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HomeMy WebLinkAbout24-091 RESOLUTION NO.2024-91 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY re 0 o 1 COMMISSIONERS RELATING TO THE CONSTRUCTION AND LLJ EXTENSION OF SEWER IMPROVEMENTS TO SERVE THE NORTH re a HUTCHINSON ISLAND MUNICIPAL SERVICE BENEFIT UNIT; V F 8 DETERMINING THAT REAL PROPERTY THEREIN WILL BE SPECIALLY o BENEFITED BY THE IMPROVEMENTS;ESTABLISHING THE METHOD OF •N W ASSESSING THE COSTS OF THE IMPROVEMENTS AGAINST THE REAL O o N PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY; Z a r; ; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE - 7oao 20r-0)69. ASSESSMENTS; AMENDING, RATIFYING AND CONFIRMING THE w U el Y z INITIAL ASSESSMENT RESOLUTION; APPROVING THE ASSESSMENT _ m o ROLL; IMPOSING ASSESSMENTS UPON ALL TAX PARCELS DESCRIBED W� cO E N LL o re ' 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 Article IV of Chapter 40 of the County Code of Ordinances (the "Assessment Ordinance"), sections 125.66, 197.3632, and 197.3635, Florida Statutes and other applicable provisions of law, and Resolution No. 2024-069 adopted by the Board on March 22,2024 (the "Initial Assessment Resolution"). SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution for the North Hutchinson Island MSBU. 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 fully herein. (B) On March 22, 2024, the Board adopted the Initial Assessment Resolution which described the proposed North Hutchinson Island MSBU and the sewer extension improvements comprising the Project, provided for the funding of a portion of the Project Costs through Assessments, described the method of apportioning the Assessments among the real property comprising the North Hutchinson Island MSBU, established a public hearing to consider imposition of the Assessments, and directed preparation of the preliminary Assessment Roll. (C) Pursuant to Section 40-100(f) 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 County Engineer 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. AMENDMENT, RATIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS. (A) Section 2.01 of the of the Initial Assessment Resolution are hereby amended as follows, with new text indicated by underline and deleted text indicated by strilethr-eugh-. "SECTION 2.01. ESTIMATED PROJECT COST AND ASSESSED COST. The estimated Project Cost is $14,828,000.00. The County will contribute approximately 84.3-% {$12,500,000.-" 84.6% ($12,546,370.00) toward such Project Cost through state and/or federal grants and other legally available funds of the County. The balance of costs in the amount of $2,328,000.00 $2,281,630.00, together with administrative costs and expenses incurred by the County in establishing the NHI MSBU in the amount of $93,120.00, will be funded through the Assessments contemplated herein. Accordingly, the Assessed Cost for the Project is $2,42 ,'20 00 $2,374,750.00. Such Assessed Cost does not include costs associated with decommissioning existing on -site septic systems or connection of Assessed Property to the sewer extension improvements. The owners of Assessed Property are responsible for the payment of such costs." (B) Sections 3.04 (F) and (G) of the Initial Assessment Resolution are hereby amended as follows, with new text indicated by underline and deleted text indicated by str-ikethr-eugh. "(F) There are currently 32-3 316 Parcels within the NHI MSBU." (G) The total number of EDUs attributable to the NHI MSBU is 365.5 358.5." (C) As amended, the Initial Assessment Resolution is hereby ratified and confirmed. (D) Any and all prior actions of the Board associated with creation of the North 3 Hutchinson Island MSBU and the imposition of Assessments therein to fund the Project are hereby approved, ratified and confirmed in their entirety. SECTION 5. ESTABLISHMENT OF NORTH HUTCHINSON ISLAND MSBU. The North Hutchinson Island MSBU, the description of which is set forth in the Initial Assessment Resolution, is hereby established. SECTION 6. ASSESSMENTS. (A) The Assessed Cost of the Project in the amount of $2,374,750 is hereby approved. Based upon such Assessed Cost, an Assessment in the amount of $7,949.24 per EDU is hereby levied and imposed against each Parcel described in the Assessment Roll. For any Assessment which is voluntarily prepaid by the owner of an Assessed Property pursuant to Section 8(A) hereof, the prepayment amount shall be $6,759.32. (B) The County intends to incur a Debt Obligation to finance the Assessed Cost of the Project at an estimated interest rate of 5.50% per annum. (C) Assessments which are not paid in full at the option of the owners of Assessed Property in accordance with Section 8 below shall be collected in not more than twenty (20) annual installments pursuant to the Uniform Assessment Collection Act. The maximum annual installment of the Assessment is estimated to be $665.19 per EDU which includes annual interest, financing costs and Collection Costs. (D) The Parcels described in the Assessment Roll are hereby found to be specially benefited by the Project in an amount which equals or exceeds the Assessments imposed hereunder. The apportionment methodology for the Assessments, as set forth in Section 3.04 of the Initial Assessment Resolution, is hereby approved. 4 (E) 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. (F) The Assessment amounts and rates approved herein are based upon conservative construction and financing cost estimates. The actual cost of the Project, including one or more of the several cost components comprising the Project, may vary from such estimates. In the event that the actual cost of the Project or any component thereof is less than the cost estimates used to derive the Assessment rates and amounts approved hereunder, either as a result of construction or financing cost savings or any other factor, then such cost savings shall be applied to reduce the amount the County would have otherwise contributed toward the Project from its legally available funds other than proceeds of the Assessments. (G) The Assessment Coordinator is hereby authorized to record a general notice of the Assessments in the Official Records in the office of the St. Lucie County Clerk of Courts. Such notice shall be recorded upon completion of the Project. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file in the office of the County Engineer 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. 5 SECTION 8. COLLECTION OF ASSESSMENTS. (A) Owners of Assessed Property may prepay the Assessment at their option and thereby avoid annual interest, financing costs and Collection Costs. The Assessment Coordinator is authorized and directed to provide mailed notices to the owners of Assessed Property describing the prepayment option and the deadline for prepayment which shall be no later than July 8, 2024. 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 twenty (20) annual installments pursuant to the provisions of the Initial Assessment Resolution and Uniform Assessment Collection Act, commencing in November 2024. Upon conclusion of the prepayment deadline established above, 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. ADJUSTMENT OF ASSESSMENT UPON SUBSTANTIAL IMPROVEMENT OF TAX PARCEL; COST SAVINGS. Following adoption of this Resolution, in the event any Parcel is subsequently developed or reconstructed with more EDUs than attributed to such Parcel in the Assessment Roll as approved hereunder, the Parcel shall then be subject to an adjustment in the Assessment for each additional EDU U. or fraction thereof, and shall pay such additional amount to the County in cash at the time a building permit is issued. Such adjustment shall be computed in accordance with the most recent Annual Assessment Resolution for the subject Assessment, without any other credit, refund, recalculation or reapportionment, so that the proceeds from such additional Assessments are available to the County to additionally apply to payment of any Debt Obligation incurred by the County to finance the Assessed Cost of the Project or otherwise pay the cost of the Project. In the event such additional amount is not paid to the County at the time a building permit is issued, the County may collect such amount by any method authorized by law including but not limited to collection in one or more installments on the ad valorem tax bill in accordance with the Uniform Assessment Collection Act. SECTION 10. 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] 7 SECTION 11. 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: Chair Cathy Townsend AYE Vice Chair Chris Dzadovsky AYE Commissioner Larry Leet AYE Commissioner Linda Bartz AYE Commissioner Jamie Fowler AYE PASSED AND DULY ADOPTED this 7th day of May, 2024. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: Dep ty Clerl Chair GOM1N/S�� O� V� > e � t� t �� Cn 10 eoLINI-q. APPROVED AS TO FORM AND 3 APPENDIX A PROOF OF PUBLICATION A-1 LocaliQ Florida GANNETT AFFIDAVIT OF PUBLICATION Barbara Guettler 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 Classified 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: 04/29/2024 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 04/29/2024 iviy commission expires Publication Cost: $488.86 Order No: 10093748 # of Copies: Customer No: 1125957 1 PO #: Please do not use this form for payment remittance. VICKY FELTY E, Notary Public State of Wisconsin PO Box 631244 Cincinnati, OH 45263-1244 RECEIVED MAY 6 2024 ENGINEERING DIVISION Page 1 of 2 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF STORMWATER CULVERT SPECIAL ASSESSMENTS 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 the creation of the Culvert 2024-04 MSBU depicted above and the imposition of special assessment therein to fund stormwater culvert improvements (the "Culvert Assessments"), and to authorize the 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 2024. 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 May 21, 2024, 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 2024-04 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. To be published on or before 4/29/2024 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 Project Manager for the Engineering Division of St. Lucie County, Florida. (2) On or before 3 as 2024, I facilitated and directed mailed notice of a public hearing to be held on May 7, 2024, by the St. Lucie County Board of County Commissioners for purposes of receiving public comment on the imposition of special assessments (the "Assessments") within the North Hutchinson Island Municipal Service Benefit Unit ("MSBU") to fund sewer extension improvements. The notices were mailed in accordance with Section 2.03(F) of Resolution No. 2024-069 and Section 40-100(e) of the County Code of Ordinances, to each owner of real property located within the North Hutchinson Island 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. r Barbara Guettler, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing Affidavit of Mailing was acknowledged before me by means of Vphysical presence or ❑ online notarization this `1 `t' day of M411 2024, by Barbara Guettler. She is personally known to me or has produced as identification and did take an oath. Printed/Typed Name: Keene k1_-Yr i s (SEAL) Notary Public -State of V kcridW. Commission Expires: 5 to ( 2CZtF K LLIE H WIS Notary Public State of Florida Commission # GG 985931 My Comm. Expires May 10, TOTS Bonded through National Notary Assn. IIM]