HomeMy WebLinkAbout18-142JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4471230 08/17!2018 10:54:24 AM
OR BOOK 4170 PAGE 1460 - 1476 Doc TYPe_ RESO
RECORDING: $146.00
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
IROQUOIS/NAVAJO MUNICIPAL SERVICES BENEFIT UNIT
FINAL ASSESSMENT RESOLUTION
ADOPTED AUGUST 7, 2018
TABLE OF CONTENTS
FINAL ASSESSMENT RESOLUTION
Page
SECTION1.
AUTHORITY.............................................................................................1
SECTION2.
DEFINITIONS...........................................................................................2
APPENDIX C
SECTION3.
FINDINGS..................................................................................................2
SECTION 4.
RATIFICATION AND CONFIRMATION OF
INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS .....
4
SECTION5.
ASSESSMENTS.........................................................................................4
SECTION 6.
APPROVAL OF ASSESSMENT ROLL..................................................5
SECTION 7.
COLLECTION OF ASSESSMENTS........................................................6
SECTION S.
EFFECT OF FINAL ASSESSMENT RESOLUTION .............................6
SECTION 9.
ASSESSMENT NOTICE...........................................................................7
SECTION 10.
EFFECTIVE DATE....................................................................................5
APPENDIX A
PROOF OF PUBLICATION
APPENDIX B
AFFIDAVIT OF MAILING
APPENDIX C
FORM OF ASSESSMENT NOTICE
m
RESOLUTION NO. 2418-142
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD
OF COUNTY COMMISSIONERS RELATING TO THE
CONSTRUCTION AND FUNDING OF POTABLE
WATER AND FIRE PROTECTION IMPROVEMENTS
BENEFITTING REAL PROPERTY LOCATED WITHIN
THE IROQUOISINAVAJO MUNICIPAL SERVICES
BENEFIT UNIT; DETERMINING THAT REAL
PROPERTY THEREIN WILL BE SPECIALLY BENEFITED
BY THE IMPROVEMENTS; ESTABLISHING THE
METHOD OF ASSESSING THE COSTS OF THE
IMPROVEMENTS AGAINST THE REAL PROPERTY
THAT WILL BE SPECIALLY BENEFITED THEREBY;
ESTABLISHING OTHER TERMS AND CONDITIONS
OF THE ASSESSMENTS; RATIFYING AND
CONFIRMING THE INITIAL ASSESSMENT
RESOLUTION; APPROVING THE ASSESSMENT ROLL;
IMPOSING ASSESSMENTS UPON ALL TAX PARCELS
DESCRIBED IN THE ASSESSMENT ROLL; PROVIDING
THE METHOD OF COLLECTION; DIRECTING
RECORDED NOTICE OF THE ASSESSMENTS; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE
COUNTY AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution of the St. Lucie County
Board of County Commissioners (the "Board") is adopted pursuant to the provisions of
Article IV of Chapter 40 of the County Code of Ordinances (as successor to Chapter 1-
13.6 thereof) (the "Assessment Ordinance"), sections 125.66, 197.3632, and 197.3635 of
the Florida Statutes, and other applicable provisions of law, and Resolution No. 2018-
104 adopted by the Board on June 5, 2018 (the "Initial Assessment Resolution")
SECTION 2. DEFINITIONS. This Resolution is the Final Assessment
Resolution. All capitalized terms in this Resolution shall have the meanings defined in
the Assessment Ordinance and the Initial Assessment Resolution.
SECTION 3. FINDINGS. It is hereby ascertained, determined and
declared that:
(A) The findings provided in Section 1.04 of the Initial Assessment Resolution
are hereby ratified, confirmed, and incorporated as if set forth fully herein.
(B) On June 5, 2018, the Board adopted the Initial Assessment Resolution
which described the potable water and fire protection improvements comprising the
Project, provided for the funding thereof through Assessments and the method of
assessing the cost of such improvements against the real property located within the
Iroquois/Navajo MSBU benefited thereby, established a public hearing to consider
imposition of the Assessments, and directed preparation of the preliminary Assessment
Roll.
