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Home My WebLink About23-142 RESOLUTION NO. 2023-142 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE RIVER PARK II STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION NO. 72-123 and 10-179; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF 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 is adopted pursuant to the provisions of Article V, Chapter 40 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 72-123 and 10-179, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. 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) On September 12, 1972, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 72-123 which established the River Park 2 Street Lighting District (the "District") as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires the adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. NICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5248684 09/29/2023 10:29:41 AM DR BOOK 5050 PAGE 2156-2166 Doc Type:RESO RECORDING: $95.00 River Park II Street Lighting District Annual Assessment Resolution (C) The Ordinance generally provides that in the event the proposed assessment for any parcel of property exceeds the maximum amount established in the notice provided pursuant to Section 40-135, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively. (E) The Assessment Roll for Fiscal Year 2023-24 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (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 parcels of real property located within the District and described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (I) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property 2 River Park II Street Lighting District Annual Assessment Resolution SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2023- 24 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: (1) The District is substantially composed of similarly-sized single family residential parcels. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shall be assigned one EDU per multifamily unit. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 262 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2023, the estimated cost of providing Street Lighting Services in the District is $13,042.81. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 40-140 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of$49.78 per EDU for the Fiscal Year 2023-24. (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $54.76, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 40-137 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. 3 River Park II Street Lighting District Annual Assessment Resolution SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 72-123 and 10-179. The legal description of the boundary of the District as set forth in Resolution No. 72-123 and 10-179, including any amendment thereto, is hereby ratified, confirmed and incorporated herein by reference. Except as otherwise modified herein, Resolution No. 72-123 and 10-179 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2023. (B) 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 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 40-140 of the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 40-139 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. 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 Street Lighting 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 twenty (20) days from the adoption date hereof. 4 River Park II Street Lighting District Annual Assessment Resolution SECTION 10. 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. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 5th day of September, 2023. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: Chair (SEAL) ATTEST: Approved a to Form: ci _ . 1co,N Deputy Clerk Olyfr + ,, County Attorney coVNTY,PLOT'. 5 River Park II Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT r y, Street Lighting District: e1� cour. rT s River Park 2 'cV April2010 n :.. - ttc Is BMww S -� NE fLORESTA DR IIINIkfM N1`DIQ-` �:< — . "`41gr ,<\- * di ''',111* 1r it/ / r, • # 4t . ,,,, * irt ow 4, ` L 1� NWNAINON`.VE- 111111111111. 1 � ��4it $ilk r ��I �-�� „� II'�� —1 '1114 tiprik 11. ,.,wig 11111iak 1Vir 4.41 )', r _ii- _________ osiun,„„„,, .\,,, .. 2 _,,,„ si.,* ..., ,\ ,.., ,› 11 2 I I I I I I ' �` ‘ Q Distnd Boundary '' =...._._ �,� ,0-0 Parcel Boundary C —1 I—Ii i 1 1 1 1 1 1 1 1 1 1 1 1 1 _L- + 0100" , A .-,\ v ‘ .- v ,/ River Park II Street Lighting District Annual Assessment Resolution APPENDIX B PROOF OF PUBLICATION Treasure Coast Newspapers PART OF THE USA TODAY NETWORK St Lucie News Tribune 1801 U.S. 1,Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION ST LUCIE CO PLANNING & DEV 2300 VIRGINIA AVE FORT PIERCE, FL 34982 ATTN BARBARA GUETTLER STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the St Lucie News Tribune, published in St. Lucie County, Florida: that the attached copy of advertisement, being a PUBLIC NOTICE was published on publicly accessible, website of St. Lucie County, Florida,or in a newspaper by print in the issues of,on: 8/16/2023 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me,by the legal clerk,who is personally known to me,on August 16t,2023: otary, tate o oun y own 15.C97 My commission expires NANCY HEYRMAN Notary Public Publication Cost:$315.00 State of Wisconsin Ad No:GCI1094394 Customer No:361844 PO: PUBLIC NOTICE #of Affidavits) BEFORE THE BOARD OF COUNTY COMMISSIONERS ST.LUCIE COUNTY,FLORIDA NOTICE OF PUBLIC HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON AD VALOREM ASSESSMENTS IN THE RIVER PARK II STREET LIGHTING DISTRICT NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF ST.LUCIE COUNTY,FLORIDA (THE "BOARD"), will hold a PUBLIC HEARING to consider the levy of special assessments on properties within the River Park II Street Lighting District (the "District") to fund the cost of providing street lighting services therein. The matter will be considered at the Board's regular meeting on Tuesday,the 5th day of September 2023,at 6:00 p.m. or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers at the St.Lucie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida 34982. The properties within the District are indicated on the map below: +.p; Street Lighting Distnct: ih e` River Park 2 .Qir —"".lam„_ '_ .;1._ ,l.i, ,/ ' f t, - --"'""'' . Ill 1:1111-Q-. • V)), ' tty_.4f._, _.7....___! 1 i .,... �., t:•, _ . ,,,, /,),,,,.. ..t 1=', `l i i l J . ,\.00,04 ---1 .--- --/ -i-,-*.,4<,,,, ,- .diti , I-L,,,::,, ;;;I:7......,, I k , _T„,,,..,„,r,..,fri, - ; ............___ .....L ....•••••• ••.,../ The District was established by County Resolution No. 72-123. Each year the Board levies special assessments within the district to fund the street lighting services. The purpose of the September 5'" public hearing is to consider matters related to the assessment levy for fiscal year 2023- 2024, including the matter of allocating the cost of the street lighting services among specially benefitted property. If levied, the special assessment will be collected on the November,2023 tax bill by the St.Lucie County Tax Collector and will continue to be so collected on an annual basis until discontinued by the Board. All affected persons have the right to appear and be heard at the above public hearing and have the right to file with the County Engineer, within twenty (20) days of the date hereof, written objections as to the proprietary and advisability of the project, as to the cost thereof, as to the manner of payment thereof, and as to the amount thereof to be specially assessed against each parcel of property benefited thereby. Written comments received in advance of the public hearing will be heard. TA-GC11094394.01 River Park II Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on August 10, 2023, a total of 262 notices of"Non-Ad Valorem Assessments" for the River Park II Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on September 5, 2023, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2023 Assessment Roll. A sample copy of the notice is hereby attached. --aBarbara � L(ttler, MSBU Coordinate St. Lucie County ir i SUSAN A.COSENTINO �:( 1: Notary Public-State of Florida ` Commission#HH 383228 ern. My Comm.Expires Aug 1,2027 Bonded through National Notary Assn. Sworn to and subscribed before me this 5 day of S. P.&, 2023, by Barbara Guettler who is personally known to me. IC2-1/ijIgke) Notary Pu lic, Sta of Florida River Park II Street Lighting District Annual Assessment Resolution APPENDIX D 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 such county 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 S day of a— 2023. ST. LUCIE COUNTY, FLORIDA By:(Z . Barbara Guettler, MSBU Coordinator