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HomeMy WebLinkAbout20-269 RESOLUTION NO. 2020-269 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE ST. LUCIE COUNTY SUSTAINABILITY DISTRICT STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE ENERGY SPECIAL ASSESSMENT DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, St. Lucie County, Florida (the "County") created the St. Lucie County Sustainability District (the "District") for purposes of offering an energy financing program throughout the County pursuant to which the District may impose non-ad valorem assessments against real property, with the consent of the owners of such property, to finance the acquisition and construction of energy conservation, energy efficiency, renewable energy, wind resistance and sustainability improvements (the "Improvements"); and WHEREAS, the Board of Commissioners of the District (the "Board"), as the governing body of the District, intends to use the uniform method for collecting such non-ad valorem special assessments to fund the cost of the Improvements as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2021, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 15, 2020, 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 Commissioners of the St. Lucie County Sustainability District, Florida, as follows: Section 1: Commencing with the 2021-2022 Fiscal Year and with the ad valorem tax bills issued in November 2021, 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 within the District to fund the cost of the Improvements. A description of the boundaries of the real property within the District and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non-ad valorem assessments levied by the District are annual assessments which will continue from year to year until discontinued by the District. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Improvements. 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, 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 Sean Mitchell AYE Commissioner Chris Dzadovsky AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 15th day of December, 2020 ATTEST: ST. LUCIE COUNTY SUSTAINABILITY DISTRICT &� eputy erl (Chair s * � z APPROVED AS TO FORM AND , CORRE NESS: * cA4141-Y FtOC)t- County At orney Page 3 of 5 EXHIBIT A PROOF OF PUBLICATION Page 4 of 5 Treasure Coast Newspapers PART OF THE USA TODAY NETWORK St Lucie News Tribune 1801 U.S. 1,Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION ST LUCIE COUNTY PLAN NING&DEV 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 St Lucie News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was published in the St Lucie News Tribune in the following issues below. Affiant further says that the said St Lucie News Tribune is a newspaper published in Fort Pierce in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie 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 St Lucie News Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 11/17/2020,11/24/2020,12/01/2020,12/08/2020 Subscribed and sworn to before on December 15,2020: J al-GL r� Uyl CUM Notary,State of WI,County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost:$512.55 Ad No:0004462600 Customer No:1375720 PO#: #of Affidavits: 1 NOTICE OF INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS AND NOTICE OF PUBLIC HEARING The Board of County Commis- sioners (the "Board") of St. Lucie County, Florida (the "County"), acting ex officio as the governing body of the St. Lucie County Sustainability District, hereby provides no- Eke, pursuant to Section 197.3632. Florida Statuutes, of its intent to use the uniform method of collecting non-ad valorem assessments com- mencing in November, 2021, for assessments levied within the County to fund the cost of providing certain energy effi- ciency, renewable energy and sustainability improvements. Such non-ad valorem asses- ments may be imposed only at the request of, and with the consent of, affected property owners in accordance with Ar- ticle VI of the County Code of Ordinances and Section 163.08, Florida Statutes. The Board will consider the adop- tion of a resolution stating its intent to use the uniform method of collecting such as- sessments as authorized by Section 1973632, Florida Stat- utes, at a public hearing on December 15, 2020 at 9:00 a.m. or as soon thereafter may be heard, in the Commis- sion Chambers, 2300 Virginia Avenue, Fort Pierce, Florida. Such resolution will state the need for the levy and will con- tain a legal description of the real property subject to the levy. A Copy of the proposed form of resolution, including a legal description of the real property subject to the levy,is on file at the Office of the County Attorney located at 2300 Virginia Avenue, Fort Pierce, Florida 34982. All in- terested persons are invited to attend the October 22nd pub- lic hearing. In the event any person de- cides to appeal any decision by the Board with respect to any matter relating to the consideration of the resolu- tion at the above-referenced public hearing,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. DATED this 17th Day of No- vember,2020. By Order of the.Clerk of the Board of County Commission- ers of St.Lucie County,Florida Publish: Nov. 17, 24, Dec. 1,8, 2020 TCN4462600 EXHIBIT B DESCRIPTION: ST. LUCIE COUNTY SUSTAINABILITY DISTRICT The boundaries of the St. Lucie County Sustainability District are coterminous with the boundaries of St. Lucie County which are described as follows: Beginning on the eastern boundary of the State of Florida at a point where the north section line of section thirteen, township thirty-seven south, range forty-one east, produced easterly, would intersect the same; thence westerly on the north line of said section and other sections to the northwest corner of section eighteen, township thirty-seven south, range forty-one east; thence south on the range line between ranges forty and forty-one east, to the township line between townships thirty-seven and thirty-eight south; thence west on the said township line to the range line dividing ranges thirty-six and thirty-seven east; thence north on said range line, concurrent with the east boundary of Okeechobee County, to the northwest corner of township thirty-four south, range thirty-seven east; thence east on the township line dividing townships thirty-three and thirty-four south, to the Atlantic Ocean; thence continuing easterly to the eastern boundary of the State of Florida; thence southerly along said east boundary, including the waters of the Atlantic Ocean within the jurisdiction of the State of Florida, to the place of beginning. 12/30/2009 Page 5 of 5