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HomeMy WebLinkAbout20-103 JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4730228 07/16/2020 01:59:31 PM OR BOOK 4447 PAGE 304-323 Doc Type:RESO RECORDING: $171.50 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS MURA MUNICIPAL SERVICES BENEFIT UNIT INITIAL ASSESSMENT RESOLUTION ADOPTED JULY 7, 2020 TABLE OF CONTENTS PAGE ARTICLE I INTRODUCTION SECTION 1.01. AUTHORITY 1 SECTION 1.02. DEFINITIONS 2 SECTION 1.03. INTERPRETATION 4 SECTION 1.04. FINDINGS 4 ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED PROJECT COST 7 SECTION 2.02. AUTHORITY AND DIRECTION 7 SECTION 2.03. PUBLIC HEARING 9 ARTICLE III ASSESSMENTS SECTION 3.01. MURA MSBU; PROJECT DESCRIPTION 10 SECTION 3.02. UTILITY SERVICE PROVIDER 10 SECTION 3.03. IMPOSITION OF ASSESSMENTS 11 SECTION 3.04. APPORTIONMENT METHODOLOGY 11 SECTION 3.05. APPLICATION OF ASSESSMENT PROCEEDS 14 SECTION 3.06. COLLECTION OF ASSESSMENTS 14 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. CONFLICTS 15 SECTION 4.02. SEVERABILITY. 15 SECTION 4.03. EFFECTIVE DATE 16 APPENDIX A MURA MSBU LEGAL DESCRIPTION APPENDIX B INTERLOCAL AGREEMENT RESOLUTION NO. 2020-103 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND POTABLE WATER AND FIRE PROTECTION IMPROVEMENTS TO PROPERTIES WITHIN THE PROPOSED MURA MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE PROPERTY TO BE LOCATED WITHIN THE MURA MUNICIPAL SERVICES BENEFIT UNIT;PROVIDING FOR THE IMPOSITION OF SPECIAL ASSESSMENTS THEREIN; ESTIMATING THE PROJECT COST TO BE FUNDED THROUGH SPECIAL ASSESSMENTS; ESTABLISHING THE METHOD OF APPORTIONING THE SPECIAL ASSESSMENTS AMONG AFFECTED REAL PROPERTY; DIRECTING THE ASSESSMENT COORDINATOR TO PREPARE A PRELIMINARY ASSESSMENT ROLL;APPROVING THE INTERLOCAL AGREEMENT WITH FORT PIERCE UTILITIES AUTHORITY AND THE CITY OF FORT PIERCE;AUTHORIZING AND DIRECTING STAFF TO TAKE SUCH ACTIONS AS MAY BE NECESSARY IN FURTHERANCE OF SUCH PROJECT AND THE FINANCING OF THE COST THEREOF THROUGH SPECIAL ASSESSMENTS; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY AS FOLLOWS: ARTICLE I INTRODUCTION SECTION 1.01. AUTHORITY. This Resolution of the St.Lucie County Board of County Commissioners(the"Board")is adopted pursuant to the provisions of Chapter 40, Article IV of the County Code of Ordinances(the"Assessment Ordinance"), sections 125.66, 197.3632, and 197.3635 of the Florida Statutes, and other applicable provisions of law. 1 SECTION 1.02. DEFINITIONS. This Resolution constitutes an Initial Assessment Resolution within the meaning of the Assessment Ordinance. All capitalized words and terms not otherwise defined herein shall have the meaning set forth in the Assessment Ordinance. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Assessed Cost" means the costs of the Project to be funded through the imposition of Assessments against Assessed Property, an estimate of which is included in Section 2.01 hereof. "Assessed Property"means all parcels of real property included in the Assessment Roll that receive a special benefit from the Project. "Assessment" means a special assessment (sometimes characterized as a non-ad valorem assessment) levied by the Board to fund the Assessed Cost. "Assessment Coordinator"means the chief administrative officer of the County,or such person's designee responsible for coordinating calculation and collection of Assessments as provided herein. "Assessment Ordinance" means Chapter 40, Article IV of the County Code of Ordinances as may be amended from time to time, or its successor in function. "Assessment Roll"means the special assessment roll created pursuant to Section 40- 100(c) of the Assessment Ordinance and described in Section 2.02 (A) hereof. "Board" means the Board of County Commissioners of St. Lucie County, Florida. 2 "Clerk" means the Clerk of the Board or any Deputy Clerk. "Collection Costs" means costs incurred by the Board in the annual collection and administration of the Assessments, including but not limited to fees imposed by the Property Appraiser and Tax Collector and amounts necessary to account for statutory discounts for the early payment of property taxes and non-ad valorem assessments. "County" means St. Lucie County, Florida. "Equivalent Residential Connection" or "ERC" means the equivalency unit attributed to Parcels comprising the Mura MSBU to measure and allocate the relative benefit conveyed to such Parcels by provision of the potable water and fire protection improvements comprising the Project. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. "FPUA" means the Fort Pierce Utility Authority. "Mura MSBU" means the proposed Mura Municipal Services Benefit Unit, as described in Section 3.01 hereof. "Parcel" means a parcel of real property to which the St. Lucie County Property Appraiser has assigned a distinct ad valorem property tax identification number. "Petitions" means written petitions or straw ballots summited to the Board by affected parcel owners pursuant to Section 40.99 of the Assessment Ordinance. 