HomeMy WebLinkAbout19-111ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SABAL CREEK MUNICIPAL SERVICE BENEFIT UNIT
INITIAL ASSESSMENT RESOLUTION
ADOPTED May 21, 2019
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TABLE OF CONTENTS
PAGE
ARTICLE I
INTRODUCTION
SECTION1.01. AUTHORITY..................................................................................................1
SECTION1.02. DEFINITIONS................................................................................................1
SECTION1.03. INTERPRETATION.......................................................................................4
SECTION1.04. FINDINGS....................................................................................................... 5
ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED PROJECT COST..................................................................... 8
SECTION 2.02. AUTHORITY AND DIRECTION................................................................ 8
SECTION 2.03. PUBLIC HEARING......................................................................................10
ARTICLE III
ASSESSMENTS
SECTION 3.01.
SABAL CREEK MSBU; PROJECT DESCRIPTION.................................11
SECTION 3.02.
UTILITY SERVICE PROVIDER.................................................................11
SECTION 3.03.
IMPOSITION OF ASSESSMENTS............................................................11
SECTION 3.04.
APPORTIONMENT METHODOLOGY...................................................12
SECTION 3.05.
APPLICATION OF ASSESSMENT PROCEEDS.....................................13
SECTION 3.06.
COLLECTION OF ASSESSMENTS...........................................................13
SECTION 3.07.
PREPAYMENT OF ASSESSMENTS.........................................................14
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. INTENT TO REIMBURSE............................................................................16
SECTION4.02 CONFLICTS...................................................................................................16
SECTION4.03. SEVERABILITY.............................................................................................16
SECTION4.04. EFFECTIVE DATE........................................................................................17
APPENDIX A DESCRIPTION OF SABAL CREEK MSBU
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RESOLUTION NO.2019-111
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 SABAL CREEK MUNICIPAL SERVICE
BENEFIT UNIT; DESCRIBING THE PROPERTY TO BE LOCATED
WITHIN THE SABAL CREEK MUNICIPAL SERVICE 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 ASSESSMENTS AMONG
AFFECTED REAL PROPERTY; DIRECTING THE ASSESSMENT
COORDINATOR TO PREPARE A PRELIMINARY ASSESSMENT ROLL;
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:
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 (the "Assessment Ordinance"), sections 125.66,
197.3632, and 197.3635 of the Florida Statutes, and other applicable provisions of law.
SECTION 1.02. DEFINITIONS. This Resolution constitutes an Initial
Assessment Resolution for the Sabal Creek MSBU within the meaning of the Assessment
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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 Parcel" means a Tax Parcel subject to the Assessment contemplated
hereunder.
"Assessment" means a special assessment (sometimes characterized as a non -ad
valorem assessment) levied by the Board to fund 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.
"Assessment Ordinance" means Chapter 40, Article IV of the County Code of
Ordinances as may be amended from time to time, or its successor in function.
"Assessment Roll" means the special assessment roll created pursuant to Section 40-
100(c) of the Assessment Ordinance and described in Section 2.02 (A) hereof.
"Board" means the Board of County Commissioners of St. Lucie County, Florida.
"Capital Cost" means respectively all or any portion of the expenses that are
properly attributable to the planning, acquisition, design, construction, installation,
reconstruction, renewal or replacement (including demolition, environmental mitigation
and relocation) of the Project, including but not limited to (1) legal, consulting and
advertising costs associated with development and imposition of the Assessments, (2)
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capital improvement charges imposed by the Reserve CDD upon new connections ($1,200
per ERC), (3) construction cost contingencies, and (4) reimbursement to the County for any
funds advanced for the Capital Cost and interest on any interfund or intrafund loan for
such purposes.
"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" means the equivalency unit
attributed to Assessed Parcels comprising the Sabal Creek MSBU to measure and allocate
the relative benefit conveyed to such parcels by provision of the potable water and fire
protection improvements comprising the Project.
"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.
