HomeMy WebLinkAbout18-154JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4479913 09113/2018 11:34=49 AM
OR BOOK 4179 PAGE 2401 - 2412 Doc Type: RESO
RECORDING: $103.50
ST. LUCIE COUNTY, FLORIDA
FINAL ASSESSMENT RESOLUTION
SOLID WASTE SERVICES
FOR
FISCAL YEAR 2018-19
ADOPTED September 4, 2018
TABLE OF CONTENTS
Page
SECTION 1. 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
ASSESSMENT ROLL........................................................................................ C-1
RESOLUTION 18-154
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, 2018; 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. 18-120 (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 July 10, 2018, 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, 2018 ("Fiscal Year 2018-19"), 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 2018-19 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 4, 2018, 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 Roll, 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.
(D) The method for computing Solid Waste Service Assessments described in the
Preliminary Assessment Resolution is hereby approved.
(E) For Fiscal Year 2018-19, the Solid Waste Cost is estimated to be $4,940,376.00. 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 2018-
19. 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. Notice
of the potential rate increase for future years was included in the public hearing notices which were
published and mailed to affected property owners.
(F) 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.
(G) 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.
(H) 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, 2018, 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 of the Interim
Solid Waste Service Assessments for Fiscal Year 2018-19, including the administrative fee, shall be
$21.43 per month per Dwelling Unit for each month until such Residential Property can be included
on the forthcoming Assessment Roll.
(1) 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 Assessments for Fiscal Year 2018-19 as well as payment
delinquencies from prior Fiscal Years, if any.
(J) 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.
(K) The Assessment Roll for Fiscal Year 2018-19, 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. As provided by Section 38-157
of the Ordinance, adoption of this Final Assessment Resolution shall be the final adjudication of the
issues presented herein (including, but not limited to, the benefits conveyed by solid waste collection
and disposal services, the method of apportionment, the rate of assessment including the maximum
rate for future years, the Assessment Roll and the levy and lien of the Solid Waste Service
Assessments 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]
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SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon
adoption.
PASSED, ADOPTED AND APPROVED THIS 4th day of September 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOfi1DA
BY: BY
Deputy Clerk Chair
5
APPROVED, S TO FORM
AND CORRE
BY:
County Attorney,
APPENDIX A
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Anne Bowers, who, after 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 38, 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 10, 2018 (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
Roll. 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
that all 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
Anne Bowers, Affiant
STATE OF FLORIDA
COUNTY OF ST. LUCIE COUNTY
The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of
2018, by Stephanie Bush. She is personally known to me or has produced
as identification and did take an oath.
E
STEPSTEPHANIE BUSH
commission# FF 196115
Expires March 27, 2019
Bonded TW NY Fri lnwr,rce BDO�dCt6
A-6
Printed Name: 9JC: l;�- 0C,nr ,
Notary Public, State of Florida At Large
My Commission Expires: ---� ( �) —11 1171
Commission No.: i E- I 6 l n l 1
APPENDIX B
PROOF OF PUBLICATION
B-1
Treasure Coast Newspapers i TCPALM
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 St. 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 nextpreceding the First publication of the attached copy of advertisement; and afhant
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 Periodicat 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 ffMhgr, Coovline PO M
437759 - ST LUCIE COUNTY SOLID WASTE 2075606 SOLID WASTE ASSESSMENT
Plib Pates
August 1, 2018
Sworn to and subscribed before roe this day of, August 01, 2018, by
who is
Natalie 2011
(X) personally known to me or
1 t who has produced as identification.
. �� IaArl � q a2�wn
Karol Kangas Notary Public
EAIIOLElfIiNGl15
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Cona�faloI1I M I2Wl
a,r Iayr�rtwn.Ery6ald39.3071
$�`�•.fM.'�:�w�alProwgiirlrtoxdxactAm
11A r WEDNESDAY. AUGUST 1, 2010 a Fa EASURE CDA" NEWSPAPE" SC
Police: Port Pierce woman's death `suspicious'; tips wanted
TMRI Merdee m =11=
ata ca.0 xa.ePapna
use TooaT x[nwnra - rsAaex
FORT PIERCE — Shel—ride Rd" i d [Hing n
mothet, and was good person.
That's lino Riley a afatm, emhTani Smith, 3H, on TLeedsy
ered the 26 -year-old. F rher In the day, Fmt
Pietcu goitre dtaNaaed ohel Fdley had beat shat, sad der
posing was being —tigated .s • -sueptciotre death "
"Shew"Ty caring: FmRh said. -Shega-lies htsl
to help others,"
Poll- say Riley was found Slrnday at A home in the
400 block of Honh 28th Street.
She was frond by her r0 ivea and hat wee seen
alter Friday.
Police on Tuesday released few delalls.
.our detectiveearc out inose rtirmmmtity theyi
ing dont-to-don, cerivassea m see if anyone hes seen
anylhme, heard anythineputy g, DChief prank Amen.
dm said. "We would love anytipa."
A.. whether he -spaded Riley's death rose the
result of erirtdTW activity, hmandio said. All im going
In my is it. swapichoua oil them point in lime.-
-aherose faundwlthagunehotwoundsotf3atiss itseU
makes it aaspicious, and there was no one there at the
time of herdri Ammdm said. "when we have rs—
likethat, those Are suapielow cases for us'
Smhh said Riley hsd f childni one of whom din!
May 31 at 3 l ,oeks old. The others range
I— 7 to 3 years old.
Smith cold the children were ander
1'. care one, she inf Ht's death.
