HomeMy WebLinkAbout19-1690
3,gNTJOS�PUSMITH,
CLERK OF
FIDE #CIE CO 46158290911-312019
THE CIRCUIT COURT
OR BOOK 4319 0911- 12019 02.59:24 PM
RECORDING: $129.00 2057 - 2.071 Doc Type:
RE50
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SABAL CREEK MUNICIPAL SERVICES BENEFIT UNIT
FINAL ASSESSMENT RESOLUTION
ADOPTED August 13, 2019
TABLE OF CONTENTS
FINAL ASSESSMENT RESOLUTION
Page
SECTION1.
AUTHORITY.............................................................................................1
SECTION2.
DEFINITIONS...........................................................................................1
SECTION3.
FINDINGS..................................................................................................2
SECTION 4.
RATIFICATION AND CONFIRMATION OF
INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS ..... 4
SECTION 5.
ASSESSMENTS.........................................................................................4
SECTION 6.
APPROVAL OF ASSESSMENT ROLL..................................................5
SECTION 7.
COLLECTION OF ASSESSMENTS........................................................6
SECTION 8.
EFFECT OF FINAL ASSESSMENT RESOLUTION .............................6
SECTION 9.
ASSESSMENT NOTICE...........................................................................7
SECTION 10.
EFFECTIVE DATE....................................................................................8
APPENDIX A
PROOF OF PUBLICATION
APPENDIX B
AFFIDAVIT OF MAILING
APPENDIX C
FORM OF ASSESSMENT NOTICE
RESOLUTION NO. 2019-169
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS RELATING TO THE CONSTRUCTION AND
FUNDING OF POTABLE WATER AND FIRE PROTECTION
IMPROVEMENTS BENEFITTING REAL PROPERTY LOCATED
WITHIN THE SABAL CREEK MUNICIPAL SERVICES BENEFIT
UNIT; DETERMINING THAT REAL PROPERTY THEREIN WILL BE
SPECIALLY BENEFITED BY THE IMPROVEMENTS; ESTABLISHING
THE METHOD OF ASSESSING THE COSTS OF THE
IMPROVEMENTS AGAINST THE REAL PROPERTY THAT WILL BE
SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS
AND CONDITIONS OF THE ASSESSMENTS; RATIFYING AND
CONFIRMING THE INITIAL ASSESSMENT RESOLUTION AND
PRIOR ACTIONS OF THE COUNTY RELATED TO THE
ASSESSMENTS; APPROVING THE ASSESSMENT ROLL; IMPOSING
ASSESSMENTS UPON ALL TAX PARCELS DESCRIBED IN THE
ASSESSMENT ROLL; PROVIDING THE METHOD OF COLLECTION;
DIRECTING RECORDED NOTICE OF THE ASSESSMENTS; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE
COUNTY AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution of the St. Lucie County
Board of County Commissioners (the "Board") is adopted pursuant to the provisions of
Article IV of Chapter 40 of the County Code of Ordinances (the "Assessment
Ordinance"), sections 125.66, 197.3632, and 197.3635, Florida Statutes and other
applicable provisions of law, and Resolution No. 2019-111 adopted by the Board on
May 21, 2019 (the "Initial Assessment Resolution").
SECTION 2. DEFINITIONS. This Resolution is the Final Assessment
Resolution. All capitalized terms in this Resolution shall have the meanings defined in
1
the Assessment Ordinance and the Initial Assessment Resolution.
SECTION 3. FINDINGS. It is hereby ascertained, determined and
declared that:
(A) The findings provided in Section 1.04 of the Initial Assessment Resolution
are hereby ratified, confirmed, and incorporated as if set forth fully herein.
(B) On May 21, 2019, the Board adopted the Initial Assessment Resolution
which described the potable water and fire protection improvements comprising the
Project, provided for the funding thereof through Assessments and the method of
assessing the cost of such improvements against the real property located within the
Sabal Creek MSBU benefited thereby, established a public hearing to consider
imposition of the Assessments, and directed preparation of the preliminary Assessment
Roll.
(C) Pursuant to Section 40-100(f) of the Assessment Ordinance, the Board is
required to repeal or confirm the Initial Assessment Resolution, with such amendments
as the Board deems appropriate, after the public hearing and receiving comments or
objections of interested parties.
(D) The Initial Assessment Resolution originally scheduled the public hearing
for July 2, 2019. The hearing was rescheduled for August 13, 2019 and the County
provided notice of such rescheduled hearing in accordance with the terms of the
Assessment Ordinance and the Initial Assessment Resolution, by publication and
2
mailing to each affected property owner notifying such property owner of the
opportunity to be heard. The proof of publication and an affidavit of mailing are
attached hereto as Appendices A and B respectively.
