HomeMy WebLinkAbout15-172r
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4120461 10/13/2015 at 08:50 AM
OR BOOK 3797 PAGE 331 - 362 Doc Type: RESO
RECORDING: $273.50
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
PARKLAND MUNICIPAL SERVICES BENEFIT UNIT
INITIAL ASSESSMENT RESOLUTION
ADOPTED SEPTEMBER 15, 2015
TABLE OF CONTENTS
ARTICLE I
INTRODUCTION
SECTION 1.01. AUTHORITY.................................................................................................. 2
SECTION 1.02. 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
SECTION2.03. 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...........................................................13
ARTICLE IV
GENERAL PROVISIONS
SECTION4.01. CONFLICTS...................................................................................................14
SECTION 4.02. SEVERABILITY.............................................................................................14
SECTION 4.03. EFFECTIVE DATE........................................................................................15
APPENDIX A PARKLAND MSBU LEGAL DESCRIPTION
APPENDIX B INTERLOCAL AGREEMENT - FPUA
Initial Assessment Resolution
RESOLUTION NO. 15-172
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 PARKLAND MUNICIPAL
SERVICES BENEFIT UNIT; DESCRIBING THE PROPERTY
TO BE LOCATED WITHIN THE PARKLAND 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:
1
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.
2
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 Parkland MSBU to approximate the relative benefit conveyed to such
parcels.
"Fiscal Year" means the period commencing on October I 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.
3
Initial Assessment Resolution
"Parkland MSBU" means the proposed Parkland 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 Parkland 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.
E
Initial Assessment Resolution
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 Parkland MSBU pursuant to the Assessment Ordinance
and the Uniform Assessment Collection Act.
(C) Preliminary Petitions submitted to the County indicate that 55% 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 Parkland 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
5
Initial Assessment Resolution
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 Parkland 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.
[Remainder of page intentionally left blank]
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 $430,041.55.
(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 fifteen (15) 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, 2016, in the manner provided in Chapter 40 Article IV of the
Assessment Ordinance. The Assessment Roll shall include all Parcels within the Parkland
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.
7
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.
.01
Initial Assessment Resolution
SECTION 2.03. PUBLIC HEARING. There is hereby established a public
hearing to be held at 6:00 p.m. on October 6, 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.
[Remainder of page intentionally left blank.]
G]
Initial Assessment Resolution
ARTICLE III
ASSESSMENTS
SECTION 3.01. PARKLAND MUNICIPAL SERVICES BENEFIT UNIT. The
proposed Parkland MSBU is described in Appendix A attached hereto. The Project entails
the installation of approximately 5,710 linear feet of potable water mains, fire hydrants, and
individual water services to benefit parcels on Parkland Boulevard, White Oak Lane,
Chaska Street, Gardenia Street, Lenape Street, Arapahost Street, and Merry Bee Drive.
SECTION 3.02. UTILITY SERVICE PROVIDER.
(A) This proposed Parkland 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 Parkland 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 $62,594.00 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.
(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
10
Initial Assessment Resolution
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 Parkland MSBU, the annual amount
of which shall be computed for each Parcel in accordance with this Article IIl. 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 Parkland MSBU Assessments.
(B) The Parkland 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 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
11
Initial Assessment Resolution
Parkland 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 Parkland MSBU, the
ERC system described herein does not include commercial use as an apportionment factor.
(D) There are currently sixty-eight (68) Parcels within the Parkland 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
development of their property to some lower density resulting in a lower number of ERCs
being assigned to their property.
12
Initial Assessment Resolution
(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 $6,727.81. 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 $648.17. 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.
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.
13
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.
[Remainder of page intentionally left blank]
14
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 15th day of September, 2015.
