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HomeMy WebLinkAbout19-128Attachment "1" JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4592737 07115/2019 08:22:45 AM OR BOOK 4295 PAGE 93 - 117 DOC Type: RESO RECORDING: $214.00 ST. LUCIE COUNTY, FLORIDA PRELIMINARY ASSESSMENT RESOLUTION SOLID WASTE FOR FISCAL YEAR 2019-20 ADOPTED: July 2, 2019 TABLE OF CONTENTS Page SECTION 1. AUTHORITY................................................................................................. 1 SECTION 2. PURPOSE AND DEFINITIONS....................................................................... 1 SECTION 3. LEGISLATIVE DETERMINATIONS.................................................................. 7 SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES ................................ 9 SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS........................................................................................... 10 SECTION 6. ASSESSMENT ROLL.................................................................................... 10 SECTION 7. AUTHORIZATION OF PUBLIC HEARING ..................................................... 11 SECTION 8. NOTICE BY PUBLICATION.......................................................................... 11 SECTION 9. NOTICE BY MAIL........................................................................................ 11 SECTION 10. ADOPTION OF FINAL ASSESSMENT RESOLUTION ..................................... 12 SECTION 11. EFFECT OF FINAL ASSESSMENT RESOLUTION ........................................... 12 SECTION 12. ANNUAL ADOPTION PROCEDURES........................................................... 12 SECTION 13. LIEN OF SOLID WASTE SERVICE ASSESSMENTS ........................................ 13 SECTION 14. REVISIONS TO SOLID WASTE SERVICE ASSESSMENTS .............................. 14 SECTION 15. PROCEDURAL IRREGULARITIES................................................................. 14 SECTION 16. CORRECTION OF ERRORS AND OMISSIONS .............................................. 14 SECTION 17. EFFECTIVE DATE........................................................................................ 16 APPENDIX A. DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICEAREA........................................................................................... A-1 APPENDIX B. FORM OF NOTICE TO BE PUBLISHED................................................................... B-1 APPENDIX C. FORM OF NOTICE TO BE MAILED......................................................................... C-1 RESOLUTION 19-128 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF RESIDENTIAL WASTE AND RECYCLABLE MATERIALS IN THE COUNTY SOLID WASTE URBAN SERVICE AREA OF ST. LUCIE COUNTY, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY; DETERMINING THE SOLID WASTE COST AND THE PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Chapter 38, Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code, sections 125.01, 125.66, 197.3632, and 197.3635, Florida Statutes, and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Preliminary Assessment Resolution. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. As used in this Preliminary Assessment Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: "Annual Assessment Resolution" means the resolution adopted by the Board approving the Assessment Roll for each Fiscal Year. "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the Residential Waste and Recyclable Materials collection and disposal services, facilities or programs identified in the Preliminary Assessment Resolution. "Assessment Coordinator" means the County Administrator or designee thereof responsible for coordinating the Solid Waste Assessments contemplated hereunder. 1 "Assessment Roll" means the special assessment roll relating to a Solid Waste Service Assessment approved by the Final Assessment Resolution or any Annual Assessment Resolution. "Biological Waste" means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Biomedical Waste" means any solid waste or liquid waste that may present a threat of infection to humans. The term includes, but is not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste that contain human -disease -causing agents; discarded disposable sharps; human blood and human blood products and body fluids; and other materials that in the opinion of the Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Board" means the Board of County Commissioners of St. Lucie County, Florida. "Building" means any structure, whether temporary or permanent, built for the support, shelter or enclosure of Persons, chattel or property of any kind. "Bulk Items" means items that require special handling and management because of their volume, e.g., tires, Construction and Demolition Debris, White Goods, large household goods and furniture. "Bulk Items" must have been previously used by the customer at the Dwelling Unit for which Collection Service is provided. The term "Bulk Items" excludes Exempt Waste. "Collection Service" means Residential Waste Collection Service and Recyclable Material Collection Service. "Commercial Property" means all Improved Property other than Residential Property. "Construction and Demolition Debris" means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land -development operations for a construction project including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. The term also includes: K 1. Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; 2. Except as provided in s. 403.707(9)(j), Florida Statutes, yard trash and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects; 3. Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities; and 4. De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. "County" means St. Lucie County, Florida, a political subdivision of the state established pursuant to s.1, Art. VIII of the State Constitution and, when s. 403.706(19), Florida Statutes, applies, means a special district or other entity. "County Administrator" means the chief executive officer of the County, or the designee or designees of the County Administrator. "County Solid Waste Urban Service Area" means that portion of the unincorporated area of the County described in Appendix A. "DOR Code" means a property use code established in Rule 12D-8.008, Florida Administrative Code, assigned by the Property Appraiser to Tax Parcels within the County. "Duplex" shall mean a Building that contains two Dwelling Units. "Dwelling Unit" shall mean a Building, or a portion thereof, lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "Exempt Waste" means Biological Waste, Hazardous Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead acid batteries, used oil, any material for which there is no legally permitted disposal or storage facility within the County. However, tires on rims, rims, small boat and auto parts under 50 lbs are not exempt. 3 "Final Assessment Resolution" means the resolution which shall confirm, modify, or repeal this Preliminary Assessment Resolution and which shall be the final proceeding for the annual imposition of Solid Waste Service Assessments. The Final Assessment Resolution shall constitute an Annual Assessment Resolution for Fiscal Year 2019-20. "Fiscal Year" means that period beginning October 1st of each year and ending on September 30th of the subsequent year. "Fiscal Year 2019-20" means the Fiscal Year commencing October 1, 2019. "Garbage" means all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food material. "Hazardous Waste" means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Household Waste" means Garbage and Rubbish generated by a Dwelling Unit for which Collection Service is provided hereunder. The term "Household Waste" does not include Exempt Waste or Bulk Items. "Improved Property" means all property within the County on which a Building or other improvements including, but not limited to, facilities providing retail electrical service to such property have been placed or constructed, which improvements result in such property generating Residential Waste or being capable of generating Residential Waste. "Improvement Codes" mean the property use codes assigned by the Property Appraiser to Tax Parcels within the County. "Land Clearing Debris" means vegetative matter resulting from a comprehensive land clearing operation, but does not include Yard Trash. "Mobile Home" means manufactured homes, trailers, campers and recreational vehicles. "Multiple Single -Family Attached Units" means single-family Dwelling Units constructed in a series, row, or group, including four units or more with common walls or separate walls 4 abutting each other, separated by a nominal space of not less than two inches, or which have an independent entrance. "Ordinance" means Chapter 38, Article V of the St. Lucie County Code, or its successor in function. "Owner" means the Person reflected as the owner of Assessed Property on the Tax Roll. "Preliminary Assessment Resolution" means this Resolution which shall be the initial proceeding for the identification of the Solid Waste Cost for Fiscal Year 2019-20, for which Solid Waste Service Assessments shall be imposed and collected hereunder. "Property Appraiser" means the St. Lucie County Property Appraiser. "Recyclable Material" means those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste. "Recyclable Material Collection Service" means the process whereby Recyclable Material is removed from a Dwelling Unit, processed and marketed by Contractor. "Residential Property" means a parcel of Improved Property on which a Single -Family Residence, Mobile Home, Duplex or Triplex is located; provided, however, that "Residential Property" does not include (A) property on which a Mobile Home is located that is classified as either "PUD," "HIRD," "RE -2", "CG," "CN," "CO," or "RVP" under the County's zoning regulation, or (B) a parcel of property on which more than one Single -Family Residence, Mobile Home, Duplex or Triplex is located; or (C) any Dwelling Unit located on a parcel of property that shares a common wall with one or more other Dwelling Units on other parcels of property not under common ownership. Residential property shall not include any County owned property. "Residential Waste" includes Household Waste, Yard Trash and Bulk Items. "Residential Waste Collection Service" means the process whereby Residential Waste is removed from a Dwelling Unit and transported to a Solid Waste Disposal Facility. "Rubbish" means all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweep -ups and all other accumulations of a nature other than Garbage, which are usual to housekeeping; also any bottles, cans or other containers not containing Garbage. "Single -Family Residence" shall mean a Building that contains a single Dwelling Unit. 5 "Sludge" includes, the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. "Solid Waste Cost" means the amount necessary to fund the County's collection and disposal of Residential Waste and the recycling activities of Recyclable Materials that are allocable to Assessed Property during a Fiscal Year and shall include, but not be limited to: (A) the cost, whether direct or indirect, of all services, programs or facilities provided by the County, or through contractual arrangements with the County relating to Residential Waste and Recyclable Materials management, collection and disposal activities; (B) the cost of any indemnity or surety bonds and premiums for