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Home My WebLink About23-109 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5229086 08/11/2023 03:04:34 PM OR BOOK 5029 PAGE 1936-1942 Doc Type:RESO RECORDING: $61.00 RESOLUTION NO. 2023-109 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STORMWATER SERVICES IN THE LAKEWOOD PARK MUNICIPAL SERVICE BENEFIT UNIT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM SPECIAL ASSESSMENTS; APPROVING THE FISCAL YEAR 2023-24 STORMWATER ASSESSMENT RATES AND ASSESSMENT ROLL FOR THE LAKEWOOD PARK MSBU AND DIRECTING CERTIFICATION OF THE ROLL TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: 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 125.01, 125.66, 197.3632 and 408.0893, Florida Statutes, and other applicable provisions of law, and Resolution No. 2018-258 adopted by the Board on December 18, 2018 and Resolution No. 2019-19 adopted by the Board on February 5, 2019 (collectively, the "Final Assessment Resolution"). SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution for the Lakewood Park MSBU for the Fiscal Year commencing October 1, 2023 (The "Fiscal Year 2023-24"). All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Assessment Ordinance and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number include the plural number and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) The Board adopted the Final Assessment Resolution to fund the cost of providing Stormwater Services to the real property comprising the Lakewood Park MSBU through the imposition of Stormwater Assessments. (B) Pursuant to Section 40-100(g) of the Assessment Ordinance, the Board is required to adopt an Annual Assessment Resolution approving the Assessment Roll for the Lakewood Park MSBU for each Fiscal Year. (C) The Board wishes to hereby adopt and approve the Assessment Roll for the Lakewood Park MSBU for Fiscal Year 2023-24 and to direct certification of such Assessment Roll to the Tax Collector for collection of the Assessments on the property tax bill issued in November, 2023. (D) The parcels of real property described in the Assessment Roll are hereby found to be specially benefited by the provision of Stormwater Services, as described in the Final Assessment Resolution. (E) The special benefits derived from the provision of Stormwater Services in Fiscal Year 2023-24 exceed the dollar amount of the Assessments to be levied and imposed hereunder for such Fiscal Year. The Assessment for any parcel of property 2 within the Lakewood Park MSBU does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (F) The apportionment methodology approved in the Final Assessment Resolution bears a reasonable relationship to the cost of providing Stormwater Services and is hereby ratified and confirmed. (G) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Stormwater Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property. (H) The Assessments are 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. SECTION 4. STORMWATER ASSESSMENTS FOR FISCAL YEAR 2023-24. (A) For Fiscal Year 2023-24, the estimated Stormwater Service Cost to be paid through Stormwater Assessments is $80,463.81 (B) The rate of Stormwater Assessment for Fiscal Year 2023-24 is $22.97 per Tax Parcel one acre in size or less, and $45.94 for Tax Parcels which are more than one acre but less than or equal to two acres. There are currently 3,493 Tax Parcels within the Lakewood Park MSBU, of which 3,483 are one acre or smaller in size and 10 are larger than one acre but smaller than two acres. 3 (C) The Stormwater Assessment rates for Fiscal Year 2023-24 approved hereunder are below the maximum rates authorized by the Final Assessment Resolution which may be imposed without additional notice to affected property owners. (D) Stormwater Assessments in the amounts set forth in the Assessment Roll are hereby levied and imposed on all parcels of property described in the Assessment Roll for Fiscal Year 2023-24. (E) Assessments shall constitute a lien upon the parcels of real property subject thereto 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 5. APPROVAL AND CERTIFICATION OF ASSESSMENT ROLL. The Assessment Roll for Fiscal Year 2023-24, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as delivered to the Tax Collector may be accompanied by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix A. 4 SECTION 6. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 40-100(i) of the Assessment Ordinance. SECTION 7. EFFECT OF RESOLUTION. As provided in Section 40-100(h) of the Assessment Ordinance, the adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including but not limited to the special benefit conveyed to assessed property by the Stormwater Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within thirty (30) days from the adoption date hereof. SECTION 8. SEVERABILITY. If any clause, section, or other part of this Resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this Resolution. [Remainder of Page Intentionally Left Blank] 5 SECTION 9. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. follows: AFTER MOTION AND SECOND, the vote on this Resolution was as Cathy Townsend, Chair Aye Linda Bartz, Vice Chair Aye Chris Dzadovsky, Commissioner Aye Jamie Fowler, Commissioner Aye Larry Leet, Commissioner Aye PASSED AND DULY ADOPTED this 18th day of July, 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: Deputy Clerk �� M/S+ Chair �A * m a ca APPROVED AS TO FORM AND CORRE NESS: TY, FLO�`�P A 11 Ai_ i County Attorney rd APPENDIX A FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Chair of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non -Ad Valorem Assessment Roll for the Lakewood Park MSBU is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2023. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this 18th day of July 2023. ST. LUCIE COUNTY, FLORIDA By. Barbara Guettler MSBU Coordinator A-1