HomeMy WebLinkAbout14-121ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
NOA MUNICIPAL SERVICES BENEFIT UNIT
INITIAL ASSESSMENT RESOLUTION
ADOPTED August 12, 2014
TABLE OF CONTENTS
PAGE
ARTICLE I
INTRODUCTION
SECTION 1.01. AUTHORITY ...................................................................................................1
SECTION 1.02. DEFINITIONS .................................................................................................2
SECTION 1.03. INTERPRETATION ........................................................................................4
SECTION 1.04. FINDINGS .......................................................................................................4
ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED PROJECT COST ......................................................................7
SECTION 2.02. AUTHORITY AND DIRECTION .................................................................7
SECTION 2.03. PUBLIC HEARING ........................................................................................8
ARTICLE III
ASSESSMENTS
SECTION 3.01. MUNICIPAL SERVICES BENEFIT UNIT ................................................. 10
SECTION 3.02. UTILITY SERVICE PROVIDER .................................................................. 10
SECTION 3.03. IMPOSITION OF ASSESSMENTS ............................................................. 11
SECTION 3.04. APPORTIONMENT APPROACH ............................................................. 11
SECTION 3.05. APPLICATION OF ASSESSMENT PROCEEDS ...................................... 13
SECTION 3.06. COLLECTION OF ASSESSMENTS ........................................................... 13
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. CONFLICTS ..................................................................................................14
SECTION 4.02. SEVERABILITY .............................................................................................14
SECTION 4.03. EFFECTIVE DATE ........................................................................................15
APPENDIX A NOA MSBU LEGAL DESCRIPTION
APPENDIX B INTERLOCAL AGREEMENT - FPUA
Initial Assessment Resolution
RESOLUTION N0.2014-121
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS RELATING TO THE
IMPOSITION AND COLLECTION OF SPECIAL
ASSESSMENTS TO FUND POTABLE WATER AND FIRE
PROTECTION IMPROVEMENTS TO PROPERTIES
WITHIN THE PROPOSED NOA MUNICIPAL SERVICES
BENEFIT UNIT; DESCRIBING THE PROPERTY TO BE
LOCATED WITHIN THE NOA MUNICIPAL SERVICES
BENEFIT UNIT; PROVIDING FOR THE IMPOSITION OF
SPECIAL ASSESSMENTS THEREIN; ESTIMATING THE
PROJECT COST TO BE FUNDED THROUGH SPECIAL
ASSESSMENTS; ESTABLISHING THE METHOD OF
APPORTIONING THE SPECIAL ASSESSMENT AMONG
AFFECTED REAL PROPERTY; DIRECTING THE
ASSESSMENT COORDINATOR TO PREPARE A
PRELIMINARY ASSESSMENT ROLL; APPROVING THE
INTERLOCAL AGREEMENT WITH FORT PIERCE
UTILITIES AUTHORITY AND THE CITY OF FORT
PIERCE; AUTHORIZING AND DIRECTING STAFF TO
TAKE SUCH ACTIONS AS MAY BE NECESSARY IN
FURTHERANCE OF SUCH PROJECT AND THE
FINANCING OF THE COST THEREOF THROUGH
SPECIAL ASSESSMENTS; ESTABLISHING A PUBLIC
HEARING TO CONSIDER IMPOSITION OF THE
PROPOSED ASSESSMENTS; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE
COUNTY AS FOLLOWS:
ARTICLE I
INTRODUCTION
SECTION 1.01. AUTHORITY. This Resolution of the St. Lucie County Board of
County Commissioners (the "Board") is adopted pursuant to the provisions of Chapter
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Initial Assessment Resolution
1-13.6 of the County Code of Ordinances, sections 125.66, 197.3632, and 197.3635 of the
Florida Statute, and other applicable provisions of law.
SECTION 1.02. DEFINITIONS. This Resolution constitutes an Initial
Assessment Resolution within the meaning of the Assessment Ordinance. All capitalized
words and terms not otherwise defined herein shall have the meaning set forth in the
Assessment Ordinance. As used in this Resolution, the following terms shall have the
following meanings, unless the context hereof otherwise requires.
"Assessed Cost" means the costs of the Project to be funded through the imposition
of Assessments against Assessed Property, an estimate of which is included in Section 2.01
hereof.
"Assessed Property" means all parcels of real property included in the Assessment
Roll that receive a special benefit from the Project.
"Assessment Coordinator" means the chief administrative officer of the County, or
such person's designee responsible for coordinating calculation and collection of
Assessments as provided herein.
"Assessment Ordinance" means Chapter 1-13.6 of the County Code of Ordinances
as may be amended from time to time.
"Assessment Roll" means the special assessment roll created pursuant to Section 1-
13.6-7 of the Assessment Ordinance and described in Section 2.02 (A) hereof.
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Initial Assessment Resolution
"Assessment" means a special assessment (sometimes characterized as a non-ad
valorem assessment) levied by the Board to fund the costs of providing municipal services
and facilities.
