HomeMy WebLinkAbout10-183RESOLUTION NO. 10-183
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 GROVE STREET LIGHTING DISTRICT AND THE FUNDING
THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM
ASSESSMENTS; 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 Ordinance No. 82-1,
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 19, 1982, the Board of County Commissioners (the "Board") of St. Lucie
County, Florida (the "County") adopted Ordinance No. 82-1 which established the Grove 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.
(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
Grove 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 A and B 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 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.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.
(H) The apportionment methodology approved herein bears a reasonable relationship to the
cost of providing Street Lighting Services and is hereby approved.
(I) 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
Grove Street Lighting District
Annual Assessment Resolution
(1) The District is 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 145 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 $2,810.10. 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 $5.51 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 $6.06, 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. IMPOSITION OF ASSESSMENTS.
3
Grove Street Lighting District
Annual Assessment Resolution
(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 6. 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. 09-338 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 C.
SECTION 7. 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 8. 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.
SECTION 9. 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.
4
Grove Street Lighting District
Annual Assessment Resolution
SECTION 10. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect
immediately upon its passage and adoption.
DULY ADOPTED this 7th day of September, 2010.
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BOARD OF COUNTY
COUNTY, FLORIDA
By:
Chairman
5
OF ST. LUCIE
Grove Street Lighting District
Annual Assessment Resolution
APPENDIX A
PROOF OF PUBLICATION
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SCRIPPS FiOIWARD
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 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
BOCC
NEWSPAPER E-Sheet®
LEGAL NOTICE
ATTACHED
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Number Date Coayline PO #
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Subscribed and sworn to me before this date:
August 02, 2010
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heard n the St. Wue lounry Commission lham Ders a1 the 1t
facie County Adm~nistrat~on Build ~nq Annea Thud Floor, 2300
V npinu Avenue, Fon Pierce, Florida 34962. The properties with
m the Drsn~a are md¢ated on the map below.
Streit Uphbnp Dfatrct - ~.
Irldiin Rive Estrin
The Distrin was established by County Resoluhan No.87-69. Each
year the Board leves speaal assessmems within the district m
fund the street liphtinp services TM purpose o! the August 24th
public hearing is to consider matters related to the assessment
kvy for fiscal year 2010-2011, including the matter of alloutinp
the cost Of the street bph!mp services among speoally be nefined
property H leveed. ,rte speaal assessmem veal be coueaee on the
November, 2010 tea bu'. Dy the St Lucie County Tax Collector arW
tb be so <a.ectee on an annpa'. bass pm~~ niscon:~n-
ue~d by the Board
All aftenetl persons have the r~pM tp appear and De heard at the
above public hearnp and have the right to fire with the Cou my En-
g~neer within twenty 1201 days of the date hereof, wrmen obiec-
bOns es to the Dro Dr ietary and adv~sabiliry of the protect, as to the
cost tnercof, as tD the manner of pavmem thereof. and as to the
um tnereot m be speaauy assesses against each parcel of
Oroperty benefitetl thereby Wnnen comments recewed in ad-
vance of the public heannp will be heard.
