HomeMy WebLinkAbout13-162Attachment "A"
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3873835 09/10/2013 at 08:47 AM
OR BOOK 3556 PAGE 2456 - 2470 Doc Type: RESO
RECORDING: $129.00
ST. LUCIE COUNTY, FLORIDA
FINAL ASSESSMENT RESOLUTION
SOLID WASTE SERVICES
ADOPTED September 3, 2013
TABLE OF CONTENTS
Pnge
SECTION 1. AUTHORITY ...........................................................................................................3
SECTION 2. DEFINITIONS AND INTERPRETATION ....................................................4
SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION AND
DISPOSAL ASSESSMENTS ........................................................................... 4
SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION?
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION .................................................7
SECTION 6. EFFECTIVE DATE ............................................................................................7
APPENDIX A:AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS ................................................................................A-1
APPENDIX B: PROOF OF PUBLICATION .......................................................................................... B-1
APPENDIX C: FORM OF CERTIFICATE TO NON-AD VALOREM
ASSESSMENT ROLL ....................................................................................... C-1
RESOLUTION 13-162
A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA,
RELATING TO THE COLLECTION AND DISPOSAL OF
SOLID WASTE IN ST. LUCIE COUNTY, FLORIDA;
AMENDING THE PRELIMINARY ASSESSMENT
RESOLUTION; ESTABLISHING THE RATE OF
ASSESSMENT; IMPOSING SOLID WASTE SERVICE
ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED
WITHIN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR
THE COLLECTION; APPROVING THE ASSESSMENT ROLL;
CONFIRMING THE PRELIMINARY ASSESSMENT
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has
enacted Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County (the
"Ordinance"), which authorizes the imposition of annual Solid Waste Service Assessments
for Solid Waste collection, disposal and administrative services, facilities or programs
against certain Assessed Property within St. Lucie County;
WHEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste
collection, disposal and administrative services, facilities or programs for each Fiscal Year is
an equitable and efficient method of allocating and apportioning Solid Waste Costs among
parcels of Assessed Property;
WHEREAS, on September 14, 2004, the Board adopted Resolution No. 04-201 which
authorized the imposition of an assessment program for Solid Waste collection, disposal and
administrative services, facilities or programs within the County Urban Services Area using
the tax bill collection method commencing with the 2004 Fiscal Year;
WHEREAS, on July 16, 2013, the Board adopted Resolution No. 13-121 (the
"Preliminary Assessment Resolution"), containing a brief and general description of the Solid
Waste collection, disposal and administrative services, facilities or programs to be provided
to Assessed Property, describing the method of apportioning the Solid Waste Costs to
compute the Solid Waste Service Assessment for Solid Waste collection, disposal and
administrative services, facilities or programs against Residential Property, designating a
rate of assessment, a separate Assessment Roll for any Residential Property that is
delinquent in payments of the Solid Waste Cost for prior Fiscal Years and directing
preparation of the Assessment Roll and provision of the notice required by the Ordinance;
1
WHEREAS, pursuant to the provisions of the Ordinance, the Board is required to
confirm or repeal the Preliminary Assessment Resolution, with such amendments as the
Board deems appropriate, after hearing comments and objections of all interested parties;
WHEREAS, the Assessment Roll has heretofore been made available for inspection
by the public, as required by the Ordinance;
WHEREAS, on August 13, 2013, notice of a public hearing has been published and, as
required by the terms of the Ordinance and the Preliminary Assessment Resolution, mailed
to each Owner of Residential Property proposed to be assessed notifying such Owners of
their opportunity to be heard. An affidavit regarding the form of notice mailed to each
Owner of Residential Property is attached hereto as Appendix A and the proof of
publication is attached hereto as Appendix B; and
WHEREAS, a public hearing was held on September 3, 2013, and comments and
objections of all interested persons have been heard and considered as required by law;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY.
This resolution is adopted pursuant to Chapter 1-9 of the Code of Ordinances and
Compiled Laws of St. Lucie County; Florida, Resolution No. 04-201; Article VIII, Sectionl(f),
Florida Constitution; sections 125.01 and 125.69, Florida Statutes; and other applicable
provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION.
This resolution constitutes the Final Assessment Resolution as defined in the
Ordinance. All capitalized terms in this resolution shall have the meanings defined in the
Ordinance and the Preliminary Assessment Resolution.
SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION AND DISPOSAL
ASSESSMENTS.
