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HomeMy WebLinkAbout17-187JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 4 4353106 0912612017 02-37;44 PM RESO OR BOOK 4044 PAGE 2696 - 2706 Doc Type: RECORDING: $95,00 Attachment ST. LUCIE COUNTY, FLORIDA FINAL ASSESSMENT RESOLUTION SOLID WASTE SERVICES ADOPTED September 5, 2017 TABLE OF CONTENTS Page SECTION1. AUTHORITY.......................................................................................................1 SECTION 2. DEFINITIONS AND INTERPRETATION................................................................1 SECTION3. FINDINGS..........................................................................................................1 SECTION 4. IMPOSITION OF SOLID WASTE SERVICE ASSESSMENTS ...................................... 2 SECTION 5. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION .......................4 SECTION 6. EFFECT OF ADOPTION OF RESOLUTION...........................................................4 SECTION 7. EFFECTIVE DATE................................................................................................5 APPENDIX A: AFFIDAVIT OF MAILING........................................................................................A-1 APPENDIX B: PROOF OF PUBLICATION.............................................................................. B-1 APPENDIX C: FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENTROLL_ ...................................................................................... C-1 RESOLUTION 17-187 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN ST. LUCIE COUNTY, FLORIDA; IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY, FLORIDA TO FUND THE COST OF SOLID WASTE SERVICES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017; ESTABLISHING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION; CONFIRMING THE PRELIMINARY ASSESSMENT RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of St. Lucie County, Florida (the "County") is adopted pursuant to Chapter 38 of the Code of Ordinances and Compiled Laws of St. Lucie County (the "Ordinance"), Florida, Article VIII, Section 1(f), Florida Constitution, sections 125.01, 125.69 and 197.3632, Florida Statutes, and other applicable provisions of law, County Resolution No. 04-201 and Resolution No. 17-136 (the "Preliminary Assessment Resolution"). SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes the Final Assessment Resolution described in the Ordinance. All capitalized terms not otherwise defined in this Resolution shall have the meanings defined in the Ordinance and the Preliminary Assessment Resolution. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as follows: (A) The Board of County Commissioners of St. Lucie County, Florida (the "Board") has enacted the Ordinance which authorizes the imposition of annual Solid Waste Service Assessments against certain Assessed Property within St. Lucie County to fund solid waste collection, disposal and administrative services, facilities or programs. (B) The imposition of a Solid Waste Service Assessment for solid waste collection, disposal and administrative services, facilities or programs is an equitable and efficient method of allocating and apportioning the Solid Waste Costs incurred by the County each year among parcels of Assessed Property. (C) On September 14, 2004, the Board adopted Resolution No. 04-201 which authorized the imposition of Solid Waste Service Assessments to fund 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 County's Fiscal Year which began October 1, 2004. 1 (D) The County has imposed and collected Solid Waste Service Assessments each Fiscal Year since to fund the Solid Waste Costs. (E) On June 20, 2017, the Board adopted 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 the Fiscal Year beginning October 1, 2017 ("Fiscal Year 2017-18"), designating the rate of assessment for such Fiscal Year and the maximum assessment rate which may be adopted in future Fiscal Years without further notice, directing the preparation of an Assessment Roll for the Residential Property subject to the Solid Waste Service Assessments and a separate Assessment Roll for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years, and directing the mailing and publication of notices required by the Ordinance and the Uniform Assessment Collection Act. (F) The Assessment Roll for Fiscal Year 2017-18 has heretofore been made available for inspection by the public, as required by the Ordinance. (G) 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 