Loading...
HomeMy WebLinkAbout20-145RESOLUTION NO. 20-145 A RESOLUTION OF THE ST. LUCIE COUNTY SUSTAINABILITY DISTRICT APPROVING THE DISTRICT'S FISCAL YEAR 2020-21 NON -AD VALOREM ASSESSMENT ROLL; DIRECTING CERTIFICATION OF THE ASSESSMENT ROLL TO THE ST. LUCIE COUNTY TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE GOVERNING BOARD OF THE ST. LUCIE COUNTY SUSTAINABILITY DISTRICT AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Sustainability District (the "District") is adopted pursuant to the provisions of Article VI of Chapter 40 of the Code of Ordinances (the "Ordinance") of St. Lucie County, Florida (the "County"), Chapter 189, Florida Statutes, Sections 163.08 and 197.3632, Florida Statutes, and other applicable provisions of law (collectively, the "Act"). SECTION 2. DEFINITIONS. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Ordinance or the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as follows: (A) The County enacted the Ordinance in order to create the District and establish the Energy Financing Program which offers qualified owners of real property an opportunity to acquire and finance certain facilities and improvements, including energy efficiency, conservation and sustainability improvements, as authorized by the Act (the "Qualifying Improvements"). (B) The District is authorized by the Act and the Ordinance to impose special assessments, sometimes referred to as non -ad valorem assessments, upon real property within the District to provide for the funding of Qualifying Improvements. (C) The special assessments are imposed by the District pursuant to financing agreements entered into with the owners of real property who voluntarily apply for, and who are approved for, the financing of Qualifying Improvements (the "Financing Agreements"). (D) Such Financing Agreements provide for, among other things, repayment of the costs associated with Qualifying Improvements through special assessments imposed 1 by the District upon the real property benefitted by the improvements, and collection of the assessments in annual installments pursuant to the uniform method of collecting non - ad valorem assessments set forth in Section 197.3632, Florida Statutes. (E) The District's execution of Financing Agreements, imposition of special assessments and collection of same pursuant to the uniform method are expressly authorized by Section 163.08, Florida Statutes. (F) The District adopted Resolution No. 2019-245 on October 22, 2019, expressing the District's intent to use the uniform method for collecting the non -ad valorem assessments levied within the District, commencing in November, 2020. (G) The Governing Board of the District wishes to hereby approve and certify the District's non -ad valorem assessment roll for fiscal year 2020-21 and to direct certification of such roll to the Tax Collector for collection of the special assessments in November, 2020. (H) The Assessments are imposed by the District, 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. SECTION 4. APPROVAL AND CERTIFICATION OF ASSESSMENT ROLL. (A) The District's non -ad valorem assessment roll for fiscal year 2020-2021 lists all of the properties subject to special assessments imposed by the District pursuant to Financing Agreements, and the amount of the annual installment to be collected from each for such fiscal year. Such non -ad valorem assessment roll, a copy of which is on file with the County Engineering Department and incorporated herein by reference, is hereby confirmed and approved. (B) The County's MSBU Coordinator is hereby authorized and directed to certify the foregoing assessment roll to the Tax Collector by September 15, 2020. The assessment roll as delivered to the Tax Collector shall be accompanied by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix A. SECTION 5. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affects the validity of the other provisions in this resolution. 2 SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. Passed and adopted by the St. Lucie County Sustainability District at a regular meeting duly called this 18th day of September, 2020. ATTEST: Deputy e Jq CO m .I tic Gc'�cGU TY N, F ST. LUCIE COUNTY SUSTAINABILITY DISTRICT By: cg--, Chair Approved as to Form: 3 APPENDIX A FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the St. Lucie County MSBU Coordinator and authorized agent of the St. Lucie County Sustainability District (the "District") located in St. Lucie County, Florida; as such I have satisfied myself that all property included or includable on the non -ad valorem assessment roll for the District (the "Non -Ad Valorem Assessment Roll") is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2020. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this day of September 2020. ST. LUCIE COUNTY SUSTAINABILITY DISTRICT 13 Barbara Guettler, MSBU Coordinator