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HomeMy WebLinkAbout15-154Attachment "A" JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4110835 09115/2015 at 10:14 AM OR BOOK 3787 PAGE 873 - 884 Doc Type: RESO RECORDING: $103.50 ST. LUCIE COUNTY, FLORIDA FINAL ASSESSMENT RESOLUTION SOLID WASTE SERVICES ADOPTED September 1, 2015 TABLE OF CONTENTS Page 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..................7 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 ASSESSMENTROLL................................................................................... C-1 RESOLUTION 15-154 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 21, 2015, the Board adopted Resolution No. 15-121 (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; 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; 1 WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; WHEREAS, on July 29, 2015, 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 1, 2015, 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 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 2 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, 2015, 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, 2015, 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 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 3 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 Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C. SECTION 4. 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 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 S. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. PASSED, ADOPTED AND APPROVED THIS 11t day of September 2015. ATTEST: BY: Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: l'I Chair APPROVE AS TO FORM AND CORR S: BY: County Attor ey / 4 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Anne Bowers, who, being duly sworn, deposes and says: Anne Bowers, 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 2 1, 2015 (the "Preliminary Assessment Resolution"). 2. In accordance with the Ordinance, Ms. Bowers supervised and directed the mailing 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 a loss of title; a statement that all affected property owners have 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. Anne Bowers, A ff i a n t STATE OF FLORIDA COUNTY OF ST. LUCIE COUNTY 11 �J The foregoing Affidavit of Mailing was sworn to and subscribed before me this -day of.. 2015, by Anne Bowers. She is personally known to me or has produced as identification and did take an oath. Printed Name: Susan Laventure Notary Public, State of Florida At Large My Commission Expires: S.LAVENIURE t; u� MY COMMISSION M EE 860379 Commission No.: EXPIRES: April 24, 2017 Bonded ihru Budget Notary Services NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS Notice is hereby given that the Board of County Commissioners of St. Lucie County, Florida (the "Board") will conduct a public hearing to consider imposing solid waste special assessments against certain improved residential properties located within the County Solid Waste Urban Service Area to fund the cost of solid waste management, collection, and disposal services, facilities and programs provided to such properties and to authorize collection of such assessments on the tax bill. The hearing will be held in the County Commission Chambers at 6:00 p.m. on September 1, 2015, or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact George Landry, ADA Coordinator at (772) 462- 1546 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. The assessments will be computed by multiplying the number of dwelling units on each parcel by the rate of assessment. The rate of assessment for the upcoming fiscal year shall be $252.06 per dwelling unit. The maximum rate of assessment that can be charged in future fiscal years without additional notice shall be $252.06 per dwelling unit. Copies of the assessment roll, showing the amount of the assessment to be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the office of the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107, Fort Pierce, Florida. Additionally, past years assessments against certain properties that were inadvertently not collected on a prior tax year's bill shall also be included. The assessments will be collected on the ad valorem tax bill to be mailed in November 2015, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the County at (772) 462-5112, Monday through Friday between 8:00 a.m, and 5:00 p.m. HOWARD TIPTON, County Administrator 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 N delivered to the St. Lucie County Tax Collector by nQC_x%� 2015. IN WITNESS WHEREOF, I have subscribed this certificate and directed the some to be delivered to the St. Lucie County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this 3 day of 3U.X12.. 2015. ST. LUCIE COUNTY, FLORIDA By: � 1Z.r� �k�.- cL�� Christina Sutton -Hardie [To be delivered to Tax Collector prior to September 1]