3 "Project"means the potable water and fire protection improvements contemplated hereunder which will specially benefit Assessed Property within the Mura MSBU. "Tax Roll"means the real property ad valorem tax roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "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. SECTION 1.03. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number,and vice versa;the terms "hereof,""hereby,""herein,""hereto,""hereunder"and similar terms refer to this Resolution; and the term"hereafter"means after, and the term"heretofore"means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared that: (A) The County and FPUA have collaborated in extensive preliminary undertakings related to the design, construction, and acquisition of the potable water and fire protection improvements comprising the Project, including but not limited to 4 conducting engineering studies and due diligence, designing the improvements; and, developing a cost estimate, plan of finance, and project schedule. (B) The plan of finance for the Project involves the levy and collection of Assessments on developed or developable Parcels within the Mura MSBU pursuant to the Assessment Ordinance and the Uniform Assessment Collection Act. (C) Preliminary Petitions submitted to the County indicate that affected Parcel owners liable for approximately 60% of the Assessed Cost support the imposition of Assessments to fund the Project. (D) The Board is authorized by the Uniform Assessment Collection Act to levy and collect Assessments, and the Assessment Ordinance established a procedure for the levy and collection of Assessments by the Board for the purpose of providing essential facilities and services such as the Project. (E) The Project will convey special benefits to Parcels within the Mura MSBU including but not limited to: access to a centralized, publicly owned and operated water utility system which will provide an increase in market valuation, enhanced development/re-development potential, availability of water treated to comply with regulatory drinking water standards, safety benefits associated with installation of fire hydrants, and heightened use, marketability, enjoyment and value of the real property specially benefitted by the Project.The improvements comprising the Project are designed 5 to meet the capacity requirements of the specially benefiting properties within the Mura MSBU; hence, 100 percent of the costs are associated with providing special benefit. (F) The apportionment of Assessments based upon Equivalent Residential Connections as described in Section 3.04 hereof is a fair and reasonable method for apportioning the costs of the Project and the special benefit conveyed thereby among Assessed Property, and bears a reasonable relationship to the cost of providing the Project. (G) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Initial Assessment Resolution provide a proper and equitable method of funding the Project by fairly and reasonably apportioning the costs thereof among specially benefitted property. [Remainder of page intentionally left blank] 6 ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED PROJECT COST. (A) The estimated maximum Assessed Cost of the Project is$678,045. (B) Unless determined otherwise by subsequent resolution of the Board, the Assessed Cost will be collected, together with Collection Costs, pursuant to the Uniform Assessment Collection Act in not more than fifteen (15) annual installments. (C) The Assessment rates established in this Initial Assessment Resolution shall be the maximum rates applied by the Assessment Coordinator in the preparation of the preliminary Assessment Roll as provided in Section 2.02(A) of this Initial Assessment Resolution. SECTION 2.02. AUTHORITY AND DIRECTION. The Assessment Coordinator and other members of County staff are hereby authorized and directed to take such actions as maybe necessary or desirable in furtherance of the Project, including but not limited to the following: (A) Prepare,or cause to be prepared,a preliminary Assessment Roll for the Fiscal Year commencing October 1, 2020, in the manner provided in Section 40-100(c) of the Assessment Ordinance. The Assessment Roll shall include all Parcels within the Mura MSBU. The Assessment Coordinator shall apportion the estimated Assessed Cost to be funded through Assessments in the manner set forth in this Initial Assessment Resolution. 