ATTEST:
ADepputyClerk
BOARD OF COUNTY COMMISSIONERS
15
ST. LUCIE COUNTY, FLORIDA
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorn
Initial Assessment Resolution
APPENDIX A
DESCRIPTION OF
PARKLAND MUNICIPAL SERVICES BENEFIT UNIT
A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST,
ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 15 OF SILVER OAK ESTATES, AS
RECORDED IN PLAT BOOK 20, PAGE 8 OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA; THENCE WEST ALONG THE SOUTH LINE OF SAID SILVER OAK
ESTATES, A DISTANCE OF 1159.16' TO THE SOUTHWEST CORNER OF LOT 5 OF SAID
SILVER OAK ESTATES; THENCE NORTH ALONG THE WEST LINE OF SAID SILVER
OAK ESTATES A DISTANCE OF 495' TO THE NORTHWEST CORNER OF SAID SILVER
OAK ESTATES; THENCE WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH
LINE OF BLOCK 20 OF RIVERDALE YACHT CLUB ESTATES, UNIT TWO, AS
RECORDED IN PLAT BOOK 6 AT PAGE 40 OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MERRY
BEE DRIVE; THENCE NORTHWESTERLY ALONG SAID WEST RIGHT-OF-WAY LINE
TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF PARKLAND BOULEVARD
EXTENSION (50' RIGHT-OF-WAY), SAID POINT ALSO BEING THE SOUTHEAST
CORNER OF THAT PARCEL OF LAND DESCRIBED IN ORB BOOK 1718 AT PAGE 1179
OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE WEST
ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 275" MORE OR LESS TO
THE APPROXIMATE MEAN HIGH WATER LINE OF THE NORTH FORK OF THE ST.
LUCIE RIVER; THENCE MEANDER NORTHERLY ALONG SAID APPROXIMATE MEAN
HIGH WATER LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF LOT
10, BLOCK 12 OF RIVERDALE YACHT CLUB ESTATES UNIT 2 AS RECORDED IN
PLAT BOOK 6 AT PAGE 40; THENCE EAST ALONG THE NORTH LINE OF SAID
RIVERDALE YACHT CLUB ESTATES UNIT 2 TO THE NORTHEAST CORNER OF LOT
6, BLOCK 8; THENCE SOUTH ALONG THE EAST LINE OF LOTS 6 AND 7 A DISTANCE
OF 60'; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 6, BLOCK 8
A DISTANCE OF 125' TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF LENAPE
STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF
60' TO A POINT ON THE NORTH LINE OF RIVERDALE YACHT CLUB ESTATES UNIT
2; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF LOT
6, BLOCK 2 OF RIVERDALE YACHT CLUB ESTATES UNIT 2; THENCE SOUTH ALONG
THE EAST LINE OF LOTS 6 THROUGH 15, BLOCK 2 AND THE SOUTHERLY
EXTENSION THEREOF TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
PARKLAND BOULEVARD (80' RIGHT-OF-WAY); THENCE EAST ALONG SAID RIGHT-
OF-WAY LINE A DISTANCE OF 25' TO THE NORTHEAST CORNER OF LOT 3, BLOCK
23; THENCE CONTINUE EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF
Initial Assessment Resolution
16.67': THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF LOT 3, BLOCK 23
A DISTANCE OF 125' TO A POINT ON THE SOUTH LINE OF SAID BLOCK 23; THENCE
WEST ALONG THE SOUTH LINE OF SAID BLOCK 23 A DISTANCE OF 166.66' TO THE
SOUTHWEST CORNER OF LOT 5, BLOCK 23; THENCE SOUTH ON THE SOUTHERLY
EXTENSION OF THE WEST LINE OF SAID LOT 5, BLOCK 23 A DISTANCE OF 165':
THENCE EAST 15'; THENCE SOUTH 30'; THENCE WEST 10'; THENCE SOUTH 22.54'
TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WHITE OAK LANE; SAID
POINT BEING ON A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 25':
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 420 50' A DISTANCE OF 18.68" TO THE POINT OF REVERSE CURVATURE
OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 50'; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 206° 05"24'"A DISTANCE OF 179.79' TO THE NORTHEAST CORNER OF LOT 15 OF
SILVER OAK ESTATES AS RECORDED IN PLAT BOOK 20 AT PAGE 8; THENCE
SOUTHEASTERLY ALONG THE EAST LINE OF SAID LOT 15 A DISTANCE OF 208.42'
TO THE POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED
IN OFFICIAL RECORD BOOK 247 AT PAGE 1072 OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA.
"BEGIN AT THE NORTHEAST CORNER OF LOT 10. BLOCK 12. RIVERDALE YACHT
CLUB ESTATES UNIT 2, AS RECORDED IN PLAT BOOK 6, PAGE 40, ST. LUCIE
COUNTY, FLORIDA, RUN WEST ALONG THE NORTH LINE OF SAID LOT 10, 154.30.
THENCE ON AN ANGLE OF 90° 05' AS MEASURED FROM EAST TO NORTH RUN
NORTH 91', THENCE ON AN ANGLE OF 680 44'20" AS MEASURED FROM SOUTH TO
EAST RUN SOUTHEASTERLY 159.60' TO THE WESTERLY LINE OF MERRY BEE
DRIVE IF EXTENDED NORTH, THENCE RUN SOUTHEASTERLY 34' TO THE POINT OF
BEGINNING."
