HomeMy WebLinkAbout24-011 RESOLUTION NO. 2024-11
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; ESTABLISHING THE CULVERT 2024-01 MUNICIPAL
SERVICE BENEFIT UNIT; DETERMINING THAT THE REAL PROPERTY
COMPRISING SUCH MUNICIPAL SERVICE BENEFIT UNIT WILL BE
SPECIALLY BENEFITED BY THE CULVERT IMPROVEMENTS;
DESCRIBING 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; APPROVING THE ASSESSMENT
ROLL; IMPOSING ASSESSMENTS UPON ALL 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, as amended (the "Assessment Ordinance"), sections
125.01 and 197.3632,Florida Statutes, and other applicable provisions of law.
SECTION 2. DEFINITIONS. This Resolution is the Assessment Resolution for the
Culvert 2024-01 MSBU. All capitalized words and terms not otherwise defined herein shall have
the meaning set forth in the Assessment Ordinance. As used in this Resolution, the following
terms shall have the following meanings,unless the context hereof otherwise requires.
"Assessed Parcel" or "Parcel" means a parcel of real property subject to the Culvert
Assessments imposed hereunder,identified by the distinct ad valorem property tax identification
number assigned by the Property Appraiser.
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5294916 02/01/2024 08:06:40 AM
OR BOOK 5101 PAGE 1844-1856 Doc Type:RESO
RECORDING: $112.00
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"Collection Costs" means costs incurred by the County in the annual collection and
administration of the Assessments, including but not limited to fees imposed by the Property
Appraiser and Tax Collector and amounts necessary to account for statutory discounts for the
early payment of property taxes and non-ad valorem assessments.
"County" means St. Lucie County, Florida.
"Culvert 2024-01 Municipal Service Benefit Unit"or"Culvert 2024-01 MSBU" means the
Culvert 2024-01 Municipal Service Benefit Unit as described in Section 6 and Appendix C hereof.
The Culvert 2024-01 MSBU shall constitute an Assessment Area within the meaning of the
Assessment Ordinance.
SECTION 3. INTERPRETATION. Unless the context indicates otherwise, words
importing the singular number include the plural number, and vice versa; the terms "hereof,"
"hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term
"hereafter" means after, and the term "heretofore" means before, the effective date of this
Resolution. Words of any gender include the correlative words of the other gender, unless the
sense indicates otherwise.
SECTION 4. FINDINGS.It is hereby ascertained, determined and declared that:
(A) Culverts direct and channel the flow of stormwater under driveways, roads,
sidewalks and other obstructions and are an integral component of proper stormwater
management by preventing hazardous flood conditions on public rights of way and thereby
ensuring safe passage for vehicles and pedestrians during and in the aftermath of rainfall events.
(B) Culverts may fail over time due to maintenance, environmental or installation
issues, failures related to capacity and volume causing the erosion of the soil around or under
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them, and structural or material failures that cause culverts to fail due to collapse or corrosion of
the materials from which they are made.
(C) Culvert failure can lead to localized flooding which may impede safe conditions
of ingress and egress for owners and residents of property in the affected area, the traveling
public,visitors, emergency responders and other public service providers.
(D) In many instances, culverts are constructed or located to serve as access to private
property such that the culvert is owned by, and the maintenance,improvement and repair of the
culvert is the responsibility of, private property owners.
(E) Such owners may recognize the potentially dangerous conditions caused by
culvert failure but nonetheless lack the resources or ability to pay for improvements or repairs.
(F) In light of the paramount public purpose served by proper management of
stormwater and the prevention of hazardous flood conditions on public rights of way, the Board
adopted the Assessment Ordinance to establish a program pursuant to which eligible Property
Owners can apply for and receive funding to improve or repair culverts and then repay such
funding through the imposition of a non-ad valorem special assessment against the improved
property, collected in annual installments pursuant to the Uniform Assessment Collection Act.
(G) The County is authorized by Article VIII, Section 1 of the State Constitution and
Sections 125.01 and 197.3632, Florida Statutes, to provide for the imposition and collection of
charges in the form of non-ad valorem special assessments.
(H) 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
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the option of eligible Property Owners who have entered into a Financing Agreement with the
County.
(I) The special benefits conveyed to Assessed Parcels by the Culvert Improvements
include, but are not limited to, increased use, enjoyment and marketability, and remediating
potentially hazardous conditions for ingress and egress to the property by Property Owners,
emergency response personnel, public service providers and others, resulting from failure of
existing culvert facilities and development of the property from its natural state.Assessed Parcels
are further benefitted by the Property Owner's ability to finance the acquisition and installation
of Culvert Improvements over time through the imposition of Culvert Assessments.
Q) The Culvert Assessment imposed against the Assessed Parcel(s) comprising the
Culvert 2024-01 MSBU is based upon the actual cost of the Culvert Improvements proposed for
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).
(K) 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.
(L) The County has received a Financing Agreement signed by the Property Owner(s)
for each Parcel comprising the Culvert 2024-01 MSBU.
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(M) The Board hereby finds and determines that the Culvert Assessments to be
imposed in accordance with this Resolution provide a proper and equitable method of funding
the Culvert Improvements by fairly and reasonably apportioning the costs and benefits thereof
among Assessed Parcels.
(N) As required by the terms of the Assessment Ordinance,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.
(0) Such public hearing was duly held on January 23, 2024 and comments and
objections of all interested persons have been heard and considered as required by law.
(P) 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.
(Q) The special benefits derived by Assessed Parcels from the Culvert Improvements,
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.
(R) The Board hereby finds and determines that the Assessments to be imposed in
accordance with this Resolution provide an equitable method of funding the Culvert
Improvements by fairly and reasonably allocating the costs associated therewith among specially
benefited property.
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SECTION 5. RATIFICATION AND CONFIRMATION OF PRIOR ACTIONS.
Any and all prior actions of the Board, the Assessment Coordinator and County staff associated
with creation of the Culvert 2024-01 MSBU and the imposition of Assessments therein to fund the
Culvert Improvements, including but not limited to the provision of mailed and published
notices, are hereby approved, ratified and confirmed in their entirety.
SECTION 6. ESTABLISHMENT OF CULVERT 2024-01 MSBU. The Culvert
2024-01 MSBU, the description of which is set forth in Appendix C hereto, is hereby established.
SECTION 7. ASSESSMENTS.
(A) Culvert Assessments are hereby imposed against the Assessed Parcel(s) included
on the Assessment Roll for the Culvert 2024-01 MSBU.
(B) The total amount of the Culvert Assessment and the maximum annual installment
of the Culvert Assessment for each Parcel, including annual interest at the rate of 2.5% and
Collection Costs, are included in Appendix C and the Financing Agreement for each Parcel.
(C) The Culvert Assessment shall constitute a lien against Assessed Parcels 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 S. 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
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Parcel can be determined by use of a computer terminal or internet access available to the public.
SECTION 9. 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
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 Assessment Ordinance and Uniform Assessment Collection
Act, commencing with the property tax bill mailed in November 2024. The Assessment
Coordinator is authorized to cause the certification and delivery of the Assessment Roll to the
Tax Collector by September 15, 2024, 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 Parcels but may be paid in full at any time at the option of the owner
thereof.
SECTION 10. 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 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
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adoption of this Resolution.
SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect
immediately upon its passage and adoption.
AFTER MOTION AND SECOND,the vote on this Resolution was as follows:
Cathy Townsend, Chair AYE
Chris Dzadovsky, Vice Chair AYE
Linda Bartz, Commissioner AYE
Jamie Fowler, Commissioner AYE
Larry Leet, Commissioner AYE
PASSED AND DULY ADOPTED this 23rd day of January 2024.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY,FLORIDA
ATTEST:
. fi GOMM/ S
>
.I ir. .
JLICUAJr-dt
Deputy Clerk ? / O
J ' Chair 11
A
spy, %`'` `4r APPROVED AS TO FORM AND
CGcfo) CORRE TNESS:
�FcouNr�•
County Attorney
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APPENDIX A
PROOF OF PUBLICATION
A-1
LocaliQ
Florida PO Box 631244 Cincinnati,OH 45263-1244
GANNETT
PROOF OF PUBLICATION
St Lucie County Bocc Finance Dept
Finance Department
St Lucie County Bocc
2300 Virginia AVE
Fort Pierce FL 34982-5632
STATE OF WISCONSIN,COUNTY OF BROWN
Before the undersigned authority personally appeared,who
on oath says that he or she is the Legal Advertising
Representative of the Indian River Press Journal/St Lucie
News Tribune/Stuart News, newspapers published in Indian
River/St Lucie/Martin Counties, Florida;that the attached
copy of advertisement, being a Legal Ad in the matter of
Main Legal CLEGL,was published on the publicly accessible
websites of Indian River/St Lucie/Martin Counties, Florida,
or in a newspaper by print in the issues of,on:
01/03/2024
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 01/03/2024
Legal Clerk --'
Notary,State of Wl,Canty ofjywn
My commision expires /J ////
Publication Cost: $139.20
Order No: 9638285 #of Copies:
Customer No: 1125957 1
PO#:
THIS IS NOT AN INVOICE!
Please do not use this form for payment remittance.
KAITLYN FELTY
Notary Public
State of Wisconsin I
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Florida
Notice is hereby given that the Board of County Commissioners of
St.Lucie County,Florida(the^Board")will conduct upublic hearing to
consider any comments oo the creation of the Culvert 2O24-01MSBU
depicted above and the imposition of special assessment therein Wfund
otormwator culvert improvements(the"Culvert A0000moots").and b
authorize the collection of Culvert Assessments |n not more than ten
(10 annual installments on the property tax bill mailed Uy the St.Lucie
County Tax Collector each November,commencing in November 2O24.
Participation in the culvert improvement program|x voluntary,and the
Culvert Assessments are imposed only upon the request of o(iyiNo
property owners who have entered into financing agreements with the
County.
The hearing will be held|n the County Commission Chambers at
1:OOp.m.on January 23.2O24.orux soon thereafter ao the matter may
ho heard in the St. Lucie County Commission Chambers,23OOVirginia
Avenue,Fort Pierce,Florida,fo/tho purpose of receiving public comment
on the creation of the Culvert 2023'10 M88U and the imposition of
Culvert Assessments thomin.Al|affected property owners have xriDhtho
appear at the hearing and to file written objections with the Board within
2O days of this notice. |fu person decides to appeal any decision made
Uy the Board with respect to any matter considered at the hearing,such
person will need urecord of the proceedings and may need toensure
that uverbatim record is mugo. including the testimony and evidence
upon which the appeal|otobo made. |u accordance with the Americans
with Disabilities Act,persons needing uoponiu|accommodation oran
interpreter to participate in this proceeding should contact the Safety
and Risk Manager at(772)402'1548orTDU(772)462'1428.otleast
seven days prior to the date nf the hearing.
Copies of the County ordinance establishing the Culvert
Aoouaomont program (Ordinance No. 21'000. together with any
related resolutions and the assessment roll showing the amount of the
Culvert Assessments tobo imposed against each parcel of property are
uvui!uh|o for inspection ui the office of the County MSBU Coordinator
located on the Second Roorof the Administration Annex nt230VNrgioiu
Avenue,Fort Pierce,Florida.
U you have any questions, p|ouoo contact the County MS8U
Coordinator at(772)462'2508. Monday through Friday botwmon8:O0
u.m.and 5:00om.
APPENDIX B
AFFIDAVIT OF MAILING
BEFORE ME,personally appeared the undersigned affiant, who after being duly sworn
depose and say:
(1) I am the MSBU Coordinator for the Engineering Division of St. Lucie County,
Florida.
(2) On or before January 3, 2024, I facilitated and directed mailed notice of a public
hearing to be held on January 23, 2024,by the St.Lucie County Board of County Commissioners
for purposes of receiving public comment on the creation of the Culvert 2024-01 MSBU and the
imposition of Culvert Assessments therein from the public and affected Property Owners and
consider adoption of an Annual Assessment Resolution approving the Assessment Roll and
directing certification and delivery thereof to the Tax Collector. The notices were mailed in
accordance with Section 40-268 of the County Code of Ordinances,as amended,to each owner of
real property located within the proposed Culvert 2024-01 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.
(22). ,_,P\Li.A.M.frA
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 n day of Sc,vvIcic .4 , 2024, by Barbara Guettler.
She is zersonally known to me or has produced as identification and did take
an oath.
Printed/Typed Name:
(SEAL) Notary Public-State of
Commission Expires:
B-1
APPENDIX C
DESCRIPTION OF
CULVERT 2024-01 MUNICIPAL SERVICE BENEFIT UNIT
AND ASSESSMENT AMOUNTS
The following table describes the Parcels comprising the Culvert 2024-01 Municipal Service
Benefit Unit,together with the total amount of the Culvert Assessment and the annual installment
for each Parcel.
Parcel Identification Number Total Culvert Assessment Annual Installment
3419-510-0124-000-6 $5,917.02 $676.07
3402-609-0646-000-2 $7,670.21 $876.39
3402-610-0356-100-7 $6,574.47 $751.19
3402-609-0461-000-1 $6,026.60 $688.59
3419-510-0286-000-9 17,531.91 $2,003.17
1301-614-0070-000-3 $5,478.72 $625.99
3402-609-0680-000-2 $8,546.81 $976.55
3419-510-0283-000-8 $9,412.45 $1,075.45
1301-609-0034-000-3 $6,793.62 $776.23
1301-611-0342-000-2 $7,122.34 $813.79
3402-610-0439-000-2 $5,467.77 $624.74
3402-610-0142-000-3 $9,642.55 $1,101.75
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