HomeMy WebLinkAbout18-104ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
IROQUOIS/NAVAJO MUNICIPAL SERVICES BENEFIT UNIT
INITIAL ASSESSMENT RESOLUTION
ADOPTED JUNE 5, 2018
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TABLE OF CONTENTS
PAGE
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
SECTION 2.03. 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...........................................................14
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. CONFLICTS...................................................................................................15
SECTION 4.02. SEVERABILITY.............................................................................................15
SECTION 4.03. EFFECTIVE DATE........................................................................................16
APPENDIX A IROQUOIS/NAVAJO MSBU LEGAL DESCRIPTION
APPENDIX B INTERLOCAL AGREEMENT - FPUA
Initial Assessment Resolution
RESOLUTION NO. 2018-104
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 IROQUOIS/NAVAJO
MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING
THE PROPERTY TO BE LOCATED WITHIN THE
IROQUOIS/NAVAJO 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:
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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.
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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 Iroquois/Navajo MSBU to approximate the relative benefit conveyed to
such parcels.
"Fiscal Year" means the period commencing on October 1 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.
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Initial Assessment Resolution
"Iroquois/Navajo MSBU" means the proposed Iroquois/Navajo 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 Iroquois/Navajo
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
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Initial Assessment Resolution
date of this Resolution. Words of any gender include the correlative words of the other
gender, unless the sense indicates otherwise.
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 Iroquois/Navajo 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 Iroquois/Navajo
MSBU including but not limited to: access to a centralized, publicly owned and operated
Initial Assessment Resolution
water utility system which will provide an increase in market valuation, enhanced
development/re-development potential, availability of water treated to comply with
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 Iroquois/Navajo 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.
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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 $406,500.
(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 twenty (20) 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, 2018, in the manner provided in Chapter 40 Article IV of the
Assessment Ordinance. The Assessment Roll shall include all Parcels within the
Iroquois/Navajo MSBU. The Assessment Coordinator shall apportion the estimated
Assessed Cost to be funded through Assessments in the manner set forth in this Initial
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Initial Assessment Resolution
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.
Initial Assessment Resolution
SECTION 2.03. PUBLIC HEARING. There is hereby established a public
hearing to be held at 6:00 p.m. on August 7, 2018 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.
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Initial Assessment Resolution
ARTICLE III
ASSESSMENTS
SECTION 3.01. IROQUOIS/NAVAJO MUNICIPAL SERVICES BENEFIT
UNIT. The proposed Iroquois/Navajo MSBU is described in Appendix A attached hereto.
The Project entails the installation of approximately 5,620 linear feet of potable water
mains, fire hydrants, and individual water services to benefit parcels on Iroquois Avenue
and Navajo Avenue.
SECTION 3.02. UTILITY SERVICE PROVIDER.
(A) This proposed Iroquois/Navajo 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 Iroquois/Navajo 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 $57,071.00 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, is in the process of being
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
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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 Iroquois/Navajo MSBU, the annual
amount of which shall be computed for each Parcel in accordance with this Article III.
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 Iroquois/Navajo MSBU
Assessments.
(B) The Iroquois/Navajo 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
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Initial Assessment Resolution
built thereon. Accordingly, it is fair and reasonable to use an ERC method for computing
the Iroquois/Navajo 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 Iroquois/Navajo
MSBU, the ERC system described herein does not include commercial use as an
apportionment factor.
(D) There are currently sixty (60) Parcels within the Iroquois/Navajo 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.
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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 $7,861.87. 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 $757.43. 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.
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Initial Assessment Resolution
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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.
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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 Frannie Hutchinson AYE
Vice Chair Linda Bartz AYE
Commissioner Cathy Townsend AYE
Commissioner Chris Dzadovsky AYE
Commissioner Anthony Bonna AYE
PASSED AND DULY ADOPTED 5TH DAY OF JUNE, 2018.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
A.6 County Attorney
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Initial Assessment Resolution
APPENDIX A
DESCRIPTION OF
IROQUOIS/NAVAJO MUNICIPAL SERVICES BENEFIT UNIT
A parcel of land lying within Section 28, Township 34 South,
Range 40 East and also being a portion of blocks 3, 23, 24, 27,
28, 46, 47, 55, 56 and 57 of San Lucie Plaza, Unit one as
recorded in plat book 5 page 57 of the public records of St.
Lucie County, Florida, being more fully described as follows:
Lots 1 and 2 and 21 - 35, Block 55, Lots 1 - 35, Block 56, Lots 4
- 20, Block 57, Lots 21 - 32, Block 47, Lots 8 - 20, Block 46,
Lots 13 - 24, Block 27, Lots 1 - 12, Block 28, Lots 7 - 13, Block
24, Lots 1 - 9, Block 23, Lot 9 Block 3, Less and except the
south 50 feet thereof, of said San Lucie Plaza Unit One
Subdivision:
Together with the following;
The north half of abandoned East Boulevard located south of and
adjacent to said Lot 9, Block 23 and that portion of abandoned
East Boulevard located south of and adjacent to said Lot 7, Block
24 and north of and adjacent to said Lot 9, Block 3. East
Boulevard being vacated per resolution 73 - 62 of the public
records of St. Lucie County, Florida;
Together with that portion of abandoned Lowell Road located north
of and adjacent to said Lot 1, Block 23, and south of and
adjacent to said Lot 12, Block 28 and that portion of abandoned
Lowell Road located north of and adjacent to said Lot 13 Block 24
and south of and adjacent to said Lot 13, Block 27. Lowell Road
being vacated per resolution 79 - 44 of the public records of St.
Lucie County, Florida
Together with that portion of abandoned Hawthorne Road located
north of and adjacent to said Lot 1, Block 28 and south of and
adjacent to said Lot 20, Block 46 and that portion of abandoned
Hawthorne Road located north of and adjacent to said Lot 24,
Block 27 and south of and adjacent to said Lot 21, Block 47.
Hawthorne Road being vacated per resolution 79 - 44 of the public
records of St. Lucie County, Florida. All of the above located in
said San Lucie Plaza Unit One Subdivision.
Initial Assessment Resolution
APPENDIX B
Interlocal Agreement