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HomeMy WebLinkAbout19-236RESOLUTION NO. 2019-236 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 RAINBOW DRIVE 1 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 Rainbow Drive 1 Municipal Services Benefit Unit (the "Rainbow Drive 1 MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Rainbow Drive 1 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 Rainbow Drive 1 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 6 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2020-2021 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 Rainbow Drive 1 MSBU to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Rainbow Drive 1 MSBU. A description of the boundaries of the real property within the proposed Rainbow Drive 1 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 Rainbow Drive 1 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 6 After motion and second, the vote on this Resolution was as follows: Chair Linda Bartz UW Vice Chair Cathy Townsend AYE Commissioner Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Frannie Hutchinson ABSENT PASSED AND DULY ADOPTED this 22"d day of October, 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA By: ZY4� Deputy Jerk Chair �.4 CDMMi OJT spy APPROVE AS TO FORM AND U CORRECT u cOtlNTYf yr County for ey Page 3 of 5 EXHIBIT A PROOF OF PUBLICATION Page 4 of 6 Treasure Coast Newspapers, PART OF 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 ti f. ,,., n^t^ber 15, 2019: ._ ._ •,(.l1.(1..1'V� uv��JlLr.�c11-• 1 TARA MONDLOCH Notary Public Stella of Wisconsin My commission expires August 6, 2021 Publication Cost: $265.20 Ad No: 0003784480 Customer No: 1313426 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, commenting 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. 1. a oe Creek MSBU - proposed - potable watertfire protec- tion 2.Hatcher MSBU - proposed - potable water/fire protection 3.Lakewood Park 2 MSBU - proposed - potable water/fire pro- tection 4.Lakewood Park Drainage - proposed - storm water drainage improvements 5.Mura MSBU - proposed -otable water/fire protection 6.North Hutchinson Island table - 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: RAINBOW DRIVE 1 MSBU A PARCEL OF LAND LYING IN SECTION 5, T-36-S, R-40-E, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF THE UNRECORDED DANIELS SUBDIVISION; SAID SUBDIVISION BEING BOUNDED ON THE WEST BY THE EAST LINE OF LOT 109, WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORID& AND BOUNDED ON THE EAST BY THE WEST RIGHT OF WAY LINE OF ST. JAMES DRIVE AS NOW LAID OUT AND IN USE; AND BOUNDED ON THE SOUTH BY THE NORTH LINE OF THE SOUTH 268' FEET OF THE NE'/ OF THE SE'/4 OF SECTION 5, T-36-S, R-40-E; AND BOUNDED ON THE NORTH BY THE FOLLOWING DESCRIBED AGREED LINE AS RECORDED IN ORB 232 AT PAGE 237 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, " STARTING AT A POINT 654.4 FEET NORTH (AS MEASURED ALONG THE EAST LINE OF SECTION 5) AND 25 FEET WEST OF THE SOUTHEAST CORNER OF THE NE'/4 OF THE SE'/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST (POINT OF BEGINNING) RUN THENCE WESTERLY ON A BEARING SOUTH 89 54' 40" WEST A DISTANCE OF 1294.75 FEET TO A POINT (TERMINUS)". LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND DESCRIBED IN ORB 2084 AT PAGE 1320 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; "BEGIN AT THE SOUTHEAST CORNERT OF THE NORTH 375 FEET OF THE SOUTH ONE-HALF OF THE NE '/4 OF THE SE '/4 OF SECTION 5, T-36-S, R-40- E, THENCE RUN WSET 25 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREINAFTER DESCRIBED: THENCE CONTINUE WEST 125 FEET; THENCE NORTH 121 FEET; THENCE RUN EAST 125 FEET TO THE WEST LINE OF HAWLEY ROAD; THENCE TURN AND RUN SOUTH ALONG SAID WEST LINE 121 FEET TO THE POINT OF BEGINNING. (BEING LOT 1 OF DANIELS UNRECORDED SUBDIVISION)". AND; LESS AND ACCEPT THE FOLLOWING PARCEL OF LAND AS DESCRIBED IN ORB 1419 AT PAGES 1919-1921; "THE EAST 180 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHEAST CORNER OF THE NORTH 375 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 5, T-36-S, RE-40-E, RUN WEST 35 FEET TO THE POINT OF BEGINNING, - Page 5 of 6 FROM SAID POINT OF BEGINNING, CONTINUE WEST 358.4 FEET TO A POINT ; THENCE TURN AND RUN NORTH 204 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPTING THE NORTHERN MOST 8.45 FEET THEREOF, RELEASED AND CONVEYEDGUIDO MESITO AND ANTOINETTE MESITO, HIS WIFE AND OTHERS, TO ESTABLISH THE NORTHERN MOST BOUNDARY HEREOF AS SET FORTH IN INSTRUMENT RECORDED IN ORB 232, PAGE235, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA". PREPARED OCTOBER 19, 2005 REVISED NOVEMBER 06, 2007 GAENG\MSBU\WORD\NOI's\NOI 2009\RESOLUTIONS\Rainbow Drive 1.doc Page 6 of 6