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Home My WebLink About12-004 EDRESOLUTION N0.12-004 A RESOLUTION OF THE ST. LUCIE COUNTY EROSION DISTRICT REGARDING A BEACH AND DUNE RESTORATION PROJECT IN SOUTH HUTCHINSON ISLAND; DESCRIBING THE PROPOSED SOUTH HUTCHINSON ISLAND BEACH AND DUNE RESTORATION SPECIAL ASSESSMENT DISTRICT; AUTHORIZING AND DIRECTING COUNTY STAFF TO TAKE SUCH ACTIONS AS MAY BE NECESSARY IN FURTHERANCE OF SUCH PROJECT AND THE FINANCING OF A PORTION OF THE COSTS THEREOF THROUGH SPECIAL ASSESSMENTS; APPROVING AND CONFIRMING THE RESULTS OF THE BALLOT SUBMITTED TO AFFECTED PROPERTY OWNERS CONCERNING SUCH SPECIAL ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE ST. LUCIE COUNTY EROSION DISTRICT AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Erosion District (the "District") is adopted pursuant to Chapter 2004-409, Laws of Florida, as may be amended from time to time (the "Act"), Resolution No. 11-004 adopted by the District on June 21, 2011 (the "Assessment Procedure Resolution"), and other applicable provisions of law. SECTION 2. DEFINITIONS. Capitalized terms not otherwise defined herein shall have the meanings set forth in Assessment Procedure Resolution. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as follows: (A) The District and St. Lucie County, Florida (the "County") have collaborated in extensive preliminary undertakings related to a beach and dune restoration project (the "Project") involving the area generally described as South Hutchinson Island, including but not limited to conducting engineering studies and due diligence, developing a plan of finance and a timetable regarding delivery and financing of the Project. (B) The plan of finance for the estimated Project Cost involves three primary funding sources: revenues derived from the County-wide "Zone E" taxing district, grant funding made available from the Florida Department of Environmental Protection ("DEP"), and special assessments levied upon certain real property receiving a special benefit from the Project. (C) DEP has confirmed availability of grant funding for the Project, and the imposition of special assessments to partially fund the Project has been approved by ballot of affected property owners. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3714159 06!13/2012 at 03:38 PM OR BOOK 3399 PAGE 2460 - 2464 Doc Type: RESO RECORDING: $44.00 (D) The Assessment Procedure Resolution established a procedure for the levy and collection of special assessments (as defined therein, "Assessments") by the District to fund the delivery of capital improvements and essential services. The District is authorized by the Act to levy and collect Assessments. (E) The Board now wishes to authorize and direct County staff to take such actions as maybe necessary or desirable in furtherance of the Project, including but not limited to initiating the process set forth in the Assessment Procedure Resolution for the levy and collection of Assessments. SECTION 4. PROPOSED ASSESSMENT AREA. The District hereby proposes establishment of an Assessment Area to be known as the "South Hutchinson Island Beach and Dune Restoration Special Assessment District," generally consisting of Windmill Village, Nettles Island, the Holiday Out condominium and properties east of Route AIA between the Martin County Line and Normandy Beach Park (the "SAD"). Subsequent resolutions of the District will describe the boundaries and confirm establishment of the SAD as required by the Assessment Procedure Resolution. SECTION 5. BALLOT RESULTS. A mail ballot was submitted to property owners within the proposed SAD to determine the level of support for the imposition of Assessments to partially fund the Project. The results of such ballot, which are hereby approved and confirmed, are summarized in Appendix A attached hereto. SECTION 6. AUTHORITY AND DIRECTION. The County Coastal Engineer and other members of County staff are hereby authorized and directed to take such actions as may be necessary or desirable in furtherance of the Project, including but not limited to the following: (A) Obtain easements or other necessary interests or authorizations for construction of the Project. (B) Finalize plans and specifications necessary for construction of the Project. (C) Prepare such resolutions as may be required under the Assessment Procedure Resolution in order to impose and collect Assessments and to provide for partial financing of the Project through the issuance of Obligations secured by such Assessments. (D) Finalize an apportionment methodology for allocation of the Assessments among specially benefited property and develop a preliminary Assessment Roll for consideration by the Board. (E) Prepare such agreements by and between the District and the St. Lucie County Tax Collector and St. Lucie County Property Appraiser as may be required by the Uniform Assessment Collection Act. (F) Implement procurement processes pertaining to construction of the Project and issuance of Obligations to finance that portion of the Project to be paid through Assessments. (G) Mail and publish any required notices. (H) Take such other actions as may be required by the Assessment Procedure Resolution or by the terms and conditions applicable to DEP grant funding. 2 SECTION 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption. AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Chair Frannie Hutchinson _~ Vice Chair Tod Mowery _g~ Commissioner Chris Craft _~ Commissioner Paula A. Lewis ~}~ PASSED AND DULY ADOPTED this J day of ~sZ 2012. ~`~~~' `~ '~'`~ EROSION DISTRICT BOARD ' "~~ `~~., ST. LUCIE COUNTY, FLORIDA ~. r ATTEST: f ~~ } ~~ Chairman 3 APPROVED AS TO FORM AND APPENDIX A 2012 BALLOT RESULTS PERTAINING TO LEVY AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND BEACH AND DUNE RESTORATION ON SOUTH HUTCHINSON ISLAND As per County Ordinance No. 1-13.5 and Erosion District Resolution No. 11-004, in cases where assessment amounts are not substantially equal (a variance between the highest and lowest assessments of more than 20%), the requirement for a majority of property owners shall mean the owners of land liable for 51% of the proposed assessment. Therefore, balloting results are weighted based on the proposed assessment amount for each parcel. Total ballots mailed: 5,213 Total ballots returned: 2,855 Ballots returned represent: $2,318,303.24 Percentage in favor by assessment: 55.02% - $1,275,451.33 Percentage against bx assessment: 44.98% - $1,042,851.91 Further ballot information: Percentage in favor by parcel: 66.69% - 1,904 Percentage against by parcel: 33.31% - 951 4 Exhibit B ~,~ 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, Sherri Cipriani, 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. Ad Pub Customer Number Date Copyline PO # ST LUCIE COUNTY 2398312 5/15/2012 NOTICE OF PUBLIC HEARING SAD BOCC Sworn(to anti subscribed before me this day of, May 15, 2012, by ~~ .~ ,, ' ~ . I ~`` ~' ~ ' ~ ~ '~ _, who is Sherri Cipriani [ ersonally known to me or [ who has produced as identification. ~ ~ tiL Michael Merone ~ Notary Public .~.irNlrl~.~rlfR• ,,.a~aa,,,~ MlCMAEL MERONE •• ~ 'o ~ ~'~'~ Notary Public -State of FloriQa i ~~ E My Comm. Expires May 20, 2014 y%'E d*;~, Commission N DO 994177 NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES -~ ~, f ~ t