insurance; (C) the cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits; (D) the cost of computer services, data processing, and communications; (E) the cost of training, travel and per diem; (F) the recovery of unpaid or delinquent fees or charges advanced by the County and due for Residential Waste and Recyclable Materials management, collection, and disposal services, programs or facilities allocable to specific parcels; (G) the cost of engineering, financial, legal or other professional services; (H) all costs associated with the structure, implementation, collection, and enforcement of the Solid Waste Service Assessments or a prior year's assessment for a comparable service, facility or program, including any service charges of the Tax Collector or Property Appraiser, including costs of mailed and published notices, expenses incurred by the Tax Collector and Property Appraiser, and amounts necessary to offset any discount associated with early payment of ad valorem taxes and non -ad valorem assessments; (1) all other costs and expenses necessary or incidental to the acquisition, provision, or delivery of the services, programs or facilities funded by the Solid Waste Service Assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the Board; (J) a reasonable amount for contingency and anticipated delinquencies and uncollectible Solid Waste Service Assessments; and (K) reimbursement to the County or any other Person for any monies advanced for any costs incurred by the County or such Person in connection with any of the foregoing items of Solid Waste Cost. "Solid Waste Disposal Facility" means any solid waste management facility that is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. "Solid Waste Service Assessment" means a special assessment lawfully imposed by the County against Assessed Property to fund all or any portion of the cost of the provision of Residential Waste and Recyclable Materials collection and disposal services, facilities, or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of the Assessed Property. "Tax Collector" means the St. Lucie County Tax Collector. 6 "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Triplex" shall mean a Building that contains three Dwelling Units. "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. "White Goods" includes discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. "Yard Trash" means vegetative matter resulting from yard landscaping maintenance and land clearing operations and includes associated rocks and soils. SECTION 3. LEGISLATIVE DETERMINATIONS. It is hereby ascertained, determined and declared that the Residential Waste Collection Service and Recyclable Material Collection Service provide a special benefit to the Assessed Property based upon the following legislative determinations: (A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125.01 and 125.66, Florida Statutes, the Board has all powers of local self-government to perform county functions and to render county services except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of County ordinances and resolutions. (B) In addition to its powers of self-government, the Board is authorized by section 125.01(1)(r), Florida Statutes, to impose Solid Waste Service Assessments in all or a portion of the unincorporated area. Additionally, the Board derives authority to impose Solid Waste Service Assessments from the home rule power of counties in Article VIII, section 1(f), Florida Constitution, section 125.01, Florida Statutes, and specifically section 125.01(1)(r), Florida Statutes. (C) The Board imposes Solid Waste Service Assessments each year and collects such assessments pursuant to the tax bill collection method authorized by the Uniform Assessment Collection Act to fund costs incurred by the County in providing Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs in the County Solid Waste Urban Service Area. (D) This Resolution authorizes the reimposition of Solid Waste Service Assessments within the County Solid Waste Urban Service Area for Fiscal Year 2019-20 and each Fiscal Year thereafter, based upon the assessment rates set forth herein. 7 (E) It is fair and reasonable to use the Improvement Codes and DOR Codes to apportion the Solid Waste Cost among parcels of Assessed Property located within the County Solid Waste Urban Service Area because: (1) the Tax Roll database employing the use of such property use codes is the most comprehensive, accurate, and reliable information readily available to determine the property use and number of Dwelling Units for Improved Property within the County Solid Waste Urban Service Area, and (2) the Tax Roll database is maintained by the Property Appraiser and is consistent with the coding of parcel designations on the Tax Roll which compatibility permits the development of an Assessment Roll in conformity with the requirements of the Uniform Assessment Collection Act. (F) Pursuant to section 403.706(1), Florida Statutes, the County has the general responsibility and authority to provide for the collection and transport of Residential Waste and Recyclable Materials generated within its unincorporated area to appropriate Solid Waste Disposal Facilities. (G) The existence of any Building or other improvement on Improved Property results in such property generating Residential Waste and Recyclable Materials or being capable of generating Residential Waste and Recyclable Materials. (H) Whether imposed throughout the entire County or a portion thereof, the imposition of a recurring annual Solid Waste Service Assessment is an alternative, equitable and efficient method to fairly and reasonably apportion and recover the Residential Waste and Recyclable Materials management, collection, and disposal