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HomeMy WebLinkAbout18-201RESOLUTION NO. 2018-201 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED YATES ROAD MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Yates Road Municipal Services Benefit Unit (the "Yates Road MSBU") to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Yates Road MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the Yates Road MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed Yates Road MSBU to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Yates Road MSBU. A description of the boundaries of the real property within the proposed Yates Road MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the Yates Road MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson AYE Vice Chair Linda Bartz AYE Commissioner Chris Dzadovsky AYE Commissioner Anthony Bonna AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 16th day of October, 2018. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA y; - DeptijytlkoChair CO APPROVED AS TO FORM AND t0 , �i4 CORRE TNESS: * % AA X '47- y 46*41 County Attne C" 1P FO� Page 3 of 5 EXHIBIT A PROOF OF PUBLICATION Page 4 of 5 Treasure Coast Newspapers 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 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 Coovline PO # 435195 - ST LUCIE COUNTY BOCC 2112685 NOTICE OF INTENT TO USE THE UNIFORM Pub Dates September 18, 2018 September 25, 2018 October 2, 2018 October 9, 2018 Sworn to and subscribed before me this day of, October 09, 2018, by Who IS Natalie Zoll r (X) personally known to me or ( ) who has produced � W14 f q 9�n Karol Kangas Notary Public as identification. ""' KAROLEKANGAS Notary Public -State of Florida CommisslonfGG126041 . My Comm, Expires Jul 29,2021 Bondedlhiaph NaUonitbtsy Afvt as identification. NOTICE OF INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOR- EM ASSESSMENTS AND NOTICE OF PUBLIC HEARINGS The Board of County Commis- sioners of St. Lucie County, Florida (the "Board") hereby provides notice, pursuant to Section 197.3632, Florida Stat- utes, of its intent to use the uniform method of collecting non -ad valorem assessments to be levied within certain pro- posed or established special assessment districts ("SADs") to fund the cost of providing capital improvements and/or essential services which may include but are not limited to roadway, sidewalk, potable water/fire protection, waste- water, drainage, street light- ing and beach renourishment improvements and services, commencing in November 2019. A list of the proposed or established SADs appears below. The Board will consid- er the adoption of resolutions stating its intent to use the uniform method of collecting such assessments as autho- rized by Section 197.3632, Florida Statutes, at public hearings on, October 16, 2018 at 9:00 a.m. in the Commis- sion Chambers, 2300 Virginia Avenue, Fort Pierce, Florida. Such resolutions will state the need for the levy and will con- tain a legal description of the real property subject to the levy. Copies of the proposed form of resolution, including a legal description of the real property subject to the levy, are on file at the Office of the County Attorney located at 2300 Virginia Avenue, Fort Pierce, Florida 34982. All inter- ested persons are invited to attend the October 16th public hearing. In the event any person decides to appeal any deci- sion by the Board with respect to any matter relating to the consideration of the resolu- tions at the above -referenced public hearings, a record of the proceeding may be need- ed and in such an event, such person may need to ensure that a verbatim record of the public hearing is made, which record includes the testimo- ny and evidence on which the appeal is to be based. SADs: 1. Canoe Creek MSBU - pro- posed - potable water/fire protection 2. Hatcher MSBU - proposed - potable water/fire protection 3. Lakewood Park 2 MSBU - proposed - potable water/fire protection 4. Lakewood Park Drainage - proposed - storm water drain- age improvements 5. Mura MSBU - proposed - potable water/fire protection 6. North Hutchinson Island MSBU - wastewater 7. Property Clean -Up SAD - created - Remedy Code Vio- lations 8. Rainbow Drive 1 MSBU - proposed - potable water/fire protection 9. Rainbow Drive 2 MSBU proposed - wastewater 10. River Hammock MSBU proposed - potable water/fire protection 11. Sabal Creek MSBU - pro- posed potable water/waste- water 12. Saint James MSBU - pro- posed - potable water 13. Towns Villages and Coun- tryside MSBU - proposed - infrastructure related to pav- ing, drainage, water, sewer, sidewalks, and street lights 14. Treasure Coast Air Park - proposed - water/fire pro- tection 15. Yates Road MSBU - pro- posed - potable water/fire protection DATED this 18th Day of Sep- tember, 2018. By Order of the Clerk of the Board of County Commission- ers of St. Lucie County, Florida Publish: September 18, 25, October 2, and 9, 2018 TCN 2112685 EXHIBIT B DESCRIPTION: YATES ROAD MSBU A PARCEL OF LAND LYING WITHIN SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION 19, ON AN ASSUMED BEARING OF NORTH 89°59'50" EAST TO THE INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST RIGHT OF WAY LINE OF DAME ROAD; THENCE NORTH 00°38' 23" EAST A DISTANCE OF 44.50 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE N.S.L.R.W.C.D. CANAL NO. 39; THENCE NORTH 00°38'23"EAST ALONG THE EAST RIGHT OF WAY LINE OF DAME ROAD A DISTANCE OF 101.46 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00' 38'23" EAST ALONG THE EAST RIGHT OF WAY LINE OF DAME ROAD A DISTANCE OF 507.30 FEET; THENCE NORTH 89* 59'50" EAST DEPARTING SAID EAST RIGHT OF WAY LINE OF DAME ROAD A DISTANCE OF 130.40 FEET; THENCE NORTH 660 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE EAST ALONG SAID NORTH LINE A DISTANCE OF 540 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE SOUTH ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19 A DISTANCE OF 395 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 2 ACRES OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19; THENCE EAST 330 FEET ALONG THE NORTH LINE OF THE SOUTH 2 ACRES OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19 TO THE NORTHEAST CORNER OF THE AFOREMENTIONED SOUTH 2 ACRES; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTH 2 ACRES A DISTANCE OF 264 FEET TO THE SOUTHEAST CORNER OF SAID SOUTH 2 ACRES; THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTH 2 ACRES A DISTANCE OF 330 FEET; THENCE SOUTH 0038'23"WEST TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE N.S.L.R.W.C.D. CANAL NO. 39; THENCE SOUTH 89°59'50" WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID CANAL NO. 39 TO A POINT LYING 263.42 FEET EAST OF THE EAST RIGHT OF WAY LINE OF DAME ROAD (AS MEASURED ALONG THE NORTH RIGHT OF WAY LINE OF CANAL NO. 39); THENCE NORTH 00° 38'23" EAST DEPARTING SAID NORTH RIGHT OF WAY LINE OF CANAL NO. 39 A DISTANCE OF 101.46 FEET; THENCE SOUTH 89°59'50"WEST A DISTANCE OF 263.42 FEET TO THE EAST RIGHT OF WAY LINE OF DAME ROAD AND THE POINT OF BEGINNING. LESS AND EXCEPT ROAD RIGHT OF WAYS OF RECORD. SEPTEMBER 6, 2013 RON HARRIS COUNTY SURVEYOR Page 5 of 5