(A) The parcels of Assessed Property described in the Assessment Roll, which is
hereby approved, are hereby found to be specially benefited by the provision of Solid Waste
collection, disposal and administrative services, facilities or programs described in the
Preliminary Assessment Resolution, in the amount of the Solid Waste Service Assessment
2
set forth in the Assessment Roll, a copy of which was present at the above referenced public
hearing and is incorporated herein by reference. It is hereby ascertained, determined and
declared that each parcel of Assessed Property within the County Solid Waste Urban
Service Area will be benefited by the County's provision of Solid Waste collection, disposal
and administrative services, facilities or programs in an amount not less than the Solid
Waste Service Assessment for such parcel, computed in the manner set forth in this
Resolution. Adoption of this Final Assessment Resolution constitutes a legislative
determination that all parcels assessed derive a special benefit, as set forth in the
Ordinance and the Preliminary Assessment Resolution from the Solid Waste collection,
disposal and administrative services, facilities or programs to be provided and a legislative
determination that the Solid Waste Service Assessments are fairly and reasonably
apportioned among the Residential Properties that receive the special benefit as set forth
in the Preliminary Assessment Resolution.
(B) The method for computing Solid Waste Service Assessments described in the
Preliminary Assessment Resolution is hereby approved.
(C) For the Fiscal Year beginning October 1, 2013, the Solid Waste Cost shall be
allocated among all parcels of Assessed Property, based upon each parcels' classification as
Residential Property and the number of Dwelling Units for such parcels. An annual rate of
assessment equal to $252.06 for each Dwelling Unit is hereby approved. Solid Waste
Service Assessments for Solid Waste collection and disposal services, facilities or programs
in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and
imposed on all parcels of Assessed Property described in the Assessment Roll.
(D) Any shortfall in the expected Solid Waste Service Assessment proceeds due
to any reduction or exemption from payment of the Solid Waste Service Assessments
required by law or authorized by the Board shall be supplemented by any legally available
funds, or combination of such funds, within the solid waste enterprise fund.
(E) As authorized in Section 1-9-71 of the Code of Ordinances and Compiled Laws
of St. Lucie County, Florida, Interim Solid Waste Service Assessments are also levied and
imposed against all Residential Property for which a Certificate of Occupancy (or Building
Permit as chosen by the Board) is issued beginning June 1, 2013, or has otherwise been
inadvertently omitted from the Assessment Roll, based upon the rates of assessment
approved herein. The County shall provide invoices to those Residential Properties
requesting payment in the amounts set forth herein. Failure of the Property Owner to pay
such amounts within forty-five (45) days shall render these amounts delinquent. Such
delinquencies may be collected by any lawful means, including but not limited to, the
institution of an action to collect the amounts owed or their inclusion on the subsequent
3
years Tax Bill. In addition, the Building Department shall be authorized to also collect an
administrative fee of 2% of the amount of the Interim Solid Waste Assessment to pay for
the costs of collection and processing. The amount which shall be imposed upon Interim
Solid Waste Assessments, including the administrative fee, shall be $21.45 per month per
Dwelling Unit for each month until such Residential Property can be placed on an Assessment
Roll.
(F) As authorized by 1-9-71 of the Code or Ordinances and Compiled Laws of St.
Lucie County, Florida, Solid Waste Service Assessment delinquencies may be collected by
any lawful means, including but not limited to, the institution of an action to collect the
amounts owed or their inclusion on the subsequent years Tax Bill. The Assessment Roll
includes Solid Waste Assessment that are delinquent to date.
(G) Such Solid Waste Service Assessments shall constitute a lien upon the
Assessed Property so assessed 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.
(H) The Assessment Roll, as herein approved, shall be delivered to the Tax
Collector for collection using the tax bill collection method in the manner prescribed by the
Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied by
a Certif icate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto
as Appendix C.
SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION.
The Preliminary Assessment Resolution contained a typographic error which
incorrectly listed the rate to be levied in one paragraph. The notices that were provided
reflected the correct rate as did the other references to the rate to be levied within the
Preliminary Assessment Resolution. Therefore, the Preliminary Assessment Resolution as
corrected to reflect throughout that the rate to be levied is $252.06, is hereby confirmed.
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION.
The adoption of this Final Assessment Resolution shall be the final adjudication of
the issues presented herein (including, but not limited to, the method of apportionment, the
rate of assessment, the Assessment Roll and the levy and lien of the Solid Waste Service
Assessments for Solid Waste collection, disposal and administrative services, facilities or
4
programs) unless proper steps shall be initiated in a court of competent jurisdiction to
secure relief within 30 days from the date of this Final Assessment Resolution.
SECTION 6. EFFECTIVE DATE.
This resolution shall take effect immediately upon adoption.