costs experienced by the County among the parcels of Residential Property within the County Solid Waste Urban Service Area. (1) The size or value of Residential Property does not determine the scope and cost of Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such property. The use of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs are driven by the existence of a Dwelling Unit and the average occupant population. (J) Apportioning the Solid Waste Costs for Residential Waste collection and disposal services provided to Residential Property within the County Solid Waste Urban Service Area on a per Dwelling Unit basis is compatible with the use of the Tax Roll data base, is required to avoid cost inefficiency and unnecessary administration, and is a fair and reasonable method of apportioning the benefits conveyed by such services and the Solid Waste Costs incurred in providing the services. (K) The use of the uniform method of collection authorized in the Uniform Assessment Collection Act provides a mechanism to equitably and efficiently collect Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, E? and disposal service, facilities, and programs allocable to specific parcels of Assessed Property within the County Solid Waste Urban Service Area. (L) The annual Solid Waste Service Assessment to be imposed pursuant to this Resolution shall constitute non -ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (M) The Solid Waste Service Assessment imposed pursuant to this Resolution is imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provision of the Uniform Assessment Collection Act and the Interlocal Agreement with the Property Appraiser shall be construed as ministerial. (N) Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs furnished by the County provide a special benefit and possess a logical relationship to the use and enjoyment of Residential Property by providing: (1) Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs to the Owners and occupants of Residential Property for proper, safe, and cost effective disposal of Residential Waste and Recyclable Materials generated on such property, (2) better service to Owners and tenants, (3) the enhancement of environmentally responsible use and enjoyment of Residential Property, and (4) the protection and possible enhancement of property values and the health and safety of the Owners and occupants of Residential Property resulting from the uniform delivery and availability of such services, facilities, and programs. (0) It is hereby ascertained, determined, and declared that each parcel of Assessed Property will be benefitted by the County's provision of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs in an amount not less than the Solid Waste Service Assessment upon such parcel computed in the manner set forth in this Preliminary Assessment Resolution. SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES. (A) Upon the imposition of Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal against Assessed Property located within the County Solid Waste Urban Service Area, the County shall cause Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such Assessed Property. Solid Waste Costs shall be paid from proceeds of the Solid Waste Service Assessments. (B) The provision of comprehensive Residential Waste and Recyclable Materials management, collection, and disposal services and programs furnished by or through the County Solid Waste Urban Service Area to Residential Property enhances and strengthens the 9 relationship of such services and programs to the use and enjoyment of Residential Property within the County Solid Waste Urban Service Area. SECTION S. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS. (A) The estimated Solid Waste Cost to be assessed and apportioned among benefitted parcels for Fiscal Year 2019-20 is approximately 5,48_9,387.06. The remainder of such Fiscal Year 2019-20 budget for Residential Waste and Recyclable Materials services and facilities shall be funded from legally available County revenues other than Solid Waste Service Assessments. (B) For Fiscal Years in which Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs are imposed, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. A rate of assessment equal to $276.14 for each Dwelling Unit for Residential Waste and Recyclable Materials management, collection, and disposal services is hereby approved for Fiscal Year 2019-20. Subject to the provisions of Section 12(B) hereof, the maximum rate of assessment that may be imposed for subsequent Fiscal Years without additional notice to owners of Assessed Property is $280.00 per Dwelling Unit. In addition to the Solid Waste Service Assessments for Residential Waste and Recyclable Materials for Fiscal Year 2019-20, the Solid Waste Cost due from any property for prior Fiscal Years which is delinquent and was not collected pursuant to the Uniform Assessment Collection Act, if any, shall be assessed against such Residential Property and included on the Assessment Roll for Fiscal Year 2019-20. (C) The rate of the Solid Waste Service Assessments established in this Preliminary Assessment Resolution shall be the rates applied by the Assessment Coordinator in the preparation of the Preliminary Assessment Roll for Fiscal Year 2019-20, as provided in Section 6 of this Preliminary Assessment Resolution. SECTION 6. ASSESSMENT ROLL. (A) The Assessment Coordinator is hereby directed to prepare, or cause to be prepared, a preliminary Assessment Roll for Fiscal Year 2019-20. Such preliminary Assessment Roll shall contain the following: (1) a summary description of all Assessed Property within the County Solid Waste Urban Service Area conforming to the description contained on the Tax