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HomeMy WebLinkAbout21-038 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 4# 4830877 03/12/2021 11:54:58 AM OR BOOK 4570 PAGE 698-711 Doc Type:RESO RECORDING: $120.50 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RAINBOW DRIVE 2 MUNICIPAL SERVICE BENEFIT UNIT FINAL ASSESSMENT RESOLUTION ADOPTED March 2, 2021 TABLE OF CONTENTS FINAL ASSESSMENT RESOLUTION FOR RAINBOW DRIVE 2 MSBU Page SECTION 1. AUTHORITY 1 SECTION 2. DEFINITIONS 1 SECTION 3. FINDINGS 2 SECTION 4. RATIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS 3 SECTION 5. ESTABLISHMENT OF RAINBOW DRIVE 2 MSBU 4 SECTION 6. ASSESSMENTS 4 SECTION 7. APPROVAL OF ASSESSMENT ROLL 5 SECTION 8. COLLECTION OF ASSESSMENTS 5 SECTION 9. EFFECT OF FINAL ASSESSMENT RESOLUTION 6 SECTION 10. EFFECTIVE DATE 7 APPENDIX A PROOF OF PUBLICATION APPENDIX B AFFIDAVIT OF MAILING Final Assessment Resolution Rainbow Drive 2 MSBU RESOLUTION NO. 2021-38 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND WASTEWATER IMPROVEMENTS BENEFITTING REAL PROPERTY LOCATED WITHIN THE RAINBOW DRIVE 2 MUNICIPAL SERVICE BENEFIT UNIT; DETERMINING THAT REAL PROPERTY THEREIN WILL BE SPECIALLY BENEFITED BY THE IMPROVEMENTS; ESTABLISHING THE METHOD OF ASSESSING THE COSTS OF THE IMPROVEMENTS AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS; RATIFYING AND CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; APPROVING THE ASSESSMENT ROLL; IMPOSING ASSESSMENTS UPON ALL TAX PARCELS DESCRIBED IN THE ASSESSMENT ROLL; PROVIDING THE METHOD OF COLLECTION; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF 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 (the "Assessment Ordinance"), sections 125.66, 197.3632, and 197.3635, Florida Statutes and other applicable provisions of law, and Resolution No. 2021-18 adopted by the Board on February 2, 2021 (the "Initial Assessment Resolution"). SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution for the Rainbow Drive 2 MSBU. Capitalized terms not otherwise defined in this Resolution shall have the meanings set forth in the Assessment Ordinance and the 1 Final Assessment Resolution Rainbow Drive 2 MSBU Initial Assessment Resolution. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The findings provided in Section 1.04 of the Initial Assessment Resolution are hereby ratified, confirmed, and incorporated as if set forth fully herein. (B) On February 2, 2021, the Board adopted the Initial Assessment Resolution which described the proposed Rainbow Drive 2 MSBU and the wastewater improvements comprising the Project, provided for the funding thereof through Assessments and the method of apportioning the Assessments among the real property comprising the Rainbow Drive 2 MSBU, established a public hearing to consider imposition of the Assessments, and directed preparation of the preliminary Assessment Roll. (C) Pursuant to Section 40-100(f) of the Assessment Ordinance, the Board is required to repeal or confirm the Initial Assessment Resolution, with such amendments as the Board deems appropriate, after hearing concerns and receiving comments or objections of interested parties. (D) The Assessment Roll has heretofore been filed at the office of the County Engineer and made available for public inspection. (E) As required by the terms of the Assessment Ordinance and the Initial Assessment Resolution, notice of a public hearing has been published and mailed to each 2 Final Assessment Resolution Rainbow Drive 2 MSBU affected property owner notifying such property owner of the opportunity to be heard. The proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The Assessments contemplated hereunder will be imposed by the Board, 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. (H) The special benefits derived from the Project, as further described in the Initial Assessment Resolution, exceed the amount of the Assessments levied and imposed hereunder. The Assessment for any Parcel subject thereto does not exceed the proportional benefits that such Parcel will receive compared to any other Parcel. (I) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Project by fairly and reasonably allocating the costs associated with the Project among specially benefited property. SECTION 4. RATIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS. (A) The Initial Assessment Resolution is hereby ratified and confirmed. 3 Final Assessment Resolution Rainbow Drive 2 MSBU (B) Any and all prior actions of the Board associated with creation of the Rainbow Drive 2 MSBU and the imposition of Assessments therein to fund the Project are hereby approved, ratified and confirmed in their entirety. SECTION 5. ESTABLISHMENT OF RAINBOW DRIVE 2 MSBU. The Rainbow Drive 2 MSBU, the description of which is set forth in the Initial Assessment Resolution, is hereby established. SECTION 6. ASSESSMENTS. (A) The Assessed Cost of the Project in the amount of $221,657 as set forth in Section 2.01 of the Initial Assessment Resolution is hereby approved. Based upon such Assessed Cost, an Assessment in the amount of $10,075.28 per ERC is hereby levied and imposed against each Parcel described in the Assessment Roll. (B) The County intends to borrow funds, which may include an interfund or intrafund loan, to finance the Assessed Cost at an estimated interest rate of 2.5% per annum. (C) Assessments