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HomeMy WebLinkAbout22-007 MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 498836202N3202211:2120 AM OR BOOK 4766 PAGE 208-218 Doc Type_PESO RECORDING: $9500 RESOLUTION NO. 2022-7 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND STORMWATER CULVERT IMPROVEMENTS WITHIN THE CULVERT 2021-03 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 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. 2021-421 adopted by the Board on December 14, 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 ratified,confirmed,and incorporated as if set forth filly herein. (B) On December 14,2021, the Board adopted the Initial Assessment Resolution which described the proposed Culvert 2021-03 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 2021-03 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- 03 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 2021-03 MSBU. The Culvert 2021-03 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 2021-03 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 he 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 intemst 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 he 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 he 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] 5 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: Sean Mitchell, Chair Aye Frannie Hutchinson, Vice Chair Aye Chris Dzadovsky, Commissioner Aye Linda Bartz, Commissioner Aye Cathy Townsend, Commissioner Absent PASSED AND DULY ADOPTED this 25th day of January, 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY,FLORIDA ATTEST: Al I • ,40 O,M4i Deputy Clerk �'� Chair • 0 2 \ `% �Y * APPROVED AS TO FORM AND F c°114'71, noel' CORRECT SS: County Attorney 6 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 PLANNING&DEVELOPMENT LEGALS 2300 VIRGINIA AVE FORT PIERCE,FL 34982 ATTN BARBARA GUETTLER STATE OF WSCONSIN 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. 1/3/2022 Subscribed and sworn to before on the 3rd day of January,2022 Nota , State , Cou f Brown My commis n xptres 5 -4 9 .,y3 Publication Cost: $472.50 NANCY HEYRMAN Ad No: GC10801076 Notary Public Customer No: 361844 State of WiSl:onsin PO#: PUBLIC NOTICE NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF STORMWATER CULVERT SPECIAL ASSESSMENTS -- — - St.Lucie County II Florida 1 l .. .,1 a..(.. . 10 I s 11111 , ,o J � � ;‘: 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 2021-03 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 January 25,2022,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 2021-03 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 the 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. Timestamp Street 12/28/2021 12:05:17 2300 Virginia AVE Final Publication Date City 1/3/2022 Fort Pierce Ad Number State GC10801076 FL Publication ZIP Code St. Lucie News Tribune 34982-5632 Market Your Name Treasure Coast Jennifer DeWitt Delivery Method Email Address Both jldewitt@gannett.com Number of Affidavits Needed 1 Customer Email guettlerb@stlucieco.org Customer Name St Lucie County Planning & Development LEGALS Customer Phone Number (772) 462-1687 Customer Address 2300 Virginia AVE Fort Pierce, FL 34982-5632 Account Number (If Known) AP-361844 Name Barbara Guettler 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 January 25, 2022, by the St. Lucie County Board of County Commissioners for purposes of receiving public comment on the creation of the Culvert 2021-03 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. 2021-421 and Section 40-268 of the County Code of Ordinances, to each owner of real property located within the proposed Culvert 2021-03 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. 3• KA-A.04 Barbara Guettler, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing Affidavit of Mailing was acknowledged before me by means of 0 physical presence or 0 online notarization this 2S'day of c9axuafy , 2022, by Barbara Guettler. She is personally known to me or has produced as identification and did take an oath. „.,c)t.tsA•41,4•gol-e97-*/6 Printed/Typed Name:.,aaC" er (SEAL) Notary Public-State of ? 'c e,Q a> Commission Expires: •S/202.3 �►�"x� SUSAN A.COSENTINO .'�• Notary Public-State of Florida Commission n GG 322063 'orR My Comm.ExairesAug t,2023 B-1 Banded through National Notary Assn. I