(C) Pursuant to Section 40-100(f) of the Assessment Ordinance, the Board is
required to repeal or confirm the Initial Assessment Resolution, with such amendments
as the Board deems appropriate, after hearing concerns and receiving comments or
objections of interested parties.
(D) The Assessment Roll has heretofore been filed at the office of the County
Engineer and made available for public inspection.
2
(E) As required by the terms of the Assessment Ordinance and the Initial
Assessment Resolution, notice of a public hearing has been published and mailed to
each affected property owner notifying such property owner of the opportunity to be
heard. The proof of publication and an affidavit of mailing are attached hereto as
Appendices A and B respectively.
(F) A public hearing has been duly held and comments and objections of all
interested persons have been heard and considered as required by law.
(G) The Assessments contemplated hereunder will be 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.
(H) The special benefits derived from the Project, as further described in the
Initial Assessment Resolution, exceed the amount of the Assessments levied and
imposed hereunder. The Assessment for any Parcel subject thereto does not exceed the
proportional benefits that such Parcel will receive compared to any other Parcel.
(I) The Board hereby finds and determines that the Assessments to be
imposed in accordance with this Resolution provide an equitable method of funding the
Project by fairly and reasonably allocating the costs associated with the Project among
specially benefited property.
3
SECTION 4. RATIFICATION AND CONFIRMATION OF INITIAL
ASSESSMENT RESOLUTION ANIS PRIOR ACTIONS.
(A) The Initial Assessment Resolution is hereby ratified and confirmed.
(B) The Iroquois/Navajo MSBU, the description of which is set forth in the
Initial Assessment Resolution, is hereby established.
(C) Any and all prior actions of the Board associated with the imposition of
Assessments to fund the Project are hereby approved, ratified and confirmed in their
entirety.
SECTION 5. ASSESSMENTS.
(A) Section 2.01 of the Initial Assessment Resolution estimated the maximum
Assessed Cost of the Project to be $406,500. Such estimate is based upon projected
construction costs.
(B) After affording owners of Assessed Property an opportunity to enter into
Restrictive Covenant Agreements, there are sixty (60) Parcels within the
Iroquois/Navajo MSBU.
(C) Accordingly, an Assessment in the amount of $7,861.87 per ERC is hereby
levied and imposed against each Parcel described in the Assessment Roll. The
maximum annual installment of the Assessment per ERC is $757.43 which includes
annual financing, collection and administration costs.
4
(D) Owners of Assessed Property may prepay the Assessment in accordance
with Section 7 hereof and thereby avoid annual interest.
(E) The Assessment imposed against each Parcel may be reduced upon
completion of the Project, depending on whether contingencies arise during
construction. Any such further reduction shall be established by supplemental
resolution of the Board.
(F) The Parcels described in the Assessment Roll are hereby found to be
specially benefited by the Project in an amount which equals or exceeds the
Assessments imposed hereunder. The apportionment methodology for the
Assessments, as set forth in Section 3.04 of the Initial Assessment Resolution, is hereby
approved.
(G) The Assessment shall constitute a lien against Assessed Property 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.
SECTION b. APPROVAL OF ASSESSMENT ROLL. The Assessment
Roll, which is on file in the office of the County Engineer and incorporated herein by
reference, is hereby approved. The Assessment Roll shall be retained by the
Assessment Coordinator and shall be available for public inspection. The foregoing
shall not be construed to require that the Assessment Roll be in printed form if the
5
amount of the Assessment for each Parcel can be determined by use of a computer
terminal or internet access available to the public.
SECTION 7. COLLECTION OF ASSESSMENTS. Owners of Assessed
Property may prepay the Assessment at any time on or prior to August 31, 2018, and
thereby avoid annual financing, collection and administration costs. Assessments
imposed hereunder which are not prepaid by such date shall be collected in not more
than fifteen (15) annual installments pursuant to the provisions of the Initial Assessment
Resolution and Uniform Assessment Collection Act, commencing in November 2018.