Roll, (2) the name and address of the Owner of record of each parcel as shown on the Tax Roll, and (3) the amount of the preliminary Solid Waste Service Assessment for Residential Waste and Recyclable Materials management, collection, and disposal services. The preliminary Assessment Roll shall be 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 Solid Waste Service Assessment for each parcel of property can be determined by use of a computer terminal 10 available to the public. Such Solid Waste Service Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment rate by the number of Dwelling Units on such parcel. A separate Assessment Roll containing the above information shall also be prepared for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years. (B) It is hereby ascertained, determined, and declared that the foregoing method of determining the Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal services (1) is a fair and reasonable method of apportioning the Solid Waste Cost among parcels of Assessed Property and (2) is an equitable and efficient mechanism to address payment delinquencies and recover funds advanced for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs which are allocable to specific parcels of Assessed Property. SECTION 7. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 6:00 p.m. on September 3, 2019, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of (A) receiving and considering any comments on the Solid Waste Service Assessments from affected property owners and (B) authorizing the imposition of such Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal and collection on the same bill as ad valorem taxes. SECTION 8. NOTICE BY PUBLICATION. The Assessment Coordinator shall publish a notice, as required by the Uniform Assessment Collection Act, in substantially the form attached hereto as Appendix B. Such notice shall be published at least twenty days prior to the public hearing established in Section 7 in a newspaper generally circulated in the County. SECTION 9. NOTICE BY MAIL. The Assessment Coordinator shall provide notice by first class mail to the Owner of each parcel of Assessed Property, including property assessed for a delinquency in the payment of the Solid Waste Cost for prior Fiscal Years, as required by the Uniform Assessment Collection Act, in substantially the form attached hereto as Appendix C. Such notices shall be mailed at least twenty days prior to the public hearing established in Section 7. 11 SECTION 10. ADOPTION OF FINAL ASSESSMENT RESOLUTION. (A) At the public hearing established by Section 7 hereof, or to which an adjournment or continuance may be taken by the Board, the Board shall receive any oral or written objections of interested Persons and may then, or at any subsequent meeting of the Board adopt the Final Assessment Resolution which shall: (1) Confirm, modify, or repeal this Preliminary Assessment Resolution with such amendments, if any, as may be deemed appropriate by the Board; (2) Confirm the rate of Assessment to be imposed in Fiscal Year 2019-20; (3) Confirm the maximum assessment rate that may be imposed in subsequent Fiscal Years without additional notice to the owners of Assessed Property; (4) Approve the preliminary Assessment Roll, with such amendments as it deems just and right; and (5) Determine the method of collection. (B) The adoption of the Final Assessment Resolution by the Board shall constitute a legislative determination that all parcels assessed derive a special benefit from the Residential Waste Collection Service and Recyclable Material Collection Service and a legislative determination that the special benefits conveyed by such services and the Solid Waste Cost are fairly and reasonably apportioned among the properties that receive the special benefit. All written objections to the Final Assessment Resolution shall be filed with the Assessment Coordinator at or before the time or adjourned time of such hearing. SECTION 11. EFFECT OF FINAL ASSESSMENT RESOLUTION. The Solid Waste Service Assessments for Fiscal Year 2019-20 shall be established upon adoption of the Final Assessment Resolution. As provided in Section 38-157 of the Ordinance, adoption of the Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the establishment or increase of a maximum assessment rate, the Assessment Roll, and the levy and lien of the Solid Waste Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 30 days from the date of the Board's adoption of the Final Assessment Resolution. The initial Assessment Roll, as approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, as required by the Uniform Assessment Collection Act. SECTION 12. ANNUAL ADOPTION PROCEDURES. (A) Annually, during the budget adoption process, the Board shall adopt an Annual Assessment Resolution to approve the Assessment Roll for the subsequent Fiscal Year, unless the Board makes a determination that a Solid Waste Service Assessment shall not be collected for 12 the subsequent Fiscal Year. At its option, the Board may adopt an initial or preliminary assessment resolution prior to considering the Annual Assessment Resolution which identifies the Solid Waste Service Cost and rate of assessment for the forthcoming Fiscal Year and directs the provision of notices if the circumstances in subsection (B) below so require. Failure to adopt an Annual Assessment Resolution during the budget process may be cured at anytime. (B) In the event (1) the proposed Solid Waste Service Assessment for any Fiscal Year exceeds the maximum rate of assessment listed in the notices previously provided to the Owners of Assessed Property pursuant to Sections 8 and 9 hereof, (2) the purpose for which the assessment is imposed or the use of the revenue from the