"Board" means the board of county commissioners of St. Lucie County, Florida.
"Clerk" means the clerk of St. Lucie County.
"Collection Costs" means costs incurred by the Board in the annual collection and
administration of the Assessments, including but not limited to fees imposed by the
Property Appraiser and Tax Collector and amounts necessary to account for statutory
discounts for the early payment of property taxes and non-ad valorem assessments.
"County" means St. Lucie County, Florida.
"Equivalent Residential Connection" or "ERC" the equivalency unit attributed to
parcels within the Noa MSBU to approximate the relative benefit conveyed to such parcels.
"Fiscal Year" means the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as may be
prescribed by law as the fiscal year for the County.
"Noa MSBU" means the proposed Noa Municipal Services Benefit Unit, as described
in Section 3.01 hereof.
"Parcel" means a parcel of property to which the St. Lucie County Property
Appraiser has assigned a distinct ad valorem property tax identification number.
"Petitions" means written petitions or straw ballots summited to the Board by
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Initial Assessment Resolution
affected parcel owners pursuant to section 1-13.6-5 of the Assessment Ordinance.
"Project" means the potable water and fire protection improvements contemplated
hereunder which will specially benefit Assessed Property within the Noa MSBU.
"Tax Roll" means the real property ad valorem tax roll maintained by the Property
Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635,
Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem
assessments on the same bill as ad valorem taxes, and any applicable regulations
promulgated thereunder.
SECTION 1.03. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number, and vice versa; the terms
"hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution;
and the term "hereafter" means after, and the term "heretofore" means before, the effective
date of this Resolution. Words of any gender include the correlative words of the other
gender, unless the sense indicates otherwise.
SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared
that:
(A) St. Lucie County (the "County") and Ft. Pierce Utilities Authority have
collaborated in extensive preliminary undertakings related to the design, construction, and
acquisition of the potable water and fire protection improvements comprising the Project,
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Initial Assessment Resolution
including but not limited to conducting engineering studies and due diligence, designing
the improvements; and, developing a cost estimate, plan of finance, and project schedule.
(B) The plan of finance for the Project involves the levy and collection of
Assessments on parcels within the Noa MSBU pursuant to the Assessment Ordinance and
the Uniform Assessment Collection Act.
(C) Preliminary Petitions submitted to the County indicate that 95% of the
affected parcel owners support the imposition of Assessments to fund the Project.
(D) The Board is authorized by the Uniform Assessment Collection Act to levy
and collect Assessments, and the Assessment Ordinance established a procedure for the
levy and collection of Assessments by the Board for the purpose of providing essential
facilities and services such as the Project.
(E) The Project will convey special benefits to Parcels within the Noa MSBU
including but not limited to: access to a centralized, publicly owned and operated water
utility system which will provide an increase in market valuation, enhanced
development/re-development potential, availability of water treated to comply with
regulatory drinking water standards, and heightened use, marketability, enjoyment and
value of the real property specially benefitted by the Project. The improvements comprising
the Project are designed to meet the capacity requirements of the specially benefiting
properties within the Noa MSBU; hence, 100 percent of the costs are associated with
providing special benefit.
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Initial Assessment Resolution
(F) The apportionment of Assessments based upon the Equivalent Residential
Connection system described in Section 3.04 hereof is a fair and reasonable method for
apportioning the costs of the Project and the special benefit conveyed thereby among
Assessed Property, and bears a reasonable relationship to the cost of providing the Project.
(G) The Board hereby finds and determines that the Assessments to be imposed
in accordance with this Initial Assessment Resolution provide a proper and equitable
method of funding the Project by fairly and reasonably apportioning the costs thereof
among specially benefitted property.
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Initial Assessment Resolution
ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED PROJECT COST.
(A) The estimated maximum Assessed Cost of the Project is $258,000.
(B) Unless determined otherwise by subsequent resolution of the Board, the
Assessed Cost will be collected, together with Collection Costs, pursuant to the Uniform
Assessment Collection Act in not more than twenty (20) annual installments.
(C) The Assessment rates established in this Initial Assessment Resolution shall
be maximum rates applied by the Assessment Coordinator in the preparation of the
preliminary Assessment Roll as provided in Section 2.02(A) of this Initial Assessment
Resolution.
SECTION 2.02. AUTHORITY AND DIRECTION. The Assessment
Coordinator and other members of County staff are hereby authorized and directed to take
such actions as maybe necessary or desirable in furtherance of the Project, including but not
limited to the following:
(A) Prepare, or cause to be prepared, a preliminary Assessment Roll for the Fiscal
Year commencing October 1, 2014, in the manner provided in Section 1-13.6-7 of the
Assessment Ordinance. The Assessment Roll shall include all Parcels within the Noa
MSBU. The Assessment Coordinator shall apportion the estimated Assessed Cost to be
funded through Assessments in the manner set forth in this Initial Assessment Resolution.