"Project" means the design, construction and financing of the potable water and fire
protection improvements contemplated hereunder which will specially benefit Assessed
Parcels within the Sabal Creek MSBU.
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"Project Cost" means respectively (A) the Capital Cost of the Project, (B) transaction,
closing and issuance costs associated with Obligations issued by the County to finance the
Project, (C) interest accruing on such Obligations for such period of time as the County
deems appropriate, (D) the debt service reserve fund or account, if any, established for such
Obligations, and (E) any other costs or expenses related thereto.
"Reserve CDD" or "CDD" means the Reserve Community Development District, a
community development district organized and existing pursuant to Chapter 190, Florida
Statutes.
"Sabal Creek MSBU" means the proposed Sabal Creek Municipal service Benefit
Unit, as described in Section 3.01 hereof.
"Tax Parcel" means a parcel of real property to which the St. Lucie County Property
Appraiser has assigned a distinct ad valorem property tax identification number.
"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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date of this Resolution. Words of any gender include the correlative words of the other
gender, unless the sense indicates otherwise.
that:
SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared
(A) The Reserve CDD owns and operates a water utility system (the "Utility
System") and is authorized to provide utility service to the area which includes lands
within the boundaries of the CDD and certain adjacent lands outside those boundaries.
(B) In accordance with Section 40-99 of the Assessment Ordinance, the County
has received petitions from a majority of landowners requesting (1) creation of the Sabal
Creek MSBU within the unincorporated area of St. Lucie County, and (2) the imposition of
Assessments against the real property comprising the Sabal Creek MSBU to fund the cost
of providing capital improvements including all pipes, lines, service mains and
appurtenances necessary to provide potable water service and fire hydrants to the real
property comprising the Sabal Creek MSBU.
(C) The Sabal Creek MSBU is located within the utility service area of the Reserve
CDD, but outside the CDD's boundaries.
(D) The County and the Reserve CDD have entered into the Interlocal Agreement
pursuant to which the County will design, construct, acquire and finance the potable water
and fire protection improvements comprising the Project, and the CDD will provide
potable water service upon completion of the improvements.
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(E) The plan of finance for the Project involves issuance by the County of a
revenue bond, note or other form of Obligation, the proceeds of which will be used to
finance and/or reimburse the costs of the Project. Such Obligation will be secured by and
repaid over time through the levy and collection of Assessments on developed or
developable Tax Parcels within the Sabal Creek MSBU pursuant to the Assessment
Ordinance and the Uniform Assessment Collection Act.
(F) 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.
(G) The Project will convey special benefits to the Assessed Parcels comprising
the Sabal Creek MSBU including but not limited to: access to a centralized, publicly owned
and operated 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, safety benefits associated with installation of fire
hydrants, and heightened use, marketability, enjoyment and value of the real property
specially benefitted by the Project.
(H) The potable water and fire protection improves are designed to meet the
capacity requirements of the specially benefiting properties within the Sabal Creek MSBU;
hence, 100 percent of the costs are associated with providing special benefit.
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(I) The apportionment of Assessments based upon Equivalent Residential
Connections as 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 Parcels, and bears a reasonable relationship to the cost of providing the Project.
U) 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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ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED PROJECT COST.
(A) The estimated Project Cost allocated to the Sabal Creek MSBU is $3,230,000.
The Project Cost identified herein will be funded through the imposition of Assessments
against Assessed Parcels in the manner set forth in Article III hereof.
(B) Unless determined otherwise by subsequent resolution of the Board, the
Project 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 the maximum rates applied by the Assessment Coordinator in the preparation of the
preliminary Assessment Roll as provided in Section 2.02 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, 2019, in the manner provided in Section 40-100(c) of the
Assessment Ordinance. The Assessment Roll shall include all Assessed Parcels within the
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Sabal Creek MSBU. The Assessment Coordinator shall apportion the estimated Project
Cost to be funded through Assessments in the manner set forth in this Initial 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.
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(G) Take such other action as may be required by the Assessment Ordinance.
