HomeMy WebLinkAbout10-177RESOLUTION NO. 10-177
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 MEADOWOOD STREET LIGHTING DISTRICT AND THE
FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD
VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING
COUNTY RESOLUTION NO. 87-21; 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. 87-
21, 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 March 10, 1987, the Board of County Commissioners (the "Board") of St. Lucie
County, Florida (the "County") adopted Resolution No. 87-21 which established the Meadowood 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
Meadowood 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
Meadowood 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 499 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 $27,998.89. 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 $56.11 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 $61.72, 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. 87-21. The legal description of the boundary of the District as set forth in
Resolution No. 87-21, including any amendment thereto, is hereby ratified, confirmed and
3
Meadowood Street Lighting District
Annual Assessment Resolution
incorporated herein by reference. Except as otherwise modified herein, Resolution No. 87-21 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. 09-344 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
Meadowood 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 24th day of August, 2010.
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BOARD OF COUNTY M SSIONERS OF ST. LUCIE
COUNTY, FLORIDA
By:
5
Meadowood Street Lighting District
Annual Assessment Resolution
APPENDIX A
BOUNDARY MAP OF THE DISTRICT
Street Lighting District:
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Annual Assessment Resolution
APPENDIX B
PROOF OF PUBLICATION
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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. DarteneBroeg, 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 Periodipl 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
BOCC
NEWSPAPER E-Sheet®
LEGAL NOTICE
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ST. LUCIE COUNTY, FLORIDA ~i yOU a° at public sucuon per RUBUC NOTICE
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NOTICE OF PUBLIC HEARING j eve a g ° a '
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NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY ~ ^ •- ~ '... ICI t of lee C rcu t Se~Gl.l1OILS.
COMMISSIONERS OF ST. IULIE COUNTY FLORIDA ITHE ' ~ ~~,~v,,,~, ~prY' i~l nil Co its off ce notihetll trier colter The alsl ale between 9 00
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in the Oistr n are ndicated on the coop below. ~'.
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY II be mat a t M Tonya LoDban 0409 .I2 A554
II dd eas eco d t
COMMISSIONERS OF ST LUCIE COUNTY, FLORIDA ITHE 5x10 '~
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_ ~ the B d epular meet rq on Tuesday, tM 24th day of August cedure re9u res car To. LAN DOWNERSI f~ 1
TO10 at 9:00 or soon thereaher as tM maner may M t o auto t dis_IS D At09 - O f F T P I E R C Ej v
_ i heard th St. lucre Coumy Commission Chambers at the St 5 15 FARMS W A' E R li
- 1-- Q ~^ I Lucrc C ry Ad n nation Build rip Annex. Thud Floor 2300 CONTROL DISTRICT
T' ~ } Vrp A Fon P cite, f for da 34982 TM propenrcz w th .- ~, _: A N D A l L
,_I - m the Dsnin are irMcated on IM map below: - yy ~ WHOM R MAY CON-
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The District was established by County Reso~ution No.B7-69. Each
year the Board levrc5 specal assessmems wrth;n 1M distntt to
hod 1M street IpMiny services TM purpose of the August 24Th
pu Dlic Mannp ;s to consider matters related to 1M assessment
leyy for rascal rear zow~2ot1, Ind°d~rq tM maner pf altnpahrq
the cost of the street hphnnp services among spedalN benefined
property If levied, tM special assessment wdl De collMed on the
wpy o e ~r~e~o ore:owl becud o~,~.~~~a o;:: ~~ ono:Dorn rid
ued by Me Board
All ,Renal persons Mve IM npm to appear and be heard tl the
above publ;c hear~np and nave 1M r;pht to fie with 1M Counh En~
pinrer, wrth~n twenty 1201 days of the date hereof, written oblec-
bon5 as to the wopnetary aria atlv~sa D~bty of the project, as to the
cost Thereof, as to the manner of payment thereof, and as to the
ant thereof to be spenally assessed against each parcel of
p oce o Me pubbc theannp w oeen~, a man`s received ;n ad~
THIS NOTICE EXECUTED AND DATED THIS 2ND DAY OF AU-
GUST, 2010.
Pubbsh. August 2, 2010
2[74165
BEFORE THE BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
NOTICE OF PUBLIC HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION OF
NON AD VALOREM ASSESSMENTS IN
THE GROVE STREET LIGHTING DISTRICT
NOTICE IS HEREBY GIVEN THAT THE RD OF COUNTY
COMMISSIONERS OF ST. LUCIE COU ORIDA ITHE
'BOARO'1, will hold levy of
srpeciasl assessmenlg~ t
i p D trrot ItM'Dist
inp serv;ces thnein
remoter Sreo;rW on t 9'.00
on Mereaher as 1M maner m rd in the St.