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Initial Assessment Resolution
A copy of this Initial Assessment Resolution and the preliminary Assessment Roll shall be
maintained on file in the office of the Assessment Coordinator and open to public
inspection. The foregoing shall not be construed to require that the preliminary
Assessment Roll be in printed form if the amount of the Assessment for each parcel of
property can be determined by the use of a computer terminal or Internet access available
to the public.
(B) Finalize plans and specifications necessary for construction of the project.
(C) Prepare such additional resolutions as may be required under the Assessment
Ordinance in order to impose and collect Assessments and to provide for financing of the
Project through the issuance of Obligations secured by such assessments.
(D) Prepare such agreements by and between the Board and the St. Lucie County
Tax Collector and the St. Lucie County Property Appraiser as may be required by the
Uniform Assessment Collection Act.
(E) Implement procurement processes pertaining to construction of the Project
and issuance of Obligations to finance the Project to be paid through Assessments.
(F) Mail and publish any notices required by the Assessment Ordinance,
including mailed and published notice of the public hearing established by Section 2.03
hereof.
(G) Take such other action as may be required by the Assessment Ordinance.
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Initial Assessment Resolution
SECTION 2.03. PUBLIC HEARING. There is hereby established a public
hearing to be held at 6:00 p.m. on December 2, 2014 in Commission Chambers, 2300
Virginia Avenue, Fort Pierce Florida, at which time the Board will receive and consider any
comments on the Assessments from the public and affected property owners and consider
imposing the Assessments and authorizing collection pursuant to the Uniform Assessment
Collection Act. At the conclusion of the public hearing, the Board will consider adoption of
a Final Assessment Resolution as provided for in Section 1-13.6-7 of the Assessment
Ordinance.
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Initial Assessment Resolution
ARTICLE III
ASSESSMENTS
SECTION 3.01. NOA MUNICIPAL SERVICES BENEFIT UNIT. The proposed
Noa MSBU is described in Appendix A attached hereto. The Project entails the installation
of approximately 2,700 linear feet of potable water mains, fire hydrants, and individual
water services to benefit parcels on Russ Road between Oleander Avenue and Melville
Road, parcels on Melville Road between Ulrich Road and Noa Street, and parcels on Noa
Street.
SECTION 3.02. UTILITY SERVICE PROVIDER.
(A) This proposed Noa MSBU is located within the utility service area of Ft.
Pierce Utilities Authority ("FPUA"). Upon completion of the Project, FPUA will provide
potable water service to the Parcels comprising the Noa MSBU. FPUA has agreed to
design, permit, and bid the Project and to provide construction management and inspection
services at no cost to the owners of Assessed Property. FPUA has also agreed to contribute
$34,979 towards the Project to offset the Capital Improvement Charges imposed by FPUA
upon new connections to the FPUA utility system.
(B) An interlocal agreement, as drafted by the County, has been approved by
FPUA and the City of Ft. Pierce. This agreement establishes the duties of each party in
bringing the Project to fruition and is attached hereto as Appendix B.
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Initial Assessment Resolution
(C) The Board hereby approves the attached Interlocal Agreement and authorizes
the Chairman to execute same with such modifications, if any, as maybe approved by the
County Attorney, with such execution to constitute conclusive evidence of the Chairman's
approval and the Board's approval of any changes therein.
SECTION 3.03. IMPOSITION OF ASSESSMENTS. Assessments shall be
imposed against Assessed Property located within the Noa MSBU, the annual amount of
which shall be computed for each Parcel in accordance with this Article III. When imposed,
the Assessment for each Fiscal Year shall constitute a lien upon Assessed Property as
provided in the Assessment Ordinance. Such lien shall be equal in rank and dignity with
the liens of all state, county or municipal taxes and other non-ad valorem assessments, and
except as otherwise provided by law, shall be superior in dignity to all other liens, titles and
claims, until paid.
SECTION 3.04. APPORTIONMENT APPROACH.
(A) The traditional unit employed by the County for apportioning the cost of
potable water systems is the assignment of ERCs as described below. Such ERC-based
apportionment methodology is in widespread use throughout the state and is hereby
approved and adopted as the apportionment method for the Noa MSBU Assessments.
(B) The Noa MSBU is substantially composed of similarly sized platted single
family residential lots which allows for a relatively high level of certainty in the design and
sizing of the potable water and fire protection improvements required to serve the Parcels
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Initial Assessment Resolution
therein, regardless of the size of single family dwelling units located on or built thereon.
Accordingly, it is fair and reasonable to use an ERC method for computing the NOA MSBU
Assessments based upon assigning one (1) Equivalent Residential Connection for each
single family dwelling unit or subdivided residential building lot capable of development
with a single family dwelling, regardless of the size of the dwelling unit or lot.
(C) Because of the predominantly residential nature of the Noa MSBU, the ERC
system described herein does not include commercial use as an apportionment factor.