PASSED, ADOPTED AND APPROVED THIS 3rd day of September 2013.
(SEAL)
ATTEST:
By:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
By:
Chnirmnn
APPROVED AS TO FORM
AND CORRECTNESS:
By: n~---~-~- ~--
County Attorney
5
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Debbie Scribner, who, after
being duly sworn, deposes and says:
1. Debra L. Scribner, pursuant to the authority and direction received from
the Board of County Commissioners, timely directed the preparation of the Assessment
Roll and the preparation, mailing, and publication of notices in accordance with Chapter 1-9,
Code of Ordinances and Compiled Laws of St. Lucie County, Florida (the "Ordinance"), in
conformance with the Preliminary Assessment Resolution adopted by the Board on July 16,
2013 (the "Preliminary Assessment Resolution").
2. In accordance with the Ordinance, Ms. Scribner supervised and directed the
moiling of individual mailed notices to the owner of each Assessed Property contained upon
the Assessment Roll. The notice was substantially in the form as contained in the
Preliminary Assessment Resolution and included the following: the purpose of the
assessment; the total amount proposed to be levied against each parcel; the unit of
measurement to be applied against each parcel to determine the assessment; the number
of such units contained within each parcel; the total revenue the County expects to collect
by the assessment; a statement that failure to pay the assessment will cause a tax
certificate to be issued against the property which may result in n loss of title; a
statement that all affected property owners have a right to appear at the hearing and to
file written objections with the local governing board within 20 days of the notice; and the
date, time, and place of the hearing.
FURTHER AFFIANT SAYETH NOT.
~,
Debra L. Scribner, Affiant
STATE OF FLORIDA
COUNTY OF ST. LUCIE COUNTY
The for oing Affidavit of Mailing was sworn to and subscribe is ~ day
of , 2013, by bebra L. Scribner. She is onall ~~o me or has
produced as identification and did take an oath. -
Printed me: h t~J
Notary Public, State of Florida At Large
My Commission Expires
-st~vena~-- .
Commission No.: `~ "''~
~QN # EE 180379._..._..
_-~~'E1(PIRES: Apd 2/, 2017
~~~af~d~ BpgbllwBYdpMNcgrySarices
VIA: E-MAIL
Beth.Jack@scripps.com
August 05, 2013
The News Tribune
Attn: Beth Jack
RE: St. Lucie County Solid Waste
Notice of Public Hearing
Dear Beth:
Attached is the Notice of Public Hearing to be published on or before August 13th. Prior to
publication, please provide a "proof copy" of the publications for our review.
Please forward the "Proof of Publication" as well as the invoice addressed to my attention.
Thank you for your assistance in this matter. If you have any questions, please do not hesitate
to give me a call at 462-1631.
Thanks
Debbie Scribner
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NOTICE OF HEARINOTO IMPOSE AND
PROVIDE FOR COLLECTION OF SOLID WASTE
SERVICE SPECIAL ASSESSMENTS
Notice h hereby ghee 4tail the Board a corny commisdorten
d St. Luck CtxtNy, Horlda (tfw'Board') wi corxhtri a pudic
hearing to consider irttposirp sdid waste special assosunenta
agdnd certakt Improved roddentid properties bcdsd wninn
the Count' Solid Whsle Urban Stxvke Area to land me cod
d sand wade management. omacnon, orW tlisposd services.
famines rind programs provided to such propertks and to
autlwrl2e cdkcnon d such aawasmertis on the tea bi/.
The twaring veil be held in the CourNy Commission Chambers
d 6:00 P.m. on Septembw 3. 2013. « tx soon ifleraaner w
the n+atsr may ba fttstird In the 51. Lade Count' Cammlasian
Chambers bcofed on iha ihkd Flo« in the St. luele Count'
AdmlMsirtinatt Arxiez, 2300 Yrrginio Avenue. Fort Pierce. Florida,
(« ttx purpose d recNvirtp pubic comment an Itte proposed
asseumenis.AU akaad properly owners now a tight to appear
d ifw fvatirtg Crtd 10I1e written objoctfons with the Board wilhln
20 days a this rwlfco.N a person decides to aapptid any dedsion
made by the Board with respat~t to onf retatter considered d the
he«k,g, such peraan wii Head a record a the proctaedrtgs tans
may need fo ensue that a verbatim retail u made. inmadrtg
the ttas8mtxry and eWtiertce upon wMch the tipped u to bo
made, fn ticcordortce with the Americans with D'gtriiWies Ad.
persons rtsetirp a spedol occorrvvtodatiarA «an interproter b
parfldprAe in iNs proceadrtg Mould cmtact Ge«gn tadry,
noA Coordkwaltx d p72) d6Z-1546 «ioo (n2) d62.1d26. d
least seven daryt prior to tlw dote d Bros tworing.