which are not paid in full at the option of the owners of Assessed Property in accordance with Section 8 below shall be collected in not more than twenty (20) annual installments pursuant to the Uniform Assessment Collection Act. The maximum annual installment of the Assessment is estimated to be $647 per ERC which includes annual interest, financing costs and Collection Costs. (D) Pursuant to the reimbursement agreement between the County and the 4 Final Assessment Resolution Rainbow Drive 2 MSBU Developer approved by the County on January 19, 2021, the Rainbow Drive 2 MSBU will reimburse the Developer for the portion of the Assessed Cost attributable to the wastewater service connections necessary for serving the Rainbow Drive residents within the Rainbow Drive 2 MSBU, in an amount not to exceed $128,365.59. The Assessment Coordinator is authorized to process such reimbursement upon completion of construction of the service connections necessary to serve the Parcels subject to the Assessment. (E) The balance of the Assessed Cost shall be paid to the City for the capital improvement charges due to the City from the Parcels subject to the Assessment as a precondition of service, as provided in the Interlocal Agreement. (F) The Parcels described in the Assessment Roll are hereby found to be specially benefited by the Project in an amount which equals or exceeds the Assessments imposed hereunder. The apportionment methodology for the Assessments, as set forth in Section 3.04 of the Initial Assessment Resolution, is hereby approved. (G) The Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file in the office of the County Engineer and incorporated herein by 5 Final Assessment Resolution Rainbow Drive 2 MSBU reference, is hereby approved. A copy of the Assessment Roll shall be retained by the Assessment Coordinator and shall be available for public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each Parcel can be determined by use of a computer terminal or internet access available to the public. SECTION 8. COLLECTION OF ASSESSMENTS. (A) Owners of Assessed Property may prepay the Assessment at their option and thereby avoid annual interest, financing costs and Collection Costs. The Assessment Coordinator is authorized and directed to provide mailed notices to the owners of Assessed Property describing the prepayment option and the deadline for prepayment which shall be no later than April 30, 2021. Parcels for which the Assessment has been paid in full shall be removed from the Assessment Roll prior to its certification to the Tax Collector. (B) Assessments which are not prepaid shall be collected in not more than twenty (20) annual installments pursuant to the provisions of the Initial Assessment Resolution and Uniform Assessment Collection Act, commencing in November 2021. Upon conclusion of the prepayment deadline established above, the Assessment Coordinator is authorized to cause the certification and delivery of the Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. 6 Final Assessment Resolution Rainbow Drive 2 MSBU (C) The principal balance of the Assessment shall not be accelerated upon sale or conveyance of Assessed Property but may be paid in full at any time at the option of the owner thereof. SECTION 9. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution including, but not limited to, the method by which the Assessments are computed and apportioned, the Assessment Roll, and the rate of Assessment unless proper steps are initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of the Board's adoption of this Final Assessment Resolution. [Remainder of Page Intentionally Left Blank] 7 Final Assessment Resolution Rainbow Drive 2 MSBU SECTION 10. EFFECTIVE DATE. This Final Assessment Resolution shall take effect immediately upon its passage and adoption. 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 2nd day of March, 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: -4 JA Skta\ z Deputy Clerk �CO�0's Chair O m APPROVED AS TO FORM AND r6 ti CORRE ESS: cOVNTY.Ft0O County Attorn 8 Final Assessment Resolution Rainbow Drive 2 MSBU APPENDIX A PROOF OF PUBLICATION A-1 Treasure Coast Newspapers PART OF THE USA TODAY NETWORK St. Lucie News-Tribune 1939 SE Federal Highway, Stuart, FL 34994 AFFIDAVIT OF PUBLICATION ST LUCIE COUNTY PLANNIND AND DEV LEGALS 2300 VIRGINIA AVE FORT PIERCE, FL 34982 ATTN CATHY ALDHIZER STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he is a legal clerk Manager 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. 2/10/2021 Subscribed and sworn to before on the 10'"of February,2021 ay,..elk rx_.