(D) There are currently thirty-six (36) Parcels within the Noa MSBU. Thirty-five
(35) of the Parcels are currently developed or capable of being developed with one (1)
single family dwelling unit, and each such Parcel is hereby attributed one (1) ERC per
dwelling unit.
(E) The remaining Parcel (currently assigned parcel ID # 3410-211-0001-0003 by
the Property Appraiser) is vacant and consists of approximately 13.84 acres zoned for both
residential and commercial purposes (including any subdivision thereof, the "Melville Road
Parcel"). The MSBU Coordinator has determined that if the Melville Road Parcel were
developed to maximum density, it would create a demand on the improvements
comprising the Project of approximately fifty-five (55) ERCs. However, the design of the
Project does not involve looping of the contemplated water mains, such that the amount of
capacity ultimately available to serve the Melville Road Parcel is sharply limited.
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Initial Assessment Resolution
(F) Based on the current design parameters of the Project, the MSBU Coordinator
estimates that a maximum of four (4) ERCs can be reserved for the Melville Road Parcel.
That estimate is a function of both the portion thereof adjacent and readily accessible to the
improvements comprising the Project and the County's current zoning requirements
(which provide for a minimum lot width of one hundred (100) feet).
(G) The owners of the Melville Road Parcel were given an opportunity to reserve
a greater or lesser number of ERCs for such Parcel, but did not express intent to do so.
Accordingly, the Melville Road Parcel is hereby attributed four (4) ERCs. Upon subdivision
of the Melville Road Parcel, the four (4) ERCs will be attributed to the Parcel or Parcels
adjacent to the improvements comprising the Project, consistent with the methodology
approved herein.
(H) Future development of the Melville Road Parcel may be limited by the
available capacity of the FPUA utility system and the improvements comprising the
Project, and the County gives no assurances that additional capacity will be available to
support such development.
(I) If the owners of the Melville Road Parcel determine to develop the property
to a density in excess of four (4) ERCs, and assuming capacity for the development is
available, such owners may incur additional costs including but not limited to payment for
looping of the water main extensions comprising the Project. The Melville Road Parcel
shall also be subject to any applicable impact fees, connection fees and Assessments
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Initial Assessment Resolution
calculated in the manner set forth herein (one (1) ERC per single family dwelling unit or
subdivided residential building lot capable of development with a single family dwelling
and one (1) ERC per fifteen hundred (1500) square feet of building space for non-residential
or commercial development since fifteen hundred (1500) square feet is the average size of
the residential dwelling units currently comprising the Noa MSBU). Issuance of a building
permit for the Melville Road Parcel may be premised upon payment in full of any such
additional costs.
(J) Typically, each single family residential lot is attributed one (1) ERC for
purposes of calculating the Assessments. However, maximum flexibility is afforded to
owners of Parcels in terms of the numbers of ERCs they reserve, consistent with legal
requirements for implementation of a municipal service benefit unit and the related
financing.
(K) Owners of parcels which are subject to multiple ERCs were given the
opportunity to enter into a Restrictive Covenant Agreement, thereby restricting future
development of their property to some lower density resulting in a lower number of ERCs
being assigned to their property.
(L) The final number of ERCs assigned to each parcel is based on the maximum
ERCs estimated for the Parcel unless the owner reserved a different number of ERCs in an
executed Restrictive Covenant Agreement.
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Initial Assessment Resolution
(M) The estimated assessment amount per ERC is $8,848. This amount represents
the maximum estimated project cost, tax collector fees, and amounts as necessary to
account for statutory early payment discounts. The estimated annual assessment amount
per ERC is $709. The annual installments are computed to be sufficient to pay the annual
debt service on the special assessment bonds issued to finance the improvements and/or
any interfund loan provided by the County for purposes of financing the improvements.
(N) It is hereby ascertained, determined, and declared that the method of
determining the Assessments as set forth in this Initial Assessment Resolution is a fair and
reasonable method of apportioning the Assessed Cost among Assessed Property.
SECTION 3.05. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds
derived by the County from the Assessments shall be utilized solely to pay for costs
associated with the Project which may include repayment of Obligations issued for the
purpose of financing the Assessed Cost.
SECTION 3.06. COLLECTION OF ASSESSMENTS. Assessments shall be
collected, together with Collection Costs, pursuant to the Uniform Assessment Collection
Act unless otherwise determined by subsequent resolution of the Board.
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Initial Assessment Resolution
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4.02. SEVERABILITY. If any provision of this Resolution or the
application thereof to any person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of this Resolution that can be given effect without the
invalid provision or application, and to this end the provisions of this Resolution are
declared to be severable.
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Initial Assessment Resolution
SECTION 4.03. EFFECTIVE DATE. This Initial Assessment Resolution shall
take effect immediately upon its passage and adoption.
