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Home My WebLink About11-022ORDINANCE N0.11-022 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA PERTAINING TO THE GROVE STREET LIGHTING DISTRICT; AMENDING AND RESTATING ORDINANCE NOS. 82-1 AND 83-06; DESCRIBING THE REAL PROPERTY COMPRISING THE GROVE STREET LIGHTING DISTRICT; PROVIDING THAT THE BOUNDARY OF THE DISTRICT MAY BE REVISED IN THE FUTURE BY RESOLUTION; PROVIDING THAT THE APPORTIONMENT METHODOLOGY FOR SPECIAL ASSESSMENTS LEVIED UPON REAL PROPERTY WITHIN THE DISTRICT TO FUND THE STREET LIGHTING SERVICES AND RELATED EXPENSES SHALL BE PROVIDED FOR BY RESOLUTION; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR NON CODIFICATION; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), has made the following determinations: 1. The Grove Street Lighting District (the "District") was created by County Ordinance No. 82-1 (as amended from time to time, and particularly as amended by Ordinance No. 83-06, the "Ordinance") for purposes of providing for the delivery of street lighting services within the boundaries of the District and the funding of such services through the imposition of special assessments levied upon real property located therein. 2. The Board deems it advisable to amend and restate the Ordinance to set forth a description of the real property comprising the District, to provide that the District boundary may be revised in the future by resolution and to provide that the apportionment methodology for special assessments levied upon real property within the District to fund the street lighting services shall be as provided by resolution. 3 Article VIII, section 1 of the Florida Constitution and Sections 125.01 and 125.66, Florida Statutes, grant to the Board all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general or special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3611308 07/20/2011 at 03:07 PM 1 OR BOOK 3309 PAGE 1780 - 1783 Doc Type: ORDN RECORDING: $35.50 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: SECTION 1. AMENDMENT AND RESTATEMENT OF ORDINANCES. County Ordinance Nos. 82-1 and 83-06, including any amendments thereto, are hereby amended and restated in their entirety by this ordinance. SECTION 2. ESTABLISHMENT OF THE DISTRICT. The establishment and creation of The Grove Street Lighting District is hereby ratified and confirmed. The District has been created for purposes of providing for the delivery of street lighting services within the boundaries of the District and the funding of such services through the imposition of special assessments levied upon real property located therein SECTION 3. BOUNDARIES OF THE DISTRICT. (A) The District is described as follows: A pazcel of land lying in Section 10, T-36-S, R-40-E, St. Lucie County, Florida, said parcel being more particulazly described as follows: All that part of the Grove Condominium, Section One, Phases 1, 2, 3, 4, 5, 6, 7, 8, 11 and 19 according to the Declazation of Condominium as described and recorded in Official Record Book 386, page 817 of the public records of St. Lucie County, Florida. Less and except the following described pazcels of land; Section 1, Phase 19 (Recreation Pazcel) according to the Declazation of Condominium as described and recorded within Official Record Book 386, page 817; and less and except the Lake pazcel as described within Official Record Book 803 at page 2055. Less and except public and or private road and canal right of ways of record. (B) The boundaries of the District may be subsequently revised or amended by resolution adopted in accordance with County Ordinance No. 10-017, or its successor in function (the "Assessment Ordinance"). SECTION 4. LEVY OF SPECIAL ASSESSMENTS WITHIN THE DISTRICT; APPORTIONMENT METHODOLOGY. (A) Special assessments imposed within the District to fund street lighting services shall be levied in accordance with the Assessment Ordinance. 2 (B) The method of apportioning special assessments imposed within the District to fund the delivery of street lighting services and related expenses shall be as provided by resolution adopted in accordance with the Assessment Ordinance. SECTION 5. CONFLICTING PROVISIONS; REPEALER. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. SECTION 6. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. SECTION 7. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. SECTION 8. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Florida Department of State. SECTION 9. CODIFICATION. This ordinance shall not be codified. SECTION 10. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft AYE Vice Chairman Chris Dzadovsky AYE Commissioner Paula A. Lewis AYE Commissioner Tod Mowery AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ENACTED this 5th day of July 2011. 3 ATTEST: ty ~. s ~:'YY .:. #`~t~ ~. ~iI ~ C'~r~.,. ~~:. ~+, :. ~. ~; ~~.i. r i '-_ :, :: r-'y ~L..l '}. ~S - ~ >.y ,Kr7" BOARD OF COUNTY COMMISSIONERS ST. LU~I COU~, FLQRIDA APPROVED AS TO FORM AND CORRECTNESS: BY: 4 FLORIDA DEPARTMENT 0 f STATE RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES Governor July 22, 2011 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Ave Fort Pierce, Florida 34982 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: KURT S. BROWNING Secretary of State m Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated July 18, 2011 and certified copies of St. Lucie County Ordinance Nos. 11-020, 11-022 and 11-023, which were filed in this office on July 20, 2011. Sincerely, 1~ ~-•v V ~,~ ~~- Liz Clouci Program Administrator LC/vm DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee. Florida 32399-0250 850.245.6600 • FAX:850.245.6282 TDD:850.922.4085 • http://info.florida.gov COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 FAX: 850.245.6643 850.245.6600 FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282