Solid Waste Service Assessment is substantially changed from that represented by notice previously provided to the Owners of Assessed Property pursuant to Sections 8 and 9 hereof, (3) the method of apportionment is revised or altered resulting in an increased Solid Waste Service Assessment from that represented by notice previously provided to the Owners of Assessed Property pursuant to Sections 8 and 9 hereof, or (4) an Assessment Roll contains Assessed Property that was not included on the Assessment Roll approved for the prior Fiscal Year and the Owner of such property has not provided written consent for imposition of the Solid Waste Service Assessment, notice shall be provided by publication and first class mail to the Owners of such Assessed Property as provided by law. Such notice shall substantially conform with the notice requirements set forth in Sections 8 and 9 hereof and inform the Owner of the date, time, and place for the adoption of the Annual Assessment Resolution. The failure of the Owner to receive such notice due to mistake or inadvertence, shall not affect the validity of the Assessment Roll nor release or discharge any obligation for payment of a Solid Waste Service Assessment imposed by the Board pursuant to the Ordinance and this Resolution. (C) As to any Assessed Property not included on an Assessment Roll approved by the adoption of the Final Assessment Resolution or a prior year's Annual Assessment Resolution, the adoption of the succeeding Annual Assessment Resolution shall be the final adjudication of the issues presented as to such Assessed Property (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the establishment or increase of a maximum assessment rate, the Assessment Roll, and the levy and lien of the Solid Waste Assessments), as provided in Section 38-157 of the Ordinance, unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 30 days from the date of the Board action on the Annual Assessment Resolution. Nothing contained herein shall be construed or interpreted to affect the finality of any Solid Waste Service Assessment not challenged within the required 30 -day period for those Solid Waste Service Assessments previously imposed against Assessed Property by the inclusion of the Assessed Property on an Assessment Roll approved in the Final Assessment Resolution or any subsequent Annual Assessment Resolution. (D) The Assessment Roll, as approved by the Annual Assessment Resolution, shall be delivered to the Tax Collector as required by the Uniform Assessment Collection Act. 13 SECTION 13. LIEN OF SOLID WASTE SERVICE ASSESSMENTS. Upon the adoption of the Assessment Roll, all Solid Waste Service Assessments shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, City, district, or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims, until paid. The lien for a Solid Waste Service Assessment shall be deemed perfected upon the Board's adoption of the Final Assessment Resolution or the Annual Assessment Resolution, whichever is applicable. The lien for a Solid Waste Service Assessment collected under the Uniform Assessment Collection Act shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes imposed under the Tax Roll. SECTION 14. REVISIONS TO SOLID WASTE SERVICE ASSESSMENTS. If any Solid Waste Service Assessment made under the provisions of this Preliminary Assessment Resolution is either in whole or in part annulled, vacated, or set aside by the judgment of any court, or if the Board is satisfied that any such Solid Waste Service Assessment is so irregular or defective that the same cannot be enforced or collected, or if the Board has failed to include or omitted any property on the Assessment Roll which property should have been so included, the Board may take all necessary steps to impose a new Solid Waste Service Assessment against any property benefited by the Solid Waste Cost and in case such second Solid Waste Service Assessment is annulled, vacated, or set aside, the Board may obtain and impose other Solid Waste Service Assessments until a valid Solid Waste Service Assessment is imposed. SECTION 15. PROCEDURAL IRREGULARITIES. Any informality or irregularity in the proceedings in connection with the levy of any Solid Waste Service Assessment under the provisions of this Resolution shall not affect the validity of the same after the approval thereof, and any Solid Waste Service Assessment as finally approved shall be competent and sufficient evidence that such Solid Waste Service Assessment was duly levied, that the Solid Waste Service Assessment was duly made and adopted, and that all other proceedings applicable to such Solid Waste Service Assessment were duly had, taken, and performed as required by this Resolution; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. SECTION 16. CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or omission on the part of the Board, County Staff, Property Appraiser, Tax Collector or their deputies or employees, shall operate to release or discharge any obligation for payment of a Solid Waste Service Assessment imposed by the Board under the provision of this Resolution. (B) When it shall appear that any Solid Waste Service Assessment should have been imposed under this Resolution against a parcel of property specially benefited by the provision 14 of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs, but that such property was omitted from the Assessment Roll; or such property was erroneously assessed; or was not listed on the Tax Roll as an individual parcel of property as of the effective date of the Assessment Roll approved by the Annual Assessment Resolution for any upcoming Fiscal Year, the Board may, upon provision of a notice by mail provided to the Owner of the omitted or