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. (H) Such public hearing was held on September 5, 2017, and comments and objections of all interested persons have been heard and considered as required by law. (1) The Solid Waste Service Assessments contemplated hereunder are imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Resolution shall be construed solely as ministerial. SECTION 4. IMPOSITION OF SOLID WASTE SERVICE 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 and programs contemplated by the Ordinance and the Preliminary Assessment Resolution, in the amount of the Solid Waste Service Assessment set forth in the Assessment Roil, a copy of which was present at the above referenced public hearing and is incorporated herein by reference. (B) 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 2 amount not less than the Solid Waste Service Assessment for such parcel, computed in the manner set forth in this Resolution. (C) Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit, as set forth in the Ordinance and the Preliminary Assessment Resolution, from the solid waste collection, disposal and administrative services, facilities or programs to be provided and a legislative determination that the Solid Waste Service Assessments are fairly and reasonably apportioned among the Residential Properties that receive the special benefit as set forth in the Ordinance and Preliminary Assessment Resolution. (B) The method for computing Solid Waste Service Assessments described in the Preliminary Assessment Resolution is hereby approved. (C) For Fiscal Year 2017-18, the Solid Waste Cost is estimated to be $4,889,964.00. Such Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcel's 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 for Fiscal Year 2017- 18, For Fiscal Years thereafter, the Solid Waste Service Assessments may be imposed at a rate not to exceed $280.00 per Dwelling Unit without further notice to affected property owners unless the circumstances described in Section 12(B) of the Preliminary Assessment Resolution apply. (D) 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. (E) 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. (F) As authorized in Section 38-157 of the Ordinance, 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, 2017, 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 Service Assessment to pay for the costs of collection and processing. The amount which shall be imposed upon Interim Solid Waste Service Assessments, including the administrative fee, shall be 3 $21.45 per month per Dwelling Unit for each month until such Residential Property can be included on the forthcoming Assessment Roil. (G) As authorized by Section 38-157 of the Ordinance, Solid Waste Service Assessment delinquencies may be collected by any lawful means, including but not limited to, the institution of an action to collect the amounts owed or their inclusion on the subsequent years Tax Bill. The Assessment Roll includes Solid Waste Service 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 for Fiscal Year 2017-18, 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 S. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION. The Preliminary Assessment Resolution is hereby ratified and confirmed. SECTION 6. 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. [Remainder of Page Intentionally Left Blank] 4 SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. PASSED, ADOPTED AND APPROVED THIS 5th day of September 2017. ATTEST: BY: GC De` uty Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE CO TY FL I BY: Z4 / Chairman APPROVE S TO FORM AND CORRE T S BY: County Attorne AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Anne Bowers, who, being duly sworn, deposes and says: 1. 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 1-4, 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 18, 2017 (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 Rall. 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 thatall affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. FURTHER AFFIANT SAYETH NOT. i Anne Bowers, Affiant STATE OF FLORIDA COUNTY OF ST. LUCIE COUNTY �r r, The foregoing Affidavit of Mailing was sworn to and subscribed before me thisayof r #t f , 2017, 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,ri�„ar„ susen Coverture My Commission Expird ; ' MrCaM1u1*naoas3r1e Commission No.: ' APPENDIX B PROOF OF PUBLICATION NOTICE OF NEARINGTO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS St- Lucie Canny, Fl 41hs "Cour ly) imposes specwl sasesarrwnls. somel - r.lw.ed to n mnwd W— —ii.