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Home My WebLink About04-115RESOLUTION NO. 04-115 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DETERMINING THAT AMENDING THE REVELS LANE1 MUNICIPAL SERVICES BENEFIT UNIT BOUNDARY TO INCLUDE CERTAIN PROPERTIES ON SEVENTH STREET IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITHIN THE AMENDED REVELS LANE1 MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 100% OF THE BENEFITS WILL ACCRUE TO PROPERTIES WITHIN THE AMENDED REVELS LANE1 MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT THE SPECIAL ASSESSMENTS FOR THE AMENDED REVELS LANE1 MUNICIPAL SERVICES BENEFIT UNIT TO FUND THE COST OF A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS ARE JUST AND RIGHT; APPROVING AND CONFIRMING A REVISED PRELIMINARY ASSESSMENT ROLL BASED ON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; LEVYING A NON-AD VALOREM SPECIAL ASSESSMENT ON THE REAL PROPERTY WITHIN THE AMENDED REVELS LANE1 MUNICIPAL SERVICES BENEFIT UNIT BASED ON THE APPROVED ROLL; AUTHORIZING COLLECTION OF THE SPECIAL ASSESSMENT BY THE UNIFORM METHOD OF COLLECTION; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 21,2001, based on the petition of sixty two (62%) percent of the landowners pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code"), the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 01-189 which created the Revels Lane1 Municipal Services Benefit Unit (the Revels Lane1 MSBU") to levy non-ad valorem special assessments based on the equivalent residential connection method of assessment to fund the cost of a project to provide potable water improvements to properties within the boundaries of the Revels Lane1 MSBU in unincorporated St. Lucie County, Florida (the "Project"), and authorized the St. Lucie County Director of Engineering (the "County Engineer") to proceed with the Project pursuant to the procedures set forth in Section 1-13.5 of the Code; and WHEREAS, on November 5, 2002, the Board adopted Resolution No. 02-257 and thereby, (1) adopted the Preliminary Assessment Roll for the Revels Lane1 MSBU which was based on the estimated costs for the Project, (2) authorized the levy of a special non- ad valorem assessment (the "Special Assessment") within the Revels Lane1 MSBU in the amount set forth in the Preliminary Assessment Roll, and, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the tax bill for 2003 for a period of 15 years; and WHEREAS, on April 6, 2004 pursuant to Chapter 1-13.5 of the Code and Chapter 125 and Section 197.3632, Florida Statutes, the Board held a duly noticed and advertised second public hearing to consider the propriety and advisability of the Project and to act as an equalizing board to consider the comments of affected land owners and other interested persons concerning an amended Revels Lane1 MSBU boundary and to revise the preliminary assessment roll for the Revels Lane1 MSBU, proof of publication of the public hearing is attached as Exhibit "A"; and WHEREAS, after considering the comments of all interested persons, the Board has determined that the Revels Lane1 MSBU boundary shall be amended to add certain properties along Seventh Street, and to levy special non-ad valorem special assessments as set forth on the revised preliminary assessment roll for the amended Revels Lane1 MSBU, attached hereto as Exhibit "B", which assessments the Board determines provide a special benefit to the properties assessed and are fully and equitably apportioned among the benefited properties. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: The amended boundary of the Revels Lane1 MSBU, which includes the real property to be specially assessed to fund the cost of the Project, is shown on the attached Exhibit "C". Section 2: The Project shall be funded by a non-ad valorem special assessment levied to provide potable water improvements to properties within the amended Revels Lane1 MSBU in unincorporated St. Lucie County, Florida. Section 3: The method of assessment for the potable water improvements shall be based on the equivalent residential connection method of assessment such that each property within the amended Revels Lane1 MSBU shall share equally in the cost of the potable water improvements and that the amount of the assessment does not exceed the benefit to the properties derived from the improvements. -2- Section 4: The revised preliminary assessment roll (Exhibit"B") for the amended Revels Lane1 MSBU is hereby approved and confirmed and the assessment shall stand as a lien against the benefited properties until satisfied. Section 5: A non-ad valorem special assessment (the "Special Assessment") in the total estimated amount of $298,168.95 which includes interest, to fund the Project as shown on the plans and specifications prepared by the County is hereby levied on the real property