-L. Notary,State of WI,County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires: August 6,2021 Publication Cost:$189.00 Ad No:GCI0585623 Customer No:361844 PO#:PUBLIC NOTICE NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM SPECIAL ASSESSMENTS Rainbow Drive 2 MSBU Waste Water-PSLU • Notice is hereby given that the Board of County Commissioners(the"Board")of St.Lucie County,Florida will conduct a public hearing to consider adoption of a Final Assessment Resolution related to the imposition of special assessments,sometimes referred to as non-ad valorem assessments,to fund wastewater improvements within the proposed Rainbow Drive 2 Municipal Services Benefit Unit(the"MSBU"). The final assessment resolution will provide for the imposition of special assessments against property located within the MSBU and collection of the assessments by the St.Lucie County Tax Collector as set forth in section 10-103 of the St.Lucie County Code of Ordinances.The hearing will be held on Tuesday,February 2,2021,at 6:00 p.m.,or as soon thereafter as the matters may be heard,in the St.Lode County Commission Chambers,2300 Virginia Avenue,Fort Pierce,Florida. The public will be able to physically attend this meeting,but seating in the Chambers will be regulated to comply with social distancing protocols.Members of the public who do attend are required to wear masks or similar devices which cover the nose and mouth,pursuant to Emergency Order 20-044,unless they are covered by an exemption. If you chose to physically attend this meeting, please enter through the north entrance of the Roger Poitras Annex and proceed to the County Commission Chambers located on the third floor.The Public is encouraged to watch the County meetings remotely while practicing Social Distancing.The Public will be able to submit questions and comments electronically by visiting the following link online https://stiuciecountv.formstack.com/forms/public comment form. Comments pertaining to a public hearing or agenda items must be received by noon on the day prior to the meeting.Comments will be distributed to the Board in advance of the meeting and included in the record provided the comments comply with the County's rules.All comments must be received by noon on the day prior to the meeting. Viewers may watch St.Lucie County TV by tuning into AT&T U-Verse Channel 99 and Comcast Channel 28.St.Lucie County is committed to promoting transparency and engaging the public in all crucial County decisions.County TV programming, including Board meetings,may be streamed live free online at https://www.sducieco. gov/de oartments-services/a-z/board-of-counts-comm issioners/meetinaoortal-saat<, www.facebook.comJsducieco.aov or www.sduciecogov. Both Live Streaming and Video on Demand may be accessed from computers,laptops,or mobile devices(e.g. iPad,smartphone,or tablet). The assessment will be based upon assigning one(1)Equivalent Residential Connection for each single family dwelling unit or subdivided residential building lot capable of development with a single family dwelling,regardless of the size of the dwelling unit or lot.The assessments will be collected in accordance with Section 197.3632,Florida Statutes,which authorizes collection of non-ad valorem assessments by the St.Lucie County Tax Collector on the annual property lax bill. Collection is anticipated to commence in November,2021 and annual installments will continue each year for a period not to exceed twenty 120)years,or until the amount of the assessment is paid in full.A more specific description of the MSBU Project and the method of computing the assessment for each parcel of property are set forth in Resolution No.2021-18(the initial Assessment Resolution")which was approved by the Board on February 2,2021.A draft of the Final Assessment Resolution and the preliminary assessment roll are available for inspection at the office of the County Engineer,2300 Virginia Avenue,Fort Pierce,Florida.If you have any questions, please contact Barbara Guettler of the St. Lucie County Engineering Division at 1772)462-3500. ANY PERSON WISHING TO ENSURE THAT AN ADEQUATE RECORD OF THE PROCEEDINGS IS MAINTAINED FOR APPELLATE PURPOSES IS ADVISED TO MAKE THE NECESSARY ARRANGEMENTS FOR RECORDING AT HIS OR HER OWN EXPENSE.PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE ST.LUCIE COUNTY CLERK AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. To be published on or before February 10.2021. rR-G00565623,1 • Final Assessment Resolution Rainbow Drive 2 MSBU APPENDIX B AFFIDAVIT OF MAILING BEFORE ME,personally appeared the undersigned affiant, who after being duly sworn depose and say: (1) I am MSBU Project Manager for the Engineering Division of St. Lucie County, Florida. (2) On or before February 9, 2021, I facilitated and directed mailed notice of a public hearing to be held on March 2,2021,by the St.Lucie County Board of County Commissioners for purposes of receiving public comment on the imposition of special assessments (the "Assessments") within the Rainbow Drive 2 Municipal Service Benefit Unit ("MSBU") to fund wastewater improvements. The notices were mailed in accordance with Section 2.02(F) of Resolution No. 2021-18 and Section 40-100(e) of the County Code of Ordinances, to each owner of real property located within the Rainbow Drive 2 MSBU subject to the Assessments at the addresses shown on the real property tax roll database maintained by the St. Lucie County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. FURTHER AFFIANT SAYETH NAUGHT. ' Barbara Guettler, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing Affidavit of Mailing was acknowledged before me by means of❑physical presence or 0 online notarization this 3rd day of March, 2021, by Barbara Guettler. She is personally known to me or has produced as identifica 'on and did take an oath. rinted/Typed Name:5uS.1r /•aSCnr1t N it (SEAL) Notary Public-State of jo/ei t a. Commission Expires: ,!1 Zo L3 r iu SUSAN A.COSENTINO Notary ic CommissPublion xState GG 322063ofFlorida ot' My Comm.Expires Aug 1.2023 Bonded through Natioral Notary Assn. B-1