-She was a wryatnaxlrng, good pervert
wnh . good heart, mtt she wee dealt is
Riley wrong Bund:' Sinith mid. "All she was
rryingtod.—s hegoed to othere, butille
w.an't really Feir 1. her'
Smith. who has other siblings, Sold she las[ mw Riley
on July 23.
She sed. Rites was going to school to pursue a job In
eas nctolagy
'She enjoyed that. but she wanted to do what wee
right for her W1,11i Smith said.
Tine Pleas of yellow police tape en Tsexday So -
cured the door a the Immron Ndadt 28th Street wMre
Riley— found
Rini to the door were unanswered.
One of Rile1''s ne]ghhhoa, Luger, willioms, 35, said
Rdey mwed bat oaeller this veer Hesald shewas.always
on the go'
Williams said Ile heard to gun shots in argument,.
"She's w young, but death rnvri ran the young and
the old,- Williams acid- "it doesnT mother."
Anyone with inrannotion is asked to call Deleclim
Orrese Rene at 772-467-6876 or Tlve— Coast Crion,
Stoppers at 800 -273 -TIPS.
RAMEY
FLOOR i HOME STORE
g a m e y Ca rp ei O in e. c oat
.xtx•xi�
timmira.1111=. Hreraa Polyd8i3 - FURflas
MUM Hats • AM AM .
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JORDAN FTELDS, P.A.
SIMPLE, STRAIGHTFORWARD & AFFORDABLE
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772-617-W67
ala 1:a1ya Ass, Stott. f 1.
GET STAPITEO � FREF CONSULTATIpBi
NOTICE OF NEARR90 TO IMPOSE AND PROVIDE FOR DOLLE07M
OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS
St. Lucie Canty. Florida (the "Coui imposes special assessments. sometimes
tahtrred is m rro.-ad vafor.. ass.a,mr,u, agairlsl certean impinged residential
Properties located wi'min tie County Sofd Wamsh Urban Serviea Anne depicted bedew
io find rte er_w caeca of providing resklensr postage, r tdli ro and yard route
cdlecoon and dNpoml in ices {the •Solid Weare Asaaaamenay. Notice is h soby
gnetn AM the 81,1111 Courrly C—Helen X" Caw, (the "hard"( ani
conduct a I.. heesmg to crundr impming Said West. A --.,A, 10 lurid the
cosI
of such arvicea and hcilies In the 8ecal year verve -ng Oolubar 1, 2018
('Fiscal Year 2018-19"I an each focal yew themaRr, end to awhor¢s wteetien of
ouch asetarn a an 1M emus property lax bill. Th. Sold WWI. Asses metre; Is
armaid aasuament Mich wC oallin. hom ser to yen.
The loving will be held m the County Grmmoveon Chs"on, At 8.00 p.m. on
September 4, 201x, or To, soon mreeaer m IM natter may be herd h ale SE fuer
County Cpmmunfun Chambers arcated on the Third Floc hi the St, Lurie County
MrinSe stion Anna, 23DD Vagum A.—. Fort Plerce. nTorda Iry the purpose al
ening pubic conwerm on the piopoead Said Waste Ainewenenta. AN effected
proprty covert he" a right to plop. x, at the hawing and to Not when ebMche w
with the Bard wittun 20 days of this notice. U a poison decors to appeal any doss.
made by ate Bawd wah rasped So any matte coneitlretl at IM Mppg, such garcon
wi read arerwrd of ted proeeaainpe and may Med tp entre IMt •verbatim nCerd
or made, __'ding the lestinn" anal Iii Bence upon ormi The append a to 1. made.
In accardo— reah the Ammons with Oimbheiss Act, poneure needing a spacial
we mmodmbena an adrprotr to participate in *A proceeding ahordd Cnmeet the
Safety and Rea Moi of {7721 461r TDD 17721 451of treat sewn
dais prior to the dale or the baring.
The SOLd W.I. AsammeM I. each Preat ,A be m Puled by muNlplying the
number of does" u nge on Rat pwcal by the rare M asewhinonl. The rate of
acawamenefar —.Isar 2018-ug.ho3be5282.96Pr dweing u t The masimum
rate ci ^""Aavn.n that can I,,dhorged in 111s 1 years wiaeul additional notice
Ia $289.DD pa dwCVg ta1Yt. Copies W the &va�sment toN srwrdlg the enrwvnt 91 tie
Seed Waste Assessment to W Imposed apalnat each wool of property, and the legal
documentation ml iing to the assessments an wWaNe fpr inspection air The office
of the Cnuhty Property Appraiser located on the Second Fbw el The Admewbalien
Ames al 2309 Writs Aaenoe, Fon Pierce, Florida.
The Saud Wwn Aseeeamama oed be omicled by the SI. Lucie County Tax Colleclor
en Ito ad valorem tae b l led each Noasmbr, lrCfud 1'g November 2018, m
anTthodted by Sedbarla7.3832, Flim dx Stalin., F9fluretopriyth aseessmenrrs roll
m e tax cendoete to be usued agWTW the Property which may, rei in a loss of
tick
IF You Rave any Dpestimr, please contact the County .1 (7725 4112-1763 Monde,
through Fdday between SAD am. and 5:00 p.m.
Howard N. Tlplan
C.ounh Ad.mishra
APPENDIX C
FORM OF 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 far 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 d�scribed Non -Ad Valorem Asse ment Roll will be delivered to the St. Lucie
County Tax Collector by (_)(�+cbe, 20
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 ROTI this 3-�5 day of A,�Lt5�- 201 .
ST. LUCIE COUNTY, FLORIDA
By: o(w, A� -kJc
Authorized Agent `
[To be delivered to Tax Collector prior to September 15]
C-2