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Home My WebLink About20-277 RESOLUTION NO. 2020-277 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 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 6 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, 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 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 Chris Dzadovsky AYE Vice Chair Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 15th day of December, 2020. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA /Deputy By: CI� hair ox-ci co,y4i Z APPROVED AS TO FORM AND ;i CORRECT :SS: i. .4%. rs `/1 /1/ 4, County A orn y Page 3 of 6 EXHIBIT A PROOF OF PUBLICATION Page 4 of 6 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 a d sworn to before on December 15,2020: .5 a.Lct_1'vt.(n 4 I t3c.-J Notary,State of WI,County of Brown TARA MONDLOCH i Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost:$771.84 Ad No:0004462587 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 HEARINGS The Board of County Commis- sioners of St. Lucie County, Florida (the `Board") hereby provides notice, pursuant to Section 197.3632, Florida Stat- utes, of its intent to use the uniform method of collecting non-ad valorem assessments to be levied within certain proposed or established spe- cial assessment districts ("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 renounshrnent improvements and"services, commencing fn November 2021. A list of the proposed or established SADs appears below. The Board will consider the adoption of resolutions stating its intent to use the uniform method of collecting such assessments as authorized by Section 197.3632, Florida Statutes, at public hearings on December 15,20 at 9.-00 a.m.in the Com- mission Chambers. 2300 Virginia Avenue, Fort Pierce, Florida. Such resolutions will state the need for the levy and will contain a legal de- scription of the real property subject to the levy. Copies of the proposed form of resole- tion,including a legal descrip- tion of the real property sub- ject to the levy,are on file at the Office of the County At- torney located at 2300 Virginia Avenue, Fort Pierce Florida 34982. All interested persons are invited to attend the October 22nd public hear- ing. 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- tions at the above-referenced public hearings, a record of the proceeding may be need- ed 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. SADs: 1. Canoe Creek MSBU- proposed - potable water/fire protection 2. Culvert MSBU-pro- posed-culvert replacement 3. Hatcher MSBU-pro- posed - potable water/fire protection 4. Lakewood Park 2 MSBU - proposed - potable water/fire protection 5. Lakewood Park Drainage - proposed - storm water drainage improvements 6. North Hutchinson Island MSBU-wastewater 7. Property Clean-Up SAD-created-Remedy Code Violations 8. Rainbow Drive 1 MSBU - proposed - potable water/fire protection 9. Rainbow Drive 2 MSBU - proposed -wastewa- ter 10. Rose Ln MSBU-pro- nosed - nntahle water/fire protection 11. Saint James MSBU - proposed-potable water 12. Taylor Creek MSBU -proposed-dredging 13. Towns Villages and Countryside MSBU - proposed - infrastructure retated to paving, drainage, water, sew- er,sidewalks,and street lights 14. Treasure Coast Air Park - proposed - water/fire protection 15. Yates Road MSBU - proposed - potable water/fire protection 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,Del 1,8, 2020 TCN4462587 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, FLORIDA; 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 '/4 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 IA OF THE SE 1/4 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 1/2 OF THE SE 1/4 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 G:\ENG\MSBU\WORD\NOI's\NOI 2009\RESOLUTIONS\Rainbow Drive 1.doc Page 6 of 6