SECTION 2.03. PUBLIC HEARING. There is hereby established a public
hearing to be held at 6:00 p.m. on July 2, 2019 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 in accordance with Section 40.99(f) of the Assessment
Ordinance.
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ARTICLE III
ASSESSMENTS
SECTION 3.01. SABAL CREEK MSBU; PROJECT DESCRIPTION. The
proposed Sabal Creek MSBU is described in Appendix A attached hereto. The Project
entails the installation of potable water facilities necessary to provide potable water service
to the Assessed Parcels comprising the Sabal Creek MSBU, together with installation of fire
hydrants therein.
SECTION 3.02. UTILITY SERVICE PROVIDER. The proposed Sabal Creek
MSBU is located within the utility service area of the Reserve CDD. As described in the
Interlocal Agreement between the County and the Reserve CDD, the CDD will provide
potable water service and service availability to the Assessed Parcels comprising the Sabal
Creek MSBU upon completion of the Project.
SECTION 3.03. IMPOSITION OF ASSESSMENTS. Assessments shall be
imposed against Assessed Parcels located within the Sabal Creek MSBU, the annual
amount of which shall be computed for each parcel in accordance with this Article III. The
annual installment of the Assessment for each Fiscal Year shall constitute a lien upon
Assessed Parcels 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.
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SECTION 3.04. APPORTIONMENT METHODOLOGY.
(A) The traditional methodology employed by the County for apportioning
Assessments to fund potable water and fire protection improvements is based upon
Equivalent Residential Connections. Such methodology defines a Tax Parcel consisting of a
single family dwelling unit or capable of being developed with a single family dwelling
unit as one (1) ERC.
(B) The Sabal Creek MSBU is comprised of one hundred and fifty-five single
family residential Tax Parcels of substantially similar size which are developed with or are
capable of being developed with a single family dwelling unit. Approximately 114 are
currently developed. Each Tax Parcel shall be assigned one (1) ERC. The assignment of
ERCs as set forth herein is consistent with standard utility practices of the County and the
Reserve CDD.
(C) The estimated maximum Assessment amount per ERC is $22,163.15. The
estimated annual assessment amount per ERC is $1,178.43 which includes a pro rata share
of Collection Costs. The annual installments are computed to be sufficient to pay the
estimated annual debt service on the bond, note or other Obligation issued by the County
to finance construction of the Project and/or any interfund loan provided by the County to
finance construction of the Project.
(D) If any Assessed Parcel in the Sabal Creek MSBU is developed in the future
with more ERCs than attributed hereunder and, assuming capacity for the development is
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available, the owners of such parcel shall be required to pay any applicable impact fees or
connection charges imposed by the Reserve CDD and Assessments calculated as set forth
herein. Issuance of a building permit for that parcel may be premised upon payment in full
of any such additional costs; provided, however, that in the case of Assessments, the
County may in its sole discretion allow for collection thereof in a series of annual
installments. The proceeds of such Assessments shall be used to repay the Obligations
incurred by the County to finance construction of the Project.
(E) The Board hereby finds and determines that the apportionment methodology
approved herein provides an equitable method of funding the Project by fairly and
reasonably allocating the costs associated with the Project among specially benefited
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 Project Cost.
SECTION 3.06. COLLECTION OF ASSESSMENTS. Assessments which are
not prepaid at the option of the owners of Assessed Parcels shall be collected in not more
than twenty (20) annual installments, together with Collection Costs, pursuant to the
Uniform Assessment Collection Act unless otherwise determined by subsequent resolution
of the Board.
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SECTION 3.07. PREPAYMENT OF ASSESSMENTS.
(A) The Assessment for each Assessed Parcel shall be subject to prepayment at
the option of the property owner, as follows:
(1) Prior to the issuance of Obligations, the Assessment Coordinator shall
provide first class mailed notice to the owner of each parcel of property subject to the
Assessment of the Board's intent to issue such Obligations. Such notice may be combined
with any other property owner notice required by the Assessment Ordinance. On or prior
to the date specified in such notice, or such later date as the Board may allow in its sole
discretion, the owner of each Assessed Parcel may prepay the total Assessment obligation.