AFTER MOTION AND SECOND, the vote on this Resolution was as
follows:
Chair Frannie Hutchinson AYE
Vice Chair Paula A. Lewis AYE
Commissioner Kim Johnson AYE
Commissioner Chris Dzadovsky AYE
Commissioner Tod Mowery AYE
PASSED AND DULY ADOPTED this 12th day of August, 2014.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
Deputy Clerk
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
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Initial Assessment Resolution
APPENDIX A
DESCRIPTION OF
NOA MUNICIPAL SERVICES BENEFIT UNIT
A PARCEL OF LAND LYING WITHIN SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE
COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 17,
BLOCK 1 OF WHITE CITY ESTATES AS RECORDED IN PLAT BOOK 9 AT PAGE 48 OF THE PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH LINE OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40
EAST; THENCE EAST ALONG THE SAID NORTH LINE TO A POINT ON THE WEST LINE OF THE EAST 842
FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40
EAST AND THE POINT OF BEGINNING; THENCE SOUTH ALONG THE WEST LINE OF THE EAST 842 FEET
OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10 TO A POINT ON THE NORTH LINE
OF LOT 243 OF WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 23 OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 243 A
DISTANCE OF 319.26 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND RECORDED IN OFFICIAL
RECORD BOOK 3104 AT PAGE 852; THENCE SOUTH ALONG THE EAST LINE OF SAID PARCEL AND
SOUTHERLY EXTENSION THEREOF A DISTANCE OF 331.10 FEET TO A POINT ON THE NORTH LINE OF LOT
40, BLOCK B OF ULRICH SUBDIVISION AS RECORDED IN PLAT BOOK 5 AT PAGE 64; THENCE WEST ALONG
THE NORTH LINE AND WESTERLY EXTENSION THEREOF TO THE SOUTHWEST CORNER OF LOT 5, BLOCK
B OF SAID ULRICH SUBDIVSION; THENCE NORTH ALONG THE WEST LINE AND THE NORTHERLY
EXTENSION THEREOF TO THE SOUTHWEST CORNER OF LOT 5, BLOCK A OF SAID ULRICH SUBDIVISION;
THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 5 BLOCK A TO THE SOUTHWEST CORNER OF LOT 6,
BLOCK A OF SAID ULRICH SUBDIVISION; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 6, BLOCK
A TO THE NORTHWEST CORNER OF SAID LOT 6, BLOCK A; THENCE EAST ALONG THE NORTH LINE OF
BLOCK A OF ULRICH SUBDIVISION TO THE NORTHEAST CORNER OF LOT 13, BLOCK A OF SAID ULRICH
SUBDIVISION; THENCE N 00° 01'09" W ALONG THE WEST LINE OF LOT 230 OF WHITE CITY SUBDIVISION AS
RECORDED IN PLAT BOOK 1 AT PAGE 23 A DISTANCE OF 316.73 FEET TO THE NORTHWEST CORNER OF A
PARCEL OF LAND AS RECORDED IN ORB 1573, PAGE 244 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY;
THENCE S 89° 54' 58" E ALONG THE NORTH LINE OF SAID PARCEL AND THE EASTERLY EXTENSION
THEREOF A DISTANCE OF 446.65 FEET; THENCE N 00° 02'00" W A DISTANCE OF 1.23 FEET; THENCE S 89°
55'44" E A DISTANCE OF 198.8 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT OF WAY LINE OF
MELVILLE ROAD; THENCE NORTH ALONG SAID EAST RIGHT OF WAY LINE OF MELVILLE ROAD TO A
POINT OF INTERSECTION WITH THE NORTH LINE OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST;
THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 10 TO THE POINT OF BEGINNING.
LESS AND EXCEPT ROAD AND CANAL RIGHT OF WAYS OF RECORD.
SEPTEMBER 4, 2013
RON HARRIS
COUNTY SURVEYOR
Initial Assessment Resolution
APPENDIX B
Interlocal Agreement
INTERLOCAL AGREEMENT C
NOA STREET MSBU
THIS AGREEMENT made and entered into this ~ day of
2014, by and between St. Lucie County, a political
sub ision of the State of Florida (the "County"), Fort Pierce
Utilities Authority, an authority created and established by the City
Commission of the City of Fort Pierce, Florida, ("FPUA") and the City
of Fort Pierce, a municipality organized under the laws of the State
of Florida (the "City").
WHEREAS, FPUA is the governing body authorized to enter into
agreements relating to providing service from the potable water
supply of the City; and,
WHEREAS, the County intends to create the Noa Street
municipal services benefit unit (the "Noa Street MSBU") to fund
the cost of providing potable water to the Noa Street area in
unincorporated St. Lucie County. A description of the boundaries
of the real property within the proposed MSBU is attached hereto
and made a part hereof as Exhibit "A". A list of the current
parcel numbers within the proposed MSBU is attached hereto and
made a part hereof as Exhibit "B"; and,
WHEREAS, The Noa Street MSBU is located within the
boundaries of FPUA's Utility Service Area; and,
WHEREAS, the parties believe that it is in their mutual best
interest to cooperate in providing potable water to Noa Street.