(E) Such public hearing has been duly held and comments and objections of
all interested persons have been heard and considered as required by law.
(F) The potable water utility infrastructure comprising the Project will be
publicly owned and operated and subject to public utility easements for purposes of
access, maintenance and improvement. Such infrastructure will also include fire
hydrants to facilitate delivery of public fire protection services. The Project will serve a
paramount public purpose which achieves important County objectives such as the
provision of central water service and fire protection infrastructure to County citizens,
thereby promoting the public health, safety and welfare.
(G) The Assessments contemplated hereunder will be imposed by the Board,
not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or
Tax Collector under the provisions of this Resolution shall be construed solely as
ministerial.
(H) The special benefits derived from the Project, as further described in the
Initial Assessment Resolution, exceed the amount of the Assessments levied and
imposed hereunder. The Assessment for any Parcel subject thereto does not exceed the
proportional benefits that such Parcel will receive compared to any other Parcel.
3
(I) The Board hereby finds and determines that the Assessments to be
imposed in accordance with this Resolution provide an equitable method of funding the
Project by fairly and reasonably allocating the costs associated with the Project among
specially benefited property.
SECTION 4. RATIFICATION AND CONFIRMATION OF INITIAL
ASSESSMENT RESOLUTION AND PRIOR ACTIONS.
(A) The Initial Assessment Resolution is hereby ratified and confirmed.
(B) The Sabal Creek MSBU, the description of which is set forth in the Initial
Assessment Resolution, is hereby established.
(C) Any and all prior actions of the Board associated with the imposition of
Assessments to fund the Project, including but not limited to the rescheduling of the
public hearing for property owners affected by the Assessments from July 2, 2019 to
August 13, 2019, are hereby approved, ratified and confirmed in their entirety.
SECTION 5. ASSESSMENTS.
(A) Section 2.01 of the Initial Assessment Resolution estimated the maximum
Assessed Cost of the Project to be $3,230,000. Such estimate is based upon projected
construction costs and is hereby confirmed.
(B) An Assessment in the amount of $22,163.15 per ERC is hereby levied and
imposed against each Parcel described in the Assessment Roll. The maximum annual
installment of the Assessment per ERC is estimated to be $1,178.43 which includes
4
annual financing, collection and administration costs.
(C) The County intends to issue special assessment bonds or other Obligations
to finance construction of the improvements at an estimated interest rate of 5% per
annum. Owners of Assessed Property may prepay the Assessment in accordance with
Section 7 hereof and thereby avoid annual interest.
(D) The Assessment imposed against each Parcel may be further reduced
upon completion of the Project, depending on whether contingencies arise during
construction. Any such further reduction shall be established by supplemental
resolution of the Board.
(E) The Parcels described in the Assessment Roll are hereby found to be
specially benefited by the Project in an amount which equals or exceeds the
Assessments imposed hereunder. The apportionment methodology for the
Assessments, as set forth in Section 3.04 of the Initial Assessment Resolution, is hereby
approved.
(F) The Assessment shall constitute a lien against Assessed Property equal in
rank and dignity with the liens of all state, county, district or municipal taxes and other
non -ad valorem assessments. Except as otherwise provided by law, such lien shall be
superior in dignity to all other liens, titles and claims, until paid.
SECTION 6. APPROVAL OF ASSESSMENT ROLL. The Assessment
Roll, which is on file in the office of the County Engineer and incorporated herein by
5
reference, is hereby approved. The Assessment Roll shall be retained by the Assessment
Coordinator and shall be available for public inspection. The foregoing shall not be
construed to require that.the Assessment Roll.be in printed form.if the amount of the
Assessment for each Parcel can be determined by use of a computer terminal or internet
access available to the public.
SECTION 7. COLLECTION OF ASSESSMENTS. Owners of Assessed
Property may prepay the Assessment at their option to avoid annual financing,
collection and administration costs. ,Assessments imposed hereunder which are not
prepaid by such date shall be collected in not more than twenty (20) annual installments
pursuant to the provisions of the Initial Assessment Resolution and Uniform
Assessment Collection Act, commencing in November 2019. The principal balance of
the Assessment shall not be accelerated upon sale or conveyance of Assessed Property
but may be paid in full at any time at the option of the owner thereof. Upon adoption of
this Resolution, the Assessment Coordinator is authorized to cause the certification and
delivery of the Assessment Roll to the Tax Collector by September 15, in the manner
prescribed by the Uniform Assessment Collection Act.