The principal balance of the Assessment shall not be accelerated upon sale or
conveyance of Assessed Property but may be paid in full at any time at the option of the
owner thereof; provided, however, that after December 30, 2018, the amount necessary
to prepay the Assessment may include a pro rata share of any financing costs associated
with bonds, notes or other debt obligations issued by the County to finance the costs
associated with the Project (including but not limited to prepayment premiums
imposed by the holder of such debt obligations). Upon adoption of this Resolution, the
Assessment Coordinator is authorized to cause the certification and delivery of the
Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the
Uniform Assessment Collection Act.
SECTION S. EFFECT OF FINAL ASSESSMENT RESOLUTION. The
adoption of this Final Assessment Resolution shall be the final adjudication of the issues
6
presented herein and in the Initial Assessment Resolution (including, but not limited to,
the method by which the Assessments are computed and apportioned, the Assessment
Roll, and the rate of Assessment unless proper steps are initiated in a court of
competent jurisdiction to secure relief within twenty (20) days from the date of the
Board's adoption of this Final Assessment Resolution.
SECTION 9. ASSESSMENT NOTICE. The Assessment Coordinator is
hereby authorized to record a general notice of the Assessments in the Official Records
in the office of the St. Lucie County Clerk of Courts. Such notice shall be in
substantially the form attached hereto as Appendix C and shall be recorded upon
completion of the Project.
[Remainder of Page Intentionally Left Blank]
7
SECTION 10. EFFECTIVE DATE. This Final 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 this 7th day of August, 2018.
BOARD OF COUNTY
COMMISSIONERS ST. LUCIE
COUNTY, FLORIDA
ATTEST:
Deputy Clerk Chair
8
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney,
Final Assessment Resolution
APPENDIX A
PROOF OF PUBLICATION
A-1
Treasure Coast Newspapers I TCPAIM
St. Lucie News -Tribune
1939 SE Federal Highway, Stuart, FL 34994
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales
Manager of the St. Lucie News -Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the
attached copy of advertisement was published in the 5t. Lucie News -Tribune in the following issues below. Affiant further says
that the said St Lucie News -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, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant
further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publication in the said newspaper. The St. Lucie News -Tribune has been entered
as Periodical 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 copy of advertisement.
Customer Ad Number Co line PD #
435195 - ST LUCIE COUNTY BOCC 2063899 NOTICE OF NEARING TO IMPOSE AND PROV
Pub Dates
July 17, 2018
Sworn to and subscribed before me this day of, July 18, 2018, by
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who is
Natalie Zoll r
(X) personally known to me or
( ) who has produced
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Karol Kangas Notary Public
as identification,
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as identification,
NOTICE OF HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION OF
NON -AD VALOREM SPECIAL ASSESSMENTS
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Notice is hereby given that the Board of County Commission-
ers (the "Board") of St. Lucie County, Florida will conduct a
public hearing to consider adoption of a Final Assessment
Resolution related to the imposition of special assessments,
sometimes referred to as non -ad valorem assessments, with-
in theproposed Iroquois/Navajo Municipal Services Benefit
Unit (the "MSBU"). The final assessment resolution will pro-
vide forthe imposition of special assessments against proper-
ty located within the MSBU and collection of the assessments
by the St. Lucie County Tax Collector as set forth in section
10-103 of the St. Lucie County Code of Ordinances. The hear-
ing will be held on Tuesday, August 7, 2018 at 6.00 p.m., or as
soon thereafter as the matters may be heard, in the St. Lucie
County Commission Chambers, 2300 Virginia Avenue, Fort
Pierce, Florida. Please enter through the north entrance of
the Roger Poitras Annex and proceed to the County Commis-
sion Chambers located on the third floor. All affected prop-
erty owners have a right to appear at the hearing and to file
written objections with the Board within twenty (20) days of
this notice. The assessment will be 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. The assessments will be col-
lected in accordance with Section 197.3632, Florida Statutes,
which authorizes collection of non -ad valorem assessments
by the St. Lucie County Tax Collector on the annual property
tax bill. Collection is anticipated to commence in November,
2018 and annual installments will continue each year for a
period not to exceed fifteen (15) years, or until the amount of
the assessment is paid in full. A more specific description of
the MSBU Project and the method of computing the assess-
ment for each parcel of property are set forth in Resolution
No. 2018-104 (the "Initial Assessment Resolution") which was
approved by the Board on June 5, 2018. A draft of the Final
Assessment Resolution and the preliminary assessment
roll are available for inspection at the office of the County
Engineer, 2300 Virginia Avenue, Fort Pierce, Florida. If you
have any questions, please contact Barbara Guettler of
the St. Lucie County Engineering Division at (772) 462-3500.