NOW, THEREFORE, FPUA, the City, and the County hereby agree
and covenant on the terms and conditions hereinafter stated:
1. GENERAL. This Agreement is entered into pursuant to
Section 163.01, Florida Statutes, the Florida Interlocal
Cooperation Act. This Agreement embodies the whole understanding
of the parties. There are no promises, terms, conditions, or
obligations other than those contained therein, and this
Agreement shall supersede all previous telecommunications,
representations, or agreements, either verbal or written,
between the parties hereto.
2. FPUA RESPONSIBILITIES. FPUA's responsibilities under
this Agreement are as follows:
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3987126 08/21 /2014 at 09:57 AM
OR BOOK 3664 PAGE 1141 - 1150 Doc Type: AGR
RECORDING: $86.50
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a. FPUA shall design and install or cause to be
designed and installed a system including all pipes, services,
mains and appurtenances thereto (the "System") necessary to
provide potable water to the Noa Street area. The design and
installation of the System shall be done in accordance with all
applicable, standard FPUA policies and procedures. The County
reserves the right to review and approve the utilities plans and
bid documents before inclusion in the bid package.
b. If easements are required, FPUA shall attempt to
obtain all necessary easements for installation and maintenance of
the System. FPUA shall not be required, however, to condemn any
such easements or expend funds for acquisition of same. If
appropriate easements satisfactory to FPUA are not obtained,
FPUA shall have no further obligation under this Agreement.
c. FPUA shall administer a project to install the
System to include but not limited to awarding the contract for
design, construction, and inspection during construction, shop
drawing approvals, change order approvals, project certification,
and production of record drawings.
d. Upon completion of the System and acceptance of
ownership of the System by FPUA, FPUA shall be responsible for
the operation and maintenance of the System.
e. Prior to the public hearing to be held by the
St. Lucie County Board of County Commissioners pursuant to Section
1-13.6-7 of the St. Lucie County Code of Ordinances to adopt a
preliminary assessment roll for the Noa Street MSBU, FPUA shall
provide an itemized final estimated cost (the "Final Estimated
Cost") for the installation of the System to the County. The Final
Estimated Cost shall include the cost of testing, permits,
surveying, legal, design, construction, contingencies allowance,
construction administration, certification, record drawings, and
acquisition of easements for the installation of the System and
shall be subject to the approval of the County. Any unexpected
costs incurred during the construction and installation of the
System beyond the Final Estimated Cost shall be the responsibility
of FPUA.
f. If the County does not levy a special non-ad
valorem assessment as described below, FPUA shall be responsible
for the cost of all design or other work done by FPUA related to
the System. The County shall use its best efforts to notify FPUA
as soon as possible of any decision not to levy an assessment.
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g. FPUA shall make a monetary contribution of
$34,979 towards the construction cost of the project.
3. COUNTY RESPONSIBILITIES. In the event the County
determines at a public hearing to create a MSBU and to levy a
non-ad valorem special assessment, the County's responsibilities
under this Agreement are as follows:
a. The Board of County Commissioners of St. Lucie
County, Florida shall act as the governing body of the Noa Street
MSBU and shall levy a non-ad valorem special assessment (the
"Assessment") on the landowners within the limits of the MSBU to
fund the cost of the installation of the System as required for
connection to the FPUA water system.
b. The County shall pay to FPUA an amount not to exceed
the Final Estimated Cost for the installation of the System. All
other applicable fees and charges for connection to the FPUA water
system will be the responsibility of the landowners. The amount of
the capital improvement charge shall reflect the current FPUA charges
on the date of the submission of the Final Estimated Cost to the
County. Payment by the County to FPUA shall be within 30 working days
after the County has obtained funds from the issuance of bonds to
finance the project and after the approval of the costs by the St.
Lucie County Director of Engineering or his designee.
c. Upon the request of FPUA, the County's Property
Acquisition Division shall provide staff assistance to FPUA for
the acquisition of easements necessary for the installation and
maintenance of the System.
4. TERMINATION. Unless terminated by the mutual written
agreement of all parties, this agreement shall remain in full force
and effect until all of its terms and conditions have been met.
5. NOTICE OF CITY ANNEXATION REQUIREMENT. The following
notice is required by the City and should not be construed in any
way as an endorsement of the City's annexation policies by the
County.
As a condition precedent for connection to the FPUA water
system, FPUA requires all users to sign an annexation agreement
whereby the user consents to and requests that his or her
property be annexed into the city limits of Fort Pierce whenever
such annexation may legally occur and that FPUA will refuse to
allow connection to its water system unless and until the
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referenced annexation agreement is signed. This annexation
agreement shall be in the form utilized by FPUA, shall be
irrevocable and shall be binding on the heirs, successors and
assigns of all such users.