7 A copy of this Initial Assessment Resolution and the preliminary Assessment Roll shall be maintained on file in the office of the Assessment Coordinator and 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 Assessment for each parcel of property can be determined by the use of a computer terminal or internet access available to the public. (B) Finalize plans and specifications necessary for construction of the Project. (C) Prepare such additional resolutions as may be required under the Assessment Ordinance in order to impose and collect Assessments and to provide for financing of the Project through the issuance of Obligations secured by such Assessments. (D) Prepare such agreements by and between the Board and the St.Lucie County Tax Collector and the St. Lucie County Property Appraiser as may be required by the Uniform Assessment Collection Act. (E) Implement procurement processes pertaining to construction of the Project and issuance of Obligations to finance the Project to be paid through Assessments. (F) Mail and publish any notices required by the Assessment Ordinance, including mailed and published notice of the public hearing established by Section 2.03 hereof. (G) Take such other action as may be required by the Assessment Ordinance. 8 SECTION 2.03. PUBLIC HEARING. There is hereby established a public hearing to be held at 6:00 p.m. on September 1, 2020 in Commission Chambers, 2300 Virginia Avenue,Fort Pierce Florida, at which time the Board will receive and consider any comments on the Assessments from the public and affected property owners and consider imposing the Assessments and authorizing collection pursuant to the Uniform Assessment Collection Act. At the conclusion of the public hearing,the Board will consider adoption of a Final Assessment Resolution in accordance with Section 40.99(f) of the Assessment Ordinance. [Remainder of page intentionally left blank.] 9 ARTICLE III ASSESSMENTS SECTION 3.01. MURA MSBU; PROJECT DESCRIPTION. The proposed Mura MSBU is described in Appendix A attached hereto. The Project entails the installation of approximately 3,850 linear feet of potable water mains, fire hydrants, and individual water services to benefit parcels on portions of Mura Drive, Kanner Drive, Duban Terrace, and 7th Street. SECTION 3.02. UTILITY SERVICE PROVIDER. (A) The proposed Mura MSBU is located within the utility service area of FPUA. Upon completion of the Project, FPUA will provide potable water service to the Parcels comprising the Mura MSBU. FPUA has agreed to design, permit, and utilize their unit price contractor to construct the Project and to provide construction management and inspection services at no cost to the owners of Assessed Property. FPUA has also agreed to contribute up to $160,000 towards the Project to offset the Capital Improvement Charges imposed by FPUA upon new connections to the FPUA utility system. (B) An interlocal agreement, as drafted by the County, has been approved by FPUA and the City of Ft. Pierce. This agreement establishes the duties of each party in bringing the Project to fruition and is attached.hereto as Appendix B (the "Interlocal Agreement"). 10 (C) The Board hereby approves the attached Interlocal Agreement and authorizes the Chair to execute same with such modifications, if any, as may be approved by the County Attorney, with such execution to constitute conclusive evidence of the Chair's approval and the Board's approval of any changes therein. SECTION 3.03. IMPOSITION OF ASSESSMENTS. Assessments shall be imposed against Assessed Property located within the Mura MSBU, the annual amount of which shall be computed for each Parcel in accordance with this Article III. The annual installment of the Assessment for each Fiscal Year shall constitute a lien upon Assessed Property as provided in the Assessment Ordinance. Such lien shall be equal in rank and dignity with the liens of all state, county or municipal taxes and other non-ad valorem assessments, and except as otherwise provided by law, shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 3.04. APPORTIONMENT METHODOLOGY. (A) The traditional methodology employed by the County for apportioning Assessments to fund potable water and fire protection improvements is based upon Equivalent Residential Connections. Such methodology, which is in widespread use throughout the state, defines a Parcel consisting of a single family dwelling unit as one(1) ERC which acts as the baseline against which all other Parcels are measured for purposes of allocating the relative benefits of the Project conveyed to each Parcel. (B) The Mura MSBU is comprised primarily of developed Parcels which serve 11 residential uses. The residential Parcels include single family dwelling units, duplexes, triplexes and other forms of multi-dwelling unit use. (C) A residential Parcel comprised of a single family dwelling unit shall be assigned one (1) ERC. Residential Parcels with multiple dwelling units shall be assigned 0.7 ERC per dwelling unit. The assignment of ERCs as set forth herein is consistent with standard utility practices of the County and FPUA including the individual metering policy described in FPUA Resolution No. U.A. 89-18. (D) The uses attributed to each Parcel, the number of dwelling units attributed to each residential Parcel, as well as each Parcel's status as developed or undeveloped,have been determined by reference to the real property database maintained by the Property Appraiser and confirmed by visual inspections conducted by County staff. (E) Owners of undeveloped Parcels which would otherwise be subject to multiple ERCs were given the opportunity to enter into a "Restrictive Covenant Agreement," thereby restricting future development of their property to some lower density resulting in a lower number of ERCs being assigned to their property. Undeveloped Parcels which are not subject to a Restrictive Covenant Agreement shall be assigned 1 ERC. (F) The final number of ERCs assigned to each Parcel is based on the maximum ERCs estimated for the Parcel unless the owner reserved a different number of ERCs in an executed Restrictive Covenant Agreement. 