The aasessmtmts wIN be corrtpufttd br rrtWtipying ties rxirrtba
d dwNing urYts on each parcel by the tar a asaeurnent.
ifta tae d assessment f« the tlpeorrvng focal year artdl be
5252.06 pa dweiing tnn.lhe m«timurn tar d assessment the
can be d,aged In htttare trod yen vdthoul odtlmtxval name
thdl be 5252.06 per dweilrsg urn. Copies a the osseument rdL
ihtswing ltle OTaUN a ifte O63BSartteflf f0 be imposed agdnst
each p«eN a property, and the tegd docun.rtfdion raldingto
tfw asseuntents are ohroiabk fa inspecitxt d itw oltice d the
St. Lade Carly Properly Appraiser. 2300 VlrgiNa Avonle, Sane
e107. Fart Rerce. Florida. AddnortrNy, prat years aasessmsrAts
agoirnt rzrlain prapedles ihd were inadvertently not cdlected
on a prl« t0a year's bit ahd dso be included,
iFte aaseasmenta veil be coleahld on the tail vdorertt Bret b# to
be milled in Noventbw 2013. as aunAOrtred W Section 197.3632,
Florida Statutes. Fdlure to pay the assessments wN cause a Brat
cenMt:ah to a issued agakuf the property wt>Ich may reult st
a lass d title.
n you tAave orN questions, please contact the CourAy a
(772) 4625112. hbrttivy through Friday beMeen 8:00 a.m.
end 5:00 p.m.
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SCRIPPS TREASURE COAST NfiNSPAPERS
1939 SE Federal Highway, Stuart, Plorida 39999
Affidavit of Publicetlon
Scripps Treasure Coast Newapap
ROIi RO8ERT5
ST LUCIE COUNTY SOLID NASTE
2300 VIRGINIA AVE
FT PIERCE FL 34982-5653
REFERENCE: 15612358
2880461 PUBLIC NEARING
STATE OP FLORIDA I.
COUNTY OF MARTIN, ST. LUCIE and INDIAN RZYER ~
Before the undersigned authority personally
appeared and who on oath says that he/she is the
Acct Adv Clark of Scripps Treasure Coast Nexspaper~
which publiebea 3 daily newspapers in Martin CnCy:~
The Stuart Newa; SC Lucie Cnty: St Lucie News ~
Tribune: and Indian River Cnty: The Indian
River Press Journalr Affiant Lurtber states
that these newspapers ate publiabed daily, xith
offices and paid circulation in said eountisa, ands
diet ributed in said counties for one year
preceding the first publication of the attached
copy of advertisawentr and atfianC Lurther states ~
that he/aha has neither paid nor promised any
person, fire or cocporatlon any discount, rebaee,
commission or rotund Lor Ufe purpoaa of securing ~
this advertisement for publication in the said ~
newapaperlal. These newspapers have bean entered
as second claea matter at the pose office of
Martin, St. Lucie and Indian River Counties and
have been for a period oL one year preceding the
first publication of the attached copy of ~
advertisement. ~
PUBLI51fED ON: OB/12
AD SPACE: 35.000 INCN
FILED ON: 00/14/13
________________..----_-.______--__--.---____7~___t-_+._---._-__________--_
Sw q,.t and aubsctibed before me chi: dsy of(iVA.C.t. ~`~ c~t7 /_~ by
~(/~ / who is O
Per onall '~r`[~/t
y own to ~w 2r
[ ] who ha~~p~ ced as identification.
NoCary: k' L ~ r~._._ My Comnieaion Expires:
~;~w~•
£~°. a ,~ MARY T BYANE
~, . E Notary Publk - 6tate of t~orida
My Comm. Expires Aup 2, 2014
'~? M~,.+° Commissfon rk EE 7134
~~ a he ;.~>t ~ uc;~ ~J~w; Tnbtln~
a Tl~z lndta:~ ks:~~i Przss i:~tlt-na
APPENDIX C
FORM OF CERTIFICATE TO
NON-AD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, as an 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 solid waste services (the "Solid Waste Service
Assessment Roll") for the 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 ~~ ®yErv~,~ , 2013.
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 ,~1 day of Jl~~ 2013.
ST. LUCIE COUNTY, FLORIDA
Bye /"/(>Vo~G~ ~~ - C~rx . • O.
Christian Sutton-Hardie
[to be delivered to Tax Collector prior to Septembcr 15]