THIS NOTICE E%ECUTED AND DATED THIS 2ND DAV OF AU~
GUST, 2010
Publish. Aupun 2.2010
2174765 -
BEFORE THE BOARD Of COUNTY COMMISSIONERS
ST LUCIE COUNTY. FLORIDA
NOTICE OF PUBLIC HEARING
TO IMPOSE AND PROVIDE FOR COILE CTION OF
NON AD VALOREM ASSESSMENTS IN
THE GROVE STREET LIGHTING DISTRICT
NOTICE I$ HEREBY GIVEN THAT THE BOARD OF COUNTY
COMMISSIONERS OF ST LUCIE COUNTY, FLORIDA ITHE
'BOARD'i. will hold a PUBLIC HEARING to consider the levy of
speaal assessments on propemes within the Grove Sneer Lipht~
inp District Ithe'DistrKt'1 to to rid the cost of prowdinp street lipht-
inp services therein The maser will be cons ~dered at the Board's
reBUla. meeting on Tuesday, the 24th day of August 2010, at 9 Oo
n thereaher as the matter may be heard in the St
LucieoCounty Commrssion Chaco Ders at the St. Lucie County AO-
n~tration Buda~np Annex, Third Floor, 2300 Virp~n~a Avenue,
Fon Pierce. Florida 34982 The propertes within the Disv~a are
indicated on the map below:
Sbrsa LghBtg Dtsttrlcl. "`'~•
The Cxoae
TO IMPOSE AND PROVIDE FOR COLLECTION OF
NON AO VALOREM ASSESSMENTS IN THE
SOUTHERN OAKS STREET LIGHTING DISTRICT
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COL
COMMISSIONERS OF ST. IUCIE COUNTY, FLORIDA
'BOARD') w II holtl a PUBLIC HEARING to consider the le
specul assessments on propert es wnNn the Southern
Street L pM rip OsV tt hhe'D~stna'1 to fund the cost of prov
sneer ripntmg aarw<es tnerem. The m,ner wiu w mns~eer
the Board's regular meeting on Tuesday. the lath day of Ai
2010 at 9.00 a.m. or soon thereaher as the matter m:
heard In the St. Luue County Commission Chambers at tf
Luce Cou my Adm n stmt on Build rip Annex Third Floor,
Vvpin a Avenue Fon Purce Flor da 34962 The propertes
n the Dsv~ct are ndicated on the map Delow-
The District was estab fished Dy County Resolution No.95~54. Each
year the Board levees special a menu within the distncl to
fund the street lighting servicesS The purpose or the August 24th
public heannp is to epnsider matters related to the assessment
Lew ror hsw year zolo~2on, mcwe~np the maser or ano<atinp
the cost of the street liphtinp services among apeually Denefrtted
Novembert, 2010diaxhDill by the $r. Lune County Taz ICo lector and
veal continue to be so co~leaed an an annual basis unti~ d~sconun~
ued by the Bwrd.
All aHMed persons have the right to appear antl be heard at the
above public hearing and have the right to file wnh the Cou my En-
gineer wnhm twenty (201 days o1 the date hereof, written able<~
lions as to the proprietary and adwsab~IM of the projM, as to the
pt thereof, n to the manner of payment thereof, and as to the
ant thereof to De specially assessed against each parcel of
I proDeM benefited thereby Wrmen comments recewed in ad~
vance of the public heannp well be heard.
~I THIS NOTICE EXECUTED AhD DATED THIS 2ND DAY OE AU~
GUST. 2010
~I Pub~ish August 2. 2010
21]d757
BEFORE THE BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
NOTICE OF PUBLIC HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION OF
NON AD VALOREM ASSESSMENTS IN THE
MEADOWOOD STREET LIGHTING DISTRICT
•••REVISED NOTICE•••
NOTICE I$ HEREBY GIVEN THAT THE BOARD OF COUNTY
COMMISSIONERS OF ST IUCIE COUNTY, FLORIDA ITHE
'BOARD'1. wnl hole a PUBUC HEARING to c ider the levy o1
specu assessments on propen eswth tithe Meadowood Scree:
L~Ohtmy D ztr¢t phe'D str a'I to tuna the cost of prov d rip street
light nq servces there n The matter wll be cons dere0 at the
Boards regpkr meetng on Tmsday the lain ear of Apgast 2plo.
t 9'00 am or s soon thereaher as the maser may be heard
the 51 luxe County Comm ss~on Chambers al the St Lu e
County Adm n~strat on Bu Id rip Annez Thrtl Floor 2300 V rp a
Avenue Fon P site For da 34982. The propemes w th n the
District are nd~cated on the map below:
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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
PALM GROVE STREET LIGHTING DISTRICT
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ITHE
'BOARD'I. mll hold a PUBLIC HEARING to consider the levy of
pedal assessments on properties within the Palm Grove $rteet
Gphbnq Distnq Hhe'D~svia'I to find the cost of prowdinp street
lighting services therein. The maser will De wns~dered at the
Board's regular meeting on Tuesday, the lath day of Aupusl 2010,
t 9:00 a.m. or s soon thereaher as the matter may be heard .n
the St Luue County Commission Chambers at the $t Luca
County Admmisnatron Building Annez, Thud Flow, 2300 Vvpima
Avenue, Fon Pierce Flontla 34982. The propenus within the
District are indicated on the map below:
Street Ltphtrq Dlstrlcl. _~
Palm Grp!
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The District was eslabi~shed by County Ordinance No 821. Each The District was esUblished by County Resolution No. 8721. Each ~~ i
year the Board levies specula ssments wrth~n the district to
s
year the Board levies special a ssments within the distr~q to
s
2129.
