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HomeMy WebLinkAbout19-241RESOLUTION NO. 2019-241 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED YATES ROAD MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Yates Road Municipal Services Benefit Unit (the "Yates Road MSBU") to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Yates Road MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the Yates Road MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2020, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 22, 2019, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2020-2019 Fiscal Year and with the ad valorem tax bills issued in November, 2020, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed Yates Road MSBU to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Yates Road MSBU. A description of the boundaries of the real property within the proposed Yates Road MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the Yates Road MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Linda Bartz AYE Vice Chair Cathy Townsend AYE Commissioner Chris Dzadovsky AYE Commissioner Frannie Hutchinson ABSENT Commissioner Sean Mitchell AYE PASSED AND DULY ADOPTED this 22nd day of October, 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA nlzf JLLi� By: 0�_4� ALA_� Deputy le Chair �GpMlW/S �y SRO APPROVELZ AS TO FORM AND O� CORRECT ES : V y COUNT0 County ttor ey �F Page 3 of 5 EXHIBIT A PROOF OF PUBLICATION Page 4 of 5 Treasure Coast Newspapen PARTOF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 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, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beachin Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. September 24, 2019, October 1, 2019, October 8, 2019, October 15, 2019 ­.,,. + hof. — n^'^ber 15, 2019: �1.1a_ct .Y"Vl c/Y\aJ T,-fL, TARA MONDLOCH Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $265.20 Ad No: 0003784480 Customer No: 1313428 PO #: NOTICE OF INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS AND NOTICE OF PUBLIC HEARINGS The Board of County Commissioners of St. Lucie County, Flori- da (the "Board") hereby provides notice, pursuant to Section 197.3632, Florida Statutes, of its intent to use the uniform method of collecting non -ad valorem assessments to be levied within certain proposed or established special assessment dis- tricts ("SADs") to fund the cost of providing capital improve- ments and/or essential services which may include but are not limited to roadway, sidewalk, potable water/fire protection, wastewater, drainage, street lighting and beach renourishment improvements and services, commencing in No- vember 2020. A list of the Proposed or established SADs ap- pears below. The Board will consider the adoption of resolu- tions stating its intent to use the uniform method of collecting such assessments as authorized by Section 197.3632, Florida Statutes, at public hearings on, October 22, 2019 at 9:00 a.m. in the Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida. Such resolutions will state the need for the levy and will contain a legal description of the real property subject to the levy. Copies of the proposed form of resolution, including a legal description of the real property subject to the levy, are on file at the Office of the County Attorney locat- ed at 2300 Virginia Avenue, Fort Pierce, Florida 34982. All in- terested persons are invited to attend the October 22nd public hearing. In the event any person decides to appeal any decision by the Board with respect to any matter relating to the consideration of the resolutions at the above -referenced Public hearings, a record of the proceeding may be needed and in such an event, such person may need to ensure that a verbatim record of the public hearing is made, which record includes the testimony and evidence on which the appeal is to be based. SADs: 1.Canoe Creek MSBU - proposed - potable water/fire protec- tion 2.Hatcher MSBU - proposed - potable waterffire protection 31akewood Park 2 MSBU - proposed - potable water/fire pro- tection 4.Lakewood Park Drainage - proposed - storm water drainage improvements 5.Mura MSBU - proposed - potable water/fire protection 6.North Hutchinson Island MSBU -wastewater 7.Property Clean -Up SAD - created - Remedy Code Violations 8.Rainbow Drive 1 MSBU - proposed - potable water/fire pro- tection 9.Rainbow Drive 2 MSBU - proposed - wastewater 10.Saint James MSBU - proposed - potable water 11.Taylor Creek MSBU - proposed - dredging 12.Towns Villages and Countryside MSBU - proposed - infra- structure related to paving, drainage, water, sewer, sidewalks, and street lights 13.Treasure Coast Air Park - proposed - water/fire protection 14.Yates Road MSBU - proposed - potable water/fire protec- tion DATED this 24th Day of September, 2019. By Order of the Clerk of the Board of County Commissioners of St. Lucie County, Florida Pub: Sep 24, Oct. 1, 8, 15, 2019 TCN3784480 EXHIBIT B DESCRIPTION: YATES ROAD MSBU A PARCEL OF LAND LYING WITHIN SECTION 19, TOWNSHIP 35 SOUTH , RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION 19, ON AN ASSUMED BEARING OF NORTH 89°59'50" EAST TO THE INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST RIGHT OF WAY LINE OF DAME ROAD; THENCE NORTH 00°38' 23" EAST A DISTANCE OF 44.50 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE N.S.L.R.W.C.D. CANAL NO. 39; THENCE NORTH 00°38'23"EAST ALONG THE EAST RIGHT OF WAY LINE OF DAME ROAD A DISTANCE OF 101.46 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00' 38'23" EAST ALONG THE EAST RIGHT OF WAY LINE OF DAME ROAD A DISTANCE OF 507.30 FEET; THENCE NORTH 89' 59'50" EAST DEPARTING SAID EAST RIGHT OF WAY LINE OF DAME ROAD A DISTANCE OF 130.40 FEET; THENCE NORTH 660 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE EAST ALONG SAID NORTH LINE A DISTANCE OF 540 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE SOUTH ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19 A DISTANCE OF 395 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 2 ACRES OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19; THENCE EAST 330 FEET ALONG THE NORTH LINE OF THE SOUTH 2 ACRES OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19 TO THE NORTHEAST CORNER OF THE AFOREMENTIONED SOUTH 2 ACRES; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTH 2 ACRES A DISTANCE OF 264 FEET TO THE SOUTHEAST CORNER OF SAID SOUTH 2 ACRES; THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTH 2 ACRES A DISTANCE OF 330 FEET; THENCE SOUTH 00'38'23"WEST TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE N.S.L.R.W.C.D. CANAL NO. 39; THENCE SOUTH 89'59'50" WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID CANAL NO. 39 TO A POINT LYING 263.42 FEET EAST OF THE EAST RIGHT OF WAY LINE OF DAME ROAD (AS MEASURED ALONG THE NORTH RIGHT OF WAY LINE OF CANAL NO. 39); THENCE NORTH 00' 38'23" EAST DEPARTING SAID NORTH RIGHT OF WAY LINE OF CANAL NO. 39 A DISTANCE OF 101.46 FEET; THENCE SOUTH 89°59'50"WEST A DISTANCE OF 263.42 FEET TO THE EAST RIGHT OF WAY LINE OF DAME ROAD AND THE POINT OF BEGINNING. LESS AND EXCEPT ROAD RIGHT OF WAYS OF RECORD. SEPTEMBER 6, 2013 RON HARRIS COUNTY SURVEYOR Page 5 of 5