LESS AND EXCEPT THE PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORD
BOOK 1961, PAGE 2878; AND LESS AND EXCEPT ALL ROAD RIGHT-OF-WAYS OF
RECORD.
PREPARED: September 28, 2012
CI5. -45B
INTERLOCAL AGREEMENT
PARKLAND MSBU
THIS
AGREEMENT
made and entered into this 15"r day of
September,
20' ' b, by
and between St. Lucie County,
a politica;
subd visior:
of he State
of E';orida (t_he "County"), the
Lor_ Pierce
U t : _ t_y Au, t_h"r:
t_y, an
a_ t, her _ ty created and estabi i shed
by the C i y
Corin: ssi on
of the Ci _y
of Fort erue, lorida, ("l-'PUA")
arid ti:e Ci t_y
of ;,rt. Pierce, a municipal
ity organ i_red under the laws
of the State
cf F',rida
( the "C_i_ty")
.
hereof as Exhibit
WHEREAS, FPUA is the governing body authorized to enter into
agreements relating to providing service from the potable water
suppiy of the City; and,
WHEREAS, The Parkland MSLJU is 'located within the boundaries
of ?UA's Ut;a ty Service Area; and,
WHEREAS, the parties believe that is in their mutual br_st_
::t� rest tc cooperate in prov.dirnq potable water to Park_and.
NOW, THEREFORE, _"F PUA, the City, and the County hereby ayrec
ar:d c;venant on the terms and conditions hcre_rnafter stated:
GENERAL. Th;.s Agreement-- is entered into pursuant to
Sc::tion 163.01, Florida StiatuLes, the Florida Interlocal
Coco_ craT i or. Act.. This Agreement embodies the whole understand:.r�g
of t.e parties. 'Ther,,_� are no promises, terms, conditions, cr
oblgat_ions other than those contained therein, and this Agreement
s} supersede all previous t_e_ecommtanications, representations,
or agreements, verba or wr_tt_en, between the part''`'s
:e
FPUA RESPONSIBILITIES. iPUA's resoonsibi: ties under
,greee�c,nt are as a lows:
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4114893 09/25/2015 at 08:37 AM
OR BOOK 3791 PAGE 1212 - 1223 Doc Type AGR
RECORDING$103.50
WHEREAS, rhe County intends Lo create the
Parkland municipal
sery
e s benef i t. urn, t ;the
"Pa rki and MSi?U") o
fund the cost ..
pre✓:ring
potable water to
Parkland area in
unincorporated St
I.a...c
;lou;:' y. A descr;r;tion
:�: the aundaries
_he rea_ property
w°ithi
the proposed MSBU is
attached hereto and
made a part hereof
ascx^_bit
"A". A ist of
t:ne current parcel
numbers within ::hE
prop
--sed MSiU :s attached hereto and made a part
hereof as Exhibit
,\Wl.
and
WHEREAS, The Parkland MSLJU is 'located within the boundaries
of ?UA's Ut;a ty Service Area; and,
WHEREAS, the parties believe that is in their mutual br_st_
::t� rest tc cooperate in prov.dirnq potable water to Park_and.
NOW, THEREFORE, _"F PUA, the City, and the County hereby ayrec
ar:d c;venant on the terms and conditions hcre_rnafter stated:
GENERAL. Th;.s Agreement-- is entered into pursuant to
Sc::tion 163.01, Florida StiatuLes, the Florida Interlocal
Coco_ craT i or. Act.. This Agreement embodies the whole understand:.r�g
of t.e parties. 'Ther,,_� are no promises, terms, conditions, cr
oblgat_ions other than those contained therein, and this Agreement
s} supersede all previous t_e_ecommtanications, representations,
or agreements, verba or wr_tt_en, between the part''`'s
:e
FPUA RESPONSIBILITIES. iPUA's resoonsibi: ties under
,greee�c,nt are as a lows:
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4114893 09/25/2015 at 08:37 AM
OR BOOK 3791 PAGE 1212 - 1223 Doc Type AGR
RECORDING$103.50
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 Parkland 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 Parkland 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.
2 of 12
g. FPUA shall make a monetary contribution of
$68,117 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 Parkland
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 wi11 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
3 of 12
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 Parkland 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
Parkland MSBU into the City, it will include within the appropriate
annexation ordinance a statement that the City consents to the
existence of the Parkland 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 (arid 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 Validat-ion 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.