ANY PERSON WISHING TO ENSURE THAT AN ADEQUATE
RECORD OF THE PROCEEDINGS IS MAINTAINED FOR APPEL-
LATE PURPOSES IS ADVISED TO MAKE THE NECESSARY
ARRANGEMENTS FOR RECORDING AT HES OR HER OWN
EXPENSE. PERSONS WITH DISABILITIES NEEDING ASSIS-
TANCE TO PARTICIPATE IN ANY Of THESE PROCEED-
INGS SHOULD CONTACT THE ST. LUCIE COUNTY CLERK
AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.
To be published on or before July 17, 2017. TCN 2063899
Final Assessment Resolution
APPENDIX B
AFFIDAVIT OF MAILING
BEFORE ME, personally appeared the undersigned affiant, who after being duly sworn depose
and say:
(1) 1 am the MSBU Coordinator for the Engineering Division of St. Lucie County,
Florida.
(2) On or before July 17, 2018, 1 facilitated and directed mailed notice of a public
hearing to be held on August 7, 2018, by the St. Lucie County Board of County Commissioners
for purposes of receiving public comment on the imposition of special assessments (the
"Assessments") within the Iroquois/Navajo Municipal Services Benefit Unit ("MSBU") to fund
potable water and fire protection improvements. The notices were mailed in accordance with
Section 2.02(F) of Resolution No. 2018-104 and Section 40-100(e) of the County Code of
Ordinances, to each owner of real property located within the Iroquois/Navajo MSBU subject to
the Assessments at the addresses shown on the real property tax roll database maintained by
the St. Lucie County Property Appraiser for the purpose of the levy and collection of ad
valorem taxes.
(3) An exemplary form of such notice is attached hereto.
FURTHER AFFIANT SAYETH NAUGHT.
T) 1 4 � AjO,'7
Barbara Guettler, affiant
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Tk_1
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of V 2018, by Barbara Guettler. She is pey,gown to me or has
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produced as identification and did take an oath.
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Final Assessment Resolution
APPENDIX C
FORM OF ASSESSMENT NOTICE
July 17, 2018
***NOTICE OF PUBLIC HEARING***
RE: Iroquois/Navajo Municipal Services Benefit Unit
Parcel ID No. XXXXXXXXXX
Dear Property Owner:
The Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") will hold a public
hearing to consider the levy of non -ad valorem special assessments on parcels within the Iroquois/Navajo Municipal
Services Benefit Unit ("MSBU") to fund the cost of providing potable water and fire protection improvements
therein (the "Project"). The public hearing will be heard at the Board's regular meeting on Tuesday, August 7, 2018
at 6:00 p.m., or as soon thereafter as the matters may be heard, in the St. Lucie County Commission Chambers, 2300
Virginia Avenue, Fort Pierce, Florida. Please enter through the north entrance of the Roger Poitras Annex and
proceed to the County Commission Chambers located on the third floor. All interested persons are invited to attend
and be heard. Affected property owners have the right to appear at the public hearing and to file written objections
with the County Engineer, but they must be received within twenty (20) days of the date of this notice. In addition,
the Board will also consider all comments received prior to or during the public hearing.
