The URL can be used to link to this page

Home My WebLink About19-286RESOLUTION NO. 19-286 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING THE SOUTH HUTCHINSON ISLAND BEACH EROSION CONTROL MUNICIPAL SERVICE TAXING UNIT; PROVIDING DEFINITIONS AND FINDINGS; AUTHORIZING THE LEVY OF ANNUAL AD VALOREM TAXES WITHIN SUCH UNIT TO FUND BEACH AND DUNE RESTORATION, RENOURISHMENT, EROSION CONTROL, STORM PROTECTION AND OTHER RELATED SERVICES, FACILITIES, IMPROVEMENTS AND PROGRAMS FOR THE USE AND BENEFIT OF THE PROPERTY OR RESIDENTS WITHIN THE BOUNDARIES THEREOF; DECLARING EXCLUSION OF THE UNIT FROM THE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the provisions of the Constitution of the State of Florida, Chapter 125, Florida Statutes and in particular section 125.01(1)(q) thereof, Chapter 40, Article III of the County Code (the "MSTU Ordinance"), and other applicable provisions of law. SECTION 2. DEFINITIONS. When used in this Resolution, the following terms shall have the following meanings, unless the context dearly requires otherwise: "Board" shall mean the Board of County Commissioners of St. Lucie County, Florida. "County" shall mean St. Lucie County, a political subdivision of the State of Florida. "South Hutchinson Island Beach Erosion Control Municipal Service Taxing Unit" shall mean the municipal service taxing unit created by the Board hereunder, the boundaries of which are described in Appendix A hereto. The South Hutchinson Island Beach Erosion Control Municipal Service Taxing Unit may also be referred to as the "SHI Beach Erosion Control MSTU" or the "MSTU." SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) Pursuant to Article Vill, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, the Board has all powers of local self-government to perform county and municipal functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances and resolutions. (B) The Board is authorized by Section 125.01(1)(q), Florida Statutes and the MSTU Ordinance to establish municipal service taxing units for any part or all of the unincorporated areas within the boundaries of the County to provide for the funding of beach erosion control and other essential facilities and municipal services through ad valorem taxes levied therein. (C) The purpose of this Resolution is to create the South Hutchinson Island Beach Erosion Control Municipal Service Taxing Unit to aid the County if, in its sole discretion, it chooses to impose annual ad valorem taxes therein to fund essential facilities and municipal services related to dune and beach restoration, renourishment, erosion control and storm protection for property and roadway access, and related maintenance services, facilities, improvements and programs, as well as pertinent studies and administrative, legal or other services, for the use and benefit of the property or residents within the boundaries of the MSTU. (D) The Board hereby determines that creation of the SHI Beach Erosion Control MSTU is in the public interest. The beach and dune restoration and erosion 2 control services, improvements and facilities contemplated hereunder are essential municipal services within the meaning of Article VII, Section 9 of the Florida Constitution and Section 125.01(1)(q), Florida Statutes. (E) Prior to adopting this Resolution, the Board conducted a public hearing and provided advance notice thereof as required by Section 40-59 of the MSTU Ordinance. SECTION 4. CREATION AND PURPOSE. (A) There is hereby created the South Hutchinson Island Beach Erosion Control Municipal Service Taxing Unit pursuant to Section 125.01(1)(q), Florida Statutes. The boundaries of the SHI Beach Erosion Control MSTU are set forth and described in Appendix A attached hereto and incorporated herein by reference. The MSTU shall be governed by the Board. The Board may establish sub -units as authorized by law. (B) The purpose of the SHI Beach Erosion Control MSTU is to provide for the funding of dune and beach restoration, renourishment, erosion control and storm protection for property and roadway access, and related maintenance services, facilities, improvements and programs, as well as pertinent studies and administrative, legal or other services, for the use and benefit of the property or residents within the boundaries of the MSTU. SECTION 5. POWERS; AUTHORIZATION OF AD VALOREM TAXES AND EXPENDITURES. (A) The Board shall have all powers authorized under Florida law and the MSTU Ordinance with respect to the funding, operation and administration of the SHI Beach Erosion Control MSTU. 51 (B) The Board is authorized but not required to levy annual ad valorem taxes upon taxable real and personal property within the SHI Beach Erosion Control MSTU beginning with the County budget for the fiscal year beginning October 1, 2020 and continuing until discontinued by the County. (C) Any such taxes shall be extended and collected at the same time and in the same manner as county taxes are levied and collected, and shall have the same priority rights, bear