—Ail. against Wain lmprov.d reaid.nlial pyopwl- heated within It. County S.4d Ylaste Urb.n Service Area daplelecl below to hand the annual coal a lresidearbage, residential grecycling and yard wade colleelgn anal deapaeel —Coo elite "So1ld Waste Au—mel Natica )x niPehjl gran thatthe Board ct Courcy Commisworsers of the County (Ute •l ill comucl a public Iwwng to --W., anpo-m Sold Wast. Asfeaarrnnta to lend U. o$1 of tach .1-i F and facilles fa the fil yew eonn—.cing DetAs, 1. 2017 ('lYew ;land each reseal rev thereafter, ane to erahonze eofacton of such asunm-Ma on the annual prop" len bill. The Solid Wast. Aaeeesmsnt is an ennual ass.eslmM witch whl continue hum yaw to year. Tne hearing wall be held n the County Commmuon C1,—1 u e:00 p.m. en S.pt.mbw5, 2D87, or as soon thwasher as 0. metlw may ha heard;mita St. L— C-4 Commission Ch—tb be stall m the Third roar in the SL Lucie County Adminiairalion Arwx. 2300 V.gnio Ayenua, Fort Pkrc-, Flom;, forth. p.p.-of ewing public comment on Me prop -sad Soled Wast. A,--'(,. All 0wild properly --- have a rgld to appear al the neualg and to fija "at—lois 0... with til. Sowd within ?D days of th. rwtica. I! is so pern decides to appeal any tleeialon marl by 1M Bowd with ryp.ct to any mailer —kho-d al Ow h i wing, such pars.. wH need a r.card at theor ...tlnga and may need to ensure that a v".h. raced q meds, it ludheg the testimony and i nd-ne- upon whkh the appeal 181. b. mad i. In ac clwtoe with the Amts is with D"bWl.s Act,. pwaons needing a apaewl mco—d.11on or an IMvp et. to perhGpate in this proceeding ill contact George Landry, Salary and nigh Manger at (772) 452-1540 w TDD (772}462-142x. illkeit oven days prior ie th. date o1 the Hering. t The Solid West. A.T.—I to each parcel wit a computetl by muttplring the tameb. of dwella g unils on the parcel by the rata of aa-eastaaM. The int. of aeseaame.t Fu Final Yam 2017-Ia ahe8 be+�cs fern per dwaling wt. The nwainn— Wo of asuaimmenl that ant be chwged h l 51,A yews wil additional neihe it $280.00 W dewgarg —" Copiav M the pya.wn.M roll showing the amours of the Solid Waste AWnes—mx to be nipoeed a9.0%zi each parch a1 prppwly, and th. Legal docune A.V.. relating w the --rd. we avaa.bk for i speclion at the ofrrca of th. Si. Luck County Property Al hcill Suite toy of the SI. Lucie County Admnufraaon Mnax .12300 Ift—Avenue, Fort Pierce, NMda. The Sell Waste Game;—rds wAl bs col letl by see SL Lida County Tax Coll ztha ad valorem tax bio mailed each Navembw. nudirp clNo—low 2017, ea haraed by Section 197,3432. Florltla Statutes. Facture to pay The asaeasmema wi1t a to cMifieeta W be saved against th. prop" whlpi, easy—A n is bee al Nate. n you neve any grratiana. pleas. conucl th. County at 17721 462.1651, Monday U-•ortgh Frldry belwaen Ill a.m. ant g G0 p m, SC Treadeee Coenwre.ep.p.r. sunday.luly3(1,2017 MA Introducing an MSS/ EVENT WORTH SHOUTING ABOUT. LEARN ABOUT LIVING Wl RELAPSING MULTIPLE SCLEROSIS IMS) AT THIS LIVE EVENT" ,v,, u, to IW?ai Orr M3 Cvpvel dl Gu SS al Oral Vealrnerll ail la relapsing MS DATE AND TIME:. Thuradey, 0&9372017 .1 IOW AM l- r_. >.F. t i-. Deni if Ill MD, FAAN Kardcr 14"O ogy Coconut Cteett, FL OCAI K -1r4 Pon St Lucie Community Centex 2195 SE All Bind Fort St Lucre. FL 3491S1 TR417842 (13809001 PLEASE RSVP': • nW�xingMea.ipleSdaroslsEvantx,eom • 1-856-703-6293 • MSFtSVPftM—drrect.tom •Reglslraudn Is Ironed to two people per RSVP. Photo ID may he requested at svelte emrartil Curnphmenlary parking all vale. avaaabie. A hghl meal nr snack easy be provKW Hawwd N. Tipton r'x1 r• COO L County, Aurrdnti for GZLE MS 1595.143@(2; CELEBRATE Certification! f Three year Accreditation is something to 7 7• CELEBRATE! 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Pal Onlq m ww:tr..r:a1 •ear ------------ -- E x p e I' f e n c e The Difference CALL TODAY Jerome Vitale, DMD s a 7ecogn¢edexperi D1 the Folds of Aimil , implant and Sedat'Cn oilr} Wil # L N13975 a ll Ya* rrairled 134361, SILLufelk Part St, Lill FL 3110 ( [2) 337.1111 www.BoulevardBenblkssociates.com 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 for as I have been able to ascertain; and that all required extensions on the above described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by -C;o4,' f 2017. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St, Lucie County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this__L day of wU'Cf- 2017. ST. LUCIE COUNTY, FLORIDA fJf Christin' a'Sutton-Hardie [To be delivered to Tax Collector prior to September 1]