SECTION 8. EFFECT OF FINAL ASSESSMENT RESOLUTION. The
adoption of this Final Assessment Resolution shall be the final adjudication of the issues
presented herein and in the Initial Assessment Resolution (including, but not limited to,
the method by which the Assessments are computed and apportioned, the Assessment
T
Roll, and the rate of Assessment unless proper steps are initiated in a court of
competent jurisdiction to secure relief within twenty (20) days from the date of the
Board's adoption of this Final Assessment Resolution.
SECTION 9. ASSESSMENT NOTICE. The Assessment Coordinator is
hereby authorized to record a general notice of the Assessments in the Official Records
in the office of the St. Lucie County Clerk of Courts. Such notice shall be in substantially
the form attached hereto as Appendix C and shall be recorded upon completion of the
Project.
[Remainder of Page Intentionally Left Blank]
7
SECTION 10. EFFECTIVE DATE. This Final Assessment Resolution shall
take effect immediately upon its passage and adoption.
follows:
AFTER MOTION AND SECOND, the vote on this Resolution was as
Chair Linda Bartz AYE
Vice Chair Cathy Townsend
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Frannie Hutchinson
AYE
Commissioner Sean Mitchell AYE
PASSED AND DULY ADOPTED this 13th day of August, 2019.
ATTEST:
Deputy Clerq)
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
APPENDIX A
PROOF OF PUBLICATION
A-1
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PART OF THE LISA TODAY NETWORK
St, Lucie News -Tribune
1939 SE Federal Highway, Stuart, FL 34994
AFFIDAVIT OF PUBLICATION
St Lucie County Bocc Finance Dept
2300 Virginia AVE
Fort Pierce, FL 34982-5632
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned authority personally appeared.
Vicky Felty, who on oath says that she is a legal clerk
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 affiantfurther 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.
July 14, 2019
Subscrib and sworn to before on July 30, 2019:
Notary, State of WI, County of Brown
TARA MONDLOCI-I
Notary Public
Mate of Wisconsin
My commission expires: August 6, 2021
Publication Cost: $519.75
'fid No: GC10229946
Customer No: 332494
PO#:
NOTICE OF HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION OF
NON -AD VALOREM SPECIAL ASSESSMENTS
Notice is hereby given that the Board of County Commissioners (the
"Board") of St. Lucie County, Florida will conduct a public hearing to consider
adoption of a Final Assessment Resolution related tothe imposition of special
assessments, sometimes referred to as non -ad valorem assessments, within
the proposed Sabal Creek Municipal Services Benefit Unit (the "MSBU").
The final assessment resolution will provide for the imposition of special
assessments against property located within the MSBU and collection of the
assessments by the St. Lucie County Tax Collector as set forth in section 10-
103 of the St. Lucie County Code of Ordinances. The hearing will be held on
Tuesday, August 13, 2019 at 6:00 p.m., or as soon thereafter as the matters
may be heard, in the St. Lucie County Commission Chambers, 2300 Virginia
Avenue, Fort Pierce, Florida. Please enter through the north entrance of
the Roger Poitras Annex and proceed to the County Commission Chambers
located on the third floor. All affected property owners have a right to
appear at the hearing and to file written objections with the Board within
twenty (20) days of this notice. The assessment will be based upon assigning
one (1) Equivalent Residential Connection for each single family dwelling
unit or subdivided residential building lot capable of development with a
single family dwelling, regardless of the size of the dwelling unit or lot. The
assessments will be collected in accordance with Section 197.3632, Florida
Statutes, which authorizes collection of non -ad valorem assessments by the
St. Lucie County Tax Collector on the annual property tax bill. Collection is
anticipated to commence in November, 2019 and annual installments will
continue each year for a period not to exceed twenty (20) years, or until
the amount of the assessment is paid in full. A more specific description of
the MSBU Project and the method of computing the assessment for each
parcel of property are set forth in Resolution No. 2019-111 (the "Initial
Assessment Resolution"). A draft of the Final Assessment Resolution and
the preliminary assessment roll are available for inspection at the office
of the County Engineer, 2300 Virginia Avenue, Fort Pierce, Florida. If you
have any questions, please contact Barbara Guettler of the St. Lucie County
Engineering Division at (772) 462-3500.