interest, be subject to penalties, and be treated the same as county taxes, except that, in accordance with the second sentence of Article VII, Section 9(b), of the State Constitution, such taxes shall be levied within the limits fixed for municipal purposes. (D) The millage rate for the MSTU shall be approved and levied in the manner provided by general law for the levy of County ad valorem taxes. Pursuant to Section 200.065(5), Florida Statutes, the maximum millage rate the County can adopt, including any millage levied within a municipal service taxing unit, absent a minimum supermajority vote is the rolled -back rate based upon the amount of taxes which would have been levied in the prior year if the maximum millage rate had been adopted, as adjusted for change in the per capita Florida personal income. (E) The Board shall adopt an annual budget for the MSTU to implement construction, maintenance, and operations of the essential services contemplated hereunder at the same time and in the same manner as the Board prepares and adopts its annual county budget and levies ad valorem taxes or non -ad valorem assessments as provided by law. During the annual budget adoption process, the Board may consider additional non -county funds made available to the County, if any, from state, federal or 4 other sources to pay for beach and dune restoration, renourishment, erosion control, and storm protection services or facilities for the use and benefit of the property or residents within the boundaries of the MSTU. (F) Revenues derived from ad valorem taxes levied within the MSTU shall be expended for the provision of dune and beach renourishment, restoration, erosion control and storm protection for property and roadway access, and related maintenance services, facilities, improvements, pertinent studies, administrative services, legal services, and programs provided to properties and residents within the MSTU. (G) The County shall maintain a separate account for the funds obtained from the levy of ad valorem taxes in the MSTU. Such funds shall be used solely for the purpose of providing and operating essential facilities and services for the use and benefit of the property and or residents within the boundaries of the MSTU, including but not limited to land acquisition, administrative services, legal services, planning and design services, construction, and other costs. SECTION 6. DECLARATION OF EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT. Nothing contained in this Resolution shall be construed or interpreted to include the MSTU in the definition of agency contained in Section 120.52, Florida Statutes, or to otherwise subject the MSTU to the application of the Administrative Procedures Act, Chapter 120, Florida Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this resolution. SECTION 7. BOND REFERENDUM. In the event the Board desires to pledge the ad valorem tax revenue derived from the SHI Beach Erosion Control MSTU to the retirement of bond, notes or other debt obligations issued for the purpose of financing 9 beach and dune renourishment, restoration, erosion control and storm protection facilities, improvements and equipment, the Board shall cause a bond referendum election to be held in accordance with applicable provisions of general law. Upon approval at referendum the Board shall have all powers necessary to issue such bonds in accordance with Florida law. SECTION 8. SEVERABILITY. If any clause, section or provision of this resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 9 SECTION 9. EFFECTIVE DATE. This Resolution shall take effect upon adoption. AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Chair Cathy Townsend AYE Vice Chair Chris Dzadovsky AYE Commissioner Linda Bartz AYE Commissioner Sean Mitchell AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 17th day of December, 2019. ATTEST: �. � ��I1■ifI APPROVED AS TO FORM AND CORRE TNESS: County Attorney BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair 7 APPENDIX A SOUTH HUTCHINSON ISLAND BEACH EROSION CONTROL MUNICIPAL SERVICE TAXING UNIT Multiple parcels of land being part of Sections 34 and 35 Township 36 South, Range 41 East and Sections 2, 3, 11 and 12, Township 37 South, Range 41 East, Saint Lucie County, Florida. Being further described as follows: All those lands lying Easterly of State Road A-1-A and Westerly of the Atlantic Ocean and Southerly from the South Line of lands of the Sand and Sea Development Group LLC as recorded in Official Records Book 4122 at page 2346, of the Official Records of Saint Lucie County Florida, to the County line between St. Lucie County and Martin County Florida. All those lands lying Westerly of State Road A-1-A and Easterly of the Indian River Lagoon and Southerly from the South Line of lands of the Sand and Sea Development Group LLC as recorded in Official Records Book 4122 at page 2346, of the Official Records of Saint Lucie County Florida, to the County line between St. Lucie County and Martin County Florida. A-1