The amount of such prepayment shall be $19,355.12 per ERC which is the estimated Capital
Cost of the Project ($3,000,044) divided by the total number of ERCs in the Sabal Creek
MSBU (155 ERCs).
(2) Following the date specified in the notice provided for above, or such later
date as the Board may allow in its sole discretion, the owner of each Assessed Parcel shall
be entitled to prepay the total remaining Assessment upon payment of an amount equal to
the sum of (a) such parcel's share of the principal amount of Obligations then outstanding,
(b) the premium associated with redemption of such parcel's share of the principal amount
of Obligations then outstanding, if any, and (c) interest on such parcel's share of the
principal amount of Obligations then outstanding, from the most recent date to which
interest has been paid to the next date following such prepayment on which the County can
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redeem Obligations after providing all notices required by the resolution authorizing
issuance of such Obligations; provided however, that during any period commencing on
the date the annual Assessment Roll is certified for collection pursuant to the Uniform
Assessment Collection Act and ending on the next date on which unpaid ad valorem taxes
become delinquent, the County may reduce the amount required to prepay the
Assessments imposed against any parcel of property by the amount of the Assessment
certified for collection with respect to such parcel.
(B) The amount of all prepayments computed in accordance with this Section 3.07
shall be final. The County shall not be required to refund any portion of a prepayment if (1)
the Capital Cost or Project Cost is less than the amount upon which such prepayment was
computed, or (2) annual Assessments will not be imposed for the full number of years
anticipated at the time of such prepayment.
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ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. INTENT TO REIMBURSE. The County hereby expresses its
intention to be reimbursed from proceeds of a future tax-exempt financing for capital
expenditures to be paid by the County prior to the incurrence of debt for the purpose of
constructing, designing, permitting, acquiring and equipping the Project. Pending
reimbursement, the County expects to use funds on deposit in the general fund or other
appropriate fund or accounts to pay such costs including but not limited to capital
expenditures, costs of design and engineering, and other costs related to the Project. It is
reasonably expected that the total amount of debt to be incurred by the Issuer with respect
to the Project will not exceed $3,230,000. This Resolution is intended to constitute a
"declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax
Regulations which were promulgated pursuant to the Internal Revenue Code of 1986, as
amended, with respect to the debt incurred, in one or more financings, to finance the
Project.
SECTION 4.02. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4.03. 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
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invalid provision or application, and to this end the provisions of this Resolution are
declared to be severable.
SECTION 4.04. EFFECTIVE DATE. This Initial Assessment Resolution shall
take effect immediately upon its passage and adoption.
AFTER MOTION AND SECOND, the vote on this Resolution was as follows:
Chair Linda Bartz
AYE
Vice Chair Cathy Townsend
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Sean Mitchell
AYE
Commissioner Frannie Hutchinson
AYE
PASSED AND DULY ADOPTED this 21st day of May, 2019.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
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Deputy Clerk Chair
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c,�C�UN7Y, FIVID�'o't
APPROVED AS TO FORM AND
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APPENDIX A
DESCRIPTION OF
SABAL CREEK MUNICIPAL SERVICE BENEFIT UNIT
A parcel of land lying in Sections 21and 28, T-36-S, R-39-E, St. Lucie County, Florida. Said parcel
being more particularly described as follows:
All that part of Sabal Creek, Phase 1 as recorded in Plat Book 23 at pages 32, 32A and 32B of the
public records of St. Lucie County, Florida; together with
All that part of Sabal Creek, Phase II as recorded in Plat Book 24 at pages 1, 1A, 1B and 1C of the
public records of St. Lucie County, Florida; together with
All that part of Sabal Creek, Phase IV as recorded in Plat Book 24 at pages 17 and 17A of the public
records of St. Lucie County, Florida; together with
All that part of the parcel of land described and recorded within Official Record Book 2905 at pages
711-713 of the public records of St. Lucie County, Florida.
Less and except right of ways of record.
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