12 (G) After affording owners of undeveloped Parcels an opportunity to enter into Restrictive Covenant Agreements, there are eighty-three (83) Parcels comprising an estimated 95.5 ERCs within the Mura MSBU. (H) The estimated maximum Assessment amount per ERC is $7,099.95. The estimated annual assessment amount per ERC is$684.03 which includes a pro rata share of Collection Costs.The annual installments are computed to be sufficient to pay the annual debt service on the special assessment bonds or other Obligations issued to finance construction of the Project and/or any interfund loan provided by the County to finance construction of the Project. (I) If any Parcel in the Mura MSBU is developed in the future with more ERCs than attributed hereunder(or through an executed Restrictive Covenant Agreement)and, assuming capacity for the development is available, the owners of such Parcel shall be required to pay any applicable impact fees, connection fees and Assessments calculated as set forth herein. Issuance of a building permit for that Parcel may be premised upon payment in full of any such additional costs; provided, however, that in the case of Assessments,the County may in its sole discretion allow for collection thereof in a series of annual installments. The proceeds of such Assessments shall be used to repay the Obligations incurred by the County to finance construction of the Project. (J) The Board hereby finds and determines that the apportionment methodology approved herein provides an equitable method of funding the Project by fairly and 13 reasonably allocating the costs associated with the Project among specially benefited property. SECTION 3.05. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the County from the Assessments shall be utilized solely to pay for costs associated with the Project which may include repayment of Obligations issued for the purpose of financing the Assessed Cost. SECTION 3.06. COLLECTION OF ASSESSMENTS. Assessments shall be collected, together with Collection Costs,pursuant to the Uniform Assessment Collection Act unless otherwise determined by subsequent resolution of the Board. [Remainder of page intentionally left blank] 14 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4.02. SEVERABILITY. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. [Remainder of page intentionally left blank] 15 SECTION 4.03. EFFECTIVE DATE. This Initial Assessment Resolution shall take effect immediately upon its passage and adoption. AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Chair Cathy Townsend AYE Vise Chair Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 7th day of July, 2020. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: De uty Clerk Chair Jx4Y COMA' ,► z APPROVED AS TO FORM AND ri CORRE NESS: * cb 1/4.1Y rove County Attorney 16 APPENDIX A DESCRIPTION OF MURA MUNICIPAL SERVICES BENEFIT UNIT A parcel of land lying within Section 27, Township 35 South, Range 40 East, St. Lucie County,Florida and also being a part of Silver Lake Park Addition as recorded in Platbook 10 Page 8 of the public records of St. Lucie County, Florida being more fully described as follows: Lots 1 and 3 thru 14, Block 11 - all of Block 12 - Lots 3 thru 14, Block 13 - Lots 5 thru 9, Block 14-Lot 32,Block 6-Lots 1,2,31 and 32,Block 7-Lots 1 and 7 and 17 and 18 thru 32 Block 8 -The east 41.37 feet of Lot 6, Block 8 -Lots 1 thru 15 and 18 thru 32 Block 9 and Lots 1 thru 14, Block 10: LESS AND EXCEPT THE FOLLOWING: That part of Lots7 and 18, Block 8 being more fully described as follows: Begin at the Southeast comer of Lot 17, Block 8, Silver Lake Park Addition, as recorded in Plat Book 10, Page 8, of the Public Records of St. Lucie County, Florida; thence run West, along the South line of said Lot 17, a distance of 125 feet to the Southwest comer of said Lot 17; thence run Northerly along the West line of Lots 17 and 18,Block 8, a distance of 96.00 feet; thence run Easterly, parallel with the North line of said Lot 18,a distance of95.35 feet;thence run Northeasterly a distance of29.84 feet to a point 100 feet Northerly of the Point of Beginning, said point being on the West right-of-way of Mura Drive;thence run Southerly along the East line of said Lots 17 and 18, a distance of 100 feet to the Point of Beginning. 25048/029/01179465.DOCv3 A-1 APPENDIX B Interlocal Agreement 25048/029/01179465.DOCv3 B-1