Luck County Commission Chambers at the lick County Ad-
ni uat;on Build inp Annex, Thed Flow. 2300 Virpima Avenue.
Fon Pierce, Florida 34982. The propertes with;n the Distrin are
indicated on the map below:
Sae.l Lgnwq oatrlcc. _~.
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The D~str rot was established by County ResoluHOn No 95-54. Each
year Me Boare levies spenal as ssmems wnn~n tM e;rtritt to
fund the seen tiphvnp semces TM purpose of the August 24th
public Mannp is to consider manors related to the assessment
levy for fscal year 20102011. mdudinp the matter o1 allocaLnp
the cost of the street lipMinp services among specully Denefined
property. h levied, the special assessment will M collened on 1M
November, 2010 tea bill Dy the St. Lucie County Tax Collettor and
will continue t0 be so collected on an annual basis anal disconnn~
ued by tM Board.
All aRMed persons have 1M right to appear and M heard at the
above public hearing and have the right to ale with the Coumy En~
pincer, within twenty (201 days of the date hereof, wr men obtec-
uons as to the proprietary aM advrsabiliry of IM Drolect, as to tM
cost thereof, as to the manner or payment thereof, and as to iM
ant IMreot to be specully assessed against each parcel of
Dmperty benefited thereby Wrmen comments race wed in ad-
vance of the public hearing wily be heard.
THIS NOTICE E%ECUTED AND DATED THIS 2ND DAY OF AU
Publ;sh August z. 2010
2174757
BEFORE THE BOARD OF COUNTY COMM5510NER5
ST LUCIE COUNTY, FLORIDA
NOTICE OF PUBLIC HEARING
TO IMPOSE AND PROVIDE FOR COlLEC7lON OF
NON AD VALOREM ASSESSMENTS IN THE
MEADOWOOD STREET LIGHTING DISTRICT
•••RE VISED NOTICE'''
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY
COMMISSIONERS OF ST LUCIE COUNTY, FLORIDA ITHE
'BOARD'I. w II hold s PUBLIC HEARING to consider the levy of
pet al assessments on properties wnhm the Meadowood St eel
Liphtnp D str ct Ithe'D str R'I to fund tM cost of proud rip strret
liphnnp serv cos there n. TM maner w II be conrttlered at tM
Board s regular meet-rip on Tuesday tM 24M day of August 2010
t 9'.00 a.m or s soon thereaher as the matter may be Aeard n
tM $t Luce County Commrss on Chambers at the St. Lucie
'~ County Admimstrat on Bu Id~np Annea, Th rd Floor 2300 V rein a
Avenue Fon P erce, Florida 34981. The vropemes wit n Me
Distrn are rid cared on 1M map below.
Your Community,
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BEFORE THE BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
NOTICE OF PUBLIC HEARING
TO IMPOSE AND PROVIDE fOR COLLECTN)N OF
NON AD VALOREM ASSESSME N7S IN THE
PALM GROVE STREET LIGHTING DISTRICT
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ITHE
'BOARD'1, will hold a PUBLIC HEARING to consider tM levy of
pedal assessments on propertes within 1M Palm Grove Street
Lighting District 1tM'Drstntt'1 to land the cost of provd;nq street
liphunp semces therein. The maner wig be considered at tM
Bpard's regular mreunp on Tuesday. the 24th day of August 2010.
et 9'00 a m or s soon thereaher as tM maner may M Mard in
the St. lone County Commission Chambers at the St. Lucie
County AOminislrahon Building Annex, Third Flow, 2300 Virginia
Avenue. Fon Rerce, Florida 3498T. TM prapenrcs within the
D~stritt are ;ndicated on tM map below:
~>o Street LgMey OWticL
Pabn Glpy!
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Meadowood Street Lighting District
Annual Assessment Resolution
APPENDIX C
AFFIDAVIT OF MAILING
This is to certify that on July 30, 2010, a total of 499 notices of "Non-Ad Valorem Assessments" for the
Meadowood Street Lighting District were mailed duly notifying the affected property owners of the Public
Hearing to be held on August 24, 2010, at 9:00 a.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.
Notary Publi ,State of Florida
a~~ Notary Public State of Florida
~{ ~ Susan A Cosentino
~ My Commission DD680045
~ap~ Expires 08/01/2017
Meadowood 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