ANY PERSON WISHING TO ENSURE THAT AN ADEQUATE RECORD
OF THE PROCEEDINGS IS MAINTAINED FOR APPELLATE PURPOSES IS
ADVISED TO MAKE THE NECESSARY ARRANGEMENTS FOR RECORDING
AT HIS OR HER OWN EXPENSE. PERSONS WITH DISABILITIES NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD
CONTACT THE ST. LUCIE COUNTY CLERK AT LEAST 48 HOURS IN
ADVANCE OF THE MEETING.
7R -1002_+59-i
APPENDIX B
AFFIDAVIT OF MAILING
BEFORE ME, personally appeared the undersigned affiant, who after being duly sworn depose
and say:
(1) I am MSBU Project Manager for the Engineering Division of St. Lucie County,
Florida.
(2) On or before June 24, 2019, I facilitated and directed mailed notice of a public
hearing to be held on August 13, 2019, by the St. Lucie County Board of County Commissioners
for purposes of receiving public comment on the imposition of special assessments (the
"Assessments") within the Sabal Creek Municipal Services Benefit Unit ("MSBU") to fund
potable water and fire protection improvements. The notices were mailed in accordance with
Section 2.02(F) of Resolution No. 2019-111 and Section 40-100(e) of the County Code of
Ordinances, to each owner of real property located within the Sabal Creek MSBU subject to the
Assessments at the addresses shown on the real property tax roll database maintained by the
St. Lucie County Property Appraiser for the purpose of the levy and collection of ad valorem
taxes.
FURTHER AFFIANT SAYETH NAUGHT.
Barbara Guettler, affiant
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing Affidavit of. Mailing was sworn to and subscribed before me this 13
day of ALAr2019, by Barbara Guettler. She is personally known to me or has
produced as identification and did take an oath.
Printed/Typed Name: usan
(SEAL) Notary Public -State of cJ i 340
Commission Expires: .6eZ44 2Q 3
SUSAN A. COSENTINO r
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My Comm. Expires Aug 1, 2023
Borcec through Nationa; Notary Assn.
B-1
APPENDIX C
FORM OF ASSESSMENT NOTICE
NOTICE OF SPECIAL ASSESSMENTS IMPOSED WITHIN THE
SABAL CREEK MUNICIPAL SERVICES BENEFIT UNIT
NOTICE IS HEREBY GIVEN THAT on August 13, 2019, St. Lucie County, Florida (the
"County") adopted Resolution No. 2019-_ (the "Final Assessment Resolution") which levied
and imposed special assessments, sometimes referred to as non -ad valorem assessments,
against property located within the Sabal Creek Municipal Services Benefit Unit described in
Exhibit A attached hereto (the "Sabal Creek MSBU"). The special assessments were imposed to
fund the costs associated with potable water and fire protections improvements specially
benefitting real property located within the Sabal Creek MSBU. The dollar amount of the
special assessment imposed against tax parcels within the Sabal Creek MSBU is based on the
number of equivalent residential connections ("ERCs") attributed to such tax parcels, at the rate
of $22,163.15 per ERC, as further described in the Final Assessment Resolution and Resolution
No. 2019-111 (the "Initial Assessment Resolution"). Unless prepaid, the special assessments
will be collected in annual installments. Collection of the annual installments is expected to
commence with the ad valorem tax bill mailed in November 2019 and will continue each
year for a maximum of twenty (20) years. The principal balance of the special assessment is
not accelerated upon sale or conveyance of affected tax parcels but may be paid in full at any
time by contacting the St. Lucie County Tax Collector. The potable water and fire protection
improvements and the method of computing the assessment are set forth in the Initial
Assessment Resolution and Final Assessment Resolution. Such resolutions and the special
assessment roll which contains a list of the affected tax parcel numbers and property owners
(as shown on the St. Lucie County ad valorem tax assessment roll), the number of ERCs
attributed to each tax parcel and the dollar amount of the special assessment are on file in the
offices of the St. Lucie County Engineering Division, 2300 Virginia Avenue, Fort Pierce, Florida,
and open to public inspection.
This notice is recorded pursuant to Resolution No. 2019-_ in order to provide
constructive notice of the levy and imposition of non -ad valorem assessments upon real
property located within the Sabal Creek MSBU.
The assessments constitute a lien against assessed property equal in rank and dignity
with the liens of all state, county, district or municipal taxes and other non -ad valorem
assessments. This notice does not and shall not be construed to require that individual liens or
releases be filed in the Official Records.
Dated this day of 20_.
Barbara Guettler, MSBU Project Manager
[Insert Exhibit A — Description of Sabal Creek MSBU]
C-1