B. 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 riot previously included
on the assessment roll for the Parkland 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
4 of 12
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 Parkland
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. SYS
installation
System, the
thereof, then
expenses, an
relocation so
of -Way permit
TEM RELOCATION. If within five (5) years after
of the pipes, mains and appurtenances comprising the
County shall require FPUA to relocate any portion
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
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
5 of 12
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.
6 of 12
IN WITNESS WHEREOF, the part es have caused t.Cie execution
try their duly authorized of.fic.ials.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Y i Ci AIPPER`ON�'
DATE:
-�PPR.OVE') S T0 FORM AND
COP EC`17Tt E'�S t f
CO?7N`I'Y A'I"I'OREY'
i
ATTEST: FORT PIERCE UTILI S AUTHORITY
OF "?.E'i A P Y CaA: RPFRSON
DATE:
APPROVE1- AS 'FO FORM AND
.-1 1
"IOPNEY FOR FPUA
ATTEST: CITY OF FORT PIERCE
BY: ; 'l
_'I' T FRF. MAYOR.
DATE: j
APPRO';�! AS FORM AND
CORkt`ECTNES".
�G
L1T.R�
1,1
Of 12
Exhibit A
LEGAL DESCRIPTION: PARKLAND MSBU
A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 FAST,
ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 15 OF SILVER OAK ESTATES, AS
RECORDED IN PIAT BOOK 20, PAGE 8 OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA; THENCE WEST ALONGTHE SOUTH LINE OF SAID SILVER OAK
ESTATES, A DISTANCE OF 1159.16' TO THE SOUTHWEST CORNER OF LOT 5 OF
SAID SILVER OAK F,STATES; TI-IF,NCE NORTH ALONG THE WEST LINE OF SAID
SILVER OAK ESTATES A DISTANCE OF 495''1'0 THE NORTHWEST CORNER OF SAID
SILVER OAK ESTATES; THENCE WEST ALONG THF, WESTERLY EXTENSION OF THE
SOUTH LINE OF BLOCK 20 OF RIVERDALE YACHT CLUB ESTATES, UNIT TWO, AS
RECORDED IN PLAT BOOK 6 AT PAGE 40 OF "THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, TO A POINT ON THE WEST RIGHT--OF-WAY LINE OF MERRY
BEE DRIVE; THENCE NORTHWESTERLY ALONG SAID WEST RIGHT-OF-WAY LINE
TO A POINT ON TI IE NORTH RIGHT-OF-WAY LINE OF PARKLAND BOULEVARD
EXTENSION (50' RIGI-1"T-OF-WAY), SAID POINT ALSO BEING THE SOUTHEAST
CORNER OF TI IAT PARCEL OF LAND DESCRIBED IN ORB BOOK 1718 AT PAGE 1 179
OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TI TENCE WEST
ALONG THE SOUTH LINE, OF SAID PARCEL A DISTANCE OF 275' MORE OR LESS TO
THE APPROXIMATE MEAN HIGH WATER LINE OF THE NORTH FORK OF THE ST.
LUCIE RIVER; THENCE MEANDER NORTI TERLY ALONG SAID APPROXIMATE
MEAN HIGH WATER LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE
OF LOT 10, BLOCK 12 OF RIVERDALE YACHT CLUB ESTATES UNIT 2 AS
RECORDED IN PLAT BOOK 6 AT PAGE 40; THENCE EAST ALONG THE NORTH LINE
OF SAID RIVERDALE YACI IT CLUB ESTATES UNIT 2 TO TI IF NORTHEAST CORNER
OF LOT 6, BLOCK 8; THENCE SOUTH ALONG THF EAST LINE OF LOTS 6 AND 7 A
DISTANCE OF 60'; "THENCE EASTPARALLEL WITH "THE NORTII LINE OF SAID LOT
6, BLOCK 8 A DISTANCE OF 125' TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF LENAPE STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE A
DISTANCE OF 60' TO A POINT ON THE NORTH LINE OF RIVERDALE YACHT CLUB
ESTATES UNIT 2; THENCE EAST ALONG SAID NORTI I LINE TO THE NORTHEAST
CORNER OF LOT 6, BLOCK 2 OF RIVERDALE YACHT CLUB ESTATES UNIT 2;
THENCE SOUTH ALONG THE EAST LINE OF LOTS 6 THROUGH 15, BLOCK 2 AND
