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HomeMy WebLinkAbout21-0060 RESOLUTION NO.21-006 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE CONSTRUCTION AND FUNDING OF POTABLE WATER AND FIRE PROTECTION IMPROVEMENTS BENEFITTING REAL PROPERTY LOCATED WITHIN THE SABAL CREEK MSBU; SUPPLEMENTING COUNTY RESOLUTION NOS. 2019-111 AND 2019-169; REDUCING THE AMOUNT OF THE SPECIAL ASSESSMENT IMPOSED AGAINST THE PARCELS COMPRISING THE SABAL CREEK MSBU IN LIGHT OF LOWER THAN ESTIMATED CONSTRUCTION COSTS; AUTHORIZING PARTIAL REFUNDS FOR ASSESSMENTS WHICH WERE PREPAID IN FULL; APPROVING AND FINALIZING THE ASSESSMENT ROLL, AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Board of County Commissioners (the 'Board") is adopted pursuant to the provisions of Article IV of Chapter 40 of the County Code of Ordinances (as successor to Chapter 1- 13.6 thereof) (the "Assessment Ordinance"), sections 125.66, 197.3632, and 197.3635, Florida Statutes, and other applicable provisions of law, and County Resolution Nos. 2019-111 and 2019-169 (collectively, the "Initial Resolutions") SECTION 2. DEFINITIONS. All capitalized terms in this Resolution shall have the meanings defined in the Assessment Ordinance and the Initial Resolutions. I MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4808994 01/26/2021 10:47:54 AM OR BOOK 4543 PAGE 1295 - 1299 Doc Type: RESO RECORDING: $44.00 SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Initial Resolutions described the potable water and fire protection improvements comprising the Project, provided for the funding thereof through Assessments and the method of assessing the cost of such improvements against the real property located within the Sabal Creek MSBU benefited by the Project, and approved the preliminary Assessment Roll. (B) The amount of the Assessments imposed against Assessed Property was based on construction cost estimates developed at the time the Initial Resolutions were adopted. (C) Construction of the Project is now complete and the actual costs associated with the Project are known. The final cost of the Project is less than the preliminary estimates used to develop the Assessments and Assessment Roll. (D) Section 5(D) of Resolution No. 2019-169 provides that the Assessment imposed against each Parcel may be reduced upon completion of the Project based upon lower than expected construction costs, and that such reduction shall be established by supplemental resolution of the Board. (E) This Resolution is adopted for purposes of reducing the Assessment imposed against the Parcels comprising the Sabal Creek MSBU to reflect the actual cost of the Project, approving and finalizing the Assessment Roll for the Project, and K authorizing a partial refund for the owners of Assessed Property who prepaid the Assessment based on the higher cost estimate. SECTION 4. ASSESSMENT REDUCTION. In light of the lower than estimated construction costs for the Project and related interest savings, the Board hereby determines as follows: (A) The total amount of the Assessment imposed against each ERC included on the Assessment Roll shall be reduced by $5,844.18, such that the annual installment of the Assessment collected from each ERC shall be reduced from $1,778.43 to $1,278.48 beginning with the installment to be collected in November, 2021 and thereafter for the remainder of the Assessment term. (B) Thirty (30) of the ERCs were prepaid in full by the owners of Assessed Property on or prior to bank financing, as authorized by Section 7 of Resolution No. 2019-169. The Assessment Coordinator is authorized to process a partial refund for the prepaid ERCs in the amount of $5,751.46 each. Such partial refund shall be paid to the current owner of the Assessed Property for which prepayment was made. (C) One (1) of the ERCs was paid off early by the owner of an Assessed Property after bank financing and prior to the 2020 tax roll. The Assessment Coordinator is authorized to process a partial refund for the early paid off assessment in the amount of $6,435.61. Such partial refund shall be paid to the current owner of the Assessed Property for which payoff was made. 3 SECTION 6. APPROVAL OF ASSESSMENT ROLL. (A) The Assessment Roll has been updated to reflect the reduced Assessments as provided for herein and is now finalized. The updated Assessment Roll, a copy of which is on file in the office of the County Engineer and incorporated herein by reference, is hereby approved. The Assessment Coordinator is authorized and directed to certify the updated Assessment Roll to the Tax Collector for collection pursuant to the Uniform Assessment Collection Act, and to take such actions as may be necessary or desirable in furtherance thereof. (B) The updated Assessment Roll shall be retained by the Assessment Coordinator and shall be available for public inspection. SECTION 7. RATIFICATION AND CONFIRMATION OF INITIAL RESOLUTION AND PRIOR ACTIONS. (A) As supplemented herein, the Initial Resolutions are hereby ratified and confirmed. (B) Any and all prior actions of the Board and County staff associated with the imposition of Assessments to fund the Project are hereby approved, ratified and confirmed in their entirety. [Remainder of Page Intentionally Left Blank] 4 SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. follows: AFTER MOTION AND SECOND, the vote on this Resolution was as 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 191hDay of January, 2021 ATTEST: D&puty Clerk / C1 CO " z m c°°Nrr, F�o�`O� BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 5 �- P Vice -Chair APPROVED AS TO FORM AND CORRECTNESS: n County