~ v~ est bli b Count Resoution No. 9
The D s cl w shed y Y
~l~tsc.
The purpose of the Aupusl 24th
fund the street lighting servicez The purpose of the August lath
fu ntl the street liphtirsp services Each year the Board kwes specul assessments within Ne diztritt 1 '
T
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public heannq .s to consider matters rested to the assessment
f
ll
tin
s
h
' puDhc heannp is to consider masers related to the assessment
the matter of allocating
f
l
v
r h
l
r 2010-2011
~ncwdin 1 Th of the Au ust
to fund the sneer ightinp services. a purpose p
2alh public heannq is tR consider matters related to the assess- .075
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g
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year 2010-2011, including t
levy for fisra
the cost of the street liphnnp services among specully benehned i
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yea
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su
the cost of the sneer lip Ming services among specia~ly Denetrtted
r , allo-
enI levy for fiscal year 20102011, nscludmq the mane o •~^°!"
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property I! laved, the specul assessment will Oe colleaed on the ~ property N leveed. the:penal asseament veal De collected on the uvnp the cost of the :veer lighting services ampnp spenally
~ To subxnbe, -
November, 2010 tea bit'. by the $t Lucie County Taz Collector and
l b
ntil tl
ntin- November, 20101ax bill by the St lure Lou ntV Taa Collector and
ll continue to be so collected on an annual bass until discontin-
w ~
benehned properly It leveed, the specul assessment wnl be co
fatted on the November, 2010 tax bill by the St Luca County Taa pa:,l 866 70'6397
asis u
isco
will continue to be so collected on an annua
ued by the Board i
ued by the Beard. Collector and wnll continue to be so collected on an annual base
All aHMed persons have the right to appear and be heard at the
AI! affected persons have the right to appear and be heard at [he mil e~sconbnued by the Board.
Ail aliened persons have the right Io appear arW De heard at the
Woking for
above public hearing and have the right to file wnh the LOUnry En~ above public heannp and have the npht to file wnh the Cou my En~ abovepublicheannpandhavetheriphllofilewrththeCOUnryEn-
d pf3?
gineer wnhm twenty 1201 d ys of the date hereof, wrmen oblec~ p~neer within twenty 1201 days of the date hereof, written oblec- p~neer, within twenty 1201 days of the date hereof, written oblec.
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lions as to the proprietary and adwsabdiry of [he protect, as to the eons as to the proprietary and advisabdiry of the prmect, as m the e
eons as to the proprietary and advise Dilny of the proles, as to t
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ozt Ihereot, as to the manner of payment thereof, and as to the
< cost thereof, as tp the manror o! payment thereof, and as to the e
cost thereof, as 1o the manner of payment thereat, and as to t
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um thereof to ce spMally assessed against each parcel of amount thereof to be specully assessed against each parcel of amount thereof to De specully assessetl against each parcel o
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propeM benefited thereby. Wrmen comments recewetl in ad~ property Oenefted thereby Wrmen comments recewed in ad- in a
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property benehled thereby. Written comments race rve
vance of the pubLrc heannq will be heard. vance of the publ~< hearing w~l~ be heard vance of Ne Dubhc hearing will be heard. has the most
D DAV OF AU- THIS NOTICE EXECUTED AND DATED THIS ZND DAY OF AU- Iocdl jOb I15TIDy5.
THIS NOTICE EXECUTED AND DATED THIS 2ND DAV OF AU-
GUST, 2010. - THIS NOTICE EXECUTED AND DATED THIS 2N
GUST, 2010. GUST, 2010 i
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Grove Street Lighting District
Annual Assessment Resolution
APPENDIX B
AFFIDAVIT OF MAILING
This is to certify that on July 30, 2010, a total of 510 notices of "Non-Ad Valorem Assessments" for the
Grove 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. (Continued to September 7, 2010 at 6 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 per ovally known to me.
Notary lic, S to of Florida
~,~}r ~ Notyry Public State of Florida
Susan A Cosentino
~ My Commission DD680045
~or ~o~ Expires 08/0112011
Grove Street Lighting District
Annual Assessment Resolution
APPENDIX C
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 ~~,r,,,b,~_ 2010.
ST. LUCIE COUNTY, FLORIDA
By:~„ ~I
Authorized Agent