THE SOUTHERLY EXTENSION "THEREOF TO A POINT ON THE SOUTH RIGI-IT-OF-
WAY LINE OF PARKLAND BOULEVARD (80' RIGIT"T-OF-WAY); THENCE EAST
ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 25' "I'O THE NORTHEAST
CORNER OFLOT 3, BLOCK 23; "THENCE CONTINUE EAST ALONG SAID RIGHT-OF-
WAY LINE A DISTANCE OF 16.67'; THENCE SOUTH AND PARALLEL WITH THE
EAST LINE OF LOT 3, BLOCK 23 A DISTANCE OF 125''1'0 A POINT ON THE SOUTI T
LINE OF SAID BLOCK 23; THENCE WEST ALONG THE SOUTI I LINE OF SAID BLOCK
23 A DISTANCE OF 166.66' TO 1-1 IF SOUTHWEST CORNER OF LOT 5, BLOCK 23;
THENCE SOUTH ON THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID LOT
8 of 12
5, BLOCK 23 A DISTANCE OF 165'; THENCE EAST 15'; THENCE SOUTH 30'; THENCE
WEST 10'; THENCE SOUTH22.54' TO A POINT ON THE NORTII RIGHT-OF-WAY LINE
OF WHITE, OAK LANE; SAID POINT BEING ON A CURVE CONCAVE "LTO THE NORTH
HAVING A RADIUS OF 25'; THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 42° 50'A DISTANCE OF 18.68' TO THE POINT OF
REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS
OF 50% THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 2060 05'24" A DISTANCE OF 179.79' TO THE NORTHEAST
CORNER OF LOT 15 OF SILVER OAK ESTATES AS RECORDED IN PLAT BOOK 20 AT
PAGE 8; THENCE SOUTHEASTERLY ALONG THE EAST LINE OF SAID LOT 15 A
DISTANCE OF 208.42' TO THE POINT OF BEGINNING.
TOGETHER WITH THE' FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED
IN OFFICIAL RECORD BOOK 247 AT PAGE 1072 OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA.
"BEGIN AT THE NORTHEAST CORNER OF LOT 10, BLOCK 12, RIVERDALE YACHT
CLUB ESTATES UNIT 2, AS RECORDED IN PLAT BOOK 6, PAGE 40, ST. LUCIE
COUNTY, FLORIDA, RUN WEST ALONG THE NORTH LINE OF SAID LOT 10, 154.30',
THENCE ON AN ANGLE OF 90° 05' AS MEASURED FROM EAST TO NORTIT RUN
NORTH 91', THENCE ON AN ANGLE OF 68° 44'20" AS MEASURED FROM SOUTH TO
EAST RUN SOUTHEASTERLY 159.60' FO THE WESTERLY LINE OF MERRY BEE
DRIVE IF EXTENDED NORTH, TI IENCE RUN SOUTHEASTERLY 34' TO THE POINT
OF BEGINNING."
LESS AND EXCEPT "THE PARCEL, OF LAND AS DESCRIBED IN OFFICIAL, RECORD
BOOK 1961, PAGE 2878; AND LESS AND EXCEPT ALL ROAD RIGHT-OF-WAYS OF
RECORD.
PREPARED: September 28, 2012
9 of 12
Parkland Boulevard MSBU
10 of 12
Parkland MSBU Parcel List
340970301350007
340970300610007
340970300910006
340970300110002
340970301080009
340980300060001
340970301100006
340970300760005
340970300890009
340970100040004
340970300020006
340970301120000
340980300090002
340970300570006
340970300840004
340970300260000
340970300270007
340970300480000
340970300930000
340980300030000
340980300020003
340980300100002
340943200070000
340970301210006
340943100010005
340970301020007
340970301470004
340970301240007
340970301390005
340970301190009
340970301140004
340980300070008
340970300810003
340970300360003
340970301480001
340970300680006
340970300330002
340970300460006
340970300410001
"EXHIBIT B"
11 of 12
340970301420009
340970300310008
340970300980005
340943100010201
340943100010304
340943200030002
340970101010000
340970300050007
340970300080008
340970300290001
340970300380007
340970300430005
340970300440002
340970300510004
340970300550002
340970300590000
340970300620004
340970300660002
340970300700003
340970300720007
340970300860008
340970300880002
340970301000003
340970301170005
340970301270008
340970301290002
340970301330003
340970301370001
340980300040007
340980300050004
340980300080005
340980300110009
340980300120006
340980300130003
340980300140000
12 of 12