erroneously assessed parcel in the manner and form provided in Section 9, impose the applicable Solid Waste Service Assessment for the Fiscal Year in which such error or omission is discovered, in addition to the applicable Solid Waste Service Assessment due for the prior Fiscal Years. Such Solid Waste Service 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 special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or against the real property involved, shall be collected pursuant to the Uniform Assessment Collection Act and shall be deemed perfected on the date of adoption of the resolution imposing the omitted, delinquent, or corrected Assessments. (C) Prior to the delivery of the Assessment Roll to the Tax Collector in accordance with the Uniform Assessment Collection Act, the Assessment Coordinator shall have the authority at any time, upon his or her own initiative or in response to a timely filed petition from the Owner of any property subject to a Solid Waste Service Assessment, based upon presentation of competent and substantial evidence by the owner of Assessed Property or otherwise, to correct any error in applying the Solid Waste Service Assessment apportionment method to any particular parcel of property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction shall be considered valid ab initio and shall in no way affect the enforcement of the Solid Waste Service Assessment imposed under the provisions of this Resolution. All requests from affected property Owners for any such changes, modifications or corrections shall be referred to, and processed by, the Assessment Coordinator and not the Property Appraiser or Tax Collector. (D) After the Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the Tax Roll upon timely written request and direction of the Assessment Coordinator. [Remainder of Page Intentionally Left Blank] 15 SECTION 17. EFFECTIVE DATE. This Preliminary Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this COI�p,�'� (SEAL) V � M a � ATTEST: 4k= 'ry, Fyog�o By: Deputy CI c 16 day of July, 2019. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED FQR FORM AN By: County Attorn APPENDIX A DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA The County Solid Waste Urban Service Area is described as that portion of the unincorporated area of St. Lucie County lying to the east of the following described line: begin at the point Interstate 95 enters the County from Indian River County and run southerly along Interstate 95 along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-24 Canal; then run southerly along C-24 Canal to Juliette Avenue; then run westerly along Juliette Avenue to Salvatierra Boulevard; then run southerly along Salvatierra Boulevard to Tanforan Boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin County. A-1 APPENDIX B FORM OF NOTICE TO BE PUBLISHED To be published at least twenty days prior to the public hearing established in Section 7. NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS [INSERT MAP OF COUNTY SOLID WASTE URBAN SERVICE AREA] St. Lucie County, Florida (the "County") imposes special assessments, sometimes referred to as non -ad valorem assessments, against certain improved residential properties located within the County Solid Waste Urban Service Area depicted above to fund the annual costs of providing residential garbage, recycling and yard waste collection and disposal services (the "Solid Waste Assessments"). Notice is hereby given that the Board of County Commissioners of the County (the "Board") will conduct a public hearing to consider imposing Solid Waste Assessments to fund the cost of such services and facilities for the fiscal year commencing October 1, 2019 ("Fiscal Year 2019-20") and each fiscal year thereafter, and to authorize collection of such assessments on the annual property tax bill. The Solid Waste Assessment is an annual assessment which will continue from year to year. The hearing will be held in the County Commission Chambers at 6:00 p.m. on September 3, 2019, or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed Solid Waste Assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Health, Safety and Risk Manager at (772) 462-1546 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. The Solid Waste Assessment for each parcel will be computed by multiplying the number of dwelling units on the parcel by the rate of assessment. The rate of assessment for Fiscal Year 2019-20 shall be 5276.14 per dwelling unit. The maximum rate of assessment that can be charged in future fiscal years without additional notice is $280.00 per dwelling unit. Copies of the assessment roll showing the amount of the Solid Waste Assessment to be imposed against each parcel of property, and the legal documentation relating to the assessments are available B-1 for inspection at the office of the St. Lucie County Property Appraiser located on the First Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The Solid Waste Assessments will be collected by the St. Lucie County Tax Collector on the ad valorem tax bill mailed each November, including November 2019, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the County at (772) 462-1631, Monday through Friday between 8:00 a.m. and 5:00 p.m. Howard N. Tipton County Administrator lip APPENDIX C-1 AND C-2 FORM OF NOTICE TO BE MAILED APPENDIX C-1 ******NOTICE TO PROPERTY OWNER****** To be mailed at least twenty days prior to the public hearing established in Section 7, ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS St. Lucie County 2300 Virginia Avenue NOTICE DATE: August J 2019 Owner Tax Parcel # Address Legal Description: City, State, Zip St. Lucie County, Florida (the "County") imposes special assessments, sometimes referred to as non -ad valorem