6. CONSENT TO COUNTY MSBU UPON ANNEXATION. The parties
acknowledge that if the Noa Street MSBU is annexed into the City,
this will result in the existence of a St. Lucie County Municipal
Services Benefit Unit within the jurisdictional boundary of the
City. Accordingly, the City agrees that if it intends to annex the
Noa Street MSBU into the City, it will include within the
appropriate annexation ordinance a statement that the City consents
to the existence of the Noa Street MSBU within the boundaries of the
City pursuant to the provisions of Section 125.01(q), Florida
Statutes or other applicable law.
7. VALIDATION OF BOND AND ASSESSMENT ROLL. A condition
precedent to the effectiveness of this Agreement is the entry of a
Final Judgment (and the expiration of the appropriate appeal period)
by a court of competent jurisdiction validating the issuance of
bonds to finance the System along with the assessment roll adopted
by the Board (the "Bond Validation Proceeding") In the event that
either a Final Judgment validating the bonds and assessment roll is
not entered or an appellate court reverses the Final Judgment, the
Agreement shall automatically terminate and the parties shall have
no further responsibilities under the Agreement including but not
limited to any payments due to FPUA by the County. Notwithstanding
the foregoing, if either a Final Judgment validating the bonds and
assessment roll is not entered or an appellate court reverses the
Final Judgment, the County reserves the right to be reimbursed by
FPUA for all outside counsel legal fees and costs incurred by the
County in the Bond Validation Proceeding as well as in any related
appeal. The County agrees to consult with FPUA concerning the
expenditure of money for outside bond counsel services related to
the Bond Validation Proceeding and further agrees that such
expenditure shall not exceed five thousand and no/100 dollars
($5000.00) without the express written consent of FPUA. The
County's right to reimbursement shall survive the termination of
this Agreement as described in this paragraph.
8. ADDITIONAL CONNECTIONS. For so long as any bonds
issued by the County to finance the System are outstanding, FPUA
shall inform the County in advance of any additional connections
to the System proposed for real property not previously included
on the assessment roll for the Noa Street MSBU. The County shall
then determine whether such additional property should be assessed
a pro rata share of the costs associated with the System and the
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terms and conditions pursuant to which the Assessment will be
collected. At the County's request, FPUA shall obtain a written
consent, in a form approved by the County Attorney, from the
owners of such property which acknowledges that the property will
be assessed and included on the assessment roll for the Noa Street
MSBU. Proceeds of the Assessment imposed against such property
shall be used to pay debt service on bonds issued by the County to
finance construction and acquisition of the System.
9. SYSTEM RELOCATION. If within five (5) years after
installation
System, the
thereof, the
expenses, an
relocation so
of-Way permit
of the pipes, mains and appurtenances comprising the
County shall require FPUA to relocate any portion
n the County shall be responsible for the costs and
d for obtaining any easements, associated with such
long as the system was installed per County Right-
conditions.
10. NOTICE. All notices or other communications
hereunder shall be in writing and shall be deemed duly given if
delivered in person or sent by certified mail return receipt
requested and addressed as follows:
If to County:
St. Lucie County Administrator
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
With a copy to:
St. Lucie County Public Works
Director
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
If to FPUA:
Director of Utilities
Fort Pierce Utilities Authority
P.O. Box 3191
Fort Pierce, Florida 34948
With a copy to:
FPUA Attorney
P.O. Box 3191
Fort Pierce, Florida 34948
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If to the City:
City Manager
City of Fort Pierce
100 North U.S. 1
Fort Pierce, Florida 34950
With a copy to:
Fort Pierce City Attorney
P.O. Box 3779
Fort Pierce, Florida 34948
11. ENTIRE AGREEMENT. This Agreement constitutes the
entire Agreement between the parties with respect to the subject
matter and supersedes all prior verbal or written agreement between
the parties with respect hereto. This Agreement may only be
amended by written document, property authorized, executed and
delivered by the parties hereto. This Agreement shall be
interpreted as a whole unit. All interpretations shall be governed
by the laws of the State of Florida.
12. FILING. This Agreement and any subsequent amendments
thereto shall be filed with the Clerk of Court of St. Lucie County
pursuant to Section 163.01(11}, Florida Statutes.
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IN WITNESS WHEREOF, the parties have caused the execution
by their duly authorized officials.
ATTEST:
,,
EPUTY CLE K
A TEST:
.~~~~ ~%~
SECRETARY
(FPUA Sea]_)
ATTEST
Z`ITY CLERK
BOARD OF TY CONIl~lISSIONERS
ST., I LINTY, RIDA
CHAIRPE SO
DATE : (~ /faZ ~l
APPROVED /~ TO F01~M AN
CORRECTNESS : ,. /i . „
COUN']~'Y ATTOK
FORT PIERCE UTILI IES AUTHORITY
BY : ~ ~ /b`~ 1
CHAIRPERSON
DATE : 'y~
APPROVED AS TO FORM AND
CORRECTNESS:
ATTORNEY FOR FPUA
CITY OF FORT PIERCE
BY:
MAYOR
DATE: < ,~. `t/
APPRO D A TO FORM AND
COR CTN S:
CI Y A ORNEY
7 of 10
Exhi it A
I;EGAL DESCRIPTION: NOA STREET MSBU
A PARCEL OF LAND LYING WITHIN SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE
COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 17,
BLOCK 1 OF WHITE CITY ESTATES AS RECORDED IN PLAT BOOK 9 AT PAGE 48 OF 7'HE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH LINE OF SECTION 10, TOWNSHIP 36
SOUTH, RANGE 40 EAST; THENCE EAST ALONG THE SAID NORTH LINE TO A AOINT ON THE WEST' LINE
OF THE EAST 842 FEET OF THE NORTHEAST 1/4 OF TI-IE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 36
SOUTH, RANGE 40 EAST AND THE POINT OF BEGINNING; THENCE SOUTH ALONG THE WEST LINE OF
THE EAST 842 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION !0 T'O A POINT
ON THE NORTH LINE OF LOT 243 OF WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE
23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE WEST ALONG THE NORTH LINE
OF SAiD LOT 243 A DISTANCE OF 319.2d FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND
RECORDED IN OFFICIAL RECORD BOOK 3104 AT PAGE 852; THENCE SOUTH ALONG THE EAST LINE OF
SAID PARCEL AND SOUTHERLY EXTENSION THEREOF A DISTANCE OF 331.10 FEET TO A POINT ON THE
NORTH LINE OF LOT 40, BLOCK B OF ULRICH SUBDIVISION AS RECORDED IN PLAT BOOK 5 AT PAGE d4;
THENCE WEST ALONG THE NORTH LINE AND WESTERLY EXTENSION THEREOF TO THE SOUTHWEST
CORNER OF LOT 5, BLOCK B OF SAID ULRICH SUBDiVSION; THENCE NORTH ALONG THE WEST LINE
AND THE NORTHERLY EXTENSION THEREOF TO THE SOUTHWEST CORNER OF LOT 5, BLOCK A OF
SAID ULRICH SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 5 BLOCK A TO THE
SOUTHWEST CORNER OF LOT b, BLOCK A OF SAID ULRICH SUBDIVISION; THENCE NORTH ALONG THE
WEST LINE OF SAID LOT 6, BLOCK A TO THE NORTHWEST CORNER OF SAID LOT 6, BLOCK A; THENCE
EAST ALONG THE NORTH LINE OF BLOCK A OF ULRICH SUBDIVISION TO THE NORTHEAST CORNER OF
LOT 13, BLOCK A OF SAID ULRICH SUBDIVISION; THENCE N 00° 01'09" W ALONG THE WEST LINE OF
LOT 230 OF WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 23 A DISTANCE OF
31 d.73 FEET TO THE NORTHWEST CORDER OF A PARCEL OF LAND AS RECORDED 1N ORB 1573, PAGE 244
OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY; THENCE S 89° S4' S8" E ALONG THE NORTH LINE OF
SAID PARCEL AND THE EASTERLY EXTENSION THEREOF A DISTANCE OF 446.65 FEET; THENCE N 00°
02'00" W A DISTANCE OF 1.23 FEET; THENCE S 89° 55'44" E A DISTANCE OF 198.8 FEET MORE OR
LESS TO A POINT ON THE EAST RIGHT (.~F WAY LINE OF MELVILLE ROAD; THENCE NORTH ALONG SAID
EAST RIGHT OF WAY LINE OF MELVILLE ROAD TO A POINT OF INTERSECTION WITH THE NORTH LINE
OF SECTION 10, TOWNSHIP 36 SOUTH, MANGE 40 EAST; THENCE EAST ALONG THE NORTH LINE OF SAID
SECTION 10 TO THE POINT OF BEGINNING.
LESS AND EXCEPT ROAD AND CANAL RIGHT OF WAYS OF RECORD.
SEPTEMBER 4, 2013
RON HARRIS
COUNTY SURVEYOR
8 of 10
Noa Street MSBU
N
FLOOD RD
ANtTA ST
BUCKEYE DR
BRACK RD
CORY_CAMPBELI:.RD
GOPHER,RIDGE RD GOPHER HILL-RD
KEARNEY RD
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9 of 10
"EXHIBIT B"
Noa Street MSBU Parcel List
340350202960008
340350202960802
340350202960905
340350202961009
340350202961102
340350202961308
340350202961504
340350202961607
340350202961700
340350202961803
340350202961858
340350202961906
340350202962103
340350202962206
340350202962309
340350202962402
340350202962505
340350202962608
340350202962701
340350203170002
340350203180009
340350203190006
340350203240004
340350203250001
340350203250104
340350203260008
340350203260101
340350203270005
340350203274108
341021100010003
341060300070008
341060300090002
341060300200005
341060300240003
341060300250000
341060300270004
10 of 10