HomeMy WebLinkAbout21-369 Mig
RESOLUTION NO. 2021-369 0$A 72 F
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A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY n o
COMMISSIONERS RELATING TO THE IMPOSITION AND COLLECTIONNo
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OF SPECIAL ASSESSMENTS TO FUND STORMWATER CULVERT m
IMPROVEMENTS WITHIN THE CULVERT 2021-02 MUNICIPAL SERVICE N W
En.) 73
A A
BENEFIT UNIT; DETERMINING THAT REAL PROPERTY THEREIN WILL
BE SPECIALLY BENEFITED BY THE IMPROVEMENTS; ESTABLISHING m
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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 °
73
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 Chapter 40,Article
VIII of the County Code of Ordinances (the "Assessment Ordinance"), sections 125.66, 197.3632,
and 197.3635 of the Florida Statutes, and other applicable provisions of law, and Resolution No.
2021-351 adopted by the Board on September 21, 2021 (the "Initial Assessment Resolution").
SECTION 2. DEFINITIONS. This Resolution is the Final Assessment
Resolution within the meaning of the Assessment Ordinance. Capitalized terms not otherwise
defined in this Resolution shall have the meanings set forth in the Assessment Ordinance and the
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
1
ratified, confirmed,and incorporated as if set forth fully herein.
(B) On September 21, 2021, the Board adopted the Initial Assessment Resolution
which described the proposed Culvert 2021-02 MSBU and the imposition of Culvert Assessments
comprising the Project, provided for the funding thereof through Assessments and the method
of apportioning the Assessments among the real property comprising the Culvert 2021-02 MSBU,
established a public hearing to consider imposition of the Assessments, and directed preparation
of the preliminary Assessment Roll.
(C) Pursuant to Section 40-268 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 Assessment
Coordinator 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 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
2
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.
(B) Any and all prior actions of the Board associated with creation of the Culvert 2021-
02 MSBU and the imposition of Assessments therein to fund the Project are hereby approved,
ratified and confirmed in their entirety.
SECTION 5. ESTABLISHMENT OF CULVERT 2021-02 MSBU. The Culvert
2021-02 MSBU,the description of which is set forth in the Initial Assessment Resolution,is hereby
established.
SECTION 6. ASSESSMENTS.
(A) Participation in the culvert improvement program established by the Assessment
Ordinance is voluntary, with the Culvert Assessments imposed solely upon the request of and at
the option of eligible property owners who have entered into Financing agreements with the
County.
(B) The Culvert Assessment imposed against the Assessed Parcel(s) comprising the
Culvert 2021-02 MSBU is based upon the actual cost of the Culvert Improvements proposed for
3
the respective Parcels, together with an amount not to exceed 5% of the Culvert Assessment to
cover overhead expenses including but not limited to recording fees, credit reports and title
searches. The total amount of the Culvert Assessment is set forth in the Financing Agreement for
each Parcel and agreed upon by the Property Owner(s). Such method of calculating the Culvert
Assessment for Assessed Parcels is therefore a fair and reasonable method for apportioning the
costs of the Culvert Improvements and the special benefit conveyed thereby among Assessed
Parcels which bears a reasonable relationship to the cost of providing the improvements.
(C) 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 Assessment Coordinator and incorporated herein by 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) The owner(s) of Assessed Parcels may prepay the Culvert Assessment in full at
any time by paying the principal amount owing on the Culvert Assessment, and accrued interest
through the prepayment date,less a credit for the principal and interest component of any annual
installment not yet paid but certified for collection pursuant to the Uniform Assessment
4
Collection Act. 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 ten (10)
annual installments pursuant to the provisions of the Initial Assessment Resolution and Uniform
Assessment Collection Act. 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.
(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]
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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:
Chris Dzadovsky, Chair AYE
Sean Mitchell, Vice Chair AYE
Linda Bartz, Commissioner AYE
Frannie Hutchinson, Commissioner ABSENT
Cathy Townsend, Commissioner AYE
PASSED AND DULY ADOPTED this 19th day of October,2021.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
Aatika 1\k-AtiZV COMA go _S
Deputy Clerk O it Chair
,.„ „ m
* tsr•
fro i ?; ti APPROVED AS TO FORM AND
goo Ty `Lupo' CORRECTNESS:
County Attorney
6
APPENDIX A
PROOF OF PUBLICATION
A-1
Treasure Coast Nepapers
PART OF THE USA TODAY NETWORK
St. Lucie News-Tribune
1939 SE Federal Highway, Stuart, FL 34994
AFFIDAVIT OF PUBLICATION
ST LUCIE CO PLANNING AND DEVELOPMENT LEGALS
2300 VIRGINIA AVE
FORT PIERCE,FL 34982
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.
9/28/2021
Subscribed and sworn to before on the 28th day of September.2021
Notary,State o ounty f rown
My commissi ex res: .15(1
Publication Cost:$315.00
Ad No:GC10738217
Customer No: 361844 NANCY HEYRMAN
PUN: PUBLIC NOTICE Notary Public
State of Wisconsin
NOTICE OF HEARING TO
IMPOSE AND PROVIDE
FOR COLLECTION OF
STORMWATER CULVERT
SPECIAL ASSESSMENTS
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WE
Notice is hereby given that the Board of County
Commissioners of St. Lucie County, Florida(the "Board")
will conduct a public hearing to consider any comments
on creation of the Culvert 2021-02 MSBU depicted
above and the imposition of special assessment therein
to fund stormwater culvert improvements (the "Culvert
Assessments"), and to authorize collection of Culvert
Assessments in not more than ten(10)annual installments
on the property tax bill mailed by the St. Lucie County
Tax Collector each November, commencing in November
2022. Participation in the culvert improvement program is
voluntary, and the Culvert Assessments are imposed only
upon the request of eligible property owners who have
entered into financing agreements with the County.
The hearing will be held in the County Commission
Chambers at 9:00 a.m. on October 19, 2021, or as soon
thereafter as the matter may be heard in the St. Lucie
County Commission Chambers, 2300 Virginia Avenue,
Fort Pierce, Florida, for the purpose of receiving public
comment on the creation of the Culvert 2021- 02 MSBU
and the imposition of Culvert Assessments therein. All
affected property owners have a right to appear at the
hearing and to file written objections with the Board within
20 days of this notice. If a person decides to appeal any
decision made by the Board with respect to any matter
considered at the hearing, such person will need a record
of the proceedings and may need to ensure that a verbatim
record is made, including the testimony and evidence
upon which the appeal is to be made. In accordance with
the Americans with Disabilities Act, persons needing a
special accommodation or an interpreter to participate in
this proceeding should contact George Landry,Safety and
Risk Manager at(772)462-1546 or TDD(772)462-1428,at
least seven days prior to the date of the hearing.
Copies of the County ordinance establishing the
Culvert Assessment program (Ordinance No. 21-004),
together with any related resolutions and the assessment
roll showing the amount of the Culvert Assessments to be
imposed against each parcel of property are available for
inspection at the office of the County MSBU Coordinator
located on the Second Floor of the Administration Annex
at 2300 Virginia Avenue, Fort Pierce, Florida.
If you have any questions, please contact the County
MSBU Coordinator at (772) 462-2568, Monday through
Friday between 8:00 a.m. and 5:00 p.m.
To he published on or before 9/28/2021. oc,,,,..„
s: TCPALM,COM I tleiSOAY•SEPTEMBEn}8.3071 I SA
NOTICE OF HEARING TO
IMPOSE AND PROVIDE
,� FOR COLLECTION OF
STORMWATER CULVERT
1. a" '� SPECIAL ASSESSMENTS
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f I F ; ye-.-} _ Notice is hr,eby given that he Beard of County
J, / , Co mmosaeets of St.Were Cyr IM`Bosd 1
yy �l } • on co+dixf a mean hearing IO consider any comments
"r1;`j,,..,! rT S,,fa, ',(,+ minion of the Cannel 202t•03 AeSBLI depicted
donee and Our impose.'Of special aS r,n,n Man
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to hmd annewate,culled met...nnw Ulm Glee..
Construction crews work on brid Assessments,.end to+Simi[*collection al Culver bridge operations for the new Brightline railroad track on Aug.)along Awe:ure•c%re not RICO Mn fenlnpywsl instal/omens
So,rlheast Diem Highway between Hobe Sound and Pert Salerno In Maten County.Pail work tonlmnu. on the[Oddly lax WI maid ny lhr SI I One County
across the Traasurt Coast.with Brightl,ne*epee 11rrg to complete its St 7 blllinn onsenger byway Tar Collector each November.'cornmercir.g in NovemM
torr�dor by late 1011.,ta.,voss/ttrat+r 1012 Parlkpalicn r Ire tu1Tt rnpe0Nemen:pogrom n
w,kauwv and Ile Outten A•Kaunents err,merited writ
• • upon M regunr ul elgb4 erw,atfy owner..whir brae
Brightlxne wend ism heathy
agree-ems me
Nb Ineount County
construction The hrarro wa In new Ihr County Cot es so .
Chambers N q:110 a In n October Ig.101,was son
ilea-sealCounty
as the mane may re.'tad It Inc Si Lucie
to cause detoursFut Pi Pierce
Panda. I am
13Tt1 e ptie pubic
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M***aide a1 the��..,;ngt-01 tRBtl
Ord the papery
O of Culvert Asse miners Isvem.Al
aha1N papery avMrt,free•ngM to arena,Jr Sr.
Crossrip street to reopen '20 ea,;goof a„n.,w,innarKOe1n bam-ewieme
dec aye mane by axece.Coam men memo!to ernedry
1OCaor•malty by Pre i)Oao men respect need
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of em poc Cl Me Hem mq.y„ee,pesos re neea s:mod
Olivb Melcoloo record rs madeJe and nwsrUm eerevere woel o o.tnro r
y Wraltxtowl nadir will po'moth on Indian Rhea r al are a to be 'ade In y reel nc•M c
•""" •"`N"*"s [hive to Jensen Reuel,lbulmnl,then west on Jet- the/moo., Pubf eieamAcr Persons
Hueeina ewaa
rrtasrl0a..tram.. ^norm son Stmeh Boulevard In Omen River ParkwayIer 10D rranIA.a
and special emir*loin[c sac George
bpsrttoa,am
continue north 'nit1Masag.. sMattcpmaUCtm'getndry y.r sand
p Coll In Port Si.Lucie 9nOlr)d rxla.rt den ghr; Aftou trek.driven in!tube Sound arcea,et.eJ to HitAMaragd a1 tens 01-1546a TOD d 721462.14ga or
and traffic delays trepmninr,Wednesday as(Mehl. ere'te(Re resume on one roadway. I least seven days pew to M data w the heating
litre continues construction on its;68-tulle railroad Crossrip Street win reopen 6 pm.Wednesday,ec. Copt., at the Co.rly ordnance n:[*hang M
extension(tom West Palm Beachto Orlando lntellta• cording to eripfttlirre spokesperson Katie Mlt..met. Cit..,AssMvne'r mouton fOrdwsnce Nor 1t00,2
I anal Airport. When completed,the railroad Is eapectnl In,0- mit!cqNM,wide any related f tit
o Gore n arras me ewsvnent
Parts of\Salton Road will herk,ser16a m.to 6pm rirmm,Jate lrarel between Miami and Orland,In:) unposed
agMaeachnWeullpeop ryaeeynauear be
until Oct.13 IS ti posed ngar.sl other o the al County
d ore*salable tor
hewn do air eluey It TCPRrns going up to 70 mere. *war d r t tie co nos Me Ada,SM.C mnrw.
Coady loJ Jensen
traffic will p0 south on henGreen Rmvrr rNiuf t rte Couy .Is TAnt ran
'corn
reporterotoil located or M Second Few err Nee Admnitlrasor.Nr.ea
rafkway l0 Jrrxco Bea::BoutevarA,then east on (or St torte county. You eon rtprh her of ell- m C300•/egmia Mime.Fort Perm",Fl-rich,
Jensen Beach flou'everd to Indian Pivot Drive and uinmekrturySonryrnln rot, 7ry-S2J-I380 old on N you*van,any gum-ewes.phrase nonfat,me Comer
continue north 'heater paprlum mttoduey- etSfIU Cowdwalm at fer21 462-1568.Monday IProolr
Frdry between 6.0D a m,and$00 pm
In ere poberned Once heir*greid7G.'1 ,.
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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 September 15,2022,I facilitated and directed mailed notice of a public
hearing to be held on October 19, 2021, by the St. Lucie County Board of County Commissioners
for purposes of receiving public comment on the creation of the Culvert 2021-02 MSBU and the
imposition of Culvert Assessments therein from the public and affected property owners and
consider adoption of a Final Assessment Resolution approving the Assessment Roll and directing
certification and delivery thereof to the Tax Collector. The notices were mailed in accordance
with Section 2.02(D) of Resolution No. 2021-351 and Section 40-268 of the County Code of
Ordinances, to each owner of real property located within the proposed Culvert 2021-02 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.
L.4412.1
Barbara Guettler,affiant
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing Affidavit of Mailing was acknowledged before me by means of p y ical
presence or 0 online notarization this 1 day of O dQ T, 2021, by Barbara Guettler.
She is€rsonally known)o me or has produced as identification and did take
an oath. ,
Pri ted r"yped Name: n
(SEAL) Notary Public-State of
Commission Expires:
SUSAN BELLAMY
Commission 8 GG 283031
Expires January 28,2023
• Bonded Thu Troy Edo Insurance 7019