assessments, against certain improved residential properties to fund the annual costs of providing residential garbage, recycling and yard waste collection and disposal services (the "Solid Waste Assessments"). Notice is hereby given that the Board of County Commissioners of the County (the "Board") will conduct a public hearing to consider imposing Solid Waste Assessments to fund the cost of such services and facilities for the fiscal year commencing October 1, 2019 ("Fiscal Year 2019-20") and each fiscal year thereafter, and to authorize collection of such assessments on the annual property tax bill. The Solid Waste Assessment is an annual assessment which will continue from year to year. The hearing will be held in the County Commission Chambers at 6:00 p.m. on September 3, 2019, or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed Solid Waste Assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Health, Safety and Risk C-1 Manager at (772) 462-1546 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. The Solid Waste Assessment for each parcel will be computed by multiplying the number of dwelling units on the parcel by the rate of assessment. The proposed rate of assessment for Fiscal Year 2019-20 is 5276.14 per dwelling unit. The total revenue the County expects to collect through the Solid Waste Assessment for Fiscal Year 2019-20 is $5,489,387.06. The following is a summary of the Solid Waste Assessment being imposed on the above parcel for Fiscal Year 2019-20. The total number of residential dwelling units on the above parcel is dwelling units. For Fiscal Year 2019-20, the annual Solid Waste Assessment for the above parcel is $ The maximum rate of assessment that can be charged in future fiscal years without additional mailed notice is $280.00 per dwelling unit. Copies of the assessment roll showing the amount of the Solid Waste Assessment to be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the office of the County's MSBU Coordinator located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The Solid Waste Assessments will be collected by the St. Lucie County Tax Collector on the ad valorem tax bill mailed each November, including November 2019, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-5112, Monday through Friday between 8:00 a.m. and 5:00 p.m. *****DO NOT SEND MONEY NOW. THIS IS NOT A TAX BILL***** APPENDIX C-2 C-1-2 * * * * * NOTICE TO PROPERTY OWNER * * * * * To be mailed at least twenty days prior to the public hearing established in Section 7. ST. LUCIE COUNTY 2300 Virginia Avenue Ft. Pierce, Florida 34982 Owner Address City, State Zip ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST , 2019 NOTICE OF SOLID WASTE ASSESSMENT FOR FISCAL YEAR 2019-20 AND "UNCOLLECTED" SOLID WASTE ASSESSMENT DUE FOR FISCAL YEAR 2018-19 (OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2019). St. Lucie County, Florida (the "County") imposes special assessments, sometimes referred to as non -ad valorem assessments, against certain improved residential properties to fund the annual costs of providing residential garbage, recycling and yard waste collection and disposal services (the "Solid Waste Assessments"). Notice is hereby given that the Board of County Commissioners of the County (the "Board") will conduct a public hearing to consider imposing Solid Waste Assessments to fund the cost of such services and facilities for the fiscal year commencing October 1, 2019 ("Fiscal Year 2019-20") and each fiscal year thereafter, and to authorize collection of such assessments on the annual property tax bill. The Solid Waste Assessment is an annual assessment which will continue from year to year. The hearing will be held in the County Commission Chambers at 6:00 p.m. on September 3, 2019, or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed Solid Waste Assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Health, Safety and Risk Manager at (772) 462-1546 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. C-2-2 The Solid Waste Assessment for each parcel will be computed by multiplying the number of dwelling units on the parcel by the rate of assessment. The proposed rate of assessment for Fiscal Year 2019-20 is 5276.14 per dwelling unit. The total revenue the County expects to collect through the Solid Waste Assessment for Fiscal Year 2019-20 is $5,489:387.06. The following is a summary of the Solid Waste Assessment being imposed on the above parcel for Fiscal Year 2019-20. The total number of residential dwelling units on the above parcel is dwelling units. The Fiscal Year 2019-20 Solid Waste Assessment for the above parcel: $ The uncollected Solid Waste Assessment for prior fiscal year: $ Total to be collected on November 2019 tax bill: $ The maximum rate of assessment that can be charged in future fiscal years without additional mailed notice is .$280.00 per dwelling unit. Please note that the amount to be collected for the above parcel includes the Solid Waste Assessment which was erroneously or inadvertently not collected for the above parcel for the prior fiscal year which began October 1, 2018. This amount is in addition to the Solid Waste Assessment for Fiscal Year 2019-20. Copies of the assessment roll showing the amount of the Solid Waste Assessment to be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the office of the County's MSBU Coordinator located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The Solid Waste Assessments will be collected by the St. Lucie County Tax Collector on the ad valorem tax bill mailed each November, including November 2019, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-5112, Monday through Friday between 8:00 a.m. and 5:00 p.m. *****DO NOT SEND MONEY NOW. THIS IS NOT A TAX BILL***** C-2-2