within the amended Revels Lane1 MSBU (Exhibit "C") in the amounts set forth on the revised preliminary assessment roll attached as Exhibit "B". Section 6: The Special Assessment shall be collected by the uniform method of collection pursuant to Sections 197.3632 and 197.3635, Florida Statutes, as authorized by Chapter 1-13.5 of the Code beginning in November 2003 for a period of fifteen (15) years for the Revels Lane1 MSBU and beginning in November 2004 for a period of fourteen (14) years for the additional properties added to the amended Revels Lane1 MSBU. Section 7: The County Engineer is authorized to continue with the Project. Section 8: Upon the completion of Project, the County Engineer shall report the actual cost to the Board, and the Board shall confirm a final assessment roll with such adjustments as may be necessary in accordance with the provisions of Chapter 1-13.5 of the Code. Section 9. This Resolution shall be effective upon adoption. THE FOLLOWING PAGE IS THE SIGNATURE PAGE -3- After motion and second, the vote on this Resolution was as follows: Chairman Paula Lewis AYE Vice Chairman John Bruhn AYE Commissioner Doug Coward AYE Commissioner Cliff Barnes AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 6th day of April, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairl~n .,/ APPROVED AS TO FORM AND CORRECTNESS: County Attorney -4- SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune Port St. Lucie Tribune 800 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, S. Darlene Mailing, who on oath says that she is Classified Inside Sales Manager of the Fort Pierce Tribune and the Port St. Lucie Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, FIodda: that the attached copy of advertisement was publshed in the Fort Pierce/Pod St. Lucie Tribune in the following issues below. Affiant further says that the said Fort Pierce/Port St. Lucie Tribune is a newspaper published in Fort Pierce in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Flodda, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant furth~er~ays that she has neither paid or promised any person, fil:m or coporation any discount, rebate, commission or refund for'the purpose of securing this advertisement for publication in the said newspaper. The Fort Pierce Tribune has been entered as second class matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached (~opy of advertisement. A._~.d Pub Customer Number Date Copyline PO # ST LUClE CO BOARD OF CO538966 3/16/2004 PH4/6/04 PH4/6/04 ST LUCIE CO BOARD OF CO 3/30/2004 CO Subscribed and sworn to me before this date: ' o] zu k 0120 MEE11NG wmC 0F 0120 wmc 'oF' 0120 .mlC 0 MEETING MEE11NG MF_I~IING BEFORE THE BOARD OF cOUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA {THE "BOARD", will hold a SECOND PUBLIC HEARING to consider amending the project boundary and adopting a revised preliminary assessment roll within the REVELS LANE1 MUN C PAL SERVICES BENEFIT UNIT to fund the cost of a project to provide potable water to certain properties within the REVELS LANE1 MSBU boundary. The matter will be considered at the Board's regular meet. lng on the BTH da¥of April 2004, at 6:00 PM or soon thereafter as the matter may be heard in the St. Lu. cie County Commission Chambers at the St. Lucie County Administration Building Annex, Third Floor 2300 Virginia Avenue, Fort Pierce, Florida 34982. The additional properties to be added to the REVEL,c LANE1 Municipal Services Benefit Unit are indicated on the map below: ,evels 1 MSBU N L~gend ~ t ~ I=l~l~ I.~a. ~ USau 0 185. 370 740 F~ Map ~e~ Fe~a~ 27, ~ The project costs for the potable water system would be funded by a non-ad valorem special assessmen' levied on properties within the REVELS LANE1 Municipal Services Benefit Unit. The assessment for th~ additional properties will be collected by the St. Lucie County Tax Collector beginning in November 2004, in fourteen (14) annual installments plus interest and cost of collection (subject to certain rights prepayment). All affected persons have the right to appear and be heard at the above PUBLIC HEARING and have right to file with the County Engineer, within twenty (20) days of the date hereof, written objections a= to the proprietary and advisability of the project, as to the cost thereof, as to the manner of payment thereof, and as to the amount thereof to be specially assessed against each parcel of property benefit- ted thereby. Written comments received in advance of the public hearing will be heard. Amendments to the municipal services benefit unit may be made at the public hearing. THIS NOTICE EXECUTED AND DATED THIS 16TH DAY OF MARCH, 2004. Publish:March 16, 30, 2004 538966 h EXHIBIT C Revels ~ MSBU ' ...a ....... :.~, N Legend A r i Revels Lane 1 MSBU 0 180 360 720 Feet ~ ' I ~ ~ ~ I ~ ~ ~ I Map prepared March 5, 2004