Attached to this letter you will find a Notice of Non -Ad Valorem Special Assessment. This notice indicates the
proposed amount of the special assessment to be assessed against your property for the purposes of funding the cost
to construct the improvements. The assessment will be based upon assigning one (1) Equivalent Residential
Connection for each single family dwelling unit or subdivided residential lot capable of development with a single
family dwelling. The assessments will be collected in accordance with Section 197.3632, Florida Statutes, which
authorizes collection of non -ad valorem assessments by the St. Lucie County Tax Collector on the annual property
tax bill. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in
loss of title. Collection of the assessments is anticipated to commence in November, 2018 and annual installments
will continue each year for a period not to exceed fifteen (15) years, or until the amount of the assessment is paid in
full. A more specific description of the Iroquois/Navajo MSBU, the Project and the method of computing the
assessment for each parcel of property are set forth in Resolution No. 2018-104 (the "Initial Assessment
Resolution"), The Initial Assessment Resolution and the preliminary assessment roll are available for inspection at
the office of the County Engineer, 2300 Virginia Avenue, Ft. Pierce, Florida.
If the Board levies special assessments on the parcels within the Iroquois/Navajo MSBU, parcel owners may choose
to "prepay" their assessment; thereby, realizing a savings in interest and financing fees. The prepayment period
would be from 08/13/2018 through 08/31/20 1 8. The prepayment amount for this parcel is indicated on the Notice of
Non -Ad Valorem Special Assessment. If the assessment is not paid during the prepayment period, it would be added
to the parcel's property tax bill and financed for a period of up to fifteen (15) years. If the Board levies assessments
on August 7, 2018, you will be notified by mail and reminded of the prepayment period.
Any person wishing to ensure that an adequate record of the proceedings is maintained for appellate purposes is
advised to make the necessary arrangements for recording at his or her own expense. Persons with disabilities
needing assistance to participate in any of these proceedings should contact the St. Lucie County Clerk at least 48
hours in advance of the meeting.
If you have questions or concerns, please feel free to contact us at 772-462-3500.
C-2
Final Assessment Resolution
ST. LUCIE COUNTY, FLORIDA
NOTICE OF NON -AD VALOREM ASSESSMENTS
IROQUOIS/NAVA.IO MSBU
1, Parcel Identification Number: XXXXXXXXXX
2. Unit of Assessment: Equivalent Residential Connection ("ERCs"
3. Assessment Amount per ERC: $7,861.87
4. Number of ERCs assigned to your parcel: X
5. Total assessment assigned to this parcel: XXXXX
6. Prepayment amount (if you pay in full by 08/31/2018): XXXXXX
7. Maximum annual payment for this assessment (if you do not prepay):XXXXX
(The amount of the maximum annual assessment payment includes a pro rata share of the costs incurred by the
County in the annual collection and administration of the special assessments, including but not limited to fees
imposed by the Tax Collector pursuant to Section 197.3632, Florida Statutes, and amounts necessary to account
for the maximum statutory discount for the early payment of property taxes and non -ad valorem assessments)
8. Maximum number of annual assessment payments: 15
9. Maximum collected for this parcel if financed for 15 years: XXXXXXX
10. Total maximum amount of revenue to be collected from the entire MSBU (excluding interest): $542.470
Failure to pay the assessment can result in the issuance of a tax certificate which may result in loss of title to
your property.
THIS IS YOUR ASSESSMENT NOTICE ONLY. DO NOT PAY AT THIS TIME - If this assessment
is levied and you wish to prepay your assessment, you may do so at the office of St. Lucie County Tax Collector
from 8/13/2018 — 813112018. PLEASE MAKE YOUR CHECK PAYABLE TO: THE ST. LUCIE COUNTY
TAX COLLECTOR. Mail or deliver your payment to the Tax Collector's office: 2300 Virginia Avenue, Fort
Pierce, FL 34982, on the First Floor of the Civic Center. Please include a copy of this notice or reference your
Parcel Identification number, as shown above along with your payment.
C-3
Final Assessment Resolution
EXHIBIT A
DESCRIPTION OF IROQUOISINAVAJO MSBU
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.
C-4