HomeMy WebLinkAbout15-049ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
JENKINS PARK/STARCHER MUNICIPAL SERVICES BENEFIT UNIT
INITIAL ASSESSMENT RESOLUTION
ADOPTED APRIL 7, 2015
TABLE OF CONTENTS
PAGE
ARTICLE I
INTRODUCTION
SECTION1.01. AUTHORITY...................................................................................................2
SECTION1.02. DEFINITIONS.................................................................................................2
SECTION 1.03. INTERPRETATION........................................................................................4
SECTION1.04. FINDINGS.......................................................................................................5
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........................................................................................9
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...........................................................14
ARTICLE IV
GENERAL PROVISIONS
SECTION4.01. CONFLICTS..................................................................................................15
SECTION 4.02. SEVERABILITY.............................................................................................15
SECTION4.03. EFFECTIVE DATE........................................................................................16
APPENDIX A JENKINS PARK/STARCHER MSBU LEGAL DESCRIPTION
APPENDIX B INTERLOCAL AGREEMENT - FPUA
Initial Assessment Resolution
RESOLUTION NO. 2015-49
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 JENKINS PARK/STARCHER
MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING
THE PROPERTY TO BE LOCATED WITHIN THE JENKINS
PARK/STARCHER 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:
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Initial Assessment Resolution
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
40 Article IV 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.
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Initial Assessment Resolution
"Assessment Ordinance" means Chapter 40 Article IV of the County Code of
Ordinances as may be amended from time to time.
"Assessment Roll" means the special assessment roll created pursuant to Chapter 40
Article IV of the Assessment Ordinance and described in Section 2.02 (A) hereof.
"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 Jenkins Park/Starcher 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.
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Initial Assessment Resolution
"Jenkins Park/Starcher MSBU" means the proposed Jenkins Park/Starcher
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
affected parcel owners pursuant to Chapter 40, Article IV of the Assessment Ordinance.
"Project" means the potable water and fire protection improvements contemplated
hereunder which will specially benefit Assessed Property within the Jenkins Park/Starcher
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
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Initial Assessment Resolution
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,
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 Jenkins Park/Starcher MSBU pursuant to the
Assessment Ordinance and the Uniform Assessment Collection Act.
(C) Preliminary Petitions submitted to the County indicate that 58% 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 Jenkins
Park/Starcher MSBU including but not limited to: access to a centralized, publicly owned
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Initial Assessment Resolution
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 Jenkins Park/Starcher MSBU; hence, 100 percent of the
costs are associated with providing special benefit.
(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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I
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 $161,000.
(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, 2015, in the manner provided in Chapter 40 Article IV of the
Assessment Ordinance. The Assessment Roll shall include all Parcels within the Jenkins
Park/Starcher MSBU, The Assessment Coordinator shall apportion the estimated Assessed
Cost to be funded through Assessments in the manner set forth in this Initial Assessment
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Initial Assessment Resolution
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.
Initial Assessment Resolution
SECTION 2.03. PUBLIC HEARING. There is hereby established a public
hearing to be held at 6:00 p.m. on August 4, 2015 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 Chapter 40 Article IV of the Assessment
Ordinance.
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I
Initial Assessment Resolution
ARTICLE III
ASSESSMENTS
SECTION 3.01. JENKINS PARK/STARCHER MUNICIPAL SERVICES
BENEFIT UNIT. The proposed Jenkins Park/Starcher MSBU is described in Appendix A
attached hereto. The Project entails the installation of approximately 1,820 linear feet of
potable water mains, fire hydrants, and individual water services to benefit parcels on
Jenkins Park Avenue, Kayes Street, Lott Street, and Starcher Avenue.
SECTION 3.02. UTILITY SERVICE PROVIDER.
(A) This proposed Jenkins Park/Starcher 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 Jenkins
Park/Starcher 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 up to $24,853 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 Chair to execute same with such modifications, if any, as may be approved by the
County Attorney, with such execution to constitute conclusive evidence of the Chair'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 Jenkins Park/Starcher MSBU, the
annual amount of which shall be computed for each Parcel in accordance with this Article
II1. 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 Jenkins Park/Starcher MSBU
Assessments.
(B) The Jenkins Park/Starcher MSBU is substantially composed of similarly sized
platted single family residential lots which allows for a relatively high level of certainty in
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Initial Assessment Resolution
the design and sizing of the potable water and fire protection improvements required to
serve the Parcels 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 Jenkins Park/Starcher 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 Jenkins Park/Starcher
MSBU, the ERC system described herein does not include commercial use as an
apportionment factor.
(D) There are currently twenty-four (24) Parcels within the Jenkins Park/Starcher
MSBU, all of which, are currently developed or capable of being developed with at least
one (1) single family dwelling unit.
(E) 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.
(F) Owners of parcels which are subject to multiple ERCs were given the
opportunity to enter into a Restrictive Covenant Agreement, thereby restricting future
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Initial Assessment Resolution
development of their property to some lower density resulting in a lower number of ERCs
being assigned to their property.
(G) 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.
(H) The estimated assessment amount per ERC is $7,106. 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 $570. 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.
(I) 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.
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Initial Assessment Resolution
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.
follows:
AFTER MOTION AND SECOND, the vote on this Resolution was as
Chair Paula A. Lewis AYE
Vise Chair Kim Johnson AYE
Commissioner Tod Mowery AYE
Commissioner Chris Dzadovsky AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this 7th day of April, 2015.
ATTFST-
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
16
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
Initial Assessment Resolution
APPENDIX A
DESCRIPTION OF
JENKINS PARK/STARCHER MUNICIPAL SERVICES BENEFIT UNIT
A PARCEL OF LAND LYING WITHIN SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE
COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF THE SOU'T'HEAST 1/4 OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA; THENCE NORTH ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 12 A DISTANCE OF 664.40 FEET TO THE NORTHWEST
CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF "THE SOUTHEAST 1/4 OF SAID
SECTION 12; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST
1/4 OF THE SOUTHEAST 1/4 A DISTANCE OF 485.60 FEET; THENCE SOUTH AND PARALLEL WITH
THE EAST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 A
DISTANCE OF 244.00 FEET; THENCE EAST AND PARALLEL WITH THE NORTH LINE OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 A DISTANCE OF 25.00 FEET;
THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 A DISTANCE OF 417.40 FEET; THENCE WEST ALONG THE
SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
12 A DISTANCE OF 510.80 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND;
COMMENCE AT THE NE CORNER OF THE NE 1/4 OF SE 14 OF "THE SE 1/4 OF SECTION 12, T -35-S, R-
39 -E. ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH ALONG THE EAST LINE OF THE SE 1/4 OF
SECTION 12 A DISTANCE OF 289'; THENCE S 89'29' W, A DISTANCE OF 135.24' TO THE POINT OF
BEGINNING; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE SE 1/4 OF SECTION 12 A
DISTANCE OF 176.82'; THENCE S 89'29' W A DISTANCE OF 525.98' TO A POINT ON THE WEST LINE
OF THE NE 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 12; THENCE NORTH ALONG SAID WEST
LINE A DISTANCE OF 465.82' TO A POINT ON THE NORTH LINE OF THE NE 1/4 OF THE SE 1/4 OF THE
SE 1/4 OF SECTION 12; THENCE EAST ALONG SAID NORTH LINE A DISTANCE OF 236.31'; THENCE
SOUTH A DISTANCE OF 289' TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STARCHER
AVENUE (50' R/W); THENCE N89°29' E ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF
289.89' TO THE POINT OF BEGINNING.
AND;
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND RECORDED IN ORB 2774 AT
PAGE 88; "THE WEST 152 FEET OF THE EAST 397 FEET OF THE SOUTH 135 FEET OF THE NORTH 238
FEET OF THE N.E. 1/4 OF THE S.E. 1/4 OF THE S.E. 1/4 OF SECTION 12, T -35-S, R -39-E, ST.LUCIE
COUNTY, FLORIDA."
LESS AND EXCEPT ALL ROAD RIGHT OF WAYS OF RECORD.
August 19, 2013
Revised February 21, 2014
Ron Harris
County Surveyor
INTERLOCAL AGREEMENT
JENKINS/STARCHER MSBU
TPS AGREEMENT made and entered into this _� day of
2015, by and between St. Lucie County, a political
sub ivision 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 Jenkins/Starcher
municipal services benefit unit (the "Jenkins/Starcher MSBU") to
fund the cost of providing potable water to the Jenkins/Starcher
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 Jenkins/Starcher 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
Jenkins/Starcher.
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:
Page 1 of 9
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 Jenkins/Starcher 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 Jenkins/Starcher 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.
Page 2 of 9
g. FPUA shall make a monetary contribution of an
amount not to exceed $24,853.50, or the cost necessary to offset
any Capital Improvement charges, towards the construction cost
of the project.
3. COUNTY RESPONSIBILITIES.
determines at a public
non -ad valorem special
under this Agreement are
hearing to
assessment,
as follows:
In the event the County
create a MSBU and to levy a
the County's responsibilities
a. The Board of County Commissioners of St. Lucie
County, Florida shall act as the governing body of the
Jenkins/Starcher 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
Page 3of9
such annexation may legally occur
allow connection to its water
referenced annexation agreement
agreement shall be in the form
irrevocable and shall be binding
assigns of all such users.
and that FPUA will refuse to
system unless and until the
is signed. This annexation
utilized by FPUA, shall be
on the heirs, successors and
6. CONSENT TO COUNTY MSBU UPON ANNEXATION. The parties
acknowledge that if the Jenkins/ Starcher 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 Jenkins/Starcher MSBU into the City, it will include
within the appropriate annexation ordinance a statement that the
City consents to the existence of the Jenkins/Starcher 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.
issued by the County t
shall inform the County
to the System proposed
on the assessment roll
ADDITIONAL CONNECTIONS. For so long as any bonds
o finance the System are outstanding, FPUA
in advance of any additional connections
for real property not previously included
for the Jenkins/ Starcher MSBU. The County
Page 4 of 9
shall then determine whether such additional property should be
assessed a pro rata share of the costs associated with the System
and the 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
Jenkins/Starcher 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 of the pipes, mains and appurtenances comprising the
System, the County shall require FPUA to relocate any portion
thereof, then the County shall be responsible for the costs and
expenses, and for obtaining any easements, associated with such
relocation so long as the system was installed per County Right -
of -Way permit 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
If to FPUA:
Director of Utilities
Fort Pierce Utilities Authority
P.O. Box 3191
Fort Pierce, Florida 34948
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
With a copy to:
FPUA Attorney
P.O. Box 3191
Fort Pierce, Florida 34948
Page 5 of 9
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.
Page 6 of 9
IN WITNESS WHEREOF, the parties have caused the execution
by their duly authorized officials.
ATTEST:
XE P U T Y C.IZ�Qf
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRPERSON
DATE: /�/ W-7,
APPROVED AS TO FORM
CORRECT 1n SS : /1 . _ , /
COUNTY ATT
,ATTEST: FOR RCE
C BY:
#SERETARY CHAIRP
(FPUA Seal)
ATTEST:
lo C4�
CI CLERK
S
DATE: iVU4�cA ,3 -,?-ol,5
APPROVED AS TO FORM AND
CORRECTNESS:
/y
ATTORNEf FOR FPUA
CITY OF FORT PIERCE
BY •
MAYOR
DATE: 13-1(OZI
�
APPROV A TO FORM AND
COR CINE
I TTOR
Page 7 of 9
EX IHUT "A..
DESCRII' 11UN: JEWNS PARD STARC I TR NINF31:
A PARCEL. OF LAND I_YIN6 A IF HINS[ CIION 12. TOWNSI IIP 35 SO III, RANGE 39 FAST. ST. LUCT
COUNTY. FLORIDA. SAID PARCEL. Lal,IN(I \1ORL- PAR MCI TARLY INSCR IE3LD AS FOLLOWS:
BFGIN Al THE SOL IIIAI SF ILORNFR O1 I HE. SOL IHF,Asr 1 4 OfIIII_
NORIHF.AS1 1 -1 OF THF
SOITFIFASI 1 I OF SF,C I ION 12. TU VNSHW 35 SOL III. RANGE 3'> I .AST.
ST. IJ CIE 0 NTY.
FLORIDA: THENCE NO III ALONG 1 HI A EST LINK. OF I HE: SOL I IT
ASI 1 4 OF LII IT NORTHEASI*
1 4 CIS THE SOUTFIFAN I I -1 OF SAID SFC KION 12 A DISTANCE 01-06-4.40
FEET To 1*111: NOR-111WESI
CORNER(* THE SOI -FI 1: AST 1 -t OF DW NCRTHE..AS I 1 J OF THE- SOl'TIIEAST
1 4 OF SAID
SECTION 12: THFNL E FASI ALONG I IIF NOR III I INF of ITIS SOI-HIF
AST I J OF I HE NORTHEASI
1 4 OF I HE SOUTH FAS I I -t :A DISTANCE OF 485.60 FEET: VANC E SOrl
H AND PARMA ILAID I
THE FAST LINE OF THE QWI I &AST 1 4 it AT FE NOR II IEAST 1 I OF
TIT SOUTHEAST 1 4 A
DISTANCE OF 244MO FELT : THENCE FAN AND P WAIA IL VITA THE
NORTH LINE OF THE
SO1-D I:ASF 1 4 OF THE NOR I HEAS11 4 UF THE. SolI IILAST 1 -I AM
VIANCE OF 25AO FEET:
THENC L SOL I H ANT) PARALLEL AA I IT! i Il II EASY LINF UF THE So U
I I LASI 1 4 OF FAIL
NORTHFAS F 1 401- IMF NU( THE AS I- 1 4 .A DISTANCE OF -31' -{0 FEE I
. E HENCE AES I :ALONG THF.
SCE JII IAN An OF TI IL NOL'II IEAST I 4 OF THE WITH IF AST 1 4 OF 1 HE
SOL 1-11 FAN 1 1 -I Of SEC TION
12 AINSI,ANCE OF 5MAO I � I : I � ITOT HF: POINT OF [31-0INN INO.
LOGFAIAI.R WITH THF I "1,LOAING DI_SCKIBED PARCEL I)I- LAND:
COMMENCE AT THE. NF CORNER OF TIT! NE 1 4 OF SI. 1 -t OF TILE SF: 1 4 OF SECTION 12. 14254.11-
19-E. ST. IJ CIF COIN I). FLORIDA: 1111 \(A SOI EI I :ALONG THE FAS I I.INF. OF TNF. SF 1 -t OF
SECTION 12 A D1ST:ANLT OF 281': -IT HI:NCI S 8y 29' \A—A DIS TANCL OF 135.24' TO THE: POINT OF
BEG INNINO: I HENCE SOUL I1 PARA IAAA "I I IT FAA EAST IAN In OF THE SL 1 I OF SECTION 12A
DISTANCE OF 176.32': 1111 NCF S 84 2W AA :A DISTANCI. OF 525.98' 10 A POINT ON HIE WEST LINT
OF THE NE 14 OF Till- SL 1 -J OF ] ALI NF 1 I OF SECTION 11THENC I, NORI l l ALONG SAID \AES F
LINE .A DISI ANCE OF 465.8-` TOA POI\ 1 (,)\I-] IF NORIA I AINE OF TIT NE 14 OF THE, SE 1 -J OF 1111:
SE 1 a OF SECTION 11 THI-NCE LAST AI ONG S. -AID NORM LINE: :A DIS FIANCE OF_ 36.31': THENCE
S01711 AINSTANCE OF 289' TO A POI HN THE SOU H l RIGHT OF W AY LINE OF S IAR(A IF:R
AVENI In 5W R Aw TI WNLT NSPOW 1: -ALONG SAID SOl IT RIGHT OF WAY LANE A DISTANCE OI�
289.39' TC ILIF POI\ 1 OF BEGINNIN(;l_
.AND:
1-06111-1WR WII,H I,I11: FOLLOWING DFS( RIBED PARCEL OF LAND RF.CORDED IN ORB 2774 AT
PAGE 88: "TI THE WEST 152 FEET OF THE FAN 1 397 FEE L (A HIF SOUTH 133 FEET OF THE NORTH X33
FEE] OF flit:: N.E. 1 .1 OI I HF. SA:.. 1 a OF 111E S.E. 1 -I UF SECTION 12. I -35-S. R -39-E, S I A-UCIE
COLN I Y, FLORIDA."
LESS ;TND EXCEPT ,ALL ROAD III=t UFA AA AYS OF RI CORD.
Augum 19, 2013
Revised Fehman 2I. 2014
Ron I Ka
Count- Surveyor
Page 8 of 9
Jenkins/Starcher MSBU Parcel List 2/4/2015
_231241400080001
231241400100008
231241400110005
231241400120002
231241400130009
'231241400140006
231241400150003,
2312414001_60000
231241400170007
231241400180004
231241400190001^'
.231241400200001
231241400240009
231241400250006
231241400270000~,
231241400271001
231241400280007
231241400310001'
231241400320008
231244100010109
231244100010202
231280100010103'
231280100030004
231280100040001]
Page 9 of 9
EXHIBIT'.A
DESCRIPTION: JENKINS PARK, STARIIIFR M1,FT
A PARCEL OF LAND LYING WITH IN SECTION 11 1OWNSIIIP 35 SOUI'1I, RANGE 39 VAS F, SI. LIICIE
COUNTY. FLORIDA. S\ID PARCEL BEING MORE. PARTICULARLY DFSCRIBFD AS FOLLOWS:
BEGIN A*[ 'I HF SOUTHW I ST CORNER OF THE SOUTHEAST 1 4 OF VHF NORTHEAST 1 4 OF 'T -HF
SOU I HFAST 14 OF ATrION 11 VOW14 HIP 35 SOUTIL RANGE 39 FAS L ST. LUC I COUNTY.
FLORIDA; lMINCE N(1R I I I ALONG 1111 WFSF LINE, OI TIIE, SOLIIHLA41 1 4 OI ITHE NORTHEAST
l,'401-' I HE: SOUTHFASI' 54 (W SAID SECTION 12 A DISTANCE OF 664.40 FEET TO 1111 NORTHWE'Tr
CORNER OF THE SO U H ILA5T 1 4 OFAT T NORTI IITASI V-101: !HE SOU 111EAST 1 4 OF SND
SECTION 12: THENCV EAST ALONG I -HF NORFH L1NF.OF' FIVE SO[)'FHLAST 1 401- THE NORTHEAST
I `4 OF TIM SOF?THEAS! 1'd A DISTANCE OF 485.60 FEET; 1'HE.NCE SOI.;'I'4I AND PARALLEL- WITH
THE EAST LINE. OF THE SOUTI TASI 14 OF THE NORTHEAST LA OF TIIE SOUTHEAST F:4 A
DISTANCE OF 24410 FI:EI : THENCE FAST AND PARALI.EI. WITTI 'Tll1'_ NORTH LINT: OF THF.
SOUTHEAST I '4 OF TIE NORTHEAST 1 4 OF THE SOU HII--AS I I'd A DISTANCE; OE 35.00 FEF. -V:
THENCE SOF:'I'N AND PARALLEL WIII I ILII: EAST I.INF OF THE SOI'TI IL'AST 1.4 OF ALL
NORTHEAST I A OF THE SOUTHEAST- 1 4A DISI'ANCF OF 417.40 FEET: I H1:NCE WITS! ALONG THL
SU -11I If LINE OI' TIIE S011TI (EAST I A OF 1 FIT NORTHF:ASF 1.4 OF I IFF SOUTI FFASI1-4 Of SECTION
12 A DISTANCE OF 510.80 FITFI'D IIT, POIN"i' OF BEGINNING.
1'OGETHFR WFIH TIT FOLLOWING DESCRIBED PARCEL OF LAND:
COMMENCI: A l I I IE NE CORNER OI TIIE NE 1 4 OF SE. I -I OF THE, SF, 1'4 OF SECTION 12. T•35 -S, R-
304 S'T'. LUCIF COUNTY, FLORIDA: HWNCFi SO(!III ALONG TIIE E;\S'I' LINK. OF TI IF SF 14 OF
SEC"Il M 12 A DIS'FANCT OF 289'• 11 IVNCF S SQ' 29' W, A DISTANCE' OF 135? -I' TOM IF POINT OF
BEGINNING;:1-1-IENCE SOUL H PARALLEL W1TH THE EAT] LINE OF'TIIF SE T'-1 01= SECTION 12 A
DISTANCiT OF 176.3'_': TFIENCE S 89'2W W A DISTAWT 01' 525.98* 1-0 A POINT ON TIIE: WEST LINE,
OF THE NE 14 OF THE A 1 4 OF IT T SF 1 4 OF SECTION 12. THENCF NORI I I ALONG SAID W'ES1,
LINE A DISTANCE OF ANSI TO A POINT ON THE NORTH LINE OF THE NE 14 OF THE SP. 144 OF THE
SE I'4 OI' SECTION 13: FHF,NCE EAST ALONG SAID NOR FII FINE A DISTANCE OF 236,31'; TIIENCF
SOUTIi A DISTANCF OF 28W TOA POINT ON TI IT SOUTH RIGi IT OF WAY LINE OF STARRIER
AVENU1-. (50' R=W); THFNCEi N8W2W F ALONG SAID SOUTH RIGH -F OF W,AY LINEA DISTANCE 01
389.89' TO 11 IL: POINTOF III GINNING
AND:
TOGI-!'I TER WITH "1*1IF. FOLLOWING DIZaTMED PAnT1, OF LAND RECORDED IN ORB 277.1 A I
PACE 88: "II IE WEST 02 FLKF OF THE EAST 397 FEET OF THE: SOUI 1105 FEET OF 1-11E, NORTH 238
FEET OF THE. N.E. 1.4 OI THF. S.E. I A OF'ITE S.E. ISI OF SECTION 13. T -35-S. R -39-F. S1' LUCIE
COUNTY, FLORIDA.—
LESS AND EXCEPT ALL ROAD RCI II OF WAYS OF RECORD.
August 19. 2013
Revised Fetanary 21, 2014
Ron Ilarris
Cmn" Surveyor
Page 8 of 9
"EXHIBIT B"
Jenkins/Starcher MSBU parcel List 2/4/2015
231241400080001
231241400100008
2312414001100051
2312 41400120002
231_241400130009 I
231241400140006
231241400150003
231241400160000_
231241400170007
231241400180004
231241400190001;
231241400200_001
231241400240009.
231241400250006';
231241400 0 072 0 0
231241400271001
231241400280007
231241400310001
231241_400320008
231244100010109!
231244100010202
231280100010103,
231280100030_004
2312801000400
Page 9 of 9