBIT "C" · . MAP OF MSBU .TREASURE COVE/OCEAN 'HARBOR